Legal Expert: Energy Efficiency Reform (Category 2) в Офіс підтримки реформ (RST) Міністерства розвитку громад та територій України

1. Objective(s) and linkages to Reforms
A Reform Support Team (RST) at the Ministry for Communities and Territories Development of Ukraine (MCTD) is a group of Ukrainian professionals (non-civil servants) funded on a temporary basis by international donors to provide targeted technical support and assists the MCTD in the design and implementation of priority reforms. The RST will assist in filling the capacity gaps in the design and implementation of priority reform strategies and programs, while strengthening links and partnerships between the Ministry’s priorities and relevant donor support.

The main reform areas that the RST will be dealing with are focused on the design and implementation of Energy Efficiency Reform, Utilities Sector Reform, Housing Policy reform, comprehensive Construction Industry Reform and PAR, as stipulated by Ukraine’s commitments to the EU Association Agreement.

The Energy Efficiency Reform is one of the priorities for the Government of Ukraine and the MCTD as it positively affects all Ukrainian citizens, and it aims at the following:

• Enhancing energy efficiency in residential and public buildings;
• Strengthening legal certainty, planning tools, and financing mechanisms, information, and incentives to boost thermal modernisation of buildings;
• Improving the national legislative framework for energy audit, energy performance certification, and technical building systems inspection.
• The RST’s scope of work within the Energy Efficiency Reform includes but is not limited to supporting the MCTD in the following activity areas:
• Drafting and amending primary and secondary legal acts to ensure their compliance with the provisions of the EU legislation, in particular, the Energy Performance of Buildings Directive and the Energy Efficiency Directive;
• Devising and implementing a long-term strategy to mobilise investment, set incentives, and eliminate market barriers for thermal modernisation of the national stock of residential and public buildings;
• Establishing and deploying long-term energy planning, energy management systems for buildings owned by public bodies at the state, regional and local levels;
• Implementing the best international experience and practices (e.g., energy performance contracting, subsidies to investments, digital transformation, etc.) to improve energy and resource efficiency in buildings.

2. Position and reporting line
The Legal Expert on Energy Efficiency Reform (Legal Expert) is subordinated to the Project Manager on the Reform and works in close cooperation with the MCTD Deputy Minister in the relevant areas. A highly qualified professional is needed to support the MCTD in necessary legislation changes related to Energy Efficiency Reform, and to support the MCTD initiatives and the alignment and implementation of the EU acquis (legislative and non-legislative measures) and relevant secondary legislation.

3. Duration and proposed timeframe
The initial consultancy assignment is expected to start in March 2022 and has an estimated duration of up to 6 months. The probation period will last for three months. The duration of the assignment and an opportunity for extension will be aligned to the donors’ funding availability, consultant’s performance, and the specific needs of the RST.

4. Main Duties, Responsibilities and Deliverables
Main duties and responsibilities:

• Analysis of existing and upcoming international and national commitments of Ukraine in energy efficiency and climate and contribution to the Energy Efficiency Reform’s agenda, priorities, and action plans;
• Assistance to the MCTD in preparing policy papers, drafting new legislation and/or amending existing legislation (including notably secondary legislation) to ensure compliance with the provisions of the EU legislation related to energy efficiency of buildings;
• Support for the MCTD in gap analysis of existing legislation, analysis of the functioning of the existing legal framework in areas to be reformed and possible needs for adjustments, recommendations on amendments of the legal acts, including specific codes (e.g., building codes);
• Analysis of practical legal/administrative barriers for buildings owners (including home-owners associations) and housing managers to implement thermal modernisation of residential buildings, analysis of legal/administrative barriers to ensure transparent and cost-efficient thermal modernisation of public buildings, application of the EU standards for energy audits, energy performance contracting and EU construction standards, etc.;
• Assistance to the MCTD to negotiate provisions of draft legal acts with ministries, and Ukraine parliament committees, international organisations, financial institutions regarding their implementation;
• Legal support of draft legal acts during their approval in the Central Executive Authorities and the Cabinet of Ministers of Ukraine (CMU);
• Collaboration with internal legal departments of the ministries, state authorities, and the Parliament to professional development and capacity building in implementation of legal acts related to the Energy Efficiency Reform;
• Provide all necessary support required to ensure implementation of the new regulation developed under Energy Efficiency Reform area, including but not limited to the laws, concepts, programs, and secondary legislation;
• Monitoring proposed changes to laws and secondary legislation to be approved by the CMU or the Parliament and evaluation of their influence on Energy Efficiency Reform process, preparation comments and amendments to such draft laws and secondary legislation;
• Resolution of problems and obstacles encountered during the implementation process, identifying and communicating important issues requiring a decision of the RST Director and the Deputy Minister;
• Preparation of analytical papers, reports, slides for presentations, infographics, and other materials on legal issues of the Energy Efficiency Reform;
• Preparation of timely and quality reports and status updates on reform implementation progress to the Minister, Deputy Ministers, and RST Director, as well as for publication;
• Other responsibilities as assigned by the RST Director.

Main anticipated deliverables:

• Drafted legal acts required within the Energy Efficiency Reform;
• Developed policy and analytical papers, recommendations and guidance to implement the Energy Efficiency Reform;
• Prepared regular progress reports on reform development and implementation.

5. Qualifications, Skills and Experience
5.1 Qualifications and skills:

• Master’s degree in Law;
• Strong analytical skills with the ability to interpret complex legal, commercial and financial information;
• Strong analytical, verbal, and written communication skills;
• Impeccable ethical standards;
• PC literacy (MS Office, Google docs);
• Fluency in Ukrainian and English.

5.2 General professional experience:

• Preferably More than 5 years of general professional experience.

5.3 Specific professional experience:

• Preferably minimum 3 years of working experience in legal department in private or public sectors in development, analysis and implementation of policies and strategies, monitoring and evaluation and/or other related areas;
• Experience in construction or energy efficiency sector is a plus;
• Experience in cooperation with the government and municipal authorities is an asset;
• Experience in working with multidisciplinary teams is an asset;
• Experience with government entities and their mandate and processes is an asset.

6. Funding Source
The funding source of this assignment is the EBRD Ukraine Stabilisation and Sustainable Growth Multi-Donor Account (MDA). Contributors to the MDA are Denmark, Finland, France, Germany, Italy, Japan, the Netherlands, Norway, Poland, Sweden, Switzerland, the United Kingdom, the United States and the European Union, the largest donor.

Please note, selection and contracting will be subject to the availability of funding.

7. Submissions
Submissions must be prepared in English only and be delivered electronically by 15 February 23:59 (Kyiv time), 2022 to [email protected]
All submissions must include:

• a completed Application Form;
• a completed NDA Form;
• the candidate’s Curriculum Vitae;
• Reference Letter from a recent supervisor (original in English, or Ukrainian with English translation) together with the contact details for two further referees who, if contacted, can attest to the professional and/or educational background of the candidate.

Only applications which have been submitted using the correct template and are fully completed will be considered.

8. Selection Procedure
Following the evaluation of all applications received, selected candidates may be invited to the tests. Only shortlisted candidates will be invited to the interview.