Page 1 Document of The World Bank FOR OFFICIAL USE ONLY Report No. 25430-KOS PROGRAM DOCUMENT OF THE INTERNATIONAL DEVELOPMENT ASSOCIATION TO THE EXECUTIVE DIRECTORS ON A PROPOSED FOURTH ECONOMIC ASSISTANCE GRANT IN THE AMOUNT OF SDR 3.7 MILLION (US$5 MILLION EQUIVALENT) TO UNITED NATIONS INTERIM ADMINISTRATION MISSION IN KOSOVO FOR THE BENEFIT OF KOSOVO May 19,2003 Poverty Reduction and Economic Management Unit Europe and Central Asia Region This document has a restricted distribution and may be used by recipients only in the performance of their official duties. Its contents may not otherwise be disclosed without World Bank authorization. Page 2 CURRENCY EOUIVALENTS (as of April 30,2003) Unit of currency: Euro (EUR) 1 EUR=US$l .lo3900 DM EAR EU FRY GDP GFS IBRD IDA KEK KFOR LDP MESP MFE MTEF MTI PA PIP WEIGHTS AND MEASURES Metric System FISCAL YEAR January 1 - December 31 ABBREVIATIONS AND ACRONYMS German Marks European Agency for Reconstruction PISG Provisional Institutions of Self-Government POE Publicly-Owned Enterprise European Union PRIP Public Reconstruction and Investment Program Federal Republic of Yugoslavia PSAG Private Sector Advisory Group Gross Domestic Product SAM Serbia and Montenegro Government Finance Statistics SDR Special Drawing Right Intemational Bank for Reconstruction and Development Intemational Development Association SME Small and Medium Enterprise Power Corporation of Kosovo SOEs Socially-Owned Enterprises Kosovo Force SRSG Special Representative of the UN Secretary-General Letter of Development Policy TOR Terms of Reference Ministry of Environment and Special Planning TSS Transitional Support Strategy SFRY Socialist Federal Republic of Yugoslavia Ministry of Finance and Economy Medium-Term Expenditure Framework Ministry of Trade and Industry Pristina Airport Public Investment Program UN United Nations UNMIKUN Interim Administration Mission in Kosovo UR UNMIK Railways VAT Value Added Tax Vice President: Sector Director: Cheryl Gray, ECSPE Sector Manager Bemard Funck, ECSPE Marina Wes, ECSPE Johannes F. Linn, ECAVP Country Director: Orsalia Kalantzopoulos, ECCU4 Task Team Leader: This operation was prepared by a Team including Marina Wes (Team Leader), Tracey Lane, Nand Shani (ECSPE), Stuart Bell (ECSPF), Shaun Moss (ECSPS), and Jeanine Braithwaite (ECSHD). Legal, disbursement, and financial management support were provided by Mark Walker (LEGEC), Joseph Formoso (LOAG3), and Hiran Herat (ECSPF). The team also benefited from inputs of Cheryl Gray and Bemard Funck, the Sector Director and Sector manager respectively, as well as from Sidi Boubacar (Country manager) and Tim Gilbo (Country Officer). Useful guidance from Christiaan Poortman, Kyle Peters, and Andras Horvai was highly valued at the early stage of the Operation’s preparation. The peer reviewers were Linda Van Gelder (SASPR), Steven Symansky (IMF), and Tatiana Proskuryakova (OPCPG). Processing assistance from Nancy Davies-Cole and Kathryn Rivera is gratefully acknowledged. Page 3 FOR OFFICIAL, USE ONLY FOURTH ECONOMIC ASSISTANCE GRANT TO THE UNITED NATIONS INTERIM ADMINISTRATION MISSION IN KOSOVO FOR THE BENEFIT OF KOSOVO GRANT SUMMARY Recipient: Amount: Terms: Objectives: Benefits: United Nations Interim Administration Mission in Kosovo, for the benefit of Kosovo. SDR 3.7 million (US$5 million equivalent). Grant The main objective of the proposed fourth budget support grant is to assist Kosovo in the implementation of a structural reform agenda aimed at enhancing medium-term macro-fiscal sustainability, sustaining adequate public service delivery in the face of declining donor support, and promoting private-sector driven growth. The reform program to be supported by the proposed grant works to achieve these objectives through specific reforms in the areas of budget management and the business environment. In the area of budget management, the proposed grant would support concrete measures towards improving the transparency and accountability of public spending and the allocation of resources in line with medium-term priorities. In the area of private sector development, the grant would help to improve the business environment by making further progress on designing and implementing the private sector regulatory framework, and taking first steps to improve the efficiency of publicly-owned enterprises. The proposed grant would provide several benefits. First, it would help to stabilize the economy by promoting reforms which will enhance medium-term fiscal sustainability and adequate service delivery in the face of declining donor support. Second, it would assist the authorities in articulating a mutually reinforcing sectoral reform agenda backed by a consistent macroeconomic framework. Policy measures to promote private sector development and growth will be a key component of the overall reform package. This document has a restricted distribution and may be used by recipients only in the performance of their official duties. Its contents may not be otherwise disclosed lwithout World Bank authorization. Page 4 - 11 - PRF - Financial Restructuring Program (Progrumu de Reudecuacidn Financieru) PRSC - Poverty Reduction Support Credit PRSP - Poverty Reduction Strategy Paper PSAC - Programmatic Structural Adjustment Credit SAFCO - Law of Government Control and Management SDR - Special Drawing Rights SIGMA - Support for Improvement in Governance and Management SIN - National Tax Service (Sewicio de Impuestos Nucionales) TOC - Community Based Territories (Territorios de Origen Comuniturio) TOR - Terms of Reference UDF - Fiscal Decentralization Unit (Unidud de Descentrulizucidn Fiscal) UNDP - United Nations Development Program USAID - United States Agency for International Development VC - Vigilance Committee VMMD - Vice-Ministry of Municipal Development Page 5 Risks: The proposed grant would also entail risks. The operation tackles difficult political reforms in a complicated institutional setting. There are risks associated with the implementation of the economic reform effort itself that largely are linked to weak local capacity. There are also various risks of policy implementation. Budgetary systems and mechanisms, including tax administration and collection, are still at a formative stage. Strong pressures also are being felt to raise wages, maintain over-manning in public services and utilities and increase overall spending to amounts that would not be sustainable in the medium term. Continued tensions in relations between the ethnic communities of Kosovo could hamper the emergence of a firm foundation for structural reforms. There is considerable uncertainty about growth prospects and the macroeconomic scenario is associated with substantial risks. The basis macroeconomic scenario for a sustained rebound in growth and living standards assumes (i) implementation of a coherent medium-term program of institutional strengthening and reform; (ii) continued, well-targeted donor support for Kosovo; and (iii) a relatively favorable external environment. Kosovo has very little cushion to absorb the consequences of any significant downward deviation in one or more of these areas. Continuing uncertainty regarding KOSOVO’S final status will also inhibit badly needed private investment and constrain growth. Schedule of Disbursements: Onemtranche Poverty Category: N/A Rate of Return: N/A Project ID Number: PO78380 Page 6 I. 11. 111. IV. INTERNATIONAL DEVELOPMENT ASSOCIATION PROGRAM DOCUMENT FOR A PROPOSED ECONOMIC ASSISTANCE GRANT TO THE UNITED NATIONS INTERIM ADMINISTRATION MISSION IN KOSOVO FOR THE BENEFIT OF KOSOVO TABLE OF CONTENTS BACKGROUND .................................................................................................................. 1 THE ECONOMY ............................................................................................................... .4 KOSOVO: THE POLICY AGENDA AND ADJUSTMENT PROGRAM .................... 9 A. Public Expenditure Management ........................................................................ 11 B. Private Sector Development ................................................................................. 17 THE PROPOSED GRANT .............................................................................................. 21 A. Project Management Issues .................................................................................. 21 B. Coordination with the IMF and other donors .................................................... 22 C. Poverty Implications ............................................................................................. 23 D. Benefits and Risks ................................................................................................. 24 TEXT TABLES Table 1 : Medium-Term Fiscal Financing Requirements .............................................. 7 Table 2: External Financing Needs and Sources, 2000-2005 (€ millions) ................... 8 Table 3: Key Policies and Reforms ........................................................................... 10 ANNEXES Annex 1 : Annex 2: Annex 3: Annex 4: Annex 5: Annex 6: Key Economic Indicators Status of Association Group Operations Timetable of Key Processing Events Letter of Development Policy Policy Matrix for the Proposed Fourth Economic Assistance Grant Kosovo at a Glance Page 7 Page 8 INTERNATIONAL DEVELOPMENT ASSOCIATION PROGRAM DOCUMENT FOR A PROPOSED FOURTH ECONOMIC ASSISTANCE GRANT TO THE UNITED NATIONS INTERIM ADMINISTRATION MISSION IN KOSOVO FOR THE BENEFIT OF KOSOVO 1. This document constitutes the Program Document on a proposed Fourth Economic Assistance Grant to the United Nations Interim Administration Mission in Kosovo' (UNMIK) for the benefit of Kosovo of SDR 3.7 million (US$5 million equivalent) to support key policies promoting fiscal sustainability and the improvement of the business environment. This Program Document should be read in conjunction with the Transitional Support Strategy (TSS) of the World Bank Group for Kosovo (IDA/R2002-0132, discussed at the Board on July 25,2002). I. BACKGROUND 2. Since the end of the conflict in June 1999, there has been considerable progress on all fronts towards peace and economic recovery in Kosovo. On the basis of the UN Security Council Resolution 1244, the Secretary General established UNMIK as the transitional administration of Kosovo, to be replaced over time with self-governing local institutions. When UNMIK arrived in Kosovo in mid-1 999, it faced the massive task of reconstruction in a post-conflict environment, restarting the basic institutions of government and economic activity, as well as overseeing the rapid return of the nearly 1.3 million refugees and internally displaced persons. 3. The combination of sound economic policies, institution building and large-scale donor assistance has yielded impressive results in Kosovo over the past four years. KOSOVO~S reconstruction has proceeded well, due to the initiatives of the population and the speedy commitment of donor support. Since 1999, donor commitments in the order of € 2.5 billion have been made, of which about €2 billion was disbursed by end-2002, well in line with the requirements of the medium-term Reconstruction and Recovery Program of November 1 999.2 Economic growth has been strong, driven by reconstruction spending, private transfers from Kosovars living abroad, and the presence of some 50,000 expatriates in Kosovo. According to recent estimates, current GDP per capita is about twice as high as - the officially recorded level - in the mid- 1990s. 4. Kosovo has been gradually progressing towards self-government. Following the adoption of the Constitutional Framework in May 2001 and the Kosovo-wide elections in November 2001, responsibility for administering the territory is now shared between UNMIK and a provisional Kosovar Government. While the Provisional Institutions of Self Government (PISG) have significant responsibility in governing Kosovo, the Special Representative of the UN Secretary ' Kosovo, Serbia and Montenegro; hereinafter Kosovo. On February 4, 2003, the official name of what was formerly the Federal Republic of Yugoslavia (FRY) changed to Serbia and Montenegro (SAM). In this document, all references to SAM whch predate the change of name should be understood to refer to FRY. This program was prepared by the European Commission and the World B ank in support oft he United Nations Mission in Kosovo. It outlined a recovery strategy, set overall goals and priorities, and provided an estimate of donor funding requirements for 1999-2002. Page 9 2 General (SRSG) retains the power to ensure security (in coordination with KFOR), exercise a number of specific reserve powers, and set the broad parameters of fiscal policy. 5. The setting in Kosovo remains unique and complex in a number of ways: 0 The governance structure required to implement power sharing between UNMIK and the PISG is highly intricate and fluid. There is uncertainty as to the precise interim institutional arrangements between UNMIK and the PISG. In addition, the approval of any legislation entails a lengthy pro~ess.~ More generally, the political circumstances affecting Kosovo and the Balkan region also remain complex, and there has been no significant progress towards a resolution of KOSOVO~S final status. UNMIK is still facing significant difficulties in asserting its authority in the mainly Serbian populated northern part of Kosovo. The legacy of destruction related to the conflict, the withdrawal of Kosovar Serbs from public administration after 1999, and a decade of absence of Kosovar Albanians from the management of public institutions has hampered local capacity building. Local capacity is very limited, and key positions, including at some of the ministries transferred to the PISG, remain occupied by internationals. The transition towards a market economy in Kosovo only started in 1999, and market-oriented legislation and behaviors are still developing. There remains an overwhelming nostalgia for 1989, the last year in which Kosovo was an autonomous republic, and the view remains among some that govemment institutions, utilities and enterprises ought to be restored to what they were in that year. Infrastructure remains dilapidated, following the 1999 conflict and a more general neglect of operations and maintenance spending during the 1990s. 0 0 0 0 6. Rationale for ZDA involvement. Following the conflict, a Transitional Support Strategy (TSS) was presented to the IDA Board of Executive Directors on October 7, 1999 (R99-178). The TSS proposed an assistance strategy to support post-conflict reconstruction and economic recovery as part of a broader international effort, as well as the establishment of the Trust Fund for Kosovo, with two allocations totaling US$60 million from IBRD’s net income. The TSS Progress Report of June 27, 2000 (R2000-130) took stock of the initial implementation of this strategy and set out an assistance program for the October 2000-September 2001 period, making the case for the second tranche of the net income all~cation.~ A second TSS for Kosovo was considered by the IDA Board on July 2, 2002, which outlined a US$15 million program of targeted adjustment and investment operations in Kosovo funded by IDA grants. This TSS program is designed to focus the Association’s involvement in Kosovo in particular on strengthening the capacity of the developing local government institutions, building on the broad based reconstruction support provided under the first TSS. The recent establishment of a Transfer Council was designed to speed up the pace of the transfer of power from UNMIK to the PISG. The two tranches were: US$25 million and US$35 million, respectively. The Trust Fund for Kosovo has generated some US$2.8 million in investment income, which has also been committed for projects. Page 10 3 7. The proposed Operation would be financed within the IDA grant envelope presented in the second TSS, under the category of post-conflict grants. Kosovo remains a post-conflict territory, within a member country, and under UN administration on an interim basis. Following the dramatic change in Government in Belgrade in the fall of 2000, Serbia and Montenegro (SAM) became a member of the Association in May 2001. However, there continues to be no progress in reaching agreement on KOSOVO’S final status. The nature and timing o fa p olitical settlement i s unclear, and a separate assistance program for Kosovo remains necessary. Kosovo thus continues to be a special case when it comes to the provision of Bank assistance; under the current circumstances the use of regular resources, either in the form of direct lending to Kosovo or through SAM, is not feasible. Continued Bank support to Kosovo is important because it contributes to peace and stability, and thus economic development in the Balkans. 