Strengthening Cooperation with the EU

Objective 1

Strengthening cooperation with the EU

This objective is not linked to specific provisions of the Action Plan. Its aim is to present a general overview of the country’s commitment toward the development of its cooperation with the EU and the implementation of the ENP agreements and associated Action Plans.
Evaluation
relevant?
(Yes / No
) / Question / Yes / No / Notice
Excellent / Adequate / poor
Grade / 3 / 2 / 1 / 0
policy
1 / Has a policy declaration on integration/cooperation with the EU been adopted? / 3 / The cooperation between EU and Georgia is defined by partnership and cooperation agreement signed in 1999.
The Action Plan between EU and Georgia under the EU Neighbourhood Policy has been signed in 2006.
The issue of EU and Euro- Atlantic integration is underlined in national security concept, as well as Foreign policy strategic paper 2006-2009 highlights: “Establish Georgia’s place in the common European family by deepening integration with the EU and joining NATO”, as well as in all governmental annual programs.
In addition, according to parliament decree N2026 of 28 March, 2003, it is recognized that EU and Euro- Atlantic integration represents major the major priority of Georgia’s internal and external policy, and requests government to start negotiations on this issues.
2 / Has a strategic policy instrument for the implementation of the Action Plan been adopted?
If yes, does it have legal status? / 1 / European Neighborhood Policy Action Plan Implementation Plan - ENP APIP) elaboration was defined by the Resolution #498 of Government of Georgia November 22, 2006 on "Design of the Governmental Plan for implementing EU-Georgia Action Plan within the framework of European Neighbourhood Policy."
State Ministry of European Integration prepared the detailed Action Plan Matrix on the basis of activities provided by ministries. The plan covers 311 different activities to achieve goals and objectives described in ENP, entities responsible for their implementation, expected results and evaluation indicators, timeline for implementation and funding sources.
Action Plan-Matrix was discussed twice during the sessions of the Government of Georgia.It was rejected during the first hearing. Main comments were that the plan was far too detailed and the Government of Georgia would not be able to implement it and extra regulations included in the plan would hinder the establishment of the free market.
Finally, each year the annual implementation strategy on implementation of ENP is adopted.
3 / Do legislative programming instruments[1] incorporate the adoption of legislation necessary for the implementation of the Action Plan?If yes, does it set clear deadlines? / 0 / The implementation matrix (see above) defines the specific legal documents adoption and deadlines for that, annual implementation strategy documents, as expected do not contains any deadlines, responsible agencies and indicators.
4 / Does the working plan of the relevant ministries integrate steps for the implementation of the Action Plan?
If yes, does it set clear deadlines? / 1 / The Action Plan implementation Matrix was elaborated by State Minister on EU and EuroAtlantic Integration based on information presented by Ministries, within the framework of middle term 2006-2009 budgetary planning, however in some areas the matrix was more progressive and in line with Action plan priorities and goals. From Matrix the number of activities has been transfer in yearly plans adopted later, however, without clear deadlines and naming of responsible agencies, the same way the annual action plans is integrated in working plans of ministries
Institutional Aspects
5 / Within the Ministry of Foreign Affairs has a department on cooperation/integration with the EU been set up[2]?evropasTan / 3 / The ministry of Foreign Affairs has two departments: European integration and EU affairs one.
Actually, in Georgian government created the Commission on EU integration, that is chaired by Prime-Minister, deputies are the State Minister on European and Euro-atlantic Integration and Minsiter of foreign affairs. The commission joins all ministries, and interministrial council is created by representatives of respective ministers, and chaired by State Minister on European and Euro-atlantic Integration, who has a competence to coordinate all issues around implementation of ENP.
6 / Have government officials received training on cooperation/integration with Europe? / 2 / The State minister apparatus staff on European and Euro-Atlantic Integration, as well as respective ministry representatives getting trainings in different sectors on EU related issues, that is prepared by different donor organisations on ENP policy issues.
