STAKEHOLDER MAPCHAPTER 1: Free Movement of GoodsMay 2016This document has been compiled by Mrs Dubravka Vlasic Plese, short-term expert, with thefinancial assistance of the “Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH.The views expressed herein are those of the consultants and therefore cannot in any way be taken toreflect the official opinion of GIZ.Rruga Ismail Qemali, No3, 2nd Floor, Tirana, Albania 1 T +355 4 2273424/2234365
TABLE OF CONTENTS1. Introduction....................................................................................................................................... 32. Overall negotiating structure ............................................................................................................ 6 2.1 Organisational set-up in the case of Croatia ............................................................................... 6 2.2 Organisational set-up in the case of Montenegro .................................................................... 10 2.3 Organisational set-up in the case of Serbia............................................................................... 153. Structure of Working Group for Chapter 1 ..................................................................................... 20 3.1 Structure of Working Group in the case of Croatia................................................................... 20 3.2 Structure of Working Group in the case of Montenegro .......................................................... 22 3.3 Structure of Working Group in the case of Serbia .................................................................... 234. European Integration Structures in Albania .................................................................................... 24 4.1 National Council for European Integration ............................................................................... 24 4.2 Parliamentary Commission for European Integration .............................................................. 25 4.3 Inter-Ministerial Committee on European Integration (KNIE) and Inter-institutional Coordination Committee on European Integration (KKNIE) ........................................................... 25 4.4 Intra Institutional Working Group in Albania............................................................................ 255. Roles and tasks of business community in the accession negotiations ........................................... 276. Potential Stakeholders and the role in IIWG for Chapter 1............................................................. 29Rruga Ismail Qemali, No3, 2nd Floor, Tirana, Albania 2 T +355 4 2273424/2234365
1. IntroductionThis document is prepared under the auspices of the GIZ Project entitled: “TechnicalCooperation with Albania - Support for the Harmonisation of Economic and TradeLegislation with EU acquis”, falling under complementary Focal Area 3:„3) Preparation of accession negotiations for EU membership. Consultation will beprovided on the process for the identification of the relevant players (including the civilsociety players), setting up the structures required for conducting the negotiations, and theprocedures for the sectors for which Ministry of Economic Development, Tourism, Trade,and Entrepreneurship (hereafter referred as „MEDTTE“) is responsible. Consultation willalso be provided on the procedures and instruments required to do the pre-screenings forthe sectors for which MEDTTE is responsible. “Having in mind that MEDTTE is responsible for the harmonisation and implementation ofthe large part of the acquis and for leading the work of seven inter-institutional workinggroups (IIWGs), for seven chapters of the EU acquis (1, 3, 6, 7, 20, 28 and 30), MEDTTEneeds to start preparations early in advance in order to be fully ready once a negotiating dateis set by the EU. The project will, therefore, mainly support MEDTTE in preparationsrequired till the opening and closure of screening process. For the moment the projectfocuses on three selected inter-institutional working groups (for chapters 1, 3 and 28) ofwhich this Stakeholder Map covers activities for IWWG for Chapter 1 Free Movement ofGoods.The objective of Focal Area 3 aims at preparing MEDTTE for the pre-accession negotiationperiod, more precisely for the screening process (first and second phase). The main objectiveof this assignment was to review the Stakeholder Map and complement it with Croatiaexperience in view of the role and tasks that business community and civil society shouldplay during the pre-accession process.IIWGs were set up in 2009 for the purpose of strengthening the inter-institutionalcooperation and for the reason (among other) of providing the answers to the EuropeanCommission’s questionnaire (AVIS) timely, accurately and effectively. This example hasshown the added value of IIWGs as a body which could coordinate bulk of the workregarding the overall euro-integration process of Albania (implementation of Stabilisationand Association Agreement (SAA), National Programme for European Integration (NPEI) Rruga Ismail Qemali, No3, 2nd Floor, Tirana, Albania 3 T +355 4 2273424/2234365
and inputs for Report of the European Commission (hereafter referred as to: theCommission)). However, during the past 5 years role of IIWGs was somewhat declined forvarious reasons and need was recognised for “revitalisation” of its work and role, especiallyin the light of the possible opening of negotiations in the near future. This Stakeholders mapwill, among other things, analyse prerequisites of the acquis in Chapter 1 so the IIWG willbe able to recognise key areas for which in the framework of negotiating process it will benecessary to involve other stakeholders and representatives from the business community inthe work IIWG.The Chapter 1 represents one of the most demanding negotiating acquis chapters, becausethe free movement of goods lies in the core of EU internal market. The general principle ofthe free movement of goods implies that products must be traded freely from one part of theUnion to another. The free movement of goods has been a key element in creating anddeveloping the internal market. This principle is laid down by Articles 34, 35 and 36 of theTreaty on the Functioning of the European Union (TFEU), preventing Member States fromadopting and maintaining unjustified restrictions on intra-EU trade.In a number of sectors, the general principle is complemented by a harmonised regulatoryframework. Horizontal measures define the quality infrastructure which Member Statesshould put in place in areas such as standardisation, conformity assessment, accreditation,metrology and market surveillance.The harmonised European product legislation, which needs to be transposed by eachMember State, represents the largest part of the acquis under this Chapter. It is based on the“old approach” (imposing precise product specifications) and the “new and global approach”(imposing general product requirements).A series of procedural measures also require sufficient administrative capacity in order to beproperly applied. These include a notification procedure in the field of technical standardsand regulations, legislation on the trade in weapons, defence products, crystal glass,footwear, textile labelling, pricing of medicinal products and on cultural goods.In the context of accession negotiation and preparation for the overall process, Chapter 1 isone of the most challenging chapters in the sense of huge volume of acquis that has to betransposed. It also requires effective inter-institutional coordination and strong leadingcoordinative role of the MEDTTE in order to ensure consistency and uniform approach intransposition and implementation in all product sectors.Rruga Ismail Qemali, No3, 2nd Floor, Tirana, Albania 4 T +355 4 2273424/2234365
