Professional Documents
Culture Documents
from CEFTA
Umut Ergezer
Technical Advisor
SEETO WORKSHOP
Addressing Transport Barriers on
Border Crossings in the Western
Balkans
Podgorica, 27-28 March 2012
Contents
• Background (4 slides)
• Main Features of CEFTA Trade (7 slides)
• Multilateral Framework for the Elimination of Non-Tariff Barriers (24
slides)
• Other CEFTA Tools Related to Non-Tariff Barriers (5 slides)
• CEFTA Trade Portal
• CEFTA Market Access Barriers Database
• CEFTA Priorities and Planned Activities on Customs (9 slides)
• Ministerial Conclusions of 2011
• Multiannual Work Programme
• CEFTA Chair in Office Priorities
• CEFTA Subcommittee on Customs and Rules of Origin
• Prospects for the future (5 slides)
CEFTA SECRETARIAT
BACKGROUND
CEFTA SECRETARIAT
Modern Regional Free Trade Agreement ...
CEFTA SECRETARIAT
Built on ....
EU
Chapter V
Operating Rules
Competition Rules
CEFTA
Chapter I, II, II, IV
Liberalisation of Trade in Goods
WTO
Chapter VI
New Trade Issues: Services, Investment, Government
Procurement, Intellectual Property
CEFTA SECRETARIAT
Implemented through a well developed
structure ...
Joint Committee
Secretariat
Working Group
on TBT
CEFTA SECRETARIAT
The period 2009 – 2011 was marked by ...
• Very active Chairs in Office and good coordination among the Article 44
Contact Points and with the Secretariat resulting in:
• Meeting all deadlines and commitments from the Agreement
• Achieving positive results in all key areas of the Agreement
(liberalisation of trade, diagonal cumulation, elimination of NTBs,
competition, opening of public procurement markets, increasing
transparency etc.)
• Decision making backed up by high quality analysis and
recommendations of renowned international organisations e.g. OECD
and World Bank
• Introducing of timely annual and multi-annual programming at all levels
• Expanding the implementation structure (two new working groups)
• Increasing visibility by introduction of new promotional/transparency
tools i.e. the CEFTA Week and the CEFTA Trade Portal
CEFTA SECRETARIAT
MAIN FEATURES OF CEFTA TRADE
CEFTA SECRETARIAT
Recovery after fall in 2009
Source: OECD
CEFTA SECRETARIAT
Intra-CEFTA exports account for about 30% of
total CEFTA exports.
30
25
20
15
10 32.2%
30.7% 31.7% 29.2%
5 28.3%
0
2006 2007 2008 2009 2010
Source: OECD
CEFTA SECRETARIAT
The share of agricultural exports is around 45%
and around 20% for non-agricultural exports.
Intra-CEFTA Share in Total Exports (%)
50
45
40
35
30
25
20
15
10
-
2009 2010 20113Q
CEFTA SECRETARIAT
Dependence on Intra-CEFTA trade is especially
high for agricultural products.
90 90
80 80
70 70
60 60
50 50
40 40
30 30
20 20
10 10
0 0
Exports Imports Exports Imports
CEFTA SECRETARIAT
Transposition of EU technical regulations
BiH 0 0 0 1
Croatia 97 0 12 3/4
Macedonia 53 0 13 3
Montenegro 2 79 83 2/3
Serbia 30 11 81 3
Source: CEN
Figures refer to 193 product groupings
CEFTA SECRETARIAT
Approx. 70% of the manufacturing activity in
CEFTA is concentrated in Serbia and Croatia
3%
Shares of CEFTA Parties:
Albania
(by turnover)
10% BIH
Albania 1.2 bn Croatia
39%
BIH 4.2 bn UNMIK/Kosovo
Croatia 14.0 bn
fYR Macedonia
UNMIK/Kosovo 0.6 bn 33%
fYR Macedonia 3.6 bn Moldova
Moldova 1.5 bn Montenegro
Montenegro 0.6 bn 1% 8% Serbia
Serbia 16.8 bn 4%
1%
Source: OECD
CEFTA SECRETARIAT
Manufacturing activity is heavily concentrated
in low and medium low tech industries.
