Antecedentes

The control of industrial pollution 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 significant transposition of the EU acquis on the control of industrial pollution (three decrees and three rulebooks were adopted on the basis of the Law on Integrated Pollution Prevention and Control, and t wo 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, a full 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.
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 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 may come only after an analysis 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 may be identified. That analysis may call for 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.

Deberes y responsabilidades

Objectives of the assignment: To develop analysis of the current state of transposition of the Industrial Emissions Directive (IED), draft Action Plan for full transposition and Draft structure of the Law on Industrial Emissions.

Job content: Under the direct supervision of the TCNT Programme Manager and in close cooperation and coordination with respective Project Coordinator and legal adviser, the selected consultant will perform the following tasks:

1. To develop gap analysis of the current transposition of the IE Directive in Montenegrin legislative framework in order to identify needs for its full transposition;
2. Based on the gap analyses, prepare the Action Plan including activities, time schedule and cost-estimation for full legal transposition of the Directive;
3. Prepare the Draft structure of the Law on Industrial Emissions;

The Consultant is expected to deliver the following:

1. Gap analysis of the current transposition of the IE Directive in Montenegrin legislative framework;
2. Action Plan including activities, time schedule and cost-estimation for full legal transposition of the IE Directive;
3. Draft structure of the Law on Industrial Emissions;

The deliverables shall be submitted in local language.

Timing and travel: The local consultant will be engaged under the Individual Contract immediately following the recruitment procedure. The engagement will be 25 working days in the period May-December 2017. The consultant will have one (1) visit to Montenegro (duty station: Podgorica) for up to 5 (five) working days. The mission schedule will be determined and approved by the TCNT Programme Manager.

Competencias

• Demonstrates integrity by modeling 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.

Habilidades y experiencia requeridas

Education:

• University degree in the area of environmental, industrial pollution, waste management or similar;

Experience:

• At least five (5) years of professional experience in projects related to environmental protection and/or industrial pollution;
• Experience in transposition of environmental EU legislation, specific experience related to industrial pollution and waste management legislation will be considered as asset;
• Proven record on active involvement in similar assignments/projects;

Language:

• Fluency in English and local language  (written and spoken),
   

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:

1. Interested applicants are requested to submit their applications by May 7th,  2017 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.
2. Please group all your documents into one (1) single PDF document as the system only allows to upload maximum one document.
3. 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".