The Paris Agreement aims for “enhancing adaptive capacity, strengthening resilience and reducing vulnerability to climate change”. Increasing the ability to adapt to the adverse impacts of climate change and foster climate resilience and low greenhouse gas emissions development is one of the main ways set in Article 2.1 of the Paris Agreement to strengthen the global response to the threat of climate change, in the context of sustainable development and efforts to eradicate poverty.

Under the Paris Agreement, Ukraine has committed to develop and regularly submit to UNFCCC its National Adaptation Communication, to set and implement its national adaptation goals with NDC framework. Ukraine will need to undertake continuous iterative adaptation planning and action, and to communicate about those actions to the international community.

UNDP’s Strategic Plan (2018 – 2021) lays out a commitment to enhance national prevention and recovery capacities for resilient societies. In this context, UNDP is currently supporting a number of countries to implement a portfolio of climate change adaptation projects, which have designated sets of indicators to track project activities and impact. Among these initiatives is one that focuses on supporting Ukraine to advance its national adaptation plan (NAP) process, which is meant to result in the integration of climate change considerations into planning and budgeting systems at the country level.

In order to implement its international commitments, Ukraine has already developed national legislation framework on both mitigation and adaptation, including the State Climate Policy Concept till 2030 and Action Plan to Implement State Climate Policy Concept till 2030 adopted in December 2016 and 2017 respectively. Both documents foresee detailed mitigation actions and only some basic steps on adaptation. For example, the new Ministry of Energy and Environment Protection (MEEP) of Ukraine, plans to develop “medium-term strategy of climate change adaptation of Ukraine for the period until the year 2030” and GoU plans to approve in 2020 “Ukraine’s 2030 Climate Change Adaptation Strategy”.  Sectoral adaptation plans are also at the early stage of development. The Ministry of Development of Economy, Trade and Agriculture of Ukraine has developed and currently in the process of public consultations on the “Adaptation Strategy of agriculture, forestry and fishery of Ukraine till 2030”. 

Given the direct and existential threat of the climate change, the European Union launched in 2019 a new regional initiative called EU4Climate, aiming to support the six Eastern Partnership countries (Armenia, Azerbaijan, Belarus, Georgia, Republic of Moldova, and Ukraine) to develop and implement climate-related policies based on the countries’ commitments under the Paris Agreement on Climate Change, the Association and Partnership Agreements with the EU, the Eastern Partnership policy initiative “20 Deliverables for 2020,” (in particular the climate-related Deliverables 15 and 16) and the UN 2030 Agenda for Sustainable Development (in particular SDG 13 on “Climate Action”). The project is funded by the European Union and implemented by the United Nations Development Programme. The project goal is to contribute to climate change mitigation and adaptation and the development towards a low-emissions and climate-resilient economy in line with the Paris Agreement in Armenia, Azerbaijan, Belarus, Georgia, Moldova and Ukraine. This project operates on both regional and country level. It supports regional cooperation, learning, knowledge exchanges and policy dialogue among the beneficiary countries, as well as between the countries and the EU partners. 

Through this ToR, UNDP Ukraine is seeking a technically qualified legal expert to develop by-laws to implement the EU-Ukraine Association Agreement with regards to the F-gases and ozone-depleting substances. 

2. MAIN OBJECTIVES OF THE ASSIGNMENT

Under the overall supervision and guidance of the National EU4Climate Project Coordinator, the Legal/Technical  Consultant on ODS and F-gases legislation (hereinafter – the Consultant) will provide support to the implementation of the Law on Ukraine “On No. 376-IX “On regulation of economic activity with ozone-depleting substances and the fluorinated greenhouse gases” by developing draft by-laws for its fulfilment.

3. DESCRIPTION OF TASKS / SCOPE OF WORK

• Conduct desk review of the relevant materials on ozone-depleting substances and F-gases considering the EU requirements and the Law on Ukraine “On No. 376-IX “On regulation of economic activity with ozone-depleting substances and the fluorinated greenhouse gases”. These include at least:
  • The Montreal Protocol on Substances that Deplete the Ozone Layer and relevant Decisions and Annexes to the Meeting of the Parties;
  • Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer;
  • Regulation (EC) No 842/2006 of the European Parliament and of the Council of 17 May 2006 on certain fluorinated greenhouse gases;
  • Technology and Economic Assessment Panel (TEAP) Task Force Report on Destruction Technologies for Controlled Substances, UNEP 2002
  • The List of ozone-depleting substances, export and import of which are subject to licensing (Resolution of the Cabinet of Ministers of Ukraine of December 24, 2019, No 1109);
  • Resolution of the Cabinet of Ministers of Ukraine of May 16, 2002, No 624 “On strengthening of the state regulation concerning import to Ukraine and export from Ukraine of ozone-depleting substances”
• Taking account of international best practice, develop in a manner appropriate to the context of Ukraine, for inclusion in the legislation, the lists of

1. measures to reduce F-gases consumption,
2. F-gases Destruction Technologies,

           and submit to EU4Climate National Coordinator for consideration;

• Taking account of international best practice, review and update, as appropriate, the legislation listing of

1. measures to reduce ozone-depleting substances consumption,
2. Ozone-Depleting Substances Destruction Technologies,

           and submit to EU4Climate National Coordinator for consideration;

• Prepare draft by-laws in the format of the MENPR Decrees on the introduction of the:

1. List of measures to reduce the consumption of controlled substances[1] under the legislation;
2. List of destruction technologies for controlled substances under the legislation;
3. Procedure of the destruction technologies utilization for controlled substances, taking account of international best practice.

• In liaison with the MENPR, prepare the package of accompanying documents for the by-law’s implementation, including:

1. Notice on the start of public consultations
2. Explanatory notes
3. Regulatory impact analysis

• Provide inputs to the EU4Climate Quarterly Report.

4. DELIVERABLES

The deliverables of this consultancy will include the following reports

The total duration of the consultancy will be a maximum of 50 working days over 4 months from the start date of the assignment. The work does not require traveling.

All deliverables under the assignment shall be submitted in Ukrainian language, except the final report, and in electronic (MS Word) format.

5. PAYMENT SCHEDULE

Payments are based upon output, i.e. upon delivery of the services specified in this TOR as follows:

50% of the total contract value will be paid upon completion of the Deliverables 1- 2 as per TOR;

50% of the total contract value will be paid upon completion of the Deliverables 3-5 as per TOR.

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 General Terms and conditions as well as other related documents can be found under: http://europeandcis.undp.org/home/jobs Incomplete applications will not be considered.

6. MONITORING/REPORTING REQUIREMENTS

The Consultant will work under the overall guidance of the EU4Climate Project Coordinator in Ukraine. The Consultant will duly inform UNDP of any problems, issues or delays arising in the course of implementation of assignment and take necessary steps to address them.

Any copyrights and other kinds of intellectual property emerging in the course of contract implementation and produced by the Consultant under the assignment shall be retained by UNDP; the Consultant shall not be entitled for any intellectual property in this regard.

The Consultant will duly inform UNDP of any problems, issues or delays arising in the course of implementation of assignment and take necessary steps to address them.

[1] Controlled substances are, as defined by the Law of Ukraine No. 376-IX, ozone-depleting substances and/or the fluorinated greenhouse gases

• Demonstrates integrity by modelling the UN’s values and ethical standards;
• Promotes the vision, mission, and strategic goals of UNDP;
• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
• Treats all people fairly without favouritism;
• Fulfils all obligations to gender sensitivity and zero tolerance for sexual harassment.

7. EXPERIENCE AND QUALIFICATIONS REQUIREMENTS

Education

University degree in law, environmental studies, chemical engineering, or closely related fields.

Experience

• At least 5 years of professional experience in practicing law or other relevant fields. Experience in legal work related to Montreal Protocol and/or EU Acquis in the field of ozone layer protection required
• Strong expertise in national and EU legislation and procedures on ODS and F-gases
• Proven experience in drafting secondary legislation, legal analysis and conducting regulatory impact assessments
• Analytic capacity and ability to synthesize relevant collected data and findings for the preparation of quality analysis for policy/regulatory documents
• Proven experience of working and collaborating with governmental stakeholders in Ukraine

Language Skills

• Fluency in English and Ukrainian.

8. DOCUMENTS TO BE INCLUDED WHEN SUBMITTING THE PROPOSAL

Applicants shall submit the following documents:

If an applicant is employed by an organization/company/institution, and he/she expects his/her employer to charge a management fee in the process of releasing him/her to UNDP under Reimbursable Loan Agreement (RLA), the applicant must indicate at this point, and ensure that all such costs are duly incorporated in the financial proposal submitted to UNDP.

9. FINANCIAL PROPOSAL

Contracts based on daily fee.

The financial proposal shall specify a daily fee amount. In order to assist the requesting unit in the comparison of financial proposals, the financial proposal will include a breakdown of this daily fee-based amount and number of anticipated working days.

10. EVALUATION CRITERIA

• University degree in law, environmental studies, chemical engineering, or closely related fields {7 - Specialist; 9 pts, – Master; 11 pts, – PhD};
• Minimum of 5 years of professional experience in practicing law or other relevant fields. Experience in legal work related to Montreal Protocol and/or EU Acquis in the field of ozone layer protection required {15 pts. – 5 years; 17 pts. – 6 years; 20 pts. – 7 years and more};
• Proven experience in drafting legislative Acts, legal analysis and conducting regulatory assessment {12 pts. – 3 reviews/analysis/legal acts; 14 pts. – 4 reviews/analysis/legal acts; 15 pts. – 5 and more reviews/analysis/legal acts;
• Proven record of professional, research or academic and consultancy experience, with practical knowledge and working ODS and F-gases legislation {13 pts.- 2 reports, 15 pts. – 3 reports, 17pts. – 4 reports and more}
• Proficiency in Ukrainian and English is required {7 pts. – proficiency in both languages}.

Maximum available technical score - 70 points

11. EVALUATION METHOD

Cumulative analysis

When using this weighted scoring method, the award of the contract should be made to the individual contractor 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 that meet a passing score of 70% (49 points) for the technical evaluation will be considered and invited for an interview.

How apply

Candidates are encouraged to submit the application electronically along with an uploaded resume via the link: https://jobs.undp.org/cj_apply.cfm?cur_job_id=95612