International consultant for the preparation of the Study and specific plans for managing special types of waste

Background

Montenegro was granted the status of a candidate country for membership in the European Union (EU). The recommendation of the relevant authorities of the European Commission (EC) underline the need to protect the environment and, in this regard, to build municipal infrastructure that should ensure appropriate waste management. Among other things, the status of a candidate country also intensified Montenegro’s commitments related to the implementation of regulations aligned with the European legislation, and concurrently increased opportunities for larger financial support from the EU pre-accession funds. The process of adaptation or harmonization of the national legislation with the EU legislation, which resulted in adoption of numerous laws and other regulations, has taken place since 2000.

The issues of environmental protection did not receive the necessary attention. Being aware of the need to change that situation, the Parliament of Montenegro adopted the Declaration concerning the Ecological State of Montenegro in 1991, while the 1992 Constitution and the Constitution of 2007 established Montenegro as an ecological state. Thus, the basics to regulate the situation and measures to be taken at the state level for resolving environmental issues were clearly identified. This also represents an unequivocal support to sustainable development, which Montenegro has identified as a predominant strategic developmental determinant in two important documents: "Development Directions of the Ecological State of Montenegro", approved by the Government of Montenegro in 2001 and the "National Strategy for Sustainable Development", adopted by the Government of Montenegro in March 2007. By adopting the Environmental Law in 2008, Montenegro committed itself to base its own development on the principles of sustainability.

Having realized the critical impact of environmental protection on the economic development potential, particularly on tourism, the Government of Montenegro has confirmed its commitment to identify and eliminate deficiencies, as well as to improve the situation, both at the legislative and institutional level and at the level of construction of necessary infrastructure.

1. Current situation in the field of municipal waste management

With regard to the waste management infrastructure, the following has been built so far: regional landfills for non-hazardous waste in Podgorica and Bar; recycling centers in Podgorica and Herceg Novi; treatment facilities of end-of-life vehicles in Podgorica (2), Berane, Cetinje and Niksic (3); transfer stations in Kotor and Herceg Novi; recycling yards in Podgorica (5), Herceg Novi (1) and Kotor (1). A waste sorting facility was opened in Zabljak (recycling yard with a transfer station). The first compost production facility was opened in the municipality of Kotor, with the aim of solving green waste management issues in the municipalities of Kotor, Tivat, Budva and Herceg Novi. A facility for treatment of medical waste collected from territories for municipalities of Kolašin, Mojkovac, Bijelo Polje, Pljevlja, Berane, Rožaje, Andrijevica and Plav was set up in Berane, and another one in the Capital City of Podgorica.

Montenegro Waste Management Strategy until 2030 and the National Waste Management Plan 2015-2020 were adopted in July 2015, and the National strategy with the action plan for transposition, implementation and enforcement of EU acquis on environment and climate change 2016-2020 was adopted in 2016.

In addition to the institutional framework development, it is important to underline the possibility of receiving funds through financial arrangements with the European Investment Bank and the World Bank, as well as the possibility of getting grants from IPA pre-accession support. The funds for preparation of spatial planning and technical documentation are generally provided by the Government of Montenegro, as well as through technical support of international financial institutions and organizations.

2. The legislative framework

In addition to the provision from Article 1 of the Constitution of Montenegro, which defines Montenegro as an ecological state, the following regulations are relevant for this area:

