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1 Abbreviations: EU European Union WTO World Trade Organization QI Quality Infrastructure NQI National Quality Infrastructure MoE Ministry of Economy MS Member State BI Beneficiary Institution ISS Serbian Institute for Standardization ATS Accreditation Body of Serbia DMDM Directorate for Measures and Precious Metals CEFTA Central European Free Trade Agreement EA European Accreditation CEN European Committee for Standardization CENELEC European Committee for Electrotechnical Standardization ETSI European Institute for Electrotechnical Standardization WELMEC European Legal Metrology EURAMET European Association of National Metrology Institutes GIZ ACCESS German bilateral program support for Quality Infrastructure WTO/TBT WTO Agreement on the removal of technical barriers to trade CAB Conformity Assessment Body NPAA National Programme for Adoption of the Acquis Communautaire 2013-2016 CA Conformity Assessment MID Directive on Measuring Instruments 2004/22/EC NAWI Directive on non-automatic weighing instruments 2009/23/EC ATEX Directive on Equipment and protective systems intended for use in potentially explosive atmospheres 94/9/EC LIFTS Lifts Directive 95/16/EC RTTE Directive on Radio equipment and Telecommunications Terminal Equipment (1999/5/EC) PCP Product Contact Points NLF New legal framework LTRPCA Law on Technical Requirements for Products and Conformity Assessment

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Abbreviations: EU European Union

WTO World Trade Organization

QI Quality Infrastructure

NQI National Quality Infrastructure

MoE Ministry of Economy

MS Member State

BI Beneficiary Institution

ISS Serbian Institute for Standardization

ATS Accreditation Body of Serbia

DMDM Directorate for Measures and Precious Metals

CEFTA Central European Free Trade Agreement

EA European Accreditation

CEN European Committee for Standardization

CENELEC European Committee for Electrotechnical Standardization

ETSI European Institute for Electrotechnical Standardization

WELMEC European Legal Metrology

EURAMET European Association of National Metrology Institutes

GIZ ACCESS German bilateral program support for Quality Infrastructure

WTO/TBT WTO Agreement on the removal of technical barriers to trade

CAB Conformity Assessment Body

NPAA National Programme for Adoption of the Acquis Communautaire 2013-2016

CA Conformity Assessment

MID Directive on Measuring Instruments 2004/22/EC

NAWI Directive on non-automatic weighing instruments 2009/23/EC

ATEX Directive on Equipment and protective systems intended for use in

potentially explosive atmospheres 94/9/EC

LIFTS Lifts Directive 95/16/EC

RTTE Directive on Radio equipment and Telecommunications Terminal Equipment

(1999/5/EC)

PCP Product Contact Points

NLF New legal framework

LTRPCA Law on Technical Requirements for Products and Conformity Assessment

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STANDARD TWINNING PROJECT FICHE

1. Basic Information

1.1 Publication notice reference: EuropeAid/ 136-447/IH/ACT/RS

1.2 Programme: IPA 2013

1.3 Twinning Number: SR 13 IB EC 01

1.4 Title: Strengthening capacities of National Quality Infrastructure (NQI) and

conformity assessment (CA) services in the Republic of Serbia

1.5 Sector: Private Sector Development

1.6 Beneficiary country: Republic of Serbia

2. Objectives

2.1 Overall Objective(s):

Overall objective of this project is to increase the competitiveness of Serbian enterprises and

industry in the EU market.

2.2 Project purpose:

Project purpose is to improve level of recognition of Serbian National Quality Infrastructure

(NQI) system through strengthening capacities of authorities in charge of quality

infrastructure (QI) and providers of conformity assessment (CA) services.

2.3 Contribution to National Development Plan/Cooperation agreement/Association

Agreement/Action Plan

The Stabilization and Association Agreement (SAA) entered into force on 1st September

2013, after the European Union (EU) informed Serbia that the ratification procedure is

successfully completed. Based on Article 77 of the SAA, Serbia is obliged to undertake

necessary measures in order to gradually achieve conformity with Community technical

regulations and European standardization, metrology, accreditation and conformity

assessment procedures. Parties shall seek to:

a) Promote the use of Community technical regulations, European standards and

conformity assessment procedures;

b) Provide assistance to fostering the development of quality infrastructure:

standardization, metrology, accreditation and conformity assessment;

c) Promote the participation of Serbia in the work of organizations related to standards,

conformity assessment, metrology and similar functions (e.g. CEN, CENELEC, ETSI,

EA, WELMEC, EUROMET);

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d) Where appropriate, conclude an Agreement on Conformity Assessment and

Acceptance of Industrial Products (ACAAs) once the legislative framework and the

procedures of Serbia is sufficiently aligned on that of the Community and appropriate

expertise is available.

The European Partnership for 2008 defined that Serbia should „continue to align the legal

framework on standardization, certification, metrology, accreditation and conformity

assessment with European standards. Continue to develop standardization and prepare for full

membership of the European standardization organizations”.

Progress report Serbia 2014 states that Serbia has continued implementation of legislation

with the EU acquis and that Quality Infrastructure Strategy remains to be adopted. The

administrative capacity of the Ministry in charge of horizontal coordination remains to be

strengthened.

In the area of standardisation, the Institute for Standardisation of Serbia (ISS) has adopted

almost 94.5 % of all European standards (ENs). Serbia has not yet applied for membership of

the European Committee for Standardisation (CEN) and the European Committee for

Electrotechnical Standardisation (CENELEC).

In the area of conformity assessment, more than 20 conformity assessment bodies have been

designated in accordance with the Rulebooks transposing relevant EU Directives.

In the field of accreditation, the Accreditation Body of Serbia (ATS) signed the International

Laboratory Accreditation Co-operation (ILAC) Mutual Recognition Agreement for the field

of calibration, testing, and inspection, and the International Accreditation Forum (IAF)

Multilateral Agreement for product certification fields. New fields of accreditation were

established for several New Approach Directives.

National legislation in the area of metrology is in line with the acquis and Serbia has already

started preparations for adopting new acquis in this area. The number of internationally

recognised national standards for calibration and measurement is now 142.

A new law on market surveillance remains to be adopted. The Product Safety Council

continued its regular operations. The administrative capacity of the line ministry remains

weak in the area of market surveillance.

In the field of ‘Old Approach’ product legislation, Serbia has aligned its legislation with

the acquis on textiles and footwear. It has yet to align its legislation in a number of other

areas, including emissions of pollutants from non-road engines and crystal glass.

As regards ‘New and Global Approach’ product legislation, Serbia has adopted legislation

transposing the Measurement Instruments Directive. Further alignment is needed in the areas

of construction products, cableway installations, recreational craft, cosmetics and toy safety.

As regards procedural measures, Serbia has yet to align its legislation with the acquis on

civil firearms and the return of cultural objects unlawfully removed from the territory of an

EU Member State.

National Program for Adoption of EU Acquis (NPAA, 2013-2016), adopted in the

beginning of 2013, goes more in detail regarding fulfillment of the SAA. In the chapter

regarding the ability of taking over obligations arising from the EU membership, in the field

of Free Movement of Goods, a precise plan for harmonization of legislative system of Serbia

with EU-rules and full implementation of technical legislation is presented. The revision of

NPAA is ongoing and revised plan will cover period from year 2014 to 2018.

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Draft Quality Infrastructure Development Strategy/Program for the period 2014-2020 is

prepared. Development priorities in the QI domain identified in this document have been

harmonized with the relevant strategic priorities defined in: Industrial Development Strategy

(2011-2020), Competitive and Innovative SMEs Development Strategy (2008-2013), Fiscal

Strategy for 2013 with projections for 2014 and 2015, Market Surveillance Strategy (2010-

2014), National Strategy for the EU-accession and National Program for Integration of the

Republic of Serbia to the EU–NPI, Stabilization and Accession Agreement (Art.77) and

CEFTA Free Trade Agreement in Southeast Europe.

An important instrument for enhancing competitiveness of Serbian industry, recognized in

the Industrial Development Strategy and Policy of the Republic of Serbia for the period

2011-2020, is reflected in the harmonization of technical regulations and standards with

international, i.e. European rules, and strengthening relevant institutions as an important

prerequisite in creating business environment that would enable export of Serbian products to

foreign, primarily EU markets. In order to achieve a balanced development of quality

infrastructure in accordance with the Serbian industry needs, i.e. provide adequate services to

the industry, this document recognized need to establish a mid-term strategic framework for

further QI development as one of the elements underlying implementation of this Strategy.

Fiscal Strategy for 2013 with projections for 2014 and 2015, in its part referring to

structural reforms aimed at intensifying business activities, has identified, inter alia, the need

for improvement of national quality infrastructure, including: full harmonization of the most

relevant standards for the industry competitiveness and their translation into Serbian; full

participation of the Serbian Institute for Standardization in the regional and international

standardization activities; full integration of Serbia in the international measurement system;

capacity building of the national metrology institution to directly respond to the private sector

needs; improved testing and certification, establishment of testing laboratories and

environmental protection, as well as conformity assessment bodies for the product

certification; strengthening the national accreditation body in assessing conformity

assessment bodies’ qualifications to render services of conformity assessment in the areas of

testing, inspection and the certification of products, systems and personnel.

