Bulletin of the Ministry of Finance
Transcription
Bulletin of the Ministry of Finance
O e eG e IC OF MONT R pub OF F NANC N sT Y THe M N 6 6 Ministry of Finance of Montenegro Bulletin XVI April - June 2009 www.ministarstvo-finansija.vlada.cg.yu Administration TAX ADMINISTRATION: www.poreskauprava.vlada.cg.yu CUSTOM ADMINISTRATTION: www.upravacarina.vlada.cg.yu DIRECTORATE FOR ANTI-CORRUPTION INITIATIVE: www.antikorup.vlada.cg.yu ADMINISTRATION FOR THE PREVENTION OF THEMONEY LONDERY: www.gom.cg.yu/aspn DIRECTORATE FOR REAL ESTATES: www.nekretnine.cg.yu PUBLIC PROCUREMENT DIRECTORATE: www.djn.vlada.cg.yu Bulletin of the Ministry of Finance of Montenegro / April - June 2009 Table of Contents 4-5 6-12 Introduction - Mr. Igor Lukšić, PhD, Deputy Prime Minister and Finance Minister In THE Focus: IMF Arrangements in the Light of Global Economic Crises - mr Ana Krsmanović, Independent Advisor I 13-14 Security interest in immovable property - mortgage - Milanka Otović, Independent Advisor III 15-18 Activities of the SPO Unit in Preparation of the Projects for National Multi-beneficiary IPA 2010 Programme - Ms. Irma Nišić, Advisor - Ms. Branka Despotović, Advisor 19-24 Realization of the Capital Budget in First Half of 2009 Department for public investment planning - Ms. Ljiljana Crnčević, Independent Advisor I - Ms. Snežana Mugoša, Independent Advisor I 25-27 Report on the State Debt of Montenegro as of 30 June 2009 - Mr. Nemanja Pavličić, Asistant minister - Ms. Ana Banović, Advisor in the Division for Debt and Cash Management 28-29 FROM THE JOURNALIST PERSPECTIVE: Montenegro and Global Economic Crises: Vicious Cycle - Ms. Dragica Lalatović, TV Montena, Journalist 30-32 First Level Control as a Tool for Reducing Irregularities in the Process of Using EU Funds - Ms. Bojana Kaluđerović, Independent Advisor I, CFCU 33-34 Accounting and Auditing Reform in Montenegro - Ms. Ana Krsmanović, Independent Advisor I - Ms. Aleksandra Popović, Independent Advisor II 35-39 Activities of the DEPUTY PRIME MINISTER AND Finance Minister in the period from 1st April to 30th June 2009 - Ms. Gordana Jovanović, Spokesperson - Ms. Ivona Mihajlović, Assistant to the Spokesperson 40-43 INFO/WEB Other Activities in the Period from 1st April to 30th June 2009 - Ms. Gordana Jovanović, Spokesperson - Ms. Ivona Mihajlović, Assistant to the Spokesperson 44-46 IPA Adriatic Cross-Border Programme - Mr. Milorad Samardžić, Independent Advisor III, CFCU - Ms. Katarina Živković, Independent Advisor II, CFCU 47-50 Draft Budget Final Account of Montenegro for 2008 - Ms. Stanimirka Mijović, Independent Advisor I 51-53 Commentary: Impact of Global Economic Crises to Labor Market - Ms. Ana Krsmanović, Independent Advisor - Ms. Bojana Bošković, Independent Advisor I 2 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 54-55 Procedures in Printing and Issuing Excise Tax Stamps Sector for Tax and Customs System - Ms. Ružica Bajčeta, Independent Advisor II - Mr. Jovica Petričević, Independent Advisor I 56-58 International Cooperation: International Cooperation of the Finance Ministry - International Financial Institutions Meetings - Mr. Dragan Darmanović, International Cooperation Division Head - Mr. Marko Vukašević, Advisor in the International Cooperation Division 59-60 Elections for the European Parliament - Ana Ivanović, Independent Advisor - Nina Vukotić, Advisor 61-63 TRIM MNE FINAL CONFERENCE ROUND TABLE WITHIN THE COMPONENT: State Aid „State Aid - New Challenges or Obstacles for Montenegro and Entrepreneurs” - Ms. Sonja Bećović, Advisor of Minister - Ms. Šefika Kurtagić, Senior Advisor III 64 Payment of Converted Foreign Exchange Savings Bonds - Ms. Marina Popović, Independent Advisor I 65-67 Issuing, Withdrawing or Suspension of Accreditation for Decentralized Management of the European Union Funds - Ms. Nataša Kovačević, Assistant Minister, CFCU 68-69 Return of Pension and Disability Insurance Contributions - Ms. Tatjana Bošković, MSc. Independent Advisor in the Sector for Tax and Customs System 70-72 Fuel Consumption Assessment Based on Collected Excise as the Economic Activity Indicator - Mr. Vladislav Karadžić, Independent Advisor I - Mr. Radovan Živković, Independent Advisor I 73-74 World Bank Project - REPARIS - Ms. Ana Krsmanović, Independent Advisor I - Ms. Aleksandra Popović, Independent Advisor II 75-79 Leasing Market in Montenegro - Report for First Quarter of 2009 and Comparative Analysis of Leasing Market Trends in the Region - Bojana Bošković, Independent Advisor I - Jelena Vojinović, Independent Advisor III 80-87 88-89 Medium - Term Expenditure Framework 2010-2012 - Ms. Tamara Gačević, Independent Advisor I - Ms. Slobodanka - Mila Popović, External Advisor How to Exit Crises - Possible Scenarios and Repercussions to Montenegrin Economy - Mr. Vladislav Karadžić, Independent Advisor I - Mr. Radovan Živković, Independent Advisor I 90-95 Realization of Public Expenditure on Local Self - government LevelJanuary - March 2009 - Ms. Radović Gordana, Independent Advisor I in the Sector for Tax and Customs System - Ms. Slobodanka Buric, Independent Advisor I, Budget Department 96-99 Consolidated Public Consumption in Montenegro for the Period from I - VI 2009 - Mr. Stanko Jeknić, Independent Advisor I - Mr. Vladislav Karadžić, Independent Advisor I - Mr. Radovan Živković, Independent Advisor I - Mr. Iva Vuković, Senior Advisor III 100-102 Removing International Double Taxation - Mr. Mitar Bajčeta, Independent Advisor I Ministry of Finance of Montenegro Bulletin of the Ministry of Finance April-June 2009 NUMBER: 16 PUBLISHED: quartely PUBLISHER: Ministry of Finance FOR PUBLISHER: Igor Lukšić, Ph.D. EDITOR-IN-CHIEF: Gordana Jovanović EDITORIAL BOARD: Koviljka Mihailović MA Milorad Katnić Krsto Racković MA Nikola Vukićević Dušan Perović Mila Barjaktarović DESIGN: Adil Tuzović TeHnical ASSISTANT: Ivona Mihajlović CONTACT: PR Office of the Ministry of Finance TEL: +382 20 224 581 FAX: +382 20 224 450 E-MAIL: [email protected] WEB: www.mf.gov.me ADDRESS: Stanka Dragojevića br 2, Podgorica 3 ContaCt: Deputy Prime Minister and Minister of FInance Igor Lukšić PhD phone: fax: e-mail: web: +382 20 242-835 +382 20 224-450 [email protected] www.mf.gov.me Introduction Dear readers, After the end of the first half of 2009, we may conclude that Montenegro is struggling with adversities of the huge financial and economic crises. Financial system deviation, transferring negative consequences into the real sector, have generated significant weakening of economic activity in our country. Logically, industrial production is most affected, accounting for significant decline, partly but not sufficiently compensated by increased activities in the electricity generation sector. On the other hand, it looks like that the sector of services, especially tourism, will remain more or less stable, generating favorable impact on the overall situation. Generally, apart from unfavorable GDP trends, and declined budget inflows, we may talk about stabilization in prices, employment, as well as due to significant decline in imports, strong adjustments in the current account deficit. Moreover, we can talk about banking sector stabilization, as well as on certain recovery in 4 capital market, being a consequence of primarily EPCG recapitalization process, and the Decision on payment of dividends in few business organizations, prior to all Telekom. In my opinion, economic policy measures introduced by the Government are amortizing negative economic trends. As it was expected, immediately after elections, the new Government continues with activities that will counteract potential consequences of the crises, both by engaging direct measures, as by implementing measures that in the long run should assist the economic growth acceleration. In the light of the above, the first step is the adjustments in budgetary consumption, both in the revenue and the expenditure side, through certain corrections in excise tax. It should be emphasized that in that context, the programme with IMF still remains an open and realistic option which in any case should be held active. The Budget rebalance, provides for rebalancing between tolerated/accepted level of the budget deficit that is lower than Maastricht criteria and the level of debt which will remain on sustainable percentage against GDP. At the same time, the budget deficit is lower than capital budget expenses, which goes in favor of efforts used in maintaining the budget structure favorable. From January 2008, wages increased by 30% in all spending units, as well as the assumption of liability of repayment of debts to pensioners, which resulted in less room for maneuver in the time of recession. However, in the long run, it is necessary to focus on several plans. The continuation of improvements in the business environment and creation of conditions for attracting foreign direct investments are certainly priorities. This refers both to further alignment of the tax policy, as to elimination of business barriers, whereas it is necessary to continue with the strong investments in infrastructure making the grounds for future uniform economic growth. Moreover, the forthcoming negotiations with the social partners on General Collective Agreement should result in the balance between the need to have more flexible system on one side and fulfillment of social minimum of earnings on the other side. It is important to understand, that in times of crises, is crucial to share the burden. Such approach, means the assistance to most vulnerable categories. The essential approach should mean that is necessary to liberalize the economic system to the full extend and that the social policy is completed through budget consumption. Subsequently, it is necessary to implement programmes for optimizing large business entities in order to have industrial production on sustainable grounds providing the basis for production expansion. Anyway, forthcoming challenges require full commitment, abandoning unrealistic requirements and populism, as well as the provision of full contribution to the social dialogue. Mr. Igor Lukšić, PhD, Deputy Prime Minister and Finance Minister 5 In the focus IMF Arrangements in the Light of Global Economic Crises International Monetary Fund (IMF) has three basic activity areas – surveillance, lending and technical assista nce. Surveillance involves the monitoring of economic and financial developments, and the provision of policy advices, especially aimed at crisis-prevention. The IMF also lends to countries with balance of payments difficulties, to provide temporary financing and to support policies aimed at correcting the underlying problems; loans to low-income countries are also directed to poverty reduction problem. Third, the IMF provides countries with technical assistanc and training in its areas of expertise. Activity supporting all three aforementioned activities, is the economic research and statistic arrangement. This article is focusing on credit activities of the IMF, which became very important in the period of outbreak and expansion of the crises worldwide. However, these activities imply surveillance and provision of advisory services and statistical activities, having in mind conditions under which IMF’s lending are approved and used. With the outbreak of global financial crises, the role of the IMF significantly increased, especially having in mind the need of countries for financing, as well as the impossibility of countries with the lower level of national income to access international financial markets. IMF Lending On the request of a country, the IMF lending is usually provided as arrangement, prescribing obligating policies and measures with the objective of overcoming the problems. The economic programme, which is the basis of arrangement, is formulated in a country requiring lending with the assistance of the IMF. The programme is than presented to the Executive Board in a form of the Letter of Intent. Once the Board approves the loan, the payment is made in tranches, depending on achieved progress in programme implementation. 1 - The interest rate which is significantelly lower than the market interest rate. The IMF developed different types of loan, addressing different needs of its member countries. Low-income cou ntries may land money through two units of the Fund on the basis of concessional1, interest rate. They can use the Poverty Reduction and Growth Facility – PRGF and the Exogenous Shocks Facility, - ESF). Non-concessional are mostly provided through the Stand-By Arrangements -SBA), Flexible Credit Line – FCL for the members with the strong policy and policy Bulletin of the Ministry of Finance of Montenegro / April - June 2009 frameworks and Extended Fund Facility –EFF, mostly used by the low – income countries. The IMF is providing the urgent support, with the objective of providing recovery from natural disasters and conflicts. With the exception of PRGF and ESF, lending is approved on the basis of the IMF interest rates, based on the SDR (Special Drawing Rights), determined weekly, linked with the changes on international money marker. The amount which the country may lend from the Fund (access limit) depends on the type of the loan, and usually represents the multiplication of the quote. The most important instrument or the most important type of lending which the IMF is providing is the Stand-by arrangement (SBA). The SBA is intended for overcoming of short term imbalance of payment of the countries. The SBA is usually provided for the period from 12 to 24 months, while the payment period is from 3 to 5 years. IMF arrangements as the mechanism for mitigating the consequences of global economic crises in selected countries Many European countries, even some EU member states, required IMF’s assistance in a form of SBA, in order to overcome consequences of global financial crises. The most common reasons for these arrangements are in maintaining the currency exchange rate of the national currency, assistance to the banking sector in crises, as well as in maintaining the fiscal balance. Commonly, the SBA arrangements are approved as cases of extraordinary access, since the usual amount of SBA may not fulfill all needs for funding. (Box 1 Indicates the cases of exceptional access criteria). Hungary was one of the first EU countries to entered stand-by arrangement with the IMF, opting for exceptional access, i.e. landing which value exceeded the Hungarian quota - per 1000%. The same arrangement was used by Ukraine, Latvia, Iceland, Serbia, Rumania and Bosnia and Herzegovina. Table 1. Amounts and availability of SBA for selected countries Country Availability data Purchase Million SDR Hungary November 2008 – February 2010 10.537,5 (12,5 billion €) 1.014,8 Iceland November 2008 – October 2010 1.400,00 1.1970,5 Ukraine November 2008 – October 2010 11,000.00 801,7 Latvia December 2009- February 2011 1.521,6 (1,7 billion €) 1200,0 Belarus January 2009- February 2010 1,618,12 (2,5 billion $) 418,8 Serbia January 2009-Februar 2011 2.619.12 560,0 Rumania May 2009 – March 2011 11.443,0 (12,95 billion €) 1110,8 Bosnia and Herzegovina May 2009 – March 2011 11.443,0 (12,95 billion €) 1110,8 % quote Source: MMF, www.imf.org Depending on the problem with which the country is facing with, the economic programme or conditions to be fulfilled by the country differentiate; however economic programmes are mostly focused on decrease in public consumption, strengthening financial sector supervision and assisting the countries facing with the fluctuation in national currency – maintaining the currency. There are some differences in measures, which in some areas must be implemented, e.g. in the area of fiscal policy, measures are aimed at decreasing the current expenditures, with the special focus on expenditures for salaries and other transfers, as well as on decrease in capital expenditures and focusing on priority projects. In the following text is indicated the review of basic elements of economic programmes for selected countries. HUNGARY –SBA approved in november 2008 Required funds for: • Significant fiscal adjustments with the provision of reduction of financing needs of the government; • Maintaining liquidity and capital in banking sector. 7 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 Hungary: Exceptional Access Criteria Staff’s assessment is that Hungary meets all four criteria for exceptional access requiring an evaluation of the case for exceptional access based on the four substantive criteria under the exceptional access framework: (1) The member is facing with the exceptional balance of payments pressure in the capital account resulting in a need for Fund financing that cannot be met within normal limits. (2) Rigorous and systematic analysis had shown that there is high probability of a sustainable debt position. (3) The member has good prospects of regaining access to private capital markets in time when the debt is due. (4) The policy program provides a reasonably strong prospect of success, including not only Hungary’s adjustment plans but also its institutional and political capacity to deliver that adjustment. This framework also established stricter procedures for decision making on exceptional cases, with the objective of strengthening security and improving accountability. Procedures include: • Systematic consultations of the Board on programme negotiations, through confidential informal briefings. Directors receive short notes including the following: (i) temporary problem diagnosis; (ii) description of necessary measures; (iii) the basis for assessment of needs for the exceptional access, being in conformity with the preliminary assessment of four important criteria; and (iv) discussion timeframe. Directors are also receiving informal letter, providing the assessment on the grounds of exceptional access which is based on further review of the four important criteria. • The burden is in programm documents. The reports of personnel suggesting exceptional access, must include all four criteria, in-depth elaboration of the necessary balance of payments, comparison of suggested access with other indicators except the quota and systematic and comprehensive information on capacity of debt repayment, the Board is provided with the risk assessment and the liquidity impact to the Fund . • Ex-post programme evaluation in the period of one year following the finalization of the programme. Requirements: Fiscal policy Decrease in revenues through: • Maintaining constant level of salaries in the public sector in 2009; • Elimination of 13th salary to all public sector employees; Elimination 13th pension; • Postponement of indexation of social protection benefits; • Across-the-board cuts in other spending allocations to ministries; • Prioritization of capital projects co-financed by the EU structural funds and programme for the support of SME; • Prevention of debt accumulation; • Control over expenditures of local governments and application of correction measures, if necessary; • Adoption of the Law on fiscal accountability setting rules on public debt and primary deficit and medium-term budgetary framework strengthening. Fiscal sector policy Defining strategy for resolving private debts to which the citizens are exposed; fixing monthly installments, conversion of foreign currency credit into forint, without additional 8 payments, decrease in monthly installments and extending the deadline in case payment inability; • Strengthening the role of the Central Bank and Instit ution in charged of financial supervision, to evaluate and react to liquidity problems; • Rescue package for the banking sector – assistance for improvements in capital and guarantee fund; Strengthening financial regulations and supervision through: introducing credit registry for households, providing the Central Bank to obtain individual, unidentified data and to analyze credit risk, implementing maximum ratio of loan/ value for new housing loans, monitoring the exposition of the banks to foreign currencies. Monetary policy and currency • Since the currency exchange rate is fluctuating, monetary policy is focusing on maintaining the inflator level. Apart from IMF (12, 5 billion Euros), Hungary is receiving the EU assistance – 6, 5 billion Euros, from the World Bank 1 billion or total of 20 billion Euros. iceland – SBA approved in november 2008 Required funds for: • Restoring confidence and stabilization of the currency Bulletin of the Ministry of Finance of Montenegro / April - June 2009 through strong macroeconomic policy; • Limiting losses in failed banks and implementation of multi - annual programme of fiscal consolidation directed to feasibility in mid-term through gradual decline in public debt; • Design and implementation of the comprehensive, sound and nondiscriminatory strategy for the banking sector, with the objective of promoting domestic banking sector and preservation of international financial relations. Requirements: Banking sector restructuring and insolvency frame work reform • Extending authorization of the inspection body; • Splitting banking sector – three biggest banks to be divided each into the new and the old bank; • Adoption of the organizational structure providing the possibility to resolve problems of banking sector and transparent renewal of property; • Appraising new and old banks to provide that the recovery of creditors is not jeopardize by splitting; • Following the appraisal, new banks will be recapitalized up to the ratio of capital adequacy of at least 10%; • Implementation of a sound and transparent process related to creditors in banks where the intervention is made; • Revision of the regulatory framework for banks and supervision to strengthen security in case of new crises; • Insolvency framework must be changed to lower the leverage and to provide the recovery in the banking, corpo rative and households sector. Fiscal policy: • Overcoming the banking crises will represent huge overburden to the public sector – of around 80% GDP, will represent the gross expense for the payment of liabilities insuring deposits and recapitalization of commercial banks and the Central Bank; • Allowing for full application of fiscal stabilizers in 2009, increase in need for funding and its pressure on financial markets will be limited by purchase of state pension bonds. The functioning of the central government will be limited by quarterly limits of net lending; • It is planned to implement ambitious medium-term fiscal consolidation plan. The fall of structural primary deficit by 2 to 3% annually, with the objective of obtaining low structural surplus up to 2011, and primary structural surplus of 3 - 4% GDP 2012; • Fiscal framework strengthening – for the first time the four-year medium – term is sent to Parliament for adoption at the same time when the budget was sent, the fiscal framework will be analyzed and debt strategy will be developed, and both documents will be analyzed to provide better alignment of the national finance with the fiscal plans of the central government. • Public sector will not assume additional obligations related to the financial crises – losses of the pension fund, domestic financial funds and foreign creditors will not be socialized. Monetary and currency policy • Stabilization of koruna and preparation for slow currency appreciation; • Slowing/preventing the capital outflow will be fulfilled through: • increase in interest rate to 18%; • strong credit control of the Central Bank over the commercial banks; • use of currency reserves for the prevention of excessive volatility of koruna; • fixed restrictions on a temporary basis for capital account transactions; • temporary control of the currency rate as a response to the strict worsening in the value of koruna and pressure on reserves will be removed during the programme. Income policy • Reaching national agreement on programme for salaries adjustment. Belaruss –SBA approved in january 2009 Required funds for: • Adjusting to extreme shocks ; • Addressing current economy vulnerability. Requirements: Fiscal policy • Targeting balanced budget of the central government in 2008 and 2009, excluding recapitalization of banks; • Measures for targeting the central government bala nce in 2009, are: • Limiting the growth of salaries in the public sector to 10%, which is less than planned inflation level; • Increase in salaries in companies where the state has a controlling stake mustn’t exceed 5%; • Limiting capital expenditures – decrease in capital expenditures realized in 2008; • Increase in the fee for public utility services; • Targeted social consumption will be increased in order to protect the most impoverished categories up to the adjusting measures; • Additional external funding for the budget, in order to accelerate economic growth by implementing fiscal stimulus in the second half of 2009; • Accelerating privatization process focusing on large companies; • Establishing the agency which will allow for leasing of equipment for exporters. Financial sector policy • Strengthening confidence in banks, with the full 9 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 guarantee in household deposits; • Uncollateralized support to the banks liquidity must represent the exception and support to liquidity may be provided only on the basis of qualitative collateral; • In order of providing adequate capitalization of the state banks, additional funds are allocated from the budget; • Institutionalization of the framework for reacting to potential financial crises; • Prohibition to central and local governments to transfer additional funds to deposit accounts with the commercial banks; • The Central Bank will suspend direct lending to nonfinancial institutions; • Privatization of large state owned banks. Monetary and currency policy • Implementation of the stronger currency regime, linking the currency to the basket of currencies and allow for fluctuation ±5%; • Monetary policy will support new currency regime and it will be directed to achieving targeted inflation of 11,5%. Policies for improving business environment • Liberalization of salaries, the state will not interfere in salary policy of companies having minority stake; • Monthly increase prices limitation will be abolished; • The number of products whose prices are controlled will be significantly decreased; • Decreasing the tax burden – decrease in half the sales tax, local sales taxes and decreasing effective tax rate on income. Ukraine – SBA appoved in december 2008 Required funds for: Stabilization of the domestic financial system jeopardized by the global crises and domestic confidentiality crises; Economy adjusting to extreme shocks in terms of trade. Requirements: Monetary policy • Implementation of the flexible currency rate; • Activities of the Central Bank and regulations related to the foreign currency markets will be revised with the objective of improving market mechanisms; • Main objective of the monetary policy is the increase in inflation to 17%, up to the end of 2009; • Medium-term objective – directing monetary policy to reaching inflation objectives. Financial sector policies • Restoring stability and confidence in the banking sector, by supporting well designed liquidity targeted to increase in guaranty of deposits, banking monitoring system, 10 addressing problems of the Prominvest Bank, improvements in financial reporting; • Development of comprehensive strategy for resolving problems, including diagnostic strategies and banking sector research, financial support to sustainable banks, adoption of regulations allowing the Central Bank to engage in the process of addressing problems. Fiscal policy • Maintaining low-level general government deficit to the low level; • Decelerating salary growth in the public sector; • Maintaining the budget for 2009, to the budget level from 2008, in nominal amounts; • Limiting salaries growth, pensions and other social transfers in accordance with projected inflation. Salary of public servants will remain at the same level, postponing the increase in minimum wage for two years and revising indexation of the social benefits with past inflation and their indexation with forecasted inflation; • Ensuring higher transparency and financial stability in extended public sector – Naftogas. Balancing the prices of domestic and imported gas up to 2011. Support to the private sector policies • Facilitation of the solution for corporative sector debts; • Creation of the functional market for agricultural land; • Agreement on list of companies to be privatized. Latvia – SBA approved in december 2008 Required funds for: Banking sector liquidity improvement (Parex Bank, second in size national bankis facing with huge withdraw in foreign deposits and at the beginning of 2009, debts are maturing); Support to the currency rata. Requirements: Monetary policy • Maintaining currency rate, fiscal policy and income policy will provide for adjustments; • Partly nationalization and control of Parex Bank, already implemented; • Testing the banking system solvency – external international audit; • Sustainable banks which need increase in capital are requiring private restructuring through selecting foreign investors or support of the domicile banks; • Use all supervisory limitations in accordance with the pillar II Basel standards and require increase in capital and liquidity of banks; • Improve capacities of the crises management, inclu ding all individual banks (property and liabilities) providing Bulletin of the Ministry of Finance of Montenegro / April - June 2009 urgent liquidity support; • Laws on banks will be improved and provide for institutions to undertake timely and efficient actions in order to restore financial stability and to improve special solvency regime; • Private debts restructuring: - defining the strategy by the end of June 2009; • Fixed currency rate policy will represent a support to monetary policy up to adopting Euro. Fiscal policy • Medium – term fiscal framework will decrease the deficit to 3% GDP up to 2011. • Increase in revenues through: • VAT increase by 3% to 21%, and decrease in rates from 5% to 10%, in 2009; • Increase in excise tax for fuel, alcohol, non – alcohol beverages and coffee (2009); • Reincrease recently decreased non-taxable part of income for income taxes of physical persons and decrease the tax rate on income by 2 % to 23% (2009); • To introduce from 2010, the tax rate on all capital revenues by 10%; • From 2010, increase property and immovable property taxes; • Increase non-tax revenues, increase in dividends paid by the state owned companies to 50%; • Expenditures will decrease by: • Decreasing compensation to employees in the public sector by 15% (compensations include salaries and all other personal earnings of employees); • Pensions freeze; • Subsidies rationalization (including social transfers) • Decrease in consumption of goods and services; • Amendments to the Budget Law and request to all agencies and ministries to maje prioritizations of their activities and further savings plan by March 2009; • Decrease in local self – government expenditures – decrease in salaries by 15%; • Introducing the obligation for weekly forecasts of cash flow, for all budgetary users and local self governments; • Structural reforms • Stricter control over consumption by the Ministry of finance; • Application of the medium-term budget framework; • Increase budget transparency. Salary policy • Decrease in compensations (salaries and bonuses) for 15%, compared to planned budget for 2009. • Establishment of the Committee for promotion of limiting of salaries, mechanism for calculating salaries must be in accordance with limitations imposed by fixed currency rata. Apart form IMF (1,7 billion Euros), Latvia is receiving assistance from the EU – 3,1 billion Euros, Nordic countries – 11 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 1,8 billion Euros, Czech, Poland and Estonia 0,4 billion Euros, the World Bank and the EBRD - 0,5 billion Euros, or in total amount of 7,5 billion Euros. Serbia –SBA approved in january 2009 Funds required for: • In the arrangement agreed in January – as a precaut ion measure in case of global crises overflow as well as the platform for possible (higher access case); • Revised arrangement from May 2009, directed to the maintaining of macroeconomic and financial stability in light of stronger negative impact of global economic crises than anticipated. Requirements: Fiscal policy • Limiting general government deficit to GDP; • As for expenditures, measures are as follows: public sector salaries freeze (including public companies) in the nominal amount in 2009 and 2010; nominal freeze of pension benefits up to the end of 2009; suspending employment on all levels of the government, including contracts on temporary period; decrease in funds allocated to ministries; return of 40% of own funds of budget institutions in 2009; decrease in transfers to local self governments; decrease in transfers to health fund. • As for revenues, measures are as follows: increase in excise tax on fuel and diesel fuel; implementation of excise tax on mobile telephony services; increase in duties for cars; increase in collection of property tax. • Administrative capacity building with the objective of increasing tax legislation compliance; • Coordination of all levels of the government and strengthening public sector financial management; • As back-up measures, in case of worse financial posit ion of the government, it is planned to increase VAT and to decrease nominal wages; • For 2010, is planned to decrease general government deficit to o 1,75% GDP. • Monetary and currency policy • Monetary policy will be focused on maintaining lower inflation, instruments – interest rate; • The Central Bank will not increase loans to the public sector, directly or through primer market by purchasing debtors securities; • Amendments to the Law on Central Bank and application of the EU acquis and full prohibiting of lending to the public sector. Financial sector policies • Continuous monitoring of liquidity, deposits and foreign currency reserved of banks; • Development of bonds market in Dinars; 12 • Withdrawal of the state from the ownership in banks and insurance companies. Structural policies • Privatization, restructuring and elimination of the large number of state owned enterprises; • Modernization of public enterprises enabling particip ation of public sector; • Privatization plan for 480 state owned enterprises; • Insuring discipline in salaries in public enterprises as well as on the central government level. Apart form SBA arrangement, the IMF was providing Flexible Credit Lines (FCL). First countries to require this type of assistance in the time of economic crises were Poland and Mexico. FCL arrangement is much favorable because it is not anticipating conditioning and gradual access as it is the case in other programmes. FLC flexibility includes: • provision of significant funds without ex-post requirements; • renewable credit lines, to six or twelve months; • Extended repayment period (three to five years); • The absence of limitations in the sense of ratio between required funds and quote; • Flexibility to withdraw funds at any time or to treat it as caution measure. FLC requirements are (a) strong economic fundaments and institutional framework; (b) application and existence of sustainable record of implementation of strong policies and commitment in implementation of such policies in future. These requirements are assess by the IMF team based on following criteria: Sustainable external position; Private flows are dominant in capital account; Holds permanent independent access to foreign capital markets under favorable conditions; Reserves position is relatively conform when the FLC is required as caution measure; Sound public finance, including sustainable debt position; Low and stable inflation; Absence of insolvency problem in the banks representing the threat to the system crises of the banking sector; efficient supervision over financial sector; Date transparency and integrity. Ms. Ana Krsmanović, M.Sc. Independent Advisor I Bulletin of the Ministry of Finance of Montenegro / April - June 2009 Security interest in immovable property - mortgage Security interest, as the right of a creditor (mortgagee or pledgeholder) to demand satisfaction of his claim by fore closing the pledged property with priority over creditors who do not have a pledge created on that particular property, is regulated by the new Law on Ownership Rights (Official Gazette of Montenegro, No. 19/09). Security interest in immovable property, i.e. mortgage, authorizes a creditor to foreclose the mortgaged property if a debtor does not pay his debts when due. A mortgage can be created on an individual property that has the capacity to be monetarily valued, as well as on a percentage (aliquot part) of that property, building under construction, as well as a separate part of the building under construction (apartment, business premises, garage, etc.), regardless of whether it has already been built, provided that a building permit has been issued in accordance with the Law regulating construction of buildings; land that can be freely disposed of, land parcel having a building permit issued, or land parcel in the State ownership that can be disposed of by legal entities. A mortgage cannot be separated from the encumbered immovable property even when a third party acquires owne rship of the property. A mortgage cannot be transferred from one immovable property to the other unless the mortgagee and mortgagor agree otherwise. The mortgage shall secure the entire claim, interests and other ancillary claims and enforced collection costs. A mortgage can be created to se cure conditional or future claims. A mortgage shall be used to secure the satisfaction of an obligation based on the value of the encumbered property which obligation must be a financial obligation or an obligation that can be monetarily valued. A claim is specific enough if the creditor and debtor, the legal grounds and the amount, i.e. the maximum secured amount, are determined. A mortgage shall be created by registration in the cadastre of immovables on the basis of contract (agreement) between the parties (contractual mortgage), statement of pledge (unilateral mortgage), law (statutory mortgage), and court decision (judicial mortgage). A mortgage agreement shall oblige a debtor or a third party (mortgagor) to register his security interest in the cadastre of immovables in order to secure creditor’ s claims, whereas a creditor shall be obliged to issue a certificate to delete the mortgage upon satisfaction of his claims. A mortgage agreement must be concluded in writing and authenticated by a competent body, and it must contain Milanka Otović all elements prescribed by the Law and necessary for its conclusion. A change introduced by the Law on Ownership Rights is the possibility to register mortgage on the building under construction. In case of contractual mortgage on the building under construction, the registration procedure is as follows: on the land where the building is constructed, a mortgage shall be registered on the building under construction, and upon registration of the building in the cadastre of immovables, a mortgage shall be registered ex officio on the constructed building or separate part of the building. If the building during construction changes its owner, a new owner shall have the rights and obligations of the former owner against the mortgagees. This change enables the persons, who do not own alre ady constructed residential or business units that can be used as security or that may be mortgaged, to obtain loans from banks. 13 To secure a claim, a mortgage can be created on several immovable properties, regardless of whether they belong to one or several owners. If a debt is not paid when due, a mortgagee can choose from where to satisfy his claim. Such a mortgage is called a joint mortgage. In the cadastre of immovables, a mortgage securing a claim that does not have to occur can be registered - the so-called conditional mortgage. In addition to conditional mortgage, the Law on Ownership Rights regulates credit and continuing mortgage (continuing security clause). In the case there are several mortgages on the same immovable property, the priority of a mortgage shall be established according to the moment of submission of the request for its registration, and creditors shall satisfy their claims in the order of priority that cannot be changed without the agreement of all persons whose rights may be affected by the change. A mortgagor shall have the right to keep and use the mortgaged property, to lease it or divest of it without the consent of the mortgagee, but the right of a mortgagee shall not be diminished. A mortgagor shall be obliged to maintain the mortgaged property, and he shall be obliged to inform the mortgagee of all changes in the property, and especially on deterioration of its condition or loss in value. A mortgagee shall be authorized to protect his right (mortgage) against all third persons, as well as mortgagor. A mortgagee shall be entitled to demand the satisfaction of his claims from the value of the mortgaged property regardless of whether the mortgagor or a third party owns it. The notice of commencement of foreclosure must be registered in the cadastre of immovables in which the mortgage agreement was registered. In case the claim secured by the mortgage agreement is not satisfied, the mortgagee may satisfy his claim by judicial or extra-judicial sale. The mortgagor may contest the right of the mortgagee 14 to foreclose the mortgage using the extra-judicial sale procedure, by submitting a complaint to the competent court within the deadline prescribed by the Law. Submission of the complaint does not postpone the foreclosure, except if the mortgagor submits evidence that secured claim has been fulfilled or is not due, that there has been a breach of the procedure prescribed by the Law on Ownership Rights, or that the mortgage has not been registered in accordance with the Law. Security interest in immovable property, i.e. mortgage shall terminate, when the mortgagee renounces the mortgage in writing; the claim secured by the mortgage ceases to exist or is satisfied together with interests and other subsidiary claims; the mortgaged property is sold at a judicial or extrajudicial sale to fulfill the secured claim; the mortgaged property is destroyed; a decision ordering termination of the mortgage becomes final and binding; the same person is both mortgagee and mortgagor; a mortgagee acquires the ownership right on the mortgaged property; and when the mortgage is deleted from the cadastre of immovables. Milanka Otović, Independent Advisor III Bulletin of the Ministry of Finance of Montenegro / April - June 2009 Activities of the SPO Unit in Preparation of the Projects for National Multi-beneficiary IPA 2010 Programme The use of IPA funds is one of the instrument for obtaining the EU candidate status aimed at providing support in facing in the European integration challenges, implementation of reforms enabling the fulfillment of the EU requirements, progress in stabilization and accession process, as well as creating the grounds for meeting the Copenhagen criteria for the EU membership. Namely, IPA instruments differ according to the possibility of beneficiary countries in using funds. Unlike candidate countries, having accredited decentralized management system of the European Union Funds (DIS) pursuant to which the assistance is provided through all five components, not accredited potential candidate countries and candidate counties for DIS – such as Montenegro, receive the assistance only through the first two components. The first IPA component (Transition Assistance and Institution Building) is divided into the national and multibeneficiary IPA funds (hereinafter referred to as: MB IPA), while the second component is designed for the cross-border and regional cooperation strengthening. On the basis of the Article 72, of the IPA Implementing Regulation (Commission Regulation (EC) No 718/2007)), the first IPA component is divided into two components, i.e. into national, regional and horizontal programmes - MB IPA. The main difference between the national and the MB IPA is in the fact that one project from MB IPA is at the same time realized in several EU accession countries, while national IPA programmes provides direct assistance to a certain country. Irma Nišić Branka Despotović National IPA 2010 Programme As already known, national IPA programme is focused on priorities set by the IPA beneficiary countries. Montenegro, as potential candidate country for joining the EU and the IPA beneficiary, is currently preparing projects for IPA 2010, which is developed on the basis of standard programming process composed of six phases, such as: programming, identification, formulation, financing, implementation, evalua tion and audit. Namely, the IPA programming of funds requires that the identification and preparation process of projects is based on 15 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 relevant strategic and programming documents. The programming process, is a long-term process requiring strategic approach, inter-sectorial consultations, coordination between institutions and appropriate public administration capacities enabled identific ation of priorities and preparation of project proposals. The IPA 2010 programming process starter at the end of January 2009 when the Secretariat for European Integration submitted the information to the line ministries on initiation of the IPA annual programming process. Line ministries are informing relevant institutions, from their area of competency, on the beginning of the programming process. Namely, every ministry appointed Senior Programming Officer comprising the Project Implementation Units (SPO Units), participating in the IPA funds programming phases within their respective ministry and providing coordination between the Secretariat for European Integration and relevant institutions under the authority of certain ministry. Following the submission of information by the Project Implementation Units (SPO Units), on the start of the programming of the IPA 2010 programme and submission of the basic strategic documents and guidelines necessary for the identification of projects, administrations and agencies under the authority of a ministry have submitted their project ideas in prescribed deadline. The obligation of the Project Implementation Units (SPO Units) is to check whether the project ideas are prepared in accordance with determined pattern, as well as to insure the absence of overlapping between the donors projects, as well as that the project ideas are submitted to the Secretariat for European Integration. The MIPD (Multi-annual Indicative Planning Document) is the main documents used in the programming of IPA projects, providing strategic framework for multi-beneficiary IPA funds for candidate and potential candidate countries. The MIPD is a three year document and is updated annually. The MIPD relies on the MIFF (Multi-annual Indicative Financial Framework) setting forth indicative review of distribution of the EU funds on a yearly basis and by components for each country which is entitled to use IPA funds. In accordance to the MIFF, in 2010 Montenegro is entitled to use the total of 34 million Euros for the first and the second component, which may be seen in the following Chart: Table 1: Montenegro: Multi-annual indicative financial framework, in million Euros. Component [2007] 2008. 