DNIESTER2_National Legal Consultant for screening of water quality-related legislation.
Vacancy Number: Qu24/02936
Contacts:
Ms. Ludmila Gofman.
ludmila.gofman@undp.org
Ms. Maria Tcacenco.
maria.tcacenco@undp.org
Background
The United Nations Development Programme (UNDP) is currently implementing the „Supporting the Moldovan authorities in the sustainable management of the Dniester River” Project that requires the services of a National Legal Consultant for screening of water quality-related legislation
Following the signing of the EU Association Agreement in 2014, the Republic of Moldova committed to gradually aligning its legislation with that of the European Union. Substantial efforts were made to harmonize national laws, particularly in environmental areas such as water quality and resource management. The Water Law, enacted in 2011, and its subsequent regulations were partially adjusted to comply with the EU Water Framework Directive (WFD) and other related directives.
Deadline for submission of proposals: 08 July 2024, 16:30 (GMT+3:00)
For details regarding the vacancy and submission requirements, please visit the page:https://procurement-notices.undp.org/view_negotiation.cfm?nego_id=21384
Scope of work
Following the signing of the EU Association Agreement in 2014, the Republic of Moldova committed to gradually aligning its legislation with that of the European Union. Substantial efforts were made to harmonize national laws, particularly in environmental areas such as water quality and resource management. The Water Law, enacted in 2011, and its subsequent regulations were partially adjusted to comply with the EU Water Framework Directive (WFD) and other related directives.
In 2022, the European Council granted EU candidate status to Moldova, marking a new phase in EU-Moldova relations that requires further alignment of national laws with EU regulations. A National Action Plan for Moldova's EU accession for 2024-2027 was approved by Government Decision No. 829/2023 (HG829/2023 (legis.md)), and in December 2023, the European Council decided to initiate negotiations on Moldova's accession to the EU.
Currently, the country is actively involved in the legislation screening process, commonly referred to as the assessment of alignment between the national legal framework and the provisions of EU legislation, also known as the Acquis communautaire. This process is a crucial step in the accession process, ensuring that the Republic of Moldova, as a candidate country for EU membership, establishes the requisite legal framework to adhere to EU standards and obligations upon accession.
In the context of the screening process for EU accession, the list of EU water quality-related legal acts to be transposed into the national legislation comprise the following:
1. Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008, known as the Marine Strategy Framework Directive, establishing a framework for Community action in the field of marine environmental policy.
2. Regulation (EU) 2020/741 of the European Parliament and of the Council of 25 May 2020, which outlines minimum requirements for water reuse.
3. Council Directive 91/271/EEC of 21 May 1991 concerning urban wastewater treatment, amended by Directive 98/15/EC and Regulations (EC) 1882/2003 and (EC) 1137/2008.
4. Commission Implementing Decision 2014/431/EU of 26 June 2014 concerning formats for reporting on the national programmes for the implementation of Council Directive 91/271/EEC.
5. Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000, known as the Water Framework Directive, establishing a framework for Community action in the field of water policy, amended by Decision 2455/2001/EC and Directives 2008/32/EC, 2008/105/EC, 2009/31/EC, 2013/39/EU, and 2013/64/EU.
6. Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy, amending and subsequently repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC, and amending Directive 2000/60/EC of the European Parliament and of the Council, amended by Directive 2013/39/EU.
7. Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration.
8. Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks.
9. Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources, amended by Regulations (EC) 1882/2003 and (EC) 1137/2008.
A thorough side-by-side comparison of provisions in the EU legislation and existing national legislation regulating the water quality is to be conducted, resulting in the preparation of tables of concordance for each relevant EU legal act. This involves examining the text of both sets of laws in detail to identify where there is alignment, partial alignment, or divergence.
Following a detailed analysis based on tables of concordance, an Informative Note shall be developed summarizing the information on degree of transposition of provisions of EU legislation into the legislation of the Republic of Moldova. In addition, it will delineate articles that have been fully transposed, partially transposed, and those that remain untransposed. Furthermore, it will furnish details concerning acts that have not yet been transposed, along with their prospective incorporation in the National Action Plan for Moldova's EU accession for 2024-2027 or other relevant plans.
The objective of the assignment is to provide legal assistance to the Ministry of Environment of the Republic of Moldova in preparation for upcoming bilateral Moldova-EU legislation screening meetings, scheduled in July 2024.
Being supervised by the Project Manager and/or Team Leader for Components 1-3, and in close cooperation with the representatives of the Ministry of Environment, the National Consultant is expected to perform the following tasks:
1. Develop information notes in English language summarizing the degree of transposition of provisions of each of the listed EU legal acts into the legislation of the Republic of Moldova, following a template to be agreed upon with the Ministry of Environment.
2. Prepare PowerPoint presentations in English language for each of the listed EU legal acts, based on the outcomes of the screening of water quality-related legislation that will include the following sections:
Introduction
I. General context
II. Extent of approximation
III. Institutional structures and administrative capacities
IV. State of play
V. Future plans for approximation and implementation of identified differences
VI. Conclusions
Requirements for experience
QUALIFICATIONS AND SKILLS REQUIRED
Qualifications:
- An advanced degree (Master's or Ph.D.) in law, environment management, policy development, or other relevant fields is required.
Experience:
- At least 5 years of proven professional experience in law-making.
- At least 4 years of working experience in institutional consultancy on the field of transposition of Directives into the national legislation the EU environment and /or climate-related acquis.
- Experience in working within UNDP, UNEP, WB, and/or EU-funded projects or other international organizations would be an asset.
Competencies:
- Excellent knowledge on the mechanism of harmonization of the legislation of the Republic of Moldova with Community legislation, approved by Government Decision No 1345/2006.
- Familiar with the national legislation in the field of water.
- 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. Good working knowledge of English would be an asset.
Documents to be included
1. Offeror's letter to UNDP confirming interest and availability for the individual contractor (IC) assignment, including Financial Proposal (USD) in Annex 2 Upload the signed version of the filled in Offeror's letter to UNDP confirming interest and availability for the individual contractor (IC) assignment. Annex 2 to the Offeror's letter, incorporating the Financial Proposal, shall be filled in mandatorily and includes the detailed breakdown of costs supporting the all inclusive financial proposal. The Financial Proposal shall be additionally submitted directly in the system. Please ensure there are no mathematical errors and that amounts from Offeror's Letter to UNDP Confirming Interest and Availability match with your offer in the system.
2. Motivation Letter Proposal, explaining why he/she is most suitable for the work, including past experience in similar assignments, providing a brief information on above qualifications and methodology on how he/she will approach and conduct the work (if applicable).
3. CV and other documents Provide your personal CV including education/qualifications, professional certifications, and employment records/experience in similar assignments, including at least 3 references.
4. IC_Statement of Health_Individual Contractor.
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