National legal consultant for supporting the development and promote a revised version of Water Law no.272 / 2011.

Vacancy Number: Pr22/02636

Location:Chisinau, Moldova
Application Deadline: 06 Dec 2022, 16:30 (GMT+2:00)
Application Extended deadline:
13 Dec 2022, 16:30 (GMT+2:00)
Starting date: 09 Dec 2022
Reference to the project: Supporting the Moldovan authorities in the sustainable management of the Dniester River
Expected Duration of Assignment:
Submission Instructions:

Proposals should be submitted online by pressing the "Apply Online" button, no later than 6 December 2022, 16:30 (Moldova local time).

Requests for clarification only must be sent by standard electronic communication to the following e-mail: silvia.pana-carp@undp.org. UNDP will respond by standard electronic mail and will send written copies of the response, including an explanation of the query without identifying the source of inquiry, to all applicants.

Supporting Documents:
Terms of Reference
Procurement Notice
OFFEROR’S LETTER TO UNDP CONFIRMING INTEREST AND AVAILABILITY FOR THE INDIVIDUAL CONTRACTOR (IC) ASSIGNMENT
UNDP General Conditions of Individual Contract



Background

Sustainable management of water resources in accordance with the principle of integrated water management is a priority for Moldova. For further development of the water policy and improvement of the regulatory framework, the Ministry of Environment (MoE), with the support of its subordinated institutions, is responsible for ensuring an ongoing dialogue with the neighboring countries on the integrated management of transboundary water resources, with the goal to provide for the quality and quantity of water needed for both sustainable socio-economic development of the country and a healthy environment.

In the process of improvement of the national regulatory framework, and harmonization of the environmental legislation with the provisions of European Union (EU) directives, the national environmental protection system faces many constraints, particularly, related to outdated standards, normative acts, capacity of responsible institutions, shortage of qualified staff in the government sectoral institutes, etc.

The importance of integrated management of the Dniester River is indisputable for the Republic of Moldova. It is the largest river in the Republic of Moldova, covering 70% of the country's water consumption needs, thus being considered a strategic surface water resource for both environmental and socio-economic security of the country.

For the joint Moldovan-Ukrainian management of the Dniester River, a topic of major importance for Moldova is the impact of the operation of the Dniester Hydropower Complex (HPC) on the Moldova’s territory. In the framework of Project "Study of social and environmental impact assessment of the Dniester Hydropower Complex" funded by Swedish Embassy and implemented by UNDP in 2018-2021, there was clearly shown its negative impact on the environment downstream.

According to Water Law no. 272/ 2011, the river basin district management plans (RBDMP) are being developed for a 6-year cycle. It shall be mentioned that the Ukrainian side is also concerned with the development of the Dniester River Basin Management Plan (RBMP) for the years 2025-2030. In that sense, important methodological aspects were harmonized between countries’ experts and institutions, and a Joint Strategic Action Program had been elaborated with assistance of the GEF funded project. The Strategic Action Program (SAP) is one of the key strategic documents of the Commission on Sustainable Use and Protection of the Dniester River Basin. It is based on the findings of the Transboundary Diagnostic Analysis (TDA) for the Dniester River Basin. Both documents have been developed according to the methodology agreed by the two countries and have been extensively consulted. The documents contribute to the Dniester River basin management planning at the national level, as well as support implementation of international commitments to develop joint plans for the transboundary basins. On March 31, 2021, there was signed a Joint Statement on the approval of the Strategic Action Program for the Dniester River Basin for 2021 between the Ministry of Agriculture, Regional Development and Environment of the Republic of Moldova and the Ministry of Environmental Protection and Natural Resources of Ukraine.

Along with attempts to solve the cross-border aspect of the Dniester River management on the platform of the Dniester Commission, currently, the environmental institutions are in an extensive process of functional analysis aimed at streamlining the structure, functions, and capacities in the field of integrated management of water resources.

For details, please refer to the Terms of Reference.

Scope of work

The objective of the assignment is to provide technical support to the Government of the Republic of Moldova in the development of amendments to Water Law no. 272/2011 in line with the requirements of the Water Framework Directive and the proposals of the water authorities.

For detailed information, please refer to Annex 1 – Terms of Reference.

Requirements for experience

I. Education: 

An advanced degree (Master's or Ph.D.) in water, law, economics, climate, environment management, policy development, or other relevant fields is required.

II. Experience: 

  • At least 5 (five) years of professional working experience in water protection and/or in any other related fields;
  • At least 5 (five) years of working experience in drafting law-making and/or transposing into the national legislation the EU water and /or environment-related acquis;
  • At least 3 (three) years of proven professional experience in drafting impact assessment documents supporting legal acts and regulations, and/or normative acts analysis, and/or economic impacts assessments;
  • At least 5 (five) years of relevant professional experience in engagement with a large variety of stakeholders in the water sector (public, private, LPAs, central public authorities, etc.)

III. Competencies: 

  • Excellent knowledge of the legislation in the field of water;
  • Excellent knowledge of the RIA development procedure, as established by the Governmental Decision No. 23/2019;  
  • Excellent knowledge of the procedure for drafting normative acts, as established by Law 100/2017 regarding normative acts;  
  • Strong analytical and report writing skills demonstrated by previous assignments; 
  • Strong interpersonal and communication skills, ability to work with the private sector, demonstrated by previous assignments; 
  • Ability to work under pressure, and to meet tight deadlines demonstrated by previous assignments; 
  • Fluency in Romanian and good working knowledge of English. Knowledge of Russian would be an asset. 

The UNDP Moldova is committed to workforce diversity. Women, persons with disabilities, Roma and other ethnic or religious minorities, persons living with HIV, as well as refugees and other non-citizens legally entitled to work in the Republic of Moldova, are particularly encouraged to apply. 

Documents to be included

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

  1. The proposal, explaining why he/she is most suitable for the work, including past experience in similar assignments, providing brief information on the above qualifications and methodology on how he/she will approach and conduct the work (if applicable). 
  2. OFFEROR’S LETTER TO UNDP CONFIRMING INTEREST AND AVAILABILITY FOR THE INDIVIDUAL CONTRACTOR (IC) ASSIGNMENT
  3. CV with at least three names for a reference check.

Important notice: The applicants who have the statute of Government Official / Public Servant prior to appointment will be asked to submit the following documentation:

  • a no-objection letter in respect of the applicant received from the Government, and;
  • the applicant is certified in writing by the Government to be on official leave without pay for the entire duration of the Individual Contract.

A retired government official is not considered in this case a government official, and as such, may be contracted 

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 will include a breakdown of this lump sum amount (including fees, taxes, travel costs, accommodation costs, communication, and the number of anticipated working days).