Historique

Montenegro signed a Stabilization and Association Agreement (SAA) on 15 October 2007 and on 15 December 2008 the application for membership in the European Union was submitted. In the period July-October 2009, Montenegro successfully answered the questions contained in the Questionnaire of the European Commission and on 1 May 2010 the Stabilization and Association Agreement (SAA) entered into force. Following the Commission's Opinion on Montenegro's application for candidate status received on 9 November 2010, Montenegro was officially granted the status of EU candidate country on 17 December 2010. The EU membership negotiations began in October 2011 with the adoption of the recommendation of the European Commission to start negotiations, while on 29 June 2012, the Accession negotiations officially started with the process of screening which was completed on 27 June 2013.

In accordance with the logic of the negotiation process, Montenegro is expected to achieve full harmonization of the national legislation and the existing capacity for implementation of legislative acts pertaining to environment and climate change prior to accession. From the perspective of a candidate country, the transfer of EU legislation into national legal system (transposition) is just the first step in adapting to EU standards. Adequate implementation and enforcement of legislation requires considerable investment and adaptation of existing infrastructure, as a result of the acceptance of new standards, which is why this is the only negotiation chapter where long-term adaptation of national systems is expected. It is also a chapter requiring significant administrative adjustments of a candidate country.

The candidate country is expected to draw up internal analyses, define strategic framework and adjust the policy/regulatory framework in accordance with the planned schedule of approximation (harmonizing legislation, investing, ensuring the application and monitoring of legislation), ensure political consensus and establish a structure for full approximation, taking into account all obligations that will result from the membership.

Industrial Emissions Directive (IED) Directive 2010/75/EU of the European Parliament and the Council on industrial emissions (the Industrial Emissions Directive or IED) is the main EU instrument regulating pollutant emissions from industrial installations. The IED was adopted on 24 November 2010. It is based on a Commission proposal recasting 7 previously existing directives (including in particular the IPPC Directive) following an extensive review of the policy.

The IED entered into force on 6 January 2011 and had to be transposed by Member States by 7 January 2013. The IED aims to achieve a high level of protection of human health and the environment taken as a whole by reducing harmful industrial emissions across the EU, in particular through better application of Best Available Techniques (BAT). Around 50,000 installations undertaking the industrial activities listed in Annex I of the IED are required to operate in accordance with a permit (granted by the authorities in the Member States). This permit should contain conditions set in accordance with the principles and provisions of the IED. The integrated approach means that the permits must take into account the whole environmental performance of the plant, covering e.g. emissions to air, water and land, generation of waste, use of raw materials, energy efficiency, noise, prevention of accidents, and restoration of the site upon closure. The permit conditions including emission limit values must be based on the Best Available Techniques (BAT). In order to define BAT and the BAT-associated environmental performance at EU level, the Commission organizes an exchange of information with experts from Member States, industry and environmental organizations. This work is coordinated by the European IPPC Bureau of the Institute for Prospective Technology Studies at the EU Joint Research Centre in Seville (Spain). This process results in BAT Reference Documents (BREFs); the BAT conclusions contained are adopted by the Commission as Implementing Decisions. The IED requires that these BAT conclusions are the reference for setting permit conditions. For certain activities, i.e. large combustion plants, waste incineration and co-incineration plants, solvent using activities and titanium dioxide production, the IED also sets EU wide emission limit values for selected pollutants. The IED contains mandatory requirements on environmental inspections. Member States shall set up a system of environmental inspections and draw up inspection plans accordingly. The IED requires a site visit to take place at least every 1 to 3 years, using risk-based criteria. The IED ensures that the public has a right to participate in the decision-making process, and to be informed of its consequences, by having access to permit applications, permits and the results of the monitoring of releases. In addition, through the European Pollutant Release and Transfer Register (E-PRTR). Emission data reported by Member States are made accessible in a public register, which is intended to provide environmental information on major industrial activities.