EU enlargement negotiation process is the complex task for state administration and after2007 enlargement, accession negotiations are now organized in a systemic way under 35chapters of the acquis with introduction of the new modalities – opening and closingbenchmarks. This method will be also used in Albania’s accession negotiations. If thecandidate country wishes to finish this demanding process within reasonable span of time,several key activities will have to be ensured, which is legal harmonisation process,strengthening of administrative capacities (especially in the area of market surveillance) andpolicy reform.On the other side, if a candidate country wants to take strategic approach to accessionnegotiations it has to clearly define its priorities and national interests on the path to the EUmembership.The EU accession negotiations are not the negotiations in classical way. The candidatecountry negotiates how and when it will be able to fully transpose and implement EUlegislation. Still, in preparatory phase for the negotiations the candidate country shouldclearly define a set of strategic objectives and during negotiations pursue these goals anddefend its legitimate national interests.In the context of the negotiations of Chapter 1 on Free movement of goods, the nationalobjectives could be defined only in very close cooperation with business operators onnational market. Only with their active participation in the screening process and in the laterphases of negotiations, it will be possible to assess the current state of play of nationalmarket and to calculate all the benefits and costs of the accession to the EU internal market.This Stakeholder map intends to identify all the stakeholders for which it is necessary to takepart in the negotiations on Chapter 1 and to provide for the modalities for their participation.This document consists of six chapters, including this Introduction. The second onedescribes key characteristics of the overall negotiating structure on the example of Croatia,Monte Negro and Serbia. The third one gives an overview of the structure and membershipof the negotiating working groups for Chapter 1 in Croatia, Monte Negro and Serbia Thefourth one presents the brief current state of play and organization of the IIWG for Chapter 1in Albania. The principles on the involvement and the role of the business community in theaccession negotiations are presented in the fifth chapter. Sixth chapter is essentially the corepart of the whole document, listing the identified stakeholders to be involved in thepreparations for the accession negotiations on Chapter 1.Rruga Ismail Qemali, No3, 2nd Floor, Tirana, Albania 5 T +355 4 2273424/2234365
2. Overall negotiating structureIn this chapter the overview of the overall negotiating structure in the case of Croatia, MonteNegro and Serbia is given. Each candidate country can take its own approach in establishingits negotiating structure. The model is based on country’ political system, administrativeculture and institutional capacity. Nevertheless, some of the features are very similar for allcandidate countries. The majority of the work in the negotiations lies on the publicadministration institutions. Still, in the process of establishment of negotiating structure, thecountry should decide what will be the role of the Government, of the Parliament and towhich level the experts outside the public administration and representatives of wider pubicwill be involved..2.1 Organisational set-up in the case of CroatiaThe negotiating structure for the accession of Croatia to the European Union was establishedby the Decision of the Government in April 2005. It sets down the composition andcompetences of the bodies that form the structure for the negotiations and which are entitledto sign the Accession Treaty. It also assigns the role of competent and co-competent bodiesof individual negotiating chapters to state administrative bodies and other bodies orinstitutions. By the Decision following bodies have been established:State Delegation of the Republic of Croatia for Negotiations on the Accession of theRepublic of Croatia to the European UnionThe State Delegation was a high level body responsible to the Government in charge fordirect political talks and negotiations with the EU and responsible for the success of thenegotiations for all chapters.Coordinating Committee for the Accession of the Republic of Croatia to the EuropeanUnion.The Committee was an interdepartmental working body of the Government that discussed allissues related to negotiations on the accession to the European Union. It reviewed draftproposals of negotiating positions submitted by the Negotiating Team before they wereforwarded to the National Committee for Monitoring the Accession Negotiations of theRepublic of Croatia to the European Union (established in the Parliament). It also reviewedproposals of negotiating positions before they are forwarded to the Government for adoption.The Coordinating Committee consisted of the Head of the State Delegation and the MinisterRruga Ismail Qemali, No3, 2nd Floor, Tirana, Albania 6 T +355 4 2273424/2234365
of Foreign Affairs and European Integration, the Vice Prime Ministers, all the ministers inthe Government, as well as the Chief Negotiator.Negotiating Team for the Accession of the Republic of Croatia to the European UnionThe Negotiating Team was responsible for negotiations at an expert and technical level withEU institutions and Member States on all negotiating chapters. It considered and adopteddraft negotiating positions and submitted them to the Coordinating Committee. TheNegotiating Team also reported to the State Delegation and the Government on the course ofthe negotiations. Members of the Negotiating Team were responsible for the coordination ofparticular clusters of negotiating chapters and providing expert support to the ChiefNegotiator, participating in negotiations on the basis of instructions from the ChiefNegotiator, coordinating the work of working groups for the preparation of negotiations onindividual negotiating chapters, cooperating with EU coordinators in the state administrationbodies, and were responsible for the drafting of the negotiating positions and related reports.Working Groups for the Preparation of Negotiations on Individual Chapters of theacquisThe Working Groups participated in the screening process and in drawing up the draftproposals of negotiating positions, in dialogue with the state administration bodies or otherbodies designated as competent authorities for individual chapters of the acquis and the EUCoordinator of the relevant body. The Working Groups had heads who administered theirwork in agreement with the member of the Negotiating Team in charge of coordinating aspecific negotiation chapter.Office of the Chief NegotiatorThe Office provided expert, technical and administrative assistance to the Chief Negotiator.Secretariat of the Negotiating TeamThe Secretariat assisted the Secretary of the Negotiating Team in his/her work and providedexpert, technical and administrative assistance to the State Delegation, the Negotiating Teamand the Working Groups for preparing negotiations on the individual chapters. TheSecretariat coordinated the tasks and duties arising from the negotiations, prepared thescreening process and made reports on the progress of legislative harmonisation, as well ason the progress of the negotiations. It also performed any other technical and administrativetasks related to the negotiations.Rruga Ismail Qemali, No3, 2nd Floor, Tirana, Albania 7 T +355 4 2273424/2234365
National CommitteeIn accordance with its Declaration on the Fundamental Principles of Negotiations on FullMembership of the Republic of Croatia in the European Union and the Statement of theCroatian Parliament and the Government of the Republic of Croatia on Joint Actions in theProcess of Negotiation on Membership of the European Union, the Croatian Parliamentestablished at its session of 19 January 2005, the National Committee as a special workingbody tasked to monitor the negotiations on the accession of the Republic of Croatia to theEuropean UnionThe establishment of the National Committee resulted from the consensus of allparliamentary political parties that membership of Croatia in the European Union was astrategic national objective requiring joint co-operative action of the legislative andexecutive branch to be ensured within a transparent process of conducting future EUaccession negotiations. One of the key elements of such process is the appropriate system ofParliamentary monitoring of the accession negotiations which was to be achieved throughthe National Committee.The competences of the National Committee were to: supervise and evaluate the course ofnegotiations; give opinions and guidelines on behalf of the Croatian Parliament on theprepared negotiation positions; consider information on the process of negotiations; considerand give its views on issues which would arise in the course of the negotiations; analyse andassess the performance of individual members of the negotiating team; via the Chairpersonof the Committee hold regular consultations and exchange information with the President ofthe Republic of Croatia, the Prime Minister and the Speaker of the Croatian Parliament; holdregular consultations with the Head of the Delegation and the Chief Negotiator on theprogress of negotiations, open issues arising during negotiations and possible ways ofclosing individual chapters; give opinions, as required, on the harmonisation of Croatianlegislation with EU regulations; report on the work of the Committee to the CroatianParliament at least twice a year.The Committee was composed of 19 members – 15 Parliamentary deputies and/orrepresentatives of parliamentary parties and 4 other members representing the Office of thePresident of the Republic of Croatia, trade unions, employers’ associations and the academiccommunity. The President of the National Committee was from the opposition party.Rruga Ismail Qemali, No3, 2nd Floor, Tirana, Albania 8 T +355 4 2273424/2234365