Market Surveillance Strategy (2010–2014) emphasizes the importance of the improvement

of non-food product safety related legal framework, as well as the role of Market

Surveillance in enforcement of technical regulation aiming at health and safety protection,

environmental protection and other aspects of public interests.

This project is important for the implementation of the Free Trade Agreement for South East

Europe (CEFTA, signed 2006), too. CEFTA focuses on elimination of technical barriers to

trade primarily through harmonization of technical regulations and standards. The final goal

of these measures is to facilitate trade of products and services in the CEFTA region by

elimination of non-tariff barriers through mutual recognition of Conformity Certificates,

respectively.

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3. Description

3.1 Background and justification:

Competitiveness of Serbian enterprises is closely connected with their ability to produce

quality and safe products, conformed to the requirements of relevant technical regulations

and standards. An efficient and internationally recognized national quality infrastructure

(NQI) system that provides Serbian enterprises and industries with better conditions for

implementation of technical regulations and standards for products and management systems

(for: quality, environment protection, health and safety at work) is one of the prerequisites for

the competitiveness of the Serbian economy.

Developed NQI system with internationally recognized conformity assessment (CA),

metrology and accreditation system ensure safety of products placed on the market and helps

economic operators to accomplish requirements of the EU market i.e. related legislation

dealing with free movement of goods.

NLF “Package” contains the major principles for regulating this comprehensive area, and it

consists of:

- Decision No 768/2008/EC of the European Parliament and of the Council of 9 July

2008 on common framework for the marketing of products, and repealing Council Decision

93/465 EEC Text with EEA relevance- Official Journal L 218, 13/08/2008- P. 0082-0128;

- Regulation (EC) No 765/2008 of the European parliament and of the Council of 9

July 2008 setting out the requirements for accreditation and market surveillance relating to

the marketing of products and repealing Regulation (EEC)No 339/93 text with EEA

relevance –Official Journal L 218, 13/08/2008 P. 0030-0047;

- Regulation (EC) No 764/2008 of the European Parliament and of the Council of 9

July 2008 laying down procedures relating to the application of certain national technical

rules to products lawfully marketed in another Member State and repealing Decision No

3052/95/EC.

NLF Package, together with Directives of the “Old” and “New Approach” which regulate

requirements regarding product safety, is the basis of the Single EU Market (harmonized

area). List of the most relevant sectoral EU regulations in the field of free movement of goods

is annexed in Annex IIb.

The Ministry of Economy, Sector for QI is the authority in charge of the elaboration of the

development policy in the areas of metrology, standardization, accreditation and conformity

assessment and coordination of the competent public authorities responsible for drafting and

implementing technical regulations (Law on Ministries, Official Gazette of RS, No. 44/14).

Metrology, standardization, accreditation and conformity assessment make a national quality

infrastructure system. Establishing and efficient functioning of a national quality

infrastructure system is very important because it is a prerequisite for:

a) Placing safe and quality products on the market and ensuring high level of consumers’

rights protection;

b) Free movement of goods and removing technical barriers to trade;

c) Easier access of national producers to international markets;

d) Achieving higher level of industry innovations and competitiveness;

e) Sustainable economic development and environmental protection.

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Quality infrastructure system in Serbia consists of the Serbian Metrology Institute

(Directorate of Measures and Precious Metals - DMDM), Accreditation Body of Serbia

(ATS) and Institute for Standardization of Serbia (ISS), and numerous conformity assessment

bodies (CABs) - economic operators mainly private entities.

The Directorate of Measures and Precious Metals (DMDM) is responsible for carrying

out specialized activities from the field of scientific and legal metrology and acts as the

National Metrology Institute (NMI).

Pursuant to the Law on Accreditation (Official Gazette of RS, No. 73/10), Serbia has a

legally established system of accreditation and the Accreditation Body of Serbia (ATS) as

the only national accreditation body. The accreditation system in Serbia includes, in addition

to the ATS accredited conformity assessment bodies (CABs), authorized and designated

CABs, accreditation rules and procedures.

The national system of accreditation in Serbia was peer evaluated by the regional

organization for accreditation (EA - European Cooperation for Accreditation), that led to

signing of the multilateral agreement (MLA) between ATS and EA in May 2012 for

accreditation of CABs performing testing, calibration, inspection and certification of products

and in 2014 for certification of persons and certification of management systems.

Furthermore, in October 2012 ATS signed IAF MLA (International Accreditation Forum)

and ILAC MRA (International Laboratory Accreditation Cooperation) and became an IAF

member and ILAC full member. This means that mutual trust and acceptance of reports and

certificates issued by Serbian accredited CABs (testing laboratories, medical laboratories,

calibration laboratories, inspection bodies and certification bodies performing certification of

products) has been achieved and that the Serbian accreditation system is regarded as

equivalent to those of all other signatories to EA MLA, IAF MLA and ILAC MRA.

The low level of industry competitiveness comes also from low level of quality and

compliance of products with relevant technical requirements, which disable companies to

participate in international product chains and markets. According to the findings of analysis

of QI system in Serbia, done within GIZ ACCESS project, the reasons are: insufficient

implementation of standards, lack of technical knowledge in companies, lack of industry

awareness about importance of fulfillment of requirements from international product and

management system standards, lack of testing facilities (for example: missing designated

CABs for implementation of new technical regulations, missing accredited labs used by

market surveillance authorities etc.) what causes that products are tested abroad (i.e. in the

region), which is time consuming and causes higher production costs in economically

difficult times. The level of consumers’ understanding of marks of conformity,

technical/safety requirements that products have to meet, and meaning of different labels and

marks put on the products is also poor.

In order to overcome these difficulties, it is crucial to increase awareness of enterprises and

industry about importance of fulfillment of technical requirements for ensuring safety and

quality of products on national market and their better competitiveness on the European

market. The project activities will raise industry awareness about importance of fulfillment of

technical requirements, by using products’ and processes’ standards for improvement of their

national and international competitiveness. This will be carried out by providing public

awareness activities to representatives of manufacturers, retailers, but also to the consumers,

to be able to understand and implement EU technical regulations at company level, it means

to meet the EU’s product and production requirements (CE marking and national mark of

conformity), aiming to better prepare them to benefit from future ACAAs.

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On the other side, it is very important to strengthen Serbian CA system, as one of the major

element of NQI and a basic tool of checking whether products, services, materials, processes,

systems and personnel measure up to the requirements of standards, regulations or other

specifications. From well-developed CA system, beside of manufactures, benefits also

exporters, service providers, consumers and regulators.

Furthermore, conformity to the EU standards creates confidence and facilitates access to

other markets. The main aim of developing harmonized conformity assessment (CA)

infrastructure on the EU level is to avoid duplication and overlapping in testing of products

which are prepared to be placed on the internal market. Certificates for products issued by a

conformity assessment body (CAB) accredited from national accreditation body

(Accreditation body of Serbia - ATS) recognized by European Cooperation for Accreditation

(EA)1 is a prerequisite for placement of products on the EU market. It means that a CA

system in a candidate country like Serbia has to be aligned and internationally recognized.

For this to be achieved, it is necessary to provide further support to DMDM and a number of

CABs, potential notified bodies in order to build their capacities to fully implement new

technical regulations, standards, test methods, extend the scope of their accreditation etc. This

project should enhance the CA system and capacities of providers of requested testing and

certification services in respect to industry needs (for example MD, LVD, MID, NAWI, PED,

PPE, CPD/CPR, ATEX and other directives).

It means, after intensive legislative activity in Serbia in the field of QI carried out from 2008

to 2012, which resulted with harmonized horizontal legislation and transposed New

Approach Directives for number of products, and remarkable results in institutional capacity

building in this area, it is important to continue with further capacity building, trainings and

other forms of support in order to achieve full harmonization and operability of the

established system, in line with the industry needs.

The focus has to be put on further improvement of compliance with EU requirements but also

on the enhancement of non-harmonized area. Alignment of technical regulations in non-

harmonized area should be implemented and number of technical regulations have to be

reviewed and/or changed (according to articles 34-36 of the Treaty on functioning of the EU

i.e. and Directive 98/34). This project will help MoE to coordinate process of overcoming

possible contradictions in national legislation in order to secure that technical regulations

justified on grounds of public morality, public policy or public security, the protection of

health and life of humans, animals or plants, shall not preclude prohibitions or restrictions on

imports or exports, as stipulated by Article 36 of the Treaty functioning of the EU.