The control of industrial pollution in Montenegro is governed by the Law on Integrated Pollution Prevention and Control and the Law on Environment and a number of implementing regulations adopted on the basis of the laws, which resulted in partial transposition of the EU acquis on the control of industrial pollution, due to the previous alignment with EU Directives repealed by the IED (three decrees and three rulebooks were adopted on the basis of the Law on Integrated Pollution Prevention and Control, and two rulebooks on the basis of the Law on Environment). With Law on Integrated Pollution Prevention and Control from 2005 and implementing regulations adopted in 2008-2012, partial transposition has been achieved of the following: Directive 96/61/EC as amended by Directive 2003/35/EC, Directive 2003/87/EC, Regulation (EC) 1882/2003, Regulation (EC) 166/2006, codified as Directive 2008/1/EC. This law was amended in July 2015 in order to extend the deadline for existing facilities obliged to obtain IPPC licenses until 1st January 2018.

The transposition of the requirements (recast) summarized by Directive 2010/75/EC on Industrial Emissions (IED) is at moderate stage and requirements have been transposed in the Law on Integrated Pollution Prevention and Control, Law on Waste Management, Rulebook on Waste Incineration, and the Decree on Limit Values of Emissions from Stationary Sources. Ministry of Sustainable Development and Tourism plans to fully transpose the Directive on Industrial Emissions by enacting a separate Law on Industrial Emissions.

That came after an analysis that has been conducted in order to establish the existing transposition level of the EU acquis in this area on the basis of which areas of non-compliance of Montenegro’s legal framework was identified. The analysis refers to the amendments to the Law on IPPC, Law on Air Protection, Law on Water and Law on Waste Management, which would remove the provisions identified as non-compliant with the (future) Law on Industrial Emissions.

From the perspective of a candidate country, transposition of EU regulations into the national legal system is only the first step in adapting to EU standards. Adequate implementation and enforcement requires significant investment and adaptation of existing infrastructure, as a consequence of the adoption of new standards, which is why this is the only negotiating chapter for which a long-term adaptation of national systems has been anticipated.

As regards IPPC installations, the original list consisted of 10 plants, three of which ceased operations. So far, four integrated permits have been issued for existing installations, two of which at the local level, and a permit for one plant. In accordance with the timetable provided under national legislation, only one company did not submit the application, one is in the process of privatization and one awaits the decision of the Energy Community with regard to fulfillment of conditions for the exemption from the permit obligation. By changing the law, the deadline for issuing the permits was postponed to 2020.

As an EU candidate country, Montenegro is in the process of gradual alignment of its legal, regulatory and institutional framework with requirements of the EU environmental acquis. In addition, Montenegro will be negotiating the transitional periods for heavy investment directives, including the relevant parts of the Industrial Emissions Directive.

Due to the complexity of the assignment, it will be completed by engagement of experts’ team, consists of 4 individual experts: i) Lead Expert on Industrial Emissions Directive (IED); ii) EU Approximation Expert; iii) Legal Expert and iv) Financial Expert.

The Ministry of Sustainable Development and Tourism will establish and coordinate Working Group for the preparation of the Law on Industrial Emissions and technical/working groups/s for the preparation of the Directive Specific Implementation Plan in order to ensure smooth implementation of activities as  elaborated in the ToRs.

Devoirs et responsabilités

The objective of this assignment is to support the accession negotiations of Montenegro, by providing the comprehensive transposition and implementation plan for the full application of the Industrial Emissions Directive in Montenegro, as well as the priority setting for the implementation; including identification of needed actions, cost-assessments and timetables for implementation.

Under the supervision of Towards Carbon Neutral Tourism Programme Manager and coordination of the Lead expert for Industrial Emissions Directive (IED), the consultant will work on all financial aspects of the IED Directive Specific Implementation Plan (DSIP), and provide inputs to the process of elaboration of the draft Law on Industrial Emissions.