Source: OECD
CEFTA SECRETARIAT
MULTILATERAL FRAMEWORK FOR THE
ELIMINATION OF NON-TARIFF BARRIERS
CEFTA SECRETARIAT
Multilateral Framework on the Elimination of
NTBs in CEFTA
Objective:
1) Ensure independent monitoring of the elimination of NTBs
among the CEFTA Parties
2) Effectively communicate and promote the findings of the
monitoring to the relevant CEFTA structures and other
stakeholders,
3) Involve governments, the business community and other relevant
stakeholders in a permanent and sustainable process for
elimination of NTBs
4) Provide input to the CEFTA Subcommittee on TBT and NTBs for
the preparation of its annual report to the Joint Committee
CEFTA SECRETARIAT
Multilateral Framework on the Elimination of
NTBs in CEFTA
Expected results:
1) Improved understanding of the precise steps needed to
improve the policy context and prioritise policy reforms for
the elimination of NTBs
2) An enhanced quality of policy dialogue in each CEFTA Party
3) Improved domestic capacities for designing policy reform in
the area of NTBs
4) Higher levels of intra-regional trade and trade with EU
5) Higher degree of integration of the CEFTA Parties in more
sophisticated value chains
CEFTA SECRETARIAT
Multilateral Framework on the Elimination of
NTBs in CEFTA
NTBs Assessment Framework
1. Technical Barriers to 2. Sanitary and 3. Administrative Barriers
Trade (TBT) Phytosanitary Measures
1.1. Institutional 2.1. Institutional 3.1. Establishment and
framework for framework for SPS functioning of a national
standardisation and co- measures customs website
operation
1.2. Transposition of 2.2. SPS agencies internal 3.2. Establishment and
European technical and external co-operation functioning of enquiry
regulations in priority points
sectors
1.3. Transposition of 2.3. Framework legislation 3.3. Involvement of the
European standards in on SPS measures trade community
priority sectors
CEFTA SECRETARIAT
Multilateral Framework on the Elimination of
NTBs in CEFTA
NTBs Assessment Framework
1. Technical Barriers to 2. Sanitary and 3. Administrative Barriers
Trade (TBT) Phytosanitary Measures
1.4. Institutional 2.4. Transposition of 3.4. Advance rulings
framework for European SPS measures
accreditation and co-
operation
1.5. Conformity 2.5. Information and 3.5. Appeal procedures
assessment infrastructure notification mechanisms
and procedures
1.6. Information and 3.6. Fees and charges
notification mechanisms
CEFTA SECRETARIAT
Multilateral Framework on the Elimination of
NTBs in CEFTA
NTBs Assessment Framework
1. Technical Barriers to 2. Sanitary and 3. Administrative Barriers
Trade (TBT) Phytosanitary Measures
3.7. Formalities:
documents and
automation
CEFTA SECRETARIAT
Multilateral Framework on the Elimination of
NTBs in CEFTA
Administrative Barriers
3.1Establishment and functioning of a national customs website
CEFTA SECRETARIAT
Multilateral Framework on the Elimination of
NTBs in CEFTA
Administrative Barriers
3.1Establishment and functioning of a national customs website
Findings
Customs websites available
Information in local and English language published in almost all CEFTA parties
Rate of duties are published and regularly updated, information on import and export procedures,
and clear information on customs valuation is usually available
Fewer parties publish information on advance rulings, penalties for breaches of import and export
formalities, information on procedures of border agencies (downloadable) and examples of judicial
decisions.
CEFTA SECRETARIAT
Multilateral Framework on the Elimination of
NTBs in CEFTA
Administrative Barriers
3.2. Establishment and functioning of enquiry points
CEFTA SECRETARIAT
Multilateral Framework on the Elimination of
NTBs in CEFTA
Administrative Barriers
3.2. Establishment and functioning of enquiry points
-Findings
Single entity acting as Enquiry point for customs in only two of the eight parties.
Usually more than one structure responsible for answering enquiries
The enquiry points limited in structure
No specific unit within Customs administration designated and attributed the functions of Enquiry
Point
Level 2 (scale 1-5)
CEFTA SECRETARIAT
Multilateral Framework on the Elimination of
NTBs in CEFTA
Administrative Barriers
3.3. Involvement of the trade community
CEFTA SECRETARIAT
Multilateral Framework on the Elimination of
NTBs in CEFTA
Administrative Barriers
3.4. Advance rulings
CEFTA SECRETARIAT
Multilateral Framework on the Elimination of
NTBs in CEFTA
Administrative Barriers
3.4. Advance rulings
-Findings
All CEFTA parties provide a mechanism for advance rulings.
Existing advance ruling mechanisms mainly concern tariff classification and verification origin
Binding Tariff Information (BTI) and Binding Origin Information (BOI) is issued within 30-150 days.
