Project title: Support to effective air emissions and radiation monitoring, and improved environmental management in Belarus
Brief description: The objective of the assignment is to prepare the ground for assessment of transposition needs creating a proper picture of the range of needs that exist for technical assistance on policy and legal framework activities.
The NKE input should contribute to the fulfilment of:
- Identification of the relevant documents of EU Acquis to be transposed1;
- Identification of the respective Belarusian documents to be considered;
In the beginning our Team will undertake the main preparation work by considering all relevant texts on transposed/transposing Belarusian legislation. In addition, we will identify any other existing legislation which interrelates with the notified transposing measures to be included in their assessment.
- Perform Legal Gap Analysis on the status of transposition1 inclusive of Compliance Checking and Legal Gap Assessment:
The Tables of Concordance will be the main tool for Compliance Checking, and therefore it is critical that they are well prepared. The Tables of Concordance shall spell out all the provisions of the Directive (with relevant amendments and references to Annexes or subsequent Decisions), indicating which of those provisions need to be transposed into national legislation (and which not for various reasons, such as being addressed to the European Commission or requiring factual implementation as opposed to transposition).
The main task – the production of a Report on the gaps between the legislation of EU and Belarus including Table of Concordance that will also include recommendations, deadlines for full transposition of certain Directive provisions and assignment responsible body.
The Report will contain the following parts:
- Summary Data Sheet listing in a concise format all cases of non-conformity and grey areas of transposition;
- Completed Table of Concordance;
- Conformity Analysis, consisting of:
- Summary of assessment: brief conclusion on the overall level of transposition of the specific Directive;
- Summary of the relevant national legal framework;
- Detailed analysis of cases of non-compliance and conformity with explanation. In specific cases where several provisions are assessed as not being transposed in conformity due to a common reason (incorrect transposition of a certain definition defining the scope of a provision, or of an Annex in case of provisions referring to the Annex etc.) they may be grouped;
- Description of cases of more stringent measures adopted in national legislation;
- Recommendations for improvement of transposition for those provisions whenever non –compliance was noted.
- Action Plan that will indicate responsible body and proposed deadline for achieving full transposition.
Commencement date of the assignment: August 2018
Duration of the assignment: up to 40 working days in the period August – December 2018
Qualifications and skills
- University diploma in law or equivalent;
- Fluency in English (written and spoken);
- Fluency in Russian and/or Belarusian (at least spoken) will be an advantage.
General professional experience
- Minimum of 15 years of general professional experience.
Specific professional experience
- Minimum of 5 years of experience in the area of environmental legislation issues;
- Experience in EU funded projects in in Eastern ENPI countries or countries of the CIS, ex- PHARE or - IPA beneficiary countries would be an advantage;
- Experience in Belarus will be an advantage.