Update to the contribution to the progress report on the process of accession of the republic of macedonia to the european union



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GOVERNMENT OF THE REPUBLIC OF MACEDONIA


UPDATE TO THE CONTRIBUTION TO THE PROGRESS REPORT

ON THE PROCESS OF ACCESSION OF THE

REPUBLIC OF MACEDONIA TO THE EUROPEAN UNION

JUNE 2008 – SEPTEMBER 2008

SKOPJE

SEPTEMBER 2008
Contents

KEY PRIORITIES 3

I POLITICAL CRITERIA 23

The Memorandum of Understanding on the Future of the South Eastern Europe Health Network in the framework of the South East European Co-operation Process (2008 and beyond) is in ratification procedure. The Health Network of SEE countries is an Initiative of Ministers of Health of Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Moldova, Romania, Serbia, Monte Negro and Macedonia, as well as their partners: Council of Europe, World Health Organisation-Regional office for Europe, Development Bank of Council of Europe, Ministries of Health of Republic of Slovenia, Hungary And Greece, which was developed by the Stability Pact. 28

II ECONOMIC CRITERIA 29

III CAPACITY FOR ASSUMING OBLIGATIONS FROM EU MEMBERSHIP 35

3.1 FREE MOVEMENT OF GOODS 35

3.2 FREE MOVEMENT OF WORKERS 37

3.3 RIGHT OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES 39

3.4 FREE MOVEMENT OF CAPITAL 40

3.5 PUBLIC PROCUREMENT 41

3.6 COMPANY LAW 42

3.7 INTELLECTUAL PROPERTY LAW 44

3.8 COMPETITION POLICY 46

3.9 FINANCIAL SERVICES 47

3.10 INFORMATION SOCIETY AND MEDIA 50

3.11 AGRICULTURE AND RURAL DEVELOPMENT 60

3.12 FOOD SAFETY, VETERINARY AND PHITOSANITARY POLICY 62

3.13 FISHERY 65

3.14 TRANSPORT POLICY 66

3.15 ENERGY 69

3.16 TAXATION 73

3.17 ECONOMIC AND MONETARY UNION 75

3.18 STATISTICS 77

3.19 SOCIAL POLICY AND EMPLOYMENT 81

3.20 ENTERPRISE AND INDUSTRIAL POLICY 85

3.21 TRANS-EUROPEAN NETWORKS 87

3.22 REGIONAL POLICY AND COORDINATION OF STRUCTURAL INSTRUMENTS 89

3.23 JUDICIARY AND FUNDAMENTAL RIGHTS 92

3.24 JUSTICE, FREEDOM AND SECURITY 96

3.25 SCIENCE AND RESEARCH 103

3.26 EDUCATION AND CULTURE 106

3.27 ENVIRONMENT 112

Activities for the finalisation of the regional project named Southeast European Climate Change Adaptation Framework Action Plan coordinated by the REC Regional Office in Belgrade in collaboration with REC country office, financed by Norwegian Government are on going. 116

3.28 CONSUMER PROTECTION AND PUBLIC HEALTH 122

3.29 CUSTOMS UNION 124

3.31 FOREIGN, SECURITY AND DEFENCE POLICY 134

3.33 FINANCIAL AND BUDGETARY PROVISIONS 137



KEY PRIORITIES

In terms of the Key Priority I relating to ENSURE PROPER IMPLEMENTATION OF ALL COMMITMENTS UNDERTAKEN UNDER THE STABILISATION AND ASSOCIATION AGREEMENT the following progress has been achieved.


Pursuant to Article 5 Par. 3 of the SAA and taking into account that on April 1, 2008 four years have passed since the entry into force of the SAA, the Government of the Republic of Macedonia initiated the passage into the second phase of the implementation of the Stabilisation and Association Agreement.

The EC has started with the evaluation of the current situation in the specific areas as stipulated by the SAA and has asked for up-to-date information concerning the areas by answering the questions related to the II phase of the SAA.