8. As was the case of the previous economic assistance grants, the proposed fourth Economic Assistance Grant (EAG IV) facilitates World Bank engagement in the policy dialogue with UNMIK, the PISG and other donors. The current grant will help to ensure sustainable and adequate public service delivery through the Kosovo general budget and will support key reforms aimed at improving KOSOVO’S macro-fiscal sustainability and promoting private sector development, as have the previous three Economic Assistance Grants the Bank has extended to Kosovo. The first two grants supported the establishment of a fiscal system and helped to provide basic services in a post- conflict setting. Most notably, they supported the creation of a budget management system, with modern standards of public expenditure management and transparent fiscal operations. The first two grants have also played an important role in assisting the authorities in the design and implementation of a hnctioning tax and tariff system minimizing distortions. The main objective of the third grant was to support Kosovo’s private sector development program by supporting the enactment of four key commercial regulations, on (i) business organizations; (ii) the contract for sale of goods; (iii) pledges; and (iv) foreign investment. 9. Rationale of Operation. This one-tranche operation builds on the Authorities” recent track record on reforms. Based in part on progress under the previous three operations, the package of measures which the EAG IV supports aim to achieve two broad objectives - sustaining adequate public spending in the face of declining donor support and supporting private sector development. The program, which builds on the agenda outlined in the Association Report Kosovo, FRY: Medium-Term Public Expenditure Priorities (Report No. 24880-KOS, October 2002), is described in the attached Letter of Development Policy (Annex 4) and Policy Action Matrix (Annex 5). In the current Kosovar context, these specific measures support narrow, yet critically important objectives. A lthough the Bank’s available resources to back reforms with the required technical assistance are highly limited, the Bank continues to play an important role in assessing technical assistance n eeds, and in p roviding s ignals t o d onors. S pecific efforts have been made to ensure sufficient TA is available in the reform areas supported by the proposed Operation (see Section IV.B). Given the power-sharing arrangements currently in place in Kosovo, the ‘Authorities’ refers to both UNMIK and PISG structures, with each having responsibility in those areas delineated by the Constitutional Framework. Page 11 4 11. THE ECONOMY 10. Kosovo was traditionally the poorest part of the former Socialist Federal Republic of Yugoslavia (SFRY). In 1988-the last full year of autonomy under the SFRY constitution- recorded output per head was 28 percent of the SFRY average. Over the succeeding six years, GDP contracted by 50 percent, falling to less than US$400 per head by 1995, according to official statistics. This was correlated with massive neglect of industry, mining and infrastructure in Kosovo during the nineties. 1 1. The deteriorating economic conditions of the 1990s were significantly accelerated during the crisis of the late-l990s, which culminated in the conflict of 1999. Industrial output collapsed. Agricultural production, upon which a majority of the Kosovar population depended, plummeted; livestock herds were lost or killed; and, a planting season was missed. Moreover, virtually all social services and government systems were brought to a complete standstill. There was also significant damage to infrastructure, especially the stock of private housing. 12. The dearth of economic statistics makes it difficult to assess the state of the economy. Preliminary estimates suggest that GDP in 2002 reached around €2 billion equivalent to around $1000 per capita. Following double-digit growth rates in 2000 and 2001, estimates show that real GDP growth has fallen to less than 5 percent in 2003. It continues to be driven by reconstruction spending, private transfers from K osovars 1 iving a broad, and the presence of a large number of expatriates in Kosovo. According to IMF estimates, as a first approximation, official transfers and the local spending of expatriates together generate currently about one-fourth of value added in the economy. This not only creates distortions - mainly an expansion of the public sector at the expense of the private sector and of services at the expense of traded goods - but also makes the economy especially sensitive to cutbacks in donor support. 13. Indicators of disposable income and consumption suggest a strong recovery of aggregate demand since 1999. In 2002, consumption and investment combined were almost twice as high as 2002 GDP, reflecting the magnitude of foreign assistance, largely spent on imports. Furthermore, with remittances over the past three years estimated at some 25-30 percent of GDP annually, national income i s s ignificantly higher than GDP. Due to massive official and private transfers, imports of goods and non-factor services are estimated to have reached around 100 percent of GDP in 2002, albeit down from 145 percent in 2000. These large official and private transfers have helped to cover the trade deficit, and thus generate a roughly balanced current account.6 14. Kosovo has also made impressive progress in macroeconomic stabilization. Following the adoption of the German Mark in 1999, prices are estimated to have grown at an average rate of 2-3 percentage points per quarter in 2000 and 2001, reflecting the gradual removal of exemptions from sales tax, VAT and customs duties. Kosovo successfully converted to the use of the euro in early 2002, and inflation has now declined to less than 5 percent per year. While the adoption of a hard currency has been critical in helping to establish macroeconomic stability, it is also placing a relatively heavy burden on fiscal policy. Transfers associated with the activities of the Kosovo Force (KFOR) are not included in any of these figures. Page 12 5 15. Despite the impressive economic recovery, poverty is still widespread, with survey results suggesting that over half of the population was poor in late 2000.7 Moreover, this analysis also found that about 12 percent of the population lived in extreme poverty, Le. had insufficient income to afford food consumption above the minimum daily caloric requirements. Furthermore, there remain also significant problems in education and health. In education, striking inequalities exist across income, ethnic groups and gender. Problems are especially apparent at the secondary school level, where only one-half of Albanian girls between the ages of 15-18 were enrolled in school in end-2000. Enrolment is even lower for the non-Albanian, non-Serb children'. The limited health data suggest that Kosovo ranks the lowest in Europe on virtually every health indicator. Infant mortality, maternal health and immunization coverage are areas of particular concern. 16. UNMIK and the Kosovars have made good progress in putting in place the enabling environment for a market economy. This effort was assisted by the implementation of a massive donor assistance program, which started in 1999, and which helped set the stage for economic reconstruction and recovery. These broad-ranging and coordinated efforts have been implemented on a fast track to help Kosovo make up for lost time. Key achievements in the sphere of economic policy include: e Fiscal policy. The institutional framework for fiscal policy has been established and the budget is increasingly financed through local taxation. e Private sector development. A reformed framework for encouraging the growth of private, small and medium enterprises and the transfer of viable existing public enterprises into private hands has been created. e Banking reform. An institutional and regulatory framework for banking in line with international standards has been established. e Social reform. Basic social assistance and pension schemes have been put in place. e Health and education. Health and education services have been restarted; education enrolment is significantly higher than it was in the pre-conflict parallel system. 17. Medium-Term Prospects and Financing Requirements. If the authorities make continued progress on the structural reform agenda, economic prospects are good in the medium term. Real GDP could be expected to grow by an average of around 5 percent in the period 2003-05. The two major sources of growth in Kosovo today are aid-related activities (primarily government and other services) and other domestic activities (notably agriculture, construction, light industry, and trade). The base scenario outlined below assumes that the share of the latter will increase gradually over ~ Recent findings based on Household Budget Survey data from June-November 2002 of a sample of 1200 households suggest that there has been very little change in the poverty profile since late-2000. This Survey is being conducted by the Statistical Office of Kosovo, with Technical Assistance from the World Bank. * This category comprises a variety of peoples, often very different in their characteristics, ranging from Muslim Slav (including Bosniac and Gorani) to Roma, and including Turk, Croat and Montenegrin. Page 13 6 time, driven by successful and deep reforms. However, this base scenario is associated with very significant risks (see para. 26). 18. In the near term the contribution of domestic activities may not be sufficient to offset the impact of the decline in aid, as official transfers are expected to fall from over 50 percent of GDP in 2002, to 23 percent by 2004. This is expected to cause a slowdown in growth to 4-4.5 percent. Performance in later years w ould d epend c rucially o n the success o f s tructural reforms, n amely setting up effective economic institutions, repairing the infrastructure, and creating an environment conducive to productive private sector investment. These reforms will be critical in bringing about a sustainable supply response, and stimulating private sector development and export performance. Inflation is projected to decrease from more than 10 percent in 2001 to 3 percent by 2005. Low inflation will be supported by the continued use of the euro, prudent fiscal policy, and the gradual reduction of aid flows and the international presence in Kosovo. 19. Local revenues will finance an increasing share of fiscal expenditures. Continued efforts to strengthen tax administration and broaden the tax base are expected to further increase the ratio of locally generated revenues to KOSOVO’S GDP. However, as most measures to achieve large increases in such revenues have already been implemented, the potential for further increases will be more limited. Estimates suggest that this ratio will be increased to 22 percent of GDP by 2005, up from 9 percent in 2000. 20. Total public spending in Kosovo has been in excess of 50 percent of GDP in both 2000 and 2001. Around 75 percent of this spending has been donor-financed, with the remainder covered by locally generated revenues. Most donor funds have financed capital projects in the context of the Public Investment Program (PIP). As KOSOVO~S immediate reconstruction effort is phasing down, investment - and public spending - needs are declining. However, Kosovo is also facing the challenges of development and transition to a market economy, a challenge complicated by particularly pronounced underinvestment during the nineties. 2 1. Investment levels, declining from 68 percent of GDP in 2000 to around 23 percent by 2005, are n eeded t o m eet remaining p ost-conflict and transition n eeds, t o m ake up for the backlog of maintenance, and underpin the 5 percent growth scenario. Given the large remaining investment needs and the relative paucity of private investment, exacerbated b y c ontinued uncertainty o ver KOSOVO~S final status, public investment needs are forecast to remain higher than in other economies in the region, equivalent to around 10 percent of GDP by 2005. 22. Estimating the economy’s public investment requirements and the appropriate level of recurrent spending against international comparators, suggests that a spending to GDP level of roughly 30 percent would be necessary in the medium term to underpin the growth scenario outlined above. A ratio of recurrent spending to GDP around 20 percent would appear appropriate by 2005. Over the medium term recurrent budget spending should stay relatively lower in Kosovo than in other regional and European economies. In the presence of KFOR and UNMIK, a number of functions that normally require budget financing are covered by alternative funding sources. As KFOR and UNMIK withdraw, further non-discretionary recurrent cost items will have to be absorbed by the budget, driving the spending to GDP ratio up at that stage. Further spending pressure may also emerge from debt service payments. Page 14 7 23. Financing needs. Donor assistance will remain crucial for achieving sustainable public finances in Kosovo. The fiscal financing gap will decline but remain large as additional revenues will remain insufficient to cover all of Kosovo’s fiscal expenditure needs over the 2003-05 period. (Table 1) As Kosovo currently has no access to external borrowing, and has little if any ability to borrow domestically, the resulting financing gap will need to be covered by donors. At a donor meeting in Brussels in November 2002, a remaining financing gap of €500 million of new donor commitments over the three-year period 2003-05 was presented, of which about €50 million were for general budgetary support. Although locally generated revenues will roughly be able to cover recurrent costs, increased capital expenditure will need to be absorbed by the general budget. Table 1: Medium-Term Fiscal Financing Requirements (€ millions) I/ 2000 (act) 2001 (act.) 2002 (proj.) 2003 (proj.) 2004 (proj.) 2005 (proj.) 2003-2005 Central Government (CG) Domestic revenues 127 298 405 448 483 525 CG expenditure 2/ 220 276 527 473 498 535 CG Budget Balance -93 22 -1 22 -25 -1 5 -10 CG financing needs 25 15 10 50 Public Investment Program (PIP) Already identified financing PIP expenditure PIP balance PIP disb. from new commitments 628 551 41 1 220 130 90 41 1 280 220 200 0 -60 -90 -110 0 60 90 110 260 TOTAL financing needs 85 105 120 31 0 Total New Donor Commitments, 2003-2005 PIP new commitments CG Budget Support 200 165 135 500 175 150 125 450 25 15 10 50 Note: This implies new commitments of about €500 million over the 2003-2005 period, including €50 million for budgetary support. New PIP commitments decline from €175 million in 2003 to €125 million in 2005. I/ Data were presented at the November 2002 Kosovo Donor Meeting. No update is available as of mid-May 2003. 21 Policy adjustments will still be required to bring currently proposed spending patterns to this level of spending. Source: IMF, MFE, World Bank Staff Estimates. 24. Going forward, KOSOVO’S external financing requirements will be significantly lower than in the 1999-2002 period. As Kosovo holds no official foreign exchange reserves and will have very limited inflows of equity and debt capital, its current account deficit will by definition be close to balance. Given KOSOVO’S reliance on donor grant financing, a reasonable indicator of its total financing needs is its current account balance net of official transfers. There is a rapid reduction of these financing needs from 2001 to 2005, primarily reflecting the winding down of the main emergency reconstruction phase. Donor-financed spending on the Public Investment Program has Page 15 8 declined from €628 million in 2000 to €220 million in 2003. Remittances as a share of GDP are forecast to decline slightly o ver the m edium-term, b ut e quivalent t o an e stimated 1 7 p ercent o f GDP by 2005, they will continue to have a considerable impact on the Kosovo economy. 