TWINNING FICHE
Implementation of Integrated Border Management in Serbia
1. Basic Information
1.1Program: 2006 Budget
1.2Publication and Twinning number:SR 06 IB JH 01
1.3Title: Integrated Border Management project
1.4Sector: Justice & Home Affairs
1.5Duration: 18 months (not including the 3 months preparation phase)
1.6Beneficiary country: Republic of Serbia
2. RATIONALE
2.1 Strategic framework
With the break-up of former Yugoslavia into several independent states, new borders were created. This break-up lead to limitations in movements of persons, goods, capital and services, which in turn hampers economic and social development in the region.
All the ex-Yugoslavia states, including Serbia, have applied for EU membership. As free flow of persons, goods, capital and services is a corner stone in European Union policies, the European Partnership Agreement between the EU and Serbia encourages Serbia to develop and modernise institutions responsible for cross-border commerce facilitation and to ensure implementation of the Serbian Integrated Border Management strategy (IBM strategy), as well as the associated Action Plan (AP). The IBM strategy and the associated Action Plan are undoubtedly steps in the right direction. Furthermore, over the last three years EU has provided significant assistance towards IBM relevant services. However, only in February 2007, did the Serbian Border Police complete the take over of all borders from the army so Serbia still has a long way to go before it will be compatible with EU IBM standards and rules in the IBM area.
For the IBM strategy and the AP to be successfully turned into day to day practices this will require an unprecedented level of co-operation and coordination among all IBM relevant services regarding all aspects of IBM operations, including – but not limited to - at the border crossing posts. To achieve these goals it will be necessary a high degree of information sharing and setting joint strategic objectives. In addition, the internal, inter- agencies co-operation should be coupled with cross border cooperation with the sister services in neighbouring countries.
Finally, successful implementation of the IBM strategy and the associated AP requires a legal and institutional basis for all IBM relevant services. This is the basis for this twinning fiche.
2.2Complementary actions
Over the last four years the European Union, through the EAR, has implemented several EU funded projects pertaining to the border police, custom services as well as veterinary and phyto-sanitary services. While these projects have differed in project scope, they have all contributed to building administrative and operational capacity in the respective services. While some of the projects have provided technical assistance, others have centred on providing necessary equipment for the institutions to fulfil their mandates. Finally, significant funds have been allocated toward building infrastructure at selected border crossing points. With the adoption of the Serbian IBM strategy in January 2006 and the adoption of the associated Action Plan in June 2006 the required roadmap for further cross-institutional and inter-governmental cooperation is established.
Below is short description of some of the projects which have been undertaken or which are in process.
Physical infrastructure – Border CrossingPoints: The EU has through the EAR financed construction of border crossings stations at Horgoš, Batrovci and Preševo, all affecting Serbian part of the so-called Corridor X.
Physical infrastructure – Railways: The railway border crossing point at Dimitrovgrad railway station (bordering Bulgaria), represents the continuation of the intervention along the Corridor X and is scheduled for implementation in 2007.
In addition, from 2003 the EAR has managed project funds to support the Serbian police, including projects to facilitate improvements in the border police. Projects include assistance to develop an Action Plan as a follow up to the Integrated Border Management Strategy. Furthermore, the EAR has also provided assistance to the Ministry of Agriculture. In 2005, a Twinning project assisted with reform of the Serbian Veterinary and Phyto-Sanitary Inspections, development of new inspection procedures and modernisation of procedures at border crossing points. This lead to the adoption ofrevised legislation andrevised regulations.
As for the custom services they have received EU assistance from the CAFAO program, including training.
UNHCR has provided assistance to legal drafting of the State Union and the Serbian Asylum legislation and has trained border police officers in processing of asylum seekers.
The OSCE has also assisted the Border Police in various areas, typically with training, but OSCE has also facilitated dialogue among the different state services leading up to the drafting and adoption of the IBM Strategy as well as the Action Plan.
In 2004 and 2005, the CARDS Regional Program provided assistance to establishment of compatible legal, regulatory and institutional frameworks in the field of Visa (ICMPD) Migration (IOM) and Asylum (UNHCR).
These projects are only some of the IBM-relevant projects which have commenced over the last years but the listed projects illustrates the wide scope and variety in projects in this highly inter-related area and also illustrates why increase cooperation among services is vital to successfully reach the objectives established in the IBM strategy and the associated Action Plan.
3. Background and justification
The overall objective is to achieve “open borders” but, at the same time ensure that Serbia’s borders are controlled and secure. Furthermore, as Serbia has applied for EU membership IBM reforms should be compatible with EU IBM standards and norms.
This twinning project is one component of a broader IBM agenda. Its core objective is to facilitate institutional, operational and procedural reforms within IBM relevant services by assisting the Serbian authorities in implementation of Serbia’s IBM strategy and the associated AP in line with EU standards. Furthermore, this twinning is complementary to other on-going or planned EU funded projects in the IBM area.
