National Legal Consultant to support the establishment of the MRV and enforcement system reflecting the provisions of the Directive 2003/87/EC.Vacancy Number: Pr21/02232
Background
The Republic of Moldova (RM) signed an Association Agreement (AA) with the European Union (EU) on 27 June 2014, which has entered into force in September 2014. The AA, has been ratified by the Parliament through the Law No. 112 as of 02.07.2014[1], see specifically Chapter 17 ‘Climate Policies’ and Annex XII of the AA RM-EU, as well as the Governmental Decision No. 1472 as of 30.12.2016 on approval of the National Action Plan on implementation of the AA RM-EU within the period 2017-2019[2]. Article 95 from the AA specifically refers to the cooperation between the two Parties in the area of climate change and ozone layer protection. At present, the Republic of Moldova is working to fulfill its obligations under the AA and to converge further its legislation towards the acquis communitarian in the field of environment protection and climate change. According to the Annex XII of the AA RM-EU, the Government of the Republic of Moldova has undertaken to implement selected basic provisions of the Directive 2003/87/ EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC[1], namely:
These provisions of the Directive shall be implemented by September 2022. The EU installation level MRV framework is implemented through the Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012 (Text with EEA relevance.), further referred to as the Monitoring and Reporting Regulation (MMR). The verification of emissions by independent third-party verifiers is regulated in the EU through the Commission Implementing Regulation (EU) 2018/2067 of 19 December 2018 on the verification of data and on the accreditation of verifiers pursuant to Directive 2003/87/EC of the European Parliament and of the Council, further referred to as the Accreditation and Verification Regulation (AVR). The implementation of the MRV and ensuring operators compliance with the installation level MRV requirements in line with the ETS Directive and its implementing MRR and AVR requires transposition of the relevant ETS provisions into the legal framework of the Republic of Moldova. The legal drafting of the relevant transposing amendments or stand-alone acts of law and/or regulatory orders has not started. Nevertheless, national legislation needs to cover, to the extent feasible, all ETS-related issues that are relevant for the proper and smooth functioning of the ETS- compatible MRV system in Moldova. The ETS Directive has not been transposed yet into national legislation, neither integral nor any articles. Under the EU Clima East project, in 2015, a Report and a Roadmap for the ETS Directive transposition have been developed. Only one of the recommendations of the Report has been implemented and it refers to the establishment of a system for identifying relevant installations (Annex I). Thus, within the EU Clima East project, a questionare has been developed to be used to interview the instalations and to identify those which fall under the ETS Directive. The Ministry of Agriculture, Regional Development and Environment (MARDE) performed this exercise during the year 2017 and the list of 6 instalations, selected after processing the questionaires, has been approved by the Minister Order #11/2018. Due to a lack of knowledge in the field of the ETS Directive application, MARDE has requested to review the list in order to ensure that it is correct and complete. Scope of work
The objective of the assignment is to provide technical support to the Republic of Moldova’s Government in establishing a legal basis and a regulatory framework to the monitoring, reporting and verification of GHG emissions from installations corresponding to the requirements of the ETS Directive, as well as ensuring compliance of the operators with the MRV requirements. Under the guidance of the international consultant, supervised by the EU4Climate National Coordinator, and in close cooperation with Regulatory Impact Assessment national consultant and the staff of the Air and Climate Change Section of the Ministry of Agriculture, Regional Development and Environment, the national legal consultant will be expected to provide the following deliverables:
Requirements for experience
Documents to be included
Interested individual consultants must submit the following documents/information to demonstrate their qualifications:
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. | |||||||||||||||||||||
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