25. With extemal aid financing projected to decline rapidly over the coming years, imports are forecast to decrease from 145 percent of GDP in 2002 to around 45 percent of GDP by 2005 (see Table 2). This decline will test the sustainability of Kosovo’s economic recovery. Exports will also decrease slightly over the forecasting period, driven by lower exports of services reflecting the declining presence of internationals. However, exports of goods are expected to increase as structural reform leads to increased economic activity and productivity in Kosovo. Such an increase in exports will be pivotal in stimulating growth and creating the basis for a sustainable supply response. It will also require further and deeper structural reforms, as discussed in Section III, Table 2: Kosovo: External Financing Needs and Sources, 2000-2005 (6 millions) I/ Net exports of goods and services 2l Factor income from donor-related employment Workers remittances Ofticial grants Current account balance (including grants) Current account balance (excluding grants) Financing needs Already identified PIP funding Already idenfitied undesignated budget funds Humanitarian assistance Other 31 Financing sources Financing gap o/w required central government financing o/w disbursement from new PIP commitments 2000 2001 2002 2003 (act.) (act.) (proj) (proj.) -1333 -1158 -1128 -934 177 163 132 107 472 524 526 507 766 629 430 310 82 158 -40 -10 -684 -471 -470 -320 684 471 470 320 542 551 411 220 102 60 10 0 36 ia 9 5 -83 -159 40 10 597 470 470 235 85 25 60 2004 (Proj.) -767 71 44 1 235 -20 -255 255 130 0 0 20 150 105 15 90 2005 (proj.) -722 50 437 21 0 -25 -235 235 90 0 0 25 115 120 10 110 I/ Data were presented at the November 2002 Kosovo Donor Meeting. No update is available as of mid-May 2003 2/ Excludes imputed services provided by donors. 3/ Includes net capital flows, changes in cash balances, and errors and omissions. Source: IMF, MFE, World Bank Staff Estimates. 26. Risks. The macroeconomic scenario outlined above is associated with very substantial risks, especially in the outer years. The above scenario of a sustained rebound in growth and living standards assumes (i) implementation of a coherent medium-term program of institutional strengthening and reform; (ii) continued, well-targeted donor support for Kosovo; and (iii) a relatively favorable extemal environment. Kosovo has very little cushion to absorb the consequences of any significant downward deviation in one or more of these areas. If the reform effort is weaker than expected, for instance because of the PISG’s untested capacity or resistance to Page 16 9 reforms from vested interests, private sector development as well as the willingness of donors to support Kosovo would be negatively affected. Real GDP growth under this scenario would be lower. On the other hand, lower GDP growth could also arise from developments exogenous to Kosovo, including an inadequate level of extemal financing. Lack of progress in resolving Kosovo’s final status is also likely to slow down private investment and growth. 111. KOSOVO: THE POLICY AGENDA AND ADJUSTMENT PROGRAM 27. The proposed policy agenda under EAG IV is summarized in the attached draft policy matrix (Annex 5). It is reflected more fully in the Letter of Development Policy (LDP, Annex 4). After taking the early actions and achieving the initial outcomes described in Section II, UNMIK and the PISG have now developed a more comprehensive adjustment and reform program. Priorities of this reform program center around: (a) Fostering private-sector driven growth and creating the basis for a sustainable supply response; (b) Developing an effective and sustainable public sector capable of delivering adequate services, especially to the poor and vulnerable, and in the face of declining donor support. 28. The Authorities in Kosovo have requested the Association’s support for these two key elements of this program. Together with the maintenance of a sustainable macro framework, and in close consultation with the IMF and donors, the reform program supported by EAG IV is designed to set Kosovo on a path for deeper structural reform, well beyond the horizon of EAG IV. 29. Sustaining public expenditures. The conduct of fiscal policy will be critical to the adequate delivery of p ublic s ervices, a c limate c onducive t o d omestic and foreign i nvestment, as w ell as improvements in living conditions among the most vulnerable members of society. While the adoption of a hard currency has played a critical role in bringing about macroeconomic stability, it also puts a larger burden on fiscal policy. There are political and legal uncertainties surrounding borrowing, both domestic and extemal, as well as an inadequate institutional framework to support it. Thus, without a monetary policy instrument, the fiscal policy stance will depend on a strong domestic revenue effort, a careful calibration of expenditures for both public investment and social expenditures, and importantly, continuing donor support. The public sector policy agenda is focused on improving the efficiency and administration of the tax and customs collections, ensuring fiscal discipline and the allocative efficiency and effectiveness of public spending. 30. Promoting growth. Experience elsewhere indicates that in post-conflict settings, where there is a prevalence of high unemployment and large, shallow poverty, the principal focus for promoting growth should be aimed at stimulating private sector activity, particularly in the small and medium enterprise (SME) sector. This requires conditions conducive to new investment. Facilitating access to credit is obviously a key priority, and numerous donors active in Kosovo in the aftermath of the conflict established credit facilities which contributed to a dramatic surge in economic activity. Nevertheless, ensuring that financial intermediation (and further investment) Page 17 10 occurs in a sustainable, market-driven manner ultimately requires the creation of a stable and predictable legal environment that defines and protects property rights, establishes security of transactions, and imposes market discipline. Barriers against efficient entry, operation and exit of firms must also be identified and disbanded. Furthermore, efficient provision of infrastructure services is hdamental to reducing investment risks and operating costs of firms. Table 3: Key Policies and Reforms Reform Objective Budget planning To sustain adequate service delivery in the face of declining donor support. To strengthen the allocation of resources in line with medium-term government policies and spending priorities. Budget implementation Increase public sector accountability for public resources to both the people of Kosovo and the external donor community. Establish sound financial management and limit opportunities for corruption. To increase the efficiency of spending and return on public investment. Improving the business environment Ensure protection of creditor rights and establish a more efficient framework for exit of fi in financial distress. Reduce barriers to entry. Improve access to capital. Validate and enforce property rights Reforming public utilities ~ Improving the efficiency and service delivery of publicly-owned enterprises. _____~ Core Reform benchmarks by Board Presentation The Kosovo Consolidated Budget for calendar year 2003, satisfactory to the Association, has been approved by the SRSG, acting on the advice of the Economic and Fiscal Council. The 2004-06 macro and revenue forecasts for the medium-term budget framework and the budget calendar have been produced by the MFE and, upon the advice given by the EFC, agreed by the SRSG as indicative ceilings to start the 2004 budget process; and the 2004 draft budget circular has been issued by the MFE. The SRSG has promulgated a regulation establishing the Office of the Auditor General and the Audit Office, satisfactory to the Association, and the Audit Office has been established. The Assembly has adopted and the SRSG has promulgated a law on mortgages and a law on bankruptcy, both satisfactory to the Association. The Assembly has adopted and the SRSG has promulgated a law on the establishment of an immovable property rights register, and supplementary legislation necessary to render such law effective has been submitted by the Government to the Assembly, both satisfactory to the Association. Audits, conducted pursuant to terms of reference satisfactory to the Association, have been completed, by independent auditors of recognized standing, acceptable to the Association, of the four principal publicly-owned enterprises operating within Kosovo (KEK; PTK; PA; and UR), as well as of each of the Water and Waste POEs. Page 18 11 A. PUBLIC EXPENDITURE MANAGEMENT Background 31. Given the preeminence of fiscal policy in the government’s policy options, and the tight overall resource constraints in Kosovo, difficult choices and trade-offs need to be made. Following the inception of the UNMlK administration in 1999 a number of institutional arrangements were put in place to manage both domestic and donor-generated resources. The initial priority was to develop a basic system for the management of public finances in line with internationally accepted budget and financial management best practice. Over the last four years a sound framework for budget management has been established, with the following elements: (a) Adoption of a budget classification system and treasury chart of accounts consistent with the IMF’s Government Finance Statistics (GFS) methodology (b) A Treasury Single Account (the Kosovo Consolidated Fund) (c) Basic tax and customs administrations; and (d) Basic macro and revenue forecasting capability. 32. As outlined in the Bank’s Medium-Term Public Expenditure Priorities Report (Report No:24880-KOS) notwithstanding the progress made, public expenditure management suffers from the following key weaknesses: A comprehensive resource framework for the budget remains absent. Considerable effort needs to be made to progress the integration of the donor-financed Public Investment Program (PIP), and the Kosovo general budget. In addition, mechanisms to include and account for donor funds need to be strengthened, and the reporting of project financial information needs to be made consistent with the budget classification structure. Policy formulation and decision-making processes remain fragmented, and a coherent vision of public sector policy and budget development still needs to be developed. The effectiveness of the budget as a policy tool can be improved, building on progress with the medium-term approach and the sectoral-level comprehensive development frameworks initiated in the 2003 budget process. There are data limitations which hamper the development of good macro and revenue forecasts. 33. The environment for tackling these reforms is not only one of post-conflict reconstruction, and a public sector facing transition from the state-planning former Yugoslavia to a market-based Page 19 12 economy, but also one where there is no recent tradition of public sector institutions at the Kosovo- level. Public sector capacity and institution building are key to addressing these weaknesses. Reform Objectives 34. The main medium-term public finance challenge for the authorities is to ensure the provision of adequate public services, while managing the transition from reliance on donor finance, to an increased role for own source revenues. Although domestically generated revenues will continue to increase, the domestic revenue base is likely to remain weak for the foreseeable future. Donor finance will continue to be crucial to maintain service delivery and public investment over the medium term. 35. There is also a considerable institutional challenge as the management of public resources shifts from the UNMIK administration to the local government institutions, and financial accountability must be not only to the external donors but also to the people of Kosovo. This leads to a particularly complicated and fluid governance structure. The political layer of the executive branch includes the Prime Minister and the coalition government of the elected PISG; it also includes the SRSG who, while a representative of the UN, acts as a political decision maker. The institutional arrangements for decision-making are evolving to accommodate a role for all the players. The Economic and Fiscal Council (EFC) includes representatives of the UNMIK, PISG and Assembly and plays a “cabinet” role in advising the SRSG on budget and economic issues. In addition, there is an Assembly of elected representatives, headed by the President. 36. achieve the following goals: The main objectives of the reform measures supported by the EAG IV are intended to (a) S trengthen budget management to ensure the sustainable delivery o fa dequate p ublic services through improved allocation of resources to agreed priorities; and (b) Improve efficiency of resource use and combat corruption through better oversight and public financial accountability. 37. Objective I: Strengthening Budget Management. The key to medium-term fiscal sustainability is current expenditure discipline. Faced with a limited resource envelope for the foreseeable future, this will require careful policy choices and the effective prioritization of expenditures in a medium-term context. A start was made as part of the 2003 budget cycle, when elements of a medium-term expenditure framework (MTEF) approach were introduced, with the assistance of the Bank and other donors. This is being taken forward in the 2004-06 medium term budget framework that is currently under preparation. The process includes a number of elements consistent with international practice. For example, it attempts to bring all outflows and inflows on budget, it requires spending plans to be based on strategic objectives and planning, and it bases budget requests on policy changes. The 2004 budget process aims to address weaknesses identified last year. These include (i) the uneven treatment across sectors, (ii) the failure to provide guidance on expenditure ceilings, (iii) limited involvement of the sector ministries, and (iv) limited progress Page 20 13 with integrating the investment and recurrent spending proposals. It is also important for the improved management of resources to strengthen the revenue and macro-forecasts. 3 8. Maintaining expenditure discipline and allocating limited resources among competing demands requires hard policy choices. These trade-offs have been complicated in Kosovo by difficulties in finalizing the details of the interim institutional arrangements. The institutional environment for fiscal policy remains complex and there is scope to improve policy coordination. Policy formulation and decision-making mechanisms in Kosovo remain fragmented, and a coherent vision of budget development is still to emerge among different stakeholders. There are plans to address this by establishing a Budget Commission and Grants Commission to steer the 2004 budget process. These Commissions will consist of representatives of the UNMIK, the PISG and Budget Committee of the Assembly. 39. EAG IV measures to improve budget management. EAG n/ has supported the formulation and adoption of the 2003 budget, through a process in which the B ank’s M edium-Term P ublic Expenditure Priorities Report played a significant role (No. 24880-KOS). The 2003 Budget Regulation (2002/23) was promulgated by the SRSG, within the 31 December 2002 deadline, and based on the draft schedules submitted by the Minister of Finance and Economy and reviewed by the Assembly. The 2003 budget has improved public spending allocation in line with medium-term priorities. Relative to 2002, 2003 budgeted changes reflect the need to increase the allocation of resources to the still much needed public investments for reconstruction, ensure adequate resources are available to improve tax administration, and address concerns that adequate wages are paid to attract well-qualified civil servants. For instance: (a) General budget-financed capital expenditure as a percentage of GDP has increased from 1 .29 percent to 3.0 percent; (b) Expenditure on non-wage goods and services has increased from 6.7 percent to 7.1 percent of GDP in 2003; and (c) The budget for the tax administration has doubled between 2002 and 2003. 40. Wages-and-salaries spending as a share of GDP has risen from 5.8 percent to 6.5 percent, between 2002 and 2003. This is largely the result of the transfer of powers and the establishment of the PISG budget organizations. Nevertheless, the increase in the wage bill is a source of concern. The authorities are moving ahead with proposed review of the pay, employment and civil service structure with a view to revising the conditions within a sustainable resource envelope. 