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International Consultant on developing a new Environmental Protection Framework Law for the Ministry of EnvironmentVacancy Number: Pr14/00546
Contacts: Mr. Traian Turcanu. Background
Relations between the Republic of Moldova (RM) and the European Union (EU) formally started with the signing of the Partnership and Cooperation Agreement (PCA) in 1994 that entered into force in 1998. The PCA established the basic principles of cooperation between RM and EU and was designed for a10 year period. The Partnership and Cooperation Agreement will soon be replaced by an Association Agreement which includes a Deep and Comprehensive Free Trade Area (DCFTA). The documents provide for political association and economic integration and have been initialed in Vilnius in November 2013. For the Republic of Moldova the AA represents a reform agenda which is based on a comprehensive program of legal harmonization with EU acquis communautaire. The Association Agreement provides that the Parties shall develop and strengthen their cooperation on environmental issues, thereby contributing to the long-term objective of sustainable development and greening the economy. It is expected that enhanced environment protection will bring benefits to citizens and businesses in the Republic of Moldova and in the European Union, including through improved public health, preserved natural resources, increased economic and environmental efficiency, integration of the environment into other policy areas, as well as use of modern, cleaner technologies contributing to more sustainable production patterns. Cooperation shall be conducted considering the interests of the Parties on the basis of equality and mutual benefit, as well as taking into account the interdependence existing between the Parties in the field of environment protection, and multilateral agreements in the field. UNDP and its international partners are committed to assist Moldova, through technical and financial assistance, in promoting costly legal and institutional reforms that the Association Agreement entails. The Project “Building Institutional Capacity of the Ministry of Foreign Affairs and European Integration (MFAEI)” aims at strengthening the institutional capacity of the MFAEI as lead institution in the AA negotiation process. In the same context, the Project seeks to contribute to developing EU integration capacities of key line ministries, including the Moldovan Ministry of Environment (MoE). The immediate focus is currently the post-negotiation and implementation phases of the AA. The objective of the ToR is to support the Ministry of Environment to implement its EU-integration related reform Agenda and in particular to assist the Ministry in developing the legal framework and capacities required for the implementation of the Association Agreement. Specifically, the project aims at developing a new Environmental Protection Framework Law in accordance with the environmental commitments in the Association Agreement and taking into account Moldova’s obligations to multilateral environmental agreements. While some progress has been made in the approximation of EU environmental legislation in Moldova, an environmental protection law will provide for more detailed and wide ranging legal requirements in accordance with the Association Agreement commitments and for reformed environmental institutions with the capacity to implement and enforce new environmental laws. Framework environmental protection legislation is a single law that provides the legal and institutional framework for environmental management without having to legislate comprehensively. Normally such legislation declares environmental goals and policy, and lays down basic legal principles and institutional arrangements. Relevant authorities are invested with wide regulatory powers to promulgate subsidiary legislation, addressing environmental issues. Overall, the Environmental Protection Law along with the Environment Strategy for Moldova, recently approved by Government, are strategic documents setting out a road map for the approximation process in the environmental sector and setting priorities for approximate to EU and international norms and standards. Scope of work
The Project will contract an International Consultant to provide assistance in strengthening and enhancing good environmental governance in order to enable the Moldovan Ministry of Environment to meet EU and international standards. The specific objective is the development of a new Environmental Protection Framework Law in accordance with the commitments in the EU Moldova Association Agreement and taking into account Moldova’s obligations to multilateral environmental agreements and best practice. The expert will assess relevant Moldovan legislation in force, and develop a gap analysis/needs assessment for new Environmental Protection Law: develop Action plan for remedying gaps in the Moldovan legislation; assess and address the following key requirements for the new Law: 1. Principles and definitions of environmental law; 2. Environmental goals and policy including, but not limited, to the following areas: a) environmental governance and horizontal issues, including Environmental Impact Assessment and Strategic Environmental Assessment, education and training, environmental liability, combating environmental crime, trans boundary cooperation, access to environmental information, decision-making processes and effective administrative and judicial review procedures; (b) Air quality; (c) Water quality and resource management, including flood risk management, water scarcity and droughts; (d) Waste and resource management and shipment of waste; (e) Nature protection, including conservation and protection of biological and landscape diversity; (f) Industrial pollution and industrial hazards; (g) Chemicals; (h) Noise pollution; (I) soil protection; (j) Urban and rural environment; (k) Environmental fees and taxes; (l) Monitoring and environmental information systems; (m) Inspection and enforcement; (n) eco-innovation including best available technologies ;(a) Mitigation of climate change; (b) Adaptation to climate change; (c) Carbon trading; (d) Research, development, demonstration, deployment and diffusion of safe and sustainable low-carbon and adaptation technologies; (e) Mainstreaming of climate considerations into sector policies; and (f) Awareness raising, education and training. Role of governmental and other stakeholders and their legal competences in the environmental field ; Institutional arrangements; The draft Law should conform to expected legal standards such as the appropriate structure of the law, the use of clear and precise language, coherence of provisions, compliance with Rule of Law standards, and practicability and enforceability of provisions. It should also confirm in respect of user standards of clarity and simplicity; Draft a new Environmental Protection Law based on the above requirements; Draft detailed explanatory notes to help applying these norms; Organise at least one workshops for the Ministry of Environment and other stakeholders to present the proposed draft Environmental Protection Law. Requirements for experience
Academic Qualification
Experience
Competencies
Language requirements Fluency in written and spoken English. Knowledge of Romanian or Russian would be an asset. Documents to be included
Interested individual consultants must submit the following documents/information to demonstrate their qualifications:
Financial proposal
The financial proposal shall specify a total lump sum amount, and payment terms around specific and measurable (qualitative and quantitative) deliverables (i.e. whether payments fall in installments or upon completion of the entire contract). Payments are based upon output, i.e. upon delivery of the services specified in the TOR. In order to assist the requesting unit in the comparison of financial proposals the financial proposal shall include a breakdown of this lump sum amount (including fee, taxes, travel, per diems, and number of anticipated working days). Travel All envisaged travel costs must be included in the financial proposal. This includes all travel to join duty station/repatriation travel. In general, UNDP should not accept travel costs exceeding those of an economy class ticket. Should the IC wish to travel on a higher class he/she should do so using their own resources. In the case of unforeseeable travel, payment of travel costs including tickets, lodging and terminal expenses should be agreed upon, between the respective business unit and Individual Consultant, prior to travel and will be reimbursed. Up to two travel missions are envisaged under this assignment, with a minimum 45 working days in Moldova.
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