The following institutions have core responsibilities pertaining to IBM matters: The Border Police (Ministry of Interior), Customs Administration (Ministry for Finance) and the Veterinary and Phyto-Sanitary Inspection (Ministry of Agriculture, Forestry and Water Management.) While each service has its own mandate and responsibilities in the IBM system it is critically important to coordinate and harmonise their work to the maximum extent possible with a view to establish functional and reliable cooperation among them. Provided this can be achieved these services will constitute the back-bone of an effective, harmonised and full service IBM system.
The Serbian IBM strategy (January 2006) outlines fundamental problems to be resolved. However, the strategy establishes a road map for development of sector specific strategies and implementation plans. The IBM strategy also defines responsibilities and mandates, sets strategic goals and outline basic directions for actions to be taken during the modernisation process.
The Action Plan (June 2006) outlines operational and organisational changes within the various IBM relevant services. It defines specific goals and objectives, inter-service relations, timelines and responsibilities of all participants in this modernisation process. The Action Plan is based on operational sub-strategies, which are part of the general IBM strategy.
The Serbian IBM strategy has been assessed by a team of external consultants, who has deemed it to be in compliance with the European Commission's Guidelines for IBM in the Western Balkan as well as compatible with core principles of the Schengen Catalogues of Best Practice. Consequently, the Serbian IBM Strategy and the associated Action Plan forms a basis for implementation of an Integrated Border Management policy as well as a starting point for reform and modernisation of IBM relevant services.
3.1 COUNTRY CONTEXT
After toppling the Milosevic regime in 2001, Serbia is gradually recovering economically and politically. Substantial donor support over the last six to seven years has played an important role in stabilising the situation and setting Serbia on track to pursue EU membership. Despite unresolved EU related matters,Serbia is making steady, albeit slow progress in key-areas, including in customs, police, and veterinary and phyto-sanitary services. Serbia has also begun in some cases with EU assistance, to rehabilitate run down physical infrastructure, including in IBM relevant areas. While some EU IBM relevant know-how and experiences have been implemented through a number of different programmes, a lot more needs to be done before Serbia’s Integrated Border Management system meets EU standards.
3.2 Cooperation related policy of beneficiary country
Serbia is seeking to harmonise (basic) legal and operational procedures among the different IBM relevant services. Focus is on improving traffic flow, including passage of trucks (TTFSE and CAFAO) as well as passenger vehicles and people (CAFAO) at the border crossing points but, also focuses on improving efficiency in other areas, including fighting organised crime (EAR). Furthermore, Serbia has engaged with its neighbours in order to improve IBM cooperation across borders. Finally, Serbia is actively engaged with a host of international organisations with a view to improve its IBM services.
3.3 Sector context and linked activities
Reconstruction of new and up-grading of existing important border crossing points have bolstered Serbia’s effort to re-integrate with its neighbours. Furthermore, all IBM relevant services have received training and equipment to facilitate better and more effective border control, including training pertaining to railway traffic and river traffic. Risk analysis and targeting has been introduced so not to stop each and every car but use this information to target examinations at the border. These improvements have been achieved largely through EU funded programs, but with bi-lateral assistance playing a significant role. However, only with the recent adoption of the Serbian IBM strategy and the associated Action Plan (AP) is there a comprehensive road map in place guiding further activities in the field of IBM. This Twinning will support the implementation of the IBM strategy as well as the AP and provide assistance and guidance; all in line with EU IBM standards and rules.
National
•On-going reforms of state administration based on the recently adopted Law on State Administration and Law on Ministries
•Implementation of legislation, for instance the new Police Act, the Aliens Act and Law on Asylum, Law on State Border Surveillance, Customs Law, Veterinary Law, Law on Health of Plants
•Establishment, mandate and organisation of Border Police
•Reform of border Veterinary and Phyto-Sanitary inspections/services
•Reform of Custom services
•In all IBM relevant services there are on-going capacity building projects and supply contracts (procurement of equipment) which will enable the services to enhance their performances.
International
While considerable EU assistance have been provided to the customs services (CAFAO), police (EAR), veterinary and phyto-sanitary services (EAR) several other donors have provided additional assistance to relevant IBM services. The United States, Germany, the United Kingdom (under the auspices of the EU) and the World Bank for instance have all provided substantial assistance in the area of trade facilitation and customs. The OSCE has played an active role in seeking to coordinate police reforms in general and within the border police in particular.
3.4 Roadmap for Serbia
Currently the Stabilisation and Association Agreement between the European Union and Serbia is suspended. However, becoming a member of the EU remains a strategic goal of the government. Amongst other things, this implies acceptance of EU IBM related standards and rules.
Consequently, in the short-term focus should remain on the following tasks:
•Drafting and adoption of primary and secondary legislation in the IBM field
•Implementation of the planned re-organization of IBM relevant services
•Continued capacity building internally in the IBM services, including continuous education and training
•Identification of shortages and gaps which potentially hampers the IBM services from fulfilling their mandates in fundamental areas.
In the mid-term focus should be on the following tasks:
•Implementation of all aspects of the Serbia IBM strategy and the associated Action Plan; ensuring tight and smooth cooperation and coordination among all services working on IBM matters throughout Serbia.