41. A continuing cause of concern is also the amount allocated in subsidies to public sector enterprises. In the 2003 budget these have increased to the Trepca mines (by 43 percent) and transport enterprises (airport and railways by 108 percent) and fell by just over one third in the case of heating, and water and waste. As discussed below, measures are underway that will investigate the financial situation of the enterprises, including issues of corruption, and initiate the Comparison is made with the 2002 mid-year revision data. Page 21 14 restructuring process of the publicly-owned enterprises with a view to reducing subsidies over the medium-term. 42. The 2004 budget preparation process has started, taking into consideration the weaknesses identified with last year’s MTEF approach. A budget strategy report was issued by the MFE and agreed by the SRSG upon the advice of the EFC. This report sets out the overall vision and timetable for the budget process in 2004. Importantly, it establishes a single budgetary process for both the institutions under P ISG and UNMIK control, under the stewardship of the Ministry of Finance and Economy. As part of the reform agenda, the MFE will move toward the integration of the PIP and Kosovo Consolidated Budget. This year, budget organizations will be required to prepare budget requests that integrate recurrent and capital expenditures, and are based on sectoral medium-term strategic plans. These plans will be integrated into the Medium Term Budget Framework for 2004-06. Macro and revenue forecasts have also been produced and discussed as the basis for the medium term budget framework and the setting of the medium term objectives. The limited access to finance and resources, entails that at this stage it is difficult to go beyond the current framework to use the Medium Term Budget Framework as a tool for discussing shifting priorities over the medium-term. 43. As the institutional governance arrangements for fiscal policy remain complex and fluid, a Law on Public Financial Management and Accountability, has been drafted as the Kosovo Organic Budget Law. This legislation is an important tool for improving the budget process in Kosovo. It has been approved by the Assembly and promulgated by the SRSG. Given the complexity of the institutional arrangements in Kosovo considerable attention has been paid to the timing of the budget process to ensure that all players are appropriately consulted and given adequate time to deliver their input. The key aspects of the legislation are: It provides a legal basis for the roles and responsibilities of budget players, thus clarifylng the complex institutional environment and establishing the rules for a comprehensive budgetary process across the institutions of both the PISG and UNMIK and ensuring that there are checks and balances in place for prudent financial management; It lays the framework for the annual budget process and articulates a budget timetable, thus providing the basis for a more strategic approach to budgeting; and It provides the basis for ensuring that resources are allocated according to a contestable process, and are expended according to that allocation or changed through a transparent process. 44. Medium-term reform objectives. The budget process for 2004 will need to build on the progress made during 2003 to develop a medium-term framework for the budget, to integrate the process for the PISG and SRSG reserved powers, and to strengthen the capacity of the MFE to lead the process. As a priority there is a need to review the public sector wage and employment issue to ensure that any restructuring will be sustainable over the medium-term. Page 22 15 45. The capacity for budget preparation in Kosovo remains weak, and the administration is heavily reliant on external assistance. The MFE is in the process of recruiting additional local staff to the budget department, to work alongside technical advisors funded by a USAID technical assistance project. Budget capacity in the line ministries is even more limited, particularly in the area of formulating govement policies, strategies and prioritization. This is symptomatic of the generic challenge facing KOSOVO, of building a public service where the much of the local population has been excluded from public sector employment during the nineties; and engendering notions of a modem public sector in an early transition economy. Improvements in the capacity of the public sector to generate policies and strategic plans will be a necessary counterpart to sound budget management to foster a positive investment climate, deliver services and ultimately, to achieve aspirations of growth and poverty reduction. Technical assistance will be required to develop capacity for overall and sectoral policy and strategy making in the public sector, and the Association will work with other donors to assist in the provision of such assistance. 46. Objective 2: Improving budget execution and accountability for public finances. While the establishment of good financial management systems within the four post-conflict years is laudable, critical gaps remain. Until recently budget management in Kosovo has been compliance- focused, with a greater emphasis on spending discipline rather than on mechanisms to enhance the efficiency and effectiveness of public spending. Alongside improvements in budget management, control of commitments and improving the capacity of line Ministries to plan and execute spending plans, is important for fiscal discipline and ensuring that budget outtum's reflect the allocation. 47. The outcome of the 2002 budget causes concerns about the capacity of the Kosovo budget institutions to develop and implement spending plans and to commit the budget as appropriated. The capacity is likely to be further constrained by the need for tight cash control in Kosovo. There is a well-functioning Treasury system, although commitments, expenditures, and requests for data are m ade manually to the Treasury from the spending ministries. In order to facilitate spending plans, the Treasury intends to issue warrants on a quarterly basis in 2003, rather than bi-monthly, to give budget holders better flexibility to manage the planning and execution of commitments and expenditures. Going forward, there are also plans to automate the links between spending ministries and the Treasury system to speed up transactions and to improve the accuracy and timeliness of financial information available to them. In addition, the Municipalities have recently undertaken financial management training and also due to be connected to the automated Treasury system. 48. While almost one third of the appropriated budget remained unspent at the end of 2002, the vast majority of this was for funds committed for procurement activities but not yet spent. Some €30 million was either unallocated or allocated but not committed. This was the result of (i) necessary revenue cautiousness with sums appropriated to "reserves" budget lines, and (ii) limited capacity by agencies to execute programs. The need to manage cash resources in an optimal way is a priority in Kosovo and there is scope to improve the management of cash reserves. The MFE are taking steps to review the 2002 process to see where potential improvements can be made in budget execution capacity and have already begun to investigate Treasury policies and procedures to identify potential improvements to cash management. Page 23 16 49. There is scope for improving value-for-money of public spending and retum on public investment through improved procedures for public procurement. A new law on public procurement has been approved by the Government and is now being considered by the Assembly. Furthermore, staff will need to be trained in the new guidelines and new oversight institutions for public procurement should be established. Intemal audit is still at a very early stage and much needs to be done to improve financial management and establish a culture that limits opportunities for private rent-seeking. 50. Budget management arrangements need to support the development of an accountability relationship between the PISG structures and the people of Kosovo, and provide a level of comfort to the international community that there is sound public financial management. In 2002 the SRSG promulgated the Regulation Establishing the Office of the Auditor General. The Auditor General’s position and deputy positions have been advertised and technical assistance from the European Agency for Reconstruction has been secured. The Audit Office has been established and now needs to become operational. The strengthening of the extemal audit function will help to strengthen the oversight role of the Assembly. While the budget process is largely open and information is often publicly available on the UNMIK website, there is still a need for greater transparency and timeliness of available information with respect to audit and budget data, and raising awareness of the public more generally should be encouraged. 5 1. EAG IV measures to improve Budget Execution and Accountability of Public Finances. The UNMIK Regulation (2002118) on the establishment of the Ofice of the Auditor General of Kosovo and the Audit Office of Kosovo was promulgated in October 2002. The Regulation provides for the establishment of the Office and defines the role of the Auditor-General. Over the medium term it will be a priority to establish the office and make it fully operational. There may also be a need to amend the regulation in due course to strengthen the role of Assembly in financial oversight. 52. A new Public Procurement Law has been submitted to the Assembly and needs to be promulgated by the SRSG and implemented as a matter of priority. The Association has provided extensive comments on earlier drafts of the law. The law is a marked improvement over the current situation, and stipulates the requirement for the use of competitive procurement methods in most cases. The law also contains strong anti-corruption provisions and establishes new institutions to oversee the enforcement of the law. Following a consultative drafting process, the Law was adopted by the Provisional Government on April 30 and submitted to the Assembly in early May 2003. The oversight institutions for public procurement, which will be created by the new law, will need to be promptly established, in order to ensure enforcement of the law. 53. Medium-term r eform o biectives. 0 ver the m edium term the objective is to establish the institutions that will hold the executive (PISG and UNMIK organizations) accountable for performance. Considerable efforts will be required to move beyond the legal framework, to establish the organizations, and ensure that they are appropriately staffed and equipped, and that there is on-going access to technical support. Furthermore, there needs to be political support to developing an environment where the budget process is open and transparent, and the public sector is accountable to the people of Kosovo. This will require not only technical fixes, e.g. using Page 24 17 technology to reduce the scope for inefficient or irregular financial management, but also a political commitment to transparency of the public sector, including publicly owned enterprises, and a commitment that corruption will not be tolerated. B. PRIVATE SECTOR DEVELOPMENT Background 54. Promoting economic growth through development of the emerging private sector is a second key element of KOSOVO’S overall reform program. Over the last three years UNMK and the PISG have worked to build the foundations of a market-based economy, focusing efforts on promulgation of a sound commercial legal framework and development of the institutional capacity necessary to enforce legislation and ensure security of property rights and commercial transactions. The Authorities have also put in place the elements necessary to implement the program for privatization of socially-owned enterprises (SOEs). While privatization will promote more efficient use of these assets, the experience of other transition economies indicates that the main contributor to economic growth and job creation will most likely be an expanding small and medium enterprise sector. 55. Like other transition economies, Kosovo began its transition with a legal framework inherited from the socialist system. Basic commercial laws and institutions necessary for a functioning market economy were absent. Thus, promulgation of a comprehensive set of market- based laws and development of supporting institutions have been top priorities. The primary objective of a prior budget support operation (EAG 111) was to strengthen the business environment in Kosovo by creating the conditions under which investors’ confidence could be restored, creditor and property rights could be protected, contracts could be executed, and secured lending transactions performed. Toward that end, the Authorities made significant progress over the last two years, passing legislation on business organizations, foreign investment, business registration, accounting standards, p ledge registry ( for movable property), regulation of insurance, and profit taxes. 56. To support implementation of these laws, UNMK and the PISG also worked to build the implementation capacity to enforce the legal framework by establishing a modem business registration system, a pledge registry, and a credit information bureau. Additionally, the authorities have supported the development of a non-profit accounting association to train and certify accountants and auditors and promote the adoption of modern accounting standards. Finally, recognizing the importance of an efficient and independent judicial system to ensure enforcement of this legislation and the integrity of commercial contracts and other transactions, the Authorities are launching a major capacity-building program for the commercial courts, including training for judges and lawyers and legal assistance to small and medium enterprises. 57. These measures, combined with recent growth of the banking sector, have helped promote a significant expansion of private economic activity since the end of the conflict. However, in spite of this progress, an adequate business environment necessary to fully protect and enforce property rights and contracts, facilitate stable entry and exit of firms, and promote increased private sector Page 25 18 access to financing, remains to be established. This environment increases risks for private investors, inhibits entry and expansion of firms, and encourages firms to remain in the informal economy. These constraints are compounded by inadequate and inefficient provision of key infrastructure services, which in turn increase operating and transaction costs to the private sector. In their totality, these conditions both constrain growth of fiscal revenues by encouraging firms to remain in the informal economy and require a significant portion of public expenditures to be directed to public utilities through subsidies for recurrent costs. Reform Objectives 58. The reform measures supported by EAG IV are aimed at promoting economic growth through expansion of private sector activity and enhancement of budget revenues. The specific actions the authorities are taking in the context of EAG IV build upon those begun under EAG ID, and recognize that significant gaps remain in the commercial legal framework, compounding uncertainty in the business environment. Therefore, the objectives in the area of private sector development are to: (a) Establish an adequate commercial legal framework. This will be critical for the emergence of a modem business sector. The bankruptcy, mortgage and immovable property rights registration laws are further key components of the package. (b) Create a business environment that is conducive to investment. This will be a fundamental element of the growth strategy. Identifylng and reducing the regulatory and administrative barriers to firms, particularly at the municipal level, will be key to maintaining the rate of growth of new firms witnessed in recent years. Elements of the reform package to achieve this objective include: establishment of a modem and efficient business registration system; formation of a Private Sector Advisory Group to facilitate dialogue between government and the private sector on business environment constraints; resolution of the legal framework for use-rights of land held by socially- owned enterprises; and preparation of interim spatial plans for commercial activities within municipalities. (c) P romote restructuring of publicly-owned enterprises (POEs). Restructuring of POEs in infrastructure sectors is necessary both to reduce their fiscal burden and to ensure reliable and efficient delivery of services to the emerging private sector. Completing the restructuring program will be a complex, and time-consuming task. EAG IV will support the first steps in this process by ensuring the completion of external audits of all five POEs, followed by the preparation of comprehensive restructuring strategies. 59. to improve the commercial legal framework, the Authorities’ objectives are to: Objective I: Strengthening Commercial Legislation. With regard to short-term measures (a) ensure protection of creditor rights and establish a more efficient framework for exit of firms in financial distress (by adoption of a Bankruptcy Law); (b) improve private sector access to capital (by adoption of a Mortgage Law); and Page 26 19 (c) validate and enforce property rights (by adoption of a Law on Establishment of an Immovable Property Rights Register). 