Annex 1 Terms of reference Title: Project number and title: Type of contract: Duty station: Duration: Services to update National Plan of Implementation of Stockholm Convention on Persistent Organic Pollutants and POP Capacity Building NIP update, integration of POPs into national planning and promoting sound healthcare waste management in Kazakhstan Institutional contract Location based April-December 2014 Introduction: The project objective is to reduce the releases of unintentionally produced persistent organic pollutants (POPs) and other globally harmful environmental pollutants into the environment by promoting sound healthcare waste management in Kazakhstan; and to assist the country in implementing its relevant obligations under the Stockholm Convention. Reasoning: To protect human health and environment from toxic and hazardous chemical and dangerous wastes listed as persistent organic pollutants (POPs) the Stolckholm Convention on Persistent Organic Pollutants was adopted in May 2001. Kazakhstan ratified the Stolckholm Convention on November 9, 2007. In line with Article 7 of the Convention the countries-parties to the Convention had to develop the National Implementation Plan (NIP) to demonstrate the strategy of implementation of obligations under the Stolckholm Convention. The first NIP was officially forwarded to the Stolckholm Convention Secretariat on December 8, 2009. At this point of time in order to reflect the last amendments in the list of Stolckholm Convention chemical substances Kazakhstan has to revise and update its NIP. The process of NIP update will make it possible for Kazakhstan to perform inventory of products and goods containing new POPs and to identify sectorial production processes that use new POPs or unintentionally produced persistent organic pollutants (uPOPs). Legal control over management of chemical substances and wastes in Kazakhstan is based on Environmental Code, which is a regulatory-legal base necessary to set regulatory control over the implementation of the measures endorsed. The document sets general provisions and principles, on which the national environmental management system is to be based, including those aspects that are directly related to safe handling chemical substances and wastes. Further on, it implies harmonization of the national legislation with the current international norms and standards, specifically with the EU environmental directives. As of now eighteen (18) international conventions related to environment, as well as thirty (30) EU directives and their provisions have been taken into account in the Environmental Code. Though Environmental Code has been complemented by new articles dealing with the management of POP wastes there are still gaps that are to be filled in by more integrated legislation that takes into account all the POPs aspects having environmental and health impact. It has to give special attention: to BEP/BAT technologies on reduction of uPOP emission by industrial sources; to environment quality indicators; to plans and rules of soil cleanup; to rules concerning management of the industrial use of flame retardants with POP properties; to recycling or re-use of products; to the use and production of PFOs given the necessity to apply special exceptions for some of the substances in compliance with the Stockholm Convention. When preparing the update of NIP (given PFOs and new POP) special attention should be given to comprehensive review of the gaps within the system of the currently in force legislation in order to identify better ways to integrate Stockholm Convention requirements into the current legislation and to ensure their better implementation. The global community is well aware of the fact that currently uPOPs are a serious challenge in terms of chemical safety. In the first place this is determined by complexity of regulating unintentionally produced persistent organic pollutants. Under the Stockholm Convention countries are to control release of unintentionally produced persistent organic pollutants and undertake measures on their minimization. Apart from that the Convention parties have to promote the use of the best available technologies to control the sources of POPs. The key sources of uPOPs are industrial companies, uncontrolled incineration of industrial and healthcare wastes. In Kazakhstan industrial companies do not give due attention to uPops management issues. The reason of that is the lack of necessary information as to the regulatory measures concerning the gives releases, available monitoring technologies and minimization of uPOPs releases. Unauthorized waste incineration in the garbage dumps is the source of dioxin and furan releases; quite often specialized companies managing garbage dumps and facilities on waste recovery and waste treatment lack essential knowledge of uPOPs monitoring and control. Uncontrolled incineration of medical waste is a significant source of dioxin and furan that are in fact unintentionally produced persistent organic pollutants. Incineration still remains the principal way of healthcare waste decontamination while awareness as to uPOPs releases resulting from wastes incineration is also at a very low level. Given this, building capacity of industrial companies and other stakeholders regarding POPs management issues, including POPs and mercury unintentional releases, is becoming very pertinent and timely. Holding training workshops will contribute to capacity building of industrial companies, companies specialized in waste management, public bodies, nongovernmental organizations working in the area of uPOPs management, which will result in control improvement and uPOPs release minimization. Legislation of Kazakhstan does not set emission standards for waste incineration or any other technical requirements for the given process. However, waste incinerator, as any other object of waste disposal, is to be assessed in terms of its environmental impact and has to obtain a permit for waste utilization before it sets to work. The given permit includes requirements on release of some pollutants, with the exception of uPOPs, and heavy metals, with the follow up payment of relevant environmental duties. However in reality pollution test checks are not performed; the volume of incinerator emissions is estimated theoretically in the process of getting a permit for its operation and later is to be adjusted and monitored by its owner. Thus, monitoring and control over emissions resulting from waste incineration is practically inexistent. Considerable deterioration of environmental situation is observed during incineration of infectious wastes, which according to generally accepted practice, undergo bromine chlorine disinfection prior to incineration; this leads to still greater release of dioxins and furans; chlorine compounds are released in disposal fields as well. Additional environmental problem is due to formal classification of fallouts following incineration of domestic wastes and utilization of these fallouts in disposal fields that are not meant for that. In October 2013 a new global Mercury Convention generally known as Minamata Convention was signed. This Convention reflects common position of the countries and their attitude to the problem of mercury