TWINNING LIGHT PROJECT FICHE

Transcription

1 TWINNING LIGHT PROJECT FICHE 1. Basic Information 1.1 Programme: Support to the Implementation of Jordan- EU Association Agreement and Action Plan of the Neighbourhood Policy Programme (SAAP) 1.2 Twinning Number: JO08/AA/EN Title: Development, strengthening and harmonization of environmental legislation and its enforcement 1.4 Sector: Environment 1.5 Beneficiary Country: The Hashemite Kingdom of Jordan 1

2 2. Objectives 2.1 Overall Objective Strengthening and harmonization of environmental legislation and its enforcement in the fields of waste management, environmental liability, and air quality protection; in order to enable the Government of Jordan to meet the international and EU standards as part of the overall national environmental reform process. 2.2 Project purpose To strengthen the Beneficiary s capacities and capabilities in the areas of environmental policy and legislation related to the waste management, environmental liability, air quality protection through adaptation of relevant EU legislation framework Drafting the Jordanian environmental laws and/or by-laws on waste management, environmental liability, and air quality protection Improving the enforcement of environmental legislations through adaptation of relevant EU best practices to Jordanian context 2.3 Contribution to Association Agreement and National Development Plans This Twinning project is in line with the key documents and agreements issued and signed by the Government of Jordan, among which are: EU-Jordan Association Agreement, ENP, CSP and NIP National Agenda State reforms Environmental Strategy Implementation Plan Environmental policy, strategy and existing legislation International agreements signed by the Hashemite Kingdom of Jordan The EU - Jordan relations are built on the Association Agreement (AA) that forms the legal basis for governing relations between Jordan and the EU, and are also modelled on the network of Euro-Mediterranean Partnership Agreements between the Union and its partners in the southern flank of the Mediterranean Sea. The AA between Jordan and the European Union, signed in May 2002, aims at enhancing Jordan s partnership with the EU as well as the integration of Jordan into the world economy. The European Neighbourhood Policy of the European Union sets certain objectives based on commitments to shared values and effective implementation of political, economic, social and institutional reforms. It is part of the European Union s response to the Government of Jordan s political reform agenda as set out in the National Plan for Political Development. Further to that plan, Jordan has 2

3 developed its National Agenda in 2005 which reflects a multifaceted agenda of social, economic and political reforms aimed at building a modern state with economic vitality and substantial potential for growth and prosperity, political and social stability. Furthermore, the agenda of state reforms in Jordan encompasses the legislative, administrative, and judicial reforms to enhance the efficiency of the public sector, improve the investment environment, and ensure the strict and transparent implementation of the rule of law. The key purpose of the National Agenda is to achieve sustainable development through a transformation program that places Jordan on a trajectory path toward a fast economic growth and greater social inclusion that results in comprehensive strategies and initiatives developed for achieving the social, economic and political development, evaluating and monitoring the progress in implementation based on detailed performance indicators. In 2002 the EC commenced the Support to the Implementation of Jordan- EU Association Agreement and Action Plan of the Neighbourhood Policy Programme (SAAP) in order to support the Government of Jordan (GoJ) in implementation of the Association Agreement. The purpose of this program is to upgrade the overall capacity of the Jordanian authorities in three key areas, i.e. (i) free trade, (ii) development of the legislative/regulatory framework, and (iii) institutional strengthening. The SAAP objectives are mainly to assist the GoJ in meeting its commitments in trade and trade agreements as well as fostering harmonization of existing legislation. The SAAP also addresses the environmental issues in terms of development of the legislative/regulatory framework. As for specific environmental aspects in Jordan the following documents should be taken into consideration: - The Environmental Strategy Implementation Plan (ESIP) has been structured based on strategic and thematic planning inputs derived from three main spheres of environmental planning. The suggested operational objectives, actions and tasks were combined from the following sources: 1- Legal: By deriving suggested actions from the responsibilities stipulated by the Environmental Protection Law (no. 52 of 2006) and the associated package of environmental regulations issued and being implemented by the Ministry of Environment. 2- Organizational: The suggested programmes were based on the Ministry of Environment s mission, vision, values, strategic objectives and associated operational Action Plan. 3- Policies: Operational programmes of the ESIP were derived from the National Agenda, National biodiversity strategy and Action Plan, national action programme to combat desertification, POPs national implementation plan, and the NCSA Action Plan which were all published by the MoEnv. This ESIP sets out objectives and strategies for the main functional areas for which the Ministry has responsibility. In this Part critical success factors, measured 3

