Terms of Reference (ToR) for a Short-Term assignment
Technical assistance requested: 1 (one) Senior Non-Key Expert in the area of Negotiating Ch. 15, Energy – Commission Delegated Regulation (EU) 2019/807 (“ILUC” Regulation)
Project Title: Policy and Legal Advice Centre (PLAC III), Serbia
Ref: EuropeAid/139295/DH/SER/RS
Service Contract No.: (CRIS) 2018/404-529
Main beneficiary: The Ministry of European Integration of the Republic of Serbia
Target Beneficiaries: Negotiating Group Ch. 15; Ministry of Mining and Energy
Budget Line/Expert Category: One Senior Non-Key Expert
Duration of the assignment: 20 working days, from September 2023 until February 2024
1. Relevant background information
Background information in relation to the PLAC III project:
The scope of the PLAC III project is to provide support to relevant national institutions in charge of alignment of national legal acts with the Union acquis and to contribute to further building of capacities of relevant national structures for the successful carrying out of accession negotiations.
The PLAC III project should achieve two results:
RESULT 1- Enhanced compatibility of national legislation with EU legislation and its effective implementation,
RESULT 2 – Enhanced capacities of the relevant national structures for the successful carrying out of accession negotiations
In general, the Project aims to foster the process of accession negotiations of the Republic of Serbia by supporting the effective alignment of national legislation with the Union acquis and its implementation and by further building the capacities of involved carriers of the EU integration process in the Republic of Serbia. Upon completion of the screening process in 2015, the Serbian public administration has entered into much more demanding and obliging exercises of accession negotiations, whereby each step and every decision should result in approaching actual membership in the EU. For this scenario to happen in accordance with planned dynamics, preparedness and adequate institutional capacity of public administration with highly competent staff are of crucial importance. In the core period of the negotiations, the PLAC III project shall support domestic line institutions and the negotiating structures both in the performance of quality operational work in relation to the harmonisation process and in the effective coordination during various stages and phases in the process for different negotiation chapters.
2. Background information in relation to Chapter 15 – Energy
EU energy policy in Chapter 15 covers energy supply, infrastructure, the internal energy market, consumers, renewable energy, energy efficiency, nuclear energy, nuclear safety and radiation protection.
In accordance with the Treaty on the Establishment of the Energy Community that entered into force in 2006, the European Commission constantly monitors and reports on the degree of compliance of the Republic of Serbia’s national legislations in the field of energy with the Union acquis through bodies of the Energy Community (EC) established by the Treaty.
The Stabilisation and Association Agreement (signed in 2008 and entered into force in 2013), highlights the necessity of regional cooperation in the energy field with the aim of gradual integration into the European energy market.
In accordance with the new EU methodology for accession negotiations (COM (2020) 57 final), Chapter 15 is a part of Cluster 4 – Green Agenda and Sustainable Connectivity. Cluster 4 includes four chapters: 14 – Transport policy, 15 – Energy, 21 – Trans-European networks and 27 – Environment and climate change. Compliance with the acquis of the Cluster is critical for the implementation of the Green Agenda for the Western Balkans, which Serbia approved in November 2020 and which is closely related to the Economic Program reforms of the Republic of Serbia and to the European Economic and Investment Plan for Western Balkans adopted by the European Commission. Negotiations in Cluster 4 opened on 14 December 2021.
The Country Progress Report of the European Commission (EC) for 2022 (Serbia 2022 Progress Report) states that Serbia has achieved limited progress in Chapter 15. In 2021, new legal regulations were adopted in the field of energy, as well as renewable energy, which increased alignment with the Union acquis, especially in the area of renewable energy. The level of alignment with the Union acquis on security supply has been assessed as high and, in the field of internal energy market, the basic legislation of Serbia is harmonised with the third EU energy package. In the coming period, Serbia should finalise and implement the National Energy and Climate Plan (NECP) and Energy Sector Development Strategy in accordance with the Green Agenda for the Western Balkans and the obligations from the Energy Community Treaty and advance on the green energy transition by increasing the share of renewables (Serbia 2022 Progress Report, p. 116).
The Ministerial Council of the Energy Community adopted Decision No: 2021/14/MC-EnC, dated 30.11.2021, by which Directive (EU) 2018/2001 on the promotion of the use of energy from renewable sources from 11 December 2018 (RED II), was included in the regulations of the Energy Community and adapted for use in the Energy Community. Also, the Ministerial Council of the Energy Community adopted Decision No: 2022/02/MC-EnC, dated 15.12.2022, on amending Decision No: 2021/14/MC-EnC.
According to Decision No: 2021/14/MC-EnC, the Republic of Serbia, as a Contracting Party to the Treaty on the Establishment of the Energy Community, has the obligation to transpose the provisions of RED II into the national legislation. i.e. to bring into force the laws, regulations and administrative provisions necessary to comply with Directive (EU) 2018/2001.
After the adoption of the Law on Renewable Energy in April 2021, Serbia continued alignment with RED II by adopting a set of by-laws for renewable energy sources (RES), including the Government’s Decree on Biofuel Sustainability Criteria.
However, the European Commission adopted Delegated Regulation (EU) 2019/807 of 13 March 2019, supplementing RED II as regards the determination of high indirect land-use change-risk feedstock for which a significant expansion of the production area into land with high carbon stock is observed and the certification of low indirect land-use change-risk biofuels, bioliquids and biomass fuels („ILUC Regulation“).