2009. 2010. 2008-2010 I. Transition Assistance and Institution Building II. Cross-border cooperation Total [27.5] [3.9] [31.4] 28.1 4.5 32.6 28.6 4.7 33.3 29.2 4.8 34.0 85.9 14.0 99.9 It should be emphasized that SPO Units are in charge only for the first IPA component, thus all aforementioned projects may be financed from this component, i.e. available funds for Montenegro amount to 29.2 million Euros for the Transition Assistance and Institution Building, ensuring proportional distribution of funds. Following the review of strategic documents, the Ministry of finance, or institutions from the area of its competency, proposed following project ideas for the IPA 2010: Title Tax Administration Public procurement directorate Customs Administration Anticorruption Initiative Administration Ministry of finance (state aid, budget department and sector for tax and customs system) MONSTAT Project purpose Support to the Tax Administration with the objective of achieving legal, procedural, human resources and IT objectives, as set forth in the strategic plans of the Tax Administration, complying with the EU criteria. Provision of effectiveness, efficiency, transparency and information on public procurement procedures and provision of value for money. Improvements in the customs system in accordance with the EU standards and support to trade facilitation. The objective of the Project is to ensure continuous application of obligations, set forth in the National anticorruption strategy and organized crime; implementation of the integrity law in the public sector. Improvement of financial transparency and achievement of enhanced policy by creating efficiency – based on knowledge and experience – budgeting process, tax policy, customs and state aid system in order to achieve more efficient allocation of government resources. Harmonization with the EU standards in the area of agro-monetary statistics; development of the Registry which will contain data on legal entities (companies and cooperatives), as well as the data on family agricultural holdings used in statistical purposes; Harmonization of the educational and science system with international standards and recommendations. By the end of February 2009, the Secretariat for European Integration, as the coordinator of the donors assistance, organ ized a donors meeting. The suggestion was that similar smaller projects should be merged and described as activities of a bigger project in order to improve the quality of proposed projects, which is the recommendation of the European Commission with the objective of achieving more efficient project implementation. As for the Ministry of finance, it was suggested that the 16 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 Customs Administration and the Tax Administration merge their projects into one, MONSTAT – should align components with the components of the Ministry of agriculture, forestry and water management, Administration for anticorruption initiative – should merge the project in the area of fight against corruption with the Police Administration and Police Academy projects. The Project of the Ministry of finance was assessed as priority in the finance area, while the project of the Public procurement directorate was postponed, due to the fact that is overlapping with the project from IPA 2007 programme. After corrections, project proposals of the Mini stry of finance were finalized and sent to the Delegation of the European Commission for review, and it includes following project ideas: 1. ,,Modernization of the customs and tax system in Montenegro in accordance with the EU standards’’, benefi ciaries: Customs Administration and Tax Administration. 2. "Harmonization of the statistical system of Monten egro with the European statistical system’, beneficiary Mo nstat. 3. ,,Administrative capacity building in budgeting, mac roeconomic projections and analysis, tax and customs system and state aid assistance’, beneficiary Ministry of finance. Delegation of the European Commission is developing the short list of project ideas, after which the institution in charge is expected to develop the project ideas into the Project Fiche, as well as in the format prescribed by the European Commission. Project Fiche is developed during the third and the forth quarter of the current year. We are now expecting the final decision of the European Commission, setting forth which projects will be financed through IPA funds. After the European Commission approves Project Fiche, preparations for approval and signing of the Financial agreement on national annual IPA programme are made. The Financial agreement on national annual IPA programme sets the obligations of the institutions/bene ficiaries. Next step in the programming process is the pre paration and implementation of tenders. Multi-beneficiary IPA 2010 programme The importance of the multi-beneficiary regional and horizontal programmes is in supplementing and increasing the value of the programmes planned under national IPA programmes. Multi-beneficiary MIPD means the cooperation and dedication of the beneficiaries of the European and Accession partnership. Apart form aforementioned, this programme prescribes active participation of national bodies in beneficiary countries in programming. Programmes that are realized within the MB IPA are de fined by the Multi-Beneficiary Multi-annual Indicative Plann ing Document - MB MIPD in which development are parti cipating the beneficiary countries of the MB IPA - Albania, Bosnia and Herzegovina, Macedonia, Croatia, Montenegro, Serbia and Turkey. Projects included in the MB IPA programme are prepared on centralized level, i.e. by the European Commission, with the objective of promoting regional cooperation. MB IPA programming is based on preparation of project forms and financial proposals by the European Commission. The Eu ropean Commission initiates and prepares draft project ideas, on the basis of the needs of countries in the region and priorities set forth in the MB MIPD. Prepared proposals are submitted to beneficiaries for comments followed by inter-sectoral consultations within General Directorates of the European Commission. Final decision on approving /di sapproving the Project Fiche is passed by the IPA Committee composed of the representatives of the member states. The decision of the IPA Committee on proposed projects is fo llowed by signing the Financial agreement between the Eu ropean Commission and the beneficiary countries. As for the regional support to the Multi-beneficiary MIPD for the period 2009-2011, it focuses on regional cooperation activities providing the support in reconciliation and political dialogue within the Stabilization and association process of Southeastern Europe. As for the horizontal programming, it focuses on the activities related to the economic development in cooperation with the international financial institutions, as well as participation of beneficiary countries in programme of the Community open for the Western Balkan. In accordance with the aforementioned, in 2010, Mon tenegro was offered around 50 project ideas from the multibeneficiary programme. In principle, the Ministry of finance provided consent for the following project ideas: 1. Fight against money laundering, terrorism financing, assets confiscation This project will be financed through GRANT not impo sing financial obligation to Montenegro. It relates to the structures directly involved in fight against money laundering in the following countries: Albania, Bosnia and Herzegovina, Croatia, Macedonia, Serbia, Montenegro, Moldova, Turkey and UNMIK Kosovo. The purpose of the Project is to strengthen regional level of inter-agency cooperation and administrative capacities for reveling and prevention of money laundering operations and terrorism financing. The second objective of the Project is the harmonization of national legislation in the area of money laundering with the EU legislation system, policies, procedures and standards with the special focus on linkage between the money laundering and illegal migrations and human trafficking, money laundering trends and indicators and terrorism financing, non-profit organizations in the light of their possible connections in terrorism financing. Additional purpose of this project is the improvement of operational structures, implementation of laws and improvements of the judicial system. Expected outputs are as follows: creation of more efficient mechanism for fight against cross-border money laundering 17 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 and terrorism financing and strengthening the cooperation between the bodies responsible for implementation of laws, as well as creation of capacities for fulfilling the requirements prescribed by the EU legislation related to the fight against money laundering. Project activities will include the following: support to bodies in charge for implementation of the law and crimi nal prosecution in creating procedures for international co operation and for adoption of legislation making differentia tions in competences of the police and prosecution; determining characteristics of money laundering on the regional level, as well as emphasizing differences between the countries if any; identification of obstacles in successful prevention and repressive judicial policies on national and regional level; development of recommendations related to the regional policy and practice. Activities related to the implementation of this Project will be focused on technical support to beneficiary countries aimed at realization of this Project, provision of the support for the purchase of equipment and software licenses. Technical support will refer to coordination of activities of the administrations of beneficiary countries providing support in programming, project design and consulting services, as well as the training to the users. Support in the procurement of equipment will rely on technical expertise for the purchase of server hardware and software licenses, as well as devices in order to insure sound functioning of the system. 4. Statistical cooperation between the beneficiary cou ntries 3. Electronic data exchange and automatic connection to the customs information lists The allocation of funds for this Project started in 2003 (CARDS program), and it was intended for the Balkan count ries and Turkey. Since this is not an investment project, Mon tenegro does not have the financing obligation. The purpose of this Project is to improve and strengthen statistical system in beneficiary countries related to availa bility, quality, comparability and accuracy of statistical data. The expected outcome of the Project is the improvement in productivity of the statistics, sustainability, transfer of knowledge, quality and compatibility; preparation of bene ficiary countries for the application of the acquis commu nautaire, to improve coordination between beneficiary cou ntries and national statistical system, as well as to improve provision of statistical data to EUROSTAT. Activities necessary for the fulfillment of aforementioned objectives, relate to the provision of technical support in the light of sending experts missions in beneficiary counties, organizing seminars and workshops, functioning of the help desks in order to provide continuous support. Generally, these activities will help in integrating statistical personnel in international network and therefore it should be focused on motivating the personnel. This project will include following statistical areas: ma croeconomic statistics, statistics of prices, foreign policy st atistics, demographic statistics, labor market statistics, agr icultural statistics, business statistics, statistics in the area of science and technique, information society statistics, energy and transport statistics, environmental protection statistics, tourism statistics. The Project does not prescribe financing obligation. The users of the Project are Customs Administrations in the Western Balkan countries and Turkey. General objective of the Project is administrative capa cities building in the structures of customs administration related to the creation of efficient system of electronic data exchange. Specific objective of this Project is the imp lementation of the procedures and technical realization of the system for electronic data exchange improving the fight against frauds and elimination of irregularities, regional cooperation, as well as the question on status of administ rations. Ms. Irma Nišić, Advisor Ms. Branka Despotović, Advisor 2. Development of regional mechanism for direct exchange of data between the agencies responsible for the return of assets in Southeastern Europe. Beneficiaries of the Project are the countries that establ ished agencies for the return of assets: Albania, Bosnia and Herzegovina, Croatia, Macedonia, Serbia, Montenegro, Mol dova, Turkey and UNMIK Kosovo. The purpose of the Project is strengthening of activities of relevant state bodies related to determining of cross-border criminal groups and evaluation of the cooperation level between the agencies for return of assets, establishment of foundation for determination of mechanisms for improvement of the data basis and its further development in the system for direct exchange of operational information. Activities that need to be undertaken for the fulfillment of these objectives relate to the analysis of the existing legal framework in the area of the return of assets, revising the best international practice in the area of international cooperation and identification of the cooperation grounds, as well as signing the contract on establishing the mechanism for the direct exchange of information between the bodies responsible for return of assets. 18 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 Realization of the Capital Budget in First Half of 2009 On the basis of the Budget Law of Montenegro for 2009 (“Official Gazette of Montenegro”, No. 82/08), funds for the capital budget are planned in the amount 217.212.715, 00 €. The amount of planned funds for the Directorate of public works is 122.612.715, 00 € and for the Directorate of traffic 94.600.000,00 €. The Directorate of public works, within planned capital projects in the first half of the current year, continued with the realization of already initiated projects and started the preparation of the project documentation related to following projects: • Construction and reconstruction of pre-school edu cation facilities - Kindergarten in Golubovci Following the public bidding procedure, the Directorate of public works contracted works aimed at construction of facilities, the obligation of city municipality Golubovci is the cleaning up of the construction location, and the obligation of the Ministry of education and science is to obtain construction license. Realization of this project will improve conditions for the conduct of pre-school education programme. Ljilana Crnčević • Construction and reconstruction of secondary school facilities - Elementary School “Risto Manojlović” and Eleme ntary music school in Kolašin Snežana Mugoša construction of the facility is planned to be finalized in 2010. The total space of the facility is cca 6.300 m2. One part of the facility will be used for the needs of Elementary school, in total space of 5.750 m2, designed for the needs of 1200 – 1300 pupils, for the work in two shifts, and the second part of the facility will be used by the Music school, space of 550 m2. Realization of this project will create teaching conditions. The works related to the realization of the first cons truction phase of this facility were finalized during 2008. During 2009, is planned to continue with the works, and the - Elementary School “Ante Đedović” in Bar During 2008, project documentation was developed 19 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 and works initiated, while in 2009, after the end of the tourist season, is planned to continue with works. and it is planned to finish the construction by the end of the current year. This facility will provide working conditions for 350 – 400 students in accordance with normative for this type of facility. - Building complex of music arts and drama academy in Cetinje In the first half of 2009, the tendering procedure was completed for the selection of the best architect concept design. After adopting planning documents by the municipality Cetinje, is planned the development of the project documents and creating the conditions for development. The objective of the project is to create adequate conditions for normal functioning of teaching. The realization of this Project, provided the construction of the facility of approximately 5.900 m2 with multi use halls, capacity of 1.200 sits. The building counts 26 rooms for general purpose, hall for physical education and other supporting administrative and technical premises. - Student Campuses in Podgorica and Nikšić In 2009, was planned the reconstruction of students campuses in Podgorica and Nikšić. In the first half of 2009, activities related to the redemption of land for the construction of the Students campus in Nikšić were completed. • Construction and reconstruction of secondary school facilities: - Reconstruction and adaptation of secondary schools On the basis of the reports on inspection supervision of educational institutions and public institutions carried out by sanitary inspectors, reconstruction of facilities started in order of creating better working conditions for pupils and teachers in the following cities: Podgorica, Bar, Berane, Plav, Rožaje, Bijelo Polje, Kotor, Herceg-Novi, Nikšić, Pljevlja, Budva, Tivat. • Construction and reconstruction of administrative space for the work of public bodies: - New building of the Government of Montenegro in Podgorica. • Construction and reconstruction of high education facilities: - University center – Berane. During 2007 and 2008, project documentation was developed and works initiated, in 2009 it is planned to finish construction and furnishing of the facility. - Business building of the Police branch unit in Podg orica During 2008, project documentation was developed and works initiated, in the first half of 2009 works continued 20 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 During 2009, the continuation and finalization of all contracted works by the end of the current year is planned. By construction this facility working conditions for police prescribed by the new Law on criminal procedure and the Law on police. Moreover, required European standards will be fulfilled related to the premises for retaining and recognition of perpetrators. - Administrative facility of the Ministry of interior and public administration in Pljevlja In the first half of 2009 works started in 2008 were continued. By the end 2009, is planned to continue and to finalize the building. This projects will provide the building of total space cca 7.000 m2 and the working space for 250 employees, permanently resolving the issue of working conditions important for the states, providing institutional strengthening in the environmental protection area and urban planning. - New building for the Defense Command and barrack »Milovan Šaranović« in Danilovgrad The development of project documentation started in the first half of 2009. it is planned to finish the development and technical control over the projects documentation. - Construction, reconstruction and adaptation of the cultural facilities: - Music center – Reconstruction and adaptation of he facility “Dom vojske” in Podgorica. Following public tender procedure, works were contra cted and initiated related to the construction of boiler facility connected to newly constructed building. By the end of the year is planned to finish the construction of the boiler facility in order to put in operation the building. - New building of the Defense Ministry, Army Headqua rters, Ministry of internal affairs and Montenegrin Academy of Arts and Science Following the finalization of the tendering procedure, the development of the project documents was contracted. By the end of 2009, is planned to finalize project documentation, acquire necessary licenses and consents and to start with the construction of the building for aforementioned institu tions, on location DUP Nova Varoš II, being property of Monte negro, whereas the Defense Ministry us the user. Planned construction of the building is conditioned by the need to provide working capacities for the Defense Ministry, Army Headquarters of Montenegro, Ministry of internal affairs and Montenegrin Academy of arts and science. - State Agency’s Building – II phase During 2007, was finished the public bidding for the development of the main project and realization of the project have started. During 2008, finished project documents and the construction will start. In 2009, reconstructions works will continue on the facility with 4.800 m2 of space, with constructing additional 450 m2. Realization of this project will create modern technical – technological conditions, primarily for the development of the music art and music activity and protection and presentation of the film fund, as well as the development of other missing cultural content. - Reconstruction and adaptation of the cultural facilit ies on the north of Montenegro Following the tendering procedure, started the instal lation of the missing equipment in the cultural centers in: Andrijevica, Berane, Bijelo Polje, Plav, Gusinje, Murino, Pluži ne, Pljevlja, Rožaje. It is planned to continue works related to furnishing of facilities, as well as the beginning and finalization of adaptation and reconstruction works in the following cultural centers: Andrijevica, Berane, Bijelo Polje, Žabljak, Plav, Gusinje, Murino, Plužine, Pljevlja, Rožaje. • Apartments construction - Apartments for the needs of the Defense Ministry 21 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 During 2008, project documentation was developed. Following the tendering procedure in 2009, construction works were initiated. On the basis of this project, the const ructed building in gross space of 8.966 m2 with 76 apartment units and approximately 890 m2 business space. • Construction and reconstruction of cross-border passes - Cross-border passes (Dobrakovo, Dračenovac, Božaj, Šćepan Polje and Debeli Brijeg) It is planned to continue with the works aimed at mo dernization of the cross border points. A part of project do cumentation was developed for the cross-border points Dobrakovo and Dračenovac at the level of design concept. Planned activities to be completed by the end of 2009, relate to the development and technical control of the project documents for cross border points Dobrakovo, Dračenovac and Sitnica, as well as expropriation of land for cross-border points Dobrakovo and Dračenovac. • Local infrastructure construction - Street »13 jul« - Nikšić of this mini bypass with all supporting infrastructure will be finished, length of 1.100 m. This project will create conditions for better inflow and safer traffic in urban zone. - Reconstruction of the main road in Žabljak Reconstruction started following finalized tendering pro cedure. The project includes the reconstruction of the road, length 550 m. until the end of 2009, it is planned to finalize works related to the reconstruction of this part of the road including the reconstruction of complete road. - Caravan road - Rožaje During 2008, reconstruction works were contracted and initiated for 2.250 m of the road. Reconstruction works will be finished by the end of 2009. - Support to local administrations in resolving infrastructure-related problems In 2009, planned works on modernization of local roads and reconstruction of city traffic roads will finish by the end of the year. At the beginning of 2009, following finalized public tend ering procedure, works were contracted and initiated on one part of the road length 950 m. total length of the road which is planned for reconstruction amounts 4.700 m. Reconstruction of the road, along with all necessary infrastructure, will create conditions for safe traffic in both directions. - Construction of mini bypass in Plav Local road in Danilovgrad Moreover, during 2009, is planned to start with the works for cleaning up the riverbed of the river Ćehotina in Pljevlja and drainage collector in Berane. During 2008, project documentation was developed and the construction works were initiated. In 2009, construction 22 • Environmental protection Projects: - Sanitary dumps For the Project for sanitary dumps, during 2008 act Bulletin of the Ministry of Finance of Montenegro / April - June 2009 ivities initiated. In 2009, started the development of pro ject documentation for dumps in Nikšić, Bijelo Polje and Berane. Until the end of year, it is planned to finish with the development of technical documentation and contro, as well as to create conditions for the construction of dumps. - Facilities for filtering waste waters Feasibility studies are under development as well as the elaborate of evaluating the impact in environment for the facility of filtering waste waters in following municipalities: Plav, Ulcinj and Cetinje. • Project for “Integral governance over the eco system of Skadarsko Lake “ The Project is being realized in Montenegro and Albania, and the funds are provided by the Global fund for environmental protection in the form of donation, whicle the project is being implemented by the World Bank. The obligation of the Governemnt of Montenegro is to use planned funds for construction of filtering waste water facility in Vranjina. • Tourism Projects: - Creating conditions for the development of »Hiking and biking « The realization of aforementioned project started in 2008. In 2009, activities were completed related to the development of promotional material and participation in funding with the UNPD for strengthening capacities of hiking and biking association of Montenegro. • Regional water supply system construction: - Regional water supply system The construction of this system will improve the quality of water supply services in Montenegrin coast and remove the deficit in water supply during the tourist season. Following institutions will participate in the financing of this Project: the World Bank, the European Bank for reconstruction and development, Public Company »Regionalni vodovod Crnogo rsko primorje« and the government of Montenegro. Funds planned by the Capital budget for 2009, relate to the participation of the Government of Montenegro in this Project. Oncology department of the Clinical Center of Mon tenegro in Podgorica During 2008 was finished the development of project documents and works had started. In 2009, planned first con struction phase was finished. Following completed tendering procedure, the second construction phase was initiated. - Institute for public health in Podgorica During 2007 was finished the development of project documents and works had started. During 2008, construction and reconstruction of the building was dome. By completing this Project, conditions will be created aimed at the control, prevention and elimination of contagious and chronically noncontiguous diseases. - Transfusion Centers • Construction and reconstruction of the Health cen ters: - Health Centers in Podgorica During 2008 was finished the development of project documents and works had started related to the 1st phase, reconstruction and construction of the Health Centers “Nova Varoš” and “Pobrežje” in Podgorica is in process. The first phase is planned to be finished by the end of 2009. During 2007 works were finished in Bijelo Polje and Pljevlja and the construction of the new facility in Berane 23 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 started. During 2008 continued the rough construction works for transfusion center in Berane were finished. For 2009 was planned to continue and finalize works for the construction of aforementioned project. • Construction and reconstruction of social care facilities - Nursing home in Bijelo Polje • Road Risan – Grahovo – Žabljak The construction of the road Risan – Grahovo – Nikšić – Žabljak is realized through several projects, and the financing model for these projects is provided by the contractor in the long – term period. In 2009, is planned to reconstruct a part of the road from Kruševica to Jasenovo polje, and reconstruction of the part of the road from Risan up to Niksic is planned to be finished by the end of the year and it will be put into operation. • Maintenance of the state roads This programme comprises regular and investment maintenance of state roads. The investment maintenance programme comprises the supervision works, projecting, rehabilitation of the sliding spots, walls, slopes, bridges, tunnels, reconstruction of roads and the road Slijepač most – Tomasevo. • Third road bars on highways On the basis of the Programme for the construction of the third bars, the problem of bottle necks on high slopes and in places of great traffic peak will be resolved. The construction of the third bar was planned for 2009 in the length of 9,6 km: Funds planned by the capital budget for 2009, will provide complete finalization of the facility, of cca 5.100 m2, providing the space for 180 elderly persons creating co nditions for lodging and nursing of elderly persons for the northern region of Montenegro. • Purchase of fire extinguishing airplane and equi pment - The purchase of this type of plain improved equipment capacities for fire protection of the Ministry of internal affairs and public administration and municipal fire protection units. - Third road bar on the highway Podgorica-Nikšić, - Third road bar on the highway Podgorica-Cetinje, and - Third road bar on the highway Cetinje-Budva. • Railway infrastructure maintenance The Project comprises the current and investment mai ntenance of the Railway infrastructure as well as regulating the railway transport. Department for public investment planning Moreover, the Directorate of traffic within planned capit al projects, in the first half of this year will continue with the realization of the following capital projects: 24 Ms. Ljiljana Crnčević, Independent Advisor I Ms. Snežana Mugoša, Independent Advisor I Bulletin of the Ministry of Finance of Montenegro / April - June 2009 Report on the State Debt of Montenegro as of 30 June 2009 The state debt of Montenegro as of 30th June 2009 amo unts to EUR 1,003,6 mil or 28,4% of gross domestic product (GDP). Internal debt amounts to EUR 450.0 mil or 12.7% GDP, while external debt amounts to EUR 553,3 mil or 15,5% GDP. Guarantees of Montenegro amount to about EUR 65,8 mil, or 1.9% GDP, or 6,6 0% of the state debt. The state debt makes about 62.2% of totally generated budget revenues in 2008 (not including privatization receipts, loans or donations). External Debt Trends in the first quarter of 2009 In the first half of 2009, the external debt increased by EUR 71,6 mil in comparison to the end of 2008. The external debt amount increased due to assuming the debt of the Railway Infrastructure A.D. (Joint Stock Company) with the Czech Export Bank (CEB) in the amount of EUR 48,1 mil, with the European Investment Bank (EIB) in the amount of EUR 7,0 mil €, the European Bank for Reconstruction and Financing (EBRD) in the amount of 11,0 mil €, and assuming the debt of the Railway Transport AD with the EUROFIMI in the amount of CHF 34,5 mil. The stock of debt has been reduced based on regular repayments of the principal in the amount of about EUR 11,9 mil €. The external debt amount does not include the obligations in respect of unresolved debt-related issues to Libya, Kuwait, Czech Republic and Slovakia and UBS Bank in respect of bonds issued within the London Club. Montenegro inherited this debt towards the governments of these four countries based on the division of non-allocated debt (5.88% out of 38% for Serbia and Montenegro) and in accordance with the Agreement on Succession Issues from Vienna 29th June 2001, it has been resolved through positions agreed within the Committee for Division of Financial Assets and Liabilities of the former SFRY. The Committee has not had sessions for the period of over two years. As to API bonds, it is expected that at the beginning of the next year the negotiations will take place with the UBS Bank representatives, for the purpose of finding the options for bilateral resolution of this issue. The total amount of the obligation in respect of unresolved debt issues will most likely equal to about 1% GDP and it is included in the projections of debt trend for the period 2009-2012. The mentioned information on the stock of foreign debt implies the amounts of disbursed loan funds in respect of individual loans. Out of the total available credit funds, around SDR 10,4 mil € in respect of IDA loan, EUR 28.3 mil of KfW loan (water-supply phases II and III), about EUR 1,4 mil of EBRD loan for the project of rehabilitation of roads, about EUR 0,3 mil of the Polish loan, about EUR 3.2 mil of the Hungarian loan and EUR1.9 mil of the French loan for EPCG about 0,2 mil €, as well as assumed loans Nemanja Pavličić Ana Banović of the Railway with the EIB in the amount of EUR 6,8 mil and with EBRD in the amount of EUR 4,0 mil. Also, in the future period it is expected that the following will be disbursed: the funds of the commodity loan of the Government of Spain for the recycle center in Podgorica amounting to EUR 5.0 mil, where the condition for disbursement is the signing of a special Agreement between the Ministry of Finance of Montenegro and the Spanish side, the funds of the Austrian Erste Bank loan amounting to EUR 6.0 mil, the loan of the International Bank for Reconstruction and Development (IBRD) for the project “Cadastre“ amounting to EUR 11.0 mil, “Energy Efficiency“ amounting to EUR 6.5 mil, as well as EUR 4.0 mil from the European Investment Bank (EIB) signed during the time of the Union of Serbia and Montenegro for the project 25 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 of rehabilitation of roads and EUR 5.0 mil for the waste waters project, and for the financing of the Project “Purchase of special fire protection vehicles” with the Austrian Bank – Steirmarkisiche und Sparkassen AG in the amount of EUR 16,9 mil., as well the funds of IBRD for financing the Project for institutional development and agriculture strengthening in the amount of 11,0 mil. €. In accordance with the above, the total amount of available and non-disbursed funds is about EUR 121,5 mil €. During the first quarter of 2009, the Loan Agreement for the financing of the project “Purchase of special fire protection vehicles” with the Austrian Bank – Steirmarkisiche und Sparkassen AG in the amount of EUR 22,0 mil., Loan Agreement for the financing of the “Project for institutional development and agriculture strengthening” in the amount of EUR 11,0 mil € and the Contract of Guarantee withe the European Bank for Reconstruction and Development (EBRD) for the realization of the Project for Railway, phase III in teh amount of 4,0 mil €. On 30th June 2009, deposits of the Ministry of Finance amount to about EUR 72.7 mil, including 38,477 ounces of gold, which is by about EUR 18.0 mil more than at the end of 2008, while the deposits of state funds which are not fully integrated in the Treasury system – Pension Insurance Fund, Health Insurance Fund and Development Fund of Montenegro, according to the data of the Central Bank of MNE as of 31st May 2009 amount to EUR 51.1 mil €, so the net amount of state debt is about 24.9% GDP. amounts to EUR 1.102,8 mil or 31.2% GDP. The amount of obligations of enterprises under majority state ownership was calculated based on guarantees by the Government, the data of the Central Bank and data provided by enterprises. During the first half of 2009, around EUR 10,2 mil were repaid in respect of interest to nonresidents, and around EUR 11,9 mil. in respect of principal to nonresidents, while around EUR 0,4 mil. were paid in respect to interest to residents and EUR 22,1 mil in respect of principal, while around EUR 32,2 were paid in respect to repayment of debt from previous years. On the basis of the Budget Law for 2009, it is planned that on the basis of the principal will be paid around EUR 127,74 mil, including the liabilities on the basis of early redemption and liabilities of the Compensation Fund, while the payment of liabilities on the basis of interest will amount around EUR 24,0 mil. riod Table 2. - Amount of public debt and GDP percentage in the period from 2003 – 2008 Year 2003 2004 2005 2006 2007 2008 Internal debt trend during the first quarter of 2009 During the first quarter of 2009, the internal debt increased by EUR 37,3 mil. The growth of internal debt in 2009 was caused by the continuation of the realization of the projects of the Directorate of traffic in order to resolve bottle necks in traffic, assuming the debt of the Railway transport of Montenegro and Railway infrastructure of Montenegro towards commercial banks in the amount of around EUR 3,0 mil and assuming the debt of the Radio and TV Station of Montenegro in the amount of EUR 4,1 mil, treasury bills issuance in the amount of EUR 34,7 and by increasing the indebtedness amount of municipalities. It is expected that the internal debt will grow in the subsequent period due to the increase in liabilities on the basis of restitution. The total liability in respect of restitution amounts to EUR 106.5 mil, which is by EUR 10,3 mil less than at the end of 2008. The decrease of the debt in respect of restitution is caused by payment of liabilities in cash and redemption of bonds FO01 and FO02 by the State in the stock exchange. The Government of MNE, for the purpose of reducing the internal debt, made the decision on redemption of restitution bonds in respect of the compensation of former owners prior to maturity, and up to now redemption was made for EUR 11,2 mil value of bonds which is EUR 3,5 mil. In 2008, the Government adopted the Decision on redemption of foreign exchange savings of the citizens for 2016 and 2017, and up to now the total value of redemption was EUR 1,1 mil out of which EUR 0,3 mil in 2009. The debt of municipalities amounts to EUR 61,7 mil, according to data provided by municipalities. In November 2008 the Ministry of Finance adopted the Instruction on the content of the request for borrowings of municipalities and fulfillment of financial requirements for their borrowings, which in details determines the procedure of borrowing for local self-governments. The State debt of Montenegro including public enterprises 26 Trend and sustainability of state debt in the following pe Public Debt 711,2 742,4 700,4 701,1 737,2 894,7 Public debt /GDP 49,6% 48,4% 42,7% 38,3% 32,4% 26,8% Table 3. Amount and structure of state debt of Montenegro in the period end 2009-2012. Foreign debt (in mil €) Foreign debt (in % GDP) Internal debt (in mil €) Internal debt (in % GDP) Total debt (in mil €) Total debt (in % GDP) 2009 2010 2011 2012 Projection Projection Projection Projection 882,0 1.128,7 1.341,7 1.344,9 24,9 29,6 32,7 31,3 469,5 456,3 461,4 448,1 13,3 12,0 11,3 10,4 1.351,9 1.585,0 1.803,1 1.793,0 38,2 41,6 44,0 41,7 note: estimated GDP in 2009 is €3,538 mil, € 3,807 mil in 2010, € 4.098 mil. in 2011, and € 4.303 mil. in 2012 - Source: Ministry of Finance Table 3 shows the projected amount of state debt, based on undertaken legal and contracting obligations of the State, for the purpose of debt sustainability. The projection of the internal debt trend in the period from 2009 to 2012 from Table 1 is based on the assumptions that the debt in respect of restitution will reach .50,0 mil € up to 2012, while the repayment of obligations in this respect will amount to about 0.5% GDP. The amount of repayment of the obligation in respect of over due pensions will be EUR 34.0 mil. annually and it will be repaid fully by the end of 2011. New borrowings are also envisaged in 2009 for the purpose of financing the projects of the Bulletin of the Ministry of Finance of Montenegro / April - June 2009 STOCK OF STATE DEBT OF MONTENEGRO AS OF 30th June 2009 EURO (million) Foreign Debt Foreign % foreign debt/GDP debt % public debt (2/3) 1 2 3 4 5 6 International Bank for Reconstruction and Developmen 183,6 3.538,0 5,2% 33,2% 18,3% International Financial Organization (IFC) 7,4 3.538,0 0,2% 1,3% 0,7% Countries members of the Paris Club Creditors * 127,8 3.538,0 3,6% 23,1% 12,7% International Development Association (IDA)** 53,8 3.538,0 1,5% 9,7% 5,4% European Investment Bank (EIB) 36,0 3.538,0 1,0% 6,5% 3,6% EBRD 16,4 3.538,0 0,5% 3,0% 1,6% Council of Europe Development Bank 1,2 3.538,0 0,0% 0,2% 0,1% European Community 5,5 3.538,0 0,2% 1,0% 0,5% German Development Bank (KFW) 10,8 3.538,0 0,3% 2,0% 1,1% Austrian loan 4,1 3.538,0 0,1% 0,7% 0,4% Hungarian loan 11,8 3.538,0 0,3% 2,1% 1,2% Polish loan 11,8 3.538,0 0,3% 2,1% 