The Republic of Macedonia has sent the Answers to the Questions on the Initiation of the Second Phase of the Implementation of the Stabilisation and Association Agreement (SAA) in July 2008 and the up-date of the Questions in August 2008 along with annexes (the translated versions of the relevant Laws and other legal acts).
A review of the implementation of SAA has been prepared and it was adopted by the Government.
In September the Protocol on the Stabilisation and Association Agreement to take into account the accession of Bulgaria and Romania was ratified by the Assembly.

Strict monitoring of compliance with the SAA has been introduced and implemented.


Electronic communications
Amendments to the Law on Electronic Communications have been adopted (Official Gazette of RM 98/2008 from 04.08.2008) envisaging termination of the Concession Agreements. The amendments became operational 30 days after the adoption and no objections were received by the former concession holders. The amendments provided for additional regulation related to the number portability before this service became operational. As recommended by the European Commission, the amendments envisaged abolition of the right given to the Commission of Electronic Communications to decide in secondary appeal procedure, i.e. introduction of the right of legal protection against the decision of the Director of the Agency for Electronic Communications. In addition, before reaching a decision, the Director is obliged to send warning notice to the operator to remove a violation. Thus, the appeal procedure is now harmonised with Article 4 of the Framework Directive 2002/21/EC.
In regard to the implementation of the competitive safeguard measures regulated with article 146 of LEC, the following has been achieved:
Regarding the provision of minimal set of leased lines, in June/July 2008 the Agency drafted new Rulebook on providing minimal set of leased lines by the operator with significant market power of the relevant market for retail sale of products and services number 7 determining more strictly obligations of the SMP operator for providing minimal set of leased lines. In addition, control of prices for separate types of leased lines has been determined, mandatory elements of contracts for providing minimal set of leased lines towards greater user protection has been prescribed, and even more important is determination of concrete deadlines for producing minimal set of leased lines. The Agency for Electronic Communications has already rendered a Decision containing remedies for the SMP operator (AD Mak Tel) based on the revised Rulebook.
The Rulebook setting the level of thoroughness of the information to be published in the RUO and the manner of their publishing was revised and upgraded. The novelties provide for abolishing of the condition for subscriber agreement between operator with significant market power and subscriber in case of realization of completely unbundled access to local loop, regulation of so called naked ADSL as well as service level agreement (SLA) that would provide better conditions for development of competition.
The revision of the Rulebook for access and usage of specific network facilities represents further alignment with the Access Directive setting this obligation for provision of access and usage of specific network facilities only as an obligation for the SPM operators in the relevant markets. The revised Rulebook 1.specifies the procedure for request for access and the procedure that can be instigated in front of the Agency for justification of the rejection in case the request for access is denied;2.determines deadlines for concluding the contract and the deadline for implementation of the obligation to provide the access to the specific network facilities; 3.provides for mandatory sanctions for disrespecting the deadlines for acting upon the request, realization of the obligation and the quality of the service.

The Rulebook on the provision of terminal and/or trunk segments of leased lines defines the obligations, manner and procedure for provision of terminal and/or trunk segments of the operator with significant market power on relevant markets for wholesale of products and services number 13 and 14. The application of the principles for: 1.Access to terminated and transferable leased lines segments, 2.Nondiscrimination; 3.Transparency; 4.Price control and obligation for cost accounting; 5.Separate accounting, will enable the use from other operators and/or service providers of electronic communication services. The Agency for Electronic Communications has already rendered a Decision containing remedies for the SMP operator (AD Mak Tel) based on this Rulebook.


Rulebook on the manner of performing separate accounting for actions related with interconnection and/or access defines the methodologies for distribution of the costs and the income for providing the necessary quantity of relevant services on a relevant market, for the SMP operator on the relevant market, on relevant markets not only for the fixed but also for mobile telephone networks and services.

The Agency has also adopted Methodology for analysis of relevant markets as an internal Guideline based on which the Agency will define the relevant market and will undergo the relevant market analysis, as well as determine the SMP operators on the relevant markets and prescribe the obligations to the SMP operator of the actual market.


