Terms of Reference _ToR_ for the project by sofiaie

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									