1,2% Societe General - Education IT 1,8 3.538,0 0,1% 0,3% 0,2% French loan*** 8,3 3.538,0 0,2% 1,5% 0,8% EUROFIMA - debt of Railway***** 22,9 3.538,0 0,6% 4,1% 2,3% Czech EXIM - Debt of Railway 45,0 3.538,0 1,3% 8,1% 4,5% Steirmarkische Bank und Sparkassen AG***** 5,1 3.538,0 0,1% 0,9% TOTAL 553,3 3.538,0 15,6% 100,0% 55,1% * Amount of original debt in EUR is 71%, American dollars 26% and 3% in other currencies. **Original amount is in special drawing rights (SDR). Exchange rate XDR/EUR = 1.1101 is used. ***Commodity loan - EPCG **** EIB loans in the total amount of EUR 47.0 mil serviced by public enterprises (Monteput, Aerodromi CG and EPCG) are not included in external debt amount, but are treated as guarantees. ***Debt towards EUROFIMA is CHF34,5, and used currency exchange rate is 0,6636 vehicles for the Ministry of Interior State Debt Creditor Debt stock GDP est Creditor Debt stock GDP Dom debt/GDP % dom debt (2/3) 4 5 3,3% 25,8% 1,7% 13,7% 3,0% 23,7% 1,5% 12,0% 0,3% 2,7% 1,8% 14,5% 1,0% 7,7% 12,7% 100,0% 28,4% % public debt 1 2 3 6 Old FX savings 116,2 3.538,0 11,6% Local self-government debt 61,7 3.538,0 6,1% Obligations in respect of compensation 106,5 3.538,0 10,6% Loans with commercial banks 54,0 3.538,0 5,4% Non-financial institutions loans 12,1 3.538,0 1,2% Over due pensions 65,1 3.538,0 6,5% Treasury Bills 34,7 3.538,0 3,5% TOTAL 450,3 3.538,0 44,9% TOTAL STATE DEBT 1.003,6 3.538,0 Notes: 1) The loans from German KfW bank for the needs of water supply are used by municipalities but it is presented in the summary table of foreign debt. 2) Bonds acquired in respect of the Law on compensation of beneficiaries of rights from pension and disability insurance were issued on 15th September 2008 in the total amount of EUR 105.0 million Directorate for Transport, for resolving the bottlenecks in transport, in the total amount of about EUR 5,0 mil. The assumption is that the amount of debt of local self-governments will remain on the current level. The repayment of the obligation in respect of FX savings will amount to about EUR 14.0 mil. annually. The redemption of old FX savings bonds OB16 and OB17 and DO16 and DO7 is not taken into consideration, or the redemption of restitution bonds. With regard to the projection of foreign debt, new borrowings and on-lending are projected in accordance with the agreed framework of cooperation with international and bilateral creditors, and funds will be used for projects from the area of waste waters, regional water-supply, road and railway infrastructure and energy. Foreign debt trend is projected, with the assumption of average three-year disbursement of the loan funds, as well as that available and non-disbursed funds in the amount of 121,5 mil € will be disbursed during 2009. in 2009, additional 200,0 mil € were added for financing budget deficit and repayment of loan, 2010 additional 180, mil € and in 2011, 150 mil €. It is expected that the financing will be provided from foreign sources. The Division for Debt and Cash Management has already contacted potential creditors and our view is that there are realistic odds for the projected amount of € 200.0 mil in 2009 for deficit financing to be provided for. However, the development of the financial crisis and its impact on liquidity and lack of confidence in the credit market, particularly towards the creditors with speculative rating, disable the availability of reliable sources of funding. The projection does not include the obligations that are to arise in respect of the construction of the high road Bar-Boljare, or other infrastructure projects which are not defined through the cooperation with international financial institutions and bilateral creditors. Also, potential growth of obligations of the Pension Fund and Health Fund due to negative demographic trends in the structure of population was not taken into consideration. Mr. Nemanja Pavličić, Asistant minister Ms. Ana Banović, Adviser in the Division for Debt and Cash Management 27 From the journalist perspective: Montenegro and Global Economic Crises Vicious Cycle Apart from recession, global economic crises caused disagreements on causes and the tools for resolving the crises between the main two entities managing the crises: the Government and the Central Bank of Montenegro. Dragica Lalatović 28 It wasn’t too long ago when the highest Government officials of Montenegro »admitted« that our country is entering recession. The economy entered illiquidity, the production in the biggest industrial capacities was cut in half, and the tourist season according to some prognoses, primarily in hotel industry, will be realized at the level of 70% compared to the last year. More concretely, the Aluminum Plant cut the production in half, Bauxite Mines are closed, the Coal Mine in Pljevlja will decrease its capacities in half because the Thermal Power Plan Pljevlja is out of operations for six months, while the Hydro Power Plant Perućica will be out of operations for three months. If we know that the share of EPCG in GDP is between 18 to 20% in GDP, it is realistic to expect that the most realistic prognoses on null growth will fail. It is rather to expect that we will have minus and it is only the question how big it will be. The problem persists due to the shortfall of money, and due to the global financial crises and increasing lack of confidence in banks. At the end of last year, Montenegrin citizens withdrew savings in amount of around half billion Euros, despite adopted Law on the basis of which the government guarantees the deposits. Due to aforementioned, banks impoverished and foreign inflows significantly declined whereas foreign investments are far from the amount reached in last two years following the independence. The Government, primarily the Ministry of finance and the Central Bank are disagreeing on both the causes of the crises and on how to exit the viscous cycle. The Government is not satisfied with the measures undertaken by the monetary agent, thinking that by »untightening of monetary mechanisms« would improve the liquidity of the economy. The argument is on the level of compulsory reserve which commercial banks are holding with the Central Bank of Montenegro, amounting approximately 160 million €, being compulsory in accordance with the regulations in force in the country and in abroad, as well as reserves for invested loans. The opinion of the Central Bank Montenegro is that they are safeguarding the stability of the banking sector within its competency, while the Government’s opinion is that the stability must be in favor of the development of Montenegro. Therefore, the Government’s opinion is that the compulsory reserves of commercial banks with the Central Bank of Montenegro, should be decreased, as well as the provisions for potential losses jeopardizing the capital. Most bankers agree with Government’s opinion, and their reaction to the remark of the Central Bank of Montenegro that the reservations for potential losses are quite low, is that they are higher than in Serbia, Austria or Croatia. Their example that goes in favor of their opinion is that if a company, facing global economic crises problem or operating at a loss, would be approved a loan of 1 million €, the bank would have to allocate reservations of 20 to 30%. In their opinion, these are immobilized funds increasing loan costs. Namely, in the situation of high provisions, banks are mostly reacting by applying higher effective interest rate. Just to remind: the Central Bank of Montenegro is not the issuing agent and its competences are therefore limited. Apart from its important role in banking supervision, it has the competency of regulating the quantity of cash in circulation. This instrument is called compulsory reserve. In situation of too much cash, compulsory reserve increases and vice-verse when is lacking it increases. On the website of the Central Bank of Montenegro it is written that this instrument is not used up to this year, because of the sound banking system and stable macroeconomic situation. At the beginning of this year, in order to improve the liquidity of the budget, banks were entitled to purchase treasury bills engaging a part of funds from compulsory reserves, while the Central Bank of Montenegro recently announced that in June two banks used compulsory reserves fund, which means that they had liquidity problem. We have the situation now that the economy is in cash shortfall, compelling the Central Bank of Montenegro to pass the Decision on decrease in compulsory reserves and decrease in provisions/ reservations for potential looses. So far there aren’t announcements that Montenegrin authority is going to go for it, which are the expectations of both the Government and majority of bankers. Even if the Central Bank of Montenegro would opt for it, the results may lack since only two banks have over 60% in market share. The biggest banks in Montenegro - Crnogorska komercijalna Banka and Prva banka Crne Gore participate with over 60% in investments in the economy and due to different reasons neither of up to now is issuing loans. The question is how other nine banks that are issuing loans will improve the inflow of money into economy. Aren’t the expectations of the economy which are on a daily basis requiring the banks to provide more favorable conditions to some industry or company unrealistic? And there are already delays in payment of loans and payment of income to employees, and on time payments are mostly paid without taxes and contributions which forced the Ministry of finance to decrease expenditures. Not to mention that adequate health protection to insurers, regular payment of pensions and salaries for state employees has to be provided. Mechanisms introduced by the Government are well known, but it looks like they are not going to be enough. The Government still needs to face with the challenges of introducing new interventions, while most citizens will face the time that could be called »in pursuit for food«. The Government with Erste Bank concluded the contract on budget support in the amount of 30 million Euros, and it is negotiating with the Swiss Bank on additional loan. Montenegro is not still insolvent and therefore the loans will be approved, but the question is what will happen with the economy. The support of German KFW Bank of 50 million Euros for small and medium-sized enterprises is announced, but from Crnogorska Komercijalna Banka are saying that the signing of contract is pending, which means 30 million Euros less. With regard to the support of the European Investment Bank of around 100 million Euros, there is again a question on when this funds will be released. The following possible source of new money is announced recapitalization of the part of EPCG. But expectations are that the tender will be finalized by the end of autumn. Till than. stick with the people and with the quote: »don’t worry, you’ll see no good«. Ms. Dragica Lalatović, TV Montena Journalist 29 First Level Control as a Tool for Reducing Irregularities in the Process of Using EU Funds The new European Commission’s financial instrument - IPA (Pre-accession Instrument) which entered into force in 2007, did not represent the only new thing that occurred in the programming period from 2007.-2013. Apart from the candidate and potential candidate countries being beneficiaries of the IPA funds, also the member states of the European Union had to face once again with the changes and challenges as beneficiaries of structural funds. Montenegro, as potential candidate country, exercising the right to use the funds from I and II component of this pre-accession instrument1, within II component participates in four neighboring bilateral programmes (Montenegro – Croatia, Montenegro - Bosnia and Herzegovina, Montenegro – Albania), and in Adriatic cross-border programme and in two transnational programmes (Mediterranean programme and Programme for transnational cooperation for the area of Southeastern Europe). Every aforementioned programme comprises priorities, managing bodies, joint structures for individual programmes represented by all countries, as well as the rules that are in force. Having in mind the fact that partners of Montenegro out from the first four neighboring programmes are candidate/ potential candidate counties for joining the EU, these pro grammes are implemented under the EU centralized2, or decentralized3 management system. For programmes where cooperation is achieved between one or several member states and one or several candidate/potential candidate countries for joining the EU (IPA funds beneficiaries), the implementation is done on the basis of the shared management principle, which is making the programme management very similar to the management over structural funds, including financial management and control, i.e. First Level Control applied in the same manner as to other cross border programmes financed from structural funds. These are characteristics has only the Adriatic programme. The other two programmes are distinctive, because they represent transnational programmes in which, unlike the EU member state, apply different principles to IPA funds beneficiary country. Within the cross-border programme, in which the EU member states are participating, it is necessary to appoint Managing Authority, Certifying Authority, as well as Audit Authority which by the rule are located in the EU member state participating in the programme. Apart from aforementioned authorities, it is necessary to establish Joint Monitoring Committee, Joint Steering Committee and Joint Technical Secretariat. The overall responsibility of the Managing Authority, supported by the Joint Technical Secretariat, is the implem entation of the programme in accordance with the sound 1 - I Component – Transition Assistance and Institution Building, II Component – Cross-border cooperation 2 - Montenegro, Serbia, Bosnia and Herzegovina and Albania 3 - Croatia 30 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 financial management principle. The Joint Monitoring Com mittee has the final word in selecting the projects and reports on implementation. The Certifying Authority checks the statements on expenses and certifies that they comprise only expenses which are in accordance with the rules in force. The Audit Authority provides opinion on regular functioning of the system and legality and regularity of stated expenses, annually. However, established structures, as for the stated ex penses of beneficiary countries, are not responsible for expenses compliance against the rules on expenses acce ptability, legality and regularity. None of the mentioned structure represents the 100% filter in checking all expenses stated by beneficiary countries that would subsequently annul irregularly stated amounts. On the other hand, due to the lack of knowledge of beneficiary countries, there is always a risk from stating expense that cannot be accepted for financing from the EU funds. And this situation is bringing us to the definition of control which became the burning issue in this programme period, becoming especially through the obligation of the member states to appoint a body that will perform the First Level Control for each programme. Definition and Legal Basis Programme period 2007-2013, provided new interpr etation to the definition of control, differentiating it from the audit. The control means the check carried out by the first instance-level controllers in accordance with the IPA Implementing Regulation (Commission Regulation (EC) No 718/2007)), which at the same time represents the basis for the establishment of the First Level Control over beneficiary countries IPA funds, or Regulation (EC) No. 1080/2006 of the European Parliament and Council regulating the European Fund for regional development, more precisely articles 108 (IPA Implementing Regulation), or (ERDF Regulation where is stated that „each participating country (or the EU member state) shall designate the controllers responsible for verifying the legality and regularity of the expenditure declared by each final beneficiary participating in the operation. Participating countries may decide to designate a single controller for the whole programme area“. Unlike control, the audit represents the second level control, i.e. additional verification of expenses applied on certain sample. In principle, First Level Control, represents the verifi cation of the project expenses, carried out during its imple mentation prior to submitting progress report, including fo llowing verifications: • Supply of goods and services financed from cofinancing funds, in accordance with approved application for distribution of funds; • Regularity of declared expenses; • Expenses compliance with the programme rules, EC and national rules. Bojana Kaluđerović In order to achieve the objectives of the First Level Control, it focuses on the following two activities: • Administrative check - desk based check over every request for compensation; • on – the – spot - check. Desk based check is based on 100% review of all expenses paied by the user of funds. Apart from the request submitted by the user of funds, all supporting documents, such as copies of invoices, packing lists, tender documents, contracts, etc.. with regard to the on – the – spot – checks, it related to the situation in which the controller is visiting the place of the project in order to insure himself: in certain activities, in provision of services, supply of products, in accordance with approved application for the EU funds. Co ntrollers, apart from checks, have to insure that all costs are properly documented, confirmed and accepted. It is important to emphasize that the rules on acceptability of are not the same for all countries. The percentage of identified and unaccepted costs in the previous period ranged from 3% to 25% against total amount of compensation requests. The purpose of the control on which controllers are basing the certificate of expenses acceptability, is to insure that the user has appropriate management and control system, as well as that the declared costs are indeed in compliance with the European, national and programme rules. Verification of expenses aroused on the basis of activities of one partner in project (user of funds), may be carried out only by external bodies increasing the independence of first instance controller against project partners, higher tra nsparency in the control process, as well as providing stimulus to the development of expertise in the area of control. How can be organized First Level Control? The literature addresses following four possible ways of organizing First Level Control: 31 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 1. Centralized control on national level through a public administration body; 2. Centralized control on national level through auditing company; 3. Decentralized control through some internal or external controller proposed by project partner, approved on national level; 4. Decentralized control through a controller selected by a project partner on the basis of the short list for the selection of candidates (centralized/joint body publishes the list of authorized controllers), so called. Mixed system. One of the features of centralized systems is that bene ficiaries of the programme are appointing joint central body performing the task of the First Control Level. Unlike this system, the feature of decentralized system is that a user of funds is free to suggest the controller with the objective of certifying for the conduct of First Control Level over expenses declared by a project organization that suggested him/her. Unfortunately, the current experience is not adequate for selecting the system with the biggest advantages / lowest disadvantages. However, since the basic requirement for the controllers – the absence of conflict of interest, as well as independence against project partners – is the system where an auditing company is carrying out the control, the practice had proved that this is the biggest disadvantages since it is very difficult to find an auditor who is not in conflict of interest. biggest problems make the expenses for employees and general expenses. These problems concern errors in calcu lation of the number of working hours, unfilled timesheets, or calculation of general expenses related to the project or the absence of clear traces / evidence on the manner of calculation. Very often controllers face with the problems in procurement, thus one of the requirements is a good kno wledge of procurement procedures. Conclusion Incomparable number of errors identified in the First Control Level is not the result of frauds, but more the re sult of the lack of knowledge or information. In order to eliminate this negative factor, should provide information on requirements for both the concrete programme and for the First Level Control. In this way the error rate of 17% would decrease. What would the world of implementing IPA funds and structural funds look like without control? The assumption is that this rate would be 25%. First Level Control within Adriatic Programme Having in mind the fact that the First Level Control is required for the Adriatic programme, it is necessary to emphasize that it is planned to establish the FLCO – First Level Control Office and decentralized offices for the FLO within the administration of the member states and can didate/potential candidate countries participating in the programme, in order to develop control organization in supporting Managing Authority. The First Level Control Office is competent for every country in the programme, checking documents for all activities (100%) for which users declare expenses. Following the verification of documentations, the Office issues certificate on acceptability of expenses, or if necessary, requires additional documentation to be submitted in prescribed deadline for explanation purposes. The certificate of acceptability of expenses is submitted to: 1) user subject to control; 2) First Level Control Office; 3) Lead Beneficiary.4 Up-today experience Up to date experience of the member state countries participating in territorial cooperation is showing that the Ms. Bojana Kaluđerović, Independent Advisor I, CFCU 4 - Article 96, of the IPA IPA Implementing Regulation prescribes the designation of the Lead Beneficiary prior to submitting activity proposal within the project and prescribes its activities. 32 Accounting and Auditing Reform in Montenegro Accounting and auditing area was very dynamic in the last. The Strategy and the Action Plan for financial reporting improvement in Montenegro was adopted, as well as the Law on amendments to the Law on Accounting and Auditing (“Official Gazette of Montenegro“, No. 80/08), subordinate legislation was published, and the control of regularity of submission of financial statements by the business organizations was conducted for 2007, and the REPARIS Program implementation initiated, etc.. The Government adopted the Strategy and the Action Plan for financial reporting improvements in Montenegro on 30th October 2008. The document represents a clear and systematic programme of measures for improvement of legal framework, institutions and accounting profession, especially in the part related to the accounting and auditing and business culture with the overall objective to reach the high quality in financial reporting. Moreover, the objective of the Strategy is to recognize and define activities and instruments leading to the harmonization of the financial reporting with the acquis, including the preparation of consolidated financial statements, auditing companies regulations and electronic publication of financial statements, as well as to define proportional requirements for financial reporting of small and medium-sized enterprises. The implementation of the document will result in increase in reliability of all stakeholders in financial statements of business organizations in Montenegro. In that light, the World Bank on the initiative of the Ministry of finance and through the Center for the reform of financial reporting, mobilized certain donor funds within the Project FIRST Initiative. Based on the requirement of the Ministry of finance, the main objective of the Project is the support to the development of the Strategy and the Action Plan for financial reporting improvements in Montenegro , as well as the provision of funds for the implementation of the Strategy. The main objectives of the FIRST Initiative Project are as follows: Task 1: Provision of technical assistance to the Government of Montenegro in setting priorities within the Action Plan for financial reporting improvements in Montenegro for the period from 2009 - 2011. Task 2: Provision of technical assistance to the Accounting and Auditing Council in expanding the Action Plan in mid and medium term. The result of the activities set forth in the first task, sho uld represent the concrete Project proposals enabling mobilization of donors funds for the implementation of certain activities set forth in the strategic documents. The procedure on selection of the consultant is in process and activities related to setting of priorities should start in mid June 2009. The Law on changes and amendments to the Law on accounting and auditing was adopted by the Parliament at 33 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 the end of December 2008. Previous Law on accounting and auditing (“Official Gazette of Montenegro“, No. 69/05) went through significant redesigning and changes related to the electronic reporting, submission of quarterly reports, consolidated financial statements, changed deadlines in submissi on of financial statements, introduction of inspection supervision, categorization of legal entities, establishment of the Accounting and auditing Council. On the basis of Law on accounting and auditing (“Official Gazette of the RoM No. 69/05 and the “Official Gazette of Montenegro“, No. 80/08) the Ministry of finance prescribed the obligation of issuing licenses to the auditing companies. Up to now, 13 licenses were issued to existing and newly established auditing companies. The Law introduces the obligation of maintaining the registry of authorized auditors and auditing companies which a competent body is maintaining in a form of a public book. In that light, developed registries are published on the website of the Ministry of finance1. The Law introduces the Inspection supervision, as a new institute being the obligation of the Ministry of finance. In this manner, the preconditions were created to reduce misuse and increase the quality of financial statements through the inspection supervision and application of sanctions prescribed by the Law. At the same time, the Law sets forth more severe penalties which should motivate the users of the law to proceed in accordance with prescribed provisions. Moreover, the Government of Montenegro established the Accounting and Auditing Council (“Official Gazette of Montenegro“, No. 32/09), from 12th May 2009. The Accounting and Auditing Council Is composed of multidisciplinary group of public sector composed of the following institutions: Ministry of finance, Commercial Court, Central Bank of Montenegro, Securities Commission, Insurance supervision agency and institutions which are authorized by the public administration body in charged for accounting and auditing to perform these operations and which have the knowledge in the area of accountancy, finance and audit. The task of the Council is to support the implementation of the Strategy and the Action Plan for financial reporting improvements in Montenegro with the objective of harmonizing the requirements with the acquis communautaire related to the accounting and auditing, as well as the provision of advices to persons in charged for policy creation, regulators and other stakeholders, creation of the environment for the improvement of accounting and auditing regulations and practice in Montenegro, with the overall objective to improve the financial reporting quality. Following subsidiary regulations were adopted2: and types of registry of the auditing companies and authorized auditors (“Official Gazette of Montenegro“, No. 30/09), published on 28th April 2009; The Rulebook on the manner of maintaining the registry and forms of registry of auditing companies and authorized auditors (“Official Gazette of Montenegro“, No. 30/09), published on 28th April 2009; Decision on establishment of the Accounting and Auditing Council (“Official Gazette of Montenegro“, No. 32/09), published on 12th May 2009; The Rulebook on requirements for issuing and revoking the license for authorized auditor (“Official Gazette of Montenegro“, No. 33/09), published on 20th May 2009; The Rulebook on the manner and deadlines in development of inventory list and harmonization of the bookkeeping balance with the actual one (“Official Gazette of Montenegro“, No. 34/09), published on 29th May 2009; The Rulebook on amendments to the Rulebook on more detailed conditions for obtaining the license for authorized auditor (“Official Gazette of Montenegro“, No. 41/09), published on 26th June 2009. The adoption of the Rulebook on validation of the certificate and Instruction on requirements for the issuance and revoking the working license from auditing companies is in procedure. Moreover, the Rulebook will be the subject of the public debate which will be organized from 15th June to 15th July 2009. The draft Decision on the amount of insurance for compulsory insurance related to the accountability of the auditing companies and authorized auditors for possible damage which may be caused to a person for whom the audit is being performed and following the review of comments and opinions the final version of the Decision will be sent for further procedure. Conclusion: In the forthcoming period, in cooperation with the relevant institutions the Ministry of finance will continue with the implementation of the accounting and auditing system reform process in Montenegro, which will further improve accounting and auditing practice, financial reporting, increase corporative culture, transparency, faster and easier access to required data and information necessary to both to the shareholders and investors and to other stakeholders/ The implementation of aforementioned measures will get us closer to more developed market economies, full implementation of the acquis communautaire and compliance with international standards. The Rulebook on the content of the statistical annex (“Official Gazette of Montenegro“, No. 17/09), published on 6th March 2009; The Rulebook on the manner of maintaining registry 1 - Registries of the auditing companies and authorized auditors are updated on the regular basis (source: www.mf.gov.me). 2 - The text of subordinate legislation may be downloaded on the website of the Ministry of finance (www.mf.gov.me). 34 Ms. Ana Krsmanović, Independent advisor I Ms. Aleksandra Popović, independent advisor II Bulletin of the Ministry of Finance of Montenegro / April - June 2009 Activities of the Deputy Prime Minister and Finance Minister in the period from 1st April to 30th June 2009 2nd April 2009 – Mr. Igor Lukšić, PhD, the Deputy Prime Minister and Finance Minister tool part in the Round Table “The Other Side of Surge: Fiscal Policies Effective in Pro-cyclic Environment” “Montenegrin Government would be satisfied if the economic growth in this year would range from 0 to 2%. This would provide for stability in economic circumstances. Around 90% of Montenegrin commercial activities are undertaken in the region and the EU. If these countries enter recession, it will be very difficult to struggle with the challenges in Montenegro. We believe, that the measures of the Government and credit lines from international institutions, will be more effective and evident in the next period. Our task is to implement measures which will not extinguish fire in a short run, generating expenses for future generations. Decline in taxes provided and still provides good effects, resu lting in increase in liquidity, consu mption, salaries. This is the way to mitigate the consequences of the crises. It is true that the decrease in tax rates has a limit set forth by national legislation. The biggest gap is in the VAT revenues from import and customs. This is understandable, because in the first quarter the gap trend was reduced to 30 and 40%. This is not the consequence of the taxation manner, but directly the economic crises. The Government of Montenegro is not considering the possibility of introducing progressive taxation which is creating the habit to plan public consumption against expenditures, and not against reve nues. Proportional taxation of emplo yees wages in the previous period gave positive effects. The new Government will make the decision on budget rebalance and possible arrangement with the IMF. For now, there aren’t any special delays in budget execution. Montenegro is not running from the cooperation with the IMF, but the new Government will be opting for it. Our job is to define possible cooperation model with the IMF, which would be immediately activated, if necessary. In the previous period we led cautious policy avoiding the situation of urgent support packages. In the absence of banking crises, in this moment the consequences of global economic crises would be at minimum. Therefore it is clear how crucial is that we jointly provide for banking sector stability …” 6th April 2009 - Mr. Igor Lukšić, PhD, the Deputy Prime Minister and Finance Minister, signed Guarantee Agreement for the third loan tranche of the Project “Urgent Railway Infra structure rehabilitation” Mr. Igor Lukšić, PhD, the Deputy Prime Minister and Finance Minister and Mr. Marek Lorinc, the Head of the EBRD Office in Podgorica, signed the Guarantee Agreement for the third loan tranche for the Project “Urgent Rehabilitation of Railway Infrastructure”. The signing of this Ag reement, was preceded by the Lo an Agreement for the Project “Urgent Rehabilitation of Railway Infrastructure“ in the amount of 4.000.000,00 Euros, signed by executive director of the Public Company Railway Infrastructure of Montenegro JSC Podgorica (JP Željeznička infrastruktura Crne Gore A.D. Podgorica), Mr. Vladimir Šaulić, and representative of EBRD. In the previous period, contracts were signed for the first two tranches of the Project (in 2007 - 6.000.000 Euros, in 2008 5.000.000 Euros), while the realization of the third tranche is in the amount of 4.000.000 Euros for 2009. Contracted variable interest rate amounts to sixmonth EURIBOR plus 1%, and the contract prescribes the possibility of transferring to the fixed interest rate depending on financial market trends. The Contract also prescribes that the third tranche funds will be used for 35 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 financing urgent construction works for rehabilitation of railroads. 13th April 2009 - Mr. Igor Lukšić, PhD, the Deputy Prime Minister and Finance Minister, met with Mr. Simeon Djankov, the creator of the Doing Business Report Mr. Igor Lukšić, PhD, the Deputy Prime Minister and Finance Minister met with the World Bank delegation – IFC/FIAS, led by Mr. Simeon Djankov, Chief Economist of the Finance and Private Sector vice – presidency in the World Bank, creator of the Doing Business Report (“Ease of Doing Bu siness“). Mr. Lukšić presented the activities of the Government of Mo ntenegro aimed at improving doing business institutional framework of Montenegro, and subsequently the ranking in this year’s Doing Busi ness Report. The Report is based on determined indicators, ranking a co untry with regard to starting a business, issuing licenses, employment, property registering, possibility of obtaining lo an, investors protection, payment of taxes, cross-border trade, contracts re alization and closing of business. 14th April 2009 – Signed Mem orandum on Development of the Do cument “Montenegro in XXI Century – in Competitiveness Era“ – Statem ent of Mr. Igor Lukšić, PhD, the Deputy Prime Minister and Finance Minister: “It necessary to complete the do cument in the following 15 months. 36 A competent team will develop the Project, and planned expenses will amount to around 920, 000 Euros, provided through three tranches. Th is Project becomes more important in the time of economic crises. We now have a possibility of using local experts, because we are no longer depending on external knowledge and expertise outside Montenegro. The project team will have available cap acities of the Government, and the Ministry of Finance will be responsible for coordination...“ 28th April 2009 –Interview of Mr. Igor Lukšić, PhD, the Deputy Prime Minister and Finance Minister for Voice of America, on the occasion of regular spring meetings with the IMF and the World Bank. 29th April 2009 – Presentation of Mr. Igor Lukšić, PhD, the Deputy Prime Minister and Finance Minister, at Johns Hopkins University Mr. Igor Lukšić, PhD, the Deputy Prime Minister and Finance Minister held the presentation at prominent Johns Hopkins University in Washington “Global economic crises effects to Southeastern Europe“. The Deputy Minister acquainted the students with the Euro - Atlantic integration process, WTO accession and other important political and economic topics in Mont enegro. When talking about the eco nomic and financial crises effects to Montenegro, Mr. Lukšić presented the package of social-economic measures aimed at overcoming the consequences of the crises, related to the support to economy, small and medium-sized enterprises, banking sector, citizens, etc. The EU and the World Bank credit support was emphasized as potential crises absorbers. To the question why Montenegro did not borrow from the IMF, the Deputy Prime Minister explained that up to now, Montenegro didn’t need the IMF arrangements, and the new Government will decide on this issue. As for economic reforms, the Deputy Prime Minister stressed the importance of introducing Euro since it proven to be crucial in stabilization of monetary system, free inflow of capital and policy of single digit taxes, as well as on the concept of creating open economic system for new investments. 4th May 2009 – the Interwie of Mr. Igor Lukšić, PhD, the Deputy Prime Minister and Finance Minister, for Reuters 5th May 2009 – Interview of Mr. Igor Lukšić, PhD, the Deputy Prime Minister and Finance Minister, for Ec onomic Portal - Montenegrowing.me 12th May 2009 - Mr. Igor Lukšić, PhD, the Deputy Prime Minister and Finance Minister took part in Round Table “Impact of Economic Crises on European Integration“ organized by weekly magazine “Monitor“ and German Embassy to Montenegro, wi thin “Montenegro and European In tegration“ Project. Bulletin of the Ministry of Finance of Montenegro / April - June 2009 cooperation with the Hayek Institute from Vienna, within the Programme “Free Market Road Show“ “Extraordinary economic circum stances failed in delaying the impl ementation of activities and priorities defined by the National Programme of European Integration. This may be the best indicator of our committed work in the process of joining the EU, as well as the awareness of Eu rope of best endeavors used by Mo ntenegro. Global economic crises, will not essentially affect steps and endeavors of Montenegro towards the European family. The crises will affect the management of more fle xible economy and monetary poli cy, creating certain changes in fiscal policy of the EU member states and stagnation of economic development on the road to Europe. However, noting aforementioned will affect the European integration process of Montenegro. Montenegro is independently fighting with the challenges of the crises, providing regular payment of state liabilities, despite declined realization of revenues in the amount of 18%, which is less than planed. Regardless the economic momentum, requiring additional engagement in overcoming the consequences of the crises, the Government is fully committed in fulfillment of objectives and obligations set forth in the Stabilization and Association Act. The process of joining Montenegro, shouldn’t be the harvest of economic crises, committed application of European legislation will surge further strengthening of institutions and rule of law, which along with economic freedoms, is the best combination of foster economic development...” 13th May 2009 - Mr. Igor Lukšić, PhD, the Deputy Prime Minister and Finance Minister, took part in the Conference “Financial Crises: State or Markets Failure” organized by UDG in “If Montenegro wants to achieve consistent economic growth and pro ductivity, it is necessary to focus on infrastructure-related projects. All this does not mean that we will not end ure the negative impact of the crises. We are neither immune nor isolated. To the certain extent it is inevitable that consumers will adjust their prefe rences. No governmental action can prevent that. But there are no mar ket failures, either – market is a me re mirror, reflection of what we are doing as participants in the market interaction. On the other hand, there is plenty of examples how state policies fail. The more state interference the more distorted markets and the impli cation is that price structure can not tell of real profit chances. Actually, the real question is whether economies are able to bear the social cost of the turbulence....” 18th May 2009 - Mr. Igor Lukšić, PhD, the Deputy Prime Minister and Finance Minister, took part in the Meeting of the EBRD Governors Board in London „... It is very important to emphasize the role of the European Bank for Res tructuring and Development, in the previous period, not only from the aspect of economic and development priorities of Montenegro, but also of almost whole region of Southeast Europe. By fulfilling its objectives, the Bank is meritorious for the achieved progress and reforms in all countries, which certainly has had positive polit ical and economic implications for the development of Montenegro. However, in last few months most countries have postponed the finalization of the transition process for a post-crisis period. The need to preserve the social and economic balance worldwide resulted in a tacitly reached ecumenical priority. All world economies, including the Montenegrin one, are committed to creating new ways and models to overcome the crisis. It seems however that smaller countries like Montenegro have experi enced the advantages of the small and open economy, as well as good economic policies dating from the precrisis period. Due to the positive public finance performances – surplus in the last three years, decrease in the public debt amount - Montenegro generated a small advantage over other countries, thus it easily buffered the first attack of the crisis...” 20th May 2009 - Mr. Igor Lukšić, PhD, the Deputy Prime Minister and Finance Minister, participated to Presentation organized by the Real Estate Directorate for the Project of developing digital map of topographic maps, in proportion 1:25 000 and GIS Data Base, as well as activity for development of Immovable Property Cadastre of Montenegro “Production of digital maps in Montenegro, represents an important prerequisite for fast and successful economic development and qualitative 37 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 investments. Digital maps will not be only useful to the Real Estate Dire ctorate, they will be used as a basis for the provision of users service to all interested companies, as well as to national and foreign investors. Mo ntenegrin Government with the World Bank signed the Contract on financing several projects, which will be realized in the following period providing the survey of around 340 thousand acres of space. Our objective is after 2013, to have as less possible unsurveyed areas. In the forthcoming period, the Ministry of finance and the Real Estate Directorate will continue to invest significant funds in similar projects, focusing special attention on human resources and technical capacity building of the Directorate in order to be fully trained for the provision of most complex operations. The first big step was done few days ago, by adopting the Rulebook on Internal Organization and Systematization of the Real Estate Directorate. Last couple of years, the Ministry of finance and the Real Estate Directorate are continuously implementing activities focused on improving records and measuring unmeasured part of the country. Two Projects are in the implementation phase, including the survey of over 140 thousand acres, in relation to the highway Bar-Boljare and Adriatic – Ionic highway..” 