Chart 1: Croatian Negotiating Structure GOVERNMENT OF CROATIAN THE REPUBLIC OF PARLIAMENT CROATIA CO-ORDINATION FOR PRESIDENT ACCESSION NEGOTIATIONS HEAD OF STATE VICE-PRESIDENT DELEGATIONSUPPORT TO STATE (mfaei) CHAIR – CHAIR – CHAIR – COMMITTEE DELEGATION AND FOREIGN EUROPEAN FOR DEPUTY HEAD OF STATE AFFAIRS INTEGRATIONNEGOTIATING TEAM DELEGATION AND CHIEF COMMITTEE COMMITTEE INTERPARLIAMENTARY CO-OPERATION OFFICE OF THE NEGOTIATOR REPRESENTATI CHIEF NEGOTIATOR VE – OFFICE OF DEPUTY CHIEF DEPUTY CHIEF SECRETARY OF HEAD OF 5 MPs - 5 MPs - RULING SECRETARIAT NEGOTIATOR NEGOTIATOR NEGOTIATING MISSION TO THE THE OPPOSITION PARTIES OF THE PRESIDENT OF MEMBER TEAM EC THE REPUBLIC PARTIES NEGOTIATING TEAM Free mov't of goods, Public STATE DELEGATION MEMBER REPRESENTATIVE MFAEI procurement Competition OF THE MEMBER MEMBER policy and REPRESENTATIVE REPRESENTATIVE MISSION TO THE MEMBER Regional policy Right of Enterprise & ACADEMIC OF THE UNIONS OF THE EC Free mov't of and Statistics industrial policy COMMUNITY workers, Soc. establishment & EMPLOYERS' MEMBER freedom to provide MEMBER ASSOCIATION policy and External relations; services, Company Science & employment CFSP, institutions research, SECRETARY OF THE SUPPORT SERVICES OF law, Intellectual Education & NATIONAL COMMITTEE THE NATIONAL MEMBER MEMBER property law COMMITTEE Energy, Free mov't of culture capital, Financ. MEMBER NATIONAL COMMITTEE FOR THE MONITORING Environment Services, Econ. Agriculture & rural MEMBER OF ACCESSION NEGOTIATIONS and monetary Transport policy, MEMBER development, Financ. & budgetary policy Fisheries, Food information provisions, Taxation, safety, veterinary & society & media, MEMBER phytosanitary Trans-european Financ, control, Justice, freedom policy, Consumer & Customs union health protection networks and security; Judiciary and fundamental rights NEGOTIATING TEAM WORKING GROUPS WORKING GROUPS WORKING GROUPS WORKING GROUPS FOR EACH FOR EACH FOR EACH FOR EACH NEGOTIATING NEGOTIATING NEGOTIATING NEGOTIATING CHAPTER (35) CHAPTER (35) CHAPTER (35) CHAPTER (35) BODIES OF THE BODIES OF THE BODIES OF THE BODIES OF THE BODIES OF THE STATE STATE STATE STATE STATEADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION Rruga Ismail Qemali, No3, 2nd Floor, Tirana, Albania 9 T +355 4 2273424/2234365
2.2 Organisational set-up in the case of MontenegroThe negotiating structure for the accession of the Montenegro to the European Union wasestablished by the Decision of the Government of Montenegro on 2 February 2012. Thenegotiating structure changed only once until now to make room for a new body dealingwith chapters 23 and 24, namely the Council for the Rule of Law.This Decision established the composition and competences of the bodies that form thestructure for the negotiations. The Decision also assigns the role of competent and co-competent bodies of individual negotiating chapters to state administrative bodies and otherbodies or institutions.The following bodies have been established: College for negotiations on Montenegro's accession to the European Union; The State Delegation of Montenegro for Negotiations on Accession of Montenegro to the European Union; The Rule of Law Council Negotiating Group for negotiations on Accession of Montenegro to the European Union; The Office of the Chief Negotiator for the Accession of Montenegro to the European Union; The Working Groups for Preparation of Negotiations on Accession of Montenegro to the European Union on the individual chapters of the EU acquis; Secretariat of the Negotiating Group.The College for negotiations on Montenegro's accession to the European Union, as aworking body of the Government of Montenegro, discuss all matters related with thenegotiations and decides on the most sensitive issues arising from the negotiation process.Collegium for Negotiations considers proposals of negotiating positions and submits them,after the procedures in the competent Working body of the Parliament (Committee onEuropean Integration of the Parliament of Montenegro), to the Government for approval.The College consists of the Prime Minister, Deputy Prime Ministers, and Chief Negotiator.Other ministers can also participate in its work.The State Delegation of Montenegro for Negotiations on Accession of Montenegro tothe European Union conducts direct political talks and negotiations with the Member Statesand the EU institutions and is responsible for the successful course of the negotiations on allRruga Ismail Qemali, No3, 2nd Floor, Tirana, Albania 10 T +355 4 2273424/2234365
chapters of the EU acquis. The State Delegation is responsible to the Government and acts inaccordance with the guidelines for the negotiations approved by the Government. The StateDelegation submits a report on the state of negotiations after each session of theIntergovernmental Conference between Montenegro and the EU member states at theministerial level and produces special reports if requested by the Government.Members of the State Delegation are: the Head of State Delegation - Minister of ForeignAffairs and European Integration, Deputy Head of State Delegation - Chief Negotiator,deputy chief negotiators, Head of Montenegro's Mission to the EU, and the Secretary of theNegotiating Group.The Rule of Law Council was established by the Government of Montenegro on 27 March2014, with the amendments to the Decision on the establishing the Negotiating structure forNegotiations on Accession of Montenegro to the EU. It is Government body with the role tooversee all activities and deal with all potential challenges arising from the successfulimplementation of Action plans for Chapters 23 - Judiciary and fundamental and Chapter 24- Justice, freedom and security, with the aim of improvement of the coordination for theimplementation of obligations. It is composed of the representatives of more than 40institutions to which the Action plans for Chapter 23 and 24 refer to.Negotiating Group for negotiations on Accession of Montenegro to the European Unionis responsible for the expert and technical level of negotiations with the institutions and theMember States of the European Union, on all chapters of the EU acquis. Negotiating Groupconsiders and develops proposals for negotiating positions and is responsible to the Head ofState delegation and the Government. Negotiating Group operates in accordance with theguidelines and instructions of the Head of the State delegation. Negotiating Group reports tothe Head of the State Delegation and to the Government on the state of negotiations aftereach session of the Intergovernmental Conference, and produces special reports if the Headof State Delegation and the Government request them.The Negotiating Group is composed of the Chief Negotiator, ten members of the NegotiatingGroup in charge for two to five negotiating chapters, Head of the Mission of Montenegro tothe EU and the Head of the Secretariat of the Negotiating Group.The Office of the Chief Negotiator for the Accession of Montenegro to the EuropeanUnion performs professional, administrative and technical affairs for the Chief Negotiator.Due to the specific tasks of the Chief Negotiator, operations are carried out in theRruga Ismail Qemali, No3, 2nd Floor, Tirana, Albania 11 T +355 4 2273424/2234365
