Background

Kosovo is building up and harmonizing its environmental legislation towards EU requirements. Harmonizing of the legislative framework is obligation under the Stabilization and Association Process and subsequent agreement with the European Union for potential membership. This means that countries aspiring to join the European Union must harmonize their national laws, within the ‘acquis communautaire’. Since the obligation of harmonization continues after entry, the harmonization process before joining transforms into an opportunity for these states to organize better their institutions and procedures and to train the staff in daily processes and responsibilities for drafting laws according to the EU model, as well as implementing and enforcing the laws. There is significant progress made related to the legal environmental framework, but implementation and enforcement of the law is  weak. 

Kosovo is not yet a Party to the UNFCCC nor to its Kyoto Protocol, however Kosovo Government considers environmental and climate change as a priority area, and is dedicated to make its contribution to the solution of these global challenges. Moreover, Kosovo is expressing its willingness and is developing a platform to unilaterally ratify all international conventions, protocols and treaties.

Duties and Responsibilities

• 45 working days within the 6 months period (starting from 1st of October 2011  to  31st of March  2012

• Total of 45 days, consultant shall spent 30 working days in Pristina (6 missions each 5 days) and 15 days home work

• Main objective of the assignment for Environmental Legal Expert is to improve the capacities of the Ministry of Environment and Spatial Planning (MESP) to be able to develop a framework national platform and the strategy for approximation of the national environmental legislation with the EU directives.
• The environment legal expert shall also support MESP in developing a strategy for establishing communication with international organizations for ratifying the conventions, protocols and treaties.

Environmental Legal Expert shall coordinate his day-to-day activities and tasks closely with the Director of the Department for Environment Protection in the MESP under direct supervision of UNDP Energy and Environment Programme Analysts. Main duty of the environmental expert is to support MESP on following issues:

Environmental Legal Expert shall coordinate his day-to-day activities and tasks closely with the Director of the Department for Environment Protection in the MESP under direct supervision of UNDP Energy and Environment Programme Analysts. Main duty of the environmental expert is to support MESP on following issues:

• Assessment of Kosovo sector specific environmental legislation and the degree of compatibility with the EU environment directives and Multilateral Environmental Agreements (MEA), identify gaps and inconsistencies.
• Develop training programme and execute 3 trainings focused on specific EU sector directives; MEA implementation; EU progress reports related to the environment recommendation; communication with the international organization and global financial mechanism for environment and climate change projects. The trainings will also cover capacity building in combating environmental crimes.
• Support Kosovo authorities to develop a strategy for communication with International Organizations identifying procedures, requirements, commitments and the needs for ratification of the international conventions, protocols and treaties such: Rio Conventions (Convention on Biological Diversity, United Nations Convention to Combat Desertification and the United Nations Framework Convention on Climate Change), Basel Convention, Kyoto Protocol, etc.
• Support Kosovo authorities to develop a strategy for communication with the global financing mechanisms (GEF, Climate Fund, etc.) and exploring possibilities of Kosovo to access the funds and grants, despite not being member of UN.
• Actively participates in the meetings with different local and international stakeholders involved in the environment & climate change projects (government and non government agencies and institutions, CSO’s, Environment NGO’s, private sector, industry, etc.).  

The expert is expected to achieve the following results: 

The expert is expected to achieve the following results: 

• Within the first month of the assignment the consultant shall produce an assessment report identifying the gaps and non-compliance of main national environmental legislation with the EC environmental legislation, including recommendation for adjustments and modification.

Three ‘one-day’ trainings are organized for the MESP staff providing information on the following:

• Approximation of Kosovo environmental legislation towards EU aquis
• EC Progress report on environmental issues – prepare an action plan and prioritise activities to be implemented by MESP
• Multilateral Environment Agreements, communication with international organization and global financing mechanisms
• Improved capacities of the MESP staff to better implement EU environmental ‘acquis’ and ‘MEAs’.
• Improved communication of Kosovo with International Organizations and better understanding of the procedures, requirements, commitments as well as the needs for ratification of the international conventions, protocols and treaties.
• Better access of Kosovo to global financing mechanisms (GEF, Climate Fund, etc.) despite not being member of UN.
• National platform developed describing clear steps and actions to be taken by MESP towards communication with international organization.
• Description of the role and tasks of the MESP focal points in charge for communication with international organization and global financing mechanism, as well as reporting chain to the high level officials in the ministry.
  

Competencies

• Demonstrated ability in liaising and cooperating with all stakeholders government officials, scientific institutions, CSOs and private sector.
• Strong communications and interpersonal skills.
  

Required Skills and Experience

Education: 

• Master degree or equivalent in law, environmental management or equivalent.

Experience:

• Minimum 5 years of experience in legal environmental related matters.
• Familiar with EU environmental directives, as well as familiar with all international conventions, treaties, protocols, requirements and obligations of the countries towards ratifying of these conventions.
• Experience in progress monitoring (using Tables of Concordance and Implementation Questionnaires) of the transposition and implementation of the EU environmental acquis in the EU candidate and potential candidate countries.
• Experience in providing trainings in implementation and enforcement of environmental legislation, including combating environmental crimes.
• Experience in supporting countries that aspire EU integration and approximation of the national environmental legislation with the EU environmental directives.
• Demonstrated ability in liaising and cooperating with all stakeholders government officials, scientific institutions, CSOs and private sector.

Language:

• Fluent knowledge of English language (spoken and written) required.
• Knowledge of Serbo-Croatian and/or Albanian language is an asset.
• Strong communications and interpersonal skills.