MoE created Enquiry point which now acts also as notification point according to CEFTA

rules. When Serbia becomes a member of WTO, Sector for QI will be obliged to notify all

draft technical regulations and to inform foreign companies and institutions about Serbian

technical regulations in preparation phase, as well as domestic companies and institutions

about foreign technical regulations in preparation phase (function of notification).

Since all functions of existing Enquiry point are not fully operational, this project will

enhance capacities of Sector for QI to provide answers to enquiries of economic operators on

EU directives transposed in Serbia, relevant national legislation, relevant harmonized

1 EA's Mission: EA exists to coordinate and lead the European accreditation infrastructure to allow the results

of conformity assessment services in one country to be accepted by Regulators and the market place in another

country without further examination, for the benefit of the European community and the global economy."

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standards, classification of products concerning legal compliance (identification of relevant

product legislation), choosing the right CA procedure, etc.

Existing Enquiry Point in MoE will be a part of future System of Product Contact Points in

Serbia, according to EU Regulation 764/2008/EC, which has to provide EU companies with

information on relevant Serbian technical regulations. It is crucial for facilitation of free

movement of goods. Capacities of MoE to implement requirements of Regulation

764/2008/EC (in terms of Product Contact points) will be strengthened.

The project will focus on activities aimed at further strengthening of Serbian QI capacities

and implementation of the harmonized EU legislation covered by Chapter 1 - Free Movement

of Goods which is one of the largest and most important chapters.

There is a strong commitment in Serbia to progress in Free Movement of Goods and it is vital

that great efforts continue to be made, so that many of the mentioned Chapter 1 requirements

will be achieved by the support of this project. It will contribute to the efficiency and

internationally recognition of Serbian quality infrastructure system and thus raising the level

of the competitiveness of the Serbian economy.

3.2 Linked activities (other international and national initiatives):

Technical assistance to Quality Infrastructure Institutions in the Republic of Serbia

(from October 2008 to December 2010) (CARDS 2006). The overall objective of project was

to assist Republic of Serbia in meeting the requirements of the SAA in the area of free

movement of goods. The purpose of project was to assist Republic of Serbia with the

adoption of the policies and legislation harmonized with EU Acquis. Project had 4

components: 1. Assistance to the Ministry of economy (MoE), 2. Standardization – support to

the Institute for Standardization of Serbia (ISS), 3. Accreditation – support to the

Accreditation Body of Serbia (ATS) and 4. Metrology – support to the Directorate of

Measures and Precious Metals (DMDM).

Realized project activities:

First component comprised of following activities - assistance to internal reorganization of

Sector for QI in MoE, drafting of Law on Accreditation and performed training activities.

Within second component following activities were performed - development of document

management system (detailed technical specification and software) prepared ISS for full

implementation and certification of ISO 9001 and ISO/IEC 27001; ISS participated as an

observer in selected CEN/CENELEC Technical Committees and enhanced skills of ISS staff,

trough performed training activities.

Third component – Accreditation – implementation of corrective actions from the first pre

evaluation report which means that ATS was fully prepared to sign the EA MLA; in

cooperation with component 4. Metrology, a joint accreditation assessment was performed

(ATS + internationally recognized EU accreditation body - ESYD); prepared and performed

awareness raising campaign.

Fourth component – Metrology – design and implementation of long-term plan of inter-

laboratory comparison covering all physical and chemical quantities of relevance to DMDM

and its customers; 4 inter-laboratory comparisons were performed; DMDM was prepared for

two accreditations and enhanced skills of DMDM staff, through training activities.

Project Quality Infrastructure in the Western Balkans and Turkey (this project started in

the frame of CARDS 2006, and then was extended within MB IPA 2008 and MB IPA 2011)

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is focusing to facilitate harmonisation of legislative framework and implementing

mechanisms in field of free movement of goods. In addition, the Project enhanced trade

amongst CEFTA parties and between the beneficiaries of the project and EU with a view to

improving the competitiveness of the regional economy pre-accession. Following activities

was performed:

1. Independent expert assessments of progress in main QI fields;

2. Conducting regional proficiency testing exercises by inter-laboratory comparisons in

priority sectors;

3. Practical training courses in various QI fields;

4. Work of cooperation committee and other networking-building activities.

Some conclusions, in the almost seven years of regional project activities, after completion of

project within IPA 2008, are: Progress is evident throughout the region in all project sectors

but there is a still a lot to be done specifically in the fields of market surveillance (MS) and

CA. Moreover, awareness was raised on the new issues of QI and cooperation has started also

among the administrations of the countries involved in the project. The capacity and skills of

their staff was enhanced, and more participants than expected took part in the process. The

Single market as a real growth engine within the European economy remains a clear political

priority of the EU. The New Legislative Framework is one of the visible sign of this policy,

who emphases on reforms to accreditation and market surveillance within the EU. Improving

coordination systems, increasing political importance given to transposition of the Single

Market Directives, developing incentives for timely and correct transposition, correct

application and better enforcement of the single market legislation are considered crucial. At

regional level, this needs greater emphasis on ensuring transparency and smooth co-operation

between the ministry with most responsibility in this area (generally the ministry of economy

or equivalent) and those other ministries with responsibility for transposition and

implementing EU technical regulations. In the new economic strategy “Europe 2020”, the

European Commission reiterated as a key priority the further reduction of the transposition

deficit of Single Market Directives, the cornerstone of Chapter 1, which includes the QI

system. Candidate and potential countries preparing for accession to the EU must further

develop their administrative and technical capacities needed to support the implementation of

the Acquis in the QI fields and it is recommended that this should continue to be strongly

supported by the EC.

Development of National Strategy for Quality Infrastructure Project financed through

long-term GIZ ACCESS Private Sector Development Program (I phase which covered 3

years from 2011 to 2013 is finished and additional 3 years phase has been agreed), is

focusing on enhancement of the QI through enhancing policy making capacities of the MoE

related to the EU accession process and industry needs, and strengthening the services of QI

institutions for selected sectors.

First phase of the project comprised two components:

Component 1: Preparing long-term QI development document based on findings of overall

analysis of current situation (analysis of industry needs with regard to CA services („demand

side“), analysis of CABs capacities for implementation of the new technical legislation

(“provider side”); assessment of the NQI Institutions and analysis of functionality of a new

legal system of NQI).

Component 2: Benchmarking of NQI with EU countries - overview of QI in Europe –

institutional and legal framework; awareness raising activities; assistance to MoE in

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transposition of MID, NAWI and Pre-packages Directives and preparation for ACAA

negotiation process. It also includes technical support to the Serbian Metrology Institute

(DMDM), Serbian Accreditation Body (ATS) and Serbian Standard Institute (ISS).

Continuation of the GIZ ACCESS Program (second phase) for the period 2014-2016, was

approved by German Government in summer 2013 and finally agreed in beginning of 2014.

New Program will also have Component on Quality Infrastructure which will comprise

number of activities that will be aimed at implementation of main recommendation given by

NQI Strategy/Plan. Together with the assistance implemented by PTB-German Metrology

Institute and GIZ ACCESS, who will support Ministry, ATS, ISS and DMDM, during the

implementation of twinning project, it will be necessary to provide close cooperation between

two projects.

Second phase of the GIZ ACCESS project, is based on first phase project findings and as a

continuation of the first successfully implemented phase, will cover legislative activities in

harmonized and non-harmonized area such as revision of Serbian decree on notification of

national regulations beyond EU regulated area, review of legislation in non-harmonized area

in order to make analysis and recommendations for systematic plan on elimination of

contradictions with principles of free movement of goods, etc. It will also further

strengthened QI institutions, first of all support to ISS to become full CEN/CENELEC

member, better linked with industry/private – especially SME sector, to establish fully

operational training centre. Besides that, ACCESS will provide consultancy to industry

operators through clusters, BMOs, SME-portal, pilot companies, as well as to the selected

CABs to become more customer and market oriented. Part of ACCESS activities aimed at

support to ATS and DMDM will be provided by German Metrology Institute PTB, and it

includes: training for improving market surveillance of measuring instruments, transfer of

experience regarding authorization of bodies in charge of verification of measuring

instruments and surveillance on their work, training of ATS related to the accreditation of

CABs active in the regulated area where accreditation is intended to be used for the purpose

of notification for directives on PPE, ATEX, NAWI and MID.

To avoid overlapping with this Twinning fiche, detailed project contents defined within

Concept note include:

Component 1. Legislation framework in QI: (in the view of EU-screening process of Serbian

legislation)

1.1 Legislation framework QI – non-harmonized area: (GIZ)

systematic analysis and procedures to remove “barriers to trade” with free movements of

goods in line with Article 34-36 TFEU, related to 98/34 regulation in the non-harmonized

area. (Accordingly Action plan and partial implementation shall be conducted within IPA

2013 twinning project);

1.2 Legislation framework QI - harmonized area: (GIZ)

revision and redrafting of Serbian decree on notification and designation (national regulation

beyond regulated area). Unified procedures for designation/notification (EU accession

process chapter 1) and analysis of product technical legislation revised after the adoption of

New package of goods 2008 - To accelerate the process of bringing product harmonisation

legislation in line with the reference provisions of Decision 768 the Commission adopted an

“Alignment Package”.