Government and the Mission of Montenegro to the European Union. The work of the Officeof the Chief Negotiator manages the Head of the Office, appointed by the Chief Negotiator.The Office of the Chief Negotiator for the Accession of Montenegro to the European Unionperforms tasks related to: supporting the implementation of the tasks and daily activities ofthe Chief Negotiator, organising and following the meetings of the Chief Negotiator withnational and foreign representatives in the country and abroad, preparation of the ChiefNegotiator's meetings and visits as well as his participation in public events. The Officecoordinates the tasks with the Negotiating Structure and other stakeholders relevant to theaccession process. The part of the Chief Negotiator's Office that performs its duties inBrussels as part of the Mission of Montenegro to the European Union is mainly focused onthe communication with EU institutions, principally with the European Commission and theCouncil, as well as with permanent representations of the Member States to the EU. TheOffice of the Chief Negotiator at Montenegro's Mission to the EU is a channel for thenegotiating structure's communication (at the operational level of negotiators, heads andsecretaries of the working groups for preparing negotiations on individual chapters) with theEuropean Commission. It coordinates the two-way delivery of relevant materials anddocuments in the negotiation process between the negotiating structure and the EU.The Working Groups for Preparation of Negotiations on Accession of Montenegro tothe European Union on the individual chapters of the EU acquis are involved in thescreening process, i.e. the assessment of compliance of Montenegrin legislation with the EUacquis, as well as in the drafting of the negotiating positions, with the support of the stateadministration and other bodies and institutions.Secretariat of the Negotiating Group coordinates the tasks and duties arising from thenegotiations on Montenegro's accession to the European Union, prepared an analyticaloverview and assessment of compliance of Montenegrin legislation with the EU acquis andproduced reports on the progress of screening and assessment of compatibility ofMontenegrin legislation with the EU acquis, prepares reports on the progress of negotiations.Also, the Secretariat carries out technical processing and preparation of the basis for thework of the working groups for preparation of negotiations on individual chapters, technicaldrafting of proposals of negotiating positions, the preparation of meetings of the StateDelegation and of the Negotiating Group and coordinates the use of the database formonitoring the negotiations. The Secretariat also performs other administrative and technicalduties related with the negotiations for the Chief Negotiator and the Secretary of theNegotiating Group.Rruga Ismail Qemali, No3, 2nd Floor, Tirana, Albania 12 T +355 4 2273424/2234365
The Secretariat has 18 members who are MFAEI representatives, and their work iscoordinated by the Secretary of the Negotiating Group, who is appointed by theGovernment, and is proposed by the Head of the State Delegation, with the ChiefNegotiator's consent.Committee on European Integration of the Parliament of Montenegro monitorsaccession negotiations of Montenegro to the European Union, monitors and assesses thecourse of negotiations and gives opinions and guidelines, on behalf of the Parliament, onprepared negotiating positions, considers information on the negotiation process andconsiders and gives opinions on issues raised during the negotiations, considers and assessesfunctioning of the negotiation teamRruga Ismail Qemali, No3, 2nd Floor, Tirana, Albania 13 T +355 4 2273424/2234365
Chart 2: Montenegrin negotiating structure Rruga Ismail Qemali, No3, 2nd F T +355 4 2273424/
Floor, Tirana, Albania 14/2234365
2.3 Organisational set-up in the case of SerbiaSEIOEuropean Integration Office (SEIO) was established on 14 March 2004, as a SerbianGovernment service and its scope of work is regulated regulated by Article 2 of the Decision ofthe Government of the Republic of Serbia on the establishment of the European IntegrationOffice (“Official Gazette of RS”, no. 75/05, 63/06, 126/07, 117/08, 42/10, 48/10 and 106/12).Pursuant to this Decision, SEIO performs the activities relating to: Strategy for association with and accession to the European Union; Monitoring and participating in preparations and negotiations for conclusion of the Stabilisation and Association Agreement with the European Union, implementation of the Stabilisation and Association Agreement and European Union accession; Strategy, stimulating and screening the harmonization of regulations of the Republic of Serbia with the European Union regulations and standards, as well as information of the European Union and the public thereupon; Coordination of translation of the European Union priority regulations into Serbian and coordination of translation of Serbian legislation into English language; Assistance to ministries and special organizations in the process of legal harmonisation with the European Union regulations; Monitoring the realization of obligations of ministries and special organizations in the process of European Union association and accession; Harmonisation of Serbian institutional capacities and education of civil servants according to the requirements of the European Union association and accession; Cooperation with specialized legal institutions; Analysis of economic aspects of harmonisation with the European Union regulations and standards; Participating in coordination of the programming of European Union’s technical assistance; Promoting the EU association and accession activities and cooperation with specialized international and domestic economic institutions; Partaking in coordination of activities for planning and use of European funds, donations and other forms of foreign development aidSEIO prepares for adoption the acts of the Government designed for supervising, directing andharmonizing the activities of ministries and special organizations in relation to the EuropeanUnion association and accession and formulates public information on the process of EuropeanUnion accession and association. SEIO also performs other activities in the domain of EuropeanUnion accession and association as delegated to it by the Government.Rruga Ismail Qemali, No3, 2nd Floor, Tirana, Albania 15 T +355 4 2273424/2234365
The Government of Serbia, at its session of 23 September 2013, adopted all documents necessaryfor establishing a structure for negotiations on Serbia's accession to the EU, including theDecision on Establishment of the Coordination Body for the Process of Accession of theRepublic of Serbia to the European Union.The creation of coordination structures of Serbian institutions is based, among other, upon theEU negotiation experiences, best practices of the new EU member states, size and capacity ofSerbian administration.The following bodies have been established:The Coordination BodyThe Coordination Body is responsible to consider the most important issues and guide theoperations within the scope of the public administration in the process of accession of theRepublic of Serbia to the European Union.The Coordination Body structure includes:1) Government President;2) The Government First Vice-President;3) Government Vice-President and the Minister of Labour, Employment, and Social Policy;4) Government Vice-President and the Minister of External and Internal Trade andTelecommunications;5) Minister in charge of foreign affairs;6) Minister in charge of the European integrations;7) Minister in charge of finance;8) Minister in charge of agriculture, forestry, and water management;9) Minister in charge of environment.The European Integration Office Director and Head of the Negotiating Team for Accession ofthe Republic of Serbia to the European Union shall participate in activities of the CoordinationBody. The Coordination Body activity is managed by the Government President, and he can bereplaced by the Coordination Body member assigned by the Government President. OtherGovernment members, Director of the Republic Secretariat for Legislation and the GovernmentSecretary-General, and the National Bank of Serbia Governor may participate in theCoordination Body activity if the topics within their competence are discussed. Expert andadministrative and technical support to the Coordination Body operation shall be provided by theEuropean Integration Office.Rruga Ismail Qemali, No3, 2nd Floor, Tirana, Albania 16 T +355 4 2273424/2234365
The Coordination Body CouncilThe Coordination Body Council performs the operations regarding current issues within theprocess of accession of the Republic of Serbia to the European Union. The Coordination BodyCouncil comprises of:1) Government member in charge of the European integrations, Chair;2) members:- European Integration Office Director;- Negotiating Team Head;- Negotiating Team chairs;- State secretaries from the ministries whose representatives do not manage the NegotiatingGroups;- Representative of the National Bank of Serbia- Deputy Director and Coordinator for the European Union funds at the European IntegrationOffice;- Representative of the Republic Secretariat for Legislation.In case the Government member in charge of European Integration is unable to manage it, he isreplaced by the European Integration Office Director or the Head of the Negotiating Team fornegotiations on accession of the Republic of Serbia to the European Union, depending on thetopic discussed. The activity of the Coordination Body Council is attended by member of CivilSociety Cooperation Office.The activity of the Coordination Body Council shall, upon invitation of the Chair, be attended bymembers of the Negotiating Team for accession of the Republic of Serbia to the EuropeanUnion. In the event it is necessary to include other authorities and organisations in the activity ofthe Coordination Body Council, the Chair may invite the representatives of such authorities andorganisations to take part in the activity of the Coordination Body Council.The Negotiating GroupsThe Negotiating groups for 35 acquis chapters have been established. The chairs, deputy chairs,secretaries, and deputy secretaries of the sub-groups are appointed by the Government in aspecial decision. The Negotiating Group Chair are appointed by the Government among the statesecretaries of a competent ministry or civil servants at respective position. The members of theNegotiating groups are from the public administration institutions. In the event it is necessary toinclude other authorities and organisations in the activity of the Negotiating Group, theNegotiating Group Chair may invite the representatives of such authorities and organisations totake part in the activity of such Negotiating Group.The Negotiating Group perform the activities regarding:Rruga Ismail Qemali, No3, 2nd Floor, Tirana, Albania 17 T +355 4 2273424/2234365
