TNA for Chapter 1

Training Needs Assessment for Members of the Inter-Institutional Working Group for Chapter 1: Free movement of goodsSince January 2015, the GIZ project: Harmonisation of Economic and Trade Legislation with EUacquis is supporting the Ministry of Economic Development, Tourism, Trade andEntrepreneurship (MEDTTE) in strengthening the competences for the harmonisation oflegislation, its implementation and preparations for EU accession negotiations. MEDTTE has thelead in seven inter-institutional working groups (chapters 1, 3, 6, 7, 20, 28, and 30), thus it needsto start preparation in advance to be fully ready once the screening process starts. Among otheractivities, the project is supporting MEDTTE to develop task plans (road maps containingnecessary steps to be taken by the IIWGs in order to be prepared for the screening process) forsome of the chapters under its lead. Capacity development of IIWG members is one of thecornerstones of these task plans. Constant improvement of knowledge about the EU acquis is aprerequisite for successful conduction of negotiations, especially during the screening process asits initial phase.Recommendation is therefore that within the project Training needs assessment should beconducted. In this regard, in parallel with the preparations of the Task plan for the IIWG forChapter 1 Free movement of goods the discussions with the technical coordinator and membersof the IIWGs were held on possible priorities and key areas for the future trainings. Furthermore,to identify concrete training needs for Chapter 1 the members of the IIWG/representatives of lineinstitutions have been requested to provide their priorities.The Training needs assessment (TNA) is based on these discussions and inputs provided by themembers of the IIWG for Chapter 1.During the assessment it became clear that additional efforts have to be taken in strengtheningadministrative capacities of the institutions involved in the work of IIWG for Chapter 1. Themembers of the IIWG can expect the increase of their tasks during complex process of accessionnegotiations. This process requires both highly qualified staff and efficient structure andprocedures. More attention regarding chapter and sector technical knowledge is needed and willhave to be further developed.In order to be ready for screening process, the members of the IIWG for Chapter 1 have tofurther developed specific qualifications and competences. The accession negotiations require in- Harmonisation of Economic and Trade Legislation with EU acquis Rruga Ismail Qemali, No3, 2nd Floor, Tirana, Albania T +355 4 2273424/2234365

depth knowledge of EU law in relevant sector, but also skills for drafting new laws includingimplementation techniques and preparation of correlation tables. Different comparative and gapanalysis will have to be performed.Following discussion and inputs from the members of the IIWG it was established that furthertrainings (seminars/workshops) about the acquis in Chapter 1 are done in four separate modules: 1) Basic trainings on Chapter 1 acquis – the beneficiaries of this module would be newly appointed members of the IIWG. Following the new allocation of Chapter 1 acquis and clear identification of civil servants responsible for one piece of EU legislation, there will be some “newcomers” who will need trainings on basic principles of EU acquis on Chapter 1. This module could be organised by MEDTTE, and the trainers would be the technical coordinator of Chapter 1 and representatives of EU unit in MEDTTE. 2) Advanced trainings on amendments and newly adopted horizontal measures and vertical product legislation – this module would be comprised of several one-day workshops on specific EU acquis in Chapter 1, for specific sub-group on vertical product legislation. The module would need to be developed in close cooperation with IIWG for Chapter 1 according to identified areas (New and Old approach legislation) in which there is a lack of experience and knowledge and trainings are of utmost importance for successful preparation for the screening process. 3) Advanced trainings on Article 34 -36 of the TFEU and non-harmonised area - this module is recognised as a priority for the core members of IIWG, but also with participation of all members of the IIWG. The trainers would be experts from MS with the experience in this area. 4) Trainings on implementing measures and enforcement of harmonised national legislation in practice – this module will need to be developed following the establishment of market surveillance authority. The workshops and seminars within this module would be designed for employees for the market surveillance authority. The trainings should combine theoretical part with practical exercise on the field, involving the peer to peer exchange of best practices.In accordance with the received inputs from the members of the IIWG the emphasis should be onthe organisation of the trainings under module 2) and 3). Harmonisation of Economic and Trade Legislation with EU acquis Rruga Ismail Qemali, No3, 2nd Floor, Tirana, Albania T +355 4 2273424/2234365

