Addendumul nr.1 din 27.04.2018, întocmit prin schimb de scrisori, la Acordul de finanţare dintre Guvernul Republicii Moldova şi Uniunea Europeană privind Programul de suport bugetar pentru reforma poliţiei în Republica Moldova pentru anii 2017-2020

ACORD BILATERAL

ADDENDUMUL Nr.1,

 întocmit prin schimb de scrisori, la Acordul de finanţare dintre Guvernul

Republicii Moldova şi Uniunea Europeană privind Programul de suport bugetar

 pentru reforma poliţiei în Republica Moldova pentru anii 2017-2020

 din  27.04.2018

 (în vigoare 27.04.2018) 

Monitorul Oficial al R. Moldova nr. 14-23 art. 56 din 24.01.2020

* * *

Notă: Vezi Ordinul MAEIE nr.209-t-13 din 31.12.2019

           Publicat numai în limba engleză

Mr, Lawrence MEREDITH

Director Neighbourhood East

Directorate-General for Neighbourhood

and Enlargement Negotiations

European Commission

Subject: “Addendum no. I to the Financing Agreement “Support to Police Reform" (ref: ENI/2015/038-144), between the Government of the Republic of Moldova and the European Commission, acting on behalf of the European Union, in the form of exchange of letters"

Dear Mr, Meredith,

I have the honour to acknowledge the receipt of your letter dated March 27^th, 2018, which reads as follows:

"Thank you for your letter of 26 December 2017. 1 take note of the request to change some of the 2018, 2019 and 2020 indicators recurring to the formulation under the section 2.1.2 that “in duly justified circumstances, the Government of Moldova may submit a request to the Commission for the targets and indicators to be changed. As you know, our assistance is under close public scrutiny, including by the European Parliament, European Court of Auditors as well as the EU Member States. In this context, let me briefly recall some general principles inherent to the consideration of amendments to Financing Decision and Agreements.

First, we would like recommend to use the wording describing the indicators as stipulated in the mutually agreed and signed Financing Agreement. Therefore my services prepared the Addendum no. 1 using strictly the wording describing the indicators as stipulated in the mutually agreed and signed Financing Agreement.

Second, in the Policy Matrix, it is possible to change only upcoming targets and indicators. The changes of targets and indicators for the present year have to be made in Q1 of the present year. It is not possible to change targets retrospectively.

Third, as you know, we are applying the conditionality set in our mutually agreed Financing Agreement strictly. We are all committed to deliver results for Moldovan citizens, and to use EU taxpayers' money effectively and efficiently. The change of indicators should reflect this joint commitment and ensure our joint ambition. Therefore, changing indicators cannot imply lowering the ambition of the indicator.

I hereby agree fully with you to modify the indicators A 3.1 for years 2018 and 2019, and I partially agree to modify the indicator A. 2.1. for year 2019, and the indicator A. 1.3 for year 2020. For these reasons related to the respect of the principles mentioned above, I regret

to inform you that not all the modifications you had proposed were possible to accept, notably the modifications to the indicators A. 1.1 for years 2017 and 2018, and the modifications to the indicators A. 1.3 for the year 2019.

In lines with the procedure, I would be grateful if you send us a reply letter, at the latest by end of April 2018, to confirm your agreement with the revised Policy matrix attached. The Addendum no. 1 in the form of exchange of letters will constitute of the present letter and you reply letter. The Addendum no lwill take effect on the date of your reply letter. As mentioned above, we would need to ensure that the entry into force takes place before end of April 2018.”

I have the honour to confirm that the Government of the Republic of Moldova agrees with the proposed amendments to the Financing Agreement. Accordingly, your letter and this reply letter shall therefore constitute the Addendum No. 1 to the Financing Agreement “Support to Police Reform” (ENI/2015/038-144) between the Government of the Republic of Moldova and the European Commission, acting on behalf of the European Union. This Addendum shall enter into force on the date of this reply letter.

Sincerely,

Pavel FILIP

Prime-minister

Ref. Ares(2018)1782495-03/04/2018

EUROPEN COMMISSION

Neighbourhood and Enlargement Negotiations

C-NEIGHBOURHOOD EAST

The Director

Brussels, 27 mars 2018

Subject: Addendum no. 1 to the Financing Agreement

             "Support to Police Reform" EN1/2015/G38-144

Thank you for your letter of 26 December 2017. I take note of the request to change some of the 2018, 2019 and 2020 indicators recurring to the formulation under the section 2.1.2. that "in duly justified circumstances, the Government of Moldova may submit a request to the Commission for the targets and indicators to be changed¹¹. As you know, our assistance is under close public scrutiny, including by the European Parliament, European Court of Auditors as well as the EU Member States. In this context, let me briefly recall some general principles inherent to the consideration of amendments to Financing Decisions and Agreements.

First, we would recommend to use the wording describing the indicators as stipulated in the mutually agreed and signed Financing Agreement. Therefore my services prepared the Addendum no.1 using strictly the wording describing the indicators as stipulated in the mutually agreed and signed Financing Agreement.

Second, in the Policy Matrix, it is possible to change only upcoming targets and indicators. The changes of targets and indicators for the present year have to be made in Q1 of the present year. It is not possible to change targets retrospectively.

Third, as you know, we are applying the conditionality set in our mutually agreed Financing Agreements strictly. We are all committed to deliver results for Moldovan citizens, and to use EU taxpayers′ money effectively and efficiently. The change of indicators should reflect this joint commitment and ensure our joint ambition. Therefore, changing indicators cannot imply lowering the ambition of the indicator.

I hereby agree fully with you to modify the indicators A.3.1 for years 2018 and 2019, and I partially agree to modify the indicator A.2.1. for year 2019, and the indicator A. 1.3. for year 2020. For the reasons related to the respect of the principles mentioned above, I regret to inform you that not all the modifications you had proposed were possible to accept, notably the modifications to the indicators A.1.1 for years 2017 and 2018, and the modifications to the indicators A.1.3. for the year 2019.

Mr Pavel Filip

Prime Minister of the Republic of Moldova

Piața Marii Adunări Naționale, 1,

MD-2033 Chișinău

____________________________________________________________________________________________

Commission europeenne/Europese Commissie, 1049 Bruxslles/Brussel, BELGIQUE/BELGIE - Tel. +32 22991111

In line with the procedure, 1 would be grateful if you send us a reply letter, at the latest by end of April 2018, to confirm your agreement with the revised Policy matrix attached. The Addendum no. 1 in the form of exchange of letters will constitute of the present letter and you reply letter. The Addendum no 1 will take effect on the date of your reply letter. As mentioned above, we would need to ensure that the entry into force takes place before end of April 2018.

Yours sincerely

Lawrence Meredith

Encl.:

Annex 1 - Original mutually signed Policy Matrix (2016)

Annex 2 - Revised Policy Matrix (2018)

4. Specific conditions for the disbursement of tranches

The specific conditions for the disbursement set out in Table C shall apply to the disbursement of a specific tranche. Tranche release requests shall include evidence of compliance with each specific condition.

Table C: Specific conditions for the release of tranches