International Consultant for Environmental Impact Assessment (EIA) and Strategic Environmental Assessments (SEA)

Albania is situated in the South-East of Europe. It has a population of 3.2 million and its surface area is 28,748 km2. 48.7% of the population live in urban areas, while 51.3% live in rural areas. The country is divided into 12 regions and has 65 municipalities and 309 communes. Presently, Albania is a potential candidate country for the European Union. In June 2006 it signed the Stabilisation and Association Agreement (SAA) and in April 2009 the country applied formally for membership. A number of commitments have been made by the Government within this context and all the efforts the country is currently undertaking are geared toward achieving the goal of EU accession. The environmental administration was set up in the early ‘90s and now consists of the Ministry of Environment, Forestry and Water Administration (MoEFWA), the Regional Environmental Agencies, the Agency for Environment and Forestry, which are environmental bodies under the main central and local authorities, as well as inter-ministerial organisms, approved by the Council of Ministers to address important environmental issues. In order to improve Albania’s capacity to ensure sustainable development and to register clear progress towards EU membership the capacity of the relevant institutions must be strengthened, especially for implementation and enforcement capacity. The environment objectives of the government programme are the following: 1. Increasing investments in environmental infrastructure especially in solid waste, air quality, sewage treatment, hotspot remediation, etc, 2. Adopting the EU legal standards, 3. Implementation and enforcement of environmental legislation, 4. Raising communication and awareness, and 5. Improving and strengthening the environmental monitoring system. Within the One UN umbrella a programme has been designed to support the environmental administration in its efforts to comply with the EU acquis. It plans to provide assistance in the field of horizontal legislation (i.e. environmental impact assessment and public access to environmental information and awareness), in the field of financial and economic instruments for environment, and in the waste management field. Moreover it proposes to foster the integration of environment into sectorial policies. The programme has five components as described below: Component 1: Strengthening the capacity to tackle the Environment Impact Assessment and the Strategic Environmental Assessment The programme proposes to review the current legislation related to Environmental Impact Assessment (EIA) and Strategic Environmental Assessments (SEA) and to make recommendations in order to fill in the identified gaps. Special attention will be given to public participation, by supporting local authorities to facilitate and incorporate public comments on environmental management issues and to the impact on habitats/species while conducting the environmental assessment procedure. Component 2: Capacity building at national level for raising environment awareness The project proposes to organise targeted capacity building events aiming at raising the awareness level of various groups which can, afterwards, contribute significantly to introducing the necessary changes. Workshops and information dissemination on specific policies, such as waste management, biodiversity, climate change for selected target groups will be held with the intention of increasing the level of technical and/or general knowledge where appropriate. Component 3: Establishment of mechanisms to enable the financial self-sustainability of environmental activities The activities under this component propose to support the development of the mechanisms for co-financing environmental investments in Albania, to investigate more alternatives and to support the development and adoption of economic instruments to promote prevention and reduction of pollution, energy efficiency and investments in cleaner production technologies and to prepare a mechanism for fiscal incentives including collection and recovery of fines. Component 4: Grants for small scale waste management infrastructure The main objective of the small-scale waste management scheme is to provide both technical and financial assistance to local public authorities responsible for waste management. The programme aims to enhance waste management systems in small localities and providing an alternative to the limited public investment in this sector. Component 5:Institutional strengthening to mainstream environment in other sectors’ policies There is a need for enhanced inter-ministerial and inter-institutional cooperation in the achievement of two key objectives in the environmental field, i.e. sustainable development and accession to the European Union. This coordination and cooperation needs to take place at both the working level and at the most senior level. At present, inter-institutional cooperation is organized through ad-hoc working groups (with representatives of different institutions) for the preparation of draft laws or strategies, steering committees of projects and inter-ministerial committees. For project description please see http://www.undp.org.al/index.php?page=projects/project&id=208 and for the full project document please seehttp://www.undp.org.al/elib.php?elib,1081.. The international consultant for EIA/SEA will be hired to support the implementation of Component 1. Albania is currently undertaking measures for its further development. This should be planned in a sustainable manner, considering the polluters pay, users pay and precautionary principles. The first key step of integrating environment in other sectors is the Environmental Impact Assessment (EIA) and Strategic Environmental Assessment (SEA). EIA is the most well known of environmental tools for identifying, predicting and evaluating the potential environmental effects of a development project. It is used in deciding whether a project proposal should go ahead and particularly to improve project design and implementation. The EIA process provides a means for comparing alternative options, and involves public participation and consultation with stakeholder groups. The stated environmental priority for the Government is “the creation of a horizontal legislation legal base in support of the establishment and development of a contemporary environmental impact assessment system as well as its perfection”. “The regulation, simplification and perfection of the environmental licensing procedures, in order to ensure the full integration of the environmental component into all government decision-making levels” is also mentioned. Albania currently has some legislation related to the EIA (Law no.8990/23.01.2003 and its subsequent legal acts), however this needs significant improvement. The EU-funded CARDS project currently under implementation foresees full transposition of the EIA Directive. Its full implementation is foreseen for 2012. The competent authority for the implementation of the EIA is the MoEFWA and its 12 Regional Environmental Agencies (REAs). The REAs are responsible for screening and gathering all requests as well as implementing the procedures for the projects subject to EIA. They also provide guidance on the information to be supplied by the developer. Depending on the type of projects, development consent is granted by either the MoEFWA or the REAs after consultation of the concerned environmental authorities, the public as well as a Commission within the Ministry. Other States are also consulted in application of the Espoo convention. A National Methodology for EIA is approved. The Strategic Environmental Assessment (SEA) related activities are in a very preliminary stage. A draft law exists but does not ensure full transposition of the SEA Directive. Its full implementation is scheduled for 2011. A SEA national methodology may be needed. Related capacity building is required within the MoEFWA. The current programme proposes to analyse the current situation and identify the legislative, administrative and institutional needs and propose measures for their accomplishment.

Duties and Responsibilities

The international consultant for EIA/SEA will be hired to assist and to 1. Review and identify non-compliance points of Albanian legislation with EIA and SEA Directives and supplement the legal framework. 2. Develop institutional framework capable of applying the EIA and SEA procedures flexibly and in a result-oriented manner with related procedures and administrative processes. 3. Training. This international consultant for EIA/SEA is required to perform the following: 1. Review and identify non-compliance points of Albanian legislation with EIA and SEA Directives and supplement the legal framework The international consultant will review all existing and proposed environmental legislation relating to EIA and SEA in Albania. This will include all levels of Albanian legislation. The international consultant will compile a detailed legal and technical analysis of gaps between Albanian legislation and the targeted EU Directives. The international consultant shall note that a number of main tasks of approximation will have been accomplished by the CARDS 2006 project presently in progress, mainly in relation to EIA. After this analysis, the international consultant will suggest the measures to be taken, as additional transposing or implementing measures may be needed, and will prepare a plan for supplementing the legal framework in the EIA and SEA field. The international consultant will draft amendments and regulations that are needed for supplementing the legal framework. The international consultant will ensure that the legislation and procedures also support the implementation of the UNECE Conventions on: - Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus, Denmark, 25 June 1998). - Environmental Impact Assessment in a Trans-boundary Context (Espoo, Finland, 25 February 1991). - The Trans-boundary Effects of Industrial Accidents (Helsinki, Finland, 17 March 1992). The international consultant will review in detail the legal and procedural requirements for public participation in regard to EIA and SEA, from the points of view of both European Community legislation and Albanian legislation. The international consultant will draft and propose actions for closing the identified gaps to ensure proper public participation in the EIA and SEA process. If needed, the international consultant will prepare SEA national methodology. This task will be performed in close cooperation with the international senior consultant and the national legal/institutional consultant. 2. Develop institutional framework capable of applying the EIA and SEA procedures flexibly and in a result-oriented manner with related procedures and administrative processes The objective of this task is to develop institutional framework and capacity at central and local levels in order to apply the EIA and SEA procedures. Specifically, this task is expected to result in a series of procedural documents that define what actions are to be taken by which individuals in which institutional administrative units, in order to execute the administrative and regulatory enforcement actions that are required by the legislation. The international consultant will · Conduct an assessment of the institutional administrative units, both central and local, in order to define how their present capacities (in terms of staffing, staff capability and equipment) compare with that necessary in order to fulfil the units’ mandate. The international consultant will produce for each unit: - An assessment of needs for training in relation to the procedural requirements of EIA and SEA. - An assessment of the needs for equipment in relation to these requirements. · Design a coherent set of procedures for the administration of EIA and SEA in Albania according to the legislation. The international consultant shall consider, where it may be appropriate, to have interim procedures that will apply in the period before units reach their full capacity and capability. The international consultant will in such cases design and propose both interim procedures and final procedures; · Develop an operational system for carrying out the screening and scoping procedures while implementing the EIA and SEA directives; · Prepare a handbook for officials at central and local level on how to carry out screening and scoping; · Prepare a booklet that will provide in a clear and concise format the information related to the EIA process; the booklet will contain the following information applicable to EIA in Albania in conformity with European Community Law: - circumstances under which an EIA is required; - how the scope of an EIA is to be determined; - the steps for conducting an EIA; - responsibilities during the process; and - availability of additional sources of information. The Consultant will review the guidance relating to EIA that is produced in the EU Member States in booklet form, and will propose an appropriate model for the purposes of the present project. · Propose methods to assess the impact on habitats/species while conducting the EIA and SEA procedure (this task will be performed in close cooperation with the national consultant on habitats and species); 3. Training In order to strengthen the general understanding of the aforementioned legislation and procedures, the international consultant will organise training sessions. The following activities are envisaged: · Prepare and deliver a training programme on the EIA/SEA; "training of trainers" modules included (this task will be performed in close cooperation with the international trainer); · Prepare training course material on the implementation of the EIA/SEA for the personnel of the public administration. The role of the international consultant for EIA and SEA will also involve providing specific technical input and advice, mentoring and advice to a national consultant counterpart and to the broader project team. Lists of deliverables and timeline 1. Review and identify non-compliance points of Albanian legislation with EIA and SEA Directives and supplement the legal framework – 12 months after contract signature · Legal and technical gap analysis related to Albanian legislation related to EIA and SEA Directives – 2 months after contract signature; · Recommendations for necessary measures and action plan to supplement the legal framework in EIA and SEA field with the related workplan – 4 months after contract signature; · Draft of legal acts to supplement the legal framework – 6 and 12 months after contract signature; · Recommendations for actions to ensure proper public participation in the EIA and SEA process – 4 months after contract signature; · SEA national methodology (if needed – to be decided together with the Ministry of Environment, Forests and Water Administration) – 8 months after contract signature. 2. Develop institutional framework capable of applying the EIA and SEA procedures flexibly and in a result-oriented manner with related procedures and administrative processes – 12 months after contract signature · Assessment of the institutional administrative units, both central and local comprising: - An assessment of needs for training in relation to the procedural requirements of EIA and SEA – 3 months after contract signature. - An assessment of the needs for equipment in relation to these requirements – 3 months after contract signature. · Set of procedures for the administration of EIA and SEA in Albania according to the legislation prepared (interim procedures and final procedures) – 10 months after contract signature; · Operational system for carrying out the screening and scoping procedures while implementing the EIA and SEA directives developed – 10 months after contract signature; · Handbook for officials at central and local level on how to carry out screening and scoping prepared – 10 months after contract signature; · Booklet on the EIA process prepared; the booklet will contain the following information: - – 11 months after contract signature - circumstances under which an EIA is required; - how the scope of an EIA is to be determined; - the steps for conducting an EIA; - responsibilities during the process; and - availability of additional sources of information. · Methods to assess the impact on habitats/species while conducting the EIA and SEA procedure prepared – 6 months after contract signature; 3. Training – 12 months after contract signature · Training programme on the EIA/SEA; "training of trainers" modules included prepared and delivered – 12 months after contract signature; · Training course material on the implementation of the EIA/SEA for the personnel of the public administration prepared – 12 months after contract signature. In case additional funds will be mobilised, the contract will be amended accordingly and the following additional tasks will be performed: A: Develop institutional framework capable of applying the EIA and SEA procedures flexibly and in a result-oriented manner with related procedures and administrative processes · Design procedures to ensure full and effective communication and co-operation between the various institutional administrative units including flow of information, and between them and the other governmental and non-governmental stakeholders in regard to EIA; · Estimate the implementation cost and the associated economic impact for EIA and SEA Directives and develop a system of charges to cover the public administration costs of carrying out screening and scoping and other EIA-related expenses, based on the analysis of the demands on human resources (this task will be performed in close cooperation with the international consultant in economics); · Initiate the process of establishing a database system for the information on the EIA procedures at national and local levels (this task will be performed in close cooperation with the national IT consultant). B: Training · Deliver the training sessions on the implementation of the EIA/SEA for the personnel in the public administration; · Prepare and implement a training programme for the national and local environmental officers who are to be trained in technical and administrative matters related to EIA system; · Prepare and implement a training programme for EIA/SEA developers (this task will be performed in close cooperation with the international consultant specialised in preparing EIA). Within the 12 months minimum 4 missions to Tirana will take place. Throughout the assignment the successful consultant will provide on-line technical support and advice as per the aforementioned tasks. Reporting, monitoring, logistics Besides the deliverables mentioned under the outputs above, the international consultant will provide inputs for the preparation of the following reports which are supposed to be prepared throughout the project implementation: · An Inception Report eight weeks after the start of the contract. It will include a detailed review of existing relevant information and suggested amendments to the initial work plan and activities. · Brief Monthly Reports outlining activities in the previous month and presenting progress against the current programme in bar chart format, including a chapter with “Issues of Concern” related to the smooth implementation of the project. · Formal Quarterly Progress Reports describing activities and progress, identifying any constraints, and indicating progress in the various activities. The reports should include summaries of technical papers prepared. The reports should present activities in the forthcoming quarter, identifying any changes to the original programme. · Any other report that may be required within the general framework of the One UN programme. The monitoring will be done in line with those specified in the project document. The international consultant for EIA/SEA will work closely with the other project consultants, under the overall supervision and guidance of the International Programme Manager/Chief Technical Specialist (CTS) of the “Support to respond to forthcoming EU accession related environment requirements” programme with inputs from the international senior consultant, where appropriate. The programme has its own office space and facilities that will be made available to the consultant.

Competencies

- Master Degree in economics, law, administration, social, environment science or other related disciplines; - Thorough knowledge of EIA and SEA Directives; - Knowledge in environmental institution-building; - Knowledge in EU enlargement processes in Central and Eastern Europe; - Fluency in English; - Good analytical and drafting skills; - Good negotiating skills; - Ability to work in a team; - Excellent communication skills; - Familiarity with computers and word processing; - Proven personal maturity.

Required Skills and Experience

- Minimum 15 years of professional experience, preferably in environmental regulation and/or other related subjects; - Minimum 5 years of experience in projects of approximation and implementation of EU environmental policies in Central and Eastern Europe with specific focus on environmental assessment; - General experience in environmental institution-building projects; - General experience in providing training sessions. Specific professional experience - Practical experience in analysis of environmental assessment processes and systems in various countries in Eastern Europe; - Practical experience in preparing procedures, methodologies and guidelines; - Practical experience in institutional strengthening Evaluation of Applicants: Individual consultants will be evaluated based on the Cumulative Analysis metodology (weighted scoring method), where the award of the contract will be made to the individual consultant whose offer has been evaluated and determined as: a) Resposive / compliant / acceptable, and b) Having received the highest score out of a pre-determined set of weighted technical and financial criteria specific to the solicitation. · Technical Criteria weight; (70%) · Financial Criteria weight; (30%) The following criteria and allocated points will be used in the Technical Evaluation: · Demonstrated thorough knowledge and understanding of EIA and SEA Directives (25 points); · Hands on experience in analysis of environmental assessment processes and systems in various countries in Eastern Europe and in preparing procedures, methodologies and guidelines; general experience in in environmental institution-building and strengthening projects and in providing training sessions (35 points); · Demonstrated experience in EU enlargement processes in Central and Eastern Europe (15 points); · Fluency in English (spoken and written), proven record in concise writing of technical documents in English language, good analytical and drafting skills, good negotiating skills, ability to work in a team, excellent communication skills, familiarity with computers and word processing, proven personal maturity (25 points). Only Individual Consultants obtaining a minimum of 70% of the obtainable points of 100 points in technical evaluation would be considered for the Financial Evaluation. The total number of points allocated for the price component is 100. The maximum number of points will be allotted to the lowest price proposal that is opened and compared among those technically qualified candidates who have attained a minimum of 70% score in the Technical Evaluation. All other price proposals will receive points in inverse porportion to the lowest price. Other Information: This is a non staff contract under Individual Contract (IC) modality of hiring of the UNDP. Individuals engaged under an IC serve in their individual capacity and not as representative of a government institutions, corportate body or other authority external to UNDP. The incumbent shall not be considered as staff of UNDP, the UN common system or the government and are therefore not entitled to any diplomatic privileges or any other special status or conditions. Qualified women and individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. Qualified candidates are requested to apply online via this website. The application should contain: Cover letter stating your interest in and qualifications for the advertised position. Please paste the letter into the "Resume and Motivation" section of the electronic application. Filled P11 form (blank form can be downloaded from http://www.undp.org.al/index.php?page=bus_center/vacancies); please upload the P11 instead of your CV. Financial Proposal – daily fee in USD Incomplete applications will not be considered. Please make sure you have provided all requested materials UNDP Programme in Albania applies fair and transparent selection process that would take into account the competencies/skills of the applicants as well as their financial proposals. Applications received after the closing date will not be considered. Due to large number of applications we receive, we are able to inform only the successful candidates about the outcome or status of the selection process.

International Consultant for Environmental Impact Assessment (EIA) and Strategic Environmental Assessments (SEA)