The long-term accomplishment of this overall objective will ensure compliance with the EU provisions in the IBM area.
4. DESCRIPTION
4.1 General objectives
The general objective is to improve the effectiveness and capabilities of state services responsible for Integrated Border Management in line with EU IBM rulesand standards.
4.2 Special objectives
The special objective is to facilitate implementation of the Serbian IBM strategy and the associated Action Plan in all relevant IBM services. This includes coordination of operations into a series of successive, complimentary, logic and customer friendly steps enabling the border police, customs, veterinary services and phyto-sanitary inspectors to carry out their respective responsibilities in a time and resource effective manner.
4.3 Activities - overview
The following is a list of activities to be completed in the border police, customs, veterinary and phyto-sanitary inspection services during the duration of this twinning project.
A / Drafting of primary and secondary IBM legislation. (Compatible with EU standards).B / Implementation of Memorandums of Understandings (MOU) between IBM relevant services completed.
Drafting of MOU’s required for cooperation with IBM services from neighbouring countries completed and implementation started.
C / Implementation of the Serbian IBM strategy and the associated Action Plan through support to the Serbian IBM coordination bodies (Policy level and Operational level)
D / Harmonisation of operational procedures to (i) improve cross-service co-operation within IBM relevant services completed. This includes facilitation of dialog among the services, including management dialogue.
E / Complete a “what works/what doesn’t work” review, lessons learned, best practices, including dissemination.
F / Strengthen the services capacities for fast adoption of new procedures, legislative requirements and capability for cross service and cross border cooperation.
G / Development and delivery of IBM relevant training for selected staff. This training component should take into account what have been achieved or is on-going under current projects so not to overlap and duplicate training efforts.
H / Staff trained in revised procedures. In addition to their specific role enhance the staffs understanding of the necessity for day to day cross service co-operation.
I / Assistance to review and finalise a Human Resource plan provided.
4.4 Detailed activities
The following list of activities refers to the border police, customs; veterinary and phyto-sanitary inspection. By the end of this project is expected that all described activities have been completed. It is recognised that implementation of revised or new primary legislation depends on passing of legislation in Parliament. However, every effort should be made to speed up this process so drafting of secondary legislation and revised operational procedures can be completed within this project as well.
- Legal and regulatory framework
•Draft and implement relevant primary legislations in the IBM field in line with EU standards and IBM policies (Schengen Catalogue, EC Regional Guidelines for IBM in Western Balkans, other EU standards and norms and preparation of legislation for adoption)
•To the extent possible draft and implement relevant secondary legislation (regulations, operational orders, instructions and standards) to support implementation of primary legislation
•Review IBM cooperation with neighbouring countries and draft (or up-date) existing MOU’s between cross-border sister IBM services
•Harmonisation of additional IBM related legislation (e.g. migration, asylum, and visa)
- Organization and management
•Support integration of the IBM border services within the respective services mandates as defined by law and in accordance with the Serbian IBM strategy and AP
•Support completion of the organisational (re-)structuring of the IBM (border) services
•Support training of relevant staff working in the IBM services. Specifically, examine the training needs; develop and subsequently carry out this training
•Support the objectives of the IBM coordination committee as well as support potential cross-service [ad hoc] working groups enabling them to fulfill their objectives
• Supportthe operational capacities of the IBM relevant institutions enabling them to enhance effective cross-border operations with sister organisations in neighbouring countries
•Update the IBM Strategy and Action Plan as needed based on new EU IBM developments to emerge during project implementation
•Towards the end of the twinning project provide a status report regarding the IBM services’ technical, institutional and operational capacities compared to EU standards and norms.
- Procedures
In cooperation with the relevant services the twinning project shall:
•Examine and evaluate procedural and administrative rules under which the IBM services operate with a view to identify potential short-comings and/or redundancies
•Examine standard operational procedures within IBM services with a view to identify and abolish irrelevant or redundant procedures and potentially come up with new and more effective procedures
•Where required, develop effective procedures for IBM activities, including harmonization and rationalization of border crossings procedures
•Support drafting of service directives and subsequently support implementation. This includes instructions and operating manuals for border policing (and/or amendments to applicable sections of service-wide rulebooks,) based on EU standards and norms
•Develop sets of operational procedures for emergency situations, e.g. epidemic outbreaks, terrorism etc. This includes drafting procedures regarding co-operation with sister services in neighbouring countries
•Draft a simple set of guidelines regarding the concept and methodology regulating mutual cooperation among IBM services.
- Education and training
- Review and analyze existing curricula for education and training, basic as well as in-service training, across all IBM services
- Drafting a training strategy for border services and revise existing training material accordingly
- Following endorsement of the training strategy by the relevant authorities, conduct train-the-trainer courses preparing selected trainers to conduct service-wide and country-wide trainings
- Identify specialised training needs for all border services (e.g. train Border Police staff in asylum procedures) not otherwise covered and totheextent possible either conduct this training or enable the relevant services to carry out this training.
E. Human Resources