For the purposes of a more effective and more efficient regulation of the electronic communications market, the Agency adopted Rulebook for providing transparency of the work of the Agency for Electronic Communications and for publishing information related to the work of operators of public communication networks and public communication service providers.
In order to determine procedure for dispute resolution as one of the important competences of the Agency, the Agency has adopted Rulebook on dispute resolution.
In July 2008 the Rulebook on number portability was amended setting a deadline for the testing period of the number portability system up to 31.08.2008. From the 1st of September 2008 the number portability service is in place and operational.
The Agency has also drafted:

  • Rulebook on Bitstream access and resale of Bitstream service

  • Rulebook on the retail regulation of fixed telephone networks and services

  • Rulebook on the wholesale line rental

  • Rulebook on the level of thoroughness of the information to be published in the RIO and the manner of their publishing

These Rulebooks were opened to public debate till mid September, the comments submitted by the stakeholders were considered and these bylaws are now submitted to the Commission of the Agency for official approval.

Further details about the Rulebooks and the acquis they are aligned with are outlined in chapter 10.

In terms of the Key Priority II relating to the ENHANCEMENT OF THE POLITICAL DIALOGUE AND THE EFFICIENT WORK OF THE MACEDONIAN PARLIAMENT, the following progress was noted: The new Assembly held its inauguration session on the 21st of June. On Its first session, the new President of the Parliament was elected – Mr. Trajko Veljanovski, from VMRO-DPMNE. On 23rd of June, the President of the Republic officially gave the mandate to the leader of the political party that won the elections – Mr. Nikola Gruevski, from VMRO-DPMNE.


The Parliament started off with intense legislative work in order to reduce the back-log of laws in procedure from the previous term. This resulted in a large number of adopted laws, related to fulfilment of the Accession Partnership priorities, as well as key reform projects. The Government of the Republic of Macedonia submitted prioritised 143 laws and submitted them to the Parliament. Laws relevant to the benchmarks were prioritised. 72 of the adopted laws were related to the harmonisation with the Law on Misdemeanours, while 33 are part of the Regulatory guillotine project and further 14 - as planned in the Measures and Actions for implementation of Key Priorities of the Accession Partnership.
On 26 July, the Government headed by the leader of the political party that won the elections – Mr. Nikola Gruevski from VMRO-DPMNE, was elected by the Parliament.

By the end of August, members of parliamentary committees were appointed, according to the principle of proportionality of political groups.
The Parliament of the Republic of Macedonia on its second session on 26th of June, adopted the Decision for establishment of a Budgetary Council to ensure the financial autonomy of the Parliament and improve its effectiveness in regard to the adopted Action Plan. The Council is responsible to plan and allocate the financial need of the Parliament and propose the financial implications to the Government in order to be included in the Budget of the Republic of Macedonia. Members of the Council were appointed and it started functioning. The Council drafted the projections for the Budget of the Assembly in 2009, taking into account the Action Plan for the Improvement of the Operation of the Assembly.

The Parliament of the Republic of Macedonia adopted the Rules of Procedure (Official Gazette of the Republic of Macedonia no. 91/08). Prior to the adoption, the Rules of Procedure were consulted with international and domestic experts. Moreover, the new Rules improve the role of parliamentary committees, therefore, strengthening the legislative power of the Parliament. The Deputy President of the Parliament was elected from the opposition (SDUM), as provided in the new Rules of the Procedure increasing the role of the opposition in the agenda setting of the Parliament.


The President of the Assembly holds regular consultation meetings with political group coordinators to ensure agreement on the operation of the Parliament. A Representative of the Government and his deputy were appointed to represent the Government at the meetings of leaders of the parliamentary groups to present the proposals of the Government.
The Action Plan for functioning of the Parliament is being implemented.