27th May 2009 – Signed Loan Agreement between Montenegro and IBRD, for the Project for Institutional Building and Agricultural Strength ening and the Grant Agreement for the Global Fund for Environmental Protection Mr. Igor Lukšić, PhD, the Deputy Prime Minister and Finance Minister and Mr. Ian – Peters Olters, the Head of the World Bank Office in Montenegro, 38 signed the Loan Agreement between Montenegro and IBRD, for the Project for Institutional Building and Agricultural Strengthening and the Grant Agreement of the Global Fund for Environmental Protection (GEF Grant), which will be realized by the Ministry of agriculture, forestry and water management, Bur eau of Statistics of Montenegro and Veterinary Administration, as well as by institutions responsible for project implementation in the amount of 2.955.000 €. The Loan Agreement si gned between Montenegro and IBRD, for this Project was signed for the period of 11,5 years, grace period of 5,5 years and it will be repaid semiannually at favorable interest rates. 4th June 2009 – Statement of Mr. Igor Lukšić, PhD, the Deputy Prime Minister and Finance Minister, on the occasion of adopting the Me morandum on joint cooperation and general consent between the Gover nment of Montenegro and En + Group “The Government will issue gua rantees for the part of total credit indebtedness of the Aluminum Plant (KAP) – loan of 25 million Euros. The Government is ready to earmark the part of money from the budget funds for realization of the social programme – up to five million Euros. We are ready to issue guarantees for indebtedness of the KAP, worth 20 million Euros. This money would be used for financing working capital and for the payment of outstanding liabilities to CKB. With the consortium of banks, we will negotiate the amount of guarantees which we are ready to provide for the part of outstanding debt. This is very important, because it is providing long term stability of the KAP’s balance and creating conditions for changes in this company. We would like to hear what is the discount that banks ready to offer, i.e. in which manner will obligations on the basis of this loan be regulated in the next period. This implies changes to the Budget Law, because it is necessary that everything is in compliance with the Parliamentary procedure. This Memorandum is creating conditions both for Russians and the Government to abandon court procedures and to withdraw processed complaints. Ado pted Memorandum is not the final act ion, because a number of activities need to be completed, prior to all ne gotiations with the consortium of banks that will start tomorrow, because it is our objective to resolve the problem as soon as possible. In this manner, the Government is addressing the workers who think that the Government should take over the ownership over both the KAP and Bauxite Mines from Russians. The Government was considering two options – to cease the production and to resolve problems and create conditions for continuation of production. The analysis have shown that is neither realistic nor economically justified to close the KAP and Bauxite Mines. Th at’s why we decided to give them a new change, whereas the Government will have its member in the Board of Directors of KAP, who will have the right to veto which will be prescribed by the new purchase and sale agreement – including the Decision on production levels. Comparing with the bankruptcy proceeding, this option proved to be cheaper for the state...” 16th June 2009 - Mr. Igor Lukšić, PhD, the Deputy Prime Minister and Finance Minister, was a host of Ne therlands Constituency IMF and the World Bank, organized from 14 – 16 June in Budva – Welcome Speech “...I won’t hide my personal pleasure with the fact that Montenegro hosts the Dutch Constituency meeting in times of the global economic downturn. I hope that this meeting will be the pla ce for a quality, constructive and fruitful exchange of opinions and experiences. First and foremost, it is an opportunity for the constituency members to pre sent their experiences and thus co ntribute to our joint fight in the upc oming period for better, more flexible and innovative solutions, which will Bulletin of the Ministry of Finance of Montenegro / April - June 2009 help us overcome the global economic turmoil with minimum consequences. But, I also hope that this will be a good opportunity, in the year when all the destinations are fighting for their place in the tourism calendar, for You to contribute to our package of anticrisis measures and to spread further Your positive views of Montenegro. I am pleased that You will have the possibility to discover, experience and enjoy the beauties of Montenegro that we are so proud of. And I also hope that through the programs we have prepared, we will manage to present part of our youth, creativeness, art and cultural diversity...” 18th June 2009 –Interview of Mr. Igor Lukšić, PhD, the Deputy Prime Minister and Finance Minister to Press Agency Beta 18th June 2009 – Speech of Mr. Igor Lukšić, PhD, the Deputy Prime Minister and Finance Minister, on the occasion of passing the Draft Budget Law Final Account of Montenegro for 2008. “Total receipts of the budget were by 0,74% higher than planned, generating the surplus of around 0,4% GDP. GDP real growth is 8,1%, and nominal 18,8%, indicating dynamic growth of Montenegrin economy in last year. Crises effects was postponed to the certain extend. Montenegro has low level of public debt, the pu blic debt in last year amounted to 26,8% GDP, unemployment fell to 10,8%. Consolidated public consu mption amounts 46,6% GDP or 1,55 billion Euros. Consolidated public ex penditures reduced by total capital expenditures amounted to 37,32%. This is a confirmation that the stru cture is recovering against infrastr ucture-related investments. In last year consolidated expenditures of the budget amounted to 38,1% GDP, and current expenditures amounted to 33,6%. This is undoubtedly favorable public expenditure structure. The amo unt of deposits at the end of last year was 96,58 million Euros. The State disposed of around 23,6 million Euros in gold. The Parliament should decide on budget rebalance by the end of July of the current year.” 25th June 2009 – Statement of Mr. Igor Lukšić, PhD, the Deputy Prime Minister and Finance Minister, on the occasion of adopting the Report on macro - fiscal trends for the first three months of 2009; Report on realization of macro - fiscal policy for the first three months of 2009, and Proposal of objectives and fiscal policy guidelines used as a basis for planning the receipts and expenditures, with the projection for the next three years, capital budget projection for 2010, and financial ceilings and medium term expenditure framework for 2010 – 2012. “The public consumption should be at the level of 41,3% GDP, in next three years. This years expected pu blic consumption deficit amounted to 2,89%. In the next three years, the decrease should balance the budget. With regard to the central budget and state-owned funds budget, public consumption should be kept between 35 and 36%, and capital budget sho uld amount to 3,5% GDP. The budget deficit corresponds to the level of capital expenditures – although it sh ould be lowered against it. In the foll owing period, activities will be focused on amendments to the Budget Law for this year. The Government should pass the proposal in the mid of July. It implies corrections to the current and capital budget, answers to company’s restructuring comprising budget appr opriation. This is one of the measures correcting medium – term plan... 26th June 2009 – Mr. Igor Lukšić, PhD, the Deputy Prime Minister and Finance Minister, met with the DG Budget representatives of the Eu ropean Commission. In period 24 - 25 June 2009, the European Union DG Budget Represe ntatives, Mr. Robert Gielisse and Mr. Raymond Hill visited the Ministry of finance and met with Mr. Igor Luksic, the Deputy Prime Minister and Finance Minister, and his assistants Ms. Mila Barjaktarović and Mr. Dušan Perović. The topic of the meeting was the achieved progress in the public internal financial control. The representatives of the DG Budget of the EC, were pre sented with undertaken activities of the Ministry of finance related to the development and adoption of the subordinate legislation necessary for the implementation of the Public inte rnal financial control Law, as well as planned activities with the objective of establishing and strengthening the public internal financial control, both in the area of financial management and control as in the internal audit area. Ms. Gordana Jovanović, Spokesperson, Ms. Ivona Mihajlović, Assistant to the Spokesperson 39 INFO/WEB Other Activities in the Period from 1st April to 30th June 2009 Gordana Jovanović Ivona Mihajlović 40 1st April 2009 – Workshop on » Objectives System« in cooperation with the GTZ The first day of the Workshop was focused on the following: presentations and discussions on the objectives system and experience of the Federal Republic Hessen, as well as discussions on open issues related to the pro gramme budgeting in Montenegro aimed at defining mission statements. During the first day of the Workshop, further steps in implementation of the programme budgeting in spending units were analyzed with the objective of su ccessful implementation of the programme budgeting in Mo ntenegro. 3rd April 2009 – Mr. Milorad Katnić, Assistant Minister, took part in the Round Table of the Closing Conference of TRIM MNE Project The Round Table addressed main issues related to the accession of Montenegro into WTO, regional trade, measures, trends, consequences, economic crises and other current economic and financial issues. Bulletin of the Ministry of Finance of Montenegro / April - June 2009 10th April 2009 – Steering Committee Meeting – “First Steps for a Decentralized Implementation System (DIS) in Montenegro“, Podgorica The second Steering Committee Meeting – SC of the Project “First Steps for a Decentralized Implementation Sy stem (DIS) in Montenegro“, was organized on 6th April 2009, in Podgorica. The objective of the meeting was to review implemented activities and achieved results in decentralized management of the EU pre-accession funds, during the period from December 2008 to February 2009, as well as planned activities in next six months period. The Quarterly Report of the Project which was reviewed, comprises comparative analysis of planned activities against achieved results. The Report addresses the situation at the expiry of the first quarter following the inception period and clarifies progress of project activities which have been carried out after the end of the first quarter, conclusions and recommendations to be reviewed by the beneficiary aimed at successful finalization of the Project. During the first quarter, the work was focuses on the Component 0 – Horizontal activities of the DIS pro cess, Component 2 - National Fund, Component 3 - CFCU, as well as the Component 5 – Senior Programming Officers (SPO). Activities related to the Component 1 (National IPA Coordinator – NIPAC) and the Component 4 (Internal Audit Unit of the Ministry of finance – IAU – MF) are planned for the next period. The general conclusion was that the action plan of the Project is fully monitored which is supported by 35% of spent budget. Commission at the end of January. The Economic and Fiscal Programme, represents the preparation for the development of the Pre-accession economic programme, that a candidate country for the EU membership is obliged to develop. The main benefit of the program, is to enable the countries with much easier creation of consistent economic policy, since it is updated on annual basis, providing explanation for possible deviations from established parameters in the previous year. On the other hand, benefit for the European Commission is much easier fulfillment of economic and fiscal criteria of the European Union. The head of the delegation, Mr. Milorad Kat nić, M.Sc, briefed the attendees on the current progress in the public finance areas, financial sector and other commercial sectors. Moreover, Assistant Minister presented set objectives on recently organized annual spring meetings of the IMF and the World Bank. 21st April 2009 – Compensation bonds with maturity date started In accordance with the Law on compensation to the holders of pension and disability insurance rights (“Official Gazette of the Republic of Montenegro”, number 40/08 and 42/08), started the payment of the second installment of compensation bonds with maturity date to the holders of bonds who acquired rights on the basis of compensation for the period July 2002 to December 2003. Prva banka Crne Gore, Crnogorska komercijalna banka and NLB Montenegro banka will realize payment through their branch units. 30th April 2009 – Bulletin No. XV The Ministry of finance published the Bulletin No. XV, containing the review of activities of the Ministry of finance for the period from January - March, the overview of the current economic and financial topics, as well as the following articles: Law on ownership rights, experience of the Republic of Ireland in the situation of global financial crises, VAT trend analysis and structure, repercussions of measures of G20 meeting to the financial position of Montenegro, as well as quarterly reports on the public debt, public expenditure realization on the local self-government level, public expenditures, etc. 27th April 2009 – Montenegrin delegation took part in the experts meeting devoted to the preliminary assessment of Economic and Fiscal Programme Montenegrin delegation, led by Mr. Milorad Katnić, M.Sc, Assistant minister, took part in the experts meeting devoted to the presentation and preliminary assessment of the Economic and Fiscal Programme 2008 – 2011, submitted to the General Directorate for economic and financial affairs of the European 6th May 2009 – Implementing Agreement signed In accordance with the European Union requirements in the area of the conferral of management powers of preaccession funds instrument (IPA) from the European Com mission (EC) to Montenegro, i.e. requirements related to the establishment of decentralized implementation system (DIS), the Implementing Agreement was signed between the National Authorizing Officer (NAO) and Programme Authorizing Officer (PAO). In the light of the above, contracting parties are authorized representatives of the Ministry of finance, Mr. Dušan Perović (NAO) and Ms. Nataša Kovačević (PAO). The Agreement related exclusively to the Decentralized implem entation System of management of programmes of IPA co mponent – Transition assistance and institution building. It is important to emphasize that the Implementing Agreement is 41 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 very important for the activities of the Project “First steps for a Decentralized Implementation System (DIS) in Montenegro“ providing technical assistance to the Ministry of finance and the Secretariat for European integration, as well as to other DIS players, with the objective of strengthening of the administrative and managerial capacities and compliance with the accreditation criteria by the IPA bodies. The Implem enting Agreement is of extreme importance, being the basis for formal defining of responsibilities and functions of the National Accrediting Officer (NAO), the National Fund (NF), and Programme Authorizing Officer (PAO) being the Head of the Sector for financing and contracting the EU funds (CFCU) as a part of Operating structure (OS) for the programmes financed through the IPA Component I. 8th May 2009 – Board of Directors of the European Investment Bank approved the initiation of negotiations with Montenegrin banks Pursuant to the initiative of the Ministry of finance for the provision of the credit support for the improvement of Montenegrin banking sector liquidity, the Board of Directors of the European Investment Bank approved the issuance of loan to Montenegrin banks for funding small and mediumsized enterprises projects, worth 100 million Euros, for which the Government of Montenegro will issue guarantees. On the basis of data submitted to the European Investment Bank and on the basis of analysis produced by the representatives of the EIB in recent months, the Board of Directors approved the initiation of negotiations with the Crnogorska komercijalna banka, Hypo Alpe Adria Bank, NLB Montenegro Bank, Podgorička Bank, Societe General, Opportunity Bank, Komercijalna banka Budva and First Financial Bank. The European Investment Bank is considering the possibility to start negotiations with the Atlas Mont Bank, Invest Bank Montenegro and Hipotekarna Bank, provided that the banks submit information previously requested by the European Investment Bank. 11th May 2009 – Mission of General – Directorate for enlargement (DG ELARG) of the European Commission (EC) with the objective of determining facts In accordance with the common practice of the Euro pean Commission related to the determining which phase the country reached in the process of transferring to Decen tralized Implementation System of management of the European Union pre-accession funds, the mission of the General – Directorate for enlargement (DG ELARG), with the objective of determining facts, visited Montenegro in the period from 12th to 14th May 2009. During the visit, the representatives of the European Commission reviewed the following phases: preparation, programming and future impl ementation of the Component III – Regional development, Component IV – Human resources development, as well as the Component V – Rural development of the pre-accession instrument (IPA) and visited all relevant ministries. Review of the DIS accreditation status, was scheduled for 13th and 14th May, focusing on completed activities prescribed by the Action plan for the conferral of management powers of 42 IPA funds, adopted on the Government’s session held on 15th January 2009, along with appropriate activities requi red to be completed in 2009, primarily with regard to the establishment of relevant DIS bodies, development and signing of Implementing and Operational Agreements rep resenting the basis of the legal framework for the DIS establishment, as well as the development of procedures thereto. Namely, all issues important for the overall process will be subject to discussions, as well as the process of pre paring supporting/accompanying accreditation package. 19th May 2009 - Application for the payment of citizens foreign exchange currency savings deposited with authorized banks headquartered outside Montenegro will last up to 30th May The Ministry of finance of Montenegro, reminded the citizens residing in Montenegro, who deposited foreign ex change savings with authorized banks headquartered ou tside Montenegro, to apply for payment of savings, in acc ordance with the amendments to Law on payment of foreign exchange currency savings deposited with authorized banks headquartered outside Montenegro. Payments are sche duled up to 30th May 2009. Applications for the payment of foreign exchange savings deposited with authorized banks headquartered outside Montenegro should be submitted to Crnogorska komercijalna banka, and this right may exercise citizens residing in Montenegro. 25th May 2009 – Meeting of Enhanced permanent di alogue between Montenegro and the European Commission The second meeting of the Interim Subcommittee for the follow up of the application of the Interim agreement on trade and trade related matters in the area of economic and financial issues and statistics, as well as the meeting of Enhanced permanent dialogue between Montenegro and the European Commission, took place in Podgorica, on 25th May 2009. The meeting was the opportunity for the representatives of Montenegrin institutions to present achieved progress in aforementioned areas. As for comme rcial area, macroeconomic stability and progress achieved by Montenegro, with the special focus on economic growth, labor marker and balance of payments was subject to discussions. As for financial policy, it was discussed about budgetary policy and developments, fiscal framework and public debt management, and banking and non-banking sector. Capital flows and business environment were also subject to discussion. In the area of statistics, the discussion was focused on review of the national statistical system of Montenegro, national accounts, as well as the preparation for making of census and agricultural census. 2nd June 2009 – First negotiations round on concluding the Contract on avoiding double taxation between Mon tenegro and the Republic of Ireland First round of negotiations related to the conclusion of the Contract on avoiding double taxation between Monte negro and the Republic of Ireland. Ms. Koviljka Mihailović, Bulletin of the Ministry of Finance of Montenegro / April - June 2009 Assistant Minister of Finance, represented the Government of Montenegro, and Ms. Helen O’Graidy, Director of the Div ision for corporative and international business, was rep resenting the Republic of Ireland. The Contract will regulate the issue of removing double taxation against income taxes of legal and physical persons and corporative profit tax (employees earnings, revenues from independent activities, interests, dividends, authorial fees, revenues from capital, pensions…...), as well as other issues related to avoiding double taxation and eliminating tax evasion. 26th June 2009 – DIS Experts visit On the basis of the European Union technical assistance provided to the Government of Montenegro, through the Proj ect “First steps for a Decentralized Implementation System (DIS) in Montenegro“, apart from three long term experts, following three short term experts visited the Ministry of finance in the period from 15th June to 3rd July 2009: Rasa Surauciene, Viktoras Sirvydis and Jovita Ramanauskaite. The objective of the short term experts visit was the provision of the support in development of the IPA Manual, representing the basis for the work of all individual institutions involved in decentralized implementation system of management of the EU funds. The Manual of Procedures in the IPA accreditation process, will provide detailed explanation of all phases of the project cycles: programming, identification, evaluation, financing, implementation, project evaluation, including irreg ularities against prescribed procedures, as well as deviations from established procedures for both components. The Manual of Procedures, will cover all managerial structures including the units of the Senior Programming Officer (SPO) in all line ministries, internal audit units (IA), National Fund (NF), Sector for financing and contracting EU funds (CFCU) and the Ministry of European integration. Special attention was focused on more precise defining of the following te rms: DIS accreditation criteria, segregation of functions in decentralized management system of EU funds at the level of the system and organization, on-spot-checks, managing irregularities, communication and reporting, supervision and evaluation process, and so called statement of Assurance. 29th June 2009 – Information on payment of sixth instal lment of converted citizen’s foreign exchange savings bonds The payment of the sixth installment of converted foreign exchange savings bonds will be made from 1st July 2009, to the owners of bonds, in accordance with the Law on regulating obligations and claims in respect of foreign debt and citizens’ foreign exchange savings (“Official Gazette of the Republic of Montenegro”, number 55/03 and 11/04). Installment amount is determined in the certificate (amortization plan). The payment will be made by commercial banks, or regional centers of the Central Bank of Montenegro. Citizens who after 1st July 2004, registered with their banks where they held deposits, and whose bonds are registered on individual account with the Central Depositary Agency, may withdraw the sixth installment in regional centers of the Central Bank of Montenegro and in Atlasmont Bank AD Podgorica, branch unit Pljevlja, depending on the place of residence, on the basis of identification document (ID, or passport). 29th June 2009 - Information on payment of the third installment of converted citizens’ foreign exchange savings bonds deposited with authorized banks headquartered outside Montenegro In accordance with the Law on payment of foreign exchange currency savings deposited with authorized banks headquartered outside Montenegro (“Official Gazette of the Montenegro”, number 81/06 and 20/09), owners of converted citizen’s foreign exchange savings will be paid the third installment in branch units of Crnogorske komercijalne banka AD Podgorica (CKB) from 1st July 2009. Citizens who failed to withdraw the second installment, or whose claims are not registered with the Central Depositary Agency, should register with the branch office of CKB where they submitted the payment request for foreign exchange deposits, where they will receive the certificate of conversion of savings into bonds. After reconciliation of the foreign currency account balance, the bank will record the amount of converted foreign exchange savings into bonds in the booklet. 29th June 2009 – Signed Loan Agreement between KfW and Opportunity Bank The German Development Bank (KfW) and the Opportu nity Bank have signed the Loan Agreement in the amount of 15 million Euros. Out form aforementioned amount, 13 million are earmarked for financing small and medium-sized enterprises projects, while 2 million Euros are earmarked for the energy efficiency projects. The duration of the loan is seven years, with the grace period of two years. In accordance with the credit requirements, the Ministry of finance, on behalf of the Government of Montenegro, signed the guarantee for aforementioned Loan Agreement to the KfW-u. If all formal requirements for the validity of the contract are met, the Opportunity Bank may have available funds by 15th July 2009. Ms. Gordana Jovanović, Spokesperson Ms. Ivona Mihajlović, Assistant to the Spokesperson 43 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 IPA Adriatic Cross-Border Programme Cross-border cooperation, represents traditional tool of the European Union segregating joint activities and achieving common objectives important to all beneficiary countries in the programme. In that light, the European Union is distr ibuting funds aimed at cooperation strengthening in the area of economic and social development, environmental protection, natural and cultural heritage, fight against orga nized crime, provision of security and efficiency of border, etc. Those activities are completed in accordance with the „joint interest principle“according to which the neighboring countries have joint programmes, managing structures, as well as joint participation in project co-financing. As for the number of participants, cross-border progra mmes may be bilateral or multilateral. In Montenegro, crossborder activities are covered by the second component ot the Pre-accession Instrument support (IPA), through the following four bilateral programmes (Montenegro – Serbia, Montenegro – Croatia, Montenegro – Bosnia and Herzegovina and Monte negro - Albania); two transnational programmes (South East European Space (SEES) and Mediterranean programme), as well as through the IPA Adriatic cross-border program. IPA Adriatic cross-border program is a special program against other programmes, because eits implementation is done differently, i.e., shared management principle. IPA Adriatic cross-border program 2007-2013 (hereina fter referred to as: the „Program“) was approved by the Euro pean Commission on 25th March 2008, as the follow up of the New Adriatic Neighboring Programme INTERREG IIIA and its financed through the IPA funds, with the objective of supporting accession process of candidate and potential candidate countries for the European Union membership. The basic objective of this programme is to improve cooperation between Adriatic countries, enabling them to define joint objectives and to undertake joint activities aimed at promoting sustainable development of their territories. Apart from aforementioned, the objective of the programme is to enable candidate and potential candidate countries to become more familiar with the rules of the Community, as well as application procedures. The programme includes three member states (Italy, Greece and Slovenia); one candidate country (Croatia), as well as potential candidate countries (Montenegro, Albania and Bosnia and Herzegovina. Aforementioned countries are fulfilling the territorial acceptability criteria, since each of them is exiting the Adriatic sea. 44 Milorad Samardžić Katarina Živković Objectives, priorities and measures of the IPA Adriatic Programme The Strategy is foreseen in the general objective of the programme which is defined in the following manner: Strengthening sustainable development possibilities of the Adriatic region through harmonized activity strategy among partners of acceptable territory. The general objective is defined in a manner providing assistance to countries which are in the accession process, in the area of institutional building and ability to manage the European Union instruments. Moreover, through the programme strategy, objectives of the cohesion and regional policy of the EU are met, as well as creation of new types Bulletin of the Ministry of Finance of Montenegro / April - June 2009 of integration and creating links between territories that will contribute the increase in competitiveness of the whole Adr iatic region. There are specific goals originating from general objec tive of the programme, so called priorities. The Adriatic pro gramme has four following priorities: Table 1. Review of priorities and measures within the Programme IPA Adriatic Cross-border programme Priority 1 Economic, social and cultural cooperation Priority 2 Priority 3 Priority 4 Natural and Accessibility and Technical cultural resources network assistance and risk prevention Measure 2.1 – Measure 1.1 – Protection and Research and improvement of innovation sea and costal area Measure 3.1Physical infrastructure Measure 1.2 – Financial support for innovative small and medium-sized enterprises Measure 2.2 – Natural and Measure 3.2 – cultural resources Sustainable management mobility system and prevention of natural and technological risks Measure 1.3 Social, health and labor networks Measure 2.3 – Measure 3.3 – Energy saving and Communication renewable energy network sources Measure 4.1 – Administration and management Measure 4.2 – Information, publicity and evaluation Measure 1.4 – Measure 2.4 – Institutional Sustainable cooperation tourism IPA Adriatic programme management structures In the IPA Adriatic programme, following bodies have the leading role: Managing Authority - MA, Certifying Authority – CA and Audit Authority - AA. These bodies, established on the basis of the requirements set forth in the IPA Implementing Regulation (hereinafter referred to as: the “IPA IR“), are funct ioning on the principle of segregation of functions and they are haven’t hierarchal links in implementation of activities. Apart from aforementioned bodies, having segregated functions there are following structures in the programme: Joint Monitoring Committee - JMC, Joint Steering Committee – JSC and Joint Technical Secretariat - JTS, carrying out activities on the different accountability level under the coordination of Managing Authority. Managing Authority- MA is responsible for the programme management and implementation, while the Certifying Authority –CA is responsible for approval of implementation expenses and payments. Certifying Authority is responsible for receiving funds by the European Commission and further transfer to end users, through the lead partner. The Audit Authority – AA, is responsible for the functioning of the management and control system. The place of business of these three most important bodies of the programme is in Italy in Aquila. Joint Monitoring Committee - JMC, together with the MA, is conducting evaluation of project effectiveness and implementation quality. Pursuant to the articles 110 and 111. IPA IR, the responsibility of the JMC includes, primarily: review and approval of criteria for the selection of activity to be finances, approval of the call for the submission of the bids, periodic checks over the progress in realizing specific objectives of the programme, verification of the implementation results against set objectives, review and approval of the report on implementation, approval of strategic project proposals, review and approval of the proposal on amendments to the programme, development of the draft rulebook on procedures of its work in accordance with institutional, legal and financial frameworks of beneficiary countries, etc. JMC is composed of the representatives of central, i.e. local authority of beneficiary countries. Apart from these countries, the JMC member, on advisory basis, is the representative of the European Commission. Moreover, the representatives if the partnership for the environmental protection, as well as economic and social partnership, participate as observes in the work of JMC. Joint Steering Committee-JSC, carries out evaluation of the project proposals submitted by the JMC in its report, in the form of project list, ranked in accordance with previously set criteria. In conduct of operation, prescribed by the article 110. IPA IR, JSC is using the support of the JTS. As already mentioned, project evaluation is carried out on the basis of determined criteria that may be presented in the following manner: objectivity, transparency, professionalism, analysis and review of information submitted in the application. The selection and appointing of the members of the JSC is done by the JMC. However, JSC may be composed of the JMC members, with the help of external experts, if necessary. Joint Technical Secretariat-JTS, with the place of busi ness in Aquila, was established by the MA, with the agreement of the countries participating the programme. Its main task is to provide the support to other bodies in the programme, in conduct of operations for its area of competence. Financial Plan The following Table indicates the Financial Plan, showing the allocation of funds available up to 200, according to prio rities: Table 2. Financial allocation and funding sources accor ding to priorities (2007-2009)1 Priority Community contribution (85%) I II III IV 27.132.341 27.132.341 27.132.341 9.044.114 National financing (15%) Total financing 4.788.060 4.788.060 4.788.060 1.596.020 Ukupno 31.920.401,33 31.920.401,33 31.920.401,33 10.640.134,00 106.401.338 45 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 The contribution of the European Union for financing of each project within the first three priorities, will amount to 85% of total value of the project, while the amount of 15% will be covered from national public funds, win relation to the member states, or by beneficiary in relation to the candidate/ potential candidate countries. The exception to the rule is the forth priority related to the technical assistance to the structures performing programme implementation and programme monitoring. For this priority should provide 15% of co-financing, originating exclusively from public funds, excluding the possibility of private sources co-financing. Preparation, selection and project implementation Acceptable projects in the Adriatic programme are consi dered projects which include at least one partner from the member state and at least one partner from the candidate country, or potential candidate country. The programme is implemented through two types of projects, i.e. common and strategic projects. Common projects, represent the most important type for cooperation implementation. Each common project re lated to strictly defined measure within a priority. Unlike strategic projects where the amount of funds is significantly higher, common projects are allocated with lower amounts. The value of common projects usually ranges from 0.5 to 5 million €, whereas the longest implementation period may be 36. when using allocated funds, beneficiaries must bear in mind that the maximum amount for which they are entitled to, is in the amount of 60% of the total value of the project, while the minimum amount which can be available amounts to 100.000 €. Strategic projects differ form common ones, because they can cover several measures and priorities, this type of projects are featured by the high level of co-financing and the intention to upgrade and generate the networks of participants conducting activities of general interest, long implementation deadline with active participation of highly – qualitative part ners. The value of strategic projects, ranges from 5 to 12,5 million €. However, in order to provide adequate funds for realization of certain project, maximum value for strategic projects may increase on the basis of the Decision adopted by the Joint Monitoring Committee. As for common projects, Managing Authority is publishing the call for the submission of financial bids. The call for the submission of proposals for common projects is done on the basis of priorities and comprises higher number of boxes related to one or several measures. Following the gathering of project proposals, on the basis of evaluation results, the ranking list is generated on the basis of which projects will be financed up to allocating total amounts of funds distributed for concrete call. The procedure of selecting strategic partner is somewhat different. On the basis of the programme and appropriate 1 - EC Regulation No. 1085/2006 as of 17th July 2006. 46 legal solutions, strategic projects are divided into strategic projects selected on the basis of the call for the submission of bids and projects described in the article 95, IPA IR, providing possibility for finding joint activities for funding, regardless the call for the submission of bids. Beneficiaries, partnerships and expenditure accepta bility In order to be eligible for the funds prescribed by the Adr iatic programme, potential beneficiaries must have the legal status of public or private entity. Apart from aforementioned, it is necessary that they have signed partnership agree ment, to appoint project leaders, as well as to have registered office on acceptable territory of the programme, during the whole duration of the programme. Apart from aforementioned, potential beneficiaries must fullfil conditions on the absebnce of conflict of interest, the absence of criminal proceedings against them, that they are not charged of submitting incorrect or uncompleted information required by the European Commission, etc. In order to accept the partnership, each project must have at least one partner form the candidate country, or potential candidate country, and one partner from the member state, the exception to this rule is the cooperation between Greece and Albania and Slovenia and Croatia which are covered by other cooperation programmes. Ob the basis of the rules set forth in the IPA IR, acceptable revenues are revenues paid between 1st January 2007 and 31st December of the third year following the last budgetary liability, for activities or part of activities implemented in the member states, which were realized following the signing of Financial Agreement for activities or part of activities imple mented in beneficiary countries. As already mentioned in the introduction part of the document, the IPA Adriatic programme is a continuation of the New Adriatic Neighboring programme INTERREG IIIA, through which Montenegro completed 11 projects. Development of instruction for potential beneficiaries within the IPA Adriatic programme 2007-2013 is under imp lementation, and the publication of the first call for the su bmission of proposals of common projects is planned by the end of July of the current year. Following the development of aforementioned instruction, potential beneficiaries on the te rritory of Montenegro, will have more information and guidel ines for their project proposals and selection of partners. Mr. Milorad Samardžić, Independent Advisor III Ms. Katarina Živković, Independent Advisor II CFCU Bulletin of the Ministry of Finance of Montenegro / April - June 2009 Draft Budget Final Account of Montenegro for 2008 Public expenditure policy in 2008, was focused on increasing source revenues of the Budget of Montenegro and local self-governments budgets, increase in public sector earnings, increase in capital expenditures for infrastructure financing and purchase of equipment, deepening of reforms in the area of public administration, judiciary and education, stable functioning of budgetary users and decrease in public debt. The Ministry of finance – state Treasury, in accordance with the provisions of articles 49 and 54, of the Budget Law (“Official Gazette of the RoM ″, No. 40/01, 71/05 and “Official Gazette of Montenegro ″, No. 12/07 ), is obliged to prepare the Draft Budget Final Account and to submit it to the Government by 1 June. In accordance with aforementioned provisions of the Law, the Ministry of finance – State Treasury, on 29th May 2009, submitted the Draft Budget Final Account for 2008, to the Government. The Government on its session held on 18th June 2009, adopted the Draft Law on Budget Account of Montenegro for 2008, which is to be submitted to the Parliament by 31st June 2009 (Article 50, of the Law). Draft Budget Final Account of Montenegro for 2009, can be found on the website of the Ministry of finance: www. mf.gov.me, and the following text is providing the basic content of the document: In 2008, Montenegrin economy marked dynamic growth. Estimated GDP in 2008, amounts to 3.338,00 million €. Nominal GDP growth rate was 18,88%, and the real GDP is 8,10%, inflation rate was higher than projected amounting to 6,90%, total amount of public debt amounted only 26,80% GDP, while unemployment rate was low amounting 10,80%. Total consolidated public consumption in 2008, amou nts to 1.556,55 mil €, or 46,63 % GDP. Following consolidation of contributions charged to employers, public expenditure (second consolidation level) amounts to 1.510,64 million €, or 45,26% GDP. Current public consumption (consolidated public consumption reduced by total capital expenditures) amounts to 1245,66 million €, or 37,32 % GDP, implying that the public Stanimirka Mijović consumption structure is favorable and recovering against infrastructure-related investments. In 2008, implementation of the capital budget process continues, whose objective is clearer defining of Governments activities related to the realization of strategic projects accounted for in the capital budget and projects financial sources, more efficient control over project realization and activities, as well as continuity of information on implementation phases and per years. Capital budget is implemented through centralized system, i.e. preparation and implementation of capital projects is done through two institutions: Directorate of public works and Directorate of traffic. In 2008, for realization of capital projects was spent the total of 73,37 million €, whereas 39 projects were implemented through the Directorate of public works and 7 projects thorough the Directorate of traffic. It is important to emphasize that compared with the previous year, the level of capital expenditures in 2008, is higher by 80,13%, or 4,45 % GDP. Programme budget implementation continued, with the objective of more efficient development of the strategy for realization of governments objectives. In 2008, programme budget was implemented in 16 spending units. 