The international consultant for EIA/SEA will be hired to assist and to
1. Review and identify non-compliance points of Albanian legislation with EIA and SEA Directives and supplement the legal framework.
2. Develop institutional framework capable of applying the EIA and SEA procedures flexibly and in a result-oriented manner with related procedures and administrative processes.
3. Training.
This international consultant for EIA/SEA is required to perform the following:
1. Review and identify non-compliance points of Albanian legislation with EIA and SEA Directives and supplement the legal framework
The international consultant will review all existing and proposed environmental legislation relating to EIA and SEA in Albania. This will include all levels of Albanian legislation. The international consultant will compile a detailed legal and technical analysis of gaps between Albanian legislation and the targeted EU Directives. The international consultant shall note that a number of main tasks of approximation will have been accomplished by the CARDS 2006 project presently in progress, mainly in relation to EIA.
After this analysis, the international consultant will suggest the measures to be taken, as additional transposing or implementing measures may be needed, and will prepare a plan for supplementing the legal framework in the EIA and SEA field. The international consultant will draft amendments and regulations that are needed for supplementing the legal framework.
The international consultant will ensure that the legislation and procedures also support the implementation of the UNECE Conventions on:
- Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus, Denmark, 25 June 1998).
- Environmental Impact Assessment in a Trans-boundary Context (Espoo, Finland, 25 February 1991).
- The Trans-boundary Effects of Industrial Accidents (Helsinki, Finland, 17 March 1992).
The international consultant will review in detail the legal and procedural requirements for public participation in regard to EIA and SEA, from the points of view of both European Community legislation and Albanian legislation. The international consultant will draft and propose actions for closing the identified gaps to ensure proper public participation in the EIA and SEA process.
If needed, the international consultant will prepare SEA national methodology.
This task will be performed in close cooperation with the international senior consultant and the national legal/institutional consultant.
2. Develop institutional framework capable of applying the EIA and SEA procedures flexibly and in a result-oriented manner with related procedures and administrative processes
The objective of this task is to develop institutional framework and capacity at central and local levels in order to apply the EIA and SEA procedures.
Specifically, this task is expected to result in a series of procedural documents that define what actions are to be taken by which individuals in which institutional administrative units, in order to execute the administrative and regulatory enforcement actions that are required by the legislation.
The international consultant will
· Conduct an assessment of the institutional administrative units, both central and local, in order to define how their present capacities (in terms of staffing, staff capability and equipment) compare with that necessary in order to fulfil the units’ mandate. The international consultant will produce for each unit:
- An assessment of needs for training in relation to the procedural requirements of EIA and SEA.
- An assessment of the needs for equipment in relation to these requirements.
· Design a coherent set of procedures for the administration of EIA and SEA in Albania according to the legislation. The international consultant shall consider, where it may be appropriate, to have interim procedures that will apply in the period before units reach their full capacity and capability. The international consultant will in such cases design and propose both interim procedures and final procedures;
· Develop an operational system for carrying out the screening and scoping procedures while implementing the EIA and SEA directives;
· Prepare a handbook for officials at central and local level on how to carry out screening and scoping;
· Prepare a booklet that will provide in a clear and concise format the information related to the EIA process; the booklet will contain the following information applicable to EIA in Albania in conformity with European Community Law:
- circumstances under which an EIA is required;
- how the scope of an EIA is to be determined;
- the steps for conducting an EIA;
- responsibilities during the process; and
- availability of additional sources of information.
The Consultant will review the guidance relating to EIA that is produced in the EU Member States in booklet form, and will propose an appropriate model for the purposes of the present project.
· Propose methods to assess the impact on habitats/species while conducting the EIA and SEA procedure (this task will be performed in close cooperation with the national consultant on habitats and species);
3. Training
In order to strengthen the general understanding of the aforementioned legislation and procedures, the international consultant will organise training sessions. The following activities are envisaged:
· Prepare and deliver a training programme on the EIA/SEA; "training of trainers" modules included (this task will be performed in close cooperation with the international trainer);
· Prepare training course material on the implementation of the EIA/SEA for the personnel of the public administration.
The role of the international consultant for EIA and SEA will also involve providing specific technical input and advice, mentoring and advice to a national consultant counterpart and to the broader project team.
Lists of deliverables and timeline
1. Review and identify non-compliance points of Albanian legislation with EIA and SEA Directives and supplement the legal framework – 12 months after contract signature
· Legal and technical gap analysis related to Albanian legislation related to EIA and SEA Directives – 2 months after contract signature;
· Recommendations for necessary measures and action plan to supplement the legal framework in EIA and SEA field with the related workplan – 4 months after contract signature;
· Draft of legal acts to supplement the legal framework – 6 and 12 months after contract signature;
· Recommendations for actions to ensure proper public participation in the EIA and SEA process – 4 months after contract signature;
· SEA national methodology (if needed – to be decided together with the Ministry of Environment, Forests and Water Administration) – 8 months after contract signature.
2. Develop institutional framework capable of applying the EIA and SEA procedures flexibly and in a result-oriented manner with related procedures and administrative processes – 12 months after contract signature
· Assessment of the institutional administrative units, both central and local comprising:
- An assessment of needs for training in relation to the procedural requirements of EIA and SEA – 3 months after contract signature.
- An assessment of the needs for equipment in relation to these requirements – 3 months after contract signature.
· Set of procedures for the administration of EIA and SEA in Albania according to the legislation prepared (interim procedures and final procedures) – 10 months after contract signature;
· Operational system for carrying out the screening and scoping procedures while implementing the EIA and SEA directives developed – 10 months after contract signature;
· Handbook for officials at central and local level on how to carry out screening and scoping prepared – 10 months after contract signature;
· Booklet on the EIA process prepared; the booklet will contain the following information: - – 11 months after contract signature
- circumstances under which an EIA is required;
- how the scope of an EIA is to be determined;
- the steps for conducting an EIA;
- responsibilities during the process; and
- availability of additional sources of information.
· Methods to assess the impact on habitats/species while conducting the EIA and SEA procedure prepared – 6 months after contract signature;
3. Training – 12 months after contract signature
· Training programme on the EIA/SEA; "training of trainers" modules included prepared and delivered – 12 months after contract signature;
· Training course material on the implementation of the EIA/SEA for the personnel of the public administration prepared – 12 months after contract signature.
In case additional funds will be mobilised, the contract will be amended accordingly and the following additional tasks will be performed:
A: Develop institutional framework capable of applying the EIA and SEA procedures flexibly and in a result-oriented manner with related procedures and administrative processes
· Design procedures to ensure full and effective communication and co-operation between the various institutional administrative units including flow of information, and between them and the other governmental and non-governmental stakeholders in regard to EIA;
· Estimate the implementation cost and the associated economic impact for EIA and SEA Directives and develop a system of charges to cover the public administration costs of carrying out screening and scoping and other EIA-related expenses, based on the analysis of the demands on human resources (this task will be performed in close cooperation with the international consultant in economics);
· Initiate the process of establishing a database system for the information on the EIA procedures at national and local levels (this task will be performed in close cooperation with the national IT consultant).
B: Training
· Deliver the training sessions on the implementation of the EIA/SEA for the personnel in the public administration;
· Prepare and implement a training programme for the national and local environmental officers who are to be trained in technical and administrative matters related to EIA system;
· Prepare and implement a training programme for EIA/SEA developers (this task will be performed in close cooperation with the international consultant specialised in preparing EIA).
Within the 12 months minimum 4 missions to Tirana will take place. Throughout the assignment the successful consultant will provide on-line technical support and advice as per the aforementioned tasks.
Reporting, monitoring, logistics
Besides the deliverables mentioned under the outputs above, the international consultant will provide inputs for the preparation of the following reports which are supposed to be prepared throughout the project implementation:
· An Inception Report eight weeks after the start of the contract. It will include a detailed review of existing relevant information and suggested amendments to the initial work plan and activities.
· Brief Monthly Reports outlining activities in the previous month and presenting progress against the current programme in bar chart format, including a chapter with “Issues of Concern” related to the smooth implementation of the project.
· Formal Quarterly Progress Reports describing activities and progress, identifying any constraints, and indicating progress in the various activities. The reports should include summaries of technical papers prepared. The reports should present activities in the forthcoming quarter, identifying any changes to the original programme.
· Any other report that may be required within the general framework of the One UN programme.
The monitoring will be done in line with those specified in the project document.
The international consultant for EIA/SEA will work closely with the other project consultants, under the overall supervision and guidance of the International Programme Manager/Chief Technical Specialist (CTS) of the “Support to respond to forthcoming EU accession related environment requirements” programme with inputs from the international senior consultant, where appropriate. The programme has its own office space and facilities that will be made available to the consultant.
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