Radmila Shekerinska from opposition SDUM was re-elected as the chair of the National Council for Euro-Integration, and Silvana Boneva from VMRO-DPMNE as a Deputy Chairperson. The National Council held its first session discussing the implementation of the Measures and Actions for implementation of Key Priorities of the Accession Partnership. The Council approved the Report submitted by the Secretariat for European Affairs and called on all parties involved in the implementation to intensify their efforts as to fulfil the priorities, in order that accession negotiations be launched.


The Parliament adopted the Law on the Use of Language Spoken by at least 20% of citizens in the Republic of Macedonia and in the Local Self-Government Units. The use of the Albanian language, as one of the issues of implementation of the Ohrid Framework Agreement has been long discussed by the major political groups in the country. The Law grants improved use of the non-majority language spoken by at least 20% of the citizens of the Republic of Macedonia by the MP’s in the Parliament (Committee sessions, materials of the Assembly).
The Law on advancement and protection of the rights of non-majority communities representing less than 20% of the population in the Republic of Macedonia (Official Gazette of the Republic of Macedonia no.92/2008) was adopted. The Law determined the procedure for monitoring the advancement of the protection of the rights of the non-majority communities representing less than 20% of the population in the Republic of Macedonia. The Law establishes an Agency for realisation of the rights of these communities responsible for harmonisation of the work of the State Administrative bodies regarding the questions which refer to the implementation of the Framework Agreement and refer to the advancement and protection of the rights of the communities representing less than 20% of the population in the Republic of Macedonia.
The Committee on Relations of Communities is fully functional.
The President of the Parliament enacted new Rulebook on the Internal Order of the Parliament in line with Article 236 of the Rules of Procedure. With the new Rulebook, the Parliament establishes separate security services for keeping the order in the Parliament.
In September the Government adopted an Action Plan to address the recommendations of the OSCE/ODIHR report on the early elections held in June 2008. The amendments to the Electoral Code, drafted on the basis of the Action Plan are now subject to discussion including all political parties.

On 14th August, the President of the Republic of Macedonia and the President of the Assembly of the Republic of Macedonia had a meeting on the issue of the procedure for promulgation of laws. A common release was issued, stating the joint assessment that the issue has arisen from legal gaps, imprecision, as well as some inconsistencies in the application until now by the Assembly and by the Presidents. They agreed that there is a need to additionally fill in existing legal or procedural gaps and specify the provisions, especially concerning the terms. The procedure to address the outstanding issues was agreed and abided to.


The President of the Republic and the Prime-Minister continue to hold regular meetings on key issues of national interest.

In terms of the key priority related to the EFFECTIVE IMPLEMENTATION OF THE LAW ON POLICE:


All 38 commanders of police stations were appointed. 32 commanders were selected with the majority of votes of the total number of counsellors by the Council of the municipality (29 were appointed after submission of the 1st list, while 3 (Bit Pazar, Demir Hisar and Struga) upon submission of the second list. Since the councils of the municipalities in Kumanovo, Debar, Gevgelija, Tetovo and Stip didn’t elect one of the proposed candidates within 15 days from the day of the submission of the second list, the remaining commanders were appointed by the Minister with previous consultation with the Government from both lists of candidates proposed by the Minister, as well as three additional candidates, proposed by the Council of the respective municipality (according to article 24, paragraph 4 of the Law on Police).
As of 21.09.2008 the first phase of the training on managerial skills for all commanders of police stations with general competence started and the first group has already passed the training. It consists of 2 phases in duration of 10 days with foreign instructors.

In accordance with the Action plan on dissemination/information campaign on the new Policing Rulebook, the 6th and last phase of training of police officers on the practical application of the rulebook was completed. 3034 police officers were trained, out of whom 40 police officers were trained as trainers.