4 through key performance indicators, are used to identify the achievement of objectives and should be periodically evaluated and monitored - As for the Legal Master Plan the drafting of new and the improvement of existing environmental legislation in Jordan shall be done on the basis of a National Approximation Plan, called Legal Master Plan. This Plan shall serve as a key policy instrument for all legal drafting activities in the environmental field in the next years. It will set out the short term (approx. 1-2 years), medium term (3-5 years) and long term (5-8+ years) goals for the quality and quantity improvement of Jordanian legislation, its harmonisation and general approximation to EU and international legislation standards and related measures to be taken. Legal drafting goals, prioritisation and schedule will depend on a number of potential prioritisation criteria that include: Legal drafting competences of the Ministry of Environment Policy priorities as established in policy plans but also political willingness to prepare and adopt new legislation or to amend existing legal acts Existing legal gaps as identified in the gap analysis done prior by the key legal expert of the EU project including quality assessment of existing legislation Human resources available for legal drafting the legislation concerns both the establishment of new and the extension, improvement of regulations in a specific fields Urgency of legal measures in a field to be taken in order to avoid environmental hazards Complexity of a legal issue to be addressed - Furthermore, Jordan has signed 18 international environmental conventions. The environmental issues are clearly defined in a number of documents, i.e. National Agenda (pp ), MDGs, Action Plan (section 2.5), Country Strategy Paper and NIP The country is also a part of Horizon 2020 initiative aimed at cleaning up the Mediterranean Sea through the identification of priority projects ( hot spots ) for pollution reduction, and start up of the capacity building in the partner countries. It is envisaged that a strong cooperation and coordination will be established between the partner countries, donors, i.e. the EIB and World Bank, and the environmental stakeholders and networks, such as UNEP/MAP and the Mediterranean Committee for Sustainable Development. It is also clear that the three sectors selected and the scope must be focused on the approximation of the national legislation with appropriate parts of the relevant EU environmental aquis. 4

5 3. Description 3.1 Background and justification: There are a number of environmental concerns to be addressed in short and medium terms. Among the priorities identified by the MoEnv in its ESIP plan are: water pollution and wastewater treatment waste management air protection environmental liability desertification and others Successful implementation of the Association Agreement requires also the introduction of certain measures in the environmental sector (refer to Article 65 of Association Agreement). In other words, the aim of this cooperation is to prevent the deterioration of the environment, control pollution and ensure the sustainable use of natural resources. Among the key areas of cooperation in the environmental sector are: sea water quality and control and prevention of marine pollution water resource management energy use waste management impact of industrial development on the environment industrial safety agriculture and its impact on soil and water quality environmental education and awareness environment management and others The Ministry of Environment (MoEnv) is a relatively new institution established in Recently it has undergone some comprehensive reforms supported by the European Commission (EC) and focused on capacity building and enforcement of environmental legislation. However, a main challenge is to strengthen administrative capacity for implementation at national, regional and local levels including coordination and cooperation among the authorities. Moreover, the MoEnv has recently completed the EU funded project "Institutional Support to the Ministry of Environment of the Hashemite Kingdom of Jordan on Environmental Management and Legislation" Under the SAAP, the MoEnv of Jordan has become a model in environmental reforms across the Euro- Mediterranean region. The above project enabled to conduct the functional review that resulted in a new organizational structure of the MoEnv, approved and implemented in May The new structure enhances the MoEnv capacities in better fulfilment of its mandate and responsibilities, as well as it facilitates the implementation and application of modern technologies and best international 5

6 practices, in the field of environmental protection. Emphasis has also been set in this project on the need to perform continuous benchmarking with other countries of the Maghreb and Mashrek, in order to maintain this leadership position. That project also provided assistance the Ministry of Environment in developing the Legal Master Plan for approximation to the EU and international legislation. Assisted by the EC project, the MoEnv has developed the Environmental Strategy Implementation Plan for (ESIP ), that contains a set of strategic objectives, set through internal deliberation and consensus within the MoEnv. The ESIP encompasses seven strategic objectives, set by the MoEnv, which are: contribute to the achievement of sustainable development develop and implement policies and legislation enhance monitoring and inspection and enforcement of legislation develop and implement information management programmes raise public awareness and education promote regional, national and international cooperation develop and strengthen the capacity of the Ministry of Environment. These strategic objectives have resulted in the GoJ shared commitment to the European and wider international objectives, and have also taken into account the obligations and other commitments resulting from the international agreements and conventions. On the other hand, the National Agenda highlights some other problems in the environmental legislative & institutional framework: lack of coordination among concerned policy-makers duplication of responsibilities among concerned entities weak mainstreaming of socio-economic plans into new environmental legislations poor enforcement of legislations insufficient monitoring/inspection & lack of proper clear penalty system slow formulation of bylaws/regulations Environmental protection is a serious concern of the Jordanian legislation. This concern is reflected in a number of laws and regulations on environmental issues. The key legal documents related to this project are: Environment Protection Law of 2006 (52/2006) Air Protection Regulation (28/2005) Regulation on Management of Solid Waste (27/2005) Regulation on Hazardous and Harmful Substances (24/2005) The legal basis for all drafting activities of the MoEnv is the newly adopted Environment Protection Law of 2006 (52/2006). The Environmental Protection Law provides a legal basis for the adoption of a wide range of subsidiary environmental legislation in the form of regulations and instructions. Pursuant to Article 25, the regulations shall be adopted by the Council of Ministers. Though 6