60. Promulgation of the Bankruptcy law is a priority as there is currently no applicable legal basis to enforce market discipline on firms. The Bankruptcy law, which was recently passed by the Assembly and signed by the President, is expected to create a more predictable and stable environment by establishing the basis for the rights and obligations of both creditors and firms in financial distress and allow for the efficient exit of failing firms. The Mortgage law, which is now in effect, will improve private sector access to capital by addressing the current legal gap with regard to collateralization of immovable property. The Mortgage law defines the basis for pledges of immovable property, and includes means by which pledges of commercial property by business organizations may be enforced through non-judicial foreclosure in cases of default. The Law on Establishment o fan Immovable P roperty R ights Register (recently p assed by the Assembly and signed by the President), establishes mechanisms to implement and validate real property rights in Kosovo, and supports implementation of the Mortgage law. Together, these laws advance the Authorities’ goal of defining and protecting the rights of both creditors and debtors, and are expected to expand private sector access to commercial credit. Enforcement of these laws will be supported by technical assistance provided to judges of Kosovo’s commercial courts by the Association’s Private Sector Development TA project. 61. Medium-term measures. Over the course of the next year, the Authorities will need to continue their efforts to put in place a comprehensive commercial legal framework by drafting and promulgating a Law on Obligations (contract law), a Company law (expanding on the now limited coverage provided by the existing Regulation on Business Organizations), and a Competition law. 62. Implementation of the medium-term legal agenda will be supported by USAID and EAR- funded legal assistance provided to the Legal Office oft he P rime M inister and the Ministry o f Trade and Industry (MTI). These two donors, and MTI (which will be responsible for submitting PSD-related draft legislation to the Prime Minister’s office), have coordinated closely with the Association on defining the agenda and ensuring that resources will be available to implement it. 63. Objective 2: Identifiing and Reducing Constraints in the Business Environment. With regard to short-term measures to identi@ and remove constraints on investment and expansion of firms, the Authorities’ objectives are to: (a) reduce barriers to entry (by establishment of a modern enterprise registration system); and (b) identi@ and remove constraints on entry and operation of businesses (by establishing a Private Sector Advisory Group (PSAG) to report to the Economic Policy Roundtable). 64. One of the principal priorities with regard to improving the business environment is to ensure that its regulatory policies and administrative procedures do not impose a significant constraint on entry of new small and medium firms into the market, as such firms will be key drivers of job creation and future sources of tax revenue. Toward this end, the Provisional Government has recently established an independent Business Registry (under the Ministry of Page 27 20 Trade and Industry) which is expected to process business registration applications within a timeframe that is comparable to European standards. Re-registration of enterprises (from the interim system to this new system) will be implemented during Spring 2003. Arrangements are in place to regularly share registration data with the Tax Administration to enable improved enforcement of tax regulations. 65. UNMIK and the PISG also recognize that they must deepen their understanding of the existing business environment in K osovo b y working more c losely w ith the p rivate s ector o n a regular basis to identify and overcome constraints faced by SMEs. To facilitate this, the authorities have established a public-private consultative body (the Private Sector Advisory Group, or PSAG) that will report directly to the Economic Policy Roundtable. Membership in PSAG includes representatives of the private sector, municipalities and relevant central authorities. PSAG will work with donors and the private sector to periodically undertake assessments of the business environment (through surveys and other tools), identify policies, regulations and administrative procedures that impose high costs of compliance and hinder investment, entry, operation and exit of firms (including firms operating in the gray economy), and develop recommendations for removing these constraints. 66. Medium-term measures. After completion of a first set of business environment surveys, the PSAG will review the results and develop recommendations for policy, legal and procedural reforms, as appropriate, to address the key constraints. These recommendations will then be submitted to the Economic Policy Roundtable for determination of appropriate actions to overcome barriers to entry and operation of SMEs. 67. Another key constraint to the entry of new enterprises is lack of access to land. Socially- owned enterprises (SOEs) currently occupy approximately 20 percent of all land in Kosovo, much of it in excess of their operational needs. As UNMIK prepares to launch the privatization program for SOEs, it has promulgated a regulation allowing for transfer of land use rights associated with going concerns under 99-yearY transferable leases. However, there is uncertainty as to whether this regulation addresses the basis for transfer of land use rights associated with SOE liquidation candidates." Therefore, if necessary, in the medium-term, UNMIK will promulgate a regulation on use rights of socially-owned land associated with all SOEs to be liquidated under terms that include long-term, freely-transferable leases. 68. Related to the constraint of lack of access to land is the absence of municipal spatial plans throughout Kosovo. Entrepreneurs intending to start a business find that municipal authorities are unable to administer building permits, business licenses and other regulatory hnctions due to the absence of spatial plans for land use. This condition inhibits new investment and creates an incentive for entrepreneurs to operate within the informal economy. Comprehensive spatial plans for all thirty municipalities will require several years to complete. However, to overcome this constraint in the medium-term, the Ministry of Environment and Spatial Planning will work with local authorities to ensure that all municipalities prepare and approve interim spatial plans for commercial activities by mid-2004. lo The majority of socially-owned land resides with the SOEs to be liquidated. Page 28 21 69. Objective 3: Reforming Public Utilities. Restructuring publicly-owned enterprises (POEs) to improve their efficiency and service delivery is the third key reform objective in supporting private sector development. The POEs pose a significant financial and economic burden. Poor service delivery, especially with respect to KEK, imposes high operating costs on firms (particularly in the manufacturing sector), as firms must secure alternative power sources with high marginal costs. The costs of delaying reform are thus significant. 70. The restructuring program will be a complex and time-consuming process. As a first step in this process, it is necessary to undertake audits of the POEs. As a prior action, UNMIK has recently completed audits of the principal publicly-owned companies (KEK, PTK, water and waste, airport and railways). Five international firms were selected in late 2002 following UNMIK’s competitive procurement requirements; the selected lead firms were of recognized international standing. The auditors were responsible for auditing three aspects of each POE: (i) financial accounts (in accordance with International Standards on Auditing) for the years 1999, 2000, 2001, and 2002 to end June; (ii) review of operational aspects of the POEs (including identification of weaknesses and recommendations for improvements to internal controls, organizational structure, valuation of assets, management culture, management information systems, and strategic plans); and (iii) forensic audits, especially with regard to past procurement. 71. Medium-term measures. In the medium-term, the Authorities intend to prepare comprehensive restructuring strategies for all POEs, drawing upon the results of these audits. These strategies will define the key measures necessary to improve the financial and operational performance of the POEs, and should include specific business plans for the various units, separation of commercial and non-commercial functions, incorporation of units, labor rationalization and other cost reduction measures, improved accounting and corporate governance practices, and opportunities to introduce private sector participation in the sectors. This must also be accompanied by development of the regulatory framework and institutional capacity to enforce the regulatory regime. Implementation of these strategies over the course of 2004 will be one of the most significant set of reforms the Authorities can undertake. IV. THE PROPOSED GRANT 72. This section provides a summary of the proposed Grant including: (a) details on the Grant and its implementation; (b) coordination with the IMF and other donors; (c) poverty implications; and ( d) b enefits and risks. The b road rationale and o bjectives o f t he Grant, and i ts 1 inks t o the Association’s TSS, were discussed in Section I. A. PROJECT MANAGEMENT ISSUES 73. Grant amount, beneficiary, terms, tranching. The proposed budget support operation will be disbursed to UNMIK, for the benefit of Kosovo. The Grant will be in the form of an IDA Grant. It will be released in one tranche following approval of the Grant and notification by the Association of Grant effectiveness. The full completion of the core measures in Table 3 are sufficient to justify the release of this tranche. Page 29 22 74. Implementation, Monitoring and Supervision. During preparation of the Grant, the Association has assisted the authorities to ensure timely implementation of the agreed reforms. To assess the impact of the proposed operation, the Association will monitor progress in achieving the medium-term outcome benchmarks described in the Letter of Development Policy. 75. Loan Management. A Deposit Account will be established at the Commerzbank, in the name of UNMIK and managed by the MFE, on terms and conditions satisfactory to the Association. The only funds paid into this account would be the proceeds of the Grant. 76. Disbursements. Upon notification by the Association of Grant effectiveness, and with the submission by the Recipient of a withdrawal application, the proceeds of the Grant will be deposited by the Association into the Deposit Account of the Recipient. If, after deposit into the Deposit Account, the proceeds of the Grant are used for ineligible expenditures ( i.e. to finance items imported from non-member countries, or goods and services from the Association’s standard negative list), the Association will require the Recipient to either: (i) retum the amount to the account for use for eligible purposes; or (ii) refund the amount directly to the Association. Eligible expenditures would include payments by Kosovo to meet the external debt service obligations of Kosovo, provided that there are legal agreements that establish such extemal debt service obligations. 77. Reporting, Accounting, Auditing. On behalf of UNMIK, the MFE would maintain records of all transactions under the Grant in accordance with sound accounting practices. The MFE would prepare a sources and uses of hnds report indicating the budget items on which the Grant would be spent. The MFE would ensure that the Deposit Account would be audited by auditors acceptable to the IDA, and based on TORS acceptable to the IDA, agreed during Negotiations. The MFE would furnish an audit report through the Recipient not later than four months after the closing of the Deposit Account. 78. Closing Date. The expected closing date of the Grant will be January 31,2004. 79. Environmental Impact. The proposed Grant is not expected to result in any negative impact on the environment. For the purposes of Operational Directive 4.01, it has been placed in Category Cy which does not require an environmental assessment. B. COORDINATION WITH THE IMF AND OTHER DONORS 80. The achievement of reform objectives will be supported by the Association’s close collaboration with the IMF and donors. The authorities’ overall reform program has been designed within a macroeconomic framework agreed with the IMF in September 2002. EAG IV incorporates this macroeconomic framework. Many donors are active in the main reform areas covered by the proposed Operation, including the DFID, EAR, USATD. 8 1. In public expenditure management, the Team has worked particularly closely with the EAR and USAID. The EAR’S program of technical support to Kosovo, includes assistance to establish and make operational the new Office of the Auditor General, and provision to assist with the internal audit function and capacity. In addition, together with targeted assistance from the Bank, Page 30 23 the EAR and DFID are working with the MFE and the Ministry of Public Services to review public employment and wages, and consider options for decompressing the scale and revising wages which can be sustained over the medium-term. 82. USAID has a large capacity building project with the MFE. The Ministry is highly dependent upon the USAID resident technical advisors, who occupy principal positions in the Ministry, including the Budget Department. Efforts to ensure skills and knowledge transfer to local counterparts is critical for the sustainability of these technical assistance projects. Efforts are underway to expand local capacity, to hire local staff to work alongside the international advisors, and to move to suitable office accommodation. 83. In the area of private sector development, the team has maintained close coordination with EAR, USAID, and the Prime Minister’s legal office. For 2003/04 EAR will be a close partner in assisting to develop and implement business environment surveys and other empirical studies to support the work of the PSAG. The EAR will also provide legal support on preparation of commercial legislation to both the Ministry of Trade and Industry and the Prime Minister’s legal office (particularly in the areas of company and contract laws). C. POVERTY IMPLICATIONS 84. Although poverty in Kosovo remains widespread, a significant proportion of the poor are relatively close to the poverty line and not subject to severe poverty. A center pillar of the Authorities’ poverty reduction strategy is therefore a focus on the renewal of sustainable private sector driven e conomic growth. The first channel b y which the proposed Operation will have a positive impact on s ustained p overty a lleviation i s b y p romoting m easures aimed at s timulating private sector development and employment. 85. While the living standards of most of Kosovo’s poor can be expected to rebound gradually from poverty as the economy grows and job opportunities increase, the living standards of the extreme poor may not. Specific anti-poverty interventions will continue to be needed to ensure a minimum standard of living for this group. KOSOVO’S social assistance systems was developed under emergency immediate post-conflict conditions, and measures are underway to improve the social protection system more generally, in consultation with the Bank and other donors. 