1 Phase: Training the instructors for successful implementation of the Rulebook on the manner of performing the police work. The Training was realized in cooperation with OSCE - Department for police development and it was realized at the Police Academy (February 2008). Within this phase were trained 10 instructors.
2 Phase: Training the police officers from 10 police stations for practical use of the Rulebook on the manner of performing the police work. The Training was conducted by the instructors which were trained in the first phase for effective conduction of the Rulebook. This training was realized in the period from 3 to 9 of March. Police officers from the following organizational units were trained:

  • Police Station Gazi Baba - 67 police officers trained

  • PS Bit Pazar - 69 police officers trained

  • PS Kumanovo - 137 police officers trained

  • PS for security on the road and traffic Kumanovo - 40 police officers trained

  • PS Shtip - 115 police officers trained

  • PS for security on the road and traffic Shtip - 52 police officers trained

  • PS Strumica - 81 police officers trained

  • PS for security on the road and traffic Strumica - 29 police officers trained

  • PS Tetovo - 203 police officers trained

  • PS for security on the road and traffic Tetovo - 32 police officers trained

3 Phase: Training of the instructors for successful implementation of the Rulebook. The Training was provided by the instructors from the first phase. Within this phase 16 instructors were trained.


4. Phase: training of the police officers from 16 Police Stations of general competence. The training was provided by the instructors who in the third phase were trained for implementation of the Rulebook (April 2008). Police officers from the following organizational units were trained:


  • PS of general competence Gorce Petrov - 57 police officers trained

  • PS of general competence Bitola - 230 police officers trained

  • PS of general competence Kriva Palanka - 82 police officers trained

  • PS of general competence Negotino - 64 police officers trained

  • PS of general competence Struga - 72 police officers trained

  • PS of general competence Valandovo - 40 police officers trained

  • PS of general competence Makedonski Brod - 59 police officers trained

  • PS of general competence Berovo - 88 police officers trained

  • PS of general competence Sveti Nikole - 74 police officers trained

  • PS of general competence Resen- 49 police officers trained

  • PS of general competence Veles -134 police officers trained

  • PS of general competence Ohrid - 58 police officers trained

  • PS of general competence Dracevo - 55 police officers trained

  • PS of general competence Aerodrom - 41 police officers trained

  • PS of general competence Prilep - 274 police officers trained, and

  • PS of general competence Debar - 37 police officers trained.

5 Phase: Training of the instructors for successful implementation of the Rulebook. The training was provided by the instructors from the first phase. Within this phase 16 instructors were trained.


6 Phase: training of the police officers from 16 police stations of general competence. The training was provided by the inspectors who were trained in the fifth phase for implementation of the Rulebook. This training was realized during May and June. Police officers from the following organizational units were trained:


  • PS of general competence Karposh - 60 police officers trained

  • PS of general competence Kisela Voda - 54 police officers trained

  • PS of general competence Centar - 93 police officers trained

  • PS of general competence Cair - 87 police officers trained

  • PS of general competence Vinica - 48 police officers trained

  • PS of general competence Gevgelija - 27 police officers trained

  • PS of general competence Delchevo - 65 police officers trained

  • PS of general competence Demir Hisar - 25 police officers trained

  • PS of general competence Kavadarci - 68 police officers trained

  • PS of general competence Kicevo - 180 police officers trained

  • PS of general competence Kocani - 124 police officers trained

  • PS of general competence Kratovo - 50 police officers trained

  • PS of general competence Krushevo - 68 police officers trained

  • PS of general competence Probisthip - 32 police officers trained


A coherent (in-service) system for police training has been established.
The Ministry of Interior adopted the Human Resources Management Strategy and Action Plan for the Implementation of the Strategy with defined financial allocations. The concept of the Strategy comprises all employees within the Ministry of Internal Affairs (both for the police officers and for the authorised officials). The strategy elaborates the issues related to the personnel, deployment, career system promotion, personal files and other topics


  • The amendments of the Law on Internal affairs (“Official Gazette of Republic of Macedonia” no. 84/08) were adopted by the Parliament. The Amendments introduce new provisions that ensure establishing a Unit for Training within the Ministry of Interior, which will conduct basic trainings for policemen, specialised trainings and trainings for management in the field of security.