Directive Specific Implementation Plan for the Industrial Emissions Directive will have the following structure:

• Objectives and requirements of Directive 2010/75/EU;
• Administrative responsibilities on transposition and implementation;
• Identification of the current status of implementation of the relevant EU acquis in the targeted areas;
• Actions carried out for implementation: Inventory of activities and installations falling within the scope of Directive 2010/75/EU;
• Responsibilities of the competent authorities regarding implementation;
• Administrative capacities for implementation of action plan;
• Situation with integrated permitting at operators level;
• Actions for closing the identified gaps;
• Cost assessment;
• Financing plan;
• Plan for implementation measures at operators level in order to achieve directive requirements;
• Implementation timetable

In close cooperation and coordination with the EU Approximation Expert, Legal Expert and Lead Expert, the Financial Expert will conduct the following activities:

• Conduct set of interviews and collect necessary data from state institutions and individual installations;
• Estimate and prepare the analyses and the report on the expected implementation costs, including but not being limited to the following elements: Estimation of costs for legal and institutional actions; Estimation of required level of investments and other expenditure for closing the identified gaps per identified actions for each operator; Implementation timetable based on the implementation costs and financial options based on business development and market policy and other criteria as identified in the Methodology; Overview of implementation costs per sector;
• Assess and prepare report on all viable financing options and sources for the sector and individual operators, including but not being limited to the following elements: Possible sources of financing; Justification of possible financing levels; Affordability criteria consideration for operators to undertake investment.
• Provide necessary inputs for the assessment of the costs of implementation of the Law on Industrial Emissions other than deriving from the DSIP.

Deliverables:
 

• Report on the expected implementation costs (will be integrated part of DSIP);
• Report on all viable financing options and sources (will be integrated part of DSIP);
• Inputs for the assessment of the costs of implementation of the Law on Industrial Emissions

Timing and travel: Financial expert for Industrial Emissions Directive (IED) will be engaged in total 25 working days under the Individual Contract immediately following the recruitment procedure. The engagement will be in the period end-February - December 2018. It includes home based work, on the basis of inputs provided by the beneficiary/stakeholders, combined with the travel to Montenegro during up to 3 missions in the total duration of 9 working days.

The outputs will be delivered in following schedule:

• May 2018 - Draft Report on the expected implementation costs; Draft Report on all viable financing options and sources;
• November 2018 - Final Draft Report on the expected implementation costs; Final Draft Report on all viable financing options and sources; Inputs for the assessment of the costs of implementation of the Law on Industrial Emissions.

Reporting language:

• Deliverables 1 and 2 will be delivered in English and Montenegrin; Deliverable 3 will be delivered in Montenegrin.

Compétences

• Demonstrates integrity by modelling the UN’s values and ethical standards;
• Promotes the vision, mission and strategic goals of UN/UNDP;
• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
• Ability to lead strategic planning, results-based management and reporting;
• Builds strong relationships with clients, focuses on impact and result for the client and responds positively to feedback;
• Consistently approaches work with energy and a positive, constructive attitude;
• Demonstrates good oral and written communication skills;
• Demonstrates ability to manage complexities and work under pressure, as well as conflict resolution skills.

Qualifications et expériences requises

Education:

• University Degree in Economics/Finance/Public Administration; Master’s Degree will be considered as advantage.

Experience:

• At least 10 years of professional experience in the relevant field (economic/financial analysis);
• Work experience in the EU and other funded projects in the fields related/similar to the contract is considered as an advantage;
• Previous experience in projects in the region and Montenegro related to the EU approximation/accession, in particular environment and climate change related issues.

Languages:

• Knowledge of English and local language is required.

Criteria for selection:

Combined Scoring method will be used. When using this weighted scoring method, the award of the contract should be made to the inidividual consultant whose offer has been evaluated and determined as: (i) responsive, compliant, acceptable, and (ii) 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% (Background and education 10%; Relevant previous experience 20%; Substantial knowledge/Required competencies 30%; Required language 10%);
• Financial criteria weight - 30%.

Only offerors obtaining a minimum 490 points for technical criteria will be considered for the financial evaluation. For more information on procurement methodology for Individual Contractors, please refer to Procurement Notice.

Application procedure:

Interested applicants are requested to submit their applications by February 7, 2018 by using the Apply now button. The application should contain a duly completed Personal History Form (P11) that can be downloaded from http://www.me.undp.org/content/montenegro/en/home/operations/jobs.html. Please note that UNDP jobsite system allows only one uploading of application document, so please make sure that you merge all your documents into a single file.

Only the short-listed applicants will be contacted and requested to submit a letter of interest including a price quotation indicating the lump sum (in EUR) requested for the work and travel envisaged in the section "Description of Responsibilities".