7 this Article does not state explicitly that the MoEnv shall prepare those regulations, the MoEnv, being the competent party to protect the environment in Jordan (Article 3), can be considered the key governmental body to prepare all environmental regulations to be adopted by the council of Ministers. For example, Article 25 lists 12 regulations to be issued. However, the law states that regulations necessary for the execution of the provisions of this law, including the following [listed] shall be issued. This implies that other regulations which are not explicitly mentioned may also be proposed by the MoEnv meaning that its legal drafting mandate goes beyond the regulations listed. Only where other public bodies have colliding legal competences, this may limit the mandate of the MoEnv to initiate environmental regulations. Furthermore the Environmental Protection Law gives the MoEnv a broad legal mandate to issue instructions necessary to protect the environment and its components (Article 4 D EPL). The EC funded project of conducted the legal gap analysis of the Jordanian environmental legislation and prepared the National Approximation Plan also called as the Legal Master Plan. Some key findings observed during the legal analysis included the inadequate quality of national environmental legislation and an urgent need to improve it significantly in order to harmonise with the EU and international standards. In addition, the environmental legal framework has to be thoroughly reviewed by the EU and Jordanian legal experts in order to ensure that there are no contradictions or conflicts between the laws and regulations, and that national legislation prevails over the more specific ones, or the rules and regulations taken at regional or local level. None of the issued legislations are considered comprehensive enough to be called "framework". They mostly spell out the MoEnv role but not in relation to the other concerned entities. They also came in a phase when no sectoral environmental policies existed and thus, they do not associate to the national policy in waste management for instance. The holistic view of a multi-stakeholder multi-sectoral inter-relation of environmental issues is lacking in most of the existing legislations. There is a definite need to reflect such view and its impact on compliance and eventually on competitiveness of Jordanian industries. The role of local authorities and private sector needs to be regulated in relation to those issues and in accordance with national orientation towards decentralization and public-private partnership. The waste management in Jordan remains an important issue, both from the environmental and legal point of view. In order to manage waste properly, and in compliance with the international standards, the waste management policy and legislation must incorporate basic principles and rules that encourage and promote their implementation. The drawbacks in the existing Jordanian legislation are evident, and must be addressed through development of waste management legal framework based on the best available practices. Recently the municipal waste policy has been drafted. The respective roles defined for the MoEnv, the municipalities and for the private sector have reflected the need for a national framework legislation covering and coordinating the several appropriate regulations. 7

8 The current situation in the Jordan, in terms of waste management, can be characterised by a relatively large amount of waste generation. The main contributions correspond to the waste generated by industry and households. The fractions of the waste fluxes reused as a secondary resource or as energy source are, presently, low. The waste disposal facilities currently do not have sufficient capacities. The landfill is still the dominant waste disposal method, with up to 90 per cent. Three is also a key problem in terms of sanitation and land reclamation of the old landfills, their operation and their closure, due to non-compliance with the new legislation. The percentage of incinerated waste at the thermal utilities is still very low. The sorting of domestic waste has not yet been sufficiently put into practise, so far. The management of solid waste is governed by the bylaw No. 27 of 2005, and the corresponding legislation adopted on February 22, This legislation creates an essential frame for the EU legislation approximation. It defines clearly the distribution of responsibilities for different bodies of the state administration, i.e. the Ministry of the Environment, Ministry of Health, Customs Offices, Environmental Directorates in the Governorates and Municipalities as well as the waste producers. With regard to the air quality protection, both the Environmental Protection Law (52/2006) and the Air Protection Regulations (28/2005) contain certain relevant provisions. However, the details on the obligations are not accurate and show a lack of procedures, as well as of limit values for emissions, air quality standards and substances they refer to. Moreover, the obligations are partly so strict that they would not comply with the principles of proportionality and predictability. Jordan s impact on climate change, greenhouse gas emission reduction (including GHG emissions inventory), emissions trading and VOCs (volatile organic compounds), cleaner and green production, are the key issues that require further studies and assessment. Nevertheless, the problem of air pollution can be tackled in different ways namely by: - Imposing emission limits for pollutants from industry and vehicles - overall national ceiling to limit emission of specific pollutants - setting of air quality standards - and/or air quality management measures. Though the existing regulation on air quality protection includes useful basic provisions like the setting on maximum permissible emissions, the existing legislation in this field is neither coherent nor precise enough to be adequately implemented. Additional rules are thus required to achieve the air quality protection by legal means, in a transparent manner and in full respect of the underlying principles (equity, proportionality.). The air protection regulation is complex and concerns mainly the setting of proper technical standards and thresholds and does indicate the role of the Moenv only without reference to other concerned entities. As for the procedures, the proper 8