Advance ruling provisions foresee an appeal mechanism in the majority of the parties
Advance rulings of general interest are usually made public
However, no advance ruling mechanism for the information on the method that will be applied for
customs valuation
Level 2 (scale 1-5)
CEFTA SECRETARIAT
Multilateral Framework on the Elimination of
NTBs in CEFTA
Administrative Barriers
3.5. Appeal procedures
Administrative appeal
mechanisms exist and Right to appeal to an
provisions publicly authority independent
no appeal mechanism available in the from the authority Appeal to an Information on appeal
for customs matters, or Customs Code or other which issued the independent judicial procedures easily
the related laws are Gazette. decision, such as an authority available to accessible on customs
not publicly available Information about the established arbitration all individuals website
motives of the procedure or a special
administration’s administrative tribunal
decisions provided.
CEFTA SECRETARIAT
Multilateral Framework on the Elimination of
NTBs in CEFTA
Administrative Barriers
3.5. Appeal procedures
-Findings
The administrative stage usually entails an initial right of appeal within the same administration
which issued the decision
This is then followed by the right to appeal to an authority independent of the authority which
issued the decision
Information about the motives of the administration’s decisions is generally provided
There are few parties that do not provide a right of appeal to an independent authority in the
administrative stage
However, in all parties appeal to an independent judicial authority is available to all individuals.
In most of the parties information on appeal procedures on Customs websites is limited and not
easily accessible. Only 3 parties have a dedicated page on the Customs websites.
Level 3+ (scale 1-5)
CEFTA SECRETARIAT
Multilateral Framework on the Elimination of
NTBs in CEFTA
Administrative Barriers
3.6. Fees and charges
CEFTA SECRETARIAT
Multilateral Framework on the Elimination of
NTBs in CEFTA
Administrative Barriers
3.6. Fees and charges
-Findings
In most of the CEFTA parties fees and charges are not calculated ad valorem (they are determined
by a fixed amount reflecting actual cost of services provided)
Only two parties are still calculating fees ad valorem.
Fees and charges are published on paper (official gazette) and/or the internet.
However, very few countries provide a simple and comprehensive view on the type and level of fees
and charges that they apply.
Information on fees and charges are not regularly exchanged with the relevant administration in the
other CEFTA Parties
Appropriateness and relevance of the fee costs in the customs area are not regularly reviewed in all
CEFTA parties
Level 3 (scale 1-5)
CEFTA SECRETARIAT
Multilateral Framework on the Elimination of
NTBs in CEFTA
Administrative Barriers
3.7. Formalities: documents and automation
CEFTA SECRETARIAT
Multilateral Framework on the Elimination of
NTBs in CEFTA
Administrative Barriers
3.7. Formalities: documents and automation
-Findings
Number of documents for export and import is within the CEFTA average for most of the parties
Documents can be lodged electronically with no exceptions only in two parties (Croatia and Moldova).
In most of the parties risk management is being implemented and there is a special risk management unit in the
Customs administration.
Main obstacles for full implementation of the risk analysis: Limited capacity of the IT system, Need for further
development of risk management modules and tools, Lack of a sufficient number of trained staff to match the needs
Electronic Data Interchange is in the process of implementation but not yet fully operational in CEFTA parties. Croatia
and Macedonia are the only parties with an operational EDI system.
The regulations governing digital certificate and signature have been adopted in most of the CEFTA parties, but at
this moment they are not always applicable in practice.
CEFTA SECRETARIAT
Multilateral Framework on the Elimination of
NTBs in CEFTA
Administrative Barriers
3.8. Customs procedures and processes
CEFTA SECRETARIAT
Multilateral Framework on the Elimination of
NTBs in CEFTA
Administrative Barriers
3.8. Customs procedures and processes
-Findings
Single Window not yet widespread among the parties. Only two parties use a single window system (Macedonia and Moldova)
Pre-arrival processing is not in use in all CEFTA parties. The capacity of the IT system limits the possibility of lodging and data
processing in advance.
In most of the CEFTA parties, separation of release from final determination and payment of customs duties is conditional to
deposit of a security.
The majority of the parties apply different documentary and physical inspection treatment between perishable and non-
perishable goods.
In all of the parties there is a possibility of post-clearance audit and special divisions in customs are in place. However, post-
clearance audit is not always well connected to the risk management system
The average clearance time is not published on the website in most of the parties
CEFTA SECRETARIAT
Multilateral Framework on the Elimination of
NTBs in CEFTA
Administrative Barriers
3.9. Domestic and cross-border/international agency co-ordination and co-operation
CEFTA SECRETARIAT
Multilateral Framework on the Elimination of
NTBs in CEFTA
Administrative Barriers
3.9. Domestic and cross-border/international agency co-ordination and co-operation
-Findings:
National legislation of all CEFTA Parties foresees co-operation between customs and other relevant government
agencies.
