NOTE: Signed Offeror’s Letter to UNDP Confirming Interest and availability – https://www.ba.undp.org/content/dam/bosnia_and_herzegovina/docs/Operations/Jobs/Offerors%20Letter%20to%20UNDP%20Confirming%20Interest%20and%20Availability.docx – Letter to UNDP Confirming Interest and Availability.docx – to be sent to e-mail [email protected] with Subject: Job ID 101673.
Due to a long period of neglect and under-investment, urban infrastructure in BiH, public and residential buildings, energy systems and utilities, waste management, and transport, are now in need of expansion and modernization. From a global environmental standpoint, this situation contributes to a steady increase in greenhouse gases (GHG) emissions, primarily associated with energy use in public facilities. Public facilities are also the largest energy users and GHG emission sources in municipalities in BiH. Modernization, upgrade and expansion of municipal buildings, infrastructure, and services in BiH will improve the quality of urban life and achieve a range of important local and global environmental and sustainable development benefits.
To achieve abovementioned, the “Catalyzing environmental finance for low-carbon urban development” Project (UrbanLED) strives to leverage investment for transformational shift towards low-carbon urban development (LCUD) in Bosnia and Herzegovina thereby promoting safer, cleaner, and healthier cities and reducing urban GHG emissions. To enable this transformational shift, the Project provides technical support towards the implementation of technically and economically feasible low-carbon solutions in key urban sectors and promotes their wider uptake by municipalities and private sector via dedicated financial mechanisms. The Project has been financed by Global Environment Facility (GEF) and is directly implemented by UNDP Bosnia and Herzegovina Country Office.
Under Component 1. Project will work on development of necessary regulations for instituting Polluter-Pays Principle (PPP) and improving the system for collecting PPP fees. The PPP principle is one of the most commonly used tools for environment protection. It is based on principle that those who produce pollution should bear the costs of managing it to prevent damage to human health or environment.
The first mention of the PPP principle at the international level was in the 1972 Recommendation by the OECD Council on Guiding Principles concerning International Economic Aspects of Environmental Policies. It stated that PPP principle is to be used for allocating costs of pollution prevention and control measures to encourage rational use of scarce environmental resources and to avoid distortions in international trade and investment. This was referred as a standard PPP. However, the PPP evolved over the time into an extended/stronger version of the principle. In 1989 OECD included costs related to accidental pollution into PPP, stating that in matters of accidental pollution risks, the PPP implies that the operator of a hazardous installation should bear the cost of reasonable measures to prevent and control accidental pollution from that installation. The PPP has also been reaffirmed in the 1992 Rio Declaration and is referred to in both Agenda 21 and the World Summit on Sustainable Development (WSSD) Johannesburg Plan of Implementation.
Today, PPP is one of the fundamental principles of the environmental policy of European Community. The Treaty Establishing the European Community, under Title XIX Environment, provides at article 174.2 that: “Community policy on the environment […] shall be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay.”
Before the recognition and application of the PPP, disproportionate social and private costs of pollution were being externalised from the polluter to wider society. Air and water resources were used as dump stations for pollution, and the damage to people, ecosystem and property being paid for by society rather than by the polluter. The PPP is put out as an mechanism of change, that requires polluters to internalise the cost of potential pollution in the production process (built-in costs), rather than allowing society to incur costs in the aftermath. This involves the internalization of environmental costs into decision making for economic and other development plans, programs and projects that are likely to affect the environment. The principle requires accounting for both the short term and the long term external environmental costs.
In EU, the PPP has been utilized as an economic tool for managing different types of environmental pollution through embodiment in legislation such as the Environmental Liability Directive, the Air Quality Directive, the Waste Framework Directive, the Landfill Directive, the Water Framework Directive and others. PPP has been often used as a guidance for interpretation of the environmental directives and considerations on their temporal scope.
Bosnia and Herzegovina (BiH) is a highly fossil fuel dependent country, with carbon intensity about three times higher than the European average. This limits the country’s progress towards clean transition and EU integration. The introduction (transposition) of the Acquis Communautaire in the field of environmental protection into national legislation is one of the preconditions for Bosnia and Herzegovina’s membership in the EU. The EU recommends the use of the Guide to the Approximation of EU Legislation and the Handbook on the Application of EU Environmental Legislation, which includes PPP principle as one of the main environmental principles.
To support BiH on its path towards EU membership, the International Consultant will provide advisory and technical services for assessment of BiH and EU legislation, analysis of PPP application in Western Balkan and EU countries and propose a blueprint with concrete policy and institutional changes to fully integrate the PPP principle in environmental legal and policy framework in Bosnia and Herzegovina.
The International Consultant will render technical support to the Climate Change Mitigation Program Manager, project team and government counterparts. The International Consultant will work under the overall guidance of and direct supervision from Climate Change Mitigation Programme Manager. However, on a daily basis the Consultant will work closely with the UrbanLED project team, two other team members for PPP introduction (National Economist and National Environmental Policy Expert) and government counterparts.
Duties and Responsibilities
The project will support the Ministry of Foreign Trade and Economic Relations of BiH, Environmental Protection Fund of FBiH, Federal Ministry of Environment and Tourism, RS Fund for Environmental Protection and Energy Efficiency and RS Ministry of Spatial Planning, Civil Engineering and Ecology to prepare and adopt the necessary regulations to enable collection of fees based on various sources of environmental impacts related to environment sector thus enabling entities’ environmental funds to significantly scale-up its funding base for subsequent investment in LCUD. The consultant will be responsible for providing technical assistant to entities’ environmental funds, Federal Ministry of Environment and Tourism and RS Ministry of Spatial Planning, Civil Engineering and Ecology to develop and review regulations related to PPP application in respective entities of Bosnia and Herzegovina (Federation of Bosnia and Herzegovina and Republika Srpska).
This assignment shall be completed by the expert team whose task is to assess the PPP concept and its application in Western Balkan and EU countries, identify points of entry and gaps in policy and regulations of both entities of BiH, formulate a blueprint for PPP integration, design policy and regulatory changes needed for the PPP integration and evaluate its economic and environmental impact in Bosnia and Herzegovina.
Expert team for implementation of this assignment will consist of the following experts, with defined roles:
- International Consultant– Environmental policy expert for operationalization of Polluter-Pays Principle (PPP) in Bosnia and Herzegovina, will act as a team leader, responsible for: coordination of tasks of team members, provision of know-how on PPP and EU policy and regulations, provision of technical expertise in implementation of tasks and formulation of outputs, communication with government counterparts, periodical reporting and assurance of quality of final outputs. Team leader will hold responsibility for preparation of presentation of final outputs, while other team members will act as support for preparation and presentation of final draft versions and their improvements.
- National Consultant – Environmental policy expert for operationalization of Polluter-Pays Principle (PPP) in Bosnia and Herzegovina – will be responsible for: provision of local know-how on policy, regulations, environmental situation in BiH, provision of technical and legal expertise as support to team leader in implementation of tasks and formulation of outputs, their preparation and improvements. Also, the National Consultant will hold responsibility to support preparation of presentations and hold presentations of outputs within the project.
- National Consultant – Economist for operationalization of Polluter-Pays Principle (PPP) in Bosnia and Herzegovina – will be responsible for: provision of know-how and expertise in financial analysis and economic assessments as support to team leader in implementation of tasks and formulation of outputs, their preparation and improvements.
Expert team for operationalization of Polluter-Pays Principle (PPP) in Bosnia and Herzegovina will provide services for implementation of following tasks:
Task 1: PPP application studies, policy and regulatory framework assessment, which includes the following sub-tasks:
- Desk review and analysis of PPP related EU policy and regulatory documents, including (but not limited to):
- EU environmental policy including:
- i.general principles and basic framework,
- ii.Combating climate change,
- iii.Biodiversity, land use and forestry,
- iv.Water protection and management,
- v.Air and noise pollution,
- vi.Resource efficiency and the circular economy,
- vii.Sustainable consumption and production, and
- viii.Chemicals and pesticides
- PPP principles and guidelines (focusing on PPP instruments), such as:
- Handbook on the Application of EU Environmental Legislation
- EU strategic documents, such as:
- Desk review of existing PPP policies and regulations at national, entity, cantonal and local level, with focus on assessing the institutional responsibilities and ownership, identify existing PPP instruments and way of their usage, financial and environmental benefits and impacts of the PPP related policies and regulations, as well as potential areas for further improvement or replication.
- Desk review and analysis of PPP application in Western Balkan and EU countries, consisting of at least two case studies from region and three case studies from EU with the goal of identifying the best practices, division of institutional responsibilities and ownership, financial and environmental benefits and impacts of the PPP related policies and regulations, lessons learned and most-effective PPP instruments to be used.
- Develop and present a report on the PPP application studies, policy and regulatory framework assessment to UNDP Project Team and relevant government counterparts.
Task 2: Development of blueprint for PPP recognition and application in BiH, which includes the following sub-tasks:
- Desk review and analysis of existing policies and plans for national, entity’s and sectoral development (in the context of combating climate change, biodiversity, land use and forestry, water protection and management, air and noise pollution, resource efficiency and the circular economy, sustainable consumption and production, and chemicals and pesticides) that are related to PPP and different types of polluters (including but not limited to industry, transport, waste management, agriculture, and energy generation) with an aim to identify potential gaps and entry points for usage of PPP concept and instruments.
- Comparative analysis and assessment of collected information and findings in Task 1 with findings of desk review and analysis of existing policies and plans for national, entity’s and sectoral development that are related to polluters pay principle and different types of polluters in BiH, with the goal of identifying the PPP instruments, application methods and regulations to be transposed to FBiH and RS.
- Development of draft blueprint for PPP recognition and application in BiH, defining the institutional responsibilities and ownership, formulating the PPP instruments and way of their usage (methods, policies and regulations), proposing the timeline and steps to be taken for their introduction and brief assessment of financial and environmental benefits and impacts of the PPP related changes.
- Present a draft blueprint to UNDP Project Team and relevant government counterparts, and collect comments and recommendations for improvement of draft blueprint.
- Develop a final version of blueprint for PPP recognition and application in BiH, which structure will be defined in cooperation with UNDP Project team, but initially is intended to consist of:
- Introduction: About the project and purpose of the task
- Overview of findings on PPP principles, related EU policy and regulatory documents, and PPP application in Western Balkan and EU countries
- Overview of findings on BiH policy and regulatory documents ( findings on existing policies and plans for national, entity’s and sectoral development that are related to PPP and different types of polluters in BiH, findings on existing PPP policies and regulations at national, entity, cantonal and local level)
- Results of comparative analysis and assessment (brief description of method of analysis, detailed description of results, findings and conclusions)
- Blueprint for PPP recognition and application in BiH (defining the institutional responsibilities and ownership, formulating the PPP instruments and way of their usage, proposing the timeline and steps to be taken for their introduction and brief assessment of financial and environmental benefits and impacts of the PPP related changes)
Task 3: Designing changes to policy/regulatory documents for PPP recognition and application in BiH, which includes the following sub-tasks:
- Conduct meetings and consultations with representatives of relevant government counterparts and UNDP project team to identify at least three PPP measures to be designed in detail and integrated into policy/regulatory framework of FBiH and RS
- Develop and present, to UNDP project team and relevant government counterparts, draft of at least three PPP measures in detail, defining the institutional responsibilities and ownership, formulating the PPP instruments and way of their usage, policy/regulatory documents to be changed and brief assessment of financial and environmental benefits and impacts of the PPP related changes
- Based on the obtained comments and recommendations, develop final version of at least three PPP measures to be integrated into policy/regulatory framework of FBiH and RS
- Develop a draft proposal of changes in relevant policy/regulatory documents for integration of at least three PPP measures
- Present the draft proposal to UNDP Project Team and government counterparts and collect comments and suggestions for improvement of draft proposal
- Develop a final proposal of changes in relevant policy/regulatory documents for integration of at least three PPP measures and submit to relevant government counterparts.
It is envisaged that the level of effort of International Consultant for these tasks will not exceed 50 expert days, preferably including three missions to Bosnia and Herzegovina, 5 days each, meaning a minimum of 15 working days spent in Bosnia and Herzegovina throughout the contracted period. Missions to Bosnia and Herzegovina should be planned, where possible, to coincide with the dates of stakeholders meetings and key project activities, as needed. Due to the uncertain situation regarding the COVID-19 pandemic, final decision on planning the missions to BiH will be made in line with official recommendations. If not possible to organize a mission, the meetings with project staff, governmental counterparts and local consultants will be organized on remote basis. However, the engaged consultant will have an obligation to prepare and submit mission reports as attachments to deliverables/outputs.
Outputs will be written reports with regards to the Task 1, 2 and 3 listed above. Written work will be supplemented by other requested consultation by phone, Teams, and in person.
|#||Deliverables / Outputs||# of Days per Task||Due Date||Percentage|
|1.||Report on PPP application studies, policy and regulatory framework assessment, approved by UNDP Project Team||10||November 5th, 2021||20%|
|2.||Blueprint for PPP recognition and application in BiH, approved by UNDP Project Team||20||December 15th, 2021||40%|
|3.||Final proposal of changes in relevant policy/regulatory documents for integration of at least three PPP measures, approved by UNDP Project Team||20||January 28th, 2022||40%|
- 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;
- Strong interpersonal skills, communication and diplomatic skills, ability to work in a team;
- Openness to change and ability to receive/integrate feedback;
- Ability to work under pressure and stressful situations;
- Strong analytical, reporting and writing abilities;
- Excellent public speaking and presentation skills;
Required Skills and Experience
- MSc degree in engineering, economics, environment, law, political science or other related field.
- PhD would be considered an asset.
- At least 10 years of experience in conducting research and providing consultancy services related to institutional, legislative, and strategic frameworks for PPP, experience from Western Balkan preferred;
- Scientific and professional experience in analysis and planning in fields relevant for PPP;
- Experience in policy development and monitoring in environmental protection in EU; experience from Western Balkan preferred;
- Experience in policy and regulation development related to PPP;
- Knowledge of the data gathering process, organization and conducting thorough identification of relevant documents related to PPP;
- Proven record of delivery of services demonstrating excellent data collection and analytical skills is required;
- Experience working in developing country contexts preferred, particularly those related to the Western Balkan region;
- Experience working with multilateral organizations and the UN system preferred.
- Knowledge of English language (excellent writing, editing and communication skills).
- Knowledge of local language in Bosnia and Herzegovina would be considered as an asset.
Qualifications as stated in the ToR
|Relevant Education MSc degree in engineering, economics, environment, law, political science or other related field. PhD would be considered an asset.||max 15 points|
10 points allocated for MSc degree
+ 5 points for PhD
|Relevant professional experience At least 10 years of experience in conducting research and providing consultancy services related to institutional, legislative, and strategic frameworks for PPP, experience from Western Balkan preferred; Scientific and professional experience in analysis and planning in fields relevant for PPP;Knowledge of the data gathering process, organization and conducting thorough identification of relevant documents related to PPP; Proven record of delivery of services demonstrating excellent data collection and analytical skills is required; Experience working in developing country contexts preferred, particularly those related to the Western Balkan region Experience in policy development and monitoring in environmental protection in EU; experience from Western Balkan preferred; Experience in policy and regulation development related to PPP;||max 70 points|
|Prior work experience with UNDP/UN Agencies||max 10 points|
|Knowledge of English language (excellent writing, editing and communication skills). Knowledge of local language in Bosnia and Herzegovina would be considered as an asset||max 5 points – will be assessed as:|
5 points for fluency and the points decrease as per the level mentioned in the CV:
good – 4 points;
fair/upper intermediate – 3 points;
intermediate – 2 points;
beginner – 1 point.
Technical Evaluation Criteria
|Rating based on Qualifications||30%|
|Brief methodology to conduct the work||30%|
|Interview via Zoom or Microsoft Teams||40%|
Individual will be evaluated based on the following methodology:
When using this weighted scoring method, the award of the contract should be made to the candidate 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%
Interested candidated must submit the following documents/information to demonstrate their qualifications:
- Personal CV/P11, including past experience in similar projects and at least 3 references;
- Explaining why they are the most suitable for the work;
- Provide a brief methodology on how they will approach and conduct the work;
Please scan all above mentioned documents and upload as one attachment only online through this website.
- For an assignment requiring travel, consultants of 65 years or more require full medical examination and statement of fitness to work to engage in the consultancy.
- Due to large number of potential applicants, only competitively selected candidates will be contacted for remaining steps of the service procurement process.