1 / 17

Overview

GIS development in Romania - legal system - Legal expert: Veronica Toza “REC Workshop “Facilitating GIS: first lessons learnt and the way forward” Budapest, 24 April 2008. Overview. Legal background Options for GIS structure & management Draft GD for establishing the GIS

nay
Download Presentation

Overview

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. GIS development in Romania - legal system - Legal expert: Veronica Toza “REC Workshop “Facilitating GIS: first lessons learnt and the way forward”Budapest, 24 April 2008

  2. Overview • Legal background • Options for GIS structure & management • Draft GD for establishing the GIS • Still under question

  3. Legal background Prerequisites : • Law no. 24/1994 for ratifying the UNFCCC • Law no. 3/2001 for ratifying the Kyoto Protocol • Kyoto Protocol – entered into force : 16 February 2005 • Secondary legislation already in place: • MO: National Registry – since 5 October 2007 • Eligibility criteria under KP : 1 September 2008 • And, of course, other relevant legal provisions

  4. Legal background • Key characteristics of GIS: • There is no international law or treaty that regulates it - as opposed to, for instance, CDM and JI • Unquestionable : both seller & buyer could decide together the architecture of GIS / MoU

  5. Legal background • Ownership over AAUs & related public funds management • The right to trade AAUs reside with the Parties, as per KP > MoESD • MoESD is mandated to transfer and / or acquire under Article 17 of KP – Law of the treaties, no. 590/2003, as amended & other legal provisions • AAUs – of public use > Law no. 213/1998 on public property

  6. Options for GIS structure & management • Institutional framework: • Environmental Fund Administration (EFA) –2006 study or • PMU within MoESD – the draft GD

  7. Options for GIS structure & management • EFA’s advantages : • know-how on selecting, approving and monitoring of projects in climate change field • Procedures for selection of the projects – already in place • EFA’s disadvantages : • Any revenues from GIS – as non-reimbursable foreign funds allocated to a public authority or institution – governed by the public finances law • EFA does not have regional or local branches – monitoring process • State Treasury involvement

  8. Options for GIS structure & management • PMU within MoESD – advantages • Limited existence, strictly depending on the availability of funds • No legal personality • Necessary personnel, their rights, functioning and operational costs, all related costs – can be negotiated through MoU • Securing that the money are not entering the public budget but to already negotiated purposes / MoU

  9. Options for GIS structure & management • MoESD could establish “branches” of PMU within Regional Development Agencies • No State Treasury involvement • Management contract • More efficient operation of GIS fund – transparent, accurate, credible • PMU within MoESD – disadvantages • Limited know-how in assessing the projects

  10. Draft GD for establishing the GIS • Ownership of AAUs • Mandate to the MoESD to negotiate the AAUs transactions: • Make decisions • Price and specific conditions • Draft the AAUs Purchase Agreement • Order the transfer of AAUs

  11. Draft GD for establishing the GIS • Principles for using the revenues from GIS transactions – only for financing the projects listed in the Annex to the GD • Previously agreed in the MoU, where the case may be • Financial issues : • The money shall be transferred either the EFA, or to PMU / final decision to be taken

  12. Draft GD for establishing the GIS • Supervisory and coordination function for MoESD • The GD has been designed for PMU, but appropriate changes shall be done if EFA would become the manager of GIS funds • The main responsibilities and obligations for PMU members : procurement officers, accountancy, audit and reporting personnel

  13. Draft GD for establishing the GIS • Main responsibilities : • Prepare the bidding procedures/ financing guidelines • Manages GIS Fund and financing procedure • Proposes the list of eligibile projects for GIS financing, taking into consideration the GIS agreements provisions • Organizes the bidding procedure • Analyses, selects and finances “green” project

  14. Draft GD for establishing the GIS • Monitors continuosly the proper implementation of the financed projects; • Provides necessary assistance and consultancy to GIS fund and beneficiaries; • Reports to the MoESD and, where the case may be, to the appointed legal entity, as per MoU on the progress in GIS implementation, distinguishing between the financing sources

  15. Draft GD for establishing the GIS • PMU will be established within 30 days since the entering into force of the 1st MoU for an AAUs transaction, through MO • This GD : enters into force within 30 days since its publication date • Necessary measures & secondary legislation: GIS management and grant guidelines – within 60 days since the day of entering into force of this GD • Needed procedures on PMU management and organization– within 30 days since the organization of the PMU

  16. Still under question • The Buyer • Party to KP = MoU – under public international law • Appointed entity = State Contract – not under public international law • The institutional structure : • EFA • PMU / MoESD • EU Council Competition approval

  17. Thank You! For further information: Veronica Toza E-mail: veronica.toza@gmail.com Phone: + 40 21 312 92 91

More Related