86. The Authorities have demonstrated a clear concern for social issues. Through improving the allocation of resources in line with medium term priorities and ensuring adequate and sustainable service delivery, this Operation will have positive impacts on poverty alleviation by helping to ensure that public spending should progressively be targeted more, and more effectively, towards improving access to and the quality of services to the poor. In this context, the Association and the Authorities have intensified their dialogue to develop data and the analytical capacity required to ground future policy decisions in a deeper understanding oft he i mpact o f e conomic and s ocial policy on the livings standards of the poor. With the Association’s assistance, recent steps have been undertaken to introduce poverty monitoring on a regular basis to facilitate measuring the outcomes from changes in social protection programs and to contain targeting errors. A household survey has been introduced and will be repeated as affordable, to track trends in living standards Page 31 24 and to provide estimates of the number of poor and extremely poor and the poverty gap. Other social indicators are also being monitored. In particular, a labor force survey has been introduced to track changes in employment and economic activity, which will be repeated quarterly. Based on these data, the Association and the Authorities are also intensifjmg their dialogue on the equity impact of public spending. D. BENEFITS AND RISKS 87. The proposed EAG IV will provide a range of potential benefits, in addition to the positive impacts on poverty described above. First, it will assist the authorities in articulating a coordinated economic policy reform agenda backed by a consistent macroeconomic framework. Second, it will support reforms aimed to improve transparency in public finances and better target public expenditures. Third, policy measures to promote private sector development and thus drive productivity and growth will be a key component of the overall reform package. 88. The proposed EAG IV also entails external, political and implementation risks. The operation would tackle difficult political reforms in a complicated institutional setting. There are risks associated with the implementation of the economic reform effort itself that largely are linked to weak local capacity. There are also various risks of policy implementation. Budgetary systems and mechanisms, including tax administration and collection, are still at a formative stage. Strong pressures also are being felt to raise wages, maintain over-manning in public services and utilities and increase overall spending to amounts that would not be sustainable in the medium term. Continued tensions in relations b etween the ethnic communities of Kosovo, as well as between UNMIK and the PISG, could hamper the emergence of a firm foundation for structural reforms. There is also considerable uncertainty about growth prospects and the macroeconomic scenario is associated with substantial risks, as outlined in Section II. Finally, the EAG IV tackles issues which have proved difficult in other economies in transition. Page 32 Annex 1 Page 1 of 2 Kosovo - Key Economic Indicators Estimate Projected Indicator 2000 2001 2002 2003 2004 2005 National accounts (as YO of GDP) Total Consumption 163.9 147.3 141.2 131.0 119.0 110.8 Gross domestic investment 67.8 54.1 43.7 32.7 24.6 23.1 Other 23.4 20.4 23.0 19.8 15.2 15.2 Donor-Financed Public Investment Program (PIP) 44.4 33.7 20.7 12.9 9.4 7.9 Exports (GNFS)a Imports (GNFS) Gross domestic savings Gross national savings Memorandum items Gross domestic product (Euro million at current prices) 10.5 13.2 12.4 11.3 9.4 8.9 145.1 117.4 99.3 76.8 54.8 44.4 1414 1747 1990 2163 2339 2530 Real annual growth rates (%, calculated from 2000 prices) Real annual per capita growth rates (“h, calculated from 2000 prices) Gross domestic product at market prices 11.0 7.0 4.5 4.5 5.5 Gross domestic product at market prices Total consumption Private consumption Balance of Payments (US% millions) Exports (GNFS)a Merchandise FOB Imports (GNFS) Merchandise FOB Resource balance Net current transfers Current account balance Net private foreign direct investment Long-term loans (net) Official Private Other capital (net, inci. errors & omissions) Change in reserves‘ Memorandum items Resource balance (% of GDP) Annual dollar-value growth rates Merchandise exports (FOB) Merchandise imports (CIF) 148 231 247 244 220 225 2051 2050 1977 1661 1281 1124 -1903 -1819 -1730 -1417 -1061 -899 1336 1290 1032 794 528 386 83 159 -40 -10 -20 -25 0 5 IO 30 40 45 -234 71 -10 -IO -10 -134.6 -104.1 -86.9 -65.5 -45.4 -35.5 Page 33 Annex 1 Page 2 of 2 (Continued) Estimate Projected Indicator 2000 2001 2002 2003 2004 2005 Public finance (as % of GDP at market prices)d Current revenues and grants 17.0 20.8 21.4 22.8 22.8 22.8 Current expenditures 15.7 16.0 27.0 22.8 22.8 22.8 Current account surplus (+) or deficit (-) 4.9 -5.6 0.0 0.0 0.0 Capital expenditure 33.7 20.7 12.9 9.4 7.9 Overall balance -28.8 -26.3 -12.9 -9.5 -8.0 Monetary indicators M2lGDP 0.086 0.274 Price indices (2000 =loo) Real exchange rate (US$/LCU)e Retail price index (YO change)f 11.3 6.5 4.0 3.5 2.5 a. "GNFS" denotes "goods and nonfactor services." b. Includes imputed services provided by donors. c. On a gross basis. d. Consolidated general government. e. "LCU" denotes "local currency units." An increase in US$/LCU denotes appreciation. f. Increase in GDP deflator is used as a proxy for Retail price Index Page 34 Annex 2 Status of Association Group Operations Difference between expected and actual Original Amount in US$ Millions disbursementsa Project FY Purpose ID P 0 7 2 4 0 5 PO72814 PO71265 PO70365 PO70295 PO70046 PO69629 PO69325 PO695 16 2002 2001 200 1 200 1 200 1 2001 200 1 2000 2000 SOC PROT (KOSOVO TF) COMM DEV FUND (KOSOVO TF) PSD TA (KOSOVO TF) PILOT WS (KOSOVO TF) URG ROAD (KOSOVO TF) ENERGY SECTOR TA (KOSOVO TF) SME CREDIT (KOSOVO TF) EMG FARM RECONSTR. (KOSOVO TF) EDUC/HEALTH (KOSOVO TF) IBRD IDA SF Cancel. Undisb. Orig Frm Rev'd 0.00 0.00 4.20 0.00 0.00 5.00 0.00 0.00 3.00 0.00 0.00 4.60 0.00 0.00 5.00 0.00 0.00 2.50 0.00 0.00 5.00 0.00 0.00 10.00 0.00 0.00 4.44 0.00 3.73 2.16 0.00 0.00 1.41 -3.59 0.00 0.00 0.66 0.66 0.00 0.00 3.47 -1.13 0.00 0.00 1.15 1.15 0.00 0.00 0.75 0.62 0.00 0.00 0.36 5.77 0.00 0.00 0.41 -3.69 0.41 0.00 0.95 -0.09 0.00 Total 0.00 0.00 43.74 0.00 12.13 1.23 0.41 Page 35 Annex 3 Timetable of Key Processing Events Identification Mission: ICM Review: Preparation Mission: Pre-Appraisal: ROS meeting: Appraisal: Negotiations: Board presentation: July 2002 November 2002 December 2002 February 2003 April 2003 April 2003 May 58,2003 June 17,2003 Page 36 UNITED NATIONS United Nations Mission in Kosovo ANNEX 4 Page 1 of 14 NATIONS UNIES Mission des Nations Unier au Kosovo UNMIK 14 May 2003 Dear Mr. Wolfensohn, I refer to the request of the United Nations Interim Administration Mission in Kosovo (UNMIK) for an economic assistance grant amounting to US $5 million from the International Development Association (IDA or -4ssociation). It is my pleasure to transmit herewith the attached Letter of Development Policy (LDP) describing the core elements of the economic refom program to be supported by the Economic Assistance Grant IV from IDA. This program builds on progress achieved under the previous policy-based budget support operations financed by the Association and attempts to integrate key policies related to fiscal sustainability and improvement of the business environment in Kosovo. The Govemment of Kosovo has been involved in discussions with UNMIK on this matter and has reviewed the content of the Letter of Development Policy. UNMIK has received assurances from the Prime Minister that the Govemment is fully committed to implementing the economic program and to fulfilling the objectives set out in the LDP (please see attached letter from Prime Minister Rexhept dated 8 May 2003, which was copied to IDA). Accordingly, unless stated otherwise, references to “we” in the LDP should be understood to refer collectively to UNMIK and the Provisional Institutions of Self-Govemment in Kosovo. I greatly appreciate your support of UNMIK’s mandate and I look forward to pursuing the reforms outlined in the LDP in cooperation with the World Bank. Michael Steiner Special Representative of the Secretary-General Mr. James Wolfensohn President The World Bank 1818 H Street, NW Washington. DC 20433 michaelsteiner@un.org Page 37 ANNEX 4 Page 2 of 14 Economic Assistance Grant IV - Kosovo Letter of Development Policy I. Introduction 1. The United Nations Interim Administration Mission in Kosovo (UNMIK) has requested for the benefit of Kosovo an economic assistance grant amounting to US$ 5 million equivalent from the International Development Association (IDA). This Letter of Development Policy (LDP) describes the core elements of the economic reform program to be supported by Economic Assistance Grant IV (EAG IV) provided by IDA. This program, building on progress achieved under the previous policy-based budget support operations by the Association, will attempt to integrate key policies related to fiscal sustainability and improvement of the business environment. 2. The contents of this Letter of Development Policy have been shared with the Government of Kosovo, which has been involved with UNMIK in discussions on this matter. UNMIK has received assurances from the Prime Minister that the Government is fully committed to the execution of the program and to hlfillment of the objectives set out in the LDP (see the attached letter from the Prime Minister). Accordingly, in this letter, unless the context otherwise requires, references to “we” should be understood to refer collectively to UNMIK and the Provisional Institutions of Sel f-Govemment (PISG). 3. Since the end of the conflict Kosovo has been gradually progressing towards self- government. This political process has been taking place within the framework of UN Security Council Resolution 1244. Following the adoption of the Constitutional Framework in May 2001 and the Kosovo-wide elections in November 200 I, responsibility for administering the territory is now shared between UNMIK and the PISG. The recent establishment by the Special Representative of the UN Secretary General (SRSG) of a Transfer Council was designed to speed up the transfer of power from UNMIK to the PISG. 4. Both UNMIK and the PISG realize that to reach beyond recovery to longer term sustainable growth, Kosovo will need to make further progress in fundamentally reforming its economy and its public finances. Achieving the authorities’ objectives of a rapidly growing economy with increased private sector employment and an overall improvement in living standards will require decisive implementation of a broad-ranging structural reform agenda. These reforms will also enhance the economy’s flexibility and resilience to shocks. This reform program will need to include measures to support (i) fiscal sustainability, adequate service delivery, and improved budgetary outcomes; and (ii) measures to foster private-sector driven Page 38 ANNEX 4 Page 3 of 14 growth. Our reform program also pays particular emphasis to capacity building and improving the well-being of the most vulnerable. 11. Macroeconomic Framework 5. Kosovo was traditionally the poorest part of the former Socialist Republic of Yugoslavia (SFRY). The deteriorating economic conditions of the 1990s were significantly accelerated during the crisis of the late-1990s. During the conflict of 1999, industrial output collapsed; agricultural production, upon which a majority of the Kosovar population depend, plummeted; livestock herds were lost or killed; and, a planting season was missed. Moreover, virtually all social services and government systems were brought to a complete standstill. There was also significant damage to infrastructure, especially the stock of private housing. 6. During the past three-and-a-half years, the combination of sound economic policies, institution building and large-scale donor assistance has yielded impressive results. GDP growth, has run at double-digit levels since 1999, driven by reconstruction spending. At about US$ 1000, GDP per capita in 2002 was more than twice as high as the officially recorded levels in the mid- 1990s. Driven by massive private and oficial transfers, indicators of disposable income and consumption suggest an even stronger recovery of aggregate demand since 1999. We have also made impressive progress in macroeconomic stabilization. Following the adoption of the German Marks in 1999, inflation has fallen to single-digit levels. Kosovo successfully converted to the use of the euro in early 2002. 7. While the adoption of a hard currency has been critical in helping to establish macroeconomic stability, we realize that it is also placing a relatively heavy burden on fiscal policy. Given the political and legal uncertainties surrounding borrowing, both domestic and extemal, and without a monetary policy instrument, the fiscal policy stance will depend critically on a strong domestic revenue effort, a careful calibration of expenditures to support both public investment and critical social expenditures, and continuing donor support, albeit at a lower level. 8. Local tax revenues have performed impressively since 1999, increasing from 9 percent of GDP in 2000 to 18 percent in 2002. KOSOVO’S overall tax revenues as a share of GDP, as well as its tax rates, remain low relative to other economies in the region, and we will continue our efforts to strengthen tax administration and broaden the tax base. Local revenues will finance an increasing share of our public spending, although they will remain insufficient to cover all of KOSOVO’S fiscal expenditure needs over the medium term. 9. As for tax policy, and as recommended by the IMF, we are planning to keep the existing simple but well-designed tax system largely unchanged. We plan to maintain a uniform rate on both consumer and capital imports at present, while studying alternative trade policy options, with the aim of lowering the tariff level in the future after further examination of the possibility of compensating the revenue loss through an increase in the VAT rate. We will focus our attention instead on improving tax administration and nurturing a culture of tax compliance. As a matter of urgency, the draft Regulation on Customs Services Procedures will be promulgated. Page 39 ANNEX 4 Page 4 of 14 10. Despite the impressive economic recovery, poverty in Kosovo remains widespread. The consequences of the 1999 conflict on the living standards of the population were severe. Recent estimates suggest that about half of the population continues to live in poverty. Although poverty is widespread, a significant proportion of the poor live relatively close to the poverty line. A center pillar of our poverty reduction strategy is therefore a focus on the renewal of private-sector driven economic growth. Our reform program to foster a sustainable supply response and private- sector growth is discussed below. 1 1. We also have a social assistance scheme in place which was developed under emergency immediate post-war conditions. We are currently considering several measures to improve social protection. First, it should be recognized that we have already both successfully reformed the first pillar of our pension system (the old-age pension) and started to introduce the second pillar of funded pensions through the Kosovo Pension Savings Trust. Given the extensive needs, and keeping in mind the dual challenge of affordability and administrative capacity, we realize we cannot institute a social assistance scheme in Kosovo right now that would meet all needs. Instead, we look to improving the emergency system gradually, with the advice of the international community. We are also strengthening social care provision. 12. With the Bank’s assistance, we have also taken recent steps to introduce poverty monitoring on a regular basis to measure outcomes from changes in social protection programs and to contain targeting errors. A household survey has been introduced and will be repeated regularly, to track trends in living standards and to provide estimates of the number of poor and extreme poor and the poverty gap. The availability of these data will also enable us to start analyzing in greater depth the equity impact of public spending. Other social indicators are also being monitored. In particular, a labor force survey has been introduced to track changes in employment and economic activity, which will be repeated quarterly. Finally, our labor code has been adopted and we do not have any encumbrances in the labor market from any inherited Employment Institutes, so we feel confident in the flexibility and functioning of the labor market as a contributor to economic growth. 111. Public Expenditure Management Reform Context and challenges 13. Given the initial institutional starting position, and the hard budget constraint, ensuring a robust system of public financial management has been both one of our most important priorities and challenges. We have developed a basic system for the management of public finances in line with internationally accepted budget and financial management best practice. In the face declining donor resources, the principal challenge over the coming years will be to provide adequate public services while keeping spending in line with available resources. Although domestically generated revenues will continue to increase, the domestic revenue base is likely to remain weak for the foreseeable future. Donor finance will continue to be crucial to maintain service delivery and public investment over the medium term. There is also a considerable institutional challenge as the management of public resources shifts from the UNMIK Page 40 ANNEX 4 Page 5 of 14 administration to the local govemment institutions, and financial accountability must be not only to the external donors but also to the people of Kosovo. 