United Nations Development Programme

Programul Natiunilor Unite pentru Dezvoltare

TERMS OF REFERENCE

Project “Transitional Capacity Support for the Public Administration of Moldova”

Job Title:National Consultant to support the Ministry of Economy of the Republic of Moldova on Deep and Comprehensive Free Trade Area (DCFTA) negotiations (Specialist on Technical Barriers to Trade (TBT) Agreement)

Duty station: Chisinau, Moldova

Reference to the project:“Transitional Capacity Support for the Public Administration of Moldova”

Contract type:Special Service Agreement (SSA)

Starting date: November 2010

Duration of the assignment:12 months(with possibility of extension)

Job content

I. Background:

The project “Transitional Capacity Support for the Public Administration of Moldova” was designed upon the request of the Government of Moldova to enhance capacities of the Moldovan Central Public Administration in order to accelerate the reform process and achieve Moldova’s short-and medium term development goals. The project seeks to address urgent short-term capacity needs of the public administration at a time when Moldovan central government institutions face serious financial and human resources gaps. In addition to helping the Government pursue critical reform priorities, the intervention is designed to catalyze the on-going implementation of central public administration reform. It is coordinated and managed by the United Nations Development Programme (UNDP) and the State Chancellery of Moldova and will complement on-going work by other donors.

The Moldovan diaspora and non-governmental sector, including the private and civil society sectors, would be the main source for such consultants. They would not be expected to become permanent staff of the civil service, but, based on a competitive process, would be hired for a defined period. Capacity Building Consultants could be freely tasked with re-designing the structure of an administrative unit, training, or the introduction/presentation of completely new regulations and procedures not previously handled by the administrative unit (none of these are expected to become permanent functions of a typical administrative unit). It could also be that the consultants establish and implement processes and procedures that an administrative unit is expected to perform on a regular basis in the future, for capacity building often needs to start by “showing by doing”. Capacity building consultants (CBC) would be engaged and their TORs defined in a way that would protect the integrity of the civil service and work to strengthen its intrinsic capacity. The project needs to guard against subtracting capacity from the civil service. In most cases, the sub-projects will be composed of national consultants – professionals who provide advice, coaching, and skills that are not expected to be performed on a permanent basis by the civil service. They could also temporarily assume specific responsibilities and tasks expected to be taken over by public institutions, i.e. they could be used to “incubate” new institutional units, on condition of clearly specified “exit” or “handover” strategies.

II. Objective of the assignment

This specific ToR is designed for one National Consultant to support the Ministry of Economy of the Republic of Moldova on conducting successfully the Association Agreement [AA] negotiations with EUon Trade matters. The Trade matters, of AA include the aim to establish a WTO-compatible deep and comprehensive free trade area [DCFTA], if and when the Republic of Moldova is deemed to be ready to take on and implement the commitments of an FTA and to sustain the effects of far-reaching market access liberalisation and regulatory approximation.

The DCFTA will be an integral part of the Association Agreement. The chapter on trade and trade cooperation will include provisions on regulatory cooperation for all trade-related areas covered by the DCFTA, as enhanced cooperation in these areas will encourage and support Moldova in implementing the necessary economic reforms relating to the regulatory approximation with the EU acquis and the market access liberalisation commitments under the FTA.Until the deep and comprehensive FTA is concluded and enters into force, the existing trade related provisions under the Partnership and Cooperation Agreement will remain in force.

The success of DCFTA negotiations depends to a great extent on the qualified staff that is involved in the process. Currently there are no specific training programmes in place for the people involved in the preparations of the DCFTA negotiations, and this deficiency/gap needs to be covered by the proposed assignment.

The specific objective of this assignment is to support the Ministry of Economy better understand the legal aspects of the AA related to the TBT area: on technical regulations, standards, accreditation, certification, market surveillance and metrology.

III. Organisational setting

The National Consultant on technical regulations, standards, accreditation, certification, market surveillance and metrology will work under the overall guidance and management of the Ministry of Economy (namely responsible for EU negotiations), and in collaboration with the Policies, Strategic Planning and Foreign Aid Division of State Chancellery for substantive aspects of the assignment, and under the direct supervision of the Project Manager – for administrative and clearance aspects.

The National Consultant is expected to report to the Minister of Economy and to the Head of the Division of Trade Regimes and WTO Division in the Ministry of Economy and closely interact with the Division responsible for on technical regulations, standards, accreditation, certification, market surveillance and metrology on his/her activities, progress and findings on a regular basis. The National Consultant is also expected to closely cooperate with the EU High Level Policy Advisor to the Ministry.

IV. Scope of the work and expected outputs

The scope of the work of the National Consultant is to provide assistance to upgrade and strengthen the capacities of the Ministry of economy on trade issues related to completion, investment, customs and IPR issues. This can be done by providing consultancy services and technical assistance to the ME staff and in parallel supporting the private sector initiatives onfacilitation of trade through providing the necessary guidance and information in order to overcome identified barriers or shortcomings for successfully conclusion of AA negotiation on economic and trade related sectors.

he work of the National Consultant shall entail the following activities:

  • Provide assistance on Follow-up of the Commission services' fact-finding mission reports and present recommendations to ME on trade matters subjects;
  • Participation in drafting legal texts of relevant AA and DCFTA chapters;
  • Assistance for drafting Action plans for implementation of EC recommendations on the DCFTA;
  • Support to ME to continue its efforts to ensure homogenous implementation of TBT legislation throughout the territory of Moldova;
  • Support to ME to continue to demonstrate that the necessary SPS/TBT measures are taken to guarantee the EU recommendations;
  • Assist the ME to prepare a comprehensive and consistent plan (including a schedule for implementation) of further reforms in the TBT area;
  • Assist in preparation a list of the EU legislation that needs to be included in the process of regulatory approximation, including horizontal legislation related to liability of producers for defective products, and a time table;
  • Assist in the preparation of list of the European standards that still need to be transposed and a time table for the withdrawal of conflicting national standards;
  • Assist the ME on preparing indications and time frame for: - submitting Moldova's application for becoming affiliated to CENELEC and IEC; -accession of the National Accreditation Body to the EA Multilateral Agreement; - the development and adoption of the new Law on Accreditation; -clarification on certification bodies and their accreditation; - the development of the infrastructure for market surveillance;
  • Assist the ME in the description of the present metrology-related institutional and physical capabilities to enforce metrology legislation and regulations; following this, the National Consultant is expected to develop the legal framework as well as a plan for the establishment of measurement standards and EU compatible metrology, including a description of how traceability will be introduced and enforced;
  • Assist the ME in promoting the new draft programme for developing technical regulations that will have transposed most New Approach Directives and thus assist in preparing the Moldovan authorities to conclude an Agreement on Conformity Assessment and Acceptance of Industrial Products (ACAA).
  • Assist the ME in other issues related to AA negotiations on technical regulations, standards, accreditation, certification, market surveillance and metrology;
  • Prepare monthly progress reports of the component activities;
  • Perform any other related activities which may emerge during the course of time.

VI. Deliverables

N° / Deliverables / Timetable
1 / Review report/comments of Follow-up of the Commission services' fact-finding mission reports and present recommendations to ME on related to SoW activities / Upon request
2 / Ad-hoc Memos on needs for harmonization with EU acquis / Monthly
3 / Analytical Notes on MD state of play for ME on technical regulations, standards, accreditation, certification, market surveillance and metrology related to EU recommendations / Upon request
4 / Draft plan of actions related to technical regulations, standards, accreditation, certification, market surveillance and metrology for the purpose of fulfilling EU recommendations / 2nd quarter
5 / A list of the EU legislation that needs to be included in the process of regulatory approximation / 2nd quarter
6 / Review and formulate an action plan on submitting Moldova's application for becoming affiliated to CENELEC and IEC and accession of the National Accreditation Body to the EA Multilateral Agreement / 3rd quarter
7 / Analyltical Notes on elaboration and implementation of the new Law on Accreditation, including clarification on certification bodies and their accreditation / Monthly
8 / Suggested draft infrastructure for market surveillance / 3rd quarter
9 / Training needs assessment on TBT at all levels of the system; / 3rd quarter
10 / Administrative quarterly reporting / Every 3 months
11 / Final Report / 12th month
Total timing: / 12 months

VII. Qualifications and skills required:

•Degree in Engineering / Economics / Law, preferable advanced from an international educational institution

•Knowledge of National legislation and European Legislation in respective area and international framework

•Skills in drafting legal and normative acts of national and international level

•Skills in approximating national legislation with international treaties/EU legislation

•Experience in drafting technical documentation and reports;

•Previous experience of 5-7 years in WTO / TBT & SPS, Standardization policies and procedures;

•Good knowledge of on technical regulations, standards, accreditation, certification, market surveillance and metrology policies of Moldova;

•Extensive experience in policy formulation in the WTO / TBT and trade related issues;

•Fluency in English and Romanian / Russian

•PC literacy, excellent writing and communication skills

VIII. Submission package

•Duly completed Personal History Form P-11;

•Cover letter;

•Detailed CV matching qualification requirements.

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