1) participation in the screening;2) preparation of negotiation position proposals for appropriate chapters of the negotiations onthe European Union accession.3) drawing-up, revision, and monitoring of the implementation of the National Programme forthe Adoption of the Acquis;4) division of competences for monitoring European Union regulations;5) preparation of proposals for planning communication activities for appropriate chapters of thenegotiations on the European Union accession.The Negotiating Group shall also perform other operations regarding the process of accession ofthe Republic of Serbia to the European Union.The Government of Serbia also adopted in September 2013 the Decision on Establishing theNegotiating Team for Accession of the Republic of Serbia to the European Union.The Negotiating Team is established, for the period until the signing of the Treaty of Accessionof the Republic of Serbia to the European Union.The Negotiating Team shall participate in the development of the negotiation positions onaccession of the Republic of Serbia to the European Union, in accordance with the specialGovernment decision. and it shall be in charge of the negotiations on accession of the Republicof Serbia to the European Union, under all chapters and within all stages of the negotiations onaccession. For the purposes of executing the tasks, the Negotiating Team shall communicate withinstitutions of the European Union, European Union member states, and the states having thecandidate status for the European Union membership.The Negotiating Team consists of:1) Head of the Negotiating Team;2) State secretary at the ministry in charge of finance;3) State secretary at the ministry in charge of foreign affairs;4) Head of Permanent Diplomatic Mission of the Republic of Serbia to the European Union –Ambassador;5) Other members of the Negotiating Team appointed by the GovernmentThe Negotiating Team participates in the activity of the negotiation groups for the negotiationson accession to the European Union, within the screening of the Republic of Serbia legislationharmonisation with the EU aquis and its implementation, and considers all acts significant forthe negotiations on accession. It submits reports to the Government on the status of negotiationsafter every meeting of the intergovernmental conference between the Republic of Serbia and theEuropean Union, and special reports if required by the Government. Expert organisations andRruga Ismail Qemali, No3, 2nd Floor, Tirana, Albania 18 T +355 4 2273424/2234365
experts may be engaged for the purpose of solving certain complex issues relating to theNegotiating Team tasks. The Serbian European Integration Office provides expert,administrative and technical support to the Negotiating Team activity, as well as material andother conditions for its activity.Chart 3: Serbian negotiating structure State Delegation Government National of the AssemblyMission of the RS to the EU (Brussels) Republic of of RS Serbia SEIO – Chief Coordination Body coordinat Negotiato Members of the Government es the r+ Secretariat SEIO whole process (Negotiati Council of the Coordination Body ng Team) Members: Heads of Negotiation Groups (State Secretaries) Chair: Minister for EU NG 1 NG 2 NG 3... NG 34 NG 35 MINISTRIES AND SPECIAL ORGANISATIONS Rruga Ismail Qemali, No3, 2nd Floor, Tirana, Albania 19 T +355 4 2273424/2234365
3. Structure of Working Group for Chapter 1Taking into account that Chapter 1 is one of the acquis chapters with large number of EU legalinstruments negotiated, the negotiating working group should involve members from a widerange of public institutions, as well as different expert bodies. For that reason, this workinggroup usually has approximately 50 members. The group with more than 20 members is verydifficult to coordinate and it is challenge for it to stay operational. This is why the possibility ofestablishing the sub-groups should be considered. The examples of Croatia and other candidatecountries prove that this approach is useful and enables quality preparations for negotiations.If such method is chosen, sub-groups should consist of experts from the ministries and otherstakeholders specialised in a particular issue. There should be one sub-group dealing withgeneral principles of Chapter 1 and horizontal issues, coordinating the work of all otherspecialized subgroups. The members of the subgroups for different product legislation should benot just the representatives of line ministries with regulatory functions, but also representativesof standardisation body, accreditation body, those dealing with conformity assessment andmarket surveillance authority. The reason for this is that during the screening each sector must bepresented in several aspects: state of play of product sector in the candidate country; legalframework and timeline for envisaged amendments; data on standards, accreditation, conformityassessment bodies; administrative capacities of the responsible line ministry for regulatoryfunction and for implementation; market surveillance.3.1 Structure of Working Group in the case of CroatiaThe Negotiating working group for Chapter 1 Free Movement of Goods in Croatia had 54members and was led by the Negotiator for Chapter 1 and Head of the working group. Theworking group (WG) was divided in 14 subgroups on specific product sectors. The members ofthe WG were representatives from the Ministry of Economy, Labor and Entrepreneurship,Ministry of Sea, Transport and Infrastructure, Ministry of Environment, Construction and SpatialPlanning, Ministry of Health and Social Welfare, Ministry of Finance – Customs Directorate,Ministry of Agriculture, Fisheries and Rural development, Ministry of Interior, Ministry ofCulture, Ministry of Defence State Inspectorate, Croatian Standards Institute, CroatianAccreditation Agency, State Office for Metrology, Croatian Metrology Institute, Agency formedicinal products, Croatian Institute for Toxicology, Croatian Institute for Public Health,Croatian Telecommunications Agency, EX Agency, Croatian Register of Shipping, Faculty ofLaw in Zagreb, Croatian Chamber of Economy (HGK) and Croatian Employers Association(HUP).Rruga Ismail Qemali, No3, 2nd Floor, Tirana, Albania 20 T +355 4 2273424/2234365
Negotiator Representative of Ministry ofHead of Working Group Foreign Affairs and European Integration Representative of Ministry of Foreign Affairs and European Integration Members of Negotiating Group: 9Ministry of Economy, Labor and Entrepreneurship 4Ministry of Health and Social Welfare 2Ministry of Environment, Construction and SpatialPlanning 2Ministry of Sea, Transport and Infrastructure 4Ministry of Agriculture, Fisheries and Rural development 3Ministry of Interior 1Ministry of Finance – Customs Directorate 1Ministry of Culture 1Ministry of Defence 2State Inspectorate 3State Office for Metrology 1Croatian Metrology Institute 1Croatian Standards Institute 1Croatian Accreditation Agency 2Agency for medicinal products 2Croatian Institute for Toxicology 2Croatian Institute of Public Health 2Croatian Telecommunications Agency 1EX Agency 1Croatian Register of Shipping 1Faculty of Law Zagreb 4Croatian Chamber of Economy 4Croatian Employers' Association 54 Total number of members of Negotiating Group Rruga Ismail Qemali, No3, 2nd Floor, Tirana, Albania 21 T +355 4 2273424/2234365
