Antecedentes

Purpose

The purpose of this consultancy is to provide support to the implementation of Council Decision (CFSP) 2019/2111 of 9 December 2019 in support of SEESAC disarmament and arms control activities in South-East Europe reducing the threat of illicit small arms and light weapons and their ammunition and in particular provide on-demand support for harmonisation of arms control legislation for relevant amendments regarding EU legislation on arms control and standardisation throughout the SEE region (2022-2023);

Objective

The objective is to implement an analysis regarding the control of explosive precursors in the six jurisdictions of the Western Balkans meaning Albania, Bosnia and Herzegovina, Kosovo*, North Macedonia, Montenegro and Serbia.

Background information

The South Eastern and Eastern Europe Clearinghouse for the Control of Small Arms and Light Weapons (SEESAC) is a joint initiative of the UNDP and the Regional Cooperation Council. As such, it is an integral part of UNDP’s work in the Europe and the Commonwealth of Independent States (ECIS) region and has, since 2002, worked primarily to strengthen the capacities of national and regional stakeholders to control and reduce the proliferation and misuse of small arms and light weapons, and thus contribute to enhanced stability, security, and development in South-Eastern and Eastern Europe. SEESAC also has a distinguished record of working closely with national Ministries to mainstream gender equality and this aspect will remain central to the program.

Going forward, SEESAC will maintain its long-standing work in South-Eastern Europe the small arms and light weapons and gender equality in security sector reform fields, under the framework of the RCC. The programme will continue and, where possible, scale up the innovative work it has pioneered in fostering confidence between rule of law providers within South East Europe, as well as in the fields of innovation, security and technology. In addition, SEESAC will increasingly focus on sharing the capacity it has developed over the years through line ministries and UNDP offices in order to address community and other security needs beyond the sub-region and provide guidance on introducing gender equality into the security sector.

The overall objective of the project is to contribute to international peace and security by combatting the threat posed by the widespread accumulation and illicit trafficking in small arms and light weapons and their ammunition in and from SEE. At the same time, it enhances regional stability by working within the framework of the RCC and in partnership with other relevant initiatives. The project is directly contributing to the implementation of the EU Security Strategy, the EU SALW Strategy, the Arms Trade Treaty, the UN Programme of Action, the International Tracing Instrument, UN Firearms Protocol, UN Security Council Resolution 1325 and will specifically enhance regional cooperation in combating the threat posed by the spread of SALW and their ammunition. Specifically, the project is contributing to the implementation of the South East Europe Regional Implementation Plan Combatting the Proliferations and Impact of Small Arms and Light Weapons and the Roadmap for a sustainable solution to the illegal possession, misuse and trafficking of Small Arms and Light Weapons (SALW) and their ammunition in the Western Balkans by 2024. The project results are also directly contributing to the implementation of the Sustainable Development Goal 16 on peaceful and just societies, in particular targets 16.1 (Significantly reduce all forms of violence and death rate everywhere) and 16.4 (significantly reduce illicit arms flows).

SEESAC is implementing the Council Decision 2019/2111 in support of SEESAC disarmament and arms control activities in South-East Europe in the framework of the EU Strategy to combat illicit accumulation and trafficking of Small Arms and Light Weapons (SALW) and their ammunition, and the Council Decision 2018/1788 in support of the implementation of the Regional Roadmap on combating illicit arms trafficking in the Western Balkans. In addition to this, SEESAC is implementing the second phase of the Strengthening of Regional Cooperation on Gender Mainstreaming in Security Sector Reform in the Western Balkans project.

Under the above mentioned project it is foreseen that SEESAC can support on-demand support for harmonisation of arms control legislation for relevant amendments regarding EU legislation on arms control and standardisation throughout the SEE region (2022-2023). During the two last regional coordination workshops it was requested by all 6 jurisdictions to further provide support in the field of control of explosive precursors and harmonization of the required legislation with the EU regulatory framework.

