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National Consultant to conduct an assessment of legal implications of the functioning of Dniester Hydro Power Complex

Background

The Dniester HPC has been functioning for many years and various negative environmental impacts and other consequences of its operation have been registered by State Hydrometeorological Service downstream of the Dniester River. Generally, the critical pressures generated by HPC are well known. These are hydropeaking, altered water flow and fluctuating water level, sharp decrease of the natural water temperature values in the downstream river stretch which can be traced up to the Dubasari water reservoir, non-typical high transparency of water and reduced self-purification capacity of the river, drastic slow up of the gravel and sand sediments movement, extensive growth of aquatic vegetation in some river stretches, loss of valuable fish biodiversity and decline of fish population due to both blockage of migratory pattern, and changed features and loss of aquatic habitats, etc. Joint Dniester Expeditions have also indicated severe water quality problems, declining biodiversity and deteriorating ecosystems along the river.

To address cooperation on the hydro-energetics issues, currently, the Agreement on functioning of the Dniester HPC is being drafted and negotiated between the Governments of Moldova and Ukraine. It aims to provide the legal background for the functioning of the Dniester HPC and its further upgrading for full scale operation, as well as to establish responsibilities of both contracting parties in terms of ensuring safety of the HPC functioning, parties’ rights, use of properties, leasing of land, etc. The negotiation process of the Agreement has accelerated during last 2 (two) years, and in 2017, the parties came up with a revised draft of the Agreement. However, because of certain provisions on environmental issues it is not ready for signature

Position Overview

The national consultant will work in close cooperation with an international legal expert contracted by UNDP. The support of the national legal expert will include:

* Evaluation of the possibility to implement the national Moldovan strategies in view of the possibility of extension (upgrade) of the HPC and construction of additional 6 HPP upstream;

* Review of legal aspects of existing national policies of Moldova and Ukraine, legislation, codes, strategies, relevant for transboundary river management and hydropower;

* Conduct in-depth analysis of international commitments of Moldova and Ukraine on water and environmental governance, transnational rivers, public participation, environmental impact assessment, strategic impact assessment, wetlands and wild birds, polluters pay principle (e.g., Espoo Convention, Convention on the Protection and Use of Transboundary Watercourses and International Lakes, Ramsar Convention, Energy Community Treaty, Association Agreements of Moldova and Ukraine with EU, etc.). The consultant will clarify the legal implications for Moldova and Ukraine on the above mentioned and will make recommendations for Moldovan Government in regard to Dniester HPC;

* Clarify the domestic application of Espoo Convention in Moldova and the steps that have to be taken by Moldova for its application in regard to Dniester HPC;

* Analysis of the Rules of exploitation of water reservoirs of Dniester HPC that will include;

a) Legal assessment of the Rules of exploitation of water reservoirs of Dniester HPC in order to evaluate to what extent they ensure the protection of ecosystem services of the in the Dniester downstream to Dniester HPC.

b) Develop recommendation/suggestions on the mechanism of control over the enforcement of the Rules of exploitation of water reservoirs of Dniester HPC to be included in the Agreement on functioning of Dniester HPC.

* Analysis of national legal provisions regarding the lease of land to foreign countries. Propose relevant amendments of national legislation needed to safely give the land on lease for the consolidation of Dniester river bank near the HPS-2;

* Support the international legal expert with other related tasks that might be needed.

Requirements for Experience

I. Academic Qualifications:

* PhD degree in Law and/or other related fields.

II. Years of experience:

* 10 years of professional experience in development/analysis of environmental legal and policy documents.

* 7 years of working experience in the field of environment.

III. Competencies:

* Knowledge in the EU environmental acquis and Multilateral Environmental Treaties and Conventions;

* Knowledge of legal and institutional set up in environmental sector in Moldova and Ukraine;

* Fluency in Romanian and Russian. Good working skills in English;

* Experience in academic field and publishing academic articles/materials would be an advantage;

* Experience in working with international organizations would be an advantage;

Proven commitment to the core values of the United Nations, in particular, respecting differences of culture, gender, religion, ethnicity, nationality, language, age, HIV status, disability, and sexual orientation, or other status.

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.

For more information please visit the UNDP website.

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