The NGU «Foundation for Support of Reforms in Ukraine» announces a competition for the position of a legal expert in technical regulation for the «TIPSTER: Trade, Intellectual Property Support, and Technical Regulation» program (hereinafter – Project).
The project is being implemented by the NGU «Foundation for Support of Reforms in Ukraine» within the international cooperation project ReACT4UA (“Utilization and Implementation of the Association Agreement between the EU and Ukraine in the field of trade”), which is financed by the German Government and implemented by the German federal company Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH.
The objective of the project TIPSTER: “Trade, Intellectual Properties Support, and Technical Regulation” (hereinafter referred to as ‘Project’) is to strengthen institutional and regulatory framework conditions that will improve the competitive environment for business and service providers and develop their export potential by developing elaborated export policies and favorable policies for trade environment for business and service providers and develop their export potential. The Project aims to help Ukrainian manufacturers and businesses improve their capacities to export goods and services by developing elaborated export policies and favorable policies for trade promotion and strengthening the competitiveness of SMEs.
In June 2023, the leaders of 27 EU member states decided to grant Ukraine the status of a candidate for EU membership. In November 2023, the European Commission recommended the European Council open negotiations on joining Ukraine and the EU. At this stage, Ukraine must prove to the European Party its readiness for full trade and economic integration and its ability to withstand competition from the EU. The compliance of products with established requirements and an efficient consumer protection system harmonized with the EU are integral elements of the functioning market economy.
Ukraine is gradually reforming the technical regulation and consumer protection systems. One of the strategic goals of AA/DCFTA is the conclusion between the EU and Ukraine of the Agreement on conformity assessment and acceptance of industrial products (ACAA) in three priority sectors: low-voltage electrical equipment, electromagnetic compatibility of equipment, and machinery. For this purpose, the EU Side provided an assessment of sectors related to technical barriers to trade with EU requirements. As a result, recommendations were provided for further Ukraine’s development of technical regulation and market surveillance systems. Along with this, the preparation for EU membership requires alignment of all technical requirements for products with EU law.
Ensuring the proper circulation of products on the market, safety, and access to the EU market requires also considering the principles of consumer protection in conjunction with market surveillance and technical regulation. On June 10, 2023, the new Law of Ukraine, "On the Protection of Consumer Rights," was adopted and currently needs to be implemented at the level of secondary legislation. The new Regulation (EU) 2019/1020 on Market Surveillance and Compliance of Products is being implemented in Ukraine at the level of primary legislation. It will require implementation at the level of secondary legislation.
Compliance with technical regulations, along with new consumer protection and market surveillance rules based on EU requirements, will increase confidence in national manufacturers and products on the EU market and will guarantee smooth EU integration.
The main objective of this assignment is to provide legal expert support to MoE and other state authorities in further dialogue with the EU on ACAA and EU accession in the field of consumer protection in conjunction with market surveillance and technical regulation and aligning Ukraine’s legislation with EU Law.
Scope of Works and Legal expert in technical regulation Assignment:
The Contractor, in coordination with the Ministry of Economy (the Technical Regulation Department, Regulatory Policy and Entrepreneurship Department), and, if needed, structural units of other state authorities, shall provide the following services in the field of consumer protection in conjunction with technical regulation and market surveillance:
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conducting a gap analysis of Ukrainian legislation with EU law, developing tables of concordance where relevant;
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providing comments and recommendations related to the alignment of Ukrainian legislation with EU law;
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providing support to drafting legislation based on EU law;
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conducting analysis of EU member states practices regarding the implementation of EU law;
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providing any other requested legal support related to legal approximation and EU integration.
Competencies:
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excellent written, verbal, and interpersonal communication skills with analytic capacity and ability to synthesize inputs and relevant findings;
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computer literacy;
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excellent knowledge of Ukrainian and a working level of English.
Education: Master’s or equivalent degree in Law or International Law, EU law specialization is an advantage.
Experience:
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over ten years of professional experience in European affairs, public service, and/or closely related fields;
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at least 5 years of experience working with/in the Parliament/Government/ministries;
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at least 5 years of specific professional experience in legal approximation and/or providing expertise of draft legal acts for compliance with the EU acquis;
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experience related to the implementation of the EU-UA AA/DCFTA;
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special experience in drafting Ukraine’s legislation in the field of consumer protection, sufficient knowledge of technical regulation, and market surveillance policy of Ukraine and the EU;
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experience in the preparation of analytical and strategic policy planning documents.
If you are interested in this opportunity to become a legal expert in technical regulation of the project «TIPSTER: Trade, Intellectual Property Support, and Technical Regulation» and have the required qualifications, please send your CV and cover letter outlining your relevant experience to: office@fsr.org.ua, with the topic: legal expert in technical regulation.
Deadline: November 30, 2023, 18:00