47 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 In accordance with the Budget Law for 2008, stateowned funds represent the integral part of the Budget of Montenegro and the Final Account, improving public finance management and increasing rationality and transparency of the public finance. Total receipts of the Budget of Montenegro in 2008, were realized in the amount of 1.353,84 mil €, which is by 0,74 % higher than planned. Out of stated amount, receipts of the Budget of Montenegro, excluding state-owned funds amount to 831,66 million €, and state-owned funds receipts amount to 522,18 mil €. state-owned funds receipts 39% receipts of the Budget excluding state-owned funds Consolidated current revenues with receipts of repayment of loans of the Budget of Montenegro in 2008, amounted to 1.287,20 million €, or 38,56% GDP, which is by 2,44% higher than planned. The consolidated current revenues structure is as follows: - Tax revenues in the amount of 827,98 million €, or 97,76 % of planned amount, representing 64,32 % of current revenues; - Revenues from contributions in the amount of 339,91 million €, higher by 15,10 % than planed, representing 26,41 % of current revenues; - Revenues from duties in the amount of 26,59 million €, or 99,45% of planned amount, representing 2,06% of current revenues; - Revenues from fees in the amount of 38,24 million €, or 88,43% of planned amount; - Other revenues in the amount of 45,48 million €, higher by 39,97% than planned, consisting from capital revenues in the amount of 13,80 million €, revenues from fines and divested material benefit in the amount of 9,43 million €, revenues from activity of state bodies in the amount of 5,38 million € and other revenues in the amount of 16,88 million €; - Receipts from repayment of loans in the amount of 9,00 million €, consisting from repayment of loans approved by the state Budget for financial support to companies from the previous period, self-employment loans realized through the Employment Fund and loans for development projects realized through the Development Fund. 48 Fees Benefits 3% 2% Contribution Other revenues 4% i i i dfrom Receipts repayment of loans 26% taxes 64% Total expenditures of the Budget of Montenegro for 2008, amounts to 1.423,94 million €, or by 7,74% higher than planned, being the result of higher debt repayment, liabilities from previous period, interests, rights from the area of pension and disability insurance, health protection and health insurance rights, transfers to public institutions (i.e. Public health institutions), borrowings and loans to financial institutions. Expenditures of the Budget of Montenegro, excluding state-owned funds, consist of 901,79 million € (current budget 828,42 million € and capital budget 73,37 million €), and expenditures of state-owned fund 522,15 mil €. expenditures of state-owned fund 37% expenditures of the Budget excluding state-owned funds 63% Consolidated expenditures of the Budget of Montenegro for 2008, amounts to 1.272,08 million €, for 3,41% higher than planned amount. Consolidated expenditures of the Budget of Montenegro represent 38,11 % GDP. Consolidated expenditures structure is as follows: - Gross earnings and contributions charged to employers - 21,59% or 274,70 million €; - Social protection transfers - 27,24% or 346,54 million €; - Transfers to institutions, individuals, NGO’s and public sector -16,80% or 213,71 million €, - Capital expenditures - 11,68% or 148,54 million €; - Expenditures for material and services - 8,99% or 114,43 million €; - Borrowings and loans - 4,91% or 62,54 million €, - Current maintenance - 1,74% or 22,15 million€; - Interests - 1,77% or 22,53 million €; - Subsidies - 1.46% or 18,59 million €; - Other personal income - 1,71% or 21,75 million €; - Expenditures for reserves - 0,98% or 12,44 million €; - Rent - 0,66% or 8,36 million €, and - Other expenditures - 0,45% or 5,74 million €. Bulletin of the Ministry of Finance of Montenegro / April - June 2009 Current maintenance 2% Subsidies 1% Interests Other personal income Expenditures for reserves Rent 2% Expenditures for material and services Other expenditures 1% 2% 0% 1% Gross earnings and contributions charged to employers 9% Borrowings and loans 22% 5% Capital expenditures 12% Social protection transfers Transfers to institutions, individuals, NGO’s and public sector 26% 17% Current budget consumption (current budget consumption decreased by total capital expenditures) amounts to 1.123,54 €, or 33,66 % GDP. In accordance with functional classification, expenditures of the Budget of Montenegro in 2008, are as follows: - General and public services in the amount of 278,88 million € or 15,59% total expenditures, - Defense in the amount of 47,25 million € or 3,32%, - Public order and safety in the amount of 157,73 million € or 11,08%, - Economic affairs in the amount of 174,00 million € or 12,22%, - Environmental protection in the amount of 6,21 million € or 0,44 %, - Housing and community affairs in the amount of 6,62 million € or 0,46%, - Health in the amount of 187,56 million € or 13,17%, - Sports, culture and religion in the amount of 23,44 million € or 1,65%, - Education in the amount of 147,22 million € or 10,34%, and - Social protection in the amount of 395,01 million € or 27,74%.] Social protection 27.70% General and public services 19.60% Education 10.30% Sports, culture and religion 1.60% Environmental Housing protection Healt o and 0.40% 13.20% community affairs 0.50% Defense 3.30% Public order and safety 11.10% Economic affairs 12 20% Surplus of the Budget of Montenegro in 2008, amounts to 15,12 million €. Surplus consists of: privatization revenues in the amount of 24,82 million € and deposits transferred from previous year in the amount of 70,10 million €, net repayment of debt on the basis of lending and loans to residents in the amount of 40,72 million €, old foreign exchange savings in the amount of 8,23 million €, restitution in the amount of 6,79 million €, other liabilities from previous years in the amount of 42,76 million € and net repayment of debt on the basis of foreign loan in the amount of 11,54 million €. It is important to emphasize that the Government of Montenegro, with the objective of supporting banking sector, in accordance with the article 4, paragraph 1 of the Law on Banking Sector Safeguards (»Official Gazette of Montenegro«, No. 64/08), made early redemption of debt of budgetary users to the banks and assumed debt of the Railways of Montenegro in the amount of 41,81 million €. Assumed debt of Railways of Montenegro is converted in share capital of the state in this Joint Stock Company. State debt as of 31st December 2008, amounts to 894,7 mil €, out of which external debt amounts to 481,7 million €, consisting of engaged (disbursed) credit funds, and internal debt amounts to 413,00 € million €. Guarantees of Montenegro for loans of state-owned enterprises amount to about 62,6 million €, which is 7,00% of total state debt. State debt represents of around 79,3% in 2007, and in 2008, 69,51% of total expenditures with receipts from the repayment of loan of the Budget of Montenegro. Compared to the end of 2007, the external debt increased by 19,6 million €, due to engagements from current loans in the amount of 36,40 million € (International Development Agency - IDA, Credit development Bank KfW, European Bank for Reconstruction and Development - EBRD, Hungarian commodity loan, Polish loan, Societe Generale Bank loan and on-landed commodity loan of the French Government for EPCG), decreased on the basis of regular repayment of principal in the amount of 16,80 million €. The internal debt growth in the amount of 137,91 million €, is a result of adoption of the Law on compensation of users of right to pension and disability insurance setting forth the payment of overdue pensions in the amount of 105,00 million €, the Law on payment of foreign exchange currency savings deposited with authorized banks headquartered outside Montenegro increasing the debt for 27,6 million €, and the start of the project realization of the Directorate of traffic with the objective of resolving the problem of bottle necks in traffic. Outstanding liabilities of the Budget of Montenegro as of 31st December 2008, amount to 88,86 million €, relating to the liabilities of the Budget excluding state-owned funds in the amount of 24,52 million € and state-owned funds liabilities in the amount of 64,34 million €. It should be emphasized that these are gross outstanding liabilities, and that mutual liabilities amount to 21,74 million €. The amount of 49 outstanding liabilities comprises the pension in December in the amount of 24,57 million €, which by the Law is paid backwards, or following the expiration of a month, and 3,48 million € for the social protection, although during 2008, 12 monthly amounts were paid on this grounds. Deposits of the Budget of Montenegro, as of 31.12.2008, amount to 96,58 million € and 38.477,69 ounces of gold, which market price amounts to 23,61 million €, unblocked by the Bank for International Settlements (BIS), which gross amount is 120,19 million €. The Government deposits grew in period 2004-2007, while in 2008, was recorder the decline in deposits due to application of measures for the support of the banking sector (early debt redemption and credit support to the banking sector). During 2008, two state-owned funds (Employment Fun and Compensation Fun) were fully integrated into the Treasury system, thus the deposit balance was recorded as the deposit balanceof consolidated Treasury account. The trend of Governments deposits in the period 2004 – 200, by users (excluding gold), is as follows: (in thousands €) Description 2004. 2005. 2006. 2007. 2008. 1 Budget of Montenegro with the state-owned funds fully integrated into the Treasury system Republic Fund PIO Republic Fund for health insurance Employment Fund of Montenegro Development fund of Montenegro Compensation fund T o t a l: 2 3 4 5 6 13.374,05 50.976,78 58.311,14 91.103,16 30.441,66 13.837,00 3.568,00 164,00 3.249,00 14.832,00 2.842,57 4.785,00 35.766,00 4.419,69 113.622,04 23.398,00 2.322,89 860,00 29.009,00 5.844,97 119.746,00 38.108,34 4.043,81 2.789,47 26.228,15 4.409,60 166.682,55 38.687,98 9.846,68 34.192,05 17.607,96 96.581,29 Ms. Stanimirka Mijović, Independent Advisor I 50 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 Commentary Impact of Global Economic Crises to Labor Market As it was expected, the global economic crises affected Montenegrin economy. However, unlike most economies, formal labor market is recording positive trends, i.e. increase in employment vs. unemployment. In the countries of the Euro zone (EU-16), unemployment rate increased to 9.6% in May 2009, from 7.4% as it was in June 2008. In EU-27, unemployment rate increased from 6.9% in June 2008, to 8.9% as it was in May 2009. Recorded employment in Montenegro, for the first five months in 2009, increased by 5.4% compared to the same period last year, while compared with the figures in January 2008, recorder unemployment declined by 14% as it was in June 2009, Unemployment rate declined from 10.9% to 10.2% in June 2009. Results of the Public survey on manpower conducted in 2008, indicated similar trend, since the unemployment rate declined from 18% in the first quarter to 16.5% in the forth quarter, provided that the rate in the forth quarter against the third quarter increased by 0.3%. Graph 2: Unemployment rate and the real GDP growth rate 25.0% 20.0% 21 2% 22 7% 20 7% 22 4% 18 5% 14 5% 12 6% 10 7% 10.0% 7 0% 6 0% 5 7% 5 2% 5 0% 5 40% 4 9% 4 50% 4 0% 8 6% 5.0% 4 4% 1 9% 0.0% 2 9% 1 8% 2 0% 2 2% 1 7% 1 4% 0 9% 1 9% 1 1% 0 2% 0 4% 0 0% 0 1% 0 4% 10% 0 6% 1 0% 2 0% 2 5% 2 5% 3 0% Source: MONSTAT In the first five months of 2009, average number of employees was 171.270. Employment swaps trend in the observ- 10 9% 8 1% 4 2% 2 5% 0 2% 2001 3 0% 10% The question whether the crises really affected the labor marker will be answered only after publishing the results of the Manpower Survey conducted for the first two quarters. However, it is that the biggest impact of the crises will be on seasonal employment and employment of foreigners. 15.0% Graph 1 : Formal employment rate in Montenegro 2 0% ing period is followed by the changes in the commercial activity, i.e. employment rate decrease in the industrial sector, while it increased in agricultural and services sector. Hence, the average employment rate decreased in the following sectors: in the industry sector to 6.5%, in the mining sector to 10.5%, in the processing industry to 6.4% and in the electricity generation sector to 4.7%. In the sector of services, the highest increase is recorded in construction by 22.5%, hotels and restaurants by 20.2% and real estate operations by 18%. 2002 2003 2004 2005 2006 2007 2008 -5.0% Unemployment rate the real GDP growth rate Source: MONSTAT, Employment Bureau Despite positive trends in registered employment, there is aggravated trend in registered unemployment since the number of users of unemployment fee increases, since persons having at least 6 months of working experience are entitled to it. In January 2008, the number of the users of the unemployment fee was 9, 222, while in March this number increased to 12.294. 51 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 Overview of unemployment trends in other countries If we analyze the data on the amount of unemployment rate in the countries of European Union, it is evident that the highest growth of this rate was registered in Baltic countries and Ireland (Graph 3). Thus, according to the Eurostat data, in the period from June 2008 to May 2009, unemployment rate in Estonia increased by 11%, in Ireland by 5,8, Latvia by 9,9 and Lithuania by 9,2%. Graph 3 : Unemployment rate trends in selected EU countries 18.0 16.0 14.0 12.0 10.0 8.0 6.0 4.0 2.0 0.0 16.3 15.6 14.3 11.7 9.0 8.9 6.9 7.0 4.6 EU-27 EU-25 Estonija Jun-08 5.9 6.4 Irska Latv ja 5.1 Litvan ja Maj-09 Source: EUROSTAT If we observe data on registered unemployment, in the period from March 2008 to March 2009, highest increase in unemployment was also registered in Baltic countries. In Estonia, the number of unemployed persons tripled, in Latvia and Lithuania this number doubled, while in Turkey increased by 60%. At the same time, registered unemployment declined in Belarus, Bosnia and Herzegovina, Montenegro, Macedonia, Serbia and Tajikistan. Graph 4: Registered unemployment growth rate in Europe and Central Asia (ECA) in the period from March 2008 to March 2009. Source: Labor Market Monitoring in Europe and Central Asia Countries: Recent Trends, World bank. Changes in registered unemployment are followed by other negative trends. The number of vacancies offered by Employment Agencies suffered significant decline, as well as the ratio between those who are looking for job vs. a vacancy. This ratio in Kosovo is 500 people vs. a vacancy, in Bosnia and Herzegovina is more than 200 people, and in Armenia, Latvia and Turkey of around 100 people. The exception is Belarus, where the number of vacancies at the beginning of 2009, was higher than the number of people who are looking for job. 52 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 Which groups will be mostly affected by the crises? Experience from the previous period is indicating that young, older, unqualified workers women and migrating workers are the most vulnerable groups in the situation of general decline in economic activity. At the same time, in crises, chances are lowered for inexperienced workers, graduates or those who are unemployed for long period of time. Up to now, on the basis of data obtained from Europe and Central Asia region, it cannot be concluded which groups of citizens will be most affected by the crises. EU-10 data had shown that the unemployment of young people almost tripled in Baltic counties, while it declined in Slovenia. Gender disparity is not the same in all countries, e.g. increase in unemployment of men occurred in Lithuania, especially in construction and production sector, while the employment of women in Bulgaria and Slovakia declined in the period March 2008 – March 2009. However, it is obvious that the most vulnerable group will be migrating workers. The World Bank data on amounts of transfers from abroad are showing that in the period from 2000 – 2007, in the ECA region, these amounts reached following levels: over 36% in Tajikistan, 35% in Moldova and 18% in Armenia. In the situation of decline in commercial activity, countries featured by the high number of migrating workers are declaring redundant migrating workers due to the crises. Being without a job, migrating workers are returning to their countries of residence, making pressure on their national labor marker. At the same time, migrating workers are the first ones who are discharged from the service due to their concentration in the most vulnerable sectors (tourism, construction), usually being employed on a temporary basis, so called “unregistered work “. 8. incentives and investments in the energy efficient technology for “green jobs”; 9. social dialogue development. *** Since the crisis is global, measures undertaken on local level cannot resolve all problems. Development of the situation in the following period will mostly depend on the situation in world economy, which will influence the economy of Montenegro (tourist season, way of overcoming the crises in the processing industry, privatization in the energy sector). If we take into consideration the recommendations of the International Labor Organization, we can conclude that these recommendations are already under implementation in Montenegro. The Employment Bureau starter with the realization of the special programme for improving employment on the northern part of the country whereas special incentive measures are designed for employment of persons having employment difficulties, fees for unemployed elderly persons are significantly increased (so called minimum pensions for elderly unemployed persons). Support to the small and medium-sized enterprises through the provision of credit lines from European Investment Bank (EIB) and KfW, in cooperation with commercial banks in Montenegro. Initiation of the works on construction of highway was planned for the second half of the year, while problems in the processing industry sector will be resolved by restructuring and support to most important companies in the sector, while the project of crediting energy efficient programmes is already under implementation. International Labor Organization Recommendations International Labor Organization (ILO) Recommendations are aimed for national policies, with the objective of decreasing unemployment and global economic crises effects1 are as follows: 1. appropriate mix of measures of labor market active and passive policy; 2. adjusting social protection and pension transfers, with the objective of avoiding its devaluation; 3. support to companies, especially small and mediumsized enterprises for overcoming liquidity problems and obtaining loans; 4. public investments in infrastructure; 5. directed assistance to vulnerable groups; 6. company restructuring in socially responsible manner; 7. strengthening institutions providing services to unemployed persons; Ms. Ana Krsmanović, Independent Advisor, Ms. Bojana Bošković, Independent Advisor I 1 - José Manuel Salazar-Xirinachs, Executive Director, Employment Sector, ILO 53 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 Procedures in Printing and Issuing Excise Tax Stamps The Law on Excise Tax (“Official Gazette of the RoM”, No. 65/01 and 76/05, and “Official Gazette of Montenegro”, No. 76/08), sets forth the obligation of marking excise products, tobacco products and alcohol beverages (excluding beer and table wine), with the excise tax stamps. Last amendments to the Excise Tax Law which were made at the end of 2008, prescribe the use of special (recording) excise stamps for marking of tobacco products and alcohol beverages being sold in free customs shops are made. The form and content of an excise tax stamp, manner and procedure of approving, printing and issuing, and the manner of keeping records on issued, used and unused excise tax stamps are regulated in details by the Decree on marking tobacco products and alcohol beverages with the control excise tax stamps (“Official Gazette of the RoM”, No. 82/05 and “Official Gazette of Montenegro”, No. 22/09). The excise tax stamp for marking of tobacco products and alcohol beverages in accordance with the provisions of aforementioned Decree includes the letter mark, coat of arms of Montenegro and the title “Montenegro – Ministry of finance“, serial mark and serial number of the excise tax stamp for marking of tobacco products. The size of the excise tax stamp for marking of tobacco products is 45x19 mm and it is being printed in special colors, such as the following: 54 - In blue – for tobacco products produced in the country (mark D), - In yellow – for imported tobacco products (mark U), - In green - for tobacco products for sale in free customs shops („for export only“), - In red – for export of tobacco products for which the foreign supplier did not provide the excise tax stamp (mark E). Moreover, cigarettes being sold in free customs shops are marked with the special excise tax stamp, measures 50x25 mm being glued over a box of cigarettes. The size of the excise tax stamp for marking of alcohol beverages is 90x19 mm and it is being printed in special colors, such as the following: - In orange – for alcohol beverages produced in the country (mark D), - In blue - for imported alcohol beverages (mark U), - In green - for alcohol beverages for sale in free customs shops („for export only“), - In red – for export of alcohol beverages for which the foreign supplier did not provide the excise tax stamp (mark E). The Decree on amendments to the Decree on marking tobacco products and alcohol beverages with the control excise tax stamps (“Official Gazette of Montenegro”, No. No. 22/09), sets forth the obligation to mark retail price on the excise tax Bulletin of the Ministry of Finance of Montenegro / April - June 2009 stamp for tobacco products which are being put into free circulation on the customs territory of Montenegro. The objective of this legal solution which application will start from 1st January 2010,is to protect consumers from increase in prices of tobacco products that are not being sold at old prices. In accordance with the provisions of aforementioned Decree, the excise tax stamp for marking of tobacco products must be glued on the packing under cellophane or any other wrapper, in order to make it visible and irremovable not damaging the packing. The excise tax stamp for marking of alcohol beverages, is glued over the bottle cap or any other packing, so that the bottle may not be open without damaging the stamp. Aforementioned solutions provide for more efficient control over calculating and paying out the excise tax being connected to the moment of taking over the excise stamps from the Tax Administration. The request for the issuance of the excise tax stamp is submitted monthly to the Tax Administration in the period from 1st to 15th day of the current month for the subsequent month, and if the excise tax stamps are printed out for the fist time or printed in quantities higher than usually requested in previous months, the deadline is at least 30 days prior to withdrawing the excise tax stamps. Aforementioned request submitted by producers and importers comprise the data on quantity of excise tax stamps, technical elements for its development, letter mark, serial number and type. Along with the request for the issuance of excise tax stamp, producers and importers are submitting following documents: - Extract from the Central registry of the Commercial Court, - Extract that importer or producer is registered with the Registry on types of tobacco products of the Tobacco Agency, - Extract from the Registry of excise taxpayers of the Tax Administration (for producers). Producers, or importers of tobacco products and alcohol beverages are withdrawing excise tax stamps within 10 days after the Tax Administration issues the information that the excise tax stamps are printed out. They are obliged to submit the payment guarantee (banking guarantee payable on first call), in the amount of calculated excise tax. Jovica Petričević Apart from aforementioned, the Decree sets forth the obligation for producers, or importers of tobacco products and alcohol beverages to return damaged, or unused excise tax stamps to the Tax Administration within 15 days following the expiry of three month. Moreover, damaged or completely ruined or unused excise tax stamps are destroyed by the Commission established by the Ministry of finance. Ms. Ružica Bajčeta, Independent Advisor II, Sector for Tax and Customs System Mr. Jovica Petričević, Independent Advisor I, Sector for Tax and Customs System 55 International Cooperation International Cooperation of the Finance Ministry - International Financial Institutions Meetings Annual Assembly of the EBRD Board of Governors The European Bank for Reconstruction and Development (EBRD) was founded in 1991, with the objective of accelerating and strengthening market reform and transition process in Central and Eastern European Countries, creating conditions for efficient functioning of open market economies. The Bank is owned by governments of 60 countries and two intergovernmental organizations. The EBRD, with its capital is the largest single investor in the region. The bank is using its close cooperation with the regional governments, in order of creating more effective and efficient business environment. The operational rule of EBRD is coo peration only with countries which are committed to demo cratic principles. Among other things, the EBRD is providing financing of projects in the banking and commercial area, through financing new initiatives, as well as financing of existing companies. Moreover, the Bank financially supports privatiza tion and restructuring process of state-owned enterprises and projects aimed at improving services at municipal level. As such, the Bank has extreme influence in Central and Eastern European countries. Eighteenth EBRD’s Annual Assembly, with the particip ation of high representatives of government, states, leading financial corporations, entrepreneurs of small, medium-sized and large companies of the region, as well as civil society representatives, took place on 15 – 16 May 2009, in London. The EBRD Annual Assembly was attended by the delegation of the Ministry of finance, led by the Deputy Prime Minister and Finance Minister Mr. Igor Lukšić, PhD. Current financial and economic situation in the world 56 was the main topic on the Agenda. Apart from its impacts to economies of the countries, financial crises also negatively affected the operations of international financial institutions, as well as the EBRD, which for the first time in last 10 years suffered loss in the amount of 620 million Euros. However, all attendees of the Assembly have expressed their general satisfaction with the measures undertaken by the EBRD aimed at mitigating the consequences of the world economic crises and estimated that aforementioned measures, adopted in December 2008, were prompt and efficient. Moreover, the meeting was the opportunity to emphasize the successful cooperation of financial institutions with the objective of overcoming financial crises, as well as the readiness to extend the operations of the Bank, if necessary. At the same time, Governors expressed their opinion on the current economic crises and have presented measures adopted by governments, as well as proposal of measures that EBRD might consider with the objective of mitigating the consequences of the crises. Apart from attending regular sessions, the delegation of the Ministry of finance had several bilateral meetings with the representatives of international financial institutions: Credit Suisse, Moodys, European Inve stemnt Bank (EIB), Japanees International Cooperation Age ncy (JICA), as well as with the EBRD high representatives, Mr. Tomas Mirow. The aforementioned representatives expressed satis faction with the results achieved by Montenegrin economy in the previous period. Moreover, they were interested in the current situation, with regard to the most important economy issues, as well as with regard to our projections of main economic indicators in Montenegro. It was jointly concluded, that as in the most countries, the impact of economic crises had slower the finalization of the transition process. With the objective of easier overcoming of created situation and Bulletin of the Ministry of Finance of Montenegro / April - June 2009 finalization of the transition process, Montenegro is under taking all necessary measures related to restructuring and modernization of state-owned enterprises, further develo pment of infrastructure, as well as the establishment of mo dern governance standards. During the meeting were discussed future capital proje cts, as well as planned budget rebalance of Montenegro. As one of the prerequisite for the future development are inve stments in the tourism sector and energy, while as most important project is the construction of the highway Bar – Boljare, construction of the Power Plant on the river Moraca, as well as restructuring of some companies, such as Alu minum Plant Podgorica and Steelworks Niksic. Dragan Darmanović Financial institutions had shown their readiness for continuation of cooperation and inclusion in realization of aforementioned capital projects, which would be very impo rtant for successful realization. Following Annual Assembly of the EBRD Board of Gove rnors, cooperation with aforementioned financial institutions continued, with the objective of concreting aforementioned projects. As a result of successful negotiations in London, with the objective of realizing credit funds earmarked for the small and medium-sized enterprises, the Ministry of finance have signed on 2nd July 2009, the Guarantee Contract with the EIB, worth 91 million €. It is expected, that commercial banks in Montenegro will soon sign the Guarantee Contracts with the EIB for one part of the credit. Aforementioned funds, along with provided funds in cooperation with the German Development Bank (KfW) in the amount of 50 million Euros, will represent a significant support not only for the projects aimed for small and medium-sized enterprises in Montenegro, but for the overall economy, due to positive effects of the inflow of cash in domestic cash flows. Netherlands Constituency Meetings Netherlands Constituency Meeting is organized eve ry year in some of the member country. The purpose of the meeting is to discuss issues that are important for economies of member countries. Aforementioned meeting, also represents a chance for ministries of finance and governors of central banks being members of Constituency, to exchange opinions on current economic issues, on which the Constituency should form joint opinion on meetings of executive directors of International Monetary Fund (MMF) and the World Bank. The number of votes of each member state depends on the amount of its the quote. The quote of Montenegro in the IMF amounts to 27,5 million of Special Drawing Rights (SDR), or 0,02% share in total capital of the Fund. The World Bank is organized in a manner that the member countries represent shareholders. The number of shares, or country’s share is based on the size of its eco nomy. Marko Vukašević The Constituency gathers countries cooperating with the IMF and the World Bank. The member countries of Netherlands Constituency are as follows: Netherlands, Bosnia and Herzegovina, Cyprus, Georgia, Moldova, Ma cedonia, Rumania, Ukraine, Armenia, Bulgaria, Israel, Croatia and Montenegro being the youngest member of Constituency. Netherlands constituency, has well established dia logue between its thirteen member countries, provid ing adequate representation and protection of interests of each country individually. Netherlands is committed to intensifying dialogue between the member countries, providing significant technical support on all levels of public administration, covering different areas that are important for member countries. This year’s Constituency was organized in Bečići, in the period 14 – 16 June. The meeting was organized in coo peration of the Ministry of finance and the Central Bank of Montenegro (CBCG). The President of the Government of Montenegro, Mr. Milo Đukanović and the Deputy Prime Minister and the Finance Minister, Mr. Igor Lukšić welcomed the par ticipants. 57 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 The meeting represented the opportunity to express opinions on the current global economic crises and its impact on the world economy. Moreover, the crises effects to individual states were presented, as well as the measures undertaken by the governments and central banks with the objective of overcoming the crises. High representatives of the World Bank and the IMF had several presentations which raised the interest of representatives of the Netherlands Constituency. Apart from regular sessions, delegation of member cou ntries of the Netherlands Constituency had the opportunity to participate to bilateral meetings with the representatives of Netherlands Constituency as well as with the representatives of the World Bank and the IMF. Montenegrin delegation, composed by highest repre sentatives of the Ministry of finance and the Central Bank of Montenegro, held several bilateral meetings. The Finance Minister, Mr Igor Lukšić, PhD, with his assistants and representatives of the Central Bank of Montenegro, met with Mr. Age Bakker, the IMF executive director and Mr. Rudolf Trefers, the World Bank executive director and Netherlands Finance Minister, Mr. Nut Velink. Apart from aforementioned meetings, Minister Lukšić held meetings with the Minister of Finance of Georgia, Mr, Kahom Baindurašvili and with Ukrainian Deputy Finance Minister, Mr. Andrija Kravec. Meetings were the opportunity to discuss current world economic crises and measures which the Government of Montenegro implemented in cooperation with the Central Bank of Montenegro, with the objective of overcoming the 58 negative effects of the crises. Moreover, Montenegrin repre sentatives presented projects planned in the following period, which are of great importance for the continuation of the progress of Montenegrin economy. Participants expressed their satisfaction with achieved results in the transition pro cess and inclusion in international economic flows and ex pressed hope that by joint forces will be designed a model for overcoming the current situation in the world economy. Moreover, apart from official part of the meeting, guest were provided with a good entertainment programme related to the visit to cultural heritage and with beauties of Mont enegrin coast. Joint assessment of participant was that Montenegro, although being the youngest member of Constituency, was an excellent host of this very important event, and that it should organize future events - congress. Mr. Dragan Darmanović, International Cooperation Division Head Mr. Marko Vukašević, Advisor in the International Cooperation Division Bulletin of the Ministry of Finance of Montenegro / April - June 2009 Elections for the European Parliament From 4 to 7 June 2009, the seventh elections for the European Parliament (hereinafter referred to as: the EP) were held simultaneously in 27 member states of the European Union (hereinafter referred to as: the EU). The results of multi-party elections (see Table 1), which were described in the media as the victory of the center-right, are characterized by the triumph of the European People’s Party (it was supported by around 2/5 of the voters) over its major political opponent, the Party of European Socialists. It is interesting to note that in time of the global economic crisis, increasing unemployment, uncertainty over the future of the Lisbon Treaty, the turnout of 43.01% in the elections for the European Parliament was the minimum or modest one. Although, generally speaking, political parties and voters’ turnout show a drop (except for the Greens that show the increase of 2%), much greater surprise for political elites around Europe represents a sudden growth of right-oriented parties (majority of 36% of members) and bad results of socio-democratic parties («La stampa»). Ana Ivanović Table 1.1 Election Results: Towards the New European Parliament (Composition of the EP- the total number of MEPs is 736) 55 30 28 35 265 Nina Vukotić 184 55 84 European People’s Party Group of the Progressive Alliance of Socialists and Democrats of Europe Group of the Greens/European Free Alliance Party of European Socialists Confederal Group of the European United Left - Nordic Green Left European Conservatives and Reformists Group Europe of Freedom and Democracy Group Other parties The youngest member of the newly elected EP is 25-year old Emilie Turen from Denmark, whereas the oldest member is 85-year old Ciriano de Mita (Italy). The share of women in the new EP is 35.3%, whereas the share of men is 64.6%. The members who obtained the greatest support are Silvio Berlusconi (2.7 million votes) and Indrek Tarand (Estonia) who won 25.8% of votes. Eight former Prime Ministers will replace their cabinets with MEP bench, among which there is Alojz Peterle (Slovenia). Although this is a single directly elected body by the citiz ens of the EU, which adopts almost 2/3 of the European regulations, approves the budget of 133.8 billion €2, approves the members of the European Commission and the European Central Bank, and controls the executive power, it seems that even the voters do not recognize its impact on everyday life of a European family, starting from the climate changes to mobile telephony tariffs – or maybe the results reflect the apathy at the national level, regardless of the left or right wing. 59 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 From the first Parliamentary elections held in 1979, when the EP reflected the initial enthusiasm as far as the voters’ turnout is concerned (the record high 61.99%), each following elections mark a drop in the public’s interest (see Table 2). However, regardless of the past events, the European founders are moving into opposite direction. With each new contract, i.e. with each new change of the foundation agreements, the power of the EP is continuously growing, Thus, from the initial, more consulting role, which should have served as introduction and weighting out of cohesion forces of the future EU, today if a certain legal document needs to be adopted by the European Community (such a situation applies to majority of policies of the first pillar of the EU – author’s comment), it must be adopted in identical text by the EP and the Council of the European Union. The aforementioned procedure known as “co-deciding” actually represents the right of veto by the Parliament, and in the conditions of its limited legislative competency, the strongest legal instrument. Table 23. Turnout in the Parliamentary elections covering the period 1979 – 2009 (in %) Historically speaking, the EP had its first session on 10 September 1952. One of the oldest common institutions, it began as the “Common Assembly” of the European Coal and Steel Community (ECSC). It was a consultative assembly of 78 parliamentarians drawn from the national parliaments of member states, having no legislative powers. Its development since its foundation is testament to the evolution of the Union’s structures without one clear “master plan”. The European Economic Community and Euratom were established in 1958 by the Treaties of Rome. The Common Assembly was shared by all three communities (which had separate executives), and it renamed itself the “European Parliamentary Assembly”. The three communities merged in 1967 in accordance with the Merger Treaty, and the body was renamed to the current “European Parliament” in 1962. The Parliament consists of 785 members of the European Parliament, who serve the second largest democratic electorate in the world (after Indis) and the largest transnational democratic electorate in the history, with 342 mil- lion eligible voters in 2009. The Parliament has been directly elected every five years by universal suffrage since 1979, in accordance with the national regulations on elections. Elections for the European Parliament are held in each member state separately, irrespective of national or local elections (although they are sometimes organized at the same time). The Parliament consists of representatives of several large European political groups, as well as of the most important political parties of the member states. Each member state elects a number of members determined in advance, which is established in accordance with the number of citizens. The total number of members of the European Parliament should be 732; however, from 1 January 2007, there are 785 members, which is the consequence of the accession of Romania and Bulgaria, since the allocation of the number of members per member state does not take into account the states that have accessed the EU between the two elections. In accordance with the applicable regulations, the number should be reduced to 732 after the elections, but the compromise was made and the number will be 736. The Parliament and Council are essentially two chambers in the bicameral legislative branch of the European Union, with legislative power being officially distributed equally between both chambers. However there are some differences from national legislatures; for example, neither the Parliament nor the Council have the power of legislative initiative (except for the fact that the Council has the power in some intergovernmental matters). In Community matters, this is a power uniquely reserved for the European Commission (the executive). Meaning that while Parliament can amend and reject legislation, to make a proposal for legislation, it needs the Commission to draft a bill before anything can become law. The Parliament does have the right to ask the Commission to draft such legislation4. It is useful to note a few facts regarding the importance and scope of the European parliamentary power. The Parliament, with its headquarters in Strasbourg, sessions in Brussels, and the Secretariat in Luxemburg, has the budget of 1.53 billion euro, and it costs, on the average, three euro per citizen of the European Union. An MEP has a salary of almost €6.000, and he/she receives €4.000 each month in the name of costs. In the European Parliament, one can speak and write in EU’s 23 official languages, and almost 1/3 of employees are working on translations. The conclusion is a logical one: today, at the time of holding the elections, we have the institution with de iure greatest power since it has been constituted, and with de facto the weakest support of those who are giving it the legal power. Ana Ivanović, Independent Advisor Nina Vukotić, Advisor 1 - Preliminary results, until the inaugural session on 14 July 2009, are taken from the EU official site: http://www.elections2009-results.eu/en/new_parliament_en.html 2 - Amount for 2009 3 - Preliminary results, until the inaugural session on 14 July 2009, are taken from the EU official site: http://www.elections2009-results.eu/en/turnout_en.html 4 - Data taken from the following site: http://sh.wikipedia.org/wiki/Evropski_parlament 60 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 TRIM MNE FINAL CONFERENCE ROUND TABLE WITHIN THE COMPONENT: State Aid „State Aid - New Challenges or Obstacles for Montenegro and Entrepreneurs” The round table panelists were as follows: Mr. Dace Ber kolde, TRIM, short term expert (STE) and Assistant Minister of Finance of Latvia, Ms. Daiga Lagzdina, TRIM STE and the Head of the State Aid department in the Ministry of Finance of Latvia, Ms. Sonja Bećović, Assistant Minister of Finance of Montenegro and Mr. Darko Konjević, MBA representative (Montenegro Business Alliance). Within the issue of accepting the EU discipline in the field of state aid in the next couple of years, represent very challenging task for Montenegro. Possibilities and con sequences of the state, being one of the instruments for economic development of Montenegro, were discussed, as well as whether the country is adequately supporting