7 / Does the Government provide information to the public on cooperation policy and activities with the EU? / 2 / There is the web site of the apparatus of the State minister on European and Euro-Atlantic Integration , that gives practical information about the work done by government under the ENP policy.
Twice in a year government organized high-level conference on implementation of ENP and by invitation could be attended by NGOs.
8 / Does the Government monitor regularly and officially the Action Plan’s implementation? / 1 / Twice a year the government publish the report on Implementation of ENP, however, due to the not existent of concrete dedalines and indicators, the reporting in innefctive. Often information provided by ministries about implemented activities does not refelctes reality.
Co-Operation on EnvironmentalIissues
9 / If a policy instrument has been adopted for the implementation of the Action Plan, does it describe specific actions and deadlines for achieving environmental objectives? / 1 / The plan Matrix 2007-2010 that has not been adoped describes specific actions and deadlines to achieve the environmental goals.
The adopted annual plans are more general and not time specific.
10 / Do legislative programming instruments provide for the adoption of the legislation necessary for the implementation of the environmental objectives of the Action Plan? / 0
11 / Does the working programme of the Ministry in charge of the Environment provide for the adoption of legislation necessary for the implementation of the environmental objectives of the Action Plan? / 1 / The Annual workplans of the Ministry if environment, as well as midterm budgetary plans define number of area primary fall under the Georgia-EU Action Plan, and its implementation e.g. integrated water management, waste and others require first of all drafting of legislation.
Country-specific questions
12 / Do country legislation requires harmonisation with EU one. ? / 1 / The article 43 of Partnership and Cooperation Agreement (PSA) between Georgia and EU, Georgia takes commitment to harmonize its legislation with EU one.
Based on Decree of President of Georgia N613, 14th June, 2001, was elaborated strategy for harmonization Georgian Legislation with EU legislation. On May 8th, 2004 the government of Georgia adopted the “National Program for harmonization Georgian legislation with EU legislation”
13 / Do country has EU integration strategy and action plan / 0 / Taking into account that according to the different political statements the EU integration represents major priority for Georgia, from that points of view Georgia needs to develop strategy and action plan how to integrate with EU
14 / Do there were country national environmental legislation harmonisation with EU directives after the adoption of AP / 0 / No activies has been undertaken in that regard. In some cases, there were rather regression, than progress. E.g with regard of directives 90/313/EEC, 85/337/EEC, 97/11/EC, 2001/42/EC
Total assessment
Total assessment
(3x number of questions) / 16/14/42
Total Score = % of maximum score obtainable / 38% / %
Comments, explanation and recommendations regarding the overall assessment:
–Georgia signed number of the documents with EU that defines cooperation with EU , including PSA, ENP Action plan and etc. However, as EU integration reveals to be the major priority of Georgia, there is a need to define strategy and action plan on EU integration. There is a need to have the clear implementation plan on EU-Georgia Action Plan, that would include clear deadlines, indicators, responsible agencies.
–The progress against the harmonisation process should be evaluated and new Harmonisation program should be drafted.
–Despite the fact that twice in year government reports on implementation of the ENP AP, there is a clear lack of objective monitoring and evaluation system. Often State ministry provided by the relevant ministries with misinterpreted/overestimated information due to the absence of strong and independent monitoring and evaluation system.
–Georgia has good institutional set up for implementation of the ENP. However, there is a need for further strengthening of coordination and collaboration between relevant ministries and State Minister apparatus on EU integration.
–Ministry of Environment in its annual planning’s covers number of priority areas from Action plan, however, some actions in legislative field push environmental legislation far back from the Environmental Directives of EC.

