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International Consultant to review draft law on fluorinated gases against the provisions of the Regulation (EU) No. 517/2014 on fluorinated greenhouse gases and EU’s best practices on applying f-gases legislation .

Vacancy Number: Pr20/02133

Location:	Chisinau, Moldova
Application Deadline:	15 Dec 2020, 16:30 (GMT+2:00)
Type of Contract:	Individual Contract
Starting date:	24 Dec 2020
Reference to the project:	EU4Climate Moldova
Expected Duration of Assignment:	Up to 20 working days in the period December 2020 – March 2021
Supporting Documents: Individual Consultant Procurement Notice Oferrors letter Terms of reference OFFEROR’S LETTER TO UNDP CONFIRMING INTEREST AND AVAILABILITY FOR THE INDIVIDUAL CONTRACTOR (IC) ASSIGNMENT UNDP General Conditions of Individual Contract

Background

The requirements of the following national legal documents have been investigated by an international consultant from Germany, in the frame of EU4Climate Project, within the period October 2019 - January 2020, in order to identify the legal gaps:

• The Law No. 852 as of 14.02.2002 on approving the Regulation on trade regime & regulating the use of halogenated hydrocarbons that are depleting the ozone layer;
• The Association Agreement (AA) with the European Union (EU) on 27 June 2014, ratified by the Parliament through the Law No. 112 as of 02.07.2014;
• The GD No. 1472 as of 30.12.2016 on approval of the National Action Plan on implementation of the AA RMEU within the period 2017-2019;
• The GD No. 856 on approving the National Phase-Out Programme for HCFCs for the period 2016-2040;
• The GD No. 1277 as of 26.12.2018[1] on the Establishment and Functioning of the National System for Monitoring and Reporting GHG Emissions and Other Information Relevant to Climate Change;
• The Law No. 277 as of 29.11.2018 on Chemical Substances;
• The Kigali Amendment to the Montreal Protocol;
• The Paris Agreement to the UNFCCC.

Following the legislative gap analysis undertaken, the international consultant from Germany recommended an urgent transposing of the requirements of the EU Regulation 517/2014 on fluorinated greenhouse gases into the national legislation of the Republic of Moldova. The F-gas legislation to be set up in Moldova should cover also the system for reporting F-gas imports and exports, as well as their uses, recycling, reclamation and destruction as well as imports/exports/manufacturing of products and equipment containing such substances.

In consideration of the need to implement a national reporting system according to the requirements under the EU Regulation 517/2014 and Article 7 of the Montreal Protocol, it is recommended to implement the national F-gas reporting according to the Polish country example in the Republic of Moldova. Once established and operational the reporting system will allow the responsible entity to monitor compliance with obligations contained in Regulation 517/2014, relevant EC Implementing Regulations and in the future national Law on fluorinated greenhouse gases, regarding record keeping of equipment (logbook), emission prevention, leakage checking, leakage detection systems and recovery of F-gases from equipment, as well as data reporting. The gap analysis and the report on the harmonized database system to be implemented in the Republic of Moldova, as produced by the
international consultant from Germany in the frame of EU4Climate Project, takes into account the EU best practices and provides guidance on how to integrate the ODS, F-gases and their alternatives, data collection and reporting contours/modules within the software for the Automatic Information System “Register of chemical products placed on the market in the Republic of Moldova”, approved by GD# 535/2020.

Currently, in the frame of EU4Climate Project, two national consultants (technical and legislative) are developing the draft law on fluorinated gases. The draft is expected to be delivered by December 2020.

[1] https://www.legis.md/cautare/getResults?doc_id=112485&lang=ro

Scope of work

The objective of the assignment is to provide technical support to the Republic of Moldova’s Government to reduce fluorinated greenhouse gases in relevant sectors, to contribute to the international efforts to mitigate climate change, and to contribute to transposing into the national legislation the Regulation (EU) No. 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases by reviewing the draft national Law on fluorinated greenhouse gases.

Under the guidance of the EU4Climate National Coordinator and in close cooperation with the staff of the Air and Climate Change Division of the Ministry of Agriculture, Regional Development and Environmental, the international consultant will provide assistance:

• To analyze the draft law on fluorinated gases and the related package required for its Governmental consideration and approval, developed by the national technical and legal consultants and to assess its compliance with the Regulation (EU) No. 517/2014 and other RM’s international commitments;
• To provide feedback and recommendations on its improving based on EU countries’ practice of applying the f-gases legislation.

Requirements for experience

• At least 7 years of experience with activities related to refrigeration and air-conditioning sector, environmental protection, climate change or any other relevant fields; 
• At least 6 years of experience of proven professional experience in legal acts drafting/transposing EU regulations into national legislation and normative acts analysis;
• Familiarity with the Vienna Convention on Ozone Layer Protection and the Montreal Protocol on Substances that Deplete the Ozone Layer, respectively with the United Nations Framework Convention on Climate Change and the Kyoto Protocol, would be an asset; 
• Experience in similar positions in an UNDP, UNEP, WB and/or EU-funded project or other international organization would be an asset. 

Documents to be included

Interested individual consultants must submit the following documents/information to demonstrate their qualifications:  

1. Proposal, explaining why she/he is most suitable for the work, including past experience in similar assignments, providing a brief information on above qualifications and methodology on how she/he will approach and conduct the work (if applicable). 
2. Financial proposal (in USD), specifying a fee per day and total requested amount including all related costs;
3. CV with at least three names for a reference check. 
4. Offeror’s letter to UNDP confirming interest and availability for the Individual Contractor assignment.

Financial proposal

The financial proposal will specify the daily fee, travel expenses and per diems quoted in separate line items, and payments are made to the Individual Consultant based on the number of days worked.

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.