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This Project is now closed

Harmonisation of Ukraine's subsoil legislation, drafting the ToR for a new TA project

Country Ukraine
Sectors Environment
Language English
Status Framework
CV Deadline 2017-11-21 (Closed Project)
Background

The EU-Ukraine Association Agreement (AA), which includes a Deep and Comprehensive Free Trade Area (DCFTA), was signed on 21 March 2014 in Brussels. On 16 September 2014, the AA was simultaneously ratified by the European Parliament and the Verkhovna Rada of Ukraine and entered into force on 1 September 2017.

The AA envisages the priority for Ukraine to increase the energy security, encouraging preconditions to radically reform the oil & gas sector to make it more efficient and attractive for investors, and to develop competitive, transparent and non-discriminatory energy markets.

The Ukrainian legislation governing access and extraction of gas and oil is outdated, its provisions are usually conflicting. The current Subsoil Code was adopted by Ukrainian Parliament on 27 July 1994. It was designed based on the legal framework available at the time, and therefore does not have provisions related to the transition to a market economy.

The reform of the extraction sector is carried out slowly and randomly by introducing numerous cosmetic amendments to the current legislation, for example the Procedure for granting special permits for subsoil usage adopted by CMU Resolution no. 615 as of 30.05.20 11.

The current legislation is not able to attract new investments and blocks the development of Ukraine's potential in exploration and production of hydrocarbons (as well as other natural resources).

It is therefore important to prepare the development of a completely new Code based on best European practice with a view to create the necessary conditions for the sustainable and environmentally friendly development of the mineral resource base in Ukraine. The new version of the Code shall include a legal and economic framework for rational subsoil uses, protection of natural resources, simplifying and improving the system of state regulation and management of subsoil and clarifying the role of central and local authorities. Moreover, it shall be based on the best examples and practices in the EU Member States and where relevant in line with EU acquis (e.g. environment, energy).

Objectives

The overall objective of the project is to support the implementation of reforms in Ukraine's extractive sector by harmonising Ukraine's subsoil legislation in line with the best practices in the EU Member States and where relevant in line with EU acquis .

The specific objective of this assignment is to prepare the Terms of Reference (ToR) for launching a technical assistance project "Development of Ukraine's new Subsoil Code", which will support the Minislly of Ecology and Natural Recourses of Ukraine in implementing the reforms in the extraction sector in line Directive 94/221EC and the EU-Ukraine Association Agreement.

Activities
  • Legal analysis;
  • Preparation of the Terms of Reference (ToR).

Project Position 1

Position Team Leader- Cat I
Qualification
  • Education at least Master Degree in the energy or environment or other linked to the nature of the assignment, or in its absence, at least 6 years of equivalent professional experience in the extraction sector, which must be in addition to the general professional experience duration fixed below;
  • Excellent command in English is required;
  • Command of Ukrainian or Russian would be an asset.
Required Experience

General professional experience: at least 12 years in the energy or environment sector preferably in the extraction sector.

Specific professional experience:

  • Experience in energy and/or environment regulation (preferably, in the area of gas and/or oil extraction);
  • Experience in implementation of EU acquis in the energy sector in EU and/or EEA countries;
  • Experience in preparation of analytical reports and writing the Terms of Reference for EU funded projects;
  • Good communication skills;
  • Experience in Ukrainian legislation and regulatory environment in the energy sector would be an asset.
Estimated Manpower 50 WD
Mission Begin 22/01/2018
Mission End 22/06/2018
Contact Gabrielle Le Ménahèze

Project Position 2

Position Expert 2- Cat II
Qualification
  • Education at least Master Degree in energy or environment or other linked to the nature of the assignment, or in its absence, at least 3 years of equivalent professional experience, which must be above the general professional experience duration fixed below;
  • Excellent command in English is required;
  • Command of Ukrainian or Russian would be an asset.
Required Experience

General professional experience: at least 6 years in the energy or environment sector (preferably in extractive industry).

Specific professional experience:

  • Experience in energy and/or environment regulation (preferably, in the area of subsoil usage);
  • Experience in implementation of EU acquis in energy and/or environment sector in EU and/or EEA countries;
  • Experience in preparation of analytical reports and writing the Terms of Reference for EU funded projects;
  • Good communication skills;
  • Experience in Ukrainian legislation and regulatory environment in the energy sector would be an asset.
Estimated Manpower 45 WD
Mission Begin 22/01/2018
Mission End 22/06/2018
Contact Gabrielle Le Ménahèze