Support should lead to recommendations of amendments on existing Serbian rulebooks,

review of horizontal legislation and implementing by-laws and suggestions for potential

amendments.

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Component 2. Institutional strengthening

2.1. Support to ISS (GIZ) towards ISS is CEN/CENELEC membership, likening with

industry/private sector, events and increased operation of ISS training centre operates,

additional lecturers, coaching of presenters, work package to be agreed with ISS and

Standardization expert;

2.2. Support to ATS (PTB, except organic sector, GIZ). The following activities are related to

the accreditation of CABs active in the regulated area where accreditation is intended to be

used for the purpose of notification. A combination of theoretical training, observation of first

assessments performed by experienced assessors from abroad, joint assessments and

assessments performed by ATS assessors observed by experienced assessors from abroad,

which has successfully been introduced in the last project period for selected New Approach

directives, will be performed at least for the following directives on Personal Protective

Equipment (PPE), Equipment and Protective Systems intended for use in potentially

explosive Atmospheres (ATEX).

Support to new and existing accreditation services shall be provided in the following

international standards: ISO/IEC 17024, ISO/IEC 17043, ISO/IEC 17020, ISO/IEC 17065,

ISO 15189, ISO/IEC 17025, ISO/IEC 17021, and more details shall be agreed upon after

further discussions between both sides. For activities requiring the identification of certain

participants or beneficiaries in case of pilot projects joint decisions based on transparent

criteria shall be taken.

2.3 Support to DMDM and MoE: (PTB) - According to the preliminary planning, activities

are planned for the implementation of directives, improving traceability capabilities in new

areas of measurement, market surveillance and verification etc.

Component 3. Awareness/Consulting/Training

Trainings for selected labs are customer and market oriented (GIZ);

Five designated CABs (remaining technical long term support, prepared for

Notification) (GIZ);

CABs (preferably LABs association) established - member in EU counterparts (in

cooperation with Chamber or legal entity of association itself) (GIZ, or GIZ+PTB);

Consultancy to the industry (through clusters, BMOs, SME-portal, pilot companies)

(GIZ);

Awareness campaign for implementation of directives such as MID, NAWI, etc.

(publications-guidelines for directives plus road-show, outline of adopted Strategic

paper, etc.) (PTB);

Awareness campaign for implementation of directives such as ATEX (publications-

guidelines for directives plus road-show outline of adopted Strategic paper, etc.)

(PTB);

Notifying Authority prepared (GIZ);

One lab expands scopes/services based on demand (GIZ);

One lab for product-certification in EE delivers services (GIZ);

Advisory platform established (GIZ).

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More details shall be agreed upon further discussions between both sides. For activities

requiring the identification of certain participants or beneficiaries in case of pilot projects

joint decisions based on transparent criteria shall be taken.

Strengthening of the Serbian system of Market Surveillance for non-food and food

products (IPA 2010) - the purpose of this multi stakeholder’s project (started on 16 July

2012) is to contribute to the market surveillance system (MSs) in Serbia to be able to

effectively and efficiently perform its tasks and responsibilities under the new legislation for

product and food safety, and to protect against products that pose serious threats to health,

safety and the environment. Expected results of project are: enhancing the technical capacity

of beneficiaries to implement new rules and regulations for product safety in Serbia, aligned

with EU Acquis; facilitating and managing change in strategy development of MS authorities

and improving cooperation as well as coordination; facilitating and managing change in the

operational field by enhancing the market inspectors’ (practical, general, legal, risk

assessment, inspection skills, etc.) understanding of legal and theoretical aspects of the new

regulations. In regard to QI, to achieve above mentioned results, it is plan to perform

following project activities:

- Activity 1.1: Capacity-building of Ministry staff on transposed EU directives and

regulations and training of market inspectors for implementation Serbian rulebooks

for LVD, EMC, MD, what will support preparation for future ACAA agreement.

- Activity 1.2: Transposition of EU directives - transposition of “Old Approach”

directives covering textile, footwear and crystal-glass.

- Activity 2.2: Development and partly implementation of MIS (Management

information system) as an instrument for improvement of daily market inspection

activities and cooperation with policy and decisions makers.

In the field of quality infrastructure till November 2013 following results were achieved by

IPA10 MS project:

1) Project experts helped the MoE to transpose Textile and Footwear directives through

seminars and consultancy within the work of Ministry’s working groups. Ministry prepared

draft Serbian rulebooks on textile and on footwear. Public debate is finished and the process

of obtaining an opinion from the relevant institutions is ongoing. After that they will be sent

on Government for adoption.

Regarding the Directive on Crystal glass, one seminar was held within the MS project and the

plan is, according to the NPAA, to work on transposition of this directive in 2014.

2) Representatives of MoE took part in training activities on implementation of LVD, EMC

and MD Directives, through explanation of the relevant Serbian rulebooks to the market

surveillance inspectors and through answering to the most frequent questions from practice.

As there are several donors co-operating with the BI, it is of great importance to liaise with

them on a regular basis in order to avoid duplication of activities or even contradictory

activities. Overall donor coordination of EU and bilateral support in the area of QI is carried

out by Unit of the Sector for QI, MoE, relying on national structures for development and

implementation of assistance, with significant role of SEIO, IPA unit of the Ministry of

economy and CFCU. In this way special attention is given to the indentification of priorities

in this area, respecting the principles of no-overlaping, in the frames defined by national and

European program documents such as CSP, NAD, MCSP, NPAA etc.

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3.3 Results:

The results of this project should contribute to the achievement of the following higher level

objectives:

At sector objective level indicator:

Serbia’s ranking in the Global Competitiveness Report improved for at least 5 places

At sector support objective indicator:

Export of goods and services (% GDP)

Result 1. Improved enforcement of technical legislation by further harmonization with EU

product legislation

Indicators:

At least 3 EU Directives from the Chapter 1 – Free Movement of Goods, in line with

the NPAA, transposed (rulebooks drafted and adopted by relevant ministries);

Technical regulation on Pre-packed products, out of the scope of PP Directive, drafted

and adopted by the minister of economy;

Action plan for non-harmonized area prepared and approved by the MoE and other

relevant stakeholders;

First phase of the Action plan for non-harmonized area implemented;

Number of national technical regulations from non-harmonized area repealed or

aligned with Article 36 of the Treaty.

Result 2. Improved capacities of Sector for QI for providing services/assistance to industry

Indicators:

Situation analysis on current Enquiry point database and recommendations for their

improvement developed;

Procedure and guidelines for functioning of Enquiry point developed and approved by

MoE;

Procedures and guidelines for establishment and functioning of Network of Product

Contact Points (PCPs network) developed and approved by MoE.

Result 3. Strengthened capacities of QI institutions (DMDM, ATS and CABs) for

implementation of technical regulations and standards

Indicators:

At least 3 new accreditation schemes and/or procedures developed for the purpose of

designation of CABs;

At least 4 CABs and DMDM trained for the purpose of extension their scope of

accreditation and designation for performing CA according to European standards;

At least 4 accredited CABs in accordance with new accreditation schemes and

procedures for accreditation (except for ATEX, PPE or other regulation covered by

similar projects);

10% increased annual number of market surveillance controls of measuring

instruments;

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At least 7 new product groups covered with testing/certification capacities in Serbia;

Number of established official contacts/networking with European laboratories or

notified bodies.

Result 4. Public awareness regarding the importance of EU technical regulation improved

Indicators:

At least 7 info sessions conducted;

Number of participants (industry representatives) on info sessions;

At least 3 promotional TV broadcasts campaign conducted;

Number of publications disseminated.

3.4 Activities:

The below activities are the minimum indicative requirements to achieve the above results.

The MS will take these into account when developing its own methodology and complement

them with its own and other relevant best practice experience and examples so that the above

results can be sustainably achieved.

Activities related to the Result 1:

1.1. Assistance to the MoE with drafting revised legislation to ensure full harmonization and

compliance with EU acquis in the field of metrology and pre-packed products, transposition

of EU directives and preparation of manuals for their implementation;

1.2. Assistance to the MoE for preparation of Action plan for non-harmonized area;

1.3. Revision of legislation in non-harmonized area in accordance with Article 36 of the

Treaty functioning of the EU, based on adopted Action plan;

1.4. Trainings and consultancy for raising capacities of MoE for full enforcement of the

Regulation 764/2008/EC and implementation of principles of Directive 98/34/EC.

Activities related to the Result 2:

2.1. Preparation of situation analysis of current Enquiry point database and recommendations

for upgrade of existing software;

2.2. Preparation of recommendations for improvement the Enquiry point within Sector for

QI;

2.3. Trainings and consultancy for strengthening capacities of Sector for QI to provide

answers to enquiries of economic operators on EU directives transposed in Serbia;

2.4. Development of plan for establishing the Network of Product Contact Points (PCPs

Network) and proposal for comprehensive database for exchange of information between

creators and implementers of technical regulations. Additionally, it will be necessary to

prepare needed manuals for functioning of PCPs Network with operational procedures.