• Law on Waste Management (Official Gazette of Montenegro 64/11 and 39/16)
• Law on Environment (Official Gazette of Montenegro 48/08, 40/10 and 40/11)
• Law on Nature Protection (Official Gazette of Montenegro br. 51/08, 21/09 and 40/11)
• Law on Environmental Impact Assessment (Official Gazette of Montenegro 80/05 and 27/13)
• Law on Strategic Environment Impact Assessment (Official Gazette of Montenegro 80/05, 73/10, 40/11 and 59/11)
• Law on Local Self-Government (Official Gazette of Montenegro 42/03, 28/04, 75/05 and 13/06 and Official Gazette of Montenegro 88/09, 03/10 and 38/12)
• Law on Utility Services (Official Gazette of Montenegro 55/16)
• Law on Spatial Development and Construction of Structures (Official Gazette of Montenegro 33/14)
• Rulebook on detailed conditions to be fulfilled by municipal sewage sludge, quantities, volume, frequency and methods of analysis of municipal sewage sludge for permissible purposes and conditions to be fulfilled by the land planned for its implementation (Official Gazette of Montenegro 89/09)
• Regulation on the manner and procedure for the establishment of the system of taking, collecting and treating end-of-life vehicles and on its operation (Official Gazette of Montenegro 28/12)
• Regulation on the manner and procedure for the establishment of the system of taking, collecting and treating waste from electrical and electronic products and on its operation (Official Gazette of Montenegro 24/12)
• Rulebook on waste classification and waste catalogue (Official Gazette of Montenegro 35/12)
• Regulation on the manner and procedure for the establishment of the system of taking, collecting and treating waste tyres and on its operation (Official Gazette of Montenegro 39/12)
• Regulation on the manner and procedure for the establishment of the system for taking, collecting and treating waste batteries and accumulators and on its operation (Official Gazette of Montenegro 39/12)
• Regulation on detailed criteria, amount and method of payment of a special waste management fee (Official Gazette of Montenegro 39/12)
• Regulation on the manner and procedure for the establishment of the system for taking, collecting and treating packaging waste and on its operation (Official Gazette of Montenegro 42/12)
• Rulebook on waste oil treatment (Official Gazette of Montenegro 48/12)
• Rulebook on the treatment of equipment and waste containing PCBs (Official Gazette of Montenegro 48/12)
• Rulebook on criteria, method and treatment of medical waste (Official Gazette of Montenegro 49/12)
• Rulebook on construction waste treatment, method and procedure of construction waste processing, conditions and manner of disposal of cement asbestos construction waste (Official Gazette of Montenegro 50/12)
• Rulebook on the manner of keeping records of waste and the content of a form on waste transport (Official Gazette of Montenegro 50/12)
• Rulebook on conditions to be met by a company or entrepreneur for waste treatment and/or disposal of waste (Official Gazette of Montenegro 53/12)
• Rulebook on the detailed content and manner of submission of annual reports on the implementation of waste management plans (Official Gazette of Montenegro 53/12)
• Rulebook on the detailed content and manner of drawing up a waste management plan of a waste producer (Official Gazette of Montenegro 05/13)
• Rulebook on the conditions to be met by a company or entrepreneur for waste collection and transport (Official Gazette of Montenegro 16/13)
• Rulebook on the method of packaging and disposal of asbestos-containing waste (“Official Gazette of Montenegro 11/13)
• Rulebook on the manner of keeping and the content of the application for entry into the register of exporters of non-hazardous waste (Official Gazette of Montenegro 27/13)
• Rulebook on detailed characteristics of the site, building conditions, sanitary and technical conditions, mode of operation and closure of landfills (Official Gazette of Montenegro 31/13 and 25/16)
• Regulation on the manner and conditions of waste storage (Official Gazette of Montenegro 33/13 and 65/15)
• Rulebook on incineration and/or co-incineration of waste (Official Gazette of Montenegro 33/13)
• Rulebook on keeping the register of issued permits for the treatment and/or disposal of waste, the register of waste collectors, carriers, traders and intermediaries (Official Gazette of Montenegro 47/13)
• Rulebook on the collection and delivery of end-of-use vehicles whose owner is unknown (Official Gazette of Montenegro 47/13)
• Rulebook on conditions for bio-waste treatment and criteria for the determination of quality of products of bio-waste organic recycling (Official Gazette of Montenegro 59/13)
• Rulebook on detailed conditions for entry into the register of waste intermediaries and traders (Official Gazette of Montenegro 46/13 and 21/14)
• Rulebook on the methods of testing hazardous properties of waste and detailed conditions to be fulfilled by an accredited laboratory for testing the hazardous properties of waste (Official Gazette of Montenegro 21/14)
• Regulation on detailed conditions to be met by substances or objects resulting from the production process for by-products (Official Gazette of Montenegro 30/15)
• Rulebook on the method of calculating the minimum insurance sums in case of damage incurred to third parties or their property (Official Gazette of Montenegro 40/15)
• Regulation on the manner and conditions of waste storage (Official Gazette of Montenegro 33/13 and 65/15)
• Rulebook on the content of the application and documentation for the issuance of permit for treatment and/or disposal of mining waste (Official Gazette of Montenegro 78/16)
• Rulebook on the detailed content of the documentation submitted with the application for the issuance of permit for import, export and transit of waste, as well as the lists of waste classification (Official Gazette of Montenegro 83/16)
• Regulation on the criteria for the cessation of the status of iron, steel, aluminium, copper and glass waste (Official Gazette of Montenegro 26/17).

