Terms of Reference (TOR) for a Short term assignment. Policy and Legal Advice Centre (PLAC), Serbia

Transcription

1 Terms of Reference (TOR) for a Short term assignment Technical assistance requested: 2 (two) Senior Experts in EU Animal Health Legislation The project Title: Ref: Main beneficiary: Financing institution: Budget Line / Expert Category: Team Leader: Policy and Legal Advice Centre (PLAC), Serbia EuropeAid/131430/C/SER/RS European Integration Office of the Republic of Serbia (SEIO) European Union Non-Key Short-Term Senior Expert Marija Pejčinović Burić Project background and description PLAC (scope of the work) The scope of this assignment is to assist the Project in its objective to improve the current system for legal approximation process and the level of harmonisation of the national legislation with the EU acquis, thus contributing to a fundamental element of the EU integration process. Further improvement of the European integration structures, including in key line ministries, strengthening verification of the compatibility of government policies and draft legislation with the acquis and EU integration requirements, improving legislation quality, and enhancing cooperation among line institutions are key priorities. The project will assess and enhance the concrete and systemic integration of the transposed acquis in the national legislative framework. To that regard, line institutions at Government central level and the Parliament will be involved through specific assistance. When a plan or a strategy for harmonisation is developed, the project will contribute implementing it. The sustainability of results, including ensuring the necessary capacities for implementation and follow-up, will be specifically in focus. The PLAC project should achieve three results: RESULT 1 Strengthened structures related to harmonization and approximation of national legislation with EU legislation, including mechanisms for consultation of relevant external stakeholders RESULT 2 Compatibility of national legislation with EU legislation improved through preparation of relevant draft laws RESULT 3 Enhanced capacities of the relevant institutions (in particular SEIO, the Secretariat for Legislation, the General Secretariat and line ministries) for harmonization of Serbian legislation with the EU acquis and implementation of national legislation. 1

2 Description of the assignment Title: Non-Key Short-Term Senior Expert Brief description of the assignment: Animal diseases can present a risk to human and animal health, food safety and food security. The Republic of Serbia has adopted Veterinary Law that transpose provisions of the EU animal health legislation, which allows for further transposition of other animal health related legislation into Serbian legal corpus.. The Government of RS has adopted the National Programme for the adoption of the Acquis NPAA, which defines strategic goals, policy and reorganization, measures and activities for achieving EU membership. In the NPAA, it is indicated that It is necessary to strengthen the institutional and administrative professional capacities in terms of capability for full implementation of EU regulations governing animal health and animal welfare and the goals are set for achieving this in 2016 through adoption or/and amendments of the legislation.. As regards the intra-union trade rules for bovine animals the Ministry succeed to partially transpose relevant provisions and ensured recognition of competence of the Veterinary Services of Serbia by the EU and other trade partners. In addition Serbia has fully harmonized national rules with the EU requirements for bovine identification and traceability, and developed the Central database as a supportive tool for animal disease control activities (on bovine brucellosis, tuberculosis and leucosis). However, the Serbian Competent Authority (Ministry of Agriculture and Environmental Protection, Veterinary Directorate), faces difficulties to fully transpose all EU relevant legislation, mainly because of administrative barriers, lack of capacity and legal challenges. The animal health requirements for intra-union trade in bovine animals laid down in Council Directive 64/432/EEC which has been amended several times, harmonises the rules for intra-union trade in bovine animals and establishes the animal health guarantees needed for the trade in these animals between Member States. The Republic of Serbia is a Candidate Country and it has been approved for export of some animal products into the EU, and therefore it is of utmost importance to fully harmonize this Directive. A special attention shall be given to the requirements of article 8 of Directive 64/432/EEC, on details of the occurrence of diseases listed in Annex E (I) and of any other diseases covered by the additional guarantees provided for by the EU legislation in its territory referred to the previous calendar year. In addition special attention shall be given.to article 9 of Directive 64/432/EEC which provides that a Member State, which has a compulsory national control programme for one of the contagious diseases listed in Annex E (II) to that Directive, may submit its programme to the Commission for approval. Also the transposition/implementation of the provision of the same article regarding the definition of additional guarantees which may be required in intra-union trade shall be considered as well as requirements of article 10 of Directive 64/432/EEC on the requirements for the territory or part thereof to be declared free from one of the diseases listed in Annex E (II) (appropriate supporting documentation to the Commission) and the definition of the additional guarantees which may be required in intra-union trade shall be taken into consideration. The EU rules regarding the health status in relation to animal diseases and provisions for tests to detect these diseases to be carried out by official veterinarians (including the lists of Member States and regions thereof declared officially free of bovine tuberculosis, bovine brucellosis and enzootic-bovine- 2