Co-operation between customs and other relevant agencies with clearly defined roles and responsibilities is in place
in most of the Parties (either through the IBM system or signed MoUs).
In many of the CEFTA parties, regular meetings are held to improve co-operation between government bodies
involved in international trade and, when necessary, coordination meetings and training also involve the private sector.
Government delegates controls to the Customs authority in 5 of the 8 CEFTA Parties.
Almost all parties are involved in exchange programmes with other CEFTA parties mainly through the multi-
beneficiary IPA programmes and other international projects.
An international agreement on joint customs controls has been signed with one of the neighbouring countries in 5 of
the 8 CEFTA Parties.
Level 3+ (scale 1-5)
CEFTA SECRETARIAT
Multilateral Framework on the Elimination of
NTBs in CEFTA
Indicators Level 1 Level 2 Level 3 Level 4 Level 5
3.1 customs 1/8 (ME) 5/8 (AL , BA, HR, 2/8 (MK, RS)
website MD, UN/KS)
3.3. trade 1/8 (MK) 1/8 (BA) 6/8 (AL, HR, MD,
community ME, RS, UN/KS)
3.5. Appeal 3/8 (AL, BA, MD) 1/8 (UN/KS) 4/8 (HR, MK, ME,
procedures RS)
3.6. Fees and 2/8 (MD, UN/KS) 5/8 (BA, HR, MK,
charges ME, RS)
3.7. Formalities 4/8 (AL, BA, MK, 2/8 (ME, RS) 2/8 (HR, MD)
UN/KS)
3.8. Customs 7/8 (AL, BA, HR, 1/8 (MK)
procedures MD, ME, RS,
UN/KS)
3.9. co-ordination 1/8 (BA) 3/8 (HR, MD, 4/8 (AL, MK, ME,
and co-operation UN/KS) RS)
CEFTA SECRETARIAT
OTHER CEFTA TOOLS RELATED TO NON-
TARIFF BARRIERS
CEFTA SECRETARIAT
CEFTA TRADE PORTAL
CEFTA SECRETARIAT
CEFTA TRADE PORTAL
CEFTA SECRETARIAT
CEFTA TRADE PORTAL
CEFTA SECRETARIAT
CEFTA TRADE PORTAL
Border Control 6%
Technical Requirements 6%
Sanitary 10%
Licensing 0%
Customs 35%
CEFTA SECRETARIAT
CEFTA MARKET ACCESS BARRIERS DATABASE
CEFTA SECRETARIAT
MINISTERIAL CONCLUSIONS 2011
• Following the signing and ratification of the Additional Protocol and Annex 10 to the Agreement,
we undertake to report on implementation and on the economic impact of the further
liberalisation of trade in agricultural products by the sixth CEFTA Joint Committee Meeting in
2012;
• Underling the positive impact of trade in services on the overall economic performance and
especially on competitiveness we commit to intensify the existing cooperation and regional
coordination in this area, to identify the most distorting services trade barriers and find ways to
overcome them while in parallel elaborating on the paths towards the future negotiation on
liberalisation; to achieve these goals we instruct the Working Group on Trade in Services to pursue
with the implementation of the agreed activities from the Action Plan 2011-2012;
• Acknowledging that setting up the joint framework for ex-ante elimination of the NTBs will lead to
the more transparent, rapid and effective removal of identified barriers that hamper intraregional
trade, we urge all CEFTA structures to join their forces in timely implementation of the Multilateral
Monitoring Framework. We recommend the Chairs of the respective subcommittees to take into
consideration the recommendations from the OECD first assessment cycle when preparing their
respective work programmes for the next year. The special attention should be given to the more
elaborated assessment in the area of sanitary and phytosanitary measures and administrative
barriers while it is also expected that the further NTBs analysis should be extended to cover the
final goods.
• Acknowledging the provision stated in the last paragraph of Article 3 of Annex 4, we recommend
CEFTA Parties to employ a matrix in the format suggested by the Secretariat to provide each other
and the Joint Committee with the details of the Agreements, including their dates of entry into
force, and their corresponding rules of origin which are applied with the European Community,
Iceland, Norway, Switzerland (including Liechtenstein) and Turkey.
CEFTA SECRETARIAT
MINISTERIAL CONCLUSIONS 2011
• Taking into account the commitments we made in the Article 12 paragraph 3 of the Agreement, we
encourage all Parties to engage additional efforts to create conditions for concluding the suitable
agreements on mutual recognition in the SPS field thus facilitating the unrestrictive flow of traded
products and contributing to the better integration of the region.