Other:

• Montenegro Waste Management Strategy until 2030 (2015)
• National Waste Management Plan of Montenegro 2015-2020 (2015)
• National strategy with the action plan for transposition, implementation and enforcement of EU acquis on environment and climate change 2016-2020 (2016)
• Draft Negotiating Position of Montenegro for Chapter 27 – Environment and Climate Change – area of Waste Management, for intergovernmental conference on Montenegro's accession to EU (the Negotiating Position of Montenegro)
• Spatial Plan of Montenegro (from 2008).

Objective of the assignment

In 2016, The Government of Montenegro adopted the National strategy with the action plan for transposition, implementation and enforcement of EU acquis on environment and climate change 2016-2020. This Strategy serves as a frame for transposition, implementation and enforcement of EU acquis on climate change environment. The Strategy also includes the action plan with detailed activities to be implemented, as well as plans for development of relevant administrative capacities and an assessment of financial sources. For the purposes of implementation of the Strategy, the action plan envisages development of the Study of the management of special types of waste and specific implementation plans for related directives.

The overall goal to be accomplished with preparation of the Study and Specific Plans is creation of conditions for organization and performance of waste management activities in Montenegro, particularly special types of waste (packaging waste, end-of-life vehicles, waste tyres, waste from electrical and electronic equipment, waste batteries and accumulators) in a feasible, sustainable and efficient manner, in accordance with relevant legislation and the best practice in EU member states.

Duties and Responsibilities

In order to establish an optimal applicable model of organizing waste management activities, the geographic area that needs to be covered is the entire territory of Montenegro. The goal of drafting the Study and Specific Plans is to solve problems in the area of waste management, problems which affect the population, touristic and economic structure in Montenegro. The Ministry of Sustainable Development and Tourism will perform the coordination of activities in regard to the preparation of the Strategy and Specific Plans and its authorized representatives (coordinators) will be in charge of cooperation with the Consultant during the drafting of relevant documentation.

The Ministry of Sustainable Development and Tourism will provide all relevant documents (reports, maps, etc.) in their possession to the Consultant for insight, as well as the documentation that it manages to obtain from competent institutions. It is the Consultant's obligation to check the quality and adequacy of this documentation. Cooperation with relevant competent bodies is being performed through the Ministry of Sustainable Development and Tourism.

At the end of its involvement, the Consultant will continue to be a contact person, who will be available for consultations, with regard to follow-up activities of the Ministry of Sustainable Development and Tourism on implementation of the Strategy and Specific Plans.

The consultancy assignment includes the following:

I Preparation of the Study will include, but not be limited to the following activities:

• Analysis of current experiences in the management of special types of waste – the Consultant needs to analyse the current status of management of special types of waste in Montenegro. This should include the analysis of special types of waste (i.e. their origin, amount, disposal, etc.) and the data on where these types of waste are being generated or stored. The Consultant needs to prepare projections on future waste generation for each individual type of waste. For that purpose, the Study Consultant needs to make realistic and EU Member States comparable presumptions with regard to the effects which result from measures such as separate collection, implementation of extended producer responsibility (EPR) schemes, etc.
• Presentation of the legislative and institutional framework – the Consultant will present the current EU legislation requirements, current situation and results in regard to implementation of EU legislation in Montenegro, in order to reach a conclusion on further requirements for full implementation of EU legislation.
• Presentation of the best EU practices in the area of management of relevant special types of waste – the Consultant is required to show the experiences of other EU Member States which refer to previously applied, current and planned technologies, in order to implement EU directives. Based on the input information, possible models of management for certain schemes of separate collection and processing and introduction of extended producer responsibility or some other system of collection need to be explained and their comparability with EU Member States’ schemes needs to be shown.
• Organization of a workshop – after obtaining the positive opinion from the Commission for Technical Check of Documentation, the Consultant should organize a workshop and present the Study to the relevant stakeholders, with particular reference to the conclusions.