Explosive precursors are chemical substances that can be used for legitimate purposes, but that can also be misused to manufacture homemade explosives. Such explosives have been used in many of the recent terrorist attacks in the EU, including those in Paris in 2015, Brussels in 2016, Manchester and Parsons Green in 2017, and Lyon in 2019. To protect citizens from the threat posed by explosives precursors, the European union has taken a number of actions: As of 1 February 2021, Regulation (EU) 2019/1148 will apply which replaces Regulation (EU) No 98/2013. The EU Commission also issued a guidelines document in this regard.

In modern day society there are numerous chemicals used on a daily basis in a wide variety of industrial processes, professional functions as well as in the large and diverse consumer sector. Chemicals are utilised, among others, as intermediates to produce other chemicals, as solvents to dissolve materials, to produce products such as paint, as food ingredients and in end products such as cleaning solutions. Most of these chemicals are traded between businesses for legitimate purposes. In addition, natural or legal persons may also have a legitimate interest in acquiring or using these chemicals outside a professional context, e.g. for hobby purposes.

However, some chemicals have the potential to be misused for the illicit manufacture of homemade explosives. Terrorists and other criminals may seek to purchase the precursor ingredients necessary to produce homemade explosives from the open market or divert them from legitimate uses.

Since 2014, EU-wide rules on the marketing and use of explosives precursors were in place under Regulation (EU) No 98/2013. However, the threat from homemade explosives remains high and continues to evolve. It was therefore necessary to further strengthen and harmonise the system for preventing the illicit manufacture of homemade explosives. Regulation (EU) 2019/1148 of the European Parliament and of the Council of 20 June 2019 on the marketing and use of explosives precursors (hereafter ‘the Regulation’) (1) was thus adopted, repealing Regulation (EU) No 98/2013 with effect from 1 February 2021.

The Regulation establishes harmonised rules concerning the making available, introduction, possession and use of substances or mixtures that could be misused for the illicit manufacture of explosives, with a view to limiting the availability of those substances or mixtures to members of the public, and with a view to ensuring the appropriate reporting of suspicious transactions throughout the supply chain.

In the Western Balkan there is no specific legislation drafted on explosive precursors and as such there is no prohibition nor licensing scheme in place that prevent access to these chemicals by the general public.

In line with the customs tariffs, chemicals can be imported, and their import is registered by Customs of which some are subject to licensing by particular ministries such as the Ministry of Health for drug precursors or the Ministry of agriculture for fertilizers. Chemicals are also regulated in specific laws on chemicals which are partially harmonized with the REACH regulation.

It is agreed that all jurisdictions will draft or amend legislation to harmonize with the EU Regulatory framework in this regard, although it is not clear in several jurisdictions which institutions shall be the competent body. Direct support was requested to UNDP SEESAC to assist and create more clarity in the subject matter.

UNDP SEESAC proposes the following methodology to support:

1. Develop a Table of Concordance document comparing the 2019/1148 with relevant legislation in the 6 jurisdictions (legislation such as customs tariff, law on chemicals, laws on precursors and drug precursors, law on fertilizers and law on flammable liquids and gasses.)
2. Implement a study which chemicals from the list in annex 1 and 2 of the regulation are being imported, produced or exported in the jurisdictions and if any alternative products are on the market.
3. Provides and analysis report providing recommendations regarding the following points:
   1. Table of concordance and gap analysis
   2. Proposal for competent body(ies)
   3. Licensing or prohibition
4. Proposal of an institutional response to control of explosive precursors
5. Template law which can be used and modified by all jurisdictions.

*  References to Kosovo shall be understood to be in the context of the Security Council Resolution 1244 (1999). 