3.2 Structure of Working Group in the case of MontenegroThe Negotiating working group for Chapter 1 Free Movement of Goods in Monte Negro has 47members and was led by the Negotiator for Chapter 1 and Head of the working group. Themembers are representatives from the line ministries, but also other expert bodies andinstitutions, as well as representatives from private sector.Head of Working Group Ministry of Economy Members of Negotiating Group: 3Ministry of Economy 1Ministry of Health 1Ministry of Labour and Social Care 3Ministry of Interior 3Ministry of Transport and Maritime Affairs 2Ministry for Information Society and Telecommunications 1Ministry of Culture 1Ministry of Defence 2Ministry of Sustainable Development and Tourism 1Ministry of Foreign Affairs and European Integration 6Directorate for the Inspection 1Directorate for Market surveillance 1Customs Directorate 2Agency for medicinal products 1Phytosanitary Directorate 1Accreditation body 2Institute for Standardisation 1Agency for Electronic Communication and Postal Services 1Agency for the protection of environment 1Institute for Metrology 2Parliament of Montenegro 1Fund for Health Insurance 1Chamber of Economy 2Faculty of Economy 1Faculty of Mechanical Engineering Rruga Ismail Qemali, No3, 2nd Floor, Tirana, Albania 22 T +355 4 2273424/2234365
Employers Union 1Chamber of Engineers 2NGO – Environmental movement “Ozone” 1Centre for eco-toxical testing 1Total number of members of Negotiating Group 473.3 Structure of Working Group in the case of SerbiaThe Negotiating group for Chapter 1 Free Movement of Goods in Serbia has the core of 39members and is led by the Negotiator for Chapter 1 and Head of the working group. By theDecision of the Assistant Minister in the Ministry of Economy from the February 2014 the workof the Negotiating group for Chapter 1 is divided in 17 subgroups on specific product sectors.The members of the subgroups are the appointed members of the NG, but also some otherexperts and representatives from the private sector. The approach taken by the SerbianGovernment is that the members of the negotiating groups are the representatives from publicadministration, but also representatives from wider community and interested parties take part inthe work of the NGs (Serbian Chamber of Commerce, Businesses association of producers andimporters of detergents and cosmetics “Kozmodet”, Association for Civil Engineering). In thecase of Chapter 1 this is done through various subgroups.Negotiator Ministry of EconomyHead of Working Group Ministry of Economy Members of Negotiating Group:Ministry of EconomyMinistry of HealthMinistry of Mining and EnergeticsMinistry of Agriculture and EnvironmentMinistry of FinanceMinistry of DefenceMinistry of Internal AffairsMinistry of Labour and Social AffairsMinistry of Education, Science and Technological DevelopmentMinistry of Culture and InformationMinistry of Construction, Transport and InfrastructureInstitute for StandardisationAccreditation body Rruga Ismail Qemali, No3, 2nd Floor, Tirana, Albania 23 T +355 4 2273424/2234365
Agency for Electronic CommunicationsTraffic Safety AgencyDirectorate for Metrology and Precious MetalsSecretariat for legislationAgency for drugs and medical devicesSecretariat for European Integration4. European Integration Structures in Albania4.1 National Council for European IntegrationThe National Council for European Integration is the highest national advisory structure forEuropean integration, set up at the Assembly, which promotes and guarantees the comprehensivecooperation between political forces, public institutions and civil society, as well as ensuresgreater transparency in decision-making on issues integration. National Integration Council isheaded by Chairman of the Parliamentary Committee on European Integration. NationalEuropean Integration Council consists of:a) heads and deputy heads of parliamentary standing committees;b) representatives of the parliamentary groups;c) the chairman of the delegation to the Parliamentary Committee for Stabilization andAssociation;d) the minister responsible for integration;d) representatives of the Cabinet of the President;f) representatives from the Cabinet of the Prime Minister;e) representatives of the Ministry of Foreign Affairs;h) the Attorney General;f) Deputy Chairman of the High Council of Justice;g) The Ombudsman;f) representatives of civil society organizations involved in EU affairs (union of chambers,chamber of commerce in Tirana, European movement Albania, etc)The National Integration Council has the following responsibilities:a) encourages cooperation between political forces and independent state institutions and civilsociety in the process of integration of Albania into the European Union;b) provides continuous discussion on European integration policies, implemented by stateinstitutions, civil society and other interested stakeholders;Rruga Ismail Qemali, No3, 2nd Floor, Tirana, Albania 24 T +355 4 2273424/2234365
c) monitors the implementation of the obligations for the opening of negotiations with theEuropean Union;d) analyzes the existing normative framework and practices, about the process of Europeanintegration,d) provides continuous cooperation for the integration process of the permanent parliamentarycommissions and other structures responsible for European integration;f) monitors the progress of the negotiations / talks for membership;e) advising or giving opinions on the process of negotiations;h) maintains contact and exchanges information with the President of the Republic of Albania,the Speaker of Parliament and the Prime Minister, through the Chairman of the National Councilfor European Integration;f) meetings with leaders of the negotiating team and head of its delegation in negotiations / talksfor membership;g) reports at least once a year to the Assembly on the work of the Council;4.2 Parliamentary Commission for European IntegrationParliamentary Commission for European Integration is a permanent organ of the Assembly, inits area of responsibility fall all European integration issues, transposition of legislation with EUacquis, monitoring the implementation of commitments stemming from the Stabilisation andAssociation Agreement, as well as European Union financial assistance for Albania.4.3 Inter-Ministerial Committee on European Integration (KNIE) and Inter-institutional Coordination Committee on European Integration (KKNIE)The Government of Albania has established the Inter-Ministerial Committee on EuropeanIntegration (KNIE) and the Inter-institutional Coordination Committee on EuropeanIntegration (KKNIE) to lead, monitor and coordinate the implementation of commitmentsundertaken under the Stabilisation and Association Agreement. As regards the overallcoordination of EU activities at the central level, the Ministry of European Integration (MEI) hasbeen designated as the competent authority. Further to that, the EU units within sectorialministries are also coordinating the EU activities at the level of each ministry.4.4 Intra Institutional Working Group in AlbaniaIn 2009, 35 Inter-Institutional Working Groups (IIWGs) have been created for each individualnegotiating chapter of the EU acquis, for the purpose of strengthening the inter-institutionalRruga Ismail Qemali, No3, 2nd Floor, Tirana, Albania 25 T +355 4 2273424/2234365
cooperation and for the reason (among other) of providing the answers to the EuropeanCommission’s questionnaire (AVIS) timely, accurately and effectively.Since the IIWGs are structures already in place, it is assumed that they will be the negotiatinggroups for each chapter. As such they should be further strengthened and tasked with thepreparations of accession negotiations, of which the screening is the initial phase. NewRegulation on IIWG was approved in March 2014 and as main tasks are defined as follows: - Implementation of obligation deriving from political commitments related to the process of integration to EU; - Supervise the implementation of the Stabilization Association Agreement; - Assist in the preparation of the meetings of the Committee and subcommittees of the Stabilization and Association; - Coordinate the work for the annual reviewing of the European Integration National Plan, 2014-2020, guarantee its compliance with the annual legislative plan of the government and with the Integration and Development Strategy, 2014 -2020, and with any other national sectoral strategy; - In coordination with the Ministry of European Integration, to supervise the approximation process of legislation by including also the implementation of the deadlines defined in the National Plan of European Integration, 2014 -2020; - In cooperation with the Ministry of European Integration, to coordinate the work and to guarantee the continual updating of the allocated acquis to the line ministries and other authorities, and to serve as a forum for the resolution of the disputes that are caused during the process of allocating acquis; - Pursuit in a continuous way the development of the EU law, including thus the proposal of the legislation, the enactment of the new laws and respective jurisprudence of the EU Court of Justice; - Inform in a continuous way the personnel of the line ministries, the experts of the Parliament, as well as the respective authorities for the latest amendments of European legislation; - Analyse in a periodical way the administrative capacities on the respective areas and make them recommendations; - Specify the priorities and to monitor the translation plan of the EU acquis; - Identify the strategic priorities related to the assistance needs on the process of EU integration and formulate proposals for the EU and other donators, by cooperating strongly with the Ministry of European Integration and the respective department in the Council of Ministers. - Prepare recommendations for the KNIE.Rruga Ismail Qemali, No3, 2nd Floor, Tirana, Albania 26 T +355 4 2273424/2234365