Activities related to the Result 3:

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3.1. Trainings and consultancy to DMDM for implementation of MID, NAWI and

Prepackages, extension of the accreditation scope, improvement of existing Serbian

measurement standards, obtaining new calibration and measuring capabilities;

3.2. Trainings to designated CABs potential notified bodies, building their capacities to

implement new technical regulations;

3.3. Establishment of official contacts/networking with European notified bodies;

3.4. Support to ATS in development of new accreditation schemes and procedures for the

purpose of designation of CABs;

3.5. Trainings of the ATS staff and assessors on EC legislation and on how to conduct

assessments on notified bodies relevant to the EC Legislation and EN standards.

Activities related to the Result 4:

4.1. Organization of TV broadcast campaign targeted to manufacturers, retailers and

consumers on new approach, technical harmonization and CE and other markings;

4.2. Organization of info sessions targeted to industry on importance of fulfillment of

technical requirements and implementation of product/process standards for their national

and international competitiveness (such as products covered by textile, footwear, LIFTS,

RTTE, etc.);

4.3 Preparation and dissemination of publications on further priority areas: selected EU New

Approach Directives; conformity assessment modules/procedures and conformity marks; EC

Declaration of Conformity and CE marking, national marking requirements; Use of

harmonized standards and explanation of requirement from standards.

At least two major visibility events will be organized in the course of the implementation of

the project: Kick-off meeting at the start of the implementation and the Final meeting at the

end of the implementation of the project activities.

3.5 Means/Input from the MS Partner Administration:

3.5.1 Profile and tasks of the Project Leader

The MS Project Leader will manage the project team of selected member state(s) and co-

ordinate the implementation of activities.

PL tasks:

Overall management and coordination of the project with MS, NQI, other partners

and stakeholders;

Project reporting;

Ensuring backstopping and financial management of the project in the MS;

Ensuring timely, effective and efficient implementation of the project and

achievement of results, through proposed activities;

Coordination of deployment of short-term experts;

Coordination with RTA, from the Member State side, the Project Steering Committee

meetings, which will be held in Serbia every three months;

Participation at the Project Steering Committee meetings (every three months);

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Assuring compatibility with EU requirements.

PL profile:

Requirements:

University degree in a relevant discipline (e.g. engineering, law, economic,

management);

High-ranking civil official with ability to call on short term experts in support of the

efficient project implementation;

At least 10 years of professional experience in Administration of selected MS;

At least 5 years in the field of EU legislation, especially free movement of goods;

Project management experience;

Working knowledge of English language;

Computer literacy.

Assets:

Experience with twinning rules and procedures;

Experience of current EU and WTO policies relating to the quality infrastructure.

3.5.2 Profile and tasks of the RTA

The Resident Twinning Advisor (RTA) works on a daily basis with the BC staff to

implement project, support and coordinate activities in the beneficiary country.

RTA must have broad/general knowledge in the field of free movement of goods/quality

infrastructure, which will enable him/her to organize interdisciplinary team for successful

implementation of the project. The duration of his/her secondment will last 20 consecutive

months.

RTA tasks:

Responsible for monitoring project implementation and proposing corrective

management actions if required;

Support and coordination of all project activities in BC in line with the agreed work

programme to enable timely completion of project results and delivery of the outputs;

Advise on related EU policies and best practices, legislation and regulation;

Establish and maintain cooperation with all beneficiaries involved in the

implementation of the project and other related projects (ensuring the avoidance of

overlapping), in close co-ordination with the Project Leader;

Nomination, mobilization and supervision of the short-term experts, together with the

Project Leader;

Facilitation of the contacts with peer institutions in EU member states in order to

stimulate a proper exchange of information and data;

Organization of visibility events (kick-off and final event);

Responsible for organization of the Project Steering Committee meetings and

reporting on the project progress;

Identifying and reporting to the Contracting authority, at early stage, all difficulties

that may jeopardize the implementation of the project and the achievement of its

results

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RTA profile:

Requirements:

University degree in a relevant discipline (e.g. engineering, law, economics,

management);

At least 3 years of working experience in governmental competent authority (Ministry

or Agency) in an EU Member State responsible for Quality Infrastructure;

Experience in the EU policies dealing with free movement of goods;

Experience in development of major strategic documents and/or legal frameworks;

Proven contractual relation to public administration or mandated body, as defined

under twinning manual 5.4.5;

Project management experience;

Computer literacy;

Working knowledge of English language;

Assets:

Experience as team leader/RTA/key expert of at least one EU funded project,

preferably in the field of quality infrastructure;

Experience of current EU and WTO policies relating to the QI.

3.5.3 Profile and tasks of the short-term experts (STE)

The twinning partners will decide on the profile, number and involvement of short term

experts during the drafting of the project work plan. There should be a pool of short term

experts to ensure smooth implementation of the project during the overall implementation

period. STEs should be identified by the Project Leader/RTA and have to be agreed with the

beneficiary administration in the course of designing and delivery of the project. Team of

short-term experts should be mobilized according to agreed work plan.

Short-term experts’ tasks:

Pool of short-term experts should be comprised of the experts from the following areas:

Legal approximation;

EU and WTO rules and policy;

Private sector development.

Short-term experts profile:

Requirements:

University degree in a relevant discipline (e.g. law, economics, management,

engineering);

At least 3 years of professional experience in the field of the following indicative

areas:

- Legal expertise in the various fields related to free movement of goods;

- Technical expertise specialized for different product groups;

- Technical expertise in metrology and accreditation;

- Economic expertise – marketing and preparation of broadcast TV shows;

- Expertise in development of the seminars and trainings, providing capacity

building of CABs;

Experience in development of major strategic documents and/or legal frameworks;

Experience in organizing and providing training;

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Experience with twinning rules and procedures;

Proven contractual relation to public administration or mandated body, as defined

under twinning manual 5.4.5;

Computer literacy;

Working knowledge of English language.

3.5.4 Project assistant for the RTA

The RTA should be assisted by a full time project assistant for providing translation and

interpretation services on a daily basis and for performing general project duties. The costs of

the RTA assistant are funded by the Twinning contract and this has to be indicated in the

Twinning work plan and the corresponding estimated costs must be included in the project

budget.

RTA assistant must not have had, at least during the 6 months preceding their recruitment,

any contractual relation with the beneficiary administration.

The scope of the work and required qualifications of the project assistant for the RTA will be

defined in Inception phase.

4. Institutional Framework

The free movement of goods/quality infrastructure system of Serbia is overseen by the

Ministry of Economy (MoE) which acts as a coordinator in this field (Chapter 1 of EU

Acquis). The MoE is responsible for all horizontal issues in the field of standardization,

accreditation, metrology, technical regulations of conformity assessment. Its coordination

role, in the field of technical regulations and quality infrastructure (standardization,

accreditation, metrology and conformity assessment) arises from the Law on Ministries.

In accordance with the Law on Technical Requirements for Products and Conformity

Assessment (LTRPCA – Official Gazette of RS, No. 36/09), an approach regarding

preparation and adoption of technical regulations has been decentralized. This Law (Article 6,

paragraph 1) stipulates that each ministry, within its competence, is responsible for

promulgating technical regulations, which is in accordance with the Law on Ministries that

specifies that ministries within their competence perform public administration activities

referring to the preparation, adoption, and proposal of technical regulations. However, the

Ministry of economy, in line with Article 2 of LTRPCA, carries out specific activities in a

centralized manner (provisions of the LTRPCA governing the notification of the designated

or authorized bodies for conformity assessment, keeping the registers referring to technical

regulations and notification of draft technical regulations).

In order to perform activities relating to technical regulation and strategy in the field of free

movement of goods, more efficiently, i.e. to coordinate all activities in the field of

standardization, technical regulations, accreditation, metrology, Sector for Quality

Infrastructure was established at the Ministry in charge of economy in middle of 2008. The

Sector currently has 22 employees, with the following organizational structure:

- Section responsible for the creation and implementation of the development strategy and

policy of standardization, accreditation and metrology, and for the preparation and

implementation of technical regulations for industrial products covered by the scope of the

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Ministry. This Section has got 4 Groups: Group for Standardization and Accreditation, Group

for Metrology, Group for Technical Regulations and Group for Conformity Assessment.

- Section acting as the Enquiry point for technical regulations and conformity assessment

procedures, and for notification of draft technical regulations towards the WTO and EC, as

well as a single-point for notification of the designated/authorized bodies for the conformity

assessment. This unit is also responsible for the preparation and monitoring of development

aid projects in the field of quality infrastructure and for the coordination of activities in the

negotiation Chapter on free movement of goods.