• Recognizing the significance of the unified and systematic approach towards eliminating the
unnecessary technical barriers to trade and building on the successful examples of the recently
reached agreements among certain CEFTA Parties, we commit to enhance and deepen cooperation
among the national accreditation bodies thus creating favourable environment for concluding the
agreements on the mutual recognition of conformity assessment procedures in accordance with
the Article 13 paragraph 4.
• Fully supporting the permanent information sharing and building on the positive feedback from
the wider circle of users we undertake to conclude the Memorandum of Understanding on
Maintaining and Updating the CEFTA Trade Portal by September 2012 and thus enable its smooth
transfer from the GIZ managed to the CEFTA Parties managed portal.
• Recognizing the importance of simplifying customs procedures and reducing, as far as possible,
the formalities imposed on trade with a view to facilitating intraregional trade further, we
encourage all Parties to exchange data between their customs authorities and between their
customs authorities and other governmental agencies, and to utilize the usage of data to be
exchanged for the purpose of facilitating legitimate trade without hampering the deterrence of
security and safety controls at the border.
CEFTA SECRETARIAT
MINISTERIAL CONCLUSIONS 2011
• Having regard to our commitment stipulated by Article 21 paragraph 7, we emphasize the
importance of reporting state aid schemes by CEFTA Parties in the format as decided during
this meeting to ensure transparency in that area.
• We encourage the interested CEFTA Parties to ratify Pan-Euro-Mediterranean Convention as
soon as possible and after that to start with the process of amending the CEFTA Protocol on
rules of origin.
• Notwithstanding the process of ratification of the PEM Convention, we appreciate the
progress reached in the level of discussions for revising the protocol on rules of origin of the
pan-Euro-Mediterranean Convention, and encourage all CEFTA Parties to participate
constructively in the revision exercise.
• WE welcome Croatia’s conclusion of negotiations with the European Union and, taking into
account the target day for Croatia’s accession, i.e. 1 July 2013, we invite Parties to start
timely preparations on a smooth transfer of depositary responsibility as well as on
subsequent budgetary adjustments of the financing of the Secretariat.
CEFTA SECRETARIAT
Multiannual Work Programme
CEFTA SECRETARIAT
Annual Work Programme of 2012
CEFTA SECRETARIAT
Annual Work Programme of 2012
• Expected Results
1) Trade Facilitation:
• The data exchanged electronically for trade facilitation without decreasing the deterrence of customs
inspections but making them more effective
• Each CEFTA Customs Authority and SPS Authority have a better understanding of their business process
and the number of data they are requesting from operators.
- CEFTA Parties evaluate the pros and cons to establish a Regional AEO Programme
2) Origin
• Further clarification for the smooth implementation of the CEFTA Origin Protocol ensured.
• CEFTA Parties involved in the PEM Process continue to coordinate their positions with each other.
3) Training
• The CEFTA Parties become aware of the feasibility to initiate a regional training programme for their
customs authorities.
4) Administrative cooperation
• The involvement of Customs DGs ensured to increase the level of cooperation of between CEFTA Customs
Authorities is ensured.
• The CEFTA Parties have a better understanding on which areas the cooperation between the customs
authorities can be improved.
CEFTA SECRETARIAT
Annual Work Programme of 2012
CEFTA SECRETARIAT
Annual Work Programme of 2012
CEFTA SECRETARIAT
PROSPECTS FOR THE FUTURE
CEFTA SECRETARIAT
Challenges for the years to come
CEFTA SECRETARIAT
Objectives
CEFTA SECRETARIAT
Assumptions
CEFTA SECRETARIAT
“CEFTA Approach”
CEFTA SECRETARIAT
Key Success Factors
• Strategic view– understanding strategic importance of trade and strengthening
regional cooperation/partnerships
• by the Parties in the context of their economic development, regional
cooperation and accession to the EU
• by the donors in the context of the impact of trade on promoting economic
development in the Region
• Coordination – efficient coordination required
• among the Parties in the negotiations
• within respective Parties administrations to develop Parties’ positions
• between the Parties and the Secretariat to execute action
• between the Parties, the Secretariat and international partners to seek for
synergies and prevent overlapping of efforts
• Sustainability – ensuring sustainability of the process as a prerequisite to success
• discipline of all actors in programming and implementation of priorities
• regular participation and appropriate representation in official meetings
• active involvement in agreed activities
• financial discipline
CEFTA SECRETARIAT
THANK YOU.