9 licensing and control instruments must be in place, in order to ensure the applicability and enforcement of licensing and control rules. That is why a technical working group has to be established for preparing the parameters and standards for emission limits, air quality standards and the policy regime for enforcement, before starting to draft the legal framework. Regarding environmental liability, there is no reference of environmental liability in the Environmental Protection Law, except in Article 8, where it is stated that it is forbidden, at the risk of legal liability, to discharge any material polluting or harmful to the marine environment in the territorial water of Jordan or on the beach. There are no other legal references, so far, that address the environmental liability issues. The environmental liability concept aims at implementing the polluter pays principle. Damage to persons or goods and contamination of sites, but also damage to nature, especially to those natural resources that are important from the point of view of the conservation of the biological diversity, shall be compensated by the polluter. Environmental liability ensures that whoever causes environmental damage pays to remedy the damage. So far there is no legal framework on environmental liability in Jordan. However, drafting the rules on liability issues requires the involvement of experts with strong economic and legal background, i.e. specialists who are familiar with the different types of liability and their socioeconomic implications. According to the legal gap analysis, the environmental liability can be considered as an issue of medium term priority, taking into account hat there exists already the general civil liability rules in Jordan that regulates the payment for damages through the person who caused such damage. Such rules might be applied also for severe environmental damages, as long as there is no specific environmental liability system in place. The issue of environmental liability is less complex but rather legally complicated. It addresses virtually all areas which can be affected by environmental damage but especially those with higher risks, i.e. industrial and waste management related activities, transport, and mining. It shall be addressed only when skilled legal and inspection staff is available. Environmental liability can be addressed only in close cooperation with representatives from the industrial (private) sector. It is one of the priorities identified recently by the MoEnv. Based on the analysis of the situation in the environmental sector of Jordan, the twinning light project will provide practical assistance to the Beneficiary (MoEnv) in development and update of the environmental legislation in waste management, air protection and environmental liability. The relevant EU directives to be used in the harmonization process need to be identified in light of national priorities and urgency and would include the waste framework Directive, landfill Directive, air framework Directive and environmental liability Directive. 9

10 3.2 Linked activities The activities planned under this project will be linked to the results and recommendations of the following projects: EC: EuropeAid/120532/D/SV/JO: Institutional Support to the Ministry of Environment of the Hashemite Kingdom of Jordan on Environmental Management and Legislation, The overall objective of the project was to assist the Ministry of Environment (MoEnv) in fulfilling its regulatory obligations under the EU-Jordan Association Agreement and the EU Wider Europe Neighbour Action Plan by providing assistance in building its institutional capacity in terms of managerial aptitude and legislative competence as well as developing and enforcing the environmental legislation based on the EU and international legislative standards. Main project s outcomes included the establishment of an effective institutional management system for environmental protection, programming, monitoring and enforcement at the MoEnv; optimized organizational structure of the MoEnv; Legal Master Plan for approximation of national environmental legislation to the EU and international standards; improved capacities of the MoEnv. EU: FWC: Institutional Strengthening of the Environmental Directorates in the Governorates of the Hashemite Kingdom of Jordan, Overall objective is the institutional strengthening of Environmental Directorates in the Governorates. The key outcomes are functional review, improvement of strategic planning, capacity building and training on environmental inspection and law enforcement, preparation of twinning light project fiche on environmental legislation EC: Regional Solid Waste Management project in the METAP Mashreq and Maghreb countries (SMAP), The overall objective is to promote the adoption of sustainable integrated waste management in Mediterranean countries by providing assistance to the target/beneficiary countries in designing, developing and implementing the main elements of integrated waste management and by promoting exchange of information, and experiences within the region in the field of solid waste. EC/UNDP: Integrated Management of Olive Oil Production Wastes in Lebanon, Syria and Jordan (SMAP), The project aim is to introduce an integrated waste management system to the olive oil industry of 3 countries by building relevant expertise, setting standards and introducing cleaner production options, prevention measures and control & treatment options along with a defined monitoring strategy for olive oil production. EC: Environmental Law enforcement in Jordan (LIFE TCY), The project s goal was to contribute to the improvement of management and sustained use of Jordan s environment. The main objectives were to establish by-laws and regulations for the new Jordanian environmental law; improve the management and planning capabilities of the GCEP; set up a task force to check the implementation of the environmental law in selected fields; and strengthen the GCEP s capacity in order to consolidate and coordinate environmental awareness raising efforts. EC: Integration of economic instruments and voluntary agreements in the environmental policies of Jordan & Syria (LIFE TCY), The project aims to integrate the environment into a sustainable framework for economic and social 10