14. Nearly four years after the end of the conflict, many of the technical principles of sound budget management are in place. Basic tax and customs administrations have been established; funds are spent in accordance with a pre-formulated, publicized, and authorized annual plan, and spending plans have been increasingly cast within medium-term macroeconomic and revenue forecasts; a treasury function has been established, with a consolidated fund and appropriate checks and balances; a budget classification system has been adopted, and the treasury chart of accounts is consistent with the IMF’s Government Finance Statistics (GFS) methodology; regular internal and external reporting routines are in place, and external audits have been conducted for the 1999 and 2000 budgets, with work in progress on the 2001 audit. 15. Despite good progress, a number of challenges remain both in budget management and implementation. A comprehensive resource framework for the budget remains absent, policy formulation and decision making processes remain fragmented, and the effectiveness of the budget as a policy tool needs to be further improved. In the short run we plan to consolidate progress with budget management, improve cash management, and ensure an adequate system of accountability for public finances. 16. Our challenge over the next 3-5 years will be to move beyond a budgeting approach focused on controlling cash, to one where the budget process is instrumental in achieving a medium-term strategy for economic development and poverty reduction, and one that optimizes the allocation of resources to priorities. We face this challenge in the context of the fiscal constraint, declining donor grant-financing and an increased reliance on locally generated tax and customs receipts. 17. The reform measures supported by EAG IV are aimed at sustaining public spending, increasing its transparency and accountability, and improving the allocation of resources in line with medium-term priorities. The specific actions we intend to take under the course of this operation build upon those begun under EAG I and 11, which focused on the establishment of key public institutions and the provision of essential public services. To this end, EAG IV has supported the reform efforts of the authorities in addressing key bottlenecks in the areas of budget management and implementation. Policy Measures to Improve Budget Management 18. Budget management in Kosovo faces a particular institutional challenge as the management of public resources is shifting from the UNMIK administration to the local govemment institutions. The Constitutional Framework provides for the PISG to have certain responsibilities in the fields of economic and financial policy and fiscal and budgetary issues, but the final authority to set the financial and policy parameters for, and to approve, the Kosovo Consolidated Budget, remains in the hands of the SRSG. We have worked hard over the past year towards establishing a workable and coherent system in which the Government and the Assembly play an important role in formulating and managing the budget, while the SRSG Page 41 ANNEX 4 Page 6 of 14 fulfills his responsibilities under UN Security Council Resolution 1244 and the Constitutional Framework. 19. The year 2002 was particularly significant for public expenditure management in KOSOVO, with the establishment of the MFE following the 2001 elections, as set out in the Constitutional Framework. Many budget management responsibilities and other functions have been transferred from the UNMIK Central Fiscal Authority (CFA) to the MFE. The need to ensure that the provisions of UNSC 1244 and the Constitutional Framework are respected, whilst transferring real authority and the accompanying accountability to the PISG, has created some difficulties in implementing the handover. However, we believe good progress is now being made. 20. The 2003 Budget Regulation (2002/23) was promulgated by the SRSG, within the 31 December 2002 deadline, and based on the draft schedules submitted by the Minister of Finance and Economy (WE), and reviewed by the Assembly. This was the first budget coordinated by the PISG, and elements of a Medium-Term Expenditure Framework were incorporated into the budget preparation process to improve the allocative efficiency of public spending. As part of the 2003 budget preparation process, and with the assistance of the World Bank, we also prepared sector strategy frameworks establishing policy objectives for the sectors and linking these to resources. As part of this same exercise, we further developed medium-term revenue and expenditure forecasts based on macro framework projections. 21. public spending allocations in line with medium-term spending priorities. For instance: As a result, we believe that the 2003 budget has made significant strides in strengthening (a) General budget-financed capital expenditure as a percentage of GDP has increased from 1.2' percent to 3.0 percent as we realize that greater capital spending will have to be financed by local revenues in the face of considerable remaining investment needs and declining donor finance; In recognition of the fact that expenditure on non-wage goods and services is currently inadequate to maintain public assets, we are planning to increase expenditures to 7.1 percent of GDP in 2003. This will help to address the biased prioritization of wage-and-salary spending over operation-and-maintenance spending; and As a critical part of our strategy to broaden the tax base, we have doubled the budget for the tax administration between 2002 and 2003. (b) (c) 22. Wages-and-salaries spending as a share of GDP has risen from 5.8 percent to 6.5 percent, between 2002 and 2003. This is largely the result of the transfer of powers and the establishment of the PISG budget organizations. Nevertheless, the increase in the wage bill is a source of concern. We are moving ahead quickly with the proposed review of pay, employment and structure in the civil service. Comparison is made with the 2002 mid-year revision data. Page 42 ANNEX 4 Page 7 of 14 23. A cause of concern is also the continuing need to allocate funds for subsidies to public sector enterprises. In the 2003 budget these have increased to the Trepca mines (by 43 percent) and transport enterprises (airport and railways by 108 percent) although they also fell by just over one third in the case of heating, and water and waste. The financial situations of our major public utilities are a continuing source of contingent liabilities, as discussed below. Following the completion of the audits, we are planning measures that will clarify the financial situation and initiate the restructuring process of the publicly-owned enterprises with a view to reducing subsidies over the medium-term. 24. The 2004 budget preparation process has commenced under the stewardship of the MFE. The medium-term (2004-2006) budget framework with indicative expenditure ceilings and revenue forecasts has been discussed at the EFC and accepted by the SRSG as a basis for proceeding with the 2004 budget process. The budget circular is presently being discussed between the MFE and UNMIK and anticipated to be issued no later than Friday, May 16, 2003. Importantly, a single budgetary process is established, for both the institutions under PISG and UNMIK control, under the stewardship of the MFE. 25. For the 2004 budget preparation process, a number of reforms are envisaged, building on the progress made last year. Our reform agenda for this year includes improving sector-spending plans, which are prioritized and cast within expenditure ceilings, and strengthening the links to the final resource allocation. We will develop the 2002 ‘comprehensive development framework’ approach, which we introduced to improve sectoral level links between policy objectives, budgets and service delivery. In addition, we intend to strengthen the dialogue between the MFE and the sector Ministries and improve guidance for budget preparation with respect to sector allocations and priorities. 26. We also plan to integrate the Kosovo Consolidated Budget and the Public Reconstruction and Investment Program (PRIP). To date the PRIP has been developed separately and largely as a tool for channeling donor resources in the reconstruction effort. As we move to a more comprehensive budgeting approach, and Kosovo moves beyond the reconstruction phase, it is important to integrate capital and recurrent spending to ensure that our medium-term objectives are fully realized and sustainable through well-integrated capital projects. 27. In the medium term we will develop the basis for a full MTEF approach to budget planning. As the institutional environment evolves and the PISG institutions strengthen capacity for policy development and service delivery, the budget process will be more effective in ensuring our policy choices and service delivery targets are achieved. The development of performance indicators is also on our agenda for the medium-term. This will include sector-level indicators to aid in the monitoring of progress with respect to outputs and outcomes. 28. In an effort to further strengthen the new institutions of budget management and to clarify the institutional mechanisms for economic govemance, an important priority is the promulgation of the law on public financial management and accountability. This Law lays the framework for the annual budget process, provides a legal basis for the roles and responsibilities of budget Page 43 ANNEX 4 Page 8 of 14 players, and articulates a budget timetable. The Law clarifies the complex institutional environment and establishes the rules for a comprehensive budgetary process across the institutions of both the PISG and UNMIK. Our principal challenge looking forward will be to strengthen these institutional arrangements. The Law also ensures that there is only one process within which decisions are made with respect to the allocation of public resources across programs, be they under PISG or UNMIK responsibility. It also provides the basis for a more strategic approach to budgeting as Kosovo begins to move beyond the immediate post-conflict period characterized by revenue instability and need for tight cash-control. In short, the Law will provide a sound legislative framework for ensuring fiscal discipline and optimizing resource allocation. Policy Measures to Improve Budget Execution And Accountability For Public Finances 29. The strength of a public expenditure management system in maintaining aggregate fiscal discipline and allocating resources efficiently depends to an important extent on how well the institutions for financial management and accountability function. The challenge we face is to establish these institutions, and to encourage an environment where public officials fully implement their responsibilities for prudent management of public resources. Over the medium term our main objective is to ensure that budgets are executed in the most efficient and effective way. Faced with a tight cash flow environment our experience over the last two budget cycles demonstrates the need to build capacity to plan expenditures, strengthen Treasury operations to ensure sound cash management, and to avoid excessive surpluses while at the same time obviously making sure all commitments can be met. 30. There are a number of technical solutions that we are pursuing in the short term. This includes linking the spending agencies to the electronic Treasury system, thereby strengthening the controls over expenditure and improving the availability and timeliness of data so that budget holders can plan and execute their budgets effectively. By June 2003, we anticipate that all Municipalities will be connected to the automated Treasury system. Over the medium-term we intend to roll out to all spending agencies the modified cash accounting system and the Freebalance FMISl expenditure control system. Currently, commitment requests and intemal financial reporting are undertaken manually. Our reform agenda includes a plan to create a government-wide network connecting the spending agencies including Municipalities to the Treasury system, and to establish a new monitoring and reporting unit in the MFE capable of producing accurate and timely monthly and quarterly reports. 31. We are also developing the role of internal audit and control and ensuring that those responsible for public resources, whether at central or municipal levels, are trained in sound financial management. Now that an internal audit unit has been established in the Ministry of Finance, and internal auditors have been recruited in a number of line Ministries, we plan to move ahead by developing guidance and manuals for internal audit functions in line with IAS and IASB standards. We plan to recruit intemal auditors for all first level spending units. 32. In the past regular audits of the budget have been carried out by external auditors. The external audit function is critical to the transparency and reliability of public sector financial Page 44 ANNEX 4 Page 9 of 14 management systems. With the institution of the new assembly and the inclusion of designated public entities under the authority of the Auditor General the need to establish the independent Auditor General that the Constitutional Framework (CF) calls for is even more urgent. Following the promulgation by the SRSG of a regulation establishing the Ofice of the Auditor General and the Audit Office, the Audit Office has been established. This puts in place a key institution in the overall system of public financial management. Terms of reference for the Auditor General and Deputy Auditor General have been drafted with interviews to be held before the end of May. An agreement has now been signed with the EAR for TA in training and development. Funds have been allocated in the 2003 Kosovo budget, local staff was hired, and office space has been allocated. 33. Over the medium term, we plan to build up the Auditor-General's Office, including hiring and training local audit staff, determining a program of audits for the forthcoming year. In addition, we will recruit and train internal auditors for all first-level spending units. 34. Until recently, procurement in Kosovo was managed under the terms of an outdated administrative instruction which did not provide sufficient control over the quality and economy of the goods procured due to inadequate provision for monitoring, analysis and oversight. A new law on public procurement has been adopted by the Government and submitted to the Assembly. The new law upgrades legislation on public procurement in line with international standards and moves Kosovo towards alignment with European law in this area. The law will strengthen the institutions to oversee its enforcement, including a Public Procurement Regulatory Body and a Public Procurement Agency. All contracting authorities governed by the law are required to designate a Procurement Officer, who will be required to undergo formal training in the correct application of the law. IV. Private Sector Development Reform Context and Challenges 35. Promoting economic growth through development of the emerging private sector has been and remains a key element of our overall reform program. Over the last three years we have worked to build the foundations of a market-based economy, focusing our efforts on promulgation of a sound commercial legal framework and development of the institutional capacity necessary to enforce legislation and ensure security of property rights and commercial transactions. We have also put in place the elements necessary to implement the program for privatization of socially-owned enterprises (SOEs). While we expect privatization will promote more efficient use of these assets, we know from the experience of other transition economies that the main contributor to economic growth and job creation will most likely be an expanding small and medium enterprise sector. 