The priorities for trainings refer to: 1) The principles of the Free movement of goods, Articles 34 – 36 of the TFEU, Mutual recognition principle, ECJ jurisprudence and relation with other freedoms and articles of the TFEU 2) Horizontal issues and New legislative framework (Regulation (EC) No 765/2008, Regulation (EC) No 764/2008, Decision No 768/2008/EC, Council Regulation (EC) No 2679/98 3) New Approach Legislation (Directive 2014/35/EU on LVD, Directive 2014/35 on lifts, Directive 2000/14/EC relating to noise emission in the environment by equipment for use outdoors, Directive 2014/68/EU on pressure equipment) 4) Old Approach Legislation (Regulation (EC) No 1907/2006 – REACH, Regulation (EC) No 2003/2003 relating to fertilizers) 5) Procedural measures – notification procedure –Directive 98/34/EC laying down a procedure for the provision of information in the field of technical standards and regulations (recently repealed by the Directive 2015/1535/EU laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services)In accordance with the Task plan for the preparation for the screening process for Chapter 1, thetraining deliveries should be organised following these priorities.The trainings should be organised by the EU unit of the MEDTTE, as a Secretariat for the IIWGfor Chapter 1 and in cooperation with the State school for public administration. Trainingsshould be obligatory for all members of the IIWG for Chapter 1.In addition to the content oriented trainings, which goal is to gain additional knowledge on therelevant EU acquis in Chapter 1, it is important to provide trainings to increase some othermethodological and technical competences of the members of the IIWG for Chapter 1. Thesetrainings should relate to strengthening of their strategic capacities and ability to thinkanalytically. Also, special attention should be given to the development of legal methodicalcompetencies in relation to the national legal order and EU competency.Before the screening process, the members of the IIWG should gain the knowledge about mainprinciples and sources of EU law and the resulting rules on transposition and application of EUlaw in domestic legal order. Civil servants should also gain the knowledge about the accessionnegotiations methodology. They should have the ability to assess priorities regarding theircompetences and prioritise the relevant tasks. Also they would need to have the generalknowledge about the domestic legal system and legislative drafting process. Of outmost Harmonisation of Economic and Trade Legislation with EU acquis Rruga Ismail Qemali, No3, 2nd Floor, Tirana, Albania T +355 4 2273424/2234365

importance is their capacity to assess EU legal documents with regard to their impact on nationallaws and by-laws in their own portfolio. These skills and competencies can be improved inparallel with the sector-based trainings on specific EU legal instruments within the Chapter 1.Annex 1 – Inputs from the members of the IIWG for Chapter 1Trainig Topic Please Duration and Remarks/Comments tick TentativePrinciples of the Free Movement of Goods and Training DatesNew Legislative Framework (part I) 3 1 day- Articles 34, 35 and 36 of the Treaty on theFunctioning of the European Union (TFEU); 3 1 dayMutual recognition principle; -relation withother freedoms and articles of the treaty; - ECJcasesPrinciples of the Free Movement of Goods andNew Legislative Framework (part II)-Principles of the General Product SafetyDirective; Conformity Assessment &Procedures; Conformity Marking, MarketSurveillance, and the respective albanianlegislationGeneral principles 3Articles 34, 35 and 36 of the Treaty on the 2Functioning of the European Union (TFEU);Regulation (EC) No. 764/2008 of the European 3Parliament and of the Council of 9July 2008laying down procedures relating to the 3application of certain national technical rules toproducts lawfully marketed in another MemberState and repealing Decision No 3052/95/ECCouncil Regulation (EC) No 2679/98 of 7December 1998 on the functioning of theinternal market in relation to the freemovement of goods among the MemberStates.Horizontal measuresRegulation (EC) No 765/2008 of the EuropeanParliament and of the Council of 9 July 2008setting out the requirements for accreditationHarmonisation of Economic and Trade Legislation with EU acquis Rruga Ismail Qemali, No3, 2nd Floor, Tirana, Albania T +355 4 2273424/2234365