It shows that the Ministry of Economy, in the past few years gradually increased its capacity,

but in some ministries there is still insufficient number of competent experts who would

perform only activities related to the technical legislation for products. In a few ministries

there are organizational units responsible for enacting technical requirements and their

conformity with EU directives, and in certain ministries there are no employees who would

be solely responsible for such issues.

There are functioning bodies responsible for metrology, accreditation and standardization.

The Directorate of Measures and Precious Metals (DMDM) was established in 2007, as an

authority within the MoE, which continued carrying out all activities of the former Bureau for

Measures and Precious Metals, organization with an over 130-years long tradition.

Nowadays, DMDM is in charge of legal, industrial and scientific metrology as an authority

within the ministry competent for metrology and it acts as the National Metrology Institute

(NMI). Metrology system in the Republic of Serbia has been established in accordance with

international and EU trends, and it consists of the following subjects: The Ministry

responsible for metrology activities which is Ministry of economy; Directorate of Measures

and Precious Metals (DMDM); Metrology Council; designated conformity assessment

bodies, authorized bodies for measuring instruments verification and accredited calibration

laboratories. The DMDM headquarters is located in Belgrade, but it also possesses facilities

where Control and Surveillance Sections mainly carry out their activities, and these are

located in Subotica, Novi Sad, Zrenjanin, Krusevac and Nis. The total number of employees

in the DMDM is 112.

Pursuant to the Law on Accreditation, Serbia has a legally established system of accreditation

and the Accreditation Body of Serbia (ATS) as the only national accreditation body. The

accreditation system in Serbia includes, in addition to the ATS accredited conformity

assessment bodies (CABs), authorized and designated CABs, accreditation rules and

procedures. The accreditation system is in full compliance with the requirements of

Regulation (EC) 765/2008 which was verified by the European cooperation for Accreditation

EA that led to signing of a multilateral agreement on recognition (MLA) between of ATS and

the EA in May 2012. ATS has a total of 36 employees.

Pursuant to the Law on Standardization (Official Gazette of RS, No. 36/09), Institute for

Standardization of Serbia (ISS) has a public institution status operating in accordance with

regulations laying down the legal status of public services to perform adoption, publication,

review and withdraw of Serbian standards and related documents, as well as other activities

related to standards and standardization. ISS strategic goal to complete the harmonization of

80% of all EU standards was achieved by the end of 2012. After that ISS continues with

efforts to meet all other conditions (i.e. fulfillment of legislative, organizational, technical and

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technological requirements) necessary for obtaining full-member status in CEN and

CENELEC. ISS has been a full member of the International Organization for Standardization

(ISO) since 1950 and a full member of the International Electrotechnical Commission (IEC)

since 1953. Furthermore, ISS acts as a Codex Contact Point for Serbia, in the framework of

cooperation with Codex Alimentarius Commission. Total number of ISS’s staff is 66.

There is a large number of testing laboratories, calibration laboratories, medical laboratories,

certification and inspection bodies, many of which are accredited (more than 500), but only a

few of them are designated by authorities according to the requirement from the harmonized

legislation. Competent ministries, within their respective scope of work, are responsible for

issuing authorizations (Old Approach) and designation (New Approach) of conformity

assessment bodies. The Ministry of economy is responsible for notification of designated

conformity assessment bodies. A total number of designated conformity assessment bodies in

Serbia amounted 27 (according to the register kept by the Ministry of economy).

The results of the project will not affect a change of the institutional framework as described.

Updated details on institutional framework and state of the art in the area of QI can be

found on: www.tehnis.privreda.gov.rs

The Project Steering Committee (PSC) will be established for the direct control and

supervision of the project implementation. The PSC will be responsible for the overall quality

of project implementation and provide strategic direction. PSC will ensure that the project

outputs and goals are met in time, approve work plans and reports, offer guidance and advise

on project activities. PSC will: provide guidance and decide on all strategic issues related to

the project, provide opinions and recommendations upon request by the Project Leader,

ensure overall coordination of the project, discuss and approve the main outputs of the

project, ensure access to the necessary information.

The PSC will encompass the Project Leader, RTA as well as their respective BC

counterparts, representative of the Department for Contracting and Financing of EU Funded

Programmes (CFCU), Ministry of Finance, representatives of the Serbian European

Integration Office (SEIO) and the representatives of other key partners from other QI

institutions. The exact composition of the steering committee will be determined in the

Twinning contract. Whenever necessary, representatives of other institutions, donors or key

experts should be invited to join the steering committee meetings as observers.

The PSC will meet every three months and ad hoc as required will be chaired by the BC

Project Leader. The draft quarterly reports will be discussed at the PSC before their

submission.

5. Budget

The maximum budget allocated to this Twinning project is 1 Million EUR.

Strengthening capacities of National

Quality Infrastructure (NQI) and

conformity assessment (CA) services in

the Republic of Serbia

IPA

Community

Contribution

National Co-

financing TOTAL

Twinning Contract 900,000 € 100,000 € 1,000,000 €

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The co-financing requirement foreseen under IPA will be considered fulfilled according to

the provision of the relevant Financing Agreement.

The Ministry of Economy as a main Beneficiary will provide the twinning partner with

adequate office space for RTA and experts, meeting rooms and equipment necessary for

relevant everyday activities and training foreseen in twinning fiche.

Interpretation and translation costs for training, documentations and project activities will be

up to 6% of the budget and will be financed from the budget.

6. Implementation Arrangements

6.1 Implementing Agency responsible for tendering, contracting and accounting

Ministry of Finance

Department for Contracting and Financing of EU Funded Programmes (CFCU)

3-5 Sremska Street

SRB - 11000 Belgrade

Ms. Nataša Šimšić, Programme Authorising Officer (PAO)/Head of CFCU

Phone: + 381 11 2021 389

Mr Darko Vasić, Quality Control Office

Phone: +381 11 2021 412

E-mail: [email protected]

6.2 Main counterpart in the BC:

Ministry of Economy

20 Kneza Milosa Street

SRB – 11000 Belgrade

Senior Programme Officer (SPO)

Ms. Katarina Obradović Jovanović, Head of Division for Development of Small and

Medium-Sized Enterprises and Entrepreneurship

Ministry of Economy, Sector for Development of Entrepreneurship and Competitiveness

20 Kneza Miloša Street

11000 Belgrade

Phone: +381 11 3642 735

E-mail: [email protected]

BC Project leader: Ms. Jelena Popović, Assistant Minister

Ministry of Economy, Sector for Quality Infrastructure

24 Resavska Street

11000 Belgrade

Phone: +381 11 33 43 363

E-mail: [email protected]

Web: www.tehnis.privreda.gov.rs

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RTA Counterpart

Mr. Miodrag Dugandžija, Head of Division for registers, projects and cooperation with

international organizations

Ministry of Economy, Sector for Quality Infrastructure

24 Resavska Street

11000 Belgrade

Phone: +381 11 3343 368

E-mail: [email protected]

Web: www.tehnis.privreda.gov.rs 6.3 Contracts

The project will be implemented through one twinning contract.

7. Implementation Schedule (indicative)

7.1 Launching of the call for proposals: Fourth quarter of 2014

7.2 Start of project activities: Third quarter of 2015

7.3 Project completion: 21 months

7.4 Duration of the execution period: 21 months + 3 months

The execution period of the contract (legal duration) shall enter into force upon the date of

notification by the Contracting Authority of the contract signed by all parties.

8. Sustainability

Sustainability will be provided through the transfer of expertise in all needed specific areas to

local counterparts. The project is designed according to the needs and abilities of the BI,

which should be re-checked during the contracting phase. The recommendations and lessons

learnt from previous projects should be taken into account.

Direct practical benefit from the project inputs for the actual tasks and work processes of the

BI should ensure sustainability. Therefore it is important that a large part of BI staff

participates in project activities or is familiarized with their outcome. It is recommended to

promote the project actively within the BI and encourage participation.

The system for certification and testing needs to be truly open and transparent to have mutual

recognition and confidence by all major interested parties and applied in a uniform way

through the EU and candidate countries. This project will strengthen the system of

accreditation which is known to be the best way to achieve mutual recognition and technical

trust between all actors. Procedures developed by ATS for accreditation of CABs for the

purpose of notification for a number of directives will be implemented after the project has

been finished. Know-how and methodology for the development of such procedures can be

used for other new approach directives.

Capabilities of DMDM and selected CABs will enable introduction of new services that will

serve to enterprises after the project is finalized. Efficient and sustainable capacity of Serbia’s

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quality infrastructure to carry out conformity assessment activities and promote introduction

of technical standards among industry will be developed.

Know-how and all material related to industry awareness activities and promotion activities

will be transferred to employees of MoE and other QI institutions in order to be able to

perform those activities regularly after project completion.

