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Informational note on the measures to prevent corruption in ANSA



Preventing corruption, represents one of the priorities for the existing management of the Agency, as in the period 2014-2015 have been registered breaches that damaged the reputation of our institution. After a detailed assessment of the situation it has been concluded that the problems were generated mainly by the gaps in the process of monitoring and issuing of permissive documents, as well as by the unprofessional attitude of some ANSA employees.

In order to eradicate this phenomenon, it was decided as a first step to simplify import – export procedures by excluding permissive documents that were impeding the activity of business operators, being also a source of corruption for those dealing with the issuing of these documents. As a consequence, the following documents have been excluded from the Nomenclature of permissive acts approved by Law 181 of. 22.07.2016 (positions 4, 10, 14, 23-25 and 33):

  • Certificate of quarantine expertise;
  • Sanitary veterinary transit notification;
  • Coordination of technical documentation with notification;
  • Act on the control of vegetal products and of transportation means;
  • Certificate on observance of rules related to the use of phytosanitary products and fertilizers;
  • Quarantine permit for the import of products, materials and objects subject to quarantine;
  • Transit permit.

In accordance with the recent amendments to legislation approved by the Government, there will be other permissive acts excluded (will remain 8 acts out of 34), thus facilitating the activity of business operators, as well as avoiding corruption elements generated by the process of issue of these acts.

ANSA in collaboration with the Ministry of Health and the Ministry of Agriculture and Food Industry modified the legal framework related to overlapping of functions attributed to ANSA and Public Health Centre in issuing same permissive acts (authorizations, certificates, notices) for same objects or groups of food products. Collaboration Agreement between ANSA and MoH was signed, establishing the clear competences for both institutions.

Contravention Code was modified by Law 208, obliging ANSA inspectors to ascertain and examine the contraventions, as well as to issue reports related to production, trade, repacking and use of phytosanitary products, fertilizers and veterinary products without conformity certificates, forbidden, not registered or fake. In such conditions, the responsibility of inspectors shall increase and in order to avoid corruption activities, the new General Procedures have been approved, ensuring impartiality of controls, confidentiality of obtained documents and information, as well as the approach used during examination of complaints after controls carried out by ANSA inspectors.

In order to streamline the operational processes, was revised ANSA Order 217 on the mechanism of monitoring and issuing the documents of strict evidence, clearly delimitating the responsibilities and assigning the persons with the right to sign these documents.

                            

Enhanced managerial control is another decisive aspect that would exclude the risks of corruption. One of the actions, is the weekly reporting by the inspectors to the Head of territorial subdivision on the performed controls, applied measures, and the modality of their execution. In accordance with ANSA Order 156 of 16.06.2016 on monthly reporting, inspectors are reporting on weekly basis, and the Heads of territorial subdivisions are submitting monthly reports to the Audit Service in ANSA. After all information is examined, this service prepares an informational note on performed activities and the level of control on the national level.

In order to exclude the human factor in the process of drafting the documents and to implement the recommendations of the National Anticorruption Centre, ANSA has developed and implemented in a relatively short period of time, the informational system “Management of the issue of phytosanitary certificates”. 90 000 phytosanitary certificates are issued annually for the export of vegetal products for 100 types of goods and 1000 exporters for more than 70 countries. These certificates are issued by the phytosanitary inspectors from the 37 ANSA regional food safety subdivisions.  The system comprises two main interconnected modules: I. Register of business operators and II. Phytosanitary certificates. Connection to the system is restricted by login and password for each group of users and ensured by the soft developers.

It is to be mentioned that the second module can be accessed only after the registration of business operator. Supporting documents are attached during the registration and issue of certificates and the name of inspector is printed out automatically on the documents depending on the user. All modifications of data are also registered. The system is based on the Nomenclature in order to minimize the risks of misleading information.

In December 2016, ANSA has launched the “single window” for the documents necessary for the imports and exports and agro-food products. Aspects related to the functioning, control of the documents and persons with the right of signature are covered by ANSA Order 414 of 30.12.2016. The Order is clearly describing the procedure of submission by the applicant of necessary documents and the issue of the sanitary-veterinary permit and the registration certificate for pharmaceutical products. The mechanism excludes the need of interaction between ANSA employees and business operators and reduces considerably the human errors.

                     

Another measure aiming to reduce corruption is establishment of sanitary-veterinary and phytosanitary BIP’s at Tudora, Criva, Leuseni and Giurgiulesti international port, concentrating import-export procedures at the border, avoiding multiple controls carried out by inspectors at the storing facilities and terminals. Monitoring electronic system is implemented at these BIP’s, ensuring a high transparency level on import-export procedures.

“Management of disputes” – is an operational procedure developed and approved with the purpose to create an optimal mechanism for the examination of disputes in the prior administrative litigation procedure for subdivisions with control abilities. This is an important and useful legal tool to exclude any kind of corruption related risks.

Implementation of good governance principles and strengthening institutional capacities are the factors constantly monitored by the management of ANSA. In this context, it is to be mentioned ANSA Order 319 approving the template of declaration regarding information and accountability of civil servants on incompatibilities and restrictions stipulated by the national legislation in preventing corruption. ANSA also strengthened the Disciplinary Commission by including the Deputy Directors, organizing unplanned controls in regional subdivisions by specialists from the management (19 unplanned controls during last year).

Real actions have been taken to ensure institutional and decision-making transparency. Annual activity reports, results of on-spot audits and ANSA Orders are published on the institution's website. The Agency's Departments publish documents of common interest, useful information for business operators, notices and other informative materials that fully reflect ANSA's work.

Following frauds committed, related with issuing false certificates, several employees were fired. However, hoping to regain their positions, these former employees invent and launch various rumors and lies in order to obstruct the activities carried out by the Agency.

Of course, we are aware, that there is still a lot of work to be done in order to reach to the high goals that we have proposed to ourselves, but the  noticeable progress that has been achieved during the last year, makes us optimistic towards the future of the National Food Safety Agency.