Members of the IIWG for Chapter 1 are:Head of Working Group Ministry of Economic Development,Technical coordinator of the IIWG for Chapter 1 Tourism, Trade, and Entrepreneurship, Deputy Minister Ministry of Economic Development, Tourism, Trade, and Entrepreneurship Members of IIWG for Chapter 1:Ministry of Energy and IndustryMinistry of HealthMinistry of TransportMinistry of InteriorMinistry of Urban DevelopmentMinistry of AgricultureMinistry of CultureMinistry of DefenceMinistry of EnvironmentMinistry of European IntegrationGeneral Directorate of AccreditationGeneral Directorate of StandardsGeneral Directorate of Metrology5. Roles and tasks of business community in the accession negotiationsThe examples of Croatia, as well as of two negotiating countries Serbia and Monte Negro showthat the preparations for the accession negotiations should take into account the specific interestsand needs of the business community in the country. For that reasons the representatives ofbusiness community have been involved in the work of negotiating bodies, either through formalmembership in the negotiating structure or either by their consultative role in the process.The cooperation with business community has two main goals. The close cooperation withrepresentatives of private sector is crucial to ensure full transparency of the negotiating process.On the other side the cooperation with business community should contribute to the definition ofnegotiating requests in the view of promotion and protection of national economy.Rruga Ismail Qemali, No3, 2nd Floor, Tirana, Albania 27 T +355 4 2273424/2234365
Open dialogue between the business operators and the negotiating team enables the identificationof national priority sectors which can benefit from the free access to the EU market, but alsoidentification of the weaknesses of the national sectors which need to take considerableadjustments to the EU requirements. For them it will be necessary to ensure protection fromcompetitive pressure from the EU market (transitional periods).The role of the business community differs in different stages of negotiations process.Explanatory screeningScreening represents the initial step in accession negotiations and is conducted separately foreach negotiating chapter. One of the basic objectives of screening is to identify the differencesexisting between the legislation of the candidate country and the EU acquis, in each of thenegotiating chapters. The phase of analytical screening of the legislation begins with the so-called “explanatory” screening within which the Commission presents to the candidate countrythe acquis (the most important legislation). In this phase it is important for the businesscommunity to take part and receive all information on the requirements of the EU acquis and getfamiliar with the changes that will be required from the candidate country in the accessionprocess. This is informative stage of negotiations, and all those stakeholders that will participatein explanatory screening should disseminate the information and knowledge gained to othermembers of their community or association (e.g. members of the Chamber of Commerce etc.)Even more, the relevant Government institutions should in advance, before the explanatoryscreening, launch a round of consultations with potential stakeholders from private sector andask them to prepare the questions for the Commission services on some open issues related to thetransposition and implementation of the EU acquis.Bilateral screeningDuring the second phase of screening – bilateral screening, the candidate country presents itslegislation and situation in the sector. It will present the level of alignment of national legalsystem with the EU acquis and the existing administrative capacity. During bilateral screening itwill be determined what still needs to be done to achieve full alignment with the EU acquispending full membership. For the candidate country it is important to present good knowledgeand understanding of EU acquis. In this phase it will be necessary to consult the representativesof business community in assessing the level of alignment of national legislation, inidentification of the weaknesses in the current system and in presenting the possible ways toresolve them. For certain aspects, the representatives of the business community will need to bedirectly involved in the preparation of the materials for the bilateral screening (screening lists,Rruga Ismail Qemali, No3, 2nd Floor, Tirana, Albania 28 T +355 4 2273424/2234365
non-papers) providing data on the specific product sector. Also, some of them would need toactively participate in the bilateral screening session with presentation or providing answers tothe EC service to questions in their competence.Negotiating phaseThe later stage of negotiations, which can be postponed by setting the opening benchmarks forspecific Chapter from the EU side, is the stage of substantial negotiations in which the candidatecountry presents its negotiating position. In the negotiating position, the candidate countrypresents current legal framework (aligned or not aligned), administrative capacities for theimplementation of acquis and plans to reach readiness for full membership of the EU.The accession negotiations are by and large negotiations on the timescale for the fullimplementation of the EU acquis. In the negotiating position the candidate country will indicateits requests for transitional periods or derogations in the implementation of the EU acquis in aparticular area. The contribution from the representatives of expert institutions and businesscommunity in this regard is crucial. It is very important to have in advance the support andagreement with relevant industry sector on the negotiating requests. The stakeholders from thebusiness community can advise on the timeframe for adaptation to EU requirements and indicatepossible needs for transitional periods. Also they can directly contribute in the drafting ofnegotiating requests and argumentation and supporting documents, taking into account that theyshould have statistical data, projections of the development of the sector, investment needed andother relevant information.Lastly, in the final stages of negotiations the representatives of the business community shouldhave additional role in communicating the results of negotiations to all interested parties andbroader public.6. Potential Stakeholders and the role in IIWG for Chapter 1Taking into account the content and the importance of the Chapter 1 for the business communityit is important to ensure its involvement and participation in different stages of the accessionprocess. The participation of the representatives of the business community, academia and otherNGOs should be used wisely, from providing information to them, asking for their inputs andcontribution and consulting them in the decision-making process.In this chapter all potential stakeholders have been identified in accordance with their interestsfor further market development and on possible changes that will be introduced on Albanianmarket following the harmonisation in Chapter.Rruga Ismail Qemali, No3, 2nd Floor, Tirana, Albania 29 T +355 4 2273424/2234365