In terms of multiplier effects, many other negotiating Chapters of the Acquis require reliable

quality infrastructure, not only free movement of goods but also regional development,

agriculture, environment, food safety, consumer protection, customs, etc. The prospect of

becoming an EU Member State requires the capacity to measure, test and inspect with a view

of enforcing legislation in all these areas.

The establishment of an informal working group encompassing other donors active within the

scope of the project is encouraged.

Sustainability issues should be a standard item on the agenda of every meeting of the project

steering committee. This includes a checking of the effectiveness of mechanisms installed by

the BI to disseminate and consolidate the results of the project among its own staff and

external stakeholders.

9. Crosscutting issues

Cross-cutting issues will be addressed in the project so as to comply with the best EU

standards and practice in that area and in a way which demonstrates how they will be dealt

with within the project’s framework, its activities and outputs.

Equal Opportunity

The project will be implemented in a way which provides equal opportunities for

participation for those within the Ministry of Economy, Quality Infrastructure institutions and

those in other participating Line Ministries. No discrimination will be made on the basis of

gender and activities such as training will be organized in a way which makes them

accessible for both men and women. The number of men and women participating in training

events will be monitored during the project and this information will be used to identify any

potential discrimination. Principle of gender equality will be implemented in all project

activities. The project will result in procedures and measures that will implement this

principle.

Environment

Since the project supports implementation of technical requirements and product standards, it

will make sure that all procedures for its use will be implemented in a way which is as

environmentally friendly as possible. To protect the environment and save natural resources,

this Twinning project should in principle be based on a paperless work environment. This

means, in particular, minimizing paper use during project implementation through: use of e-

mails, establishing a project website and electronic project databases.

Minorities

The project will be implemented in a way which does not discriminate against any individual

on the grounds of their gender, ethnic origin, race or religion. Training will be organized in a

way which makes events accessible for all potential participants. Information on the

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individuals receiving support under the project will be monitored during the project and this

information will be used to identify any potential discrimination.

Civil Society/Stakeholders involvement

Support under this project will concentrate on building capacity of various interested parties,

including main QI institutions, CABs, industry and consumer organizations, with the aim to

improve the understanding of importance of technical regulation and product standards

implementation for the economy of the country and for the society, particularly regarding

consumer protection and potential threat of unsafe products.

Based on the principle of equality, participation in the project will be guaranteed on the basis

of equal opportunity and without discrimination. This will be included in the Twinning

contract as a joint responsibility of the MS partner and the BI.

10. Conditionality and sequencing

No preconditions need to be satisfied prior to the start of this project.

ANNEXES TO PROJECT FICHE

1. Logical framework matrix in standard format

2. List of relevant Laws and Regulations

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ANNEX I Logical framework matrix

Title: „Strengthening capacities of National Quality Infrastructure (NQI) and

conformity assessment (CA) services in the Republic of Serbia”

Program name and number:

IPA 2013 National Programme/Component I

Total budget:

1.000.000 EUR

IPA budget: 900.000 EUR

National co-financing: 100.000 EUR

Contracting period expires 3 years after the

signature of the Financing Agreement

Disbursement period expires 6 years after the

signature of the Financing Agreement

OVERALL

OBJECTIVE

Objectively verifiable

indicators

Sources

of verification

Overall objective of this project is to

increase the competitiveness of Serbian

enterprises and industry in the EU

market.

• Serbia’s ranking in the Global

Competitiveness Report improved for at

least 5 places

Statistical Publications (Statistical Yearbook)

EC Progress Reports

SPECIFIC PROJECT

PURPOSE

Objectively verifiable

indicators

Sources

of verification Assumptions

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Project purpose is to improve level of

recognition of Serbian National Quality

Infrastructure (NQI) system through

strengthening capacities of authorities

in charge of quality infrastructure (QI)

and providers of conformity assessment

(CA) services.

• Export of goods and services (%

GDP)

Project Reports

EC Progress Reports

NPAA Progress Report

Ministry Reports

RESULTS Objectively verifiable

indicators

Sources

of verification Assumptions

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Result 1. Improved enforcement of

technical legislation by further

harmonization with EU product

legislation

- At least 3 EU Directives from the

Chapter 1 – Free Movement of

Goods, in line with the NPAA,

transposed (rulebooks drafted and

adopted by relevant ministries);

- Technical regulation on Pre-

packed products, out of the scope

of PP Directive, drafted and

adopted by the minister of

economy;

- Action plan for non-harmonized

area prepared and approved by the

MoE and other relevant

stakeholders;

- First phase of the Action plan for

non-harmonized area

implemented;

- Number of national technical

regulations from non-harmonized

area repealed or aligned with

Article 36 of the Treaty.

Official Gazette of the Republic of Serbia

NPAA Progress Report

Project reports

Ministry reports

www.tehnis.privreda.gov.rs (official web page

of Serbian Quality Infrastructure system)

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Result 2. Improved capacities of Sector

for QI for providing services/assistance

to industry

- Situation analysis on current

Enquiry point database and

recommendations for their

improvement developed;

- Procedure and guidelines for

functioning of Enquiry point

developed and approved by MoE;

- Procedures and guidelines for

establishment and functioning of

Network of Product Contact Points

(PCPs network) developed and

approved by MoE.

Ministry reports

www.tehnis.privreda.gov.rs (official web page

of Serbian Quality Infrastructure system)

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Result 3. Strengthened capacities of QI

institutions (DMDM, ATS and CABs)

for implementation of technical

regulations and standards

- At least 3 new accreditation

schemes and/or procedures

developed for the purpose of

designation of CABs;

- At least 4 CABs and DMDM

trained for the purpose of

extension their scope of

accreditation and designation for

performing CA according to

European standards;

- At least 4 accredited CABs in

accordance with new

accreditation schemes and

procedures for accreditation

(except for ATEX, PPE or other

regulation covered by similar

projects);

- 10% increased annual number of

market surveillance controls of

measuring instruments;

- At least 7 new product groups

covered with testing/certification

capacities in Serbia;

- Number of established official

contacts/networking with

European laboratories or notified

bodies.

Project reports

Ministry reports

www.ats.rs

(official web page of Accreditation body of

Serbia)

www.dmdm.rs

(official web page of Directorate of Measures

and Precious Metals)

Commitment of all relevant QI institutions

Readiness of CABs to cooperate

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Result 4. Public awareness regarding

the importance of EU technical

regulation improved

- At least 7 info sessions

conducted;

- Number of participants (industry

representatives) on info sessions;

- At least 3 promotional TV

broadcasts campaign conducted;

- Number of publications

disseminated.

Project reports

Ministry reports

www.tehnis.privreda.gov.rs (official web page

of Serbian Quality Infrastructure system)

National TV station/TV stations covering

majority of Serbian territory

Readiness of National TV station to

cooperate

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ACTIVITIES Means and costs Sources

of verification Assumptions

Activities related to the Result 1:

1.1. Assistance to the MoE with

drafting revised legislation to ensure

full harmonization and compliance

with EU acquis in the field of

metrology and pre-packed products,

transposition of EU directives and

preparation of manuals for their

implementation;

1.2. Assistance to the MoE for

preparation of Action plan for non-

harmonized area;

1.3. Revision of legislation in non-

harmonized area in accordance with

Article 36 of the Treaty functioning of

the EU, based on adopted Action plan;

1.4. Trainings and consultancy for raising

capacities of MoE for full enforcement of

the Regulation 764/2008/EC and

implementation of principles of Directive

98/34/EC.

- Twinning project leader

- Resident twinning adviser

- Experts from relevant member

state institutions (short and

medium term)

- Language/ Project assistant for

the RTA

- Workshops, seminars, study tours

- Indicative budget : 1M€

- IPA Contribution: 0.9M€

- National Contribution: 0.1M€

Project reports

Ministry reports

www.tehnis.privreda.gov.rs (official web page of

Serbian Quality Infrastructure system)

National TV station/TV stations covering

majority of Serbian territory

Availability of EU experts in the required field

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Activities related to the Result 2:

2.1. Preparation of situation analysis of

current Enquiry point database and

recommendations for upgrade of

existing software;

2.2. Preparation of recommendations for

improvement the Enquiry point within

Sector for QI;

2.3. Trainings and consultancy for

strengthening capacities of Sector for QI

to provide answers to enquiries of

economic operators on EU directives

transposed in Serbia;

2.4. Development of plan for

establishing the Network of Product

Contact Points (PCPs Network) and

proposal for comprehensive database for

exchange of information between

creators and implementers of technical

regulations. Additionally, it will be

necessary to prepare needed manuals for

functioning of PCPs Network with

operational procedures.

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Activities related to the Result 3:

3.1. Trainings and consultancy to

DMDM for implementation of MID,

NAWI and Prepackages, extension of

the accreditation scope, improvement of

existing Serbian measurement standards,

obtaining new calibration and measuring

capabilities;

3.2. Trainings to designated CABs

potential notified bodies, building their

capacities to implement new technical

regulations;

3.3. Establishment of official

contacts/networking with European

notified bodies;

3.4. Support to ATS in development of

new accreditation schemes and

procedures for the purpose of

designation of CABs;

3.5. Trainings of the ATS staff and

assessors on EC legislation and on how to

conduct assessments on notified bodies

relevant to the EC Legislation and EN

standards.