Objective 2

Assessing the level of EU commitment
This objective is not linked to specific provisions of the Action Plan, except where it concerns EEA activities. Its aim is to present a general overview of the EU’s commitment to supporting the neighbouring countries in their implementation of the ENP agreements and associated Action Plans.
For EEA, please add relevant reference from the AP.
Enhance co-operation on environmental issues
Possible participation in selected European Environment Agency activities.
Evaluation
relevant?
(Yes / No
) / Question / Yes / No / Notice
Excellent / Adequate / poor
Grade / 3 / 2 / 1 / 0
EC support in civil society actions
1 / How active is the EC in communicating and supporting civil society actions? In particular, in your activities, are the delegation officials easily accessible and ready to share information?[3] Has the EC set up a capacity-building system and/or information mechanisms for civil society actors? / 2 / The staff of the delegation is easily accessible, in case of requesting of information if the documents are not confidential is easily to shared. The materials related to EC delegation work and basic of Georgia–EU relations is available on web site. The specific capacity building and or information mechanism for civil society actors is not setup
2 / How active is the EC in involving civil society actors in the preparation and adoption of programs, reports, etc.? / 2 / Georgian CSOs and the local delegation have very successful cooperation, which in part is the result of the adherence to the principle of openness on the delegation’s part. Accordingly, the effect of such cooperation/consultations would increase if there were clear guidelines and a structure for considering inputs from civil society during planning (programming) cycle, including CSP & NIP review and preparation processes.
ENPI
3 / Do projects funded by ENPI[4] address the needs of your country in order to implement the environmental objectives of the Action Plan? / 1 / While NIP specifically do not identify the environment as priority sector for financing , the regional IP and CBC plans include funding for fulfilment of Environmental objectives, as well as energy and trans-Eoropesn transport network development. Eastern regional IP underlines importanance of sustainable management of natural resurces, that includes water, or CBC projects that includes Black Sea environmental project.
4 / Do the environmental projects funded by ENPI[5] under the current annual programming address satisfactorily[6] the environmental priorities set by your country for implementing the Action Plan? / 1 / Only CBC and some regional programs envisaged environment as priority, howver they are also addressed to the regional priorities, rather than national ones.
5 / Does the share of ENPI funds allocated to environmental projects under the country programme reflect the importance of the environmental objectives of the Action Plan? / O / There is no funding under the country program for environment
6 / Is ENPI funding for environmental projects available for civil society in the country? If yes, is it easily accessible (e.g. amount of grants and co-financing required, procedure, etc.) / 1 / Only muticountry thematic environment programs could be accessible for CSOs. The issues of cofinanacing, relevancy of multistate Programs with country priorties represents issue for CSOs
EEA’s activity
7 / Has the region been supported by the EU (including financially) to participate in EEA’s activities? If yes, has the country benefited from this program (e.g. capacity-building, data collection)? / 0
Bilateral cooperation
8 / Is some form of bilateral cooperation with EU Member State(s) in place with your country in the field of the environment? / 3 / Germany, Norway, Netherlands, Finland, Sweden support Georgia in environmental protection
9 / If yes, do projects funded by the MemberState(s) address the needs of your country in order to implement the environmental objectives of the Action Plan? / 2 / Each donor has its own priorities already develop far beyond the ENP, however new projects usually correlates with ENP.
Country-specific questions
Overall assessment
Overall assessment
Score of 0 to 21 (3x number of questions) / 12/9/21
Total Score = % of maximum score obtainable / 57% / %
Comments, explanation and recommendations regarding the overall assessment:
Georgian CSOs and the local delegation have very successful cooperation, which in part depends on the principle of openness on the delegation’s part. Accordingly, the effect of such cooperation/consultations would increase if there were clear guidelines and structure for consideration of public opinion during planning (programming) cycle, including CSP & NIP review and preparation processes, and wider audience of NGOs would be able to be involved in EU decision-making processes.
From another hand, on country level it is important that EC delegation support so called Trialog process, to have the open thematic discussions on implementation of ENP action plan, jointly with civil society and governmental representatives.
EC should play more important role to highlight the need of sustainable development and environment protection, as it is stated in Georgia-EU action plan. For that purposes it is crucial to add the environment as a sub-priority in National Indicative Program 2010-2013 for Georgia and financed environmental objectives.
Background Information
relevant?
(Yes / No
) /