II The Consultant will prepare special specific implementation plans for the following directives:

• Directive 2008/98/EC on Waste,
• Directive 1999/31/EC on the landfill of waste,
• Directive on packaging and packaging waste 94/62/EC,
• Directive 2006/66/ES on batteries and accumulators and waste batteries and accumulators, and
• Directive 2012/19/EU on waste electrical and electronic equipment.

Based on the existing EU and Montenegrin legislation, documentation which refers to the waste management, spatial planning and other relevant documentation, the Consultant should draft the Study and Specific Plans.

An acceptable solution will be developed, which will enable the Contracting Authority to implement activities in a clear manner, with the goal of reaching functional waste management, especially with regard to special types of waste (packaging waste, end-of-life vehicles, waste tyres, waste from electrical and electronic equipment, waste batteries and accumulators).

It is necessary that the Consultant previously conducts the research necessary for the drafting of the Study and Specific Plans and collects all of the required field data for drafting the relevant documentation.

Content of the Study and Specific Plans

The Consultant needs to prepare the Study which should specifically contain:

• Basic data on the territory of Montenegro,
• Analysis and assessment of the current situation in the area of waste management, particularly special types of waste (packaging waste, end-of-life vehicles, waste tyres, waste from electrical and electronic equipment, waste batteries and accumulators),
• Legislative and institutional framework,
• Variant technical solutions which refer to the way of organizing waste management, especially with regard to the special types of waste (specifically taking into account the best EU practices),
• Financial and economic analysis of variant technical solutions with a proposal of optimal variant technical solution which refers to the way of organizing waste management, especially with regard to relevant special types of waste,
• Concluding remarks,
• Action Plan for implementation of activities from the Study, with key implementing entities, measures, realization periods and assessments of required funds.

The Consultant should develop Specific Plans, which for certain directives should specifically contain:

• DIRECTIVE 2008/98/EC ON WASTE OF THE EUROPEAN PARLIAMENT AND THE COUNCIL

Content of the Specific Implementation Plan for the Directive:1. Introduction and General Overview- Introduction- General Overview2. Directive Background- Process of accession of Montenegro- Directive Requirements3. Current situation- Legislative framework- Institutional framework-  Reuse and recycling of waste materials (paper, metal, plastic and glass)- Processing of bio-waste- Reuse, recycling and other forms of processing non-hazardous construction waste-  Hazardous waste management-  Waste management plans- Programme for prevention of waste production4. Implementation measures- Legal and administrative measures in order to provide the framework for Montenegro to become a state with a high degree of resource utilization, including definition of the time period for fulfilling the goals for recycling household waste, which include bio-waste and definition of the criteria for the quality of compost (criteria for cessation of the waste status) and criteria for processing construction waste materials (including backfilling procedures)- Technical measures specific for treatment of sewage sludge, waste oils and plastic waste and measures required for recycling of ships- Other measures5. Cost assessment- Measures included in the assessed cost- Access and assumptions- Assessment of Directive implementation cost- Summary of cost assessment6. Implementation Plan, financing and transitional period-  Waste management plans- Household waste management plan, including the measures for decreasing biologically degradable waste and measures for setting up the infrastructure in the waste management area (waste collection system, transfer stations, composting (or other forms of bio-waste treatment), recycling locations (locations for bulky household waste) and locations for waste disposal)- Manufacturer's responsibility- Financing and transitional period7. Proposal for negotiating position.