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Activities related to the Result 4:

4.1. Organization of TV broadcast

campaign targeted to manufacturers,

retailers and consumers on new approach,

technical harmonization and CE and other

markings;

4.2. Organization of info sessions targeted

to industry on importance of fulfillment of

technical requirements and implementation

of product/process standards for their

national and international competitiveness

(such as products covered by textile,

footwear, LIFTS, RTTE, etc.);

4.3. Preparation and dissemination of

publications on further priority areas:

selected EU New Approach Directives;

conformity assessment

modules/procedures and conformity

marks; EC Declaration of Conformity and

CE marking, national marking

requirements; Use of harmonized standards

and explanation of requirement from

standards.

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ANNEX II a

Horizontal legal framework for quality infrastructure in the Republic of Serbia was

established by passing four framework laws in the areas of technical requirements for

products and conformity assessment, standardization, metrology, accreditation, as well as

passing all by-laws for their implementation.

Law on Technical Requirements for Products and Conformity Assessment (Official

Gazette of RS, No.36/09) represents a basic legal framework for transposition of European

technical legislation into the domestic legal system, unless stipulation of technical

requirements for products has been prescribed by specific laws. At the same time, it also

provides the legal framework for the stipulation of national technical regulations for products

not comprised by the harmonized regulations at the EU level.

Law on Standardization (Official Gazette of RS, No. 36/09) asserts establishing Serbian

standards based on European and international standards, as well as making the application of

standards voluntary. This Law regulates general standardization covering the broadest range

of users and not the branch standards applied in specific areas (rail, air and river traffic,

defense, etc.).Likewise, it provides conditions for a more rapid and efficient adoption of the

EU standards, and fulfillment of requirements for full membership in European organizations

for standardization.

Law on Metrology (Official Gazette of RS, No. 30/10) represents a basic legal framework

for organizing the metrology system in the Republic of Serbia, which means organizing

metrology tasks, legal measuring units, standards of the Republic of Serbia, putting in

circulation, use and legal inspection of measuring instruments. During the making of this law,

documents of the International Organization of Legal Metrology – ОIМLD1 and ОIМLD9,

and EU regulatory rules on metrology, were taken into account.

For the enforcement of this law, 15 by-laws were adopted, which inter alia describe more in

detail the following: measuring instruments subject to metrology market surveillance,

methods and preconditions for authorization and designation of conformity assessment bodies

and verification of measuring instruments respectively, conducting metrology market

surveillance, recognition of foreign certificates, marks and signs of conformity and other

issues related to metrology system. Besides that this law provides a legal basis for the

adoption of European directives in the field of Metrology, namely MID (regulating 10 types

of measuring instruments), NAWI (dealing with non-automatic weighing instruments) as well

as directive on pre-packaged products. Furthermore based on this law requirements for

measurement devices in the non-regulated area are defined.

Law on Accreditation (Official Gazette of RS, No. 73/10) comprehensively regulates the

accreditation system, which in addition to national accreditation body contains accredited

conformity assessment bodies, designated/notified conformity assessment bodies, as well as

rules and procedures for accreditation, establishing competencies of conformity assessment

bodies (testing, calibration, inspection and certification of products, management systems and

persons).

All four laws have adopted solutions from the EU “new goods package”

A number of by-laws for implementation of these framework laws were passed.

By-laws of the Law on Technical Requirements for Products and Conformity

Assessment are:

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1. Regulation on Manner of Performing Conformity Assessment, Content of the

Document of Conformity, and Shape, Appearance and Content of Mark of Conformity

(Official Gazette of RS, No. 98/09). This order was passed in order to allow efficient,

professional and economical implementation of product conformity assessment with the

requirements of technical regulations. It defines various procedures (modules) of product

conformity assessment, in accordance to EU Decision 768/2008/EC on a common framework

for the marketing of products, which are usually, individually or in combination, prescribed

by technical regulations.

2. Regulation on the Manner of Designation and Authorization of Conformity

Assessment Bodies (Official Gazette of RS, No. 98/09). It prescribes what conditions CABs

are to meet in order to be designated or authorized for conformity assessment tasks in

accordance with requirements for designation and authorization from technical regulations.

3. Regulation on the Manner of Recognition of Foreign Documents and Marks of

Conformity (Official Gazette of RS, No. 98/09). This Regulation sets out the manner of

recognition of validity, in the Republic of Serbia, of documents of conformity issued by

foreign conformity assessment bodies, and marks of conformity issued in other countries.

4. Regulation on Manner of Providing Information and Notification of Technical

Regulations, Conformity Assessment and Standards (Official Gazette of RS, No. 45/10). This

Regulation sets out the notification procedure for technical regulations, standards and

conformity assessment procedures in accordance with ratified international agreements

signed by the Republic of Serbia and rules of the European Union.

5. Rulebook on Manner of Affixing Marks of Conformity on Products, and Use of

Marks of Conformity (Official Gazette of RS, No. 25/10) prescribes the manner of affixing

marks of conformity on products which are in conformity with the requirements of technical

regulations, before placing the product on the market and/or use, as well as use of marks of

conformity. Mark of conformity affixes manufacturer, its representative or importer in

accordance with the technical regulation, after the completion of conformity assessment.

6. Rulebook on Content and Manner of Keeping Registers referring to Technical

Regulations (Official Gazette of RS, No. 33/10) stipulates centralized manner of keeping of

five types registers referring to technical regulations, as follows: Register of valid technical

regulations, Register of draft technical regulations, Register of designated conformity

assessment bodies, Register of authorized conformity assessment bodies and Register of

foreign documents of conformity and marks of conformity which are valid in the Republic of

Serbia. Registers are kept in digital form by the Ministry, as public registers. Data from

registers is published on the website of the Ministry.

7. Rulebook on the Content of the Form Issuing a List of Serbian Standards Referred to

by the Technical Regulations (Official Gazette of RS, No. 69/09 and 14/12). This regulation

prescribes the content of the form used for publishing a list of Serbian standards transposing

harmonized European standards that refer to any technical regulation transposing the New

Approach Directives of the EU into the legal system of the Republic of Serbia.

By-law of the Law on Standardization is the Decision on the Amendments to the Act on

the Establishment of the Institute for Standardization of Serbia (Official Gazette of RS, No.

88/09). This decision harmonizes the establishment act with the regulations of the new law

and regulates in detail establishment, organization and work of the institute.

By-law of the Law on Accreditation is the Decision on the Amendments to the Act on the

Establishment of the Accreditation Body of Serbia (Official Gazette of RS, No 14/2011).

This decision harmonizes the establishment act with the regulations of the new law and

regulates in detail establishment, organization and work of ATS.

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Very important laws that encompass horizontal legal framework of QI in the Republic of

Serbia are Law on General Safety of Products (Official gazette of RS Nr. 41/09) and Law on

Market Surveillance (Official gazette of RS Nr. 92/11).

ANNEX II b

Relevant European directives/regulations cited in the Official Journal

dealing with product groups

2000/9/EC Cableway installations

(EC) 1907/2006 Chemical substances (REACH)

89/106/EEC Construction products (CPD)

(EU) 305/2011 Construction products (CPR)

(EC) 1223/2009 Cosmetics

92/42/EEC Ecodesign – hot-water boilers

2010/30/EU Ecodesign and energy labeling

2009/125/EC Ecodesign and energy labeling

(EC) 1221/2009 Eco-management and audit scheme (EMAS)

2004/108/EC Electromagnetic compatibility (EMC)

94/9/EC Equipment for explosive atmospheres (ATEX)

93/15/EEC Explosives for civil uses

2009/142/EC Gas appliances (GAD)

2009/128/EC Inspection of pesticide application equipment

95/16/EC Lifts

2006/95/EC Low Voltage (LVD)

2006/42/EC Machinery (MD)

2004/22/EC Measuring instruments (MID)

93/42/EEC Medical devices (MDD)

90/385/EEC Medical devices: active implantable

98/79/EC Medical devices: in vitro diagnostic

(EC) 765/2008 New legislative framework (NLF)

2009/23/EC Non-automatic weighing instruments (NAWI)

94/62/EC Packaging and packaging waste

89/686/EEC Personal protective equipment (PPE)

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97/23/EC Pressure equipment (PED)

2007/23/EC Pyrotechnic articles

1999/5/EC Radio and telecommunications terminal equipment (RTTE)

2008/57/EC Rail system: interoperability

94/25/EC Recreational craft

2011/65/EU Restriction of the use of certain hazardous substances (RoHS)

2009/105/EC Simple Pressure Vessels

2009/48/EC 2009/48/EC Toys safety