3 leucosis) set out in Commission Decision 2003/467/EC of 23 June 2003, need to be considered for harmonisation as far as relevant. It is also important to harmonize national legislation with Council Directive 78/52/EEC of 13 December 1977 establishing the Community criteria for national plans for the accelerated eradication of brucellosis, tuberculosis and enzootic leucosis in cattle. In other to finalise the harmonisation process, the Ministry request the assistance of two senior experts in EU animal health legislation who will assist the Ministry in drafting regulations transposing the requirements of the Directives. The selected experts shall also conduct a legal gap analysis of the Serbian national rules with that of the EU and hold a Workshop for the Ministry s staff and other stakeholders presenting the mission results and EU rules in this field. In addition the selected expert shall in a close conjunction with the Ministry produce a standard operation procedures (SOP) for the authorities to carry out process of farm free status accreditation and a leaflet for farmers and veterinarians related to the procedures for and benefits of achieving an animal diseases free status of farms. At present, there is no on-going and/or planned assistance projects in the area covered by this ToR. Number of required experts: Duration of the assignment: 2 (two) Non-Key Short-Term Senior Experts Up to a total of 30 working days Period of the assignment: March 2016 April 2016 Place of assignment: Working language: Belgrade, Serbia English Experts Activities Description of the activities: The selected legal expert will conduct a legal gap analysis of the national rules against the EU directives: Council Directive 64/432/EEC and Council Directive 78/52/EEC of 13 December The Commission Decision 2003/467/EC will be taken into consideration as relevant. Based on the draft gap analysis results, the experts will assist the Ministry in drafting relevant national legislation transposing the said two Directives. The selected Animal Health expert shall in a close cooperation with the Ministry s staff, draft relevant standard operation procedures (SOP) to carry out process of accreditation of an official tuberculosis, brucellosis, and enzootic-bovine-leucosis-free status on at least one selected farm eligible for designation of the status (if feasible), or a virtual farm (for a practice purpose only). In addition, the selected animal health expert shall in conjunction with Ministry and in order to promote this activity among farmers and veterinarians in private practice, produce a leaflet related to the procedures for and benefits of achieving an animal diseases free status of farms, The selected experts shall conduct a workshop for the Ministry s designated staff and other stakeholders (e.g. veterinary inspectors, veterinary epidemiologists) in order for them to better understand the issues related to implementation of the EU and the draft Regulation s provisions 3

4 respectively. In this context, they shall present the draft Regulations provisions also explaining the Directives and the Decision s requirements. Outputs: Expert in Animal Health Expert No. 1 Relevant inputs to two draft Rulebooks (transposition of Council Directive 64/432/EEC and Council Directive 78/52/EEC); A draft Standard operation procedure (SOP) A draft Leaflet for farmers and private veterinarians - in cooperation with the Ministry A workshop held, jointly with expert No. 2 Legal Expert, expert No. 2: A draft legal gap analysis Two draft Rulebooks - transposition of Council Directive 64/432/EEC and Council Directive 78/52/EEC); A workshop held, jointly with expert No. 1 The selected experts will work closely together and with the Ministry in order to accomplish the tasks and produce the outputs. Experts Profiles Expert 1 - Non-Key Short-Term Senior Animal Health Expert (15 working days): Qualifications and skills (25 points) A university degree (where a university degree has been awarded on completion of three years study in a university or equivalent institution) in Veterinary science Fluency in English Computer literacy Good communication and reporting skills Knowledge of Serbian language would be an advantage General professional experience (25 points) Minimum 10 years of postgraduate professional experience in agriculture, food safety, or veterinary sector Specific professional experience (50 points) Minimum 5 years of postgraduate professional experience in the field of harmonisation of EU legislation related to veterinary sector Postgraduate professional experience in implementation of requirements of Council Directive 64/432/EEC, Council Directive 78/52/EEC and Commission Decision 2003/467/EC 4

5 Postgraduate professional experience in drafting and/or implementing legislation related to prevention, control and official recognition of herds officially free of bovine tuberculosis, brucellosis, and enzootic-bovine-leucosis, would be an advantage Expert 2 - Non-Key Short-Term Senior Legal Expert in EU Animal Health Legislation (15 working days): Qualifications and skills (25 points) A university degree (where a university degree has been awarded on completion of three years study in a university or equivalent institution) in Veterinary science, Law or similar, relevant to the assignment Fluency in English Computer literacy Good communication and reporting skills Knowledge of Serbian would be an advantage General professional experience (25 points) Minimum 10 years of postgraduate professional experience in agriculture, food safety, or veterinary sector Specific professional experience (50 points) Minimum 5 years of postgraduate professional experience in the field of harmonisation (in particularly transposition) of legislation related EU acquis chapter 12, gained in an EU member state, candidate or potential candidate country Postgraduate professional experience in drafting legislation in veterinary sector related to animal health Postgraduate professional experience in drafting legislation related to animal disease control, would be an advantage Applications (EU format CV and application letter, both in English) need to be submitted by to mbayard@dmiassociates.com with a copy to nderxen@dmiassociates.com not later than 22 February 2016, 17:00 hrs, titled: Application for the positions: Expert 1 - Non-Key Short-Term Senior Animal Health Expert Expert 2 - Non-Key Short-Term Senior Legal Expert in EU Animal Health Legislation Please indicate the position you are applying for References must be available on request. Only candidates with a suitable CV will receive a confirmation on receipt of their application. Only short-listed candidates will be contacted. 5

6 The Project is an equal opportunity employer that encourages applications from women and minorities. All applications will be considered strictly confidential. Civil servants and other officials of the public administration in the beneficiary country, Republic of Serbia are not eligible for the advertised post. For more information, please contact Marion Bayard, project manager, DMI: /