Question

/

Notice

What is the share of ENPI funds allocated to environmental projects under the previous country annual programming? / 0%
What is the planned share of ENPI funds allocated to environmental projects under the current country annual programming? / 0%
Environmental projects from which your country benefited under the previous annual ENPI programming and their amounts. If possible break down into country, regional, and CBC programmes.[7] / - / Under the The Tacis Regional Cooperation Strategy Paper and Indicative Program 2004-2006, in 2008 was signed Trans-Boundary River Management Phase II for the Kura River basin – Armenia, Georgia, Azerbaijan, for continuation of implementation of EU WD.[8]
Same as above, for current annual ENPI programming. / N/A / CBC program, in 2008 year budget allocates 6.250 mln Euro for “Black SeaBasin”Program, implementation will start in 2009
2007-2013 ENPI East regional Neigborhood IP prioritize “Improving Forest Law Enforcement and Governance (FLEG) in the ENP East countries and Russia”, that allocated 6 mln Euro. It is very difficult to estimate how much it would go to Georgia.
Projects with potential damaging impacts for the environment under the previous annual ENPI programming and their amounts. If possible break down into country, regional, and CBC programmes. / N/A
Same as above, for current annual ENPI programming. / N/A
Environmental projects from which your country benefited under the previous annual programming under the thematic programme for the environment and sustainable management of natural resources, including energy (ENRTP). Their amounts[9]. / N/A / The Environmental Collaboration for The Black Sea, Georgia Moldova, Russia and Ukraine, total budget 2,2 mln Euro.
There is two components specifically for Georgia: 1. Work on approximation with the EU water requirements. 2 .Integrated coastal zone management.
Under the first component would be prepared: policy paper on key principles and policies in the EU water sector, draft convergence plan, and draft concept for a new framework Water Law.
Under second component ISZM strategy paper already elaborated (but not adopted)
Same as above, for the current annual programming. / N/A /

Tacis project on Water governance in Western EECCA region as a specific objective is to have water legislation improved, implemented and enforced, approaching EU standards. Further to ensure fair distribution of water from resources available between beneficiary countries and consumers. The total project budget s 2.2. mln EU.. Implementation starts in 2008.

Does your country benefit from capacity building and technical assistance programmes (e.g. TAIEX, twinning, participation in EEA activities) in order to address environmental issues in the country? /

Not yet, however, Minsitry of Environment Protection and Natural Resources is one of the possible recipient under the Taex and twinning programs.

Comments:
Actually EU visibility in financing of environmental projects is quite low, as due to the scarcity of the funds, as well as due to the some overlapping activities with other international donors. Better strategy on coordination and transparency among donors would be great to achieve. The use of the modern technologies, as web databases be used to make information available to all interested parties.
Below is attached citation from academic research on Kura Araks river Basin: “Major regional projects related to transboundary water resource management are: the EU TACIS Joint River Management Project (TACIS JRMP) in cooperation with UNDP, the NATO-OSCE South Caucasus River Monitoring Project and USAID’s South Caucasus Water Management Project. Even though most of the projects are related to each other there is little or no cooperation or data-sharing among the organizations and agencies. Nearly all the projects have common goals and activities or overlapping actions[10]”
.
Taking into account that number of the regional projects in environmental sector is higher than national ones, it is important to have one web source of information that would put whole picture, what are the projects implemented by EU.
Objective 3
Ratifying environmental international Conventions and Protocols
Relevant text in the Action Plan:
Enhance co-operation on environmental issues
Implement provisions under the Kyoto Protocol and the UN Framework Convention on Climate Change including through the active cooperation under the Clean Development Mechanism;
– Participate actively in the Danube – Black Sea Task Force and the Black Sea Commission to implement a trans-boundary approach to water management; ensure active participation in the Eastern European, Caucasus and Central Asia component of the EU Water Initiative;