pollution as a serious threat for human health and environment. Kazakhstan being an active participant of international agreements in the area of environmental protection should undertake measures towards regulation improvement in the field of mercury pollution. The first priority is capacity building of all the stakeholders regarding management of goods and wastes containing mercury. Job description: To achieve the objectives of the Project - «Update of the National Implementation Plan, Integration of Management of Persistent Organic Pollutants into National Planning and Rational Healthcare Waste Management in Kazakhstan» - (components 1, 2 and 3) the following activities will be undertaken: 1. Update of the National Implementation Plan of Stockholm Convention on Persistent Organic Pollutants in terms of new POPs, including: a) Preliminary review of the use and import of new POPs; b) Identification of new sources of uPOPs; c) Identification of industries using new POPs (industries processing wastes and containing new wastes); d) Assessment of POP monitoring system; e) Finalization of the new POPs inventory Plan; f) Development of preliminary text of new NIP chapters dealing with new POPs; g) Development of an updated NIP related to Stockholm Convention given new POPs; 2. Development of capacity building program for the stakeholders on issues of POPs, health care wastes and mercury, including: a. Capacity building Program (training workshops) covering POPs risks, inventory, POPs monitoring, institutional roles and responsibilities, POP control criteria, monitoring data submitted by the parties concerned; b. Capacity building Program (training workshops) covering risks of mercury use and release into environment, inventory, sources of mercury emission and tracking data across different data bases; c. Training program on safe healthcare waste management. h) Organization and holding 4 regional training activities on capacity building and consultations with the stakeholders on issues related to uPOPs, risks, uPOP monitoring, institutional roles and responsibilities, indicative legislation on POP control and measures of its implementation, including1: a. Development of training programs and training module; b. Involvement of stakeholders into training workshops; c. Involvement of reputable experts (in case an organization does have such staff members); d. Organization and reservation of facilities completely furnished for such workshops, including meals for the workshop participants2 e. Availability of hand-outs for the participants; i) Analysis of regulation of the use, production and import of mercury lamps as well as disposal, collection, transportation and dumping of mercury containing wastes in Kazakhstan, including: a. Overview of legislative and regulatory requirements concerning regulation of mercury lamps and mercury containing wastes, proposals regarding update of legislative regulation of mercury containing lamps and wastes (in cooperation with the UNDP/GEF Project «Promotion of Energy-efficient Lighting in the RK»); b. Drafting Standard Rules of Handling Waste Mercury Lamps (in cooperation with the UNDP/GEF Project «Promotion of Energy-efficient Lighting in the RK»). Other responsibilities: Participation in the organization of workshops held by UNDP within the framework of the given project implementation; Cooperation with NGOs within the framework of the project objectives; Development of a media article on the activity topic Gathering necessary information from other partners, stakeholders 1 Coverage of the following target groups: representatives of industrial companies, specialists of specialized waste management companies, civil servants, members of testing laboratories and centers, environmental non-government organizations 2 Assumed venues for the workshops: Atyrau, Shymkent, Karaganda and Ust-Kamenogorsk cities Regular reporting to the Project manager as to the progress of the services provision Coordination of all the activities and reports with the Project manager Submission of Final Report on work completion as well as all the developed materials in eformat Implementation of other objectives in line with the requirements of the Project manager Work with other Project experts, including an international one. Expected outcomes and payments: No. Expected outcomes Program on capacity building for the stakeholders 1 dealing with POPs, healthcare and mercury wastes is completed Preliminary report on review and assessment of the current situation, assessment of the preliminary data 2 based on the inventory of new POPs and of sectors using new POPs is completed Assessment of the monitoring system and existing 3 capacity on mercury management is completed Overview of legislative and regulatory requirements in the field of regulation of mercury containing materials, 4 goods and wastes (hereinafter – mercury) and proposals as to update of legislative mercury regulation is submitted 4 training workshops held in pilot areas on capacity building to address POPs risks, POPs monitoring, 5 institutional roles and responsibilities, indicative legislation on POP control, including POPs and measures of its implementation Publication at least one article in printed media for the 6 sake of information dissemination Drafting Standard Rules of Handling Mercury is 7 completed Participation in the workshop and presentation of an 8 updated NIP for discussion Updated NIP is completed and submitted to the 9 MoEPWR Final Report of ToR implementation is ready and 10 submitted Time Payment May July 30% July August SeptemberOctober 60% October November November December 10% December Responsibility: Accountability to the Project manager Ensure timely and good quality implementation of the Terms of Reference Ensure absolute implementation of the Contract requirements Requirements to the materials submitted: 1. Report on review and assessment of the current situation, assessment of preliminary data of POPs inventory and industries and overview and assessment of the national planning system. Number of pages – at least 25 (font -Times New Roman14) 2. Capacity Building Program for the stakeholders on problem issues dealing with the Project implementation (including 3 components). Number of pages – at least 15 (font -Times New Roman14) 3. Overview of requirements and regulatory acts related to mercury lamps and proposals on update of the legislative regulation of mercury lamps. Number of pages – at least 25 (font Times New Roman14) 4. Draf Standard Rules of Handling Waste Mercury Lamps. Number of pages – at least 10 pages. (font -Times New Roman14) 5. Media publication (an article). Number of pages – at least 2 (font -Times New Roman14) 6. Report on the work done. Required knowledge and skills: Legal entity with at least 4-year experience of work in the organization and in holding workshops and training activity on capacity building in the field of chemical safety and waste management. Experience of project implementation in the field of chemical safety in international organizations National experts in the field of chemical safety - staff members Experienced training staff to implement requirements described in the Terms of Reference with adequate background in environmental and/or technical sciences.