• DIRECTIVE 1999/31/EC ON THE LANDFILL OF WASTE OF THE EUROPEAN PARLIAMENT AND THE COUNCIL

Content of the Specific Implementation Plan for the Directive:1.  Selection and justification for the reference year2.  Definition and list of landfills and informal waste disposal locations2.1  Definition2.2  List of landfills and informal waste disposal locations3.  Plan for closing landfills and informal waste disposal locations3.1. Implementation plan approach3.2. Risk assessment (SHOULD SOMETHING BE ADDED HERE?)3.3.  Technical requirements for closing the landfills and informal waste disposal locations3.4  Cost and plan for closing the landfills and informal waste disposal locations4.  Cost and financing of closing the landfills and informal waste disposal locations4.1.  Assessment of the waste disposal costs4.2. Financing of waste disposal infrastructure construction4.2.1.  Principles of waste disposal financing4.2.2. Sources of financing5. Plans for waste disposal at landfills6.  Transitional period for the implementation of Articles 14 and 5 (Transitional periods)

• DIRECTIVE 94/62/EC ON PACKAGING AND PACKAGING WASTE OF THE EUROPEAN PARLIAMENT AND THE COUNCIL

Content of the Specific Implementation Plan for the Directive:1. Introduction and General Overview- Introduction- General Overview2. Directive Background- Process of accession of Montenegro- Directive Requirements3. Current situation- Legislative framework- Institutional framework- Municipal waste production- Municipal waste composting- Municipal waste collection- Recycling - Processing and disposal4. Implementation measures- Legislative and administrative measures for establishing one or several mutually competitive schemes for packaging waste,- Projection of packaging waste generation in relation to packaging material,- Technical measures,- Other measures, like setting up of the so-called clearing house, a body competent for responsibility of manufacturers.5. Cost assessment- Methodology- Key components of cost- Presumptions for the basic scenario- Assessment of Directive implementation cost- Summary of cost assessment6. Sources of financing- Public budgets- Collection from users- International grants and loans- Overview of sources of financing- Potential income from sales of processed materials, electric energy and heating- Manufacturers' responsibility7. Financial Plan, Transitional Period and implementation dynamic- Gap analysis for capital expenditures- Gap analysis for existing expenditures- Transitional Period and implementation8. Proposal for negotiating position.

• DIRECTIVE 2012/19/EU ON WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT (WEEE) OF THE EUROPEAN PARLIAMENT AND THE COUNCIL

Content of the Specific Implementation Plan for the Directive:1. Introduction and General Overview- Introduction- General Overview2. Directive Background- Process of accession of Montenegro- Directive Requirements3. Current situation- Institutional framework-  System of WEEE collection- WEEE processing- WEEE treatment systems- Information on end users and processing facilities- Inspection and monitoring4. Implementation measures- Legislative and administrative measures, including the measures for establishing an adequate scheme at the level of entire Montenegro,- Technical measures- Other measures for fulfilment of collection and processing goals from the Directive, including the measures for better control of illegal import WEEE to Montenegro.5. Cost assessment- Measures encompassed by cost assessment- Access and requirements- Assessment of Directive implementation cost- Summary of cost assessment6. Implementation Plan, Financing and Transitional Period- Waste management plans- Responsibility of manufacturers, including the demands for “authorized representatives” if they are doing business in Montenegro,- Implementation Plan- Financing and Transitional Period, especially for the goals of the Directive in regard to collecting and processing.7. Proposal for negotiating position.

• DIRECTIVE 2006/66/ES ON BATTERIES AND ACCUMULATORS AND WASTE BATTERIES AND ACCUMULATORS OF THE EUROPEAN PARLIAMENT AND THE COUNCIL, WHICH HAS REPEALED THE DIRECTIVE 91/157/EEC

Content of the Specific Implementation Plan for the Directive:1. Introduction and General Overview- Introduction- General Overview2. Directive Background- Process of accession of Montenegro- Directive Requirements3. Current situation- Legislative framework- Institutional framework- Registration of manufacturers and importers of batteries- Collection schemes-  Processing and recycling4. Implementation measures- Legislative and administrative measures for full establishment of the “extended responsibility principle” for collection, processing and recycling of waste batteries,- Technical measures- Other measures for eliminating the “free-rider” problems, establishing and managing a registry of all producers/importers of accumulators.5. Cost assessment- Measures encompassed by cost assessment- Access and requirements- Assessment of Directive implementation cost- Summary of cost assessment6. Implementation Plan, Financing and Transitional Period- Waste management plans- Responsibility of manufacturers,- Implementation Plan- Financing and Transitional Period, especially for the goals of the Directive in regard to collection and processing.7. Proposal for negotiating position.