36. Like other transition economies, Kosovo began its transition with a legal framework inherited from the socialist system. Basic commercial laws and institutions necessary for a functioning market economy were absent. Thus, promulgation of a comprehensive set of market- based laws and development of supporting institutions has been a top priority. The primary Page 45 ANNEX 4 Page 10 of 14 objective of the prior budget support operation (EAG 111) was to strengthen the business environment in Kosovo by creating the conditions under which investors' confidence could be restored, creditor and property rights could be protected, contracts could be executed, and secured lending transactions performed. Toward that end, we have made significant progress over the last two years, passing legislation on business organizations, foreign investment, business registration, accounting standards, pledge registry (for movable property), regulation of insurance, and profit taxes. 37. To support implementation of these laws, we have also worked to build the implementation capacity to enforce the legal framework by establishing a modem business registration system, a pledge registry, and a credit information bureau. Additionally, we have supported the development of a non-profit accounting association to train and certify accountants and auditors and promote the adoption of modem accounting standards. Finally, recognizing the importance of an efficient and independent judicial system to ensure enforcement of this legislation and the integrity of commercial contracts and other transactions, we have launched a major capacity-building program for the commercial courts, including training for judges and lawyers and legal assistance to small and medium enterprises. 38. These measures, combined with recent growth of the banking sector, have helped promote a significant expansion of private economic activity over the past two years. However, in spite of this progress, we have yet to establish an adequate business environment to fully protect and enforce property rights and contracts, facilitate stable entry and exit of firms, and promote increased private sector access to financing. This environment increases risks for private investors, inhibits entry and expansion of firms, and encourages firms to remain in the informal economy. These constraints are compounded by inadequate and inefficient provision of key infrastructure services, which, in tum, increase operating and transaction costs to the private sector. In their totality, these conditions both constrain growth of fiscal revenues (by encouraging firms to remain in the informal economy) and require a significant portion of public expenditures to be directed to public utilities through subsidies for recurrent costs. 39. The reform measures supported by EAG IV are aimed at promoting economic growth through expansion of private sector activity and enhancement of budget revenues. The specific actions we intend to take under the course of this operation build upon those begun under EAG 111, which recognized that significant gaps remain in the commercial legal framework, compounding uncertainty in the business environment. Therefore, in the medium term, our main objectives are to: (i) continue efforts to establish a business environment which is conducive to expansion (and formalization) of private sector activity, and; (ii) improve efficiency of public utilities, thereby reducing their need for continued subsidies. To this end, EAG IV will support our reform efforts in the three priority areas of: (i) improvements to the commercial legal framework; (ii) strengthening the business environment; and (iii) reform' of public utilities. Policy Measures to Strengthen Commercial Legislation 40. objectives are to: With regard to short-term measures to strengthen commercial legislation, our specific Page 46 ANNEX 4 Page 11 of 14 i. ensure protection of creditor rights and establish a more efficient framework for exit of firms in financial distress (by promulgation of a bankruptcy law); ii. improve private sector access to capital (by promulgation of a mortgage law); and iii. validate and enforce property rights (by promulgation of a law on registration of real property rights, and submission by the Government to the Assembly of supplementary legislation necessary to render such law effective). 41. We expect the Bankruptcy Law to enforce market discipline on firms, create a more predictable and stable environment by establishing the basis for the rights and obligations of both creditors and firms in financial distress and allow for the efficient exit of failing firms. Promulgation of the Mortgage Law is expected to improve private sector access to capital by addressing a legal gap with regard to collateralization of immovable property. The Mortgage Law defines the basis for pledges of immovable property, and includes means by which pledges of commercial property by business organizations may be enforced through non-judicial foreclosure in cases of default. We have also promulgated the Law on Establishment of an Immovable Property Rights Register, which establishes mechanisms to implement and validate real property rights in Kosovo, and thus supports implementation of the Mortgage Law. Together, these laws advance our goal of defining and protecting the rights of both creditors and debtors, and are expected to promote further private sector access to commercial credit. 42. In the medium-term, we intend to continue our efforts toward putting in place a comprehensive commercial legal framework by drafting and promulgating a law on obligations (contract law), a company law (expanding on the now limited coverage provided by the existing Regulation on Business Organizations), and a competition law. Policy Measures to Improve the Business Environment 43. and expansion of businesses, our specific objectives are to: With regard to short-term measures to identify and remove constraints on investment i. reduce barriers to entry (by establishment of a modern enterprise registration system); and ii. identify and remove constraints on entry and operation of businesses (by establishing a Private Sector Advisory Group (PSAG) to report to the Economic Policy Roundtable). 44. One of our principal priorities with regard to improving the business environment is to ensure that our regulatory policies and procedures do not impose a significant constraint on entry of new small and medium firms into the market, as such firms will be key drivers ofjob creation . and future sources of tax revenue. Toward this end, in the short-term we have ensured that the Business Register is fully operational and that satisfactory arrangements are in place to share data with the tax authorities to enable improved enforcement of tax regulations. The Business Page 47 ANNEX 4 Page 12 of 14 Register is expected to process business registration applications within a timeframe that is comparable to European standards. 45. We also recognize that we must deepen our understanding of the existing business environment in Kosovo by working more closely with the private sector on a regular basis to identify and overcome constraints faced by SMEs. Therefore, we have established a public- private consultative body (the Private Sector Advisory Group, or PSAG) that will report directly to the Economic Policy Roundtable. Membership in PSAG includes representatives of the private sector, municipalities and relevant central authorities. The PSAG will work with donors and other organizations to periodically undertake assessments of the business environment (through surveys and other tools), identify policies, regulations and administrative procedures that impose high costs of compliance and hinder investment, entry, operation and exit of firms (including firms operating in the gray economy), and develop recommendations for removing these constraints. One survey, focused on business environment issues facing larger enterprises, has recently been completed by EAR. 46. As a complement to the EAR-funded study, we expect that a second assessment will soon be undertaken to assess the costs of compliance with regulatory and administrative requirements imposed on small and medium enterprises (SMEs) at the central and municipal levels. As follow-up to these studies, the PSAG will review the results of completed surveys and develop recommendations for policy, legal and procedural reforms, as appropriate, to address the key constraints. These recommendations will then be submitted to the Economic Policy Roundtable as to appropriate actions to overcome barriers to entry and operation of SMEs. 47. In the medium-term, we intend to continue our efforts to improve the business environment by undertaking measures to improve private sector access to land and to overcome bottlenecks in the municipal regulatory process. 48. One key constraint to the entry of new enterprises is lack of access to land. Socially- owned enterprises (SOEs) currently occupy approximately 20 percent of all land in Kosovo, much of it in excess of their operational needs. As we prepare to launch the privatization program for SOEs, we are preparing a regulation allowing for transfer to the private sector of use rights to land associated with the “spin-off” approach under long-term, freely-transferable leases. However, there is uncertainty as to whether this regulation addresses the basis for transfer of use rights to land associated with SOE liquidation candidates. (The majority of socially-owned land resides with the SOEs to be liquidated.) Therefore, if necessary, in the medium-term, we will promulgate a regulation on use rights of socially-owned land associated with all SOEs under terms that include long-term, freely-transferable leases. 49. Related to the constraint of lack of access to land is the absence of municipal spatial plans throughout Kosovo. Entrepreneurs wishing to start a business find that municipal authorities are unable to administer building permits, business licenses and other regulatory functions due to the absence of spatial plans for land use. This condition inhibits new investment and creates an incentive for entrepreneurs to operate within the “gray” economy. Comprehensive zoning plans for all 30 municipalities will require several years to complete. However, to Page 48 ANNEX 4 Page 13 of 14 overcome this constraint by mid-2004, the Ministry of Environment and Spatial Planning (MESP) will work with local authorities to ensure that all municipalities will prepare and approve interim spatial plans for commercial activities. Policy Measures to Reform Public Utilities 50. Restructuring publicly-owned enterprises (POEs) to improve their efficiency and service delivery, while reducing their need for continued budget subsidies, is also one of our principal reform objectives. The restructuring program will be a complex and time-consuming process, including development of business plans, separating commercial and non-commercial functions, incorporation of various units, labor rationalization and other cost reduction measures, improved accounting practices, and development of the regulatory framework and institutional capacity. As a first step in this process, it is necessary to undertake audits of the POEs. Thus, in the short-term we have completed audits of the principal publicly-owned companies (KEK, PTK, water and waste, airport and railways). 51. In the medium-term, our objective is to prepare and approve comprehensive restructuring strategies for all POEs, drawing upon the results of the audits. These strategies will define the key measures necessary to improve the financial and operational performance of the POEs, and define opportunities to introduce private sector participation in the sectors. V. Conclusion 52. The last several decades have left Kosovo facing considerable economic challenges. We believe that the measures outlined above demonstrate the joint commitment by UNMIK and the PEG in confronting structural obstacles to fiscal sustainability and private sector development. We realize the importance of taking further steps towards the establishment of institutions and systems that will allow us to manage public resources efficiently and transparently. At the same time, we need to ensure that the poorest segments of society are adequately protected. In particular given the poverty profile in Kosovo, supporting private sector development will be a core component of this strategy. 53. The Association has provided support to UNMIK in setting up the basic institutions of macroeconomic management, has given extensive advice with respect to the preparation and implementation of the Kosovo Consolidated Budget, and has worked closely with UNMIK in the design and implementation of the commercial framework. We look forward to the continued engagement of the World Bank in assisting us with our economic policies. Pristina, 12 May 2003 Page 49 ANNEX 4 Page 14 of 14 UNMIK PROVISIONAL INSTITUTIONS OF SELF-GOVERNMENT INSTITUCIONET E PERKOHSHME TR VETEQEVERISJES PRIVREMENE INSTITUCIJE SAMOUPFWVLANJA PRIME MIMSTER KRYEMINISTRI PREMIJER Dear Mr. Steinm, 8 May 2003 This is to confirm that the Government of Kosovo has been closely involved with UNMIK in discussions on the policy reform package backed by the Economic Assistance Grant 4 (EAG 4). The preparation of the EAG 4 has taken place in close consultation with representatives from a number of Ministries. Representatives of the Government were also part of the Delegation that negotiated this Operation, and the Minister of Finance and Economy and the Minister of Trade and Tndustry have initialed the Agreed Minutes of Negotiation. We are fully committed to the execution of the program and to hlfillment of the objectives set out in the Letter of Development Policy. ,/' With iespect, Prime Minister of Kosovo v To: Mr. Michael Steiner Special Representative of the Secretary General cc: The International Development Association Page 50 vrm 8% a, a Y 9 5 Page 51 c .- x P Page 52 Page 53 Annex 6 Page 1 of 2 Kosovo at a glance 5/15/03 POVERTY and SOCIAL 2001 Population, mid-year (millions) GNP per capita GNP Average annual growth, 199541 Population (%) Labor force (Sa) Most recent estimate (latest year available, 199541) Poverty (% of population below national poverty line) I/ Urban population (% oftotalpopulation) Life expectancy at birth (years) Infant mortality (per 1,000 live births) Child malnutrition (% ofchildren under5) Access to an improved water source (% ofpopulation) illiteracy (Sa ofpopulation age 15+) Gross primary enrollment (% ofschwl-age population) Male Female KEY ECONOMIC RATIOS and LONG-TERM TRENDS GDP (Euro € millions) Gross domestic investmenVGDP Exports of gwds and services/GDP Gross domestic savings/GDP Gross national savings/GDP Current account balance/GDP Interest payments/GDP Total debVGDP Total debt servicdexports 21 Present value of debUGDP Present value of debVexports (average annual growth) GDP GDP per capita Exports of gwds and services Kosovo Fed. Rep. 2.4 50.3 37 74 35 54 7 2000 Europe 8 Central Asia 475 1,960 930 0.1 0.6 53 59 20 90 3 102 103 101 2000 1,414 58 10 5.07 0.0 2001 23.6 18.4 56.1 Lower- mlddle- Income 2,164 1,240 2,677 1 .o 1.2 46 59 33 11 80 15 107 107 107 2001 1,747 54 13 9.10 200145 6.5 ~ Life expectancy GNI Gross 1 capita nrollment primary 1 Access to improved water source 1 ---Kosovo 1 ~ Lower-middle-income m" ~ Economic ratios' Trade ~ Indebtedness -Kosovo I- Lowermiddleincome group STRUCTURE Or the ECONOMY (Sa of GDP) Agriculture Industry Services Private consumption General government consumption Imports of goods and services Manufacturing (average annual growth) Agriculture Industry Services Pnvate consumption General government consumption Gross domestic investment Imports of goods and services 3/ Manufacturing 1988 1998 20.4 28.8 47.4 33.8 1981-91 199141 2000 2001 113.0 102.8 51.5 48.7 91.5 88.7 2000 2001 * The diamonds show four key indicatorr in the country (in bold) compared with its income-group average. If data are missing, the diamond will 1/ Share of population below food poverty line of US$0.813/day is 11.9%. be incomplete. Page 54 Annex 6 Page 2 of 2 Kosovo PRICES and GOVERNMENT FINANCE Domestic prices (% change) Consumer prices Implicit GDP deflator Government finance (% of GDP, includes current grants) Current revenue 2/ Current budget balance Overall surplusldeficit TRADE (Euro E millions) Total exports (fob) Food Other fuel Manufactures Total imports (fob) Food Fuel and energy Capital goods Export price index (1995=100) Import price index (1995=100) Terms of trade (i995=100) BALANCE of PAYMENTS (Euro € miilions) Exports of goods and services Imports of goods and services Resource balance Net income Net current transfers Current account balance Financing items (net) Changes in net reserves Memo: Reserves including gold (US$ millions) Conversion rate (DEC, localNS$) 2000 16.91 1.35 2000 148 1,116 2000 148 1,116 -968 1,336 83 ... 2001 11.0 0.0 20.65 1.4 2001 231 1.058 2001 231 1,058 -827 1,290 159 75 -234 Export and import levels (US$ mill.) 1,200 800 - 95 96 97 98 99 w 01 Exports mlmports Current account balance to GDP (%) 10 - 9- 8- 7- 6- 5- k- 3- 95 $6 97 sa 99 w 01 5/16/03 2/ Includes current grants.