Deberes y responsabilidades

Scope of work:

Under the overall direction and in consultation with the SEESAC Chief Technical Advisor, Consultants will be expected to perform the following tasks in collaboration:

1. Develop a Table of Concordance document comparing the 2019/1148 with relevant legislation in the 6 jurisdictions (legislation such as customs tariff, law on chemicals, laws on precursors and drug precursors, law on fertilizers and law on flammable liquids and gasses;
2. Implement a study which chemicals from the list in annex 1 and 2 of the regulation are being imported, produced or exported in the jurisdictions and if any alternative products are on the market based upon a questionnaire developed by the expert;
3. Implement interviews at jurisdiction levels with relevant individuals (UNDP SEESAC will assist in organizing of these round tables as well translation which will last maximum one day);
4. Develop an explosive precursor report per jurisdictions with the findings containing minimum the following:
   1. Table of concordance and gap analysis;
   2. Proposal for competent body(ies);
   3. Licensing or prohibition;
   4. Proposal of an institutional response to control of explosive precursors;
5.  Presentation of findings during Regional Harmonization Meeting 
6. Template law which can be used and modified by all jurisdictions.

Deliverables

The following deliverables will be required from the Consultants:

Expert 1

*For the presentation of findings during the Regional Harmonization Meeting, there is a possibility that consultants will have to travel to one of the Western Balkans Jurisdiction. The exact venue of the meeting is yet to be confirmed. SEESAC will organize travel and cover the related costs of consultant’s travel related to the meeting.

All deliverables will have to be in English language and quality reviewed, approved and accepted by the SEESAC Project Manager. Payment will be made upon acceptance of deliverables.

Expert 2

*For the presentation of findings during the Regional Harmonization Meeting, there is a possibility that consultants will have to travel to one of the Western Balkans Jurisdiction. The exact venue of the meeting is yet to be confirmed. SEESAC will organize travel and cover the related costs of consultant’s travel related to the meeting.

All deliverables will have to be in English language and quality reviewed, approved and accepted by the SEESAC Project Manager. Payment will be made upon acceptance of deliverables.

Competencias

Corporate competencies:

• Displays cultural, gender, religion, race, nationality, and age sensitivity and adaptability;
• Demonstrates integrity by modelling the UN’s values and ethical standards;
• Promotes the vision, mission, and strategic goals of UNDP.

Functional competencies:

• Excellent knowledge of explosive precursor issues and legislative framework as well as principles harmonization with the EU Regulatory framework;
• Proven research, analytical, and writing skills;
• Good knowledge and understanding of the public sector;
• Ability to express ideas clearly, to work independently and in team;
• Excellent communication skills;
• Proficiency in using Microsoft Office Suite.

Habilidades y experiencia requeridas

Education:

• At least BA in law, political science, social sciences or related field.

Experience

• Minimum 5 years of relevant professional experience, particularly in the area of control of explosive precursors.
• Proven experience in conducting analysis and research, including the design, implementation and management of research, particularly in the field of legislation analysis.
• Extensive knowledge of legislative and policy frameworks related to explosive precursors.
• Experience in working with governments.

Language skills

•           Excellent knowledge of written and spoken English is require

DOCUMENTS TO BE INCLUDED WHEN SUBMITTING THE PROPOSALS.

Application Procedure:

Qualified and interested candidates are asked to submit their applications via UNDP Web site: UNDP in Serbia under section “Jobs” no later than 04 September 2022.

Application should include: 

• CV in English language containing date of birth, contact information (home address, phone number, e-mail) and timeline of work experience (including description of duties).  
• Offeror’s Letter (only PDF format will be accepted) confirming Interest and availability for the Individual Contractor (IC) Assignment. Can be downloaded from the following link: https://www.undp.org/sites/g/files/zskgke326/files/2022-07/confirmation.docx. The Offeror’s Letter shall include financial proposal specifying a total lump sum amount for the tasks specified in this announcement with a breakdown of costs.The applicant is required to indicate in the offeror's letter whether he/she is applying as expert I or expert II. If the applicant is applying for more than one type of services, this should be clearly indicated in the Offeror’s Letter
• Cover Letter – explaining why you are the most suitable for the work should be included in the CV.

In order to apply please merge above listed documents into a single PDF file. The system does not allow for more than one attachment to be uploaded.

The shortlisted candidates may be asked to provide copies of diplomas and any other certificates providing evidence of their education and experience in relevant fields.

Any request for clarification must be sent by standard electronic communication to the e-mail vacancy.rs@undp.org. The procuring UNDP entity will respond by standard electronic mail and will send response, including an explanation of the query without identifying the source of inquiry, to all consultants.

