EcoContact: International Legal Expert to provide support in development of the Guideline on Appropriate Assessment of Habitats Directive

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Detalii: Categorie: Angajări; 31/05/2023

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TERMS OF REFERENCE

Type of Agreement: Individual Service Contract

Type of expertise: International Environmental Legal Expert

Duty station: Home-based

Languages requirement: English

Duration: up to 13 working days /for period of June 2023- August 2023

Payment arrangements: Payments linked to satisfactory performance and delivery of outputs

BACKGROUND

In September 2021, NGO EcoContact, with the support of Sweden initiated implementation of the project “Green Justice STEPS”. The project is aiming at improving the legal and institutional framework of environmental governance and justice and to achieve stronger involvement and cooperation of all key players in the environmental protection at the national and local levels.

The project activities are designed to implement this objective, taking into account the experience of the EcoContact, as well as its institutional and NGO partners, and undertake a series of studies on the main thematic areas of intervention. As a result, the regulatory and institutional capacity of competent central and local public authorities shall be strengthened and a higher compliance with the implementation and enforcement of environmental law achieved.

The project is implemented by the NGO EcoContact in partnership with the Ministry of Environment of the Republic of Moldova.

The support rendered to the Ministry of Environment consists, among other things, the elaboration of the specific legal document, including guidance materials referring to environmental legislation enforcement.

In the Republic of Moldova, the Habitats Directive (Council Directive 92/43/EEC) is transposed partially. Thus, the provisions of Article 6 para. (3) and (4) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (Official Journal of the European Union L 206 of 22 July 1992), as amended by Directive 2013/17/EU of 13 May 2013, were transposed into national law in 2022, namely in Law no. 86/2014 on environmental impact assessment.

OBJECTIVES AND EXPECTED DELIVERABLES OF THE ASSIGNMENT

The project contract shall be awarded to the international legal expert with appropriate expertise on elaboration of the Appropriate assessment of Habitats Directive (Council Directive 92/43/EEC).

He/she shall elaborate the specific chapters / review and complement the text of the draft Guidelines on Appropriate Assessment of the Habitats Directive for the Republic of Moldova (a distinct normative document elaborated according to the art. 10¹⁰ para. (8) of the Law No. 86/2014 on Environmental Impact assessment.

Task . Review and complement the text of the Draft Guidelines on Appropriate Assessment of the Habitats Directive for the Republic of Moldova for the Republic of Moldova

No	Deliverables	Timeframe WDays
	Project component 2: Capacity-building of public authorities involved in the realization of environmental governance and justice in Moldova increased
1.	Providing legal expertise and elaboration of the draft text (comments, changes, recommendations) on the draft Guidelines on Appropriate Assessment taking into account the specific legal provisions of the national legislation (Law no. 86/2014 on Environmental Impact Assessment)	8 WDs
2	Final review of the document after the Ministry of Environment comments	4 WDs
3.	Online meetings (X3) with the local legal expert / Ministry of environment staff to brief on major changes / adding suggested	1 WD

Management Arrangements:

The international legal expert is required to perform the following task under the supervision of the EcoContact staff and in cooperation with the local legal expert, the author of the draft guidance document and the specific reference person for the Ministry of Environment.

The Project Manager should approve the Deliverables.

PAYMENT MODALITIES

Payments will be done invoice based/ made based on the actual number of days worked, deliverables accepted, and upon certification of satisfactory completion by the project manager.

PROFESSIONAL PROFILE AND CRITERIA FOR SELECTION

The potential candidate shall comply with the following criteria:

University degree in law, human rights, environment protection or other fields relevant to the assignment.
In-depth knowledge of the provisions on the Habitats Directive, the EU Directive on SEA and the EU Directive on EIA.
Knowledge of the environmental assessment frameworks of the Republic of Moldova and CEE region (represent an advantage).
Experience in the practical application of EIA, SEA and AA.

The application shall be submitted via email hr@ecocontact.md with title International Legal Expert on EIM before June 18, 2023 and comprises of the following documents:

CV reflecting the relevant experience
2 professional references for the similar assignment (contact information and organization name)
Financial offer (price for 1 WD, net amount)*

*Republic of Moldova is a part of the various agreements with different countries of the avoiding of the double taxation^[1]. Depending on the country of the fiscal residence of the applicant, the additional documents requested at the contract signatory might include the issue of special certificate from fiscal authorities on avoiding of double taxation.

^[1] Impozitarea internațională Serviciul Fiscal de Stat (sfs.md)