com panies representing support priority and which are most used state aid instruments. Challenges in introducing and applying the state aid system in Montenegro originate from the fact that the state aid represent a complex issue and a novelty in regulating the state aid in general. The EU requirements to Montenegro, and general requirements relating to the state aid area are as follows: full application of the rules regulating the state aid area, establishment of independent body, granting or restricting the state aid programme and individual state aid funds, provision of return of any illegally distributed state aid, provision of transparency in the state aid area (generation of annual reports), development of comprehensive list of all state aid programmes. In the light of the above, with the objective of implementing the Stabilization and Association Act (SAA), Montenegro fulfilled following obligations: the Law on control of the state assistance and aid was passed (“Official Gazette of the Republic of Montenegro “, No. 26/07); subordinate legislations were passed: the Decree on more detailed criteria, purpose and requirements for the provision of the state assistance Sonja Bećović Šefika Kurtagić and aid (“Official Gazette of Montenegro “, No. 13/08), the Decree on the manner and procedure for submitting and the content of necessary documentation for ex-ante and ex-post control of the state assistance and aid (“Official Gazette of Montenegro “, No. 13/08), the Rulebook on the content of the annual report on control of the state assistance and aid. 61 On the basis of the aforementioned Law on control of the state assistance and aid, and on the basis of the Decision of the Government from 8th November 2007, the Commission for the control of the state assistance and aid was established, composed from seven members. The tasks of the Commission are focuses on control of distribution and issue, granting, monitoring and return of the state assistance and aid. In accordance with legal obligations, the Division for the preparation of the state aid prepared Annual Report on control of the state assistance and aid in Montenegro for 2007. The Report was done on the basis of data submitted by the state aid provider, and in accordance with the methodology prescribed by the European Commission in the reporting area of the state aid, first report of that type in Montenegro. Moreover, the Division prepared the list of the state aid, so called Inventory. The objective of the state aid is the support to the strategy of the Government of Montenegro focused on increase of the commercial growth, implementation of the structural reforms and better public finance governance, especially in the part covering expenditures. The state aid structure, on the basis of the Annual Report for 2007, has positive trend – increase in share of horizontal state aid in the overall allocated state aid. Since this category of the state aid is minimally producing malfunctioning the market competition, generating multiple effects, in the next period (from 2008 to 2009) 62 are intensified investments in the development of small and medium-sized enterprises, which final effect is the increase in employment and introduction of new technologies. In the transition countries, the practice had shown the direct link between activities of the small and medium – sized enterprises being the most dynamic element of the economy itself and productivity growth. Moreover, active measures in the employment policy have created the possibility for new employment, education and training. Basic indicator of achieved higher degree of development will be foreseen in allocation of public funds in the following areas: research and development, environmental protection progamme, energy saving and increase in use of alternative and renewable energy sources. State aid instruments, the most used in the previous analytic comparison period in 2007, are as follows: A2 – tax relief and social benefits, than A1 – subsidies, donations, debt writing-off and increased amounts in compulsory compositions; C1 – lending under more favorable conditions and lending to companies in difficulties; B1 – state and financial transfers in the form of share in capital; C2 – other measures (reservations, general or accelerated amortization, etc.); and D- guarantees. According to available data from Annual Report for 2008, the biggest proportion is in the following instruments: A1 – subsidies, interests, donations, debt writing - off and Bulletin of the Ministry of Finance of Montenegro / April - June 2009 decreased amounts in compulsory composition procedures and C1 – lending under more favorable conditions and lending to companies in difficulties. As to the instruments in use, although state subsidies are more attractive for entrepreneurs, the practice had shown that the more efficient are favorable lending or guarantees, because the state is engaging less funds to several companies. One of the problems with which the Division and the Commission faced with in work and implementation of regulations is inadequate or incomplete information on all procedural measures for the use of state assistance. In that light, the EU experts organized a series of seminars aimed at full education of public administration bodies, companies, public services and judiciary bodies. Second problem with which the Commission for the control of state assistance and aid and the Division for the preparation of the state aid face with cooperating with the public administration is the insufficient time for the processing of notification of the state assistance and aid and its completion in the sense of legal grounds and all necessary elements of the state aid programmes such as justified expenses, intensity, accumulation, etc. What is the meaning of the state aid and which instru ments may be used in granting the state aid, what is the difference between general measures as such and state aid measures; as well as the difference between the state aid policy and the state aid control policy? “Save as otherwise provided in this Treaty, any aid granted by a Member State or through State resources in any form whatsoever which distorts or threatens to distort competition by favoring certain undertakings or the production of certain goods shall, in so far as it affects trade between Member States, be incompatible with the common market”. (Article 87, of the Treaty Establishing the European Community). In order for a measure to be classified as the state aid, it should correspond with the criteria that should be fulfilled at the same time: • The measure should be financed from state funds and granted or directly by the state or indirectly by a body authorized by the state; • Measure should represent the economic advantage which certain company would not obtain under normal operational conditions; • The measure should be “selective”, i.e. relates only to certain companies, or certain commercial sectors or parts of the territory of some member state; • The aid must have the effect of jeopardizing market competition and operations within the European economic area. The simplest way is to explain the essence of the state aid is to divide general from special measures. In case of general measures the subject is not the state aid and special limitations: the money may be granted without any limitations, provided that the state has allocated funds. However, if the state opts to support certain industry, region or a company, than this measure must be harmonized with the special rules prior to granting any funds. At the same time, it should be emphasized that the state is not to obliged to provide any kind of funding. Off course, the state may opt for it creating the state aid policy, only if the state provided adequate funds to meet this objective. There are two different things – state aid policy and state aid control. This means that line ministries are deciding what is the area and which projects will be supported, which sectors have priority, whereas the Commission for the control of state aid is establishing the framework in which the public grants may be granted. In creating the policy that would foster economic development of the country, companies should cooperate with public institutions and with business associations. State aid positive effects are multiple, starting from the effect in the creation of economic policy with the objective of attracting foreign investments, rational budget planning and implementing appropriate regional development policy. Montenegrin tax policy is very stimulative and designed in accordance with the SAA rules, and may be very attractive to investors in a sense that tax relief are considered investments. Comprehensive tax reforms in Montenegro are making this area one of the main trumps in creating more favorable framework for dynamic growth of our economy. Apart from economy and investors, citizens are hav ing benefits from the state aid. There is a great number of good examples where citizens have benefits from the state aid. One of the example is in the case of the supports to the bank. This is an important segment of aid, especially in last months. By supporting banks, the benefit is distributed, also to the citizens by securing deposits held with the banks. Moreover, benefit is provided to the citizens having loans with the banks – by providing additional guarantees to the banks, the state is imposing additional requirements to the banks – that they cannot change loan requirements, e.g. increase in interest rate. Montenegro is adequately implementing the state – aid control system, being in compliance with the international rules regulating this area. Achievements of Montenegro in this field, have significant positive effects to the European integration process of Montenegro. Ms. Sonja Bećović, Advisor of the Minister Ms. Šefika Kurtagić, Senior Advisor III 63 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 Payment of Converted Foreign Exchange Savings Bonds The Law on settling obligations and claims regarding the foreign debt and citizens’ foreign exchange savings and the Law on payment of foreign exchange currency savings deposited with authorized banks headquartered outside Montenegro, prescribes the payment of converted foreign exchange savings starting from 1st July 2009. The Law on settling obligations and claims regarding the foreign debt and citizens’ foreign exchange savings, sets forth the conditions, manner and deadlines in the payment of foreign exchange currency savings with authorized banks on the territory of Montenegro (regardless the residence of the owner of savings), and the payment is made from 1st July 2004 to 2017. In 2009, is planned to make the payment for 66 thousand owners of converted foreign exchange savings bonds, who are entitled to payment. The payment will be made through commercial banks and the Central Bank of Montenegro – regional centers. Moreover, owners who failed to withdraw the first installment and do not have the certificate of concerted foreign exchange currency savings in bonds, need to address to the Bank in which they held deposits (Banks in Podgorica - Societe General Group – for former holders of deposits of Podgorička Banka, Atlasmont Banka – for former owners of deposits of Beranska Banka and Pljevaljska Banka and Prva Banka Montenegro – former owners of deposits of Nikšićka banka). Up to now, the amount of bonds that was paid and boughtout is 48,5 million €, and the amount of debt is 137,2 million €. The Law on payment of foreign exchange savings deposited with authorized banks headquartered outside Montenegro, prescribes conditions, manner and deadlines in payment of foreign exchange savings deposited with authorized banks headquarter outside Montenegro. The payment is made from 1 July 2007, through commercial branch units of Crnogorska komercijalna Bank. However, certain number of citizens – owners of foreign exchange currency savings outside Montenegro had failed to exercise their right to payment of the foreign exchange savings in prescribed deadline (up to 6th January 2008), and they addressed to the Ministry of finance. Bearing in mind aforementioned reasons, the Government of Montenegro on the basis of amendments to the Law on payment of foreign exchange currency savings deposited with authorized banks headquartered outside Montenegro (“Official Gazette of Montenegro”, No. 20/09), have created the legal framework and extended the deadline for the payment of foreign exchange currency savings up to 30th May 2009. The amendments to the Law provided the citizens to submit the request who do not have the final judgment on inheritance of foreign exchange currency savings by submitting the evidence on initiating legacy procedure before the competent court. We are emphasizing, that the payment of foreign exchange currency savings to this citizens will be made following the submission of the final judgment on inheritance. 64 Marina Popović Therefore, in the period from 20th March to 30th May 2009, Crnogorska komercijalna Banka received 524 payment requests and paid first installment (380,00€) in total amount of 171,5 thousand € and second installment (530,00€) in the total amount of 188,7 thousand €, which is in total 360,2 thousand €. Up to now, the amount of paid and bought – out bonds is 3,8 million €, and the amount of debt is 34,1 million €. Distribution of funds for the payment and redemption of foreign exchange savings bonds of citizens is done on the basis of the Budget of Montenegro for 2009, in the amount of 20,1million €, for the following: - payment of sixth installment deposited with authorized banks on the territory of Montenegro - 7,5million €; - for the payment of third installment deposited with authorized banks headquartered outside Montenegro - 2,6 million € - for redemption of foreign exchange currency savings bo nds - 10,0 mil. €. Moreover, the bonds may be used prior to maturity date for the purchase of shares of state owned companies and companies owned by the Funds which are in privatization process, purchase of apartments, residential premises, business premised, land or other property in state ownership for which Montenegro determined that may be purchased with the bonds that are not within maturity, payment of tax liabilities which maturity date is in a year in which tax liabilities are due and may be sold on the stock exchange through authorized persons on the securities market (brokers). Ms. Marina Popović, Independent Advisor I Bulletin of the Ministry of Finance of Montenegro / April - June 2009 Issuing, Withdrawing or Suspension of Accreditation for Decentralized Management of the European Union Funds 1. Accrediting Definitions of accreditation and conferral of management powers over the European Union funds, are defined by legislative framework for application of the pre-accession assistant instruments (IPA), such as: IPA Implementing Regulation (hereinafter referred to as: “IPA IR“), as well as Framework Agreement1, signed by every beneficiary country with the European Community Commission. In this way, the Framework Agreement becomes binding document for all signing countries and accepts prescribed criteria for accrediting by the European Commission (hereinafter referred to as: “Commission “). Article 11, IPA IR – General Requirements – subsection 1, define that the Commission is making sure that the country concerned meets the conditions referred to in Article 56(2) of Regulation (EC, Euratom) No 1605/2002 (hereinafter referred to as: the “Financial Regulation”), in particular as regards the management and control systems established, and that the accreditations. Article 56, of the Financial Regulation sets forth that the audit, accounting and procurement systems of beneficiary country is equivalent to the rules established in the European Union countries, i.e. in accordance with the rules and legislation of the European Community, as well with due account for internationally accepted standards.2 Apart from aforementioned requirements, it is necessary to have accreditations in force of the National Fund, the NAO and operational structures. In that manner, in compliance with defined requirements, management and control systems established within beneficiary country are providing efficient controls in the following areas: where the control is carried out (as to establishment of organization and its management), risk planning and management, control activities, monitoring and communication. IPA IR Regulation sets forth that where specific persons have been given responsibility for an activity in relation to the management, implementation and control of programmes, Nataša Kovačević the beneficiary country shall enable such persons to exercise the duties associated with that responsibility, including in cases where there is no hierarchical link between them and the bodies participating in that activity. The beneficiary country is in particular providing those persons with the authority to establish, through formal working arrangements between them and the bodies concerned: (a) an appropriate system for the exchange of information, including the power to require information and a right of access to documents and staff on the spot if necessary; (b) the standards to be met; (c) the procedures to be followed. The Competent Accrediting Officer (or Competent Authorizing Officer as being defined in Montenegro - CAO3), is responsible for the accreditation of the National authorizing officer (NAO)4, both as the head of the National Fund, since the NAO is managing this unit. Prior to accrediting the NAO, the CAO is making sure that the applicable requirements set out in Article 56(2) of the Financial Regulation are fulfilled, as 65 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 well as criteria set forth in the Annex IPA IR (Accrediting Criteria). Aforementioned must be supported by an audit opinion drawn up by an external auditor functionally independent from all actors in the management and control systems. The audit opinion is based on examinations conducted according to internationally accepted auditing. The CAO is informing the Commission of the accreditation of the NAO, not later than the notification of the accreditation of the first operating structure. Moreover, the NAO is obliged to provide all relevant supporting information required by the Commission. The CAO immediately informs the Commission of any changes concerning the NAO or the National Fund, where a change affects the NAO or the National Fund in relation to financial management, therefore accreditation validity. Where such a change is significant, the CAO shall also notify the Commission of his decision concerning the accreditation. Regardless the IPA component, the NAO is responsible for the accreditation of the operating structure. Prior to accrediting an operating structure, the NAO is making sure that the requirements set out in Article 11, of the IPA IR, are fulfilled by the operating structure Concerned, being identical situation as in accrediting the NAO and the National Fund. This means that the NAO must assure that all requirements prescribed by the article 56(2) of aforementioned Financial Regulation, as well as all criteria set forth in the Annex. Both in case of accrediting operating structures as in the case of accrediting the National Fund and the NAO, the assurance has to be supported by an audit opinion drawn up by an external auditor functionally independent from all actors in the management and control systems. Moreover, the audit opinion shall be based on examinations conducted according to internationally accepted auditing standards. It is necessary to emphasize that the NAO is the person who should inform the Commission of the accreditation of operating structures, as well as to provide all relevant supporting information required by the Commission, including a description of the management and control systems. It is necessary to make the difference between the Na- tional Accreditation, when key players in accrediting process, i.e. the CAO and the NAO are assured that upon appointed bodies, designed procedures and established control and management system, there is a justified ground by national authorities to submit the application for the next phase, which is conferral of management powers5 by the Commission, representing accrediting by the Commission. Thus, prior to conferral of management powers, the Commission is reviewing accreditations for the NAO, the National Fund and Operating structures (CAO is submitting the application to the Commission for decentralized management for the National fund, while NAO is submitting for relevant operating structures). At the same time, the Commission is reviewing procedures and structures of all relevant bodies or institutions in the beneficiary country, which may include on – spot –verifications by its services or subcontracted to an audit firm. It may be the case that the Commission sets further conditions, with a view to ensuring that the requirements referred to in Article 11, of the IPA IR are met. These further conditions must be fulfilled within a fixed period determined by the Commission for the conferral of management powers to remain effective. The Commission Decision on the conferral of management powers should contain the list of the ex-ante controls, if any, to be performed by the Commission on the tendering of contracts, launch of calls for proposals and the award of contracts and grants. This list may vary with the component or the programme. The ex ante controls shall apply, depending on the component or programme, until the Commission allows for decentralized management without ex ante controls, so called EDIS, i.e. expanded DIS. Moreover, the Commission may define the suspension or withdrawal of the conferral of management powers in relation to specific bodies or authorities. 2. Withdrawal or suspension of the accreditation Regardless the Commission Decision on the conferral of management powers, CAO is responsible for monitoring the continuing fulfillment of all the requirements for accreditation to be maintained and shall inform the Commission 1 - Framework Agreement between the Government of Montenegro and the European Community Commission, on rules for cooperation related to the financial assistance of the European Community to Montenegro within implementing IPA (“Official Gazette of Montenegro, No. 01/08 – International Treates) and the Regulation of the Commission (EC), No. 718/2007 as of 12th June 2007, implementing Framework Regulation IPA- IPA IR – Chapter II – Management and control systems, Articles 11-17. -Commission Regulation (EC) No 718/2007 of 12 June 2007 implementing Council Regulation (EC) No 1085/2006 establishing an instrument for pre-accession assistance (IPA) 2 - See Article 56(2) (EC,EURATOM) -Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities 3 - CAO – Mr. Igor Luksic, PhD, Finance Minister is the Competent Authorizing Officer. 4 - NAO – Mr. Dušan Perović, Assistant Minister for Treasury Operations, is the National Authorizing Officer. 5 - Conferral of management represents the last phase in so called DIS Road Map, or the first step in independent management of the EU funds, when the European Commission is passing the Decision on decentralized system. 6 - See Article 50, IPA IR: 1. The NAO, who bears in the first instance the responsibility for investigating irregularities, shall make the financial adjustments where irregularities or negligence are detected in operations or operational programmes, by cancelling all or part of the Community contribution to the operations or the operational programmes concerned. The national authorising officer shall take into account the nature and gravity of the irregularities and the financial loss to the Community contribution. In case of an irregularity, the national authorising officer shall recover the Community contribution paid to the beneficiary in accordance with national recovery procedures. 66 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 of any significant change related thereto. If any of the applicable requirements set out in Article 11 are not, or are no longer, fulfilled, the CAO is obliged to either suspend or withdraw the accreditation of the NAO, and immediately inform the Commission of his decision and of the reasons for his decision. This assurance is to be supported by an audit opinion. During the period when the accreditation is not in force, all the euro accounts or the euro accounts for the components concerned shall be blocked, because the accreditation refers to the work of the National Fund or NAO. With regard to accrediting operating structures, after the conferral of management powers by the Commission, the NAO is responsible for monitoring the continuing fulfillment of all the requirements for this accreditation to be maintained and is informing the Commission and the CAO of any significant change related thereto. If any of the requirements set out in Article 11, IPA IR are not, or are no longer, fulfilled, the NAO will either suspend or withdraw the accreditation of the operating structure concerned, and immediately inform the Commission and the CAP of his decision and of the reasons for his decision. Before restoring the accreditation to operating structure, the NAO will assure himself that those requirements are again fulfilled. This assurance is supported by an audit opinion. Where the accreditation of an operating structure is withdrawn or suspended by the NAO, the Commission is not making transfers to the beneficiary country of funds relating to programmes or operations implemented by the operating structure concerned while its accreditation is suspended or withdrawn. If the beneficiary country of funds failed to comply with the requirements and conditions related to the conferral of management powers, the Commission may make financial corrections, which means that in accordance with the Articles 49-56, IPA IR, the beneficiary country of funds is obliged to return the funds to the European Community.6 No new legal commitments made by the operating structure concerned shall be considered eligible during the period when the accreditation is not in force. The NAO shall be responsible for taking any appropriate safeguard measures regarding payments made or contracts signed by the operating structure concerned. of the requirements mentioned in Article 11, IPA IR are not, or no longer, fulfilled. The Commission shall cease to make transfers of funds to the beneficiary country. In case of misuse, the Commission may make financial corrections, which means that in accordance with the Articles 49-56 of the IPA IR, the beneficiary country is obliged to return funds to the European Community. The Commission may lay down other consequences of such a suspension or withdrawal in a specific Commission Decision. 3. Withdrawal or suspension of conferral of manage ment powers Irrespective of the decision by the CAO to maintain, suspend or withdraw the accreditation of the NAO, or of the decision by the NAO officer to maintain, suspend or withdraw the accreditation of the operating structure, the Commission is continuously monitoring issued accreditation and therefore may withdraw or suspend the conferral of management powers at any time, in particular in the event that any Ms. Nataša Kovačević, Assistant Minister, CFCU 67 Return of Pension and Disability Insurance Contributions The Law on compulsory social insurance contributio ns sets forth the obligation of payment of compulsory social insurance contributions (“Official Gazette of Montenegro“, No.13/07 and 79/08), which entered into force on 1st January 2008. The adoption of aforementioned Law on compulsory social insurance contributions establishes unified financing system of compulsory social insurance in Montenegro. Apar t from aforementioned, the Law unified all three types of contributions (pension and disability insurance, health insurance and unemployment insurance) and aligned basic 68 solutions related to the obligors, basis and deadlines in pay ment of insurance. The obligors of compulsory social insurance contribu tions are the insurers (employees and self-employed per sons), employers (legal entities and entrepreneurs employing workers) and other persons (farmers, etc.), who are socially insured in accordance with special laws regulating certain types of compulsory social insurance. The new Law on contributions regulates the institute of the highest annual basis for the payment of contributions Bulletin of the Ministry of Finance of Montenegro / April - June 2009 for compulsory pension and disability insurance and return of contributions. The Article 14, of the Law prescribes that if an insurer is realizing revenues on the basis of several different grounds (employment, etc.), compulsory pension and disability insurance is calculated and paid on the basis of those grounds up to the amount of the highest annual co ntribution basis. Following the expiry of the calendar year, the amount of the highest annual basis is aligned with the growth rate of minimum wage in Montenegro obtained in previous calendar year in accordance with the data obtained from the statistical authority (MONSTAT). The Ministry of finance has the authority to adopt subordinate regulation on alignment of the highest annual basis. The highest annual basis for payment of contributions for the Pension Insurance Fund in 2007 - amounted 20.885,14 €, and in 2008 - amounted 23.976,14 €, in accordance with the Rulebook on alignment of amounts of the highest annual basis for the payment of contributions for pension and disability insurance (“Official Gazette of Montenegro“, No.15/08). On the basis of the Rulebook on alignment of amounts of the highest annual basis for the payment of contributions for pension and disability insurance for 2009 (“Official Gazette of Montenegro“, No.9/09) this basis for 2009 amounts 29.370,80 €. Namely, the amount of the highest annual basis for the payment of contributions for pension and disability insurance for 2009, compared to the highest basis in 2008, is higher for 22,5% (representing the increase in average salary in Montenegro in 2008 compared with 2007). In accordance with the provisions of the Article 22, of the aforementioned Law on contributions, the obligor who paid contributions for pension and disability insurance, or on whose behalf was paid the contributions on the basis of the basis for calculation of contributions exceeding the amount of the highest basis for the calendar year, will be entitled to return of overpaid contributions. Tatjana Bošković contributions and paid contributions on all grounds, or the report of the payer of personal income and other income and certificated of authorized tax body (for revenues from independent activity). For example, if a physical person in 2008, realized reve nues on two grounds (employment and membership in the managing board) and total basis for calculation and pay ment of contributions for pension and disability insurance is exceeding the amount of 23.976,14 €, than the person is entitled to return of exceeded amount of paid pension and disability insurance contributions. Competent tax body is deciding on submitted request for the return of pension and disability insurance contributions and final decisions are submitted to the applicant and the payer of personal income and other income, and return of paid contributions is made within 30 days following the sub mission of the final decision on return of contributions. More detailed procedure and the manner of returning exceeded amount of paid contributions is prescribed by the Rulebook on the procedure and the manner of returning exceeded amount of contributions for pension and disability insurance (“Official Gazette of Montenegro“, No. 38/08 and 27/09), adopted by the Ministry of finance. Obligor of contributions (physical person) will return overpaid contributions following the expiry of the calendar year. The request is submitted to authorized tax authority in Form „ZPD” (Request for the Return of Contributions) containing data on the grounds for paid contributions (i.e. employment, independent activity, contracted feed, membership in board of directors, managing board, etc.). Along with the aforementioned request, the obligor must submit proofs on the amount of the basis for calculation of MSc. Independent Advisor in the Sector for Tax and Customs System 69 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 Fuel Consumption Assessment Based on Collected Excise as the Economic Activity Indicator The understanding of real economy trends is the conditio sine qua non concerning decisions on: creating economic environment (Economic policy), selecting appropriate fiscal policy instruments and possible changes in these areas. One of the occurrence indicators in the real sector showing the level of economic activity is the mineral oils consumption (fuels)1. It is necessary to emphasize that the significant advantage of this indicator is that it is allowing the assessment on the basis of very short period of time2. The fuel excise tax, represents the convenient indicator of fuel consumption because of being paid on quantity providing independence from fluctuation in imported prices, having huge oscillations in last year3. The analysis is suggesting that though collected excise which is proportional to the quantity of mineral oil (mineral oils consumption) we may have one of the leading indicators of the level of economic activity on the economy of Montenegro. As already known, the transportation represents an important segment in the economy. because it permeates all industry, whereas the fuel consumption directly implies. The analysis is not providing the division of consumption into a part related to individual needs and the part related to the renewal of the different economic activities, although we are aware of the fact that these two segments of consumption imply different elasticity.4 By applying inverse method we are obtaining the data on quantity of fuels on which the excise is collected, i.e. data on consumption through the following: In order to calculate fuel consumption5 by types, we took into consideration the following data: It is commonly accepted that the fuel consumption 1. data on collected excise for certain types of fuels, such as unleaded fuel 95, diesel fuel D2 and bio – diesel and leaded fuel 98, for the period 2006-2009. (data on receipt accounts - Eko code, Treasury); 2. Data on excise amount for certain types of fuel (Law on excise tax); 3. data on conversion of fuel volume to weight equivalent (Decree on calculating maximum retail price of fuel); 4. “The Regime of deferred payment of excise“ (the Law on excise tax). 70 Kt = A p * k l / kg Al or Kl = Ap where: Al K l = fuel quantity (volume) K t = fuel quantity (weight) A p = collected excise k l / kg = ratio for converting the fuel from liter to kg A l =Excise per liter The value of the converter ratio is indicated in the following Table: Type of Fuel kl/kg Al Unleaded fuel 95 Diesel D2 Leaded fuel 98 0.772 0.85 0.755 0.364 0.27 0.369 is accounted for in liters, thus K l is fully illustrating the measured consumption (fuel quantity on which the excise is collected) applying 45 days, because on the basis of the deferred payment regime the excise holders are entitled to deferred payment, i.e. collected excise for this moth relates to consumption in previous 45 days. Due to easier calculation, 60 days were accounted for as deferred payment. This concretely means that the equivalent to collected excise in the first two months of 2009, represent the consumption in last two months of 2008, because we are taking into consideration aforementioned deferred payment regime. Since the values in the upper table are constant the results are as follows: In liters In kilograms K l (D2 and Eco-diesel)= Ap * 3,703704 K t = (D2 and Eco-diesel)= Ap * 3,148148 K l (fuel 95) = Ap * 2,747253 (2,785515 )6 K t (fuel 95)= Ap * 2,120879 (2,150148)7 K l ( fuel 98) = Ap * 2,747253 K t (fuel 98)) = Ap * 2,07416 Quantity of fuels on which the excise is collected 30.0 25.0 20.0 15.0 10.0 5.0 0.0 I II III 2008 IV V VI 2007 VII VIII IX 2006 X XI 2009 XII Obtained results are given in the graph to the right. The graph indicated the total mineral oils consumption by months for the period 2006 -2009, as well as on the basis of the fuel types8. 71 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 1. The mineral oils consumption in 2006, amounted approximately 176 million liters, and in 2007 the consumption was higher for 18% or for 207 million liters, while in 2008 was higher for 28% and amounted 265 million liters. In 2009 was recorded a moderate decline in fuel consumption (4 %) which corresponds to more moderate economy activity. Monstat’s data on trends of the transport of goods in the period from January to April 2009 are in accordance with this conclusion. ( 98.3 ) 2. The mineral oils consumption in u 2006 and 2007 has a significant seasonal pattern. The consumption is highest in summer season, which clearly corresponds to the peak of tourist and construction season. In 2008, this monthly pattern is to certain extend jeopardized in the last quarter which may be explained by the settling of commercial activity. Moderate decline in consumption is viable in the first quarter of 2009, and similar trend may be expected by the end of the year. In this manner was calculated the fuel consumption for the first quarter of 2009, compared to the same figure in the last year period it shows the decline of 4 %. Vladislav Karadžić Conclusions and proposals 1. Considering the importance of transport in economy, as well as aforementioned fact on availability of data on collected excise, it can be treated as one of the leading indicators of the commercial activity level. 2 If we take into consideration the facy yjay the three values in upper equation are constant (excluding collected excise), it may be concluded that the fuel consumption – fuel quantity on which the excise is collected – is proportional to collected excise, thus it is easy to calculate possible financial effects of increase or decrease in excise. 3. Considering the nature of collected excise (on qua ntity) it may be used as one of the instruments of control in sales of fuel (comparing quantity and collected excise). Radovan Živković Mr. Vladislav Karadžić, Independent Advisor I Mr. Radovan Živković, Independent Advisor I 1 - Robert Peston, the BBC’s business editor expressed similar idea in his blog on economic and business topics treating the electricity consumption and a leading indicator of commercial activity. - http://www.bbc.co.uk/blogs/thereporters/robertpeston/2009/06/corus_jobs_and_electricity_usa.html 2 - Data on collected excise are available on a daily basis. 3 - The oil price ranged from 150$ /barrel in July – and 40$/barrel in December 2008, 37 $/barrel in March 2009, 72 $ in June 2009). 4 - Individual consumption is inelastic in the situation of moderate fluctuation of prices, while consumption connected to commercial activity has high elasticity ratio. 5 - We must emphasize that more precise term is the quantity of mineral oils on which the excise is paid, but for this analysis was made on the assumption that these categories coincide. 6 - From 1st January 2009, the excise on unleaded fuel was reduced from 364 to 359 €/1000 liters. 7 - Same as with 5. 8 - Due to limited space, data on total consumption for certain types of fuels on the basis of years and months had not been indicated. 72 World Bank Project REPARIS 1. Basic Information Road to Europe: Program of Accounting Reporting and Institutional Strengthening (The Road to Europe: Program of Accounting Reform and Institutional Strengthening) – REPARIS is a regional program aimed at creating a transp arent policy environment and effective institutional frame work for corporate reporting within South Central and South East Europe. Participating countries/entities include Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Kosovo (UNSCR 1244), the former Yugoslav Republic of Macedonia, Romania, and Serbia, Montenegro. Moldova, Turkey and Ukraine are also participating in certain regional activities. Main objectives of the regional REPARIS are focused on optimization of economic volume, elimination of double effo rts and facilitation of exchange of knowledge and experience between the countries in the Region. Key regional activities of the REPARIS Program include the following: Academic education – development of the model for curriculum in the area of accounting and auditing; IFRS Courses – design of the standard set of courses in International Financial Reporting Standards (IFRS) focused on different target groups – including academics, accountants, auditors, regulators, taxpayers, etc.; Setting of accounting and auditing standards – develo pment of patterns for defining accountability, obligations and 73 competency of the body responsible for setting of standards harmonized with the best international practice; Strengthening professional auditing bodies – provision of funds to professional auditing bodies for improving the qu ality of the audit. Professional education, experience and testing of knowle dge – establishing the model in accordance with the require ments of the 8. EU Directive in the area of commercial law. Strengthening institutional capacity for implementation of regulations – provision of authority and mechanisms to the regulatory and supervisory bodies in the area of the banking sector, insurance and capital market in implementation and application of the sound accounting and audition in accor dance with the acquis communautaire. Application of coordination application activities – esta blishment of the platform for coordination of regulatory and supervisory bodies in the area of the banking system, insurance and capital marker, as well as the system of public auditors supervision in each country. Public supervision – development of patterns for defining accountability, and competency of the supervisory board which is in accordance with the acquis communautaire. Quality assurance – establishment of the international experts pool that would be providing asvisory services on proposals for the provision of quality. Twinning and Secondment – Twinning and secondment represent the tools for the strengthening and development of professional and regulatory bodies. European and international organizations – adoption of the European and international practice in professional and regulatory bodies through the transfer of skills and participa tion in meetings, seminars, workshops, as well as the cour ses provided by the relevant European and international org anizations. Public access to financial information – developing the model for complying with the requirement 1 of the EU Directive in the area of commercial law and the EU transparency Directive. 2. Achieved objectives • Diagnosis – ROSC assessment for each country – completed; • Raising awareness, information and creating the momentum for reforms – initiated; • Local action plans – initiated; • Implementation of local action plans – initiated; Regional capacity building, technical assistance and training – initiated. 3. Initial phase in 2009. 4. Implementation phase – from 2010 - 2014. 