General principles of Free Movement of Goods – in this area it is important to involve therepresentatives from the market players, producers, investors, importers present on the Albanianmarket (Chamber of Commerce and Industry of Albania, Foreign Investors Association inAlbania, American Chamber of Commerce, Italian Chamber of Commerce, German Chamber ofCommerce, the Confederation of the Albanian Industries). The purpose of their involvement istwofold. Firstly, to make them familiar with the EU rules and principles in non-harmonised area.Secondly, the representatives of the business community should be actively involved in thepreparation of the Action plan for the compliance with Articles 34 – 36 of the Treaty on theFunctioning of the EU in the identification of national technical regulations which represent thebarriers to trade or measures that have equivalent effect to quantitative restrictions. Also they canassist in indicating which national technical regulations could be considered useful and shouldstay in place as a justified and proportionate measure or for which the mutual recognition clauseshould be inserted in national legislation. Additionally, important partners in this exercise shouldbe the representatives from academia (e.g. the Faculty of Law)Horizontal measures on technical regulations on products - the representatives of thebusinesses community should also be involved in the work of the IIWG on horizontal issues.They should be given the opportunity to participate in the drafting of the Strategy for theharmonisation with the EU legislation in Chapter 1. On one side they should get familiar with therequirements of the EU acquis and on the other side, in the preparation of the Strategy they couldindicate the timeframe in which they will be able to fully implement the EU legislation.Standardisation – the European standardisation is based on the principles of the involvement ofthe business community, SMEs as well as representatives of consumers, and for that reason theirinvolvement in the work of the IIWG should be ensured.Accreditation – representatives of the producers and private sector should be aware of allbenefits that the accreditation and mutual recognition of certificates is bringing to thedevelopment of the market. Also, the interest of the MEDTTE and the IIWG should be toinvolve the representatives of laboratories, which are already accredited and can support theimplementation of harmonised legislation as conformity assessment bodies, but also those whichare not yet accredited, but are willing to further invest and become potential conformityassessment bodies.Metrology – beside the representatives of the business community here it is important to includethe representatives from the Faculty of engineering, to identify the possibilities of developmentof the metrology in Albania.Rruga Ismail Qemali, No3, 2nd Floor, Tirana, Albania 30 T +355 4 2273424/2234365
Conformity assessment – it is crucial to involve the representatives of laboratories, alreadyaccredited which can support the implementation of harmonised legislation as conformityassessment bodies, but also those which are not yet accredited, but are willing to further investand become potential conformity assessment bodies. They should get familiar with all EUrequirements for the conformity assessment bodies. The representatives of the private sectorshould indicate the industrial sectors in which there is a need to designate conformity assessmentbodies.Market surveillance – the representatives of the private sector as well as representatives of theconsumer protection organisations should get familiar with the EU principles on marketsurveillance. Also, the representatives of laboratories which are not interested to become CABs,but rather to provide their services for testing to the market surveillance inspection bodies shouldalso be involved in the work of the IIWG regarding further development of the marketsurveillance system.Vertical product legislation – taking into account the fact that Chapter 1 is covering largenumber of different product legislation with a lot of different issues and EU acquis topics it wassuggested to establish the subgroups within the IIWG for Chapter 1. These subgroups would beformed by negotiation subsections or related groups of products1. In this regard, it isrecommended to include in the work of the specific subgroup the representatives of businesscommunity dealing with this product sector (e.g. Subgroup on Construction products –Construction Association)Procedural measures – the partners from the business community should get familiar with thefeatures and procedures of notification of national technical regulations which will be in placeafter accession (TRIS – Directive 98/34/EC) because they will be able to participate in theassessment of the draft national technical regulations of other Member States. Also they shouldget familiar with the role of future Product Contact Point in the MEDTTE. For the MEDTTE it isimportant to develop the network of contacts in the business community which will assist theMinistry in future performing of these tasks.1 Subgroups according to the vertical product legislation: 1. Machinery, LVD, EMC, RTTE, noise emissions, non-road mobile machinery, eco-design, aerosol dispensers, 2. Toys and PPE, 3. Gas appliances, pressure equipment,transportable pressure equipment, simple pressure vessels, 4. Lifts, cableways, recreational crafts, 5. MID andNAWI,6. Construction products, 7. ATEX, civilian explosives and pyrotechnics, weapons and firearms, 8. Motorvehicles, 9. Chemicals, Detergents, Fertilizers, GLP, 10. Glass, textiles, footwear and 11. Cultural goods;Rruga Ismail Qemali, No3, 2nd Floor, Tirana, Albania 31 T +355 4 2273424/2234365
Pricing of medicinal products – from the Croatian experiences the harmonisation of nationallegislation with the Directive 89/105/EEC on pricing of medicinal products was of interest ofdifferent stakeholders. In this respect it would be useful if the Albanian IIWG for Chapter 1includes at the very early stage of harmonisation the potential interested partners (e.g. HealthInsurance Fund, representatives of pharmaceutical industry/importers). Table of Potential Stakeholders Potential stakeholder Chamber of Commerce and Industry of EU acquis Albania, Foreign Investors Association inGeneral principles of Free Movement of Goods Albania, American Chamber of Commerce, Italian Chamber of Commerce, GermanHorizontal measures on technical regulations on products Chamber of Commerce, the Confederation of the Albanian Industries, Faculty of LawStandardisation Chamber of Commerce and Industry of Albania, Foreign Investors Association inAccreditation Albania, American Chamber of Commerce, Italian Chamber of Commerce, GermanMetrology Chamber of Commerce, the Confederation of the Albanian Industries Chamber of Commerce and Industry of Albania, Foreign Investors Association in Albania, American Chamber of Commerce, Italian Chamber of Commerce, German Chamber of Commerce, the Confederation of the Albanian Industries, Consumer protection organisations Chamber of Commerce and Industry of Albania, Foreign Investors Association in Albania, American Chamber of Commerce, Italian Chamber of Commerce, German Chamber of Commerce, the Confederation of the Albanian Industries, Representatives of laboratories and Conformity assessment bodies Chamber of Commerce and Industry of Albania, Foreign Investors Association in Albania, American Chamber of Commerce, Italian Chamber of Commerce, German Chamber of Commerce, the Confederation of the Albanian Industries, Conformity assessment bodies, Faculty of Mechanical EngineeringRruga Ismail Qemali, No3, 2nd Floor, Tirana, Albania 32 T +355 4 2273424/2234365
Conformity assessment Chamber of Commerce and Industry ofMarket surveillance Albania, Foreign Investors Association inVertical product legislation Albania, American Chamber of Commerce,Procedural measures – notification procedure Italian Chamber of Commerce, GermanPricing of medicinal products – reimbursement Chamber of Commerce, the Confederation of the Albanian Industries, Conformity assessment bodies Chamber of Commerce and Industry of Albania, Foreign Investors Association in Albania, American Chamber of Commerce, Italian Chamber of Commerce, German Chamber of Commerce, the Confederation of the Albanian Industries, Representatives of Laboratories, Consumer protection organisations Chamber of Commerce and Industry of Albania, Foreign Investors Association in Albania, American Chamber of Commerce, Italian Chamber of Commerce, German Chamber of Commerce, the Confederation of the Albanian Industries, Construction Association Chamber of Commerce and Industry of Albania, Foreign Investors Association in Albania, American Chamber of Commerce, Italian Chamber of Commerce, German Chamber of Commerce, the Confederation of the Albanian Industries Institute for Health insurance, Representatives of pharmaceutical industry/importersRruga Ismail Qemali, No3, 2nd Floor, Tirana, Albania 33 T +355 4 2273424/2234365
7. Forms of participation of stakeholders in the ove InformationExplanatory screening Business community Consumer organizations Academic community Expert institutionsBilateral screeningNegotiation phase(Transitional periods) Rruga Ismail Qemali, No3, 2 T +355 4 22734
erall process of the accession of Albania to the EUConsultation ParticipationBusiness community Expert institutionsConsumer organizationsAcademy community Business community Expert institutionsConsumer organizationsAcademy community2nd Floor, Tirana, Albania 34424/2234365
Search
Read the Text Version
- 1 - 36
Pages: