Legal Expert in the field of Energy and Electricity
TERMS OF REFERENCE FOR NON-KEY EXPERT (NKE)
Position: Legal Expert in the field of Energy and Electricity
Location Bosnia and Herzegovina (BiH), mainly Sarajevo, with travels to: Brčko
Duration: cca. 60 working days
Starting date: Mid August 2013 (estimated period of work August – November 2013)
1. Background
The IPA Project “Development of an EU acquis-compliant electricity legislative framework in Bosnia and Herzegovina“ (Project) provides technical assistance to transpose the Third Energy Package of the EU in the field of electricity into the legislation of BiH. The Beneficiary institutions of the project are the State Ministry (Ministry of Foreign Trade and Economic Relations, MoFTER); the two Entity Ministries (FBiH Ministry of Energy, Mining and Industry; and RS Ministry of Industry, Energy and Mining), the three regulatory authorities (Electricity Regulatory Commission of FBiH, FERC; Energy Regulatory Commission of Republika Srpska, RERS; and State Electricity Regulatory Commission, SERC); as well as the Government of Brčko District.
The current legislative framework of BiH and the Entities do not meet the requirements of energy aquis communautaire which must be implemented on the basis of the Energy Community Treaty of 2008 (EnCT), which BiH. A gap analysis, in the form of a concordance table, was conducted in 2011 and is currently being updated. According to the EnCT, the transposition of the Third Energy Package in the field of electricity must be completed by 1 January 2015.
In order to meet its objectives, the Project is tasked to familiarise the BiH Beneficiaries and other stakeholders with the main substance and implications of the Third Energy Package and other relevant EU and EnCT legislation. Subsequently, the Project will provide technical assistance to the competent BiH authorities (ministries, regulatory authorities) on draft laws, including amendments required to existing laws.
Proposals of draft laws will be completed and submitted to all beneficiaries and stakeholders.
2. Requested services
The NKE will support the Key Experts of the Project, led by Team Leader/Key Expert 1, and support the information workshops and Working Teams, drafting the new laws and amendments. Close cooperation with the Key Experts and other NKEs is expected.
The responsibilities of the NKE will also include the obligation to provide the necessary knowledge to ensure the compliance of the planned legislation with the EU energy acquis in the field of electricity, as reflected in BiH's obligations under the EnCT. The NKE shall, especially support the Key Experts in the following activities:
a. Drafting BD of BiH level new primary legislation and/or amendments to the existing law in close coordination with TL and other NKEs;
b. Drafting BD of BiH level new secondary legislation and/or amendments to the existing secondary legislation in close coordination with TL and other NKEs – as defined in list of secondary legislation established in Activity 2;
c. Technical assistance and support to RS level Working Team assigned with providing comments on the proposed drafts of legislation by the project;
d. Participation in the information workshop meetings with the Beneficiaries by informing the participants, according to instructions provided by Key Expert 1 and Key Expert 2.
e. Participation in meetings of Working Teams, supporting the Key Experts and other NKEs as needed.
3. Required outputs
a. Working draft and final text of BD of BiH level newly proposed primary legislation and/or amendments to the existing law which will result in adopting EnC electricity acquis, in line with instructions provided by Key Experts reflecting the outcomes of Working Team meetings and consequent written comments of BD of BiH level Working Team and Beneficiaries
b. Working drafts and final texts of BD of BiH level newly proposed secondary legislation and/or amendments to the existing secondary legislation which will result in adopting EnC electricity acquis, in line with the instructions of Key Experts and NKEs reflecting the outcomes of Working Team meetings and consequent written comments of Beneficiaries, as defined in list of secondary legislation established in Activity 2.
c. Drafts of legal opinions and comments aimed to support the proposed drafts of legislation (during the period assigned for drafting BD of BiH primary and secondary legislation)
d. Preparation of presentations at workshops and meetings organized by the Project as necessary
4. Profile required of the NKE
The NKE shall demonstrate, through his/her CV, the following knowledge and professional capacity:
Qualifications and skills:
- University degree in Law;
- proficiency in English language, including legal vocabulary.
General professional experience:
- minimum 7 years of professional experience, preferably 10
- experience in the field of energy law, including electricity law;
- experience with EU or other donor-funded projects related to EU accession process and/or transposition of EU acquis, preferably in the field of energy;
- knowledge of or experience in energy acquis communautaire would be a strong advantage.
Specific professional experience:
- proven track record in drafting laws and/or by-laws in one or several EU Member States
- practical experience in training and/or supporting working teams on legal topics.
Civil servants and other staff of the public administration cannot be recruited as experts unless prior written approval has been obtained from the European Commission.
5. Timing and working arrangements
The work will take place at the premises of AAM in Sarajevo between August and November 2013, with regular visits to Beneficiary offices and facilities, most of them located outside Sarajevo.
To apply
Applications and updated CV should be submitted to ildiko.szabo
aam.hu
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