Remark: In accordance with the Draft Negotiating Position of Montenegro in the area of waste management for transitional periods for full application of relevant directives and fulfilment of goals, percentages at the annual level should be provided.

The Consultant is obliged to submit the Action Plan for Realization of Activities to the Contracting Authority within 5 days from the day of signing of the Contract, in accordance with these Terms of Reference, for getting consent and organizing a working meeting, where it will present the plans of working on the documentation.

The Consultant has the obligation to establish good cooperation with the Commission for Technical Check of Documentation, whose engagement is the responsibility of the Ministry of Sustainable Development and Tourism, and to make adjustments until full compliance with its requirements is reached, within a deadline not longer than 15 days.

During the work on the Study and Specific Plans, the Consultant is obliged to cooperate with the Ministry of Sustainable Development and Tourism and regularly inform it on progress of its work, in accordance with the following:

• Initial report – 30 days,
• Draft Study and Specific Plans – 5 months after the beginning of Contract implementation,
• Revised Study and Specific Plans – 9 months after the beginning of Contract implementation.

During the drafting stage, the Consultant is obliged to submit for insight the working materials of prepared documentation (the Study and Specific Plans) to the Ministry of Sustainable Development and Tourism.

Upon obtaining a positive opinion from the Commission for Technical Check of Documentation on the Study and Specific Plans, the Consultant is obliged to submit to the Ministry of Sustainable Development and Tourism and UNDP the final version of the Study and Specific Plans in Montenegrin and in English language.

The consultant is expected to start with activities at the end of February 2018, with a completion period in a maximum of 9 months. The Consultant will be expected to provide long-distance advice and in-country consultations and trainings. Therefore, three missions to Montenegro with the maximum of 15 working days of duration are expected.

Competencies

• Demonstrates integrity by modelling the UN’s values and ethical standards;
• Promotes the vision, mission and strategic goals of UN/UNDP/MEA;
• Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
• Ability to lead strategic planning, results-based management and reporting;
• Builds strong relationships with clients, focuses on impact and result for the client and responds positively to feedback;
• Consistently approaches work with energy and a positive, constructive attitude;
• Excellent communication skills, facility in working with teams and capacity to compose clear and readable narrative reports;
• Excellent presentation skills, demonstrated ability to facilitate trainings;
• Demonstrates ability to manage complexities and work under pressure, as well as conflict resolution skills;
• Excellent organizational and time management skills.

Required Skills and Experience

Education:

• University degree in hazardous waste management, environmental science and management, chemistry, or related fields; Advanced degree is desirable.

Experience:

• Minimum of 10 years of experience in preparation of national reports and assessments related to the waste, chemicals in the environment, etc;
• Previous experience in the preparation of the Study and specific plans for managing special types of waste would be considered as an advantage;
• Demonstrable experience in training and capacity building of national stakeholders and institutions;
• Experience in Policy/Regulatory and Institutional assessments;
• International experience and good knowledge of principles of waste management is an asset.

Languages:

• Fluency in English with exceptional writing, presentation and communication skills;
• Knowledge of Montenegrin language would be considered as an advantage.

Criteria for selection: 

Combined Scoring method will be used. When using this weighted scoring method, the award of the contract should be made to the inidividual consultant whose offer has been evaluated and determined as: (i) responsive, compliant, acceptable, and (ii) 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% (Background and education 10%; Relevant previous experience 20%; Substantial knowledge/Required competencies 30%; Required language 10%);
• Financial criteria weight - 30%.

Only offerors obtaining a minimum 490 points for technical criteria will be considered for the financial evaluation. For more information on procurement methodology for Individual Contractors, please refer to Procurement Notice.

Application procedure:

Interested applicants are requested to submit their applications by January 30, 2018 by using the Apply now button. The application should contain a duly completed Personal History Form (P11) that can be downloaded from http://www.me.undp.org/content/montenegro/en/home/operations/jobs.html. Please note that UNDP jobsite system allows only one uploading of application document, so please make sure that you merge all your documents into a single file.

Only the short-listed applicants will be contacted and requested to submit a letter of interest including a price quotation indicating the lump sum (in EUR) requested for the work and travel envisaged in the section "Description of Responsibilities".