  • The Parliament adopted the draft Law on the Establishment of Faculty on Security within the University “St. Kliment Ohridski”. According to the Law (article 9 and 10) the Government will adopt a decision (decree) defining which buildings and equipment will be used for higher educational activities, (i.e will be under the property of the Faculty), and which will be used for basic, specialised and continuous training by the Training Centre within MoI (i.e. will be under the property of MoI). During this process due attention will be taken to ensure that all EU investments will be properly used for police training.



  • A Committee responsible for the establishment of the Training Centre within MoI was set up by a Decision of the Minister, and several meetings with the representatives of the Police Academy aimed at proper division of personnel and property took place. 69 persons were transferred from the Academy to work in the Centre and decision on property division was made.

According to the Annual plan for 2008 for advanced and specialised training of Border Police Members, in the period January-June 2008, 39 trainings/seminars were conducted for all three levels of personnel.


According the MoI’ s Strategic Plan 2008-2010, for 2008 it is projected to increase the equitable representation for 1,5 %. To achieve the projection, in August public announcement for employment of 150 police officers was issued and the selection procedure is ongoing.
Further below is the status of equitable representation in the MoI until 31.07.2008:


Equitable representation in MoI, 30.07.2008

Organisational units/Communities

Macedonian

Albanian

Serb

Turk

Roma

Other

Total

Total %

Police

6426

1482

151

53

65

128

8305

68,47

Organised Crime

1244

172

30

8

7

22

1483

12,23

Other services

1589

174

30

4

3

18

1818

15

Directorate for security and counter-intelligence

445

64

5

4

1

4

523

4,32

Total

9704

1892

216

69

76

172

12129




Total %

80

15,6

1,8

0,57

0,63

1,42

100%




As for the representation in the upper, managerial level in the Police, the status is as follows:



Out of 1223 managerial working posts, 193 are filled with representatives of the communities: 127 Albanians (1 Deputy Director of the Bureau for Public Security, 1 Assistant to the Director for traffic Affairs, 10 Heads, 1 Commissar, 4 Assistant Heads, 3 Deputy Heads, 24 Police Commanders, 12 Deputy Commanders, 13 Assistant Commanders, 31 Security Sector Heads, 16 Shift Heads, 7 Shift Leaders, 4 Leaders of security area); 7 Turks (2 Deputy Commanders, 3 Security region Chiefs, 1 Deputy Head, 1 Shift Leader); 23 Serb (6 Heads, 2 Commanders, 1 Deputy Commander, 2 Security Sector Heads, 7 Shift Heads, 3 Shift Leaders, 1 Chief, 1 Chief Inspector); 25 Muslim (2 Heads, 1 Deputy Head, 5 Commanders, 2 Deputy Commander, 9 Security Sector Heads, 4 Shift Heads, 2 Shift Leaders); 5 Roma (1 Deputy Commander, 1 Assistant Commander, 1 Security Sector Head, 1 Shift Leader, 1 Chief Inspector); 3 Bosniaks (1 Deputy Commander, 1 Shift Head, 1 Chief Inspector), 2 Vlachs (1 Head, 1 Shift Head); 1 representative of the other communities.
With regard to the determined irregularities during the elections perpetrated by some police officers, 28 police officers have been suspended and against 11 of them criminal charges have been initiated for existent suspicion of having performed criminal acts prevention of elections and voting, unlawful production, storing and trading with weapons or explosive materials, abuse of official duty, bribe during elections and voting etc,. One police officer has been charged with a misdemeanour for violating public order.
In terms of the key priority IV related to ESTABLISHING A SUSTAINED TRACK RECORD ON IMPLEMENTATION OF JUDICIARY REFORMS AND STRENGTHEN THE INDEPENDENCE AND OVERALL CAPACITY OF THE JUDICIAL SYSTEM, IMPLEMENT THE REFORM OF THE PROSECUTION AND FINALISE THE APPOINTMENT OF THE JUDICIAL COUNCIL:
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