and market surveillance relating to the 1marketing of products and repealing Regulation 2(EEC) No 339/93Regulation (EU) No 1025/2012 of the EuropeanParliament and of the Council of 25 October2012 on European standardizationDecision No 768/2008/EC of the EuropeanParliament and of the Council of 9 July 2008 ona common framework for the marketing ofproducts, and repealing Council DecisionNew approach legislation 3Directive 2014/35/EU of the EuropeanParliament and of the Council of 26 February 22014 on the harmonisation of the laws of the 2Member States relating to the making available 4on the market of electrical equipment designed 1for use within certain voltage limits (LVD) 3 2Directive 2014/30/EU of the EuropeanParliament and of the Council of 26 February2014 on the harmonisation of the laws of theMember States relating to electromagneticcompatibility (EMC)Directive 2009/48/EC of the EuropeanParliament and of the Council of 18 June 2009on the safety of toysDirective 2014/33/EU of the EuropeanParliament and of the Council of 26 February2014 on the harmonisation of the laws of theMember States relating to lifts and safetycomponents for liftsDirective 2006/42/EC of the EuropeanParliament and of the Council of 17 May 2006on machinery, and amending Directive95/16/ECDirective 2000/14/EC of the EuropeanParliament and of the Council of 8 May 2000 onthe approximation of the laws of the MemberStates relating to the noise emission in theenvironment by equipment for use outdoorsDirective 97/68/EC of the European Parliamentand of the Council of 16 December 1997 on theapproximation of the laws of the MemberStates relating to measures against theHarmonisation of Economic and Trade Legislation with EU acquis Rruga Ismail Qemali, No3, 2nd Floor, Tirana, Albania T +355 4 2273424/2234365

emission of gaseous and particulate pollutants 2from internal combustion engines to be 2installed in non-road mobile machineryCouncil Directive 89/686/EEC of 21 December 21989 on the approximation of the laws of the 3Member States relating to personal protectiveequipment (PPE) 2Directive 2014/34/EU of the European 2Parliament and of the Council of 26 February 22014 on the harmonisation of the laws of the 1Member States relating to equipment and 1protective systems intended for use in 2potentially explosive atmospheres (ATEX)Directive 2009/142/EC of the EuropeanParliament and of the Council of 30 November2009 relating to appliances burning gaseousfuelsDirective 2014/68/EU of the EuropeanParliament and of the Council of 15 May 2014on the harmonisation of the laws of theMember States relating to the making availableon the market of pressureequipment32010L0035Directive 2010/35/EU of the EuropeanParliament and of the Council of 16 June 2010on transportable pressure equipmentDirective 2014/29/EU of the EuropeanParliament and of the Council of 26 February2014 on the harmonisation of the laws of theMember States relating to the making availableon the market of simple pressure vesselsDirective 2000/9/EC of the EuropeanParliament and of the Council of 20 March 2000relating to cableway installations designed tocarry personsRegulation (EU) No 305/2011 of the EuropeanParliament and of the Council of 9 March 2011laying down harmonised conditions for themarketing of construction productsDirective 2013/53/EU of the EuropeanParliament and of the Council of 20 November2013 on recreational craft and personalwatercraftDirective 2009/125/EC of the EuropeanHarmonisation of Economic and Trade Legislation with EU acquis Rruga Ismail Qemali, No3, 2nd Floor, Tirana, Albania T +355 4 2273424/2234365

Parliament and of the Council of 21 October 22009 establishing a framework for the setting 2of ecodesign requirements for energy-relatedproducts 2Directive 2014/32/EU of the European 1Parliament and of the Council of 26 February 12014 on the harmonisation of the laws of the 1Member States relating to the making available 1on the market of measuring instruments (MID)Directive 2014/53/EU of the EuropeanParliament and of the Council of 16 April 2014on the harmonisation of the laws of theMember States relating to the making availableon the market of radio equipment andrepealing Directive 1999/5/EC (RTTE)Directive 2014/31/EU of the EuropeanParliament and of the Council of 26 February2014 on the harmonisation of the laws of theMember States relating to the making availableon the market of non-automatic weighinginstruments (NAWI)Directive 2014/28/EU of the EuropeanParliament and of the Council of 26 February2014 on the harmonisation of the laws of theMember States relating to the making availableon the market and supervision of explosives forcivil usesDirective 2013/29/EU of the EuropeanParliament and of the Council of 12 June 2013on the harmonisation of the laws of theMember States relating to the making availableon the market of pyrotechnic articlesCouncil Directive 75/324/EEC of 20 May 1975on the approximation of the laws of theMember States relating to aerosol dispensersCommission Directive 2008/47/EC of 8 April2008 amending, for the purposes of adapting totechnical progress, Council Directive75/324/EEC on the approximation of the lawsof the Member States relating to aerosoldispensersOld approach legislation 1Directive 2003/37/EC of the EuropeanHarmonisation of Economic and Trade Legislation with EU acquis Rruga Ismail Qemali, No3, 2nd Floor, Tirana, Albania T +355 4 2273424/2234365