Financial Proposal:

• Lump sum contracts

The financial proposal shall specify a total lump sum amount (USD), and payment terms around specific and measurable (qualitative and quantitative) deliverables (i.e. whether payments fall in installments or upon completion of the entire contract). Payments are based upon output, i.e. upon delivery of the services specified in the TOR.  In order to assist the requesting unit in the comparison of financial proposals, the financial proposal will include a breakdown of this lump sum amount (including travel, per diems, and number of anticipated working days).

Travel

For the presentation of findings during the Regional Harmonization Meeting, there is a possibility that consultant will have to travel to one of the Western Balkans Jurisdiction. The exact venue of the meeting is yet to be confirmed. In case of travel, costs incurred will be covered by project. In general, UNDP should not accept travel costs exceeding those of an economy class ticket. Should the IC wish to travel on a higher class he/she should do so using their own resources.

Evaluation

1. Cumulative analysis

When using this weighted scoring method, the award of the contract should be made to the individual consultant whose offer has been evaluated and determined as:

a) responsive/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%

Only candidates obtaining a minimum of 49 points would be considered for the Financial Evaluation

Additional Information:

• Individual Contract (IC) will be applicable for individual consultants applying in their own capacity.  If the applicant is employed by any legal entity, IC would be issued upon submission of Consent letter from the employer acknowledging the engagement with UNDP. Template of General Conditions on IC could be found on: Template of General Conditions on IC could be found on: https://www.undp.org/sites/g/files/zskgke326/files/2022-07/General_Conditions_for_Individual_Contracts.pdf 
• Reimbursable Loan Agreement (RLA) will be applicable for applicants employed by any legal entity. Template of RLA with General Terms and Conditions could be found on: https://www.undp.org/sites/g/files/zskgke326/files/2022-07/PSU_Individual%20Contract_Model%20Reimbursable%20Loan%20Agreement.docx

In the case of engagement of Civil servants under IC contract modality a no-objection letter should be provided by the Government entity. The ‘no-objection’ letter must also state that the employer formally certifies that their employees are allowed to receive short-term consultancy assignment from another entity without being on “leave-without-pay” status (if applicable), and include any conditions and restrictions on granting such permission, if any. If the previous is not applicable ‘leave-without-pay’ confirmation should be submitted.

Engagement of Government Officials and Employees

• Government Officials or Employees are civil servants of UN Member States.  As such, if they will be engaged by UNDP under an IC which they will be signing in their individual capacity (i.e., engagement is not done through RLA signed by their government employer), the following conditions must be met prior to the award of contract:

(i)       A “No-objection” letter in respect of the individual is received from the Government employing him/her, and;

(ii)     The individual must provide an official documentation from his/her employer formally certifying his or her status as being on “official leave without pay” for the duration of the IC.

• The above requirements are also applicable to Government-owned and controlled enterprises and well as other semi/partially or fully owned Government entities, whether or not the Government ownership is of majority or minority status.   
• UNDP recognizes the possibility that there are situations when the Government entity employing the individual that UNDP wishes to engage is one that allows its employees to receive external short-term consultancy assignments (including but not limited to research institutions, state-owned colleges/universities, etc.), whereby a status of “on-leave-without-pay” is not required.  Under such circumstance, the individual entering into an IC with UNDP must still provide a “No-objection” letter from the Government employing him/her.  The “no objection” letter required under (i) above must also state that the employer formally certifies that their employees are allowed to receive short-term consultancy assignment from another entity without being on “leave-without-pay” status and include any conditions and restrictions on granting such permission, if any.  The said document may be obtained by, and put on record of, UNDP, in lieu of the document (ii) listed above.

Payments will be made only upon confirmation of UNDP on delivering on the contract obligations in a satisfactory manner. Individual Consultants are responsible for ensuring they have vaccinations/inoculations when travelling to certain countries, as designated by the UN Medical Director. Consultants are also required to comply with the UN security directives set forth under dss.un.org