11 development by developing a broader range of environmental policy tools including economic instruments and voluntary agreements. GEF: National Capacity Self Assessment for Global Environmental Management (NCSA), completed in USAID: Sustainable Achievement of Business Expansion and Quality (SABEQ), This program will adopt new approaches to stimulate continued economic growth and reform in Jordan. The project works with both the public and private sectors to achieve two principle goals: (i) increasing the number of jobs available to Jordanians and (ii) enhancing the competitiveness of Jordanian firms ranging from micro through small, medium and large. It has four components: (i) strengthening capital markets; (ii) improving business enabling environment; (iii) expanding trade and investment; and (iv) improving private sector competitiveness. SABEQ is assisting the MoEnv in enhancing its inspection and licensing systems as well as establishing the environmental fund. A cross check analysis of the objectives, scope and deliverables of above projects proves that there are no overlaps and duplications with the proposed twinning project. On the contrary, some important gaps are filled and some synergy is observed with completed and ongoing projects. 3.3 Expected Results: The following results will be achievable, through the implementation of the twinning light project: Action Plan for development and updating of the Jordanian environmental legislation, in the field of waste management, air quality protection and environmental liability, based on the Legal Master Plan, to be prepared and approved before the project onset Waste management legal framework, developed in compliance with the EU standards and ready to be adopted by the end of the project Air quality protection bylaw/ regulations and technical standards are prepared and ready for adoption by the end of the project Environmental liability regulation is incorporated in the Jordanian environmental legislation before the project end MoEnv technical and legal staff gain further experience in drafting the environmental legislation by the project s end Improved capacity of the Legislative Section of the MoEnv in drafting corresponding environmental legislations, by the project completion MoEnv staff well trained on the key environmental issues, i.e. integrated waste management, air quality protection, environmental liability and enforcement Strengthened cooperation and working relations between the MoEnv and other key stakeholders, built up progressively during the project implementation 11

12 3.4 Activities Component 1: Development of waste management legal framework in line with selected parts of the relevant EU Directives/Requirements In order to ensure the development and further implementation of the waste management legal framework, the following activities are to be undertaken: Assessment of the current situation of waste management in Jordan and prioritizing legal drafting needs within sector (municipal, hazardous, special, plastic,) Benchmarking with international best practices, procedures and technologies for measurement, monitoring and remediation /mitigation Detailed analysis of the existing legislation on waste management Development of an Action Plan for elaboration and implementation of the waste management legal framework, taking into consideration the Legal Master Plan, National Environmental Strategy, ESIP as baseline documents Drafting the legal framework for waste management, in cooperation with MoEnv and other key stakeholders Establishment of the Waste Management Information System Capacity building of the MoEnv staff through on-job training and consultations Study tour for MoEnv related staff to EU member state to gain experience on best practices Conducting a workshop on integrated waste management, with demonstration of best available practices Assistance in elaboration of training curricula for MoEnv staff dealing with waste management, public educational programmes and awareness campaigns for target groups Component 2: Elaboration of air quality protection legislation in line with selected parts of the relevant EU Directives/Requirements The main objective of this component is to consolidate and enhance the MoEnv capacities in drafting, adapting and enforcing the legislation on air quality protection and ensure its conformity with both the EU and international standards while applying all relevant and feasible incentive mechanisms, e.g. market based incentives like Environmental Fund, etc. The activities under this component are aimed at preparing the legal basis for updating, rationalizing and modernizing the legislation on air quality protection in Jordan as well as improving stakeholders involvement and participation in its development and implementation process. Since the air protection legislation is a complex issue the following activities will be carried out: Assessment of Jordan s regulatory framework on air quality including international conventions of relevance Technical advice on standards and norms Benchmarking with international best practise, procedures and technologies for measurement, monitoring and remediation /mitigation 12