Parliament and of the Council of 26 May 2003 1on type-approval of agricultural or forestry 1tractors, their trailers and interchangeable 1towed machinery, together with their systems, 2components and separate technical units 1Directive 2007/46/EC of the European 1Parliament and of the Council of 5 September2007 establishing a framework for the approval 1of motor vehicles and their trailers, and of 2systems, components and separate technicalunits intended for such vehiclesDirective 2002/24/EC of the EuropeanParliament and of the Council of 18 March 2002relating to the type-approval of two or three-wheel motor vehiclesRegulation (EU) No 168/2013 of the EuropeanParliament and of the Council of 15 January2013 on the approval and market surveillanceof two- or three-wheel vehicles andquadricyclesRegulation (EC) No 1907/2006 of the EuropeanParliament and of the Council of 18 December2006 concerning the Registration, Evaluation,Authorisation and Restriction of Chemicals(REACH), establishing a European ChemicalsAgencyRegulation (EC) No 1272/2008 of the EuropeanParliament and of the Council of 16 December2008 on classification, labelling and packagingof substances and mixtures (CLP)Directive 2004/10/EC of the EuropeanParliament and of the Council of 11 February2004 on the harmonisation of laws, regulationsand administrative provisions relating to theapplication of the principles of good laboratorypractice and the verification of theirapplications for tests on chemical substancesDirective 2004/9/EC of the EuropeanParliament and of the Council of 11 February2004 on the inspection and verification of goodlaboratory practice (GLP)Regulation (EC) No 2003/2003 of the EuropeanParliament and of the Council of 13 October2003 relating to fertilisersHarmonisation of Economic and Trade Legislation with EU acquis Rruga Ismail Qemali, No3, 2nd Floor, Tirana, Albania T +355 4 2273424/2234365

Regulation (EC) No 648/2004 of the European 1Parliament and of the Council of 31 March 2004 1on detergentsRegulation (EC) No 273/2004 of the EuropeanParliament and of the Council of 11 February2004 on drug precursorsProcedural measures 2Directive 98/34/EC of the European Parliament 1and of the Council of 22 June 1998 laying down 1a procedure for the provision of information in 1the field of technical standards and regulations. 1Council Directive 91/477/EEC of 18 June 1991 1on control of the acquisition and possession ofweapons, 1Directive 2008/51/EC of the European 1Parliament and of the Council of 21 May 2008amending Council Directive 91/477/EEC oncontrol of the acquisition and possession ofweaponsDirective 2009/43/EC of the EuropeanParliament and of the Council of 6 May 2009simplifying terms and conditions of transfers ofdefence-related products within theCommunity.Council Directive 69/493/EEC of 15 December1969 on the approximation of the laws of theMember States relating to crystal glassDirective 94/11/EC of the European Parliamentand of the Council of 23 March 1994 on theapproximation of the laws, regulations andadministrative provisions of the Member Statesrelating to labelling of the materials used in themain components of footwear for sale to theconsumerRegulation (EU) No 1007/2011 of the EuropeanParliament and of the Council of 27 September2011 on textile fibre names and relatedlabelling and marking of the fibre compositionof textile productsCommission Delegated Regulation (EU) No286/2012 of 27 January 2012 amending, inorder to include a new textile fibre name,Annex I, and, for the purposes of theirHarmonisation of Economic and Trade Legislation with EU acquis Rruga Ismail Qemali, No3, 2nd Floor, Tirana, Albania T +355 4 2273424/2234365

adaptation to technical progress, Annexes VIII 1and IX to Regulation (EU) No 1007/2011 of the 1European Parliament and of the Council ontextile fibre names and related labelling andmarking of the fibre composition of textileproductsCouncil Directive 89/105/EEC of 21 December1988 relating to the transparency of measuresregulating the prices of medicinal products forhuman use and their inclusion in the scope ofnational health insurance systemsDirective 2014/60/EU of the EuropeanParliament and of the Council of 15 May 2014on the return of cultural objects unlawfullyremoved from the territory of a Member StateTraining on implementing measures and 1enforcement of harmonised nationallegislation in practiceThe workshops and seminars within thismodule would be designed for employees forthe market surveillance authority. The trainingsshould combine theoretical part with practicalexercise on the field, involving the peer to peerexchange of best practices.Harmonisation of Economic and Trade Legislation with EU acquis Rruga Ismail Qemali, No3, 2nd Floor, Tirana, Albania T +355 4 2273424/2234365