In order to fulfil obligations regarding the ILUC Regulation it is necessary to perform a detailed analysis of legal and institutional gaps in the existing national legal and institutional framework, propose key modifications to the existing institutional and regulatory framework and to prepare a draft of legislative acts that would transpose and implement the provisions of Commission Delegated Regulation (EU) 2019/807.
At present, there are no ongoing or planned assistance projects for the activities covered by this ToR.
3. Description of the assignment:
3.1 Specific objectives
The specific objective of this assignment is to provide assistance to the Ministry of Mining and Energy (MoME) and the Negotiating Group for Ch. 15 (NG 15) in order to align Serbian legislation in renewables with Commission Delegated Regulation (EU) 2019/807 and to comply with the decision of the Ministerial Council of the Energy Community 2021/14/MС-EnC and decision of the Ministerial Council of the Energy Community 2022/02/MC-EnC.
In the scope of this objective, these activities are foreseen:
Expert support to the MoME and NG 15 is required to identify the legal and institutional gaps in the existing national legal and institutional framework in relation to Commission Delegated Regulation (EU) 2019/807 requirements, to determine the degree of amendments and modifications in the existing legislation needed to close the gap identified. Furthermore, to prepare drafts of legislative acts amending the existing regulatory framework and implementing the ILUC Regulation and table of concordance.
Before finalisation of the outputs expert shall hold the workshop for the MoME and representatives of the NG 15.
3.2 Requested services
The Senior NKE is expected to provide the following services:
1. Assist the MoME and NG 15 in:
- Preparing an analysis of legal and institutional gaps in the existing national legal and institutional framework in relation to Commission Delegated Regulation (EU) 2019/807 requirements;
- Identifying the degree of amendments and key modifications in the existing regulatory and institutional framework needed to close the gap identified, with which the alignment and implementation of Commission Delegated Regulation (EU) 2019/807 would be carried out;
- Preparing drafts of legislative acts amending and supplementing the existing regulatory framework to provide legal basis enabling full implementation of the ILUC Regulation, including the text of new implementing by-law(s);
- Preparing the table of concordance for Commission Delegated Regulation (EU) 2019/807; and
- Delivering a workshop.
3.3 Outputs
The Senior NKE is expected to deliver the following outputs:
- Legal and institutional gap assessment report identifying amendments and modifications in the regulatory and institutional framework needed to close the gap, drafted
- Draft legislative acts amending and supplementing the existing regulatory framework, drafted;
- By-law(s) enabling full implementation of the ILUC Regulation, drafted;
- Table of concordance, drafted;
- Workshop held.
3.4 Reporting
The Senior NKE shall provide the following reports by using the templates of the Project:
- A Final Mission Report, no later than 1 week after the completion of tasks under this This report will include a description of all activities and outputs provided by the SNKE in the context of this assignment;
- A brief Interim Report – only upon request of the PLAC III team: TL and/or Submission of reports:
- A Final Mission Report prepared in the agreed quality shall be submitted to the Team Leader of the Project for review, comments and final approval;
- The reports shall be signed by the SNKE and the Team Leader, responsible for endorsing the reports;
- The reports and all prepared documents shall be submitted in a hard copy and electronic version to the Team Leader of the Project
3.5 Specifics
The SNKE shall work under the guidance and follow the instructions of the Team Leader. The SNKE shall collaborate with the Project team, other experts involved and representatives of the relevant beneficiary institutions.
For each of the short-term missions, the timing and duration shall be agreed upon with the Beneficiary and the PLAC III team prior to each planned mission.
3.6 Expert input
3.6.1 Total working days
20 working days (WDs) in total have been planned for the Senior Non-Key Expert for this assignment.
3.6.2 Period of the assignment and starting day
It is expected that the work will be performed through several missions during the period from September 2023 until February 2024. However, the starting date will be confirmed at a later stage.
3.6.3 Location/place of assignment
The SNKE must deliver 100% of the input in Serbia.
3.6.4 Working language
English
4. Experts’ profile – Senior NKE (20 working days):
4.1 Qualifications and skills (25 points)
- A level of education which corresponds to completed university studies of at least 5 years, attested by a diploma such as law, economy, energy engineering, agriculture or similar, relevant to the assignment;
- Computer literacy;
- Proficiency in report drafting;
- Excellent communication and analytical skills;
- Proficiency in the English language;
- Independence and freedom from conflicts of interest in the undertaken responsibilities.
4.2 General professional experience (25 points)
- At least 8 (eight) years of general postgraduate professional experience related to the EU acquis, gained in an EU Member State, or a candidate country.
4.3 Specific professional experience (50 points)
- At least 3 (three) preferably 5 (five) years of postgraduate professional experience in drafting and/or implementing legislation in relation to the Union acquis in the area of renewable energy and ILUC;
- Knowledge of the Serbian legal system will be an advantage.
5. Applications
Applications (EU format CV and application letter in English) need to be submitted by e-mail no later than 31 August 2023, 17:00 hrs, titled:
“Application for the position – Senior NKE in the area of Energy, Ch. 15 – Commission Delegated Regulation (EU) 2019/807 (“ILUC” Regulation)”.
References must be available on request. Only short-listed candidates will be contacted.
Pre-selected experts will be requested to sign a Statement of Availability (SoA) in which they acknowledge and confirm their availability to accomplish this assignment within the indicated period, at the indicated starting date and within the number of working days requested.
The Project is an equal opportunity employer. All applications will be considered strictly confidential.
Advertised posts are not available to civil servants or other officials of the public administration in the beneficiary country, Serbia.