74 Aleksandra Popović 5. Financing – Austrian development corporation and the Government of Luxemburg Participation of Montenegro Up to present four workshops were organized within REPA RIS Project attended by the representatives of Montenegro. The first workshop was organized in March 2009 in Vienna for senior officials of the Ministry of finance whicih objective was the launching of the REPARIS program. The representatives of the Ministry of finance participated in the work of this workshop. The second workshop was organized in April 2009 and it was intended for the educational process in the area of accounting and auditing and it was organized in Vienna in April 2009. The workshop was attended by the representatives of the Ministry of finance, Institute of certified accountants and the Faculty of Economics. At the end of June 2009, additional two workshops were organized, out of which the first one was dedicated to the exchange of experience, finding the solution to the current problems in the accounting and auditing area, education, while the second one will be dedicated to education and exchange of experience between the senior officials of the Ministry of finance, as well ad to the preparation of ministerial conference that should take place by the end of October 2009. Ms. Ana Krsmanović, Independent Advisor I Ms. Aleksandra Popović, Independent Advisor II Bulletin of the Ministry of Finance of Montenegro / April - June 2009 Leasing Market in Montenegro Report for First Quarter of 2009 and Comparative Analysis of Leasing Market Trends in the Region Introduction In the first quarter of 2009, the leasing market in Montenegro registered decelerating trend of the business activity. In accordance with the data obtained from the leasing companies, they are indicating the decline in operating volume, primarily due to the general fall of economic activity. Apart from the data on Montenegrin market, the document is providing data overview on leasing markets in neighboring countries, with the reference to the leasing market legislative. Market Participants At the end of the first quarter of 2009, as it was in the previous one, there are six leasing services providers out of which four leasing companies with the legal entity status and two banks, which within their area of operation have special departments dealing with the leasing operations, such as: Hypo Alpe Adria Leasing, S-Lesing, Porsche Leasing, NLB Leasing and Opportunity Bank and Prva banka Crne Gore established in 1901 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 Financial and operational leasing services are provided by the following leasing companies: Hypo Alpe Adria leasing, Sleasing, NLB leasing and Porsche leasing, while other leasing providers deal with financial leasing. Three leasing companies are dealing with the real estate leasing - Hypo Alpe Adria Leasing, NLB leasing and Opportunity Bank, while the remaining three leas ing companies are dealing with the provision of leasing services of the immovable property. All leasing companied are directly or indirectly in foreign ownership, with the exception of the Prva banka Crne Gore which is in dominant domestic ownership. Investment Structure Leasing recipients In the first quarter of 2009, the total number of concluded leasing contracts amounted to 275, which is by 60.77% less than realized in the same period last year. Table 1: The number of concluded contracts by leasing recipients Leasing Recipients Legal entities Physical entities Entrepreneurs Total I Quarter 2008 Number of % Contracts 75.18 527 24.68 173 0.14 1 701 I Quarter 2009 Number of % Contracts 50.91 140 47.27 130 1.82 5 100.00 275 Ratio % -73.43 -24.86 400.00 -60.77 Out of the total number of concluded contracts, total of 140 or 50.91%, relates to the contracts concluded with legal entities, while 130 or 47% relates to the contracts concluded with physical entities. If we compare available data on the share of the contracts concluded with physical entities against the total number of contracts, it is obvious that this share is higher than the same period last year. This fact is indication that the leasing companies in Montenegro are earmarking their business strategies on physical entities aimed at risk diversification insuring optimum client’s structure. The Value and the Number of Concluded Contracts as to the Leasing Type As it was the case in previous years, in the first quarter of 2009, financial leasing operations had significant share in the total number of operations, as well as the value of concluded contracts. Table 2.: The value and the number of concluded contracts as to the type of leasing 31st March 2008 Number of Leasing type concluded contracts (1) Operational 70 leasing Financial 631 Leasing T O T A L: 701 Growth Growth Rate Rate (No.) (value) (3)/ (1) (4)/(2) 31st March 2009 % Value of concluded contracts (2) % Value of concluded contracts (3) % Value of concluded contracts (4) % % % 9.99 3,927,373.63 9.34 19 6.91 271,453.11 3.10 -72.86 -93.09 90.01 38,114,022.23 90.66 256 93.09 8,493,298.85 96.90 -59.43 -77.72 100 100 275 100 8,764,751.96 100 -79.15 42,041,395.86 -60.77 In the first quarter of 2009, the value of concluded contracts amounts to 8.764 million Euros, representing decline of around 79.15%, compared to the amount reached last year. Out of the total number of concluded contracts, over 93% or 8.493 million Euros, related to the financial leasing, and the rest to operational leasing. Leasing Subject If we take into consideration the structure of the total number of concluded contracts, based on the leasing subject, it is obvious that passengers’ cars have the biggest share of 89%, in the total amount of leasing investments. 76 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 Table 3: Comparative review of the value of concluded contracts based on the subject of leasing Leasing Subject Passengers cars Commercial vehicles (trucks, buses and delivery cars) Constructing machinery and equipment Ships Real-estate Other Total: Number of Daily Contracts 31st March 2008 (1) 466 Leasing Subject 66.48 31st March 2008 (1) 219 Leasing Subject 79.64 31st March 2008 (1) -53.00 137 19.54 30 10.91 -78.10 78 11.13 13 4.73 -83.33 1 19 701 0.14 2.71 100.00 1 12 275 0.36 4.36 100.00 0.00 -36.84 -60.77 The share of commercial vehicles in the total number of concluded contracts is of around 11%, while the share of constructing machinery and equipment is in the amount of 4.73%, and the real estate leasing amounts to 4.36%. Compared to the same period last year, the leasing market recorded the decline in share of commercial vehicles and constructing machinery and equipment, while the share of other categories is recording the increase in share in the total number of conclude contracts. Table 4: Comparative review of the value of concluded contracts based on the subject of leasing Leasing Subject Passengers cars Commercial vehicles (trucks, buses and delivery cars) Constructing machinery and equipment Ships Real-estate Other Total: Number of Daily Contracts 31st March 2008 (1) 9,365,194.08 22.28 31st March 2009 (2) 3,853,838.01 43.97 Growth rate (2)/(1) -58.85 7,335,957.97 17.45 803,341.59 9.17 -89.05 6,672,398.38 15.87 996,170.17 11.37 -85.07 18,750.60 18,649,094.83 42,041,395.86 0.04 44.36 100.00 70,000.00 3,041,402.19 8,764,751.96 0.80 34.70 100.00 273.32 -83.69 -79.15 % % The passengers cars has the biggest share in the total value of concluded contracts in the amount of approximately 44%, while the real estate leasing amounts to approximately 35%, the commercial vehicles amounts to approximately 10%, and the leasing of constructing machinery amounts to approximately 12%. The text below provides an overview of the leasing market trends in the first quarter of 2009, in the neighboring countries, along with the information on legislation regulating leasing market. CROATIA Twenty-nine companies are operating on the Croatian leasing market, which operation is regulated on the basis of the Leasing Law, adopted on 7th December 2006, and supervised by the Croatian Financial Services Supervisory Agency (HANFA). The Agency is supervising the operation of the leasing companies, follows up their establishment, operation and the cease in work of the leasing companies, prescribing accounting framework (Chart of accounts) for financial reporting and maintenance of the business books. Aforementioned means that a leasing company needs to provide an approval for the conduct of leasing operations, as well as to submit regular business reports to the Agency. The Agency is maintaining the Registry of Leasing subject (objects), where in accordance with the Law the registry of leasing companies is mandatory. The Registry, apart from basic data on provider and user of contract, contains and regulates in details the leasing subject, the value of the leasing subject, the amount of a certain fee and the contract duration. In the first quarter of 2009, is registered the decline of business activities compared to the same period last year, the number of newly concluded contracts in the first quarter this year is by 44,9%, less than the same period last year, while the 1 - Calculated on the basis of the exchange rate: 1 Euro - 7.329 Kunas as of 7th July 2009. 2 - Calculated on the basis of the exchange rate 1Euro - 92.922 Dinars as of 8th July 2009. 77 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 value of newly concluded contracts fell for 38.8%. As of 31st March 2009, the number of active contracts on the leasing market amounted to 174,657, which total value amounts to 6,495,896,772.27 Euros1, representing the growth of 6.2% or 14.8%, based on the value of contracts compared to the realization from 31st March 2008. The portfolio structure of newly concluded contracts according the leasing subjects, generated decline both in the number and the value of concluded contracts for all leasing subjects compared to the first quarter of 2008. The biggest decline is in the value of newly concluded contracts by 78,39 million Euros or 43,2% compared to the first quarter of 2008, and it relates to passengers cars, while the real estate is recording the decline in the value of newly concluded contracts by 61,26 million Euros or 65,2%. By analyzing operating financial results on the leasing market in the first quarter of 2009, there is a loss after taxation of 6.56 million Euros, out of which 11 companies realized profit in the amount of 5.28 million Euros, while 14 companies underwent a loss of 11.84million Euros. For comparison purposes, in the same period last year, the profit was realized in the amount of 2,072,883.97 Euros. Total value of assets of leasing market participants in the period from 1st January to 31st March amount to 4,845,539,687.59 Euros, while the amount in the same period last year was 4,329,450,068.5 Euros, indicating the increase of 11.92%. SERBIA Seventeen leasing companies are operating in Serbia, whereas the supervision is performed by the National Bank of Serbia, in accordance with the provisions of the Law on financial leasing, enacted on 1st January 2004. The National Bank is issuing licenses for the conduct of financial leasing operations, providing consents on appointing of managing body of leasing providers and undertakes corrective mea sures towards leasing providers, in cases when on the basis of supervision is determined an illegally or irregularly conduct of operations. The Law sets forth the content and the form of the Leasing Contract, as well as all requirements in relation to the Registry whose maintaining is delegated to the Commercial Registries Agency. Moreover, the National Bank may prescribe the obligation to the leasing companies to hold reserves on a special account, the amount of fund, the rate of distribution of those funds, a swell as the manner and conditions for their use. On the Serbian leasing market, as of 31st March 2009, total claims of all leasing companies amount to 1.038.501.105,73 Euros.2. Concluded contracts of leasing companies, concluded in the period from 1st January to 31st March 2009, resulted in new claims in the amount of 12.658.591 Euros, while in the same period last year total claims amounted to 44,448,834.91 Euros. Aforementioned is indicating the fall in the amount of newly created claims by 71,52% in the first quarter of 2009, compared to the first quarter of 2008. 78 As for the leasing subject structure, the highest share in total claims have vehicles, buses and mini-buses with the share of 39.6%, than machinery and equipment (production machinery, constructing machinery and agricultural machi nery and equipment) with the share of 26.2%, passenger cars with the share of 22.6%, railroad devices, ships and ai rcrafts with the share of 1.1%. With regard to the leasing recipient structure, the hig hest shares in total amount of claims have legal entities with 86.4%, physical entities with 6.3%, and entrepreneurs with 4.6% and farmers with 1.1%. In the first quarter of 2009, the leasing market realized positive net result in the amount of 9732.04 Euros. The to tal assets of all leasing providers as of 31st March 2009, amounted to 1.37 billion Euros, while in the same period last year this amount was 1.11 billion Euros, representing the in crease of 24.31%, compared to the same period last year. SLOVENIA The National Bank of Slovenia is monitoring the leasing operation and generates annual reports on the basis of data submitted by the leasing companies. Leasing operations in Slovenia are not regulated by the special law, but this area is regulated through the set of Banking Law and Law on con sumer credit. In accordance with the Bank’s Association Report, seve nteen companies are conducting the leasing operations. Si nce the leasing companies, within regular activities, are ent itles to approve consumer credit, in order to perform these operation they need to obtain the license from the Office for Consumer Credit. In accordance with the Analysis of the Bank’s Association of Slovenia, on the Slovenian leasing market in the first quarter of 2009, the total of 12,212 leasing contracts were concluded, as well as 13,316 contracts on consumer credit, the value of concluded contracts amounts to 367.53 million Euros, out of which the value of leasing operation amounts to 295.00 million Euros. Out from the total number of contracts, the financial leasing includes 10.000 contracts, which value amounts to 208.97 million Euros, while the operational leasing operation amounts to 2.212 of concluded contracts, worth 86.03 million Euros. BOSNIA AND HERZEGOVINA Leasing operations in Bosnia and Herzegovina are regul ated by the Leasing Law, enacted at the end of 2008. The Law prescribes requirements for establishment, operation and cease in work of the leasing companies, contract on leasing, rights and obligations of the entities in leasing operations, registration of ownership and other rights related to the leasing subject, risk management, financial reporting and surveillance over the operation of the leasing companies. Similar to the legal solutions of Croatia, Serbia and Macedonia, for carrying out leasing operations, the company must obtain the working license, in this case issued by the Banking Agency Bulletin of the Ministry of Finance of Montenegro / April - June 2009 of Bosnia and Herzegovina Federation. Unlike other countries neighboring countries, by this Law, Bosnia and Herzegovina are regulating the operational leasing. During 2008, seven leasing companies concluded cont racts worth 351,7 million Euros, which is by 10% less than in previous year, according to the Report of the Association of the leasing companies of Bosnia and Herzegovina. At the same time, the number of contracts amounted to 7.218, which is approximately by 11% less than in 2007. In the leasing structure, with regard to the value of contracts, the biggest number of contracts was concluded for cars and real estate in the amount of 39%, or more precisely 38,4%, for equipment in the amount of 22,3%, and on other arrangements 0,2%. With regard to the number of contracts the share of contracts on cars leasing is 81,9%, in the total number of contracts. Bojana Bošković MACEDONIA Eight leasing companies are operating in Macedonia, licensed by the Ministry of finance. In accordance with the Leasing Law, which last amendments were made in 2008, leasing operations of leasing companies are controlled by the Ministry of finance of Macedonia. Leasing companies are submitting reports on operations, financial reports enabling the Ministry of finance as regulatory authority to perform surveillance. Moreover, the Law defines conditions related to the contract on leasing and registration of the leasing subject in the Central registry. According to the data of the Ministry of finance of Macedonia, during 2008, new contracts were concluded in the total amount of 3.268, worth 65,409,381.31 Euros, while as of 31st December 2008, the number of active contracts amounted to 9.434, which total worth is 165,192,749.057€. *** The current burning issue for both small and large companies struggling for their market position, in the time of global economic crises, is what is the most adequate type of funding. According to many authors, the leasing is the best funding solution for small and medium-sized enterprises to finance their business in the time of crises, having in mind easier procedure; it is easier to purchase a fixed asset through the leasing, then to require bank loan. Moreover, the leasing is not overburdening the balance sheet of the company. In addition to this, as a special advantage of this type of funding, the purchase of car is allegedly one of the most frequent tax evasion, because in tax terms, the payment of the leasing installments represents the expense, or justified expenditure. Moreover, another advantage is that business organizations are not investing their own funds, the payment is adjusted to the needs and possibilities of users and companies are allowed to change or to swap the leasing subject quickly. In other words, both operational and financial leasing is enabling business organizations lower financial burden and more flexible management of funds, therefore Jelena Vojinović creating the possibility to invest it in further development. By presenting leasing market trends in the neighboring countries, where comparative data are available, the fall of the business activity is evident, which is generally a conse quence of declined commercial activity. The problem with which all leasing companies in the region are facing with is in difficult in aggravated collection of receivables, requests for reprogramming of liabilities or return of leasing subject. Data for the first quarter of 2009, both in Montenegro and in other countries in the region are indicating declining trend. However, having in mind that the first quarter was not affected by the crises and that they are featured by lower activities level, it is not unrealistic to expect the stabilization of the market trends by the end of the year. Ms. Bojana Bošković, Independent Advisor I Ms. Jelena Vojinović, Independent Advisor III 79 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 Medium - Term Expenditure Framework 2010-2012 The Medium-term expenditure framework comprises planning and budgeting process for the period of three to five years, and it is used as a basis for the preparation of the annual budget. The key component of the medium – term expenditure framework relates to the precise assessment of expenditures deriving from the medium – term strategic policies. The total available fiscal funds in the medium – term period are deter mined on the basis of macroeconomic projections. Therefore, the budget expenditures plan for a certain fiscal year must be leveraged with the macroeconomic framework. The Government of Montenegro opted for introducing the medium - term expenditure framework starting from 2009, due to the advantages of this model which can be seen from the following facts: • Harmonization of the budget planning with the intern ational standards, • Establishment of the macro fiscal discipline and stability, • Possibility to control and manage public expenditu res, • Determining and completing priorities of the Gover nment in the long run, • Avoiding the crises in the public finance and • Providing support to economic growth and stability. The medium – term expenditure framework is prepared on the basis of the principal «top - down » introducing financial limits (ceilings) for budgetary users i.e. spending units in the multi-annual period. The implementation implies the setting of limits in the cumulative amounts based on economic classification and budgetary users, while detailed expenses breakdown is given in precise amounts on the basis of annual budget laws. The key advantage of introducing the medium – term expenditure framework is in improved possibility of the Government to distribute funds within the programes and organizational unit in accordance with adopted policy and priorities. Budget consumption in the next period must account for decline in collection of budget revenues, as well as several additional factors: 1. Budget deficit must be within the limits of the Maas tricht criteria - 3% 2. Up to 2012, gradual budget balancing is planned, 3. Decreased possibility of indepbtedning, 4. Process of joining the EU requires the allocation of significant funds for this purpose, although Montenegro is relying on the use of pre-accession assistance funds (IPA), 80 Tamara Gačević Slobodanka Mila Popović 5. Initiation of the construction of the highway Bar-Bolja re requires the allocation of significant funds being a part of commitments, 6. Paying - off external and internal debt, 7. Social program for the protection of most affected citizens by the consequences of global economic crises. Having in mind aforementioned, it is necessary to conti nuously analyze the medium – term fiscal sustainability. De fining the medium – term objective of the budget policy will help in harmonizing concrete needs for budgetary funds. Economic and fiscal policy, in this period will be focused on mitigating the economic crises effects, both on real economic sector and the citizens sector. Hence, the objective of Mon tenegro, as a potential candidate country for joining EU, is to strengthen institutional and administrative capacities, to align its regulations with the European Unions regulations, focus on development of the civil society, and improve regional and crossborder cooperation. In the medium – term expenditure framework 2010-2012, following budgetary policies will be implemented: • Public Finance Sustainability Decrease in budget revenues, in the first quarter of 2009 is calling for corrections in the revenue plan by the end of this year, representing at the same time the basis for revenue planning in the following years. Decreased revenues, are driven by the expenditure level in the following period. Current budgetary consumption will continue to grow in accordance with projected inflation rate (3, 3% average annual inflation rate) and will gradually decline against GDP. The imperative is to provide regular payments of personal income, pensions, social contributions and the repayment of debt. • The continuation of the implementation of the medium – term expenditure framework The reform of budgeting and budget planning process, introduction of the financial limits (ceilings) for budgetary users in multiannual period was the assumption in creating and applying the medium – term expenditure framework. Budget appropriations for a multi-annual period will be based on strategic document of the Government and individual line ministries in accordance with the fiscal framework of the overall public consumption. In that manner “top - down” method will be introduced in the process of budget preparation and planning (unlike the current “bottom - up” method). The implementation implies the setting of limits in the medium – term period in cumulative amount by budgetary users, on the basis of economic classification and budgetary users, while the detailed breakdown of expenditures would be provided in annual budget laws. The key advantage of introducing the medium – term expenditure framework is the creation of stable and sustainable fiscal policy, extended capacity for regulating future budget effects / results and in improved possibility of the Government to perform the allocation of resources within the programmes and organizational units in accordance with the adopted policy and priorities. • The continuation of the implementation of the Capital Budget of Montenegro The continuation of the implementation of the capital budget of Montenegro at the level of 3, 5% GDP annually in the period from 2010-2012. The development of the data basis on all project is planned which will be linked with the budget. This would provide for adequate analysis of the fiscal risks and improve the processes of decision making in selecting the priorities. The adoption of the new law on concessions and private public partnership will represent a significant regulatory framework for managing one part of investments. • The continuation of the programme budgeting implementation The implementation of the programme budgeting in Montenegro implies the model of the budget programme representing the main activity (programme) or group of activities (subprograms) achieved by the spending units. Two level of application in implementation of the programme budgeting were introduced, which disclosed through the programmes and subprogram’s. The reform of the programme budgeting envisages the application of the logic programme classification for the overall budget, as well as the preparation of the IT system for budget monitoring and execution on the basis of the progamme structure. Gradual conversion from linear to the programme budgeting is in implementation process since 2005. Full implementation of the programme budgeting, including indicators and full application of the “top – down” method in the budget preparation and planning process is planned to be developed in medium - term. • Debt management strategy The projection of the internal debt trend in the period from 2010 to 2012, is based on the precondition that the debt on the basis of the restitution will reach the legal limit of around 10 % GDP (in 2009 it will reach mentioned level, which is unrealistic to expect, but the prerequisite is that these requirements will be fulfilled), while the payment of liabilities will amount to approximately 0, 5% GDP. The amount of payment of liabilities on the basis of due pensions will be 34, 0 mil. € annually and it will be fully paid off up to 2011. The planned indebtedness level in 2009 will amount to 103, 0 million € and it will be used for financing the projects of the Directorate of traffic for resolving the problem of bottle-necks. The assumption is that the indebtedness level of 81 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 local self-government units will remain the same. The payment of liabilities on the basis of foreign currency savings deposit will amount to approximately 14, 0 mil. € Annually. The redemption of old foreign currency savings bonds is not accounted for OB16 and OB17 and DO16 and DO7, or the redemption of restitution bonds. The budget for 2009 provides the redemption in total amount of approximately 20, 0 million €. The following Table provides consolidated budget balance and state owned funds balance for the period 2010-2012.godine: Description Source revenues Taxes Contributions Duties Fees Other revenues Receipts from the payment of loans Consolidated expenditures Current budget consumption Current expenditures Gross earnings and contributions charged to employer Other personal earnings Expenditures for material and services Current maintenance Interests Rents Subsidies Other expenses Capital expenditures of the current budget and state – owned funds Transfers for social protection Transfers to institutions, individuals and NGO’s Capital budget of Montenegro Loans and borrowings Reserves SURPLUS / DEFICIT FINANCING Domestic financing Borrowings and loans form domestic sources Payment of debts to residents Payment of principal Payment of guarantees Payment of liabilities from previous years Foreign financing Borrowings and loans from foreign sources Payment of debt to nonresidents Donations Privatization revenues or deposits Increase/Decrease in Deposits Projection 2010 Projection 2011 Projection 2012 mil € % GDP mil € % GDP mil € % GDP 1280,03 812,58 356,40 24,96 33,50 40,14 12,45 1343,28 1160,34 478,44 270,75 25,85 121,34 6,79 24,34 10,31 12,70 6,35 34,46 21,87 9,59 0,67 0,90 1,08 0,34 36,16 31,23 12,88 7,29 0,70 3,27 0,18 0,66 0,28 0,34 0,17 1353,03 860,21 376,22 26,21 35,18 42,15 13,07 1393,59 1205,96 495,19 280,22 26,75 125,59 7,03 25,20 10,67 13,15 6,57 34,52 21,95 9,60 0,67 0,90 1,08 0,33 35,56 30,77 12,63 7,15 0,68 3,20 0,18 0,64 0,27 0,34 0,17 1449,05 917,62 404,41 27,65 37,11 47,46 14,79 1449,05 1252,26 514,52 292,03 27,69 129,99 7,27 26,08 11,05 13,61 6,80 35,05 22,19 9,78 0,67 0,90 1,15 0,36 35,05 30,29 12,44 7,06 0,67 3,14 0,18 0,63 0,27 0,33 0,16 48,61 1,31 50,31 1,28 52,07 1,26 424,46 213,27 134,33 30,46 13,71 -63,25 63,25 -79,80 20,00 26,28 23,39 2,89 73,51 80,23 93,48 21,76 8,51 49,60 -13,21 11,43 5,74 3,62 0,82 0,37 -1,70 1,70 -2,15 0,54 0,71 0,63 0,08 1,98 2,16 2,52 0,59 0,23 1,34 -0,36 442,32 222,73 137,33 31,52 14,19 -40,56 40,56 -67,07 20,00 26,56 24,39 2,16 60,51 58,69 71,80 21,76 8,65 35,27 -13,67 11,29 5,68 3,50 0,80 0,36 -1,03 1,03 -1,71 0,51 0,68 0,62 0,06 1,54 1,50 1,83 0,56 0,22 0,90 -0,35 459,90 230,53 144,72 32,63 14,69 0,00 0,00 -71,83 8,50 26,84 24,39 2,45 53,48 37,82 51,06 21,75 8,51 34,01 0,00 11,12 5,58 3,50 0,79 0,36 0,00 0,00 -1,74 0,21 0,65 0,59 0,06 1,29 0,91 1,23 0,53 0,21 0,82 0,00 The Ministry of finance is estimating that the consolidated budget consumption (with state – owned funds) will gradually decrease from 36,16% GDP in 2010 to 35,56% GDP in 2011, while in 2012 it will decrease to 35,05% GDP. Moreover, it is planned that the budget consumption will gradually decrease from 31, 23% GDP in 2010 to 30, 29% GDP in 2012. The state budget and state – owned funds deficit in 2010 is planned in the amount of 63, 25 million €, or 1, 70% GDP. On the basis of the Medium-term expenditure framework it is planned to reach the balance of the budget and finds up to 2012. The framework for the development of the Economic policy in 2010 is driven by extraordinary conditions created by the economic and financial crises which occurred during 2009, and which will continue in 2010, affecting projected macroeconomic indicators. The basis for the development in 2010 is driven by the deepening of risks facing Montenegrin economy in the real, fiscal and financial sector. Because of newly created situation the reality of planned indicators for 2009 was revises, thus the growth of the GDP in 2009 will be 0%, representing the basis for reviewing the growth possibility in 2010. 82 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 Starting from the new estimates for 2009, basic macroeconomic indicators for the period 2010-2012 dictate the following growth rates: • Nominal growth rate of the GDP for 2010, from 5,0%, for 2011 6,5% and for 2012 7,5%, • Real growth rate of the GDP for 2010 from 2,0%, for 2011 from 3,0% and for 2012 for 4,0%, • Inflation rate for 2010 for 3, 0%, for 2011 from 3, 5 % and for 2012 for 3, 5%. Budget (Current + Funds) 41 Current expenditures 411 Gross salaries and contributions charged to employer 412 Other personal income 413 Expenditures for supplies and services 414 Current Maintenances 415 Interests 416 Rent 417 Subsidies 418 Other expenditures 42 Transfers for social protection 421 Rights in the social protection areas 422 Funds for severance pay 423 Rights in the area of pension and disability insurance 424 Other social protection rights 425 Other health insurance rights 43 Transfers to institutions, individuals, NGOs and public sector 431 Transfers to institutions, individuals, NGOs and public sector 44 Capital expenditures 441 Capital expenditures 45 Loans and borrowings 451 Loans and borrowings 47 Reserves 471 Current budget reserve 472 Permanent budget reserve 473 Other reserve - deposits Projection 2010 1.242.902.134,69 478.430.000,34 270.750.000,34 25.850.000,00 121.340.000,00 6.790.000,00 24.340.000,00 10.310.000,00 12.700.000,00 6.350.000,00 456.450.000,00 50.900.000,00 13.460.000,00 375.860.000,00 10.900.000,00 5.330.000,00 214.820.000,00 214.820.000,00 48.610.000,00 48.610.000,00 30.460.000,00 30.460.000,00 14.132.134,35 12.932.134,35 1.000.000,00 200.000,00 Projection 2011 1.284.846.950,35 495.175.050,35 280.226.250,35 26.754.750,00 125.586.900,00 7.027.650,00 25.191.900,00 10.670.850,00 13.144.500,00 6.572.250,00 471.305.750,00 52.681.500,00 13.931.100,00 387.895.100,00 11.281.500,00 5.516.550,00 222.338.700,00 222.338.700,00 50.311.350,00 50.311.350,00 31.526.100,00 31.526.100,00 14.190.000,00 12.990.000,00 1.000.000,00 200.000,00 Projection 2012 1.329.699.943,61 512.506.177,12 290.034.169,12 27.691.166,25 129.982.441,50 7.273.617,75 26.073.616,50 11.044.329,75 13.604.557,50 6.802.278,75 487.681.451,25 54.525.352,50 14.418.688,50 401.351.428,50 11.676.352,50 5.709.629,25 230.120.554,50 230.120.554,50 52.072.247,25 52.072.247,25 32.629.513,50 32.629.513,50 14.690.000,00 13.490.000,00 1.000.000,00 200.000,00 The following Table provides the overview of the state budget related to the current budget and state-owned funds budget for the period 2010 – 2012, on the basis of economic classification. The following Table provides the overview of current budget expenditures for the period 2010 – 2012, on the basis of economic classification. Current 41 42 Budget Current expenditures 411 Gross salaries and contributions charged to employer 412 Other personal income 413 Expenditures for supplies and services 414 Current Maintenances 415 Interests 416 Rent 417 Subsidies 418 Other expenditures Transfers for social protection 421 Rights in the social protection areas 422 Funds for severance pay 423 Rights in the area of pension and disability insurance 424 Other social protection rights 425 Other health insurance rights Projection 2010 641.225.582,88 459.961.823,00 261.170.053,34 24.388.167,11 115.623.302,50 6.381.670,99 23.429.075,84 10.230.027,37 12.700.000,00 6.039.525,84 53.616.104,51 50.900.000,00 2.697.304,07 18.800,44 0,00 0,00 Projection 2011 663.238.719,23 476.060.486,81 270.311.005,21 25.241.752,96 119.670.118,09 6.605.029,47 24.249.093,49 10.588.078,33 13.144.500,00 6.250.909,25 55.492.668,16 52.681.500,00 2.791.709,71 19.458,45 0,00 0,00 Projection 2012 686.462.424,40 492.722.603,84 279.771.890,39 26.125.214,31 123.858.572,23 6.836.205,50 25.097.811,76 10.958.661,07 13.604.557,50 6.469.691,07 57.434.911,55 54.525.352,50 2.889.419,55 20.139,50 0,00 0,00 83 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 43 44 45 47 Transfers to institutions, individuals, NGOs and public sector Transfers to institutions, individuals, NGOs and public 431 sector Capital expenditures 441 Capital expenditures Loans and borrowings 451 Loans and borrowings Reserves 471 Current budget reserve 472 Permanent budget reserve 473 Other reserve - deposits 58.082.644,38 60.115.536,93 62.219.580,72 58.082.644,38 60.115.536,93 62.219.580,72 46.219.055,48 46.219.055,48 9.413.821,16 9.413.821,16 13.932.134,35 12.932.134,35 1.000.000,00 0,00 47.836.722,42 47.836.722,42 9.743.304,90 9.743.304,90 13.990.000,00 12.990.000,00 1.000.000,00 0,00 49.511.007,71 49.511.007,71 10.084.320,58 10.084.320,58 14.490.000,00 13.490.000,00 1.000.000,00 0,00 The following Table provides the overview of the state-owned funds expenditures for the period 2010 – 2012, on the basis of economic classification. Budget of State-owned Funds Current expenditures Gross salaries and contributions charged to 411 employer 412 Other personal income 413 Expenditures for supplies and services 414 Current Maintenances 415 Interests 416 Rent 417 Subsidies 418 Other expenditures Transfers for social protection 421 Rights in the social protection areas 422 Funds for severance pay Rights in the area of pension and disability 423 insurance 424 Other social protection rights 425 Other health insurance rights Transfers to institutions, individuals, NGOs and public sector Transfers to institutions, individuals, NGOs and 431 public sector Capital expenditures 441 Capital expenditures Loans and borrowings 451 Loans and borrowings Reserves Projection 2010 601.676.551,81 18.468.177,34 Projection 2011 621.608.231,12 19.114.563,55 Projection 2012 643.237.519,21 19.783.573,27 9.579.947,00 9.915.245,14 10.262.278,72 1.461.832,89 5.716.697,50 408.329,01 910.924,16 79.972,63 0,00 310.474,16 402.833.895,49 0,00 10.762.695,93 1.512.997,04 5.916.781,91 422.620,53 942.806,51 82.771,67 0,00 321.340,75 415.813.081,84 0,00 11.139.390,29 1.565.951,94 6.123.869,27 437.412,25 975.804,74 85.668,68 0,00 332.587,68 430.246.539,70 0,00 11.529.268,95 375.841.199,56 387.875.641,55 401.331.289,00 10.900.000,00 5.330.000,00 11.281.500,00 5.516.550,00 11.676.352,50 5.709.629,25 156.737.355,62 162.223.163,07 167.900.973,78 156.737.355,62 162.223.163,07 167.900.973,78 2.390.944,52 2.390.944,52 21.046.178,83 21.046.178,83 200.000,00 2.474.627,58 2.474.627,58 21.782.795,09 21.782.795,09 200.000,00 2.561.239,54 2.561.239,54 22.545.192,92 22.545.192,92 200.000,00 1. STATE BUDGET – Current Budget and Budget of State-owned Funds The State Budget in this period is manifesting the external tendency growth, thus the growth rate in 2011 compared to 2010 amounts to 3,4%, for 2012 compared to 2011, amounts to 3,5%, while the budget in 2010, amounts to 1.242,9 million € and is less that the planned budget in 2009, for 33,9 million €. The structure of funds of the State budget for the period 2010-2012, and allocations for the current budget and state – owned funds budget are given in the following table and chart review: 84 BUDGET Projection 2010 Projection 2011 Projection 2012 TOTAL ( I+II) I Current Budget II Funds 1.242.902.134,69 641.225.582,88 601.676.551,81 1.284.846.950,35 663.238.719,23 621.608.231,12 1.329.699.943,61 686.462.424,40 643.237.519,21 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 2. Budget of Montenegro for 2010 The Budget of Montenegro for 2010, amounts 1.242,9 million € and it represents 97, 3% of estimated budget for 2009. Current budget, within the Budget of Montenegro participates with 51, 59% and amounts 641, 2 million € and it is less than projected current budget for 2009, for 45, 8 million €. The structure of funds of the current budget for 2010, on the basis of the type of expenses is given in the following table and chart overview. Budget I Current Budget 4 Expenses 41 Current expenses (earnings, material and services, current maintenance, subsidies, etc.) 42 Transfers for social protection 43 Transfers to institutions, individuals, NGO’s and public sector 44 Capital expenditures 45 Loans and borrowings 46 Payment of debt 47 Reserves Projection 2010 641.225.582,88 641.225.582,88 459.961.823,00 53.616.104,51 58.082.644,38 46.219.055,48 9.413.821,16 0,00 13.932.134,35 The biggest appropriation from the current budget is 71,7 % and it refers to the current expenditures. Current expenditures comprise gross earnings and contributions charged to employer, other personal earnings, expenditures for supplies and services, current maintenances, interests, rent subsidies and other expenditures. The biggest part of these funds of 62,0% relates to the gross earnings and other personal earnings in the amount of 285,5 million €. Transfers for social protection participate with 8,4% in the current budget in the amount of 53,6 million €, and they relate to the transfers for social protection and severance pay. The biggest amount of these funds of 95% relates to the transfers for social protection in the amount of 50,9 million €, and 5 % relate to the severance pay. Transfers to institutions, individuals, NGO’s and public sector participate with 9,1% in the current budget and they amount to 58,1 million €. Capital expenditures participate with 7,2 % in the current budget and they amount to 46,2 million €. Residual funds relate to reserves which in the current budget participate with 2,2% and borrowings and loans with 1,5%. Funds budget participate with 48,41 % and amount 601,7 million €. Funds budget for 2010 is higher for 11,9 million € than projected budget of the funds for 2009. 3. Budget of Montenegro for 2011 The budget of Montenegro for 2011, amounts 1.284,8 million € and it is higher than projected budget for 2010 for 41,9 million €. Current budget, within the budget of Montenegro participates with the highest percentage of 51,62% and amounts to 663,2 million €, and it is higher than projected current budget for 2010, for 3,4%. The structure of the current budget funds for 2011, on the basis of the type of expenditures is given in the following table and chart overview: BUDGET Projection 2011 I 4 663.238.719,23 663.238.719,23 476.060.486,81 55.492.668,16 60.115.536,93 47.836.722,42 9.743.304,90 0,00 13.990.000,00 Current budget Expenditures 41 Current expenses (earnings, material and services, current maintenance, subsidies, etc..) 42 Transfers for social protection 43 Transfers to institutions, individuals, NGO’s and public sector 44 Capital expenditures 45 Loans and borrowings 46 Payment of debt 47 Reserves 85 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 The Budget of Funds participates with 48,38% and it amounts to 621,6 million €. The budget of funds for 2011, is higher for 3,3% than projected budget of funds for 2010. 4. Budget of Montenegro for 2012 The Budget of Montenegro for 2012, amounts to 1.329,7 million € and it is higher than planned budget for 2011, for 3,5%. Current budget, within the budget of Montenegro participates with the highest percentage of 51,63% and amounts to 686,5 million € and it is higher than projected current budget for 2011, for 3,5%. The structure of funds of the current budget for 2012, on the basis of the types of expenditures is given in the following table and chart overview. BUDGET Projection 2012 I 4 686.462.424,40 686.462.424,40 492.722.603,84 57.434.911,55 62.219.580,72 49.511.007,71 10.084.320,58 0,00 14.490.000,00 Current budget Expenditures 41 Current expenses (earnings, material and services, current maintenance, subsidies, etc..) 42 Transfers for social protection 43 Transfers to institutions, individuals, NGO’s and public sector 44 Capital expenditures 45 Loans and borrowings 46 Payment of debt 47 Reserves The Budget of Funds participates with 48,7% in the total state budget and it amounts to 643,2 million €. The Budget of Funds for 2012, is higher for 3,5%, than projected one for 2011. The current budget for 2010, amounts to 641,2 million € and biggest appropriation of 92,3% relate to the financing of executive authorities, judicial authorities 4,0%, and remaining 3,7% relates to the financing of expenditures for activities of the President, legislative authorities and special bodies. The structure of the current budget funds for 2010 is given in the following table and chart overview. No. TITLE Projection 2010 1 2 3 4 5 PRESIDENT LEGISLATIVE AUTHORITIES JUDICIARY AUTHORITIES EXECUTIVE AUTHORITIES SPECIAL AUTHORITIES Current budget (1 to 5): 704.727,89 9.460.457,05 25.776.026,13 591.800.525,31 13.483.846,51 641.225.582,88 The current budget for 2011, amounts to 663,2 million € and biggest appropriation of 92,3% relate to the financing of executive authorities, judicial authorities 4,0%, and remaining 3,7% relates to the financing of expenditures for activities of the President, legislative authorities and special bodies. The structure of the current budget funds for 2011 is given in the following table and chart overview. No. TITLE Projection 2011 1 2 3 4 5 PRESIDENT LEGISLATIVE AUTHORITIES JUDICIARY AUTHORITIES EXECUTIVE AUTHORITIES SPECIAL AUTHORITIES Current budget (1 to 5): 729.393,36 9.791.573,04 26.678.187,05 612.083.784,64 13.955.781,13 663.238.719,23 The current budget for 2012, amounts to 686,5 million € and biggest appropriation of 92,3% relate to the financing of executive authorities, judicial authorities 4,0%, and remaining 3,7% relates to the financing of expenditures for activities of the President, legislative authorities and special bodies. The structure of the current budget funds for 2012 is given in the following table and chart overview. 86 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 No. TITLE Projection 2012 1 2 3 4 5 PRESIDENT LEGISLATIVE AUTHORITIES JUDICIARY AUTHORITIES EXECUTIVE AUTHORITIES SPECIAL AUTHORITIES Current budget (1 to 5): 754.922,13 10.134.278,10 27.611.923,59 633.517.067,10 14.444.233,47 686.462.424,40 Funds budget for 2010, amounts to 601,7 million € and highest appropriation of 63,6% relate to the financing of expenditures of the Pension and Disability Insurance Fun, than the Health Insurance Fund 26,5%, Employment Fund 5,9%, Development Fund 43,9% and Compensation Fund 0,1%. The structure of the funds budget for 2010, is given in the following table and chart overview. No. TITLE Projection 2010 1 2 3 4 5 Pension and Disability Insurance Fund Health Insurance Fund Employment Fund Development Fund Compensation Fund FUNDS (1 to 5): 382.807.062,72 159.356.654,03 35.435.759,56 23.710.794,17 366.281,33 601.676.551,81 Funds budget for 2011, amounts to 621,6 million € and highest appropriation of 63,6% relate to the financing of expenditures of the Pension and Disability Insurance Fun, than the Health Insurance Fund 26,5%, Employment Fund 5,9%, Development Fund 3,9% and Compensation Fund 0,1%. The structure of the funds budget for 2011, is given in the following table and chart overview. No. TITLE Projection 2011 1 2 3 4 5 Pension and Disability Insurance Fund Health Insurance Fund Employment Fund Development Fund Compensation Fund FUNDS (1 to 5): 395.078.309,91 164.934.136,92 36.676.011,14 24.540.671,97 379.101,18 621.608.231,12 Funds budget for 2012, amounts to 643,2 million € and highest appropriation of 63,6% relate to the financing of expenditures of the Pension and Disability Insurance Fun, than the Health Insurance Fund 26,5%, Employment Fund 5,9%, Development Fund 3,9% and Compensation Fund 0,1%. The structure of the funds budget for 2012, is given in the following table and chart overview. No. TITLE Projection 2012 1 2 3 4 5 Pension and Disability Insurance Fund Health Insurance Fund Employment Fund Development Fund Compensation Fund FUNDS (1 to 5): 408.779.050,76 170.706.831,71 37.959.671,53 25.399.595,49 392.369,72 643.237.519,21 Ms. Tamara Gačević, Independent Advisor I Ms. Slobodanka – Mila Popović, External Advisor 87 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 How to Exit Crises - Possible Scenarios and Repercussions to Montenegrin Economy “The economy depends about as much on economists as the weather does on weather forecasters.” - Jean-Paul Kauffmann What is common between the following symbols and letters: V, U, ,W, L, ? ............ All these symbols represent the answer, or the selection of economists, on which of these symbols is the best in illustrating the world economic crises and trend forecasts in the following period. Left sides of each of the symbol represents the period from the start of the crises to present, thus its trend its 88 similar in all scenarios, while the arguments are over how the right half is going to look like. Right half represents the forecast of the possible future recovery. Whether it will be a sudden surge (letter V), or gradual recovery (letter U ), or moderate recovery with long term stagnation (the square cube), long period of instability (W), catastrophic scenario ( L) or less catastrophic symbol of fishhook ( ) the opinion of Moody’s. Someone will instantly reply: what is this nonsense on symbols of the crises and who cares”. Is this really “the glass bead game” or is it senseless. According to Stephany Flanders, Economic editor of BBC, the answer to this question is worth billions of dollars. The right answer to this question is the question of investments measured Bulletin of the Ministry of Finance of Montenegro / April - June 2009 in hundreds billion dollars, thousands new job posts or dismissing hundreds thousands employees. The good illustration is the anecdote from nineties – to the question addressed to the representative of Jugometal in London, on prognoses of the aluminum price trends on the stock exchange, the obtained answer was: one who knows the answer can be considered millionaire. The most recent Report of OECD is stating that we are slowly, but certainly reaching the point representing reversal, but that the recovery will be weak and long. The history of the crises is teaching us that the exit from it is slow and long, if generated by the problems in financial sector. The OECD – represented by 30 most developed countries of the world – is forecasting the decline in GDP by 4,1% in 2009, while in 2010, they are forecasting recovery of 0,7%, which is more favorable than the earlier growth prognoses of only 0,1%. The fall of the world economy will amount to 16%, while the most unfavorable forecast is for the growth unemployment rate indicator of 10%. Everyone agrees that financial sector will eventually recover, while the recovery of the real sector will delay. The most sensitive forecast is that the recovery in labor market will be the most difficult. In the IMF Report “Regional Economic Prospects - Europe” forecasts the decline of 4,2 % for 2009, and 0,1 % for 2010. While projected fall of GDP for Montenegro is 2,7 % for 2009, and 2 % for 2010. These days, printing medias are often using the term “green shoots”. Everyone is eager to see clear signals beginnings of economic growth after recession, huge investors, governments, as well as the army of unemployed persons being the victims of this economic tsunami. However, according to Christina Romer (Chair of the Council of Economic Advisers to the President Obama) in her article published in prominent magazine “Economist” London, is writing that the error from 1937, when after incredibly rapid recovery from the Great Depression, economic activities fell causing drastic fall of unemployment, because monetary authorities introduced restrictive monetary and fiscal policy reckoning that the worst consequences passed. What is the answer to the selection of symbols as well as all aforementioned facts in our economy? It is clear that the recovery trend of the world economy is directly affecting Montenegro. The recovery means the strengthening of aluminum and steel process, as well as getting out from the current troubles brought by the crises to these industries, improvements in purchasing power bringing higher revenues in tourism, easier access to more cheaper financing sources with regard to huge infrastructural projects financed by the state, increase in available income and in personal consumption, etc. At the same time, the absence of recovery, clearly implies many years of stagnation or even recession. What are the repercussions of this problem to the budget of Montenegro? The selection of pessimistic recovery scenario may cause the undervaluation of budget revenues and subsequently the postponing of unplanned budgeting of funds. It is certain that increased revenues may be budgeted by rebalance, but it means the delay in possible capital investments or unnecessary delays in realization of development projects. The selection of excessively optimistic scenario means potential undervaluation of budget revenues and painful consumption adjustments (rebalance). Anyway, budgetary consumption in the following period must account for decrease in inflow of funds to the budget, as well as several additional factors: • Budget deficit must be within the limits of Maastricht criteria, up to -3% GDP, with gradual budget balancing in midterm; • Decreased indebtedness possibility on international money market; • The process of joining the EU, requires allocation of significant funds for these purposes with the use of preaccession support funds (IPA); • Initiation of the construction of the highway BarBoljare will provide additional impulse to economy, requiring the allocation of significant funds being a part of commitments, • Regular repayment of external and internal debt, in order to retain the confidence of creditors and international financial institutions, • Social program for the protection of most affected citizens by the consequences of global economic crises. We will know soon the answer to the recovery question. What is necessary, regardless solution to the troubles in the economy, as it was suggested by the representatives of international institutions in Montenegro, is the opting for internal growth generators. This is both the priority and the big challenge for our country. At the same time, it is necessary to reach the balance between the State as the “most reliable” employer and significant “player” in times of crises, and the State as the regulator and guarantor of market mechanisms and free inflow of people, capital, goods and services. In these times, this is the biggest challenge even for most developed market economies, being greater for small and open post - transitional economy like Montenegrin one. Mr. Vladislav Karadžić, Independent Advisor I Mr. Radovan Živković, Independent Advisor I 89 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 Realization of Public Expenditure on Local Self - government Level January - March 2009 Gordana Radović Slobodanka Burić I - Realized revenues The total amount of realized revenues of the municipalities budget (21) for the period from January – March 2009, amounted 73,4 mil. € (average monthly amount was 24,5 mil. €), which compared to the same period last year (116,0 mil. €) declined by 36,7%. In the structure of realized revenues, the share of local revenues (taxes, duties, fees and other local revenues) is 38,11%, the share of assigned state revenues (personal income tax, tax from sales of property, concession and other fees for the use of natural resources and the annual fee for the registration of passengers cars) is 7,07%, the share of the Equalization fund funds is 4,77% and the share of other revenues (revenues from sales of property, transferred funds from the previous year, donations, subsidies of budgetary users and other transfers from the central level, borrowings and loans) is 50,05%. In the following Table is given the overview of realized revenues of the municipality’s budget for the period from January – March 2009, on the basis of the revenue sources: in € 90 No. Municipalities Local revenues Assigned revenues 1 1. 2. 3. 4. 5. 6. 7. 2 Andrijevica Bar Berane Bijelo Polje Budva Danilovgrad Žabljak 3 66.828 1.793.795 345.317 493.507 7.434.168 245.222 71.280 4 5.933 482.576 85.999 116.990 768.373 79.075 30.157 Equalization fund Other revenues Total (3 to 6) % 5 117.332 6 86.246 2.807.209 472.584 1.439.550 291.755 1.524.930 324.411 7 276.339 5.083.580 1.434.968 2.583.704 8.494.296 2.032.481 488.565 8 0,38 6,92 1,95 3,52 11,57 2,77 0,67 531.068 533.657 183.254 62.717 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 8. Kolašin 9. Kotor 10. Mojkovac 11. Nikšić 12. Plav 13. Plužine 14. Pljevlja 15. Podgorica 16. Rožaje 17. Tivat 18. Ulcinj 19. Herceg Novi 20. Cetinje 21. Šavnik TOTAL: % 722.199 1.263.171 138.564 1.317.608 130.568 622.129 1.767.557 7.685.086 202.483 706.968 332.159 2.191.077 443.461 15.528 27.988.675 38,11 30.934 342.540 27.377 290.988 21.774 39.613 158.529 1.732.688 111.410 208.837 122.088 399.707 129.357 3.684 5.188.629 7,07 124.090 190.628 600.680 238.489 51.429 118.872 266.078 145.305 170.845 170.091 3.504.535 4,77 239.834 5.607.809 157.228 444.699 67.169 2.239.284 519.272 18.381.172 3.996 1.169.187 350.650 16.200 425.631 187.319 36.756.135 50,05 1.117.057 7.213.520 513.797 2.653.975 458.000 2.952.455 2.564.230 27.798.946 583.967 2.084.992 950.202 2.606.984 1.169.294 376.622 73.437.974 100,00 1,52 9,82 0,70 3,61 0,62 4,02 3,49 37,86 0,80 2,84 1,29 3,55 1,59 0,51 100,00 1. Local revenues of the municipality’s budget The local revenues of the budget of municipalities for the period January March 2009, amounted 27,99 million €, out of which the share of local fiscal revenues is 84, 91% (taxes, fees and duties) and the share of other local revenues is 15,9% (monetary fines and interest, concession fees for the use of public goods, revenues obtained from the activity of municipality bodies and services) and other revenues 15,9%. The amount of the realized local fiscal revenues of municipalities in this reporting period is 23,8 million € (average monthly revenue was 7,9 mil. €). In the revenue structure, the highest share relates to the fee for urban zoning (52,65 %), the share of the fee for the use of construction terrain (7,85 %), representing 71,27% of local fiscal revenues. For this reporting period, municipalities have realized 4,2 million € (average monthly revenue was 1,4 million €) of other local revenues. In the following Table is given the overview of realized revenues of the municipality’s budget in the period from January – March 2009, on the basis of the revenue sources: in € No. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Total % Municipality 1 Andrijevica Bar Berane Bijelo Polje Budva Danilovgrad Žabljak Kolašin Kotor Mojkovac Nikšić Plav Plužine Pljevlja Podgorica Rožaje Tivat Ulcinj Herceg Novi Cetinje Šavnik Fiscal revenues 2 64.443 1.427.453 315.506 389.364 6.485.680 212.218 64.794 689.129 943.069 116.883 1.210.308 92.845 609.550 1.710.309 6.946.164 181.030 662.007 327.681 1.169.334 135.728 10.461 23.763.956 84,91 Other local revenues 3 2.385 366.342 29.811 104.143 948.488 33.004 6.486 33.070 320.102 21.681 107.300 37.723 12.579 57.248 738.922 21.453 44.961 4.478 1.021.743 307.733 5.067 4.224.719 15,09 Total (2+3) 4 66.828 1.793.795 345.317 493.507 7.434.168 245.222 71.280 722.199 1.263.171 138.564 1.317.608 130.568 622.129 1.767.557 7.685.086 202.483 706.968 332.159 2.191.077 443.461 15.528 27.988.675 100,00 % 5 0,24 6,41 1,23 1,76 26,56 0,88 0,25 2,58 4,51 0,50 4,71 0,47 2,22 6,31 27,46 0,72 2,53 1,19 7,83 1,58 0,06 100,00 91 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 2. Assigned revenues of the municipality budget Budgets of municipalities (21) for the period from January - March 2009, on the basis of assigned revenues were assigned 5,2 million € (average monthly 1,7 million €), which compared to the same period last year (8,8 million €), represents decrease of 40,91%. In the assigned revenues structure, personal income tax participates with 4.,96%, real estate tax participates with 40,12 %, concessions and other fees for the use of natural resources participate with 9,33% and annual fee for the registration of passenger cars, tractors and units participates with 6,59%. In the following Table is given the overview of assigned revenues to municipality’s budgets from the central level, for the period from January – March 2009, on the basis of the revenue sources: in € No Municipality 1 2 1 Andrijevica 2 Bar 3 Berane 4 Bijelo Polje 5 Budva 6 Danilovgrad 7 Žabljak 8 Kolašin 9 Kotor 10 Mojkovac 11 Nikšić 12 Plav 13 Plužine 14 Pljevlja 15 Podgorica 16 Rožaje 17 Tivat 18 Ulcinj 19 Herceg Novi 20 Cetinje 21 Šavnik Total % Personal income tax of physical persons 3 4.561 118.827 47.133 64.797 133.252 32.896 9.359 19.958 129.530 11.758 181.280 12.825 7.099 66.829 1.101.173 21.050 52.314 22.974 135.418 104.987 3.115 2.281.135 43,96 Real estate sales tax 4 90 317.774 17.617 9.100 615.166 31.575 13.264 8.252 181.845 901 24.456 1.206 337 20.677 348.001 5.055 139.562 90.499 243.206 12.910 229 2.081.722 40,12 Concession fees for the use of natural resources 5 109 16.322 5.831 16.533 19.955 7.059 6.292 2.524 9.984 4.258 56.995 7.743 31.960 54.268 180.078 51.345 8.745 298 3.666 483.965 9,33 Annual fees for registration of passengers cars 6 1.173 29.653 15.418 26.560 7.545 1.242 200 21.181 10.460 28.257 217 16.755 103.436 33.960 8.216 8.317 17.417 11.460 340 341.807 6,59 Total (3 do &) 7 5.933 482.576 85.999 116.990 768.373 79.075 30.157 30.934 342.540 27.377 290.988 21.774 39.613 158.529 1.732.688 111.410 208.837 122.088 399.707 129.357 3.684 5.188.629 100,00 % 8 0,11 9,30 1,66 2,26 14,81 1,52 0,58 0,60 6,60 0,53 5,61 0,42 0,76 3,06 33,39 2,15 4,03 2,35 7,70 2,49 0,07 100,00 3. Equalization fund In the period form January – March 2009, out from the funds from the Equalization fund, municipalities were allocated with 3,5 million € (average monthly allocation of 1,2 mil. €). The highest shares in allocated funds have the following municipalities: Berane, Bijelo Polje, Nikšić, Mojkovac, Danilovgrad and Rozaje. 4. Other revenues On the basis of other revenues (revenues from sales of real estate, transferred funds from previous years, donations, subsidies and other transfers, borrowings and loans) for the period from January – March 2009, municipalities have realized the total of 36,8 million €. In the share of other revenues, the percentage of the transferred funds from the previous year is 89,39%, the percentage of the borrowings and loans is 5,57%, the percentage of the donations is 2,07%, the percentage of the revenues from sales of real estate is 1,59 %, the percentage of the subsidies and other transfers is 1,38 %. In the following Table is given the overview of realized other revenues of municipalities in the period from January – March 2009, on the basis of the revenue sources: 92 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 in € No. Municipality 1 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Total % 2 Andrijevica Bar Berane Bijelo Polje Budva Danilovgrad Žabljak Kolašin Kotor Mojkovac Nikšić Plav Plužine Pljevlja Podgorica Rožaje Tivat Ulcinj Herceg Novi Cetinje Šavnik Revenues from sales of property 3 Donations 4 10.000 711 550.000 119.889 20.515 138.696 5.078 11.216 5.593 35.457 25.000 175.000 198.805 3.996 24.700 16.200 3.085 524 584.465 1,59 Transferred Borrowings funds from previous years 5 6 76.246 2.807.209 170.000 55.851 858.509 31.041 50.000 121.866 1.504.415 185.715 225.000 9.756 5.343.502 126.635 70.000 164.242 60.607 2.239.284 284.000 235.272 18.182.367 390.000 2.000 762.000 2,07 2.047.509 5,57 Subsidies Total % 7 8 86.246 2.807.209 472.584 1.439.550 291.755 1.524.930 324.411 239.834 5.607.809 157.228 444.699 67.169 2.239.284 519.272 18.381.172 3.996 1.169.187 350.650 16.200 425.631 187.319 36.756.135 100,00 9 0,24 7,64 1,29 3,92 0,79 4,15 0,88 0,65 15,26 0,43 1,21 0,18 6,09 1,41 50,01 0,01 3,18 0,95 0,04 1,16 0,51 100,00 246.022 253.091 6.562 1.144.487 350.403 247 32.546 184.795 32.856.239 89,39 505.922 1,38 II - Revenue Execution Total expenditures of the local self government for the period January – March 2009, have been planned in the amount of 111,08 million €, while total execution of municipal budgets amounted is 52,49 million €, which is 47,26% compared to the planned one for the period from January – March 2009. The highest budget execution is in the municipality Savnik – 77,99%, Kolasin – 76,17%, Tivat – 75,63%, Podgorica – 72,47% compared to the plan. The lowest execution degree compared to the plan for the period January – March 2009 is in the municipality Pluzine – 56.66 %. Municipality Andrijevica Bar Berane Bijelo Polje Budva Danilovgrad Herceg Novi Kolašin Kotor Mojkovac Nikšić Plav Plužine Municipal expenditures January – March 2009 Plan - January – March 2009 Execution - January – March 2009 %Execution 377,059.00 10,705,855.20 2,303,500.00 3,765,000.00 26,947,000.00 1,455,195.00 5,199,600.00 1,463,766.00 6,500,155.81 1,039,846.29 9,604,853.93 740,976.75 1,012,800.00 134,525.79 4,938,829.19 1,424,140.34 2,498,792.28 8,222,989.80 890,692.81 2,276,460.09 1,114,896.24 2,677,560.36 323,891.41 2,634,472.79 417,911.51 228,744.92 35.68 46.13 61.83 66.37 30.52 61.21 43.78 76.17 41.19 31.15 27.43 56.40 22.59 93 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 Pljevlja Podgorica Rožaje Tivat Ulcinj Cetinje Šavnik Žabljak TOTAL 5,575,000.00 24,298,941.60 1,378,749.50 1,976,075.00 3,892,992.00 1,910,000.00 197,764.64 736,360.00 111,081,490.72 2,527,740.02 17,610,304.04 488,537.59 1,494,461.85 887,349.81 1,078,470.00 154,242.69 470,484.71 52,495,498.24 45.34 72.47 35.43 75.63 22.79 56.46 77.99 63.89 47.26 Consolidated expenditures of municipalities for the period January – March 2009, amounted 42,08 million €, which is 1.19% of estimated GDP for 2009. In the expenditure structure, the highest share have the capital expenditures – 20.77 million € or 39.56% of the total amount of expenditures, and current expenditures (gross income, other earnings, expenditures for material and services, interests, rent, subsidies and current maintenance) 13.90 million € or 26.48% of total expenditures for the period January – March 2008. Transfers (transfers for social protection, transfers to institutions, individuals, NGO’s and public sector) amounted 6.00 million € or 11.43% of total expenditures, payment of debts 10.43 million € or 19.82% of total expenditures, while other expenditures amounted 1.42 million € or 2.70% of total expenditures. The following Table indicates the overview of consolidated and total expenditures for the period January – March 2009, (in million €) by municipalities and types of expenditures: Municipality Andrijevica Bar Berane Bijelo Polje Budva Danilovgrad Herceg Novi Kolašin Kotor Mojkovac Nikšić Plav Plužine Pljevlja Podgorica Rožaje Tivat Ulcinj Cetinje Šavnik Žabljak TOTAL % share Consolidated expenditures – January – March 2009 Current expenditures 0.07 0.77 0.63 0.31 0.65 0.49 1.13 0.42 1.28 0.19 1.04 0.11 0.11 1.33 3.67 0.24 0.56 0.41 0.20 0.11 0.19 13.90 26.48 Capital expenditures 0.01 3.34 0.30 1.06 0.94 0.06 0.25 0.29 0.81 0.04 0.09 0.04 0.04 0.90 11.57 0.05 0.69 0.05 0.10 0.01 0.14 20.77 39.56 Transfers 0.04 0.76 0.19 0.40 0.24 0.32 0.25 0.10 0.43 0.04 0.48 0.08 0.06 0.15 1.81 0.14 0.24 0.08 0.11 0.03 0.03 6.00 11.43 Other expenditures 0.00 0.07 0.07 0.06 0.06 0.00 0.08 0.00 0.05 0.02 0.15 0.00 0.00 0.04 0.54 0.01 0.01 0.00 0.10 0.06 0.12 1.42 2.70 Consoldated. % GDP expenditures Debt payment Total expenditures 0.12 4.93 1.19 1.82 1.89 0.87 1.71 0.81 2.56 0.29 1.77 0.23 0.21 2.43 17.58 0.44 1.49 0.54 0.51 0.21 0.48 42.08 80.18 0.01 0.00 0.23 0.68 6.34 0.02 0.27 0.30 0.11 0.03 0.86 0.19 0.02 0.10 0.15 0.05 0.00 0.35 0.57 0.01 0.11 10.41 19.82 0.13 4.93 1.42 2.50 8.22 0.89 1.98 1.11 2.68 0.32 2.63 0.42 0.23 2.53 17.73 0.49 1.49 0.89 1.08 0.21 0.59 52.49 100.00 0.00 0.14 0.03 0.05 0.05 0.02 0.05 0.02 0.07 0.01 0.05 0.01 0.01 0.07 0.50 0.01 0.04 0.02 0.01 0.01 0.01 1.19 III - BUDGET INDEBTEDNESS Total budget indebtedness of the local self government for the period January – March 2009, amounted 25,68 million €, which is 0,73% of estimated GDP for 2009. In the indebtedness structure, domestic debt is 17.62 million €, which is 68.65% of total indebtedness, and foreign debt 8.05 million €, which is 31.35% of total indebtedness. In total indebtedness structure for the period January – March 2009, loans of domestic financial institutions amount 6.90 million €, out of which long term loan amounts 6.51 million € or 25.36% of total credit indebtedness for aforementioned period. 94 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 Foreign loan share is 31.35% out of the total budget indebtedness, out of which long term loans amount to 31.35% of the total budget indebtedness for the period January - March 2008. No. Type of Indebtedness TOTAL % share %GDP-a I Domestic debt 17,629,906.72 68.65 0.50 1 a b 2 3 II 1 a b I+II Loans Short term Principal Interest Long term Principal Interest Bonds Guarantees Foreign debt Loans Short term Principal Interest Long term Principal Interest Total indebtedness 6,901,159.28 387,426.33 382,800.98 4,625.35 6,513,732.95 5,899,984.76 613,748.19 6,384,754.00 4,343,993.44 8,050,183.62 8,050,183.62 0.00 0.00 0.00 8,050,183.62 7,160,980.04 889,203.58 25,680,090.34 26.87 1.51 1.49 0.02 25.36 22.97 2.39 24.86 16.92 31.35 31.35 0.00 0.00 0.00 31.35 27.89 3.46 100.00 0.20 0.01 0.01 0.00 0.18 0.17 0.02 0.18 0.12 0.23 0.23 0.00 0.00 0.00 0.23 0.20 0.03 0.73 IV - Outstanding liabilities Total outstanding liabilities of the local self government for the period January – March 2009, amounted 30.49 million €. In the outstanding liabilities structure, capital expenditures amount – 13.04 million € which is 42.79 % of total outstanding liabilities. Liabilities for current expenditures amounted 8.18 million €, while liabilities on the basis of borrowings and loans amounted 3.73 million € and payment of debts 3.42 million €. No. The type of outstanding liability TOTAL % share % GDP 1 I II III IV V VI VII 2 Liabilities for current expenditures Liabilities for gross salaries and contributions charged to employer Liabilities for other personal earnings Liabilities for other current expenditures Liabilities on the basis of social protection transfers Liabilities on the basis of transfers to institutions, individuals and NGO’s Liabilities for capital expenditures Liabilities on the basis of borrowings and loans Liabilities on the basis of the repayment of debt Liabilities from reserves Total outstanding liabilities ( I+II III+IV+V+VI+VII ) 3* 8,181,415.21 5,019,960.32 284,983.09 2,876,471.80 2,987.00 2,059,104.35 13,045,924.60 3,733,563.80 3,427,067.65 40,245.33 30,490,307.94 26.83 16.46 0.93 9.43 0.01 6.75 42.79 12.25 11.24 0.13 0.13 0.23 0.14 0.01 0.08 0.00 0.06 0.37 0.11 0.10 0.00 0.86 Ms. Gordana Radović, Independent Advisor I in the Sector for Tax and Customs System Ms. Slobodanka Burić, Independent Advisor I, Budget Department 95 Consolidated Public Consumption in Montenegro for the Period from I - VI 2009 Consolidated public consumption in the period January-June 2009, has been estimated to the amount of 572,14 million €. The estimated public consumption level was financed from taxes in the amount of 338,26 million €, contributions 133,61 mil €, duties 15,45 million €, fees 49,87 million € and other current revenues in the amount of 26,07 million €, and receipts from the payment of loans in the amount of 23,32 million €. The Ministry of finance estimated the realization of the local self government units for the first six months of 2009, on the basis of the plan of municipalities’ from 2009 and realization of municipal budgets in previous years. Moreover, a consolidation of joint transfers of the Pension and Disability Insurance Fun and the Health Insurance Fun was done. Current public revenues were estimated in the amount of 586,11 million € or 16,58% out of estimated GDP for 2009 (3.538,00 million €). In the public revenues structure the most important revenues are taxes – 9,56% GDP and contributions – 3,78% BDP-a. Consolidated public expenditures for the first quarter of 2009, were estimated in the amount of 16,17 % GDP. Current public consumption (consolidated expenditures decreased by capital expenditures of the current budget, capital budget of Montenegro state owned funds and local governments) in the first quarter amounted 482,76 million € or 13,65 % GDP. Individually by economic classification, the highest item represent the transfers for social protection transfers – 160,15 million €, which is 4.53 % GDP, gross wages – 153,61 million € or 4.34 % GDP and transfers to public institutions – 87.06 million € or 2,46 % GDP, while capital expenditures amounted 89,37 million € or 2,53% GDP. 96 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 The following Table indicates the realization of source public revenues and execution of consolidated public expenditures with financing for the first six months of 2009 in million € and in GDP%: Consolidated Public Consumption DESCRIPTION Current revenues Taxes Personal income tax Tax on profits of legal persons Property taxes Value added tax Excise Tax Tax on international trade and transactions Local Taxes Other revenues of the Republic Contributions Pension and disability insurance contributions Health insurance contributions Unemployment insurance contributions Other contributions Duties Fees Other revenues Receipts from the repayment of loans CONSOLIDATED EXPENDITURES CURENT PUBLIC EXPENDITURES Current expenditures Gross salaries and contributions charged to employer Net salaries Tax on salaries Contributions on behalf of employee Contributions on behalf of employer Municipal surtax Other personal earnings Expenses for supplies and services Current maintenance Interests Rent Subsidies Other expenditures Transfers for social protection Rights in the social protection area Redundancy funds Rights in the area of health protection Other rights in the health insurance area Transfers to institutions, individ. NGO’s and public sector Transfers to public institutions Transfers to NGO’s Transfers to public enterprises Transfers to individuals Total capital expenditures I-VI 2009 Plan in million € 759,00 478,71 63,39 41,73 23,30 228,11 59,95 38,89 18,51 4,84 164,36 93,16 66,72 4,49 18,20 59,12 32,09 6,51 833,84 650,18 283,41 162,49 13,77 65,05 7,16 12,64 6,19 12,49 3,62 203,24 124,95 183,66 20,40 18,18 -74,84 74,84 -71,03 2,28 17,04 56,28 9,20 16,82 12,46 4,85 36,01 -100,66 Realization in million € 586,57 338,26 46,58 30,44 8,22 160,17 51,86 21,31 15,32 4,37 133,61 86,33 43,51 3,69 15,45 49,87 26,07 23,32 572,14 482,76 223,21 153,61 8,12 39,23 4,38 6,74 2,86 6,08 2,19 160,15 87,06 89,37 3,87 8,44 14,43 -14,43 -32,17 43,31 30,11 45,37 -6,92 1,49 9,80 1,39 7,07 -17,59 % realization 77,28 70,66 73,47 72,95 35,27 70,22 86,51 54,80 82,77 90,32 81,29 92,67 65,22 82,21 84,92 84,35 81,24 357,94 68,61 74,25 78,76 94,53 59,01 60,30 61,21 53,33 46,24 48,71 60,46 78,80 69,68 48,66 18,99 46,42 45,30 1.896,44 176,78 80,62 -75,17 8,86 78,62 28,61 19,64 Realization in % GDP 16,58 9,56 1,32 0,86 0,23 4,53 1,47 0,60 0,43 0,12 3,78 2,44 1,23 0,10 0,44 1,41 0,74 0,66 16,17 13,65 6,31 4,34 0,23 1,11 0,12 0,19 0,08 0,17 0,06 4,53 2,46 2,53 0,11 0,24 0,41 -0,41 -0,91 1,22 0,85 1,28 -0,20 0,04 0,28 0,04 0,20 -0,50 97 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 Budget of Montenegro Receipts of the Budget of Montenegro and state funds for the period from January – June 2009, amounted 524,99 million €. Source revenues of the Budget for the period from January – June 2009 amounted 501,67 million €, or 14,18% GDP. Revenues on the basis of duties amounted 306,72 million €, or 8,67 GDP. Revenues on the basis of fees amount 1333,67 million €. Revenues on the basis of contributions amounted 133,61 million € or 3,78 % GDP. Other current budget revenues amounted 16,26 million €, while the receipts from the payment of loans amounted 23,32 million €, out of which 22 million € represents the repayment of the first installment by the Prva Banka. Consolidated budget expenditures for the first six months of the current year amounted 482,85 million € or 13,65% GDP. Consolidated Budget and the State Funds Balance I-VI 2009 98 DESCRIPTION Plan Realization Current revenues Taxes Personal income tax Tax on profits of legal persons Property taxes Value added tax Excise Tax Tax on international trade and transactions Other revenues of the Republic Contributions Pension and disability insurance contributions Health insurance contributions Unemployment insurance contributions Duties Fees Other revenues Receipts from the repayment of loans CONSOLIDATED EXPENDITURES CURENT BUDGET EXPENDITURE Current expenditures Gross salaries and contributions charged to employer Other personal earnings Expenses for supplies and services Current maintenance Interests Rent Subsidies Other expenditures Transfers for social protection Transfers to institutions, individ.NGO’s and public sector Total capital expenditures Borrowings and Loans Reserves DEFICIT/SURPLUS FINANCING Domestic financing Borrowings and loans from domestic sources Payment of debts to residents Payment of liabilities from the previous period Foreign financing Borrowings and loans from foreign sources Payment of debts to nonresidents Donacije Donations Privatization revenues and sales of property in million € 641,39 429,69 48,94 41,73 7,24 228,11 59,95 38,89 4,84 164,36 93,16 66,72 4,49 11,13 10,42 19,26 6,51 713,19 592,12 247,43 144,32 10,64 56,49 3,77 11,96 5,58 11,54 3,13 201,60 109,40 121,07 18,61 15,08 -71,81 71,81 -54,00 0,00 15,64 38,36 6,00 12,62 10,88 4,26 17,50 -102,31 in million € 501,67 306,72 36,02 30,44 2,56 160,17 51,86 21,31 4,37 133,61 86,33 43,51 3,69 10,18 11,59 16,26 23,32 482,85 436,27 192,07 136,38 5,94 32,65 1,31 6,17 2,50 5,39 1,75 159,32 75,78 46,57 3,07 6,01 18,83 -18,83 -26,41 38,95 26,88 38,49 -7,97 0,16 8,96 0,83 0,23 -15,33 % realization 78,22 71,38 73,59 72,95 35,33 70,22 86,51 54,80 90,32 81,29 92,67 65,22 82,21 91,45 111,28 84,39 357,94 67,70 73,68 77,63 94,50 55,89 57,79 34,64 51,55 44,71 46,66 55,83 79,03 69,27 38,47 16,48 39,82 48,92 0,00 171,94 100,33 -132,91 1,27 82,35 19,51 1,29 Realization in % GDP 14,18 8,67 1,02 0,86 0,07 4,53 1,47 0,60 0,12 3,78 2,44 1,23 0,10 0,29 0,33 0,46 0,66 13,65 12,33 5,43 3,85 0,17 0,92 0,04 0,17 0,07 0,15 0,05 4,50 2,14 1,32 0,09 0,17 0,53 -0,53 -0,75 1,10 0,76 1,09 -0,23 0,00 0,25 0,02 0,01 -0,43 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 Local Self Government Estimated consolidated expenditures of the local self government for the first six months of 2009, amounted 89,56 million € or 2,53 % GDP. The consumption was covered from taxes in the amount of 31,54 million €, duties 5,27 million€, fees 38,28 million € and other current revenues in the amount of 9,81 million €. Total amount of current revenues of the local self government in first six months of 2009, are estimated to 84,90 million € or 2,40% GDP. Consolidated Balance of the Local Self Government in 2009 DESCRIPTION Current revenues Taxes Personal income tax Real estate tax Local taxes Duties Fees Other revenues CONSOLIDATED EXPENDITURES CURENT PUBLIC EXPENDITURES OF THE LOCAL GOVERNMENT Current expenditures Gross salaries and contributions charged to employer Other personal earnings Expenses for supplies and services Current maintenance Interests Rent Subsidies Other expenditures Transfers for social protection Transfers to institutions, individuals and NGO’s Capital expenditures Borrowings and loans Reserves DEFICIT / SURPLUSS FINANCING Domestic financing Borrowings and loans from domestic sources Payment of principal Payment of liabilities from the previous period Foreign financing Borrowings and loans from foreign sources Payment of debts to nonresidents Donations Revenues from privatizations and sales of property Transfers from the Budget of Montenegro Increase/Decrease in Deposits I-VI 2009 Plan In mill. € 117,61 49,02 14,45 16,06 18,51 7,07 48,71 12,82 118,89 56,30 35,98 18,17 3,13 8,56 3,39 0,68 0,61 0,95 0,50 1,64 16,90 62,59 1,79 3,10 0,07 -0,07 -17,03 2,28 1,40 17,92 2,62 4,20 1,58 0,59 18,51 1,35 4,75 Realization In mill. € 84,90 31,54 10,56 5,66 15,32 5,27 38,28 9,81 89,56 46,76 31,15 17,23 2,18 6,58 3,08 0,57 0,37 0,70 0,44 0,82 11,55 42,80 0,81 2,43 -4,40 4,40 -5,76 4,36 3,23 6,88 0,49 1,33 0,84 0,56 6,84 0,27 -2,26 % realization 72,18 64,33 73,07 35,24 82,77 74,63 78,59 76,51 75,33 83,05 86,57 94,83 69,60 76,85 90,70 84,91 60,23 73,68 89,71 50,23 68,35 68,38 45,16 78,53 33,82 190,71 230,86 38,42 18,86 31,67 52,93 94,58 36,98 0,00 Realization in % BDP-a 2,40 0,89 0,30 0,16 0,43 0,15 1,08 0,28 2,53 1,32 0,88 0,49 0,06 0,19 0,09 0,02 0,01 0,02 0,01 0,02 0,33 1,21 0,02 0,07 -0,12 0,12 -0,16 0,12 0,09 0,19 0,01 0,04 0,02 0,02 0,19 0,01 -0,06 Mr. Stanko Jeknić, Independent Advisor I, Mr. Vladislav Karadžić, Independent Advisor I, Mr. Radovan Živković, Independent Advisor I, Mr. Iva Vuković, Senior Advisor III 99 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 Removing International Double Taxation On the basis of the Resolution on Proclaiming the Ind ependence of the Republic of Montenegro (“Official Gaze tte of the Republic of Montenegro” No. 36/06), Montenegro assumed the obligation to apply and take over international contracts and agreements which had been concluded and which were entered by the State Community Serbia and Montenegro and which concern Montenegro and are in acco rdance with the current legal system. Introductory remarks International double taxation represents the barrier in economic and financial relations development between coun tries, having dissimulative effects on capital investments and conduct of international commercial activities. It is arising when the income or property of a resident (physical or legal entity) of one country is taxed by the same or significantly similar tax, both by the country of residence country and by the country where the income is realized, or where the property is located. Tax legislation of most of the countries is design with the objective of eliminating the problem of international double taxation by applying unilateral measures. However, these measures did not prove efficient because they are: - general, unable to fully comply with the specific nature of the tax system of other countries; - unstable, because each country may change them wholly or partly or withdraw them; and - not conditioned by reciprocity, i.e. they may have as a consequence unilateral tax victim, i.e. decrease in tax revenues without the guarantee that other countries will also apply appropriate unilateral measures. Contracts on avoiding double taxation with interested country* represent the most efficient manner of removing this barrier, because apart from eliminating obstacles, foreseen in unequal treatment of taxpayers, legal and fiscal security is obtained which is one of the prerequisite for international business activities. Taxes subject to contract Contracts on avoiding double taxation are applied to personal income and property tax imposed by the contracting 100 Mitar Bajčeta country. In case of Montenegro, the contract is applied to profit tax, income tax and property tax. Income and property taxes represent all taxes calculated on total income, total property or parts of income or property, including taxes on profit for divested immovable or movable property, taxes on total amount of earnings paid by companies, as well as taxes on property yield. Property income General rule applied in the Contracts on avoiding double taxation is that the profit gained from immovable property (including agricultural or forestry income) is taxed in the country where the property is located. This solution does not apply to income realized by direct use of rented the property or other way of using immovable property, as well as on income from immovable property used for the conduct of independent personal activities. Moreover, contracts regulate that movable business property of the permanent branch office which a company of the contracting country holds in other country, to be taxed by that other country. Profit obtained from divesting other property is taxed in the contracting country whose resident is a person who divested property. Contracts with the NR China and Ukraine prescribe a solution on the basis of which the capital gain from divesting of shares of company which property directly or indirectly consists of immovable property located in the contracting country, to be taxed in that contracting country. Operational gain Right to tax the company profit has the contracting co untry where the company is located. However, if a company is performing business in other contracting country through the permanent branch unit, than the taxation right is divided between the country of origin and country of residence, whereas the country of residence must recognize the tax paid on profit of permanent branch unit in the country of origin. When determining the profit of the permanent branch unit, as deduction are recognized operational expenses (including executive and administrative expenses), regardless if the expenses derived in the contracting country where the permanent branch unit is located or on any other place. If commonly accepted in the contracting country, the profit of the permanent branch unit subject to taxation may be determined on the basis of distribution of total profit of the company to individual parts. By rule, this profit should be regularly determined by applying selected method, except of there is a justified reason for not applying the method. racting county where the headquarters of the company is located. Taxation of dividends, interests and authorial fees The contracting country has unlimited right to tax divi dends, interests and authorial fees of its residents, while the contracting country in which these revenues were realized is applying withheld tax. The Contract sets forth beneficiary tax rates for the withheld taxes applied only if nonresident recipient provides evidence that he/she fulfils prescribed conditions, i.e. that he/she is the resident of the country whit which the contract is concluded and that he is the real owner of revenues, and not the mediator between the payer and nonresident recipient. Taxation of profit from carrying out international tran sport The contracting country which company is paying out the dividend, usually on the basis of the contract withholds the right to tax this type of revenue based on beneficiary tax rate. The tax rate usually amounts to 5% of gross dividend amount if the owner of this type of revenues is the company which share in the companies capital amounts 25%. If the share in capital is less than 25%, that the tax rate amounts 15% of total gross dividend amount. However, aforementioned does not represent unified rule, thus in certain contracts** prescribe unified tax rate which the country of origin is applying to the dividends of nonresidents paid by the resident company, regardless the share in capital. Profit from carrying out international transport by marital ship, aircraft or vehicle is taxed only in the cont In accordance with the provisions of concluded contracts, unlimited right to tax interests has the resident country, 101 Bulletin of the Ministry of Finance of Montenegro / April - June 2009 while the right of the country of origin is limited to 10% of gross amount of interest. The country of origin is the country which resident is the payer of interest. However, pursuant to international practice, regardless the contracted rate, the amount of the tax for foreign residents is 5%*** on gross amount of interest, because this is prescribed by national legislation and in this concrete case is more favorable for taxpayer. The country whose resident is the recipient of authorial fees, has the exclusive right to tax these fees. Contracts in force, prescribe solution in accordance to which authorial fees are taxed in Montenegro4, provided however that if a real recipient is the resident of other contracting country, the surtax may not exceed 10% of gross amount of authorial fees. Contracts with Slovenia, Czech and Leetonia prescribe solution based on which for the fee for the use or right to use author right to literally or scientific works, including cinema movies and movies or tapes for TV or radio (so called intellectual property rights) is applied the withheld tax base of 5% of gross amount of fee. - exemption method, where the resident country is excepting from taxation the income or property of its resident that was subject to taxation in other country; and - tax credit method, where the resident country is deducting from its tax on income or property tax the amount which its resident paid in other country. When applying both methods, contracting country whose resident realized income or property which on the basis of the contract are excepted from taxation in that country, may when calculating taxes on other income or other property of that resident, take into consideration excepted income or property in order to provide adequate application of tax progressive rate on income or property if that country is applying progressive taxation of income or property. Taxation of earnings or other income Earnings, fees and other types of income, realized from labor relations are taxed in the country of residence. However, if the resident is working in the other contracting country than personal income is taxed in that country, except in case when the following three cumulative requirements are fulfilled: - that recipient of personal income does not stay in the other country in the period longer than 183, i.e. tax year, - that personal income is paid by employer who is not the resident of other country, - that personal income is not beard by the permanent branch unit or headquarters owned by employer in other country. Current Contracts on avoiding double taxation prescribe solution according to which parts of income realized by the resident of the contracting country, not being regulated by any other article of the contract, are taxed only in the country of residence regardless the territory of any contracting party. Methods of avoiding international double taxation Contracts prescribe two basic elements for avoiding double taxation, such as: Mr. Mitar Bajčeta, Independent Advisor I 1 - The review of the Contracts on avoiding double taxation applied in Montenegro can be be found on the website of the Ministry of finance (www.mf.gov.me) 2 - E.G. Czech, Italy, China, Cyprus, Rumania. 3 - As of 1st January 2010, withheld tax rate will be applied in the amount of 9%, on interests paid out to nonresident legal entities. (Re. Article 29 and 43a, of the Law on amendments to the Law on corporate profit tax of legal entities (“Official Gazette of Montenegro”, No. 40/08)). 4 - Contracts with France and Sweden set forth the solution according to which the exclusive taxation rights have aforementioned countries 102
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