13 Drafting the legal framework for air quality protection in cooperation with concerned stakeholders Assistance in establishment and implementation of Air Quality Monitoring and Reporting System Strengthening the technical capacities of the MoEnv staff dealing with air quality protection issues Study tour for MoEnv related staff to EU member state to gain experience on best practices. Preparing and conducting a workshop on air quality protection with demonstration of best available practices Component 3: Environmental liability in line with selected parts of the relevant EU Directives/Requirements The activities of this component encompass: Review of existing legislations and initiatives on the national level Benchmarking with international best practise and procedures Consultations with other key stakeholders including the industries Building consensus on environmental liability issues with the key stakeholders Development of procedures and action plan for introduction of the environmental liability and polluter pays principle' in the Jordanian legislation Capacity building of the MoEnv staff through on-job training and consultations Study tour for MoEnv related staff to EU member state to gain experience on best practices Organizing a workshop on environmental liability with demonstration of best available practices Assistance in elaboration of training curricula for MoEnv staff dealing with liability, public educational programmes and awareness campaigns for target groups Draft legislation on environmental liability 3.5 Means/Input from the Member State counterpart The twinning project team will consist of a Project Leader and three Medium Term experts Profile and tasks of the Project Leader The Project Leader (PL) will be in charge for overall coordination and successful implementation of the project. He/she officially represents the project and makes contacts with the stakeholders. The PL is a long-term position. The PL will be located in Jordan and spend most time there. The PL is expected to contribute also as expert providing input for all project s components. 13

14 Qualification and skills University degree in Law,.i.e. a PhD or MSc in Environmental Law preferably with focus on waste management, environmental liability, air quality protection At least 10 years of relevant working experience in EU environmental legislation dealing with waste management, air quality protection, and environmental liability Experience in design, delivery and evaluation of legal aspects in the environment sector Good negotiation and consensus building skills Solution minded and troubleshooting skills Management, facilitation and leadership skills Experience in working as a part of a multi-disciplinary and multi-cultural project team Proven experience in implementing environmental legislation projects funded by EC Proven expertise and experience in drafting environmental law and regulations on waste management, environmental liability, and air quality protection Working experience in development and assistance projects in a similar environment is an asset Good knowledge of the environmental acquis communautaire and international legislation Previous experience in the MEDA region is an asset Proficiency in English, knowledge of Arabic is an asset Computer literacy General professional experience Sound experience in law approximation in the environmental sector Specific professional experience Participation in preferably 5 but minimum 2 projects where he/she has gained experience in implementation of the requirements of the EU environmental legislation into the respective national legislation and practice related to waste management, environmental liability. Proven experience and knowledge in developing and implementing the law Experience in drafting approximation plans Good analytical, appraisal and planning skills. Very good organisational, coordination, reporting and communication skills. Previous work experience with Twinning Light Projects and knowledge of EU Project Cycle Management tools will be an asset. 14

15 3.5.2 Environmental Legal Medium-Term Expert He/she will be responsible for the implementation of Components 1 & 2 (Legal Drafting) of the project. Qualification and skills University degree in Law, i.e. a PhD or MSc in Environmental Law preferably with focus on air quality and waste management. At least 10 years of relevant working experience in EU environmental legislation dealing with air pollution and waste management. Experience in design, delivery and evaluation of legal aspects in the environment sector Experience in working as a part of a multi-disciplinary and multi-cultural project team Proven experience in implementing environmental legislation projects funded by EC Profound expertise and experience in drafting environmental law and regulations on air quality protection and waste management. Working experience in development and assistance projects in a similar environment is an asset Good knowledge of the environmental acquis communautaire and international legislation Previous experience in the MEDA region is an asset Proficiency in English, knowledge of Arabic is an asset General professional experience Sound experience in law approximation in the environmental sector Specific professional experience Participation in preferably 5 but minimum 2 projects where he/she has gained experience with implementation of the requirements of the EU environmental legislation into the respective national legislation and practice related to air pollution and waste management. Proved experience and knowledge in developing and implementing the law approximation plans Medium-Term Expert on application of CP, IPPC and BAT in connection with HW and SW, air pollution He/she will assist in the implementation of Component 1 and 2 (Implementation of Legislation) of the project Qualification and skills University degree in Environmental Science, Chemical Engineering, Chemistry Science preferably a university degree in Environmental Law. 15

16 At least 5 years working experience in hazardous substances and waste management, air pollution preferably with focus on cleaner production, provisions of the IPPC Directives and Best Available Techniques. Experience in environmental legislation, training and capacity building Proficiency in English, knowledge of Arabic is an asset Computer literacy General professional experience Sound experience in law approximation in the environmental sector Specific professional experience Participation in preferably 5 but minimum 2 projects where he/she has gained experience in implementation of the requirements of the EU environmental legislation into the respective national legislation and practice related to waste management, environmental liability. Proven experience and knowledge in developing and implementing the law Experience in drafting approximation plans Environmental Liability Medium-Term Expert He/she will be responsible for the implementation of Components 3 of the project. Qualification and skills University degree in Law, i.e. a PhD or MSc in Environmental Law preferably with focus on Environmental Liability and Polluters Pay principles. At least 10 years of relevant working experience in EU environmental legislation dealing with environmental liability, industrial pollution and site remediation. Experience in design, delivery and evaluation of legal aspects in the environment sector Experience in working as a part of a multi-disciplinary and multi-cultural project team Proven experience in implementing environmental legislation projects funded by EC Profound expertise and experience in drafting environmental law and regulations on environmental liability. Working experience in development and assistance projects in a similar environment is an asset Good knowledge of the environmental acquis communautaire and international legislation Previous experience in the MEDA region is an asset Proficiency in English, knowledge of Arabic is an asset General professional experience Sound experience in law approximation in the environmental sector Specific professional experience 16

17 Participation in preferably 5 but minimum 2 projects where he/she has gained experience with implementation of the requirements of the EU environmental legislation into the respective national legislation and practice related to environmental liability. Proved experience and knowledge in developing and implementing the law approximation plans 4. Institutional Framework The beneficiary is the Ministry of Environment of the Hashemite Kingdom of Jordan. The Ministry of Environment is responsible for all environmental issues including hazardous substances and waste management, air quality protection and environmental liability, etc. More specifically the beneficiaries within the MoEnv are: Hazardous Substances and Waste Management Directorate: o Policy Planning and Supervision Section o Registration, Permitting and Licensing Section o Classification and Guidance Section o Emergency Management Section Monitoring and Assessment Directorate: o Sampling and Analysis Section o SoE and Indicators Section o Environmental research and Information Section Inspection and Enforcement Directorate: o Auditing, Inspection and Enforcement Section o Remediation of Sites Section o Coordination with Environmental Police Section Policy and Development Directorate Licensing and Guidance Directorate Outreach Directorate Administrative Services Directorate: o Legislative Affairs Section Minister s Advisory Committee Other recipients include seven Environmental Directorates in the Governorates. Furthermore, other key stakeholders dealing with waste management, air quality and environmental liability will be also involved in the twinning light project. Among them GAM and Municipalities, Ministry of Municipal Affairs, Resreach Centres such as RSS, Universities, NGOs, private sector. 17

18 The implementation of the project will be coordinated on its administrtive part by the Ministry of Planning and International Cooperation, Programme Administration Office for the EU - Jordan Association Agreement in close cooperation with the Delegation of the European Commission in the Hashemite Kingdom of Jordan. The technical supervision and coordination will be provided by the main beneficiary - the Ministry of Environment. The twinning light project s activities will assist in development of regulations for waste management, air quality protection and adoption of environmental liability principles to the relevant legal acts. 5. Budget The estimated budget for the project is Implementation Arrangements 6.1 Implementing Agency responsible for tendering, contracting and accounting The Programme Administration Office (PAO), Ministry of Planning and International Cooperation, is the contracting authority in charge of administrative management of the programme managing several projects where this project is under the same umbrella. The PAO will be the responsible institution for the management of this twinning project. It will manage the tenders, contracts and payments and this, in accordance with the provisions of exante control under decentralized management defined in the Practical Guide to contract procedures financed from the General Budget of the EC in the context of external actions. Contact person at the PAO: Ministry of Planning and International Cooperation Mr.Marwan Al-Refai Programme Administration Office. Support to the implementation of the EU-Jordan Association Agreement. Location: 3 rd circle, Zahran St. 1 st turn on the right. P.O. Box 555, Amman 11118, Jordan Phone: Fax: Marwan.r@mop.gov.jo 6.2 Main counterpart in the BC: Ministry of Environment of the Hashemite Kingdom of Jordan is the min beneficiary that will be in charge of technical supervision and management Main Counterpart/Project Manager: Name: Eng.Faris Aljunaidi Title: Secretary General Address: King Faisal Bin Abdelaziz St. Omm Othainah, Amman Jordan Phone: Fax: ministeroffice@moenv.gov.jo faljinidi@yahoo.com 18

19 Specific Counterparts: 1. For Waste Management: Director of Management of Waste and Hazardous Substances; Name: Dr Mohammad Khashashneh Address: King Faisal Bin Abdelaziz St. Omm Othainah, Amman Jordan Phone: Fax: For Air Quality: Director of Monitoring and Assessment, Name: Eng Hussein Badarin Address: King Faisal Bin Abdelaziz St. Omm Othainah, Amman Jordan Phone: Fax: For Liability: Director of Inspection and Enforcement, Name: Eng Adnan Zawahreh Address: King Faisal Bin Abdelaziz St. Omm Othainah, Amman Jordan Phone: Fax: Contracts There will be no outsourcing contracts. The costs related to translation and interpretation, stationary, telecommunications, workshop(s), travel inside and outside Amman will be paid from the project budget. 6.4 Logistic Arrangements The working language, for communications, meetings and reports, will be English. The Beneficiary will provide proper office space for the team of consultants. Proper budget/arrangement need to be agreed upon for translation/interpretation of all reports/documents/meetings/workshops, as well as for the team's IT and secretariat services. 7. Implementation Schedule (indicative) Launching of the call for proposals: II Quarter 2008 Start of project activities: IV Quarter 2008 Project completion: I Quarter 2009 Duration of the implementation period: 6 months 19

20 8. Sustainability The sustainability of this project is envisaged through the development and updating of the Jordanian environmental legislation on waste management, air quality protection, environmental liability and its approximation to the EU legal framework. An important step in maintaining the sustainability will be the introduction of consolidated environmental bylaws and/or regulations on the above issues that encompasses other existing laws and decrees used by other key stakeholders. The project will also include further consultations, capacity building and assistance in implementation of the national policies and plans, in related environmental areas rendered through the EU-Jordan cooperation. The project will have a positive long term impact on the environment, by providing the basis for the enforcement of the Jordanian environmental legislation and its harmonisation with EU principles. 9. Crosscutting issues Gender Equality: The Twinning Project will comply with the EC equal opportunity policy. Equal opportunity for men and women to participate in all the project components will be ensured. The Implementing Authority will use the existing parameters to monitor the ongoing respect of equal opportunity along the different phases and activities of the project. Where unequal opportunity for participation is observed, the implementing authority will take immediately all the necessary and appropriate actions. All involved institutions will have equal opportunity for participation in the project. Environmental Mainstreaming: The Twinning Project is focused on the achievement of longterm environmental improvements in Jordan. Hence, the project will actively and effectively contribute to preventing deterioration of the environment, with a view to ensure sustainable development. It will also provide the ground for the enforcement of the environmental acquis communautaire. Governance: The Twinning Project will ensure that the principles of good governance including transparency, participation and accountability are practiced and promoted throughout the various activities within the project. 10. Conditionality and sequencing All of the twinning light project components require full commitment and participation of the senior management of the Beneficiary. Apart from providing the Member State Team with adequate staff and other resources to operate effectively, the senior management of the Beneficiary must be fully involved in the development and implementation of the environmental legislation required for achieving the project s results. 20

21 The Beneficiary of the twinning light project will provide the appropriate working environment for the project team in terms of office space, telecommunication and access to relevant data, availability of the staff involved in the project activities, etc. The Beneficiary will also involve the key stakeholders in the process of environmental legislation development, and invite them in the training seminars organized on topics related to the content of the present project. Member State will provide the expertise and experience covering all aspects required for successful project implementation. Member State (consortium) will also provide the staff of the Beneficiary with appropriate training and consultations required by the project s activities. All required documents, i.e. laws, bylaws, regulations, instructions on issues related to this project will be made available, in English, by the time of the signature of the Contract. 21

22 ANNEXES TO PROJECT FICHE 1. Logical framework matrix 2. Glossary 22

23 Annex 1: Logical Framework Matrix Project: Development, Strengthening and Harmonization of Environmental Legislation and its Enforcement Indicators of Achievement Sources of Verification Assumptions and Risks Overall Objective Strengthening and harmonization of environmental legal framework in the field of waste management, environmental liability, air quality protection and its enforcement Project Purpose Improved environmental conditions in Jordan by 2010 More efficient waste management Environmental liability in place Better handling of air quality issues UN: Millennium Development Goals Report, 2010 National Agenda State of the Environment Report 2010 NEAP Jordanian national statistics Annual reports of in line Ministries and other donors Timely implementation and enforcement of environmental legislation Implementation of the overall strategy and the specific action plans 1. Strengthening of the Beneficiary s capacities and capabilities in the areas of environmental policy and legislation related to waste management, environmental liability, air quality protection through approximation with relevant EU legislations 2. Drafting the environmental (by)laws and regulations on waste management, environmental liability and air quality protection 3. Improving the environmental New legal framework on waste management, environmental liability, air quality protection developed and in place Strengthened MoEnv capacities and capabilities in the areas of environmental policy and legislation Improved and enforced the environmental (by)laws and regulations through adaptation of relevant EU best practices MoEnv staff trained on drafting the environmental legal documents Cooperation and communication between the MoEnv and other stakeholders improved and New legal framework on waste management Regulation on environmental liability Regulation on air quality protection Progress reports on implementation of the ESIP issued by MoEnv Strategy papers on waste management Action Plan on introduction of environmental liability Legal and technical documents on air quality protection, i.e. guidelines, procedures, etc. Approximation Jordanian Political willingness to introduce the required legal framework Good cooperation between the Beneficiary and the stakeholders Efficient decision making and respect of the proposed deadlines and milestones Appropriate allocation of needed resources by the beneficiary 23