Description of Activity:
Activity 1.2 on "Adoption of legislation in the field of OSH in line with the EU Acquis" intends to provide assistance to the Albanian authorities in the harmonisation process of Albanian legislation on OSH with the EU rules in this field. In particular, support will be provided in transposing the 19 individual Directives of the Framework Directive 89/391/EEC. The transposition of Directives shall consider also the current national legislation and demands a comprehensive comparative analysis the EU and national provisions in respective area. The activity consists of three sub-activities:
- 1.2.1 Elaboration of Table of Concordance - comparative analysis of particular provisions.
- 1.2.2 Recommendations for revision of existing or new legislation.
- 1.2.3 Technical assistance in drafting new, harmonised regulations.
Detailed description of particular steps are describe in the Inception Report of the Project and Component 1 Work Plan document, both available upon request. The Tables of Concordance help to analyse wording of particular provisions of EU Directives with text of various national regulations and analyse the concordance with EU Acquis. According to the structure of missing provisions, a recommendation for revision existing national regulations - or development of new regulations can be provided. Drafted text of revised or new regulations will be verified by the MOLSEAO and prepared for further legislation process.
The work will be carried out in Working Groups appointed by the MOLSEAO, and other Ministries and involved institutions. It will be assist by the project key expert for OSH area, coordinator of the Project Component 1.
Procedure of carrying out the activity:
- Elaboration of Table of Concordance with EN text of Directive (by Component Coordinator - CC).
- Translation of EN Directive to the AL (by translator, Project).
- Elaboration of Table of Concordance with AL text of Directive (by Local Expert - LE).
- Research of national AL legislation in particular areas, insertion of related provisions of national regulations into AL Table of Concordance (ToR AL) (by Local Expert).
- Translation of ToR AL into EN (by translator, Project).
- Comparative analysis of ToR EN - preparation (by International Expert).
- Comparative analysis of ToR AL - preparation (by Local Expert).
- Discussion, exchange of opinion between International Expert, LE and CC.
- Discussion, verification and comparative analysis of the EN and AL text of article by article in the Working Group (estimated 3 full days for each Directive). With participation of International Expert, LE and CC.
- Recommendations for revision of existing or new legislation - done in Working Group (1 day).
- Decision for revision of existing or new legislation (by MOLSAEO).
- Development of the first draft of text of particular provisions of new regulation in EN (by International Expert).
- Translation of the first draft into AL (by translator, Project).
- Discussion and verification of the text in AL, article by article - final draft, carried out in Working Group; estimated 5 full days (participation of International Expert, LE and CC).
- Translation of the Final Draft into EN and submitting to MOLSAEO.
- Verification of EN text by International Expert.
- Submission of final draft to beneficiary.
Objective of the expert´s work:
There is a need to hire an International Short Term Expert, to provide assistance at the transposition procedures from technical and legislative point of view. It means participation on comparative analyses of Tables of Concordance and recommendations for revision of present regulations or drafting new ones, as well as drafting a text of proposed version of new regulations, discussion in the working group and verification of final text of the regulation.
This Terms of References is focused on the selection of an International Expert in the area of occupational safety and health and/or OSH legislation for the first package of three individual Directives transposing under the responsibility of MOLSEAO:
- Council Directive 89/654/EEC of 30 November 1989 concerning the minimum safety and health requirements for the workplace (first individual directive within the meaning of Article 16(1) of Directive 89/391/EEC).
- Directive 2009/104/EC of the European Parliament and of the Council of 16 September 2009 concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC – Codification of Directive 89/655/EEC, as amended by Directives 95/63/EC and 2001/45/EC).
- Council Directive 89/656/EEC of 30 November 1989 on the minimum health and safety requirements for the use by workers of personal protective equipment at the workplace (third individual directive within the meaning of Article 16(1) of Directive 89/391/EEC).
Planned working days allocation:
The planned working days for the hiring of the International Short Term Expert result from the above-mentioned steps under all three sub-activities:
- 1.2.1 - Elaboration of Table of Concordance - comparative analysis of particular provisions.
- 1.2.2 - Recommendations for revision of existing or new legislation.
- 1.2.3 - Technical assistance in drafting new, harmonised regulations.
- Step 6: Comparative analysis of ToR EN - preparation (1 day).
- Step 8: Discussion or results of analysis between IE, LE and CC and conclisuion (1 day).
- Step 9: Verification of ToR in Working Group (1 day).
- Step 12: Development of the first draft of text of new regulation in EN (3 days).
- Step 14: Verification of the draft text article by article in Working Group - final draft (3 days).
- Step 15: Verification of the final EN text (1 day).
Planned working days allocation in total are: 10 days for each Individual Directive
The work is scheduled to be performed from August 2012 to October 2012.
Tasks and duties of the Local Expert:
- Comparative analysis of ToR EN - proposal for text.
- Discussion or results of analysis between with Local Expert and Component Coordinator.
- Participation at the WG on verification of ToR - short presentation on the principles of Directive at the beginning.
- Development of the first draft of text of new regulation in EN.
- Participation at the WG on verification of the draft text article by article.
- Verification of the final EN text (1 day).
- Providing own professional inputs to the Transposition process.
- Quality control on the Albanian-English translations from technical point of view.
- Elaboration of monthly Time sheet and the Invoice form for agreed period of payment.
Output from the Activity:
The general output of the activity is the final draft of respective Individual Directive. Partial outputs under the responsibility of the International Short Term Expert are:
- Table of Concordance analysis in EN version of respective Directive.
- The first draft of new Regulation transposing a respective Directive.
- Verified final EN version of the new regulation.
Supervision of the work: Component 1 Coordinator and Project Team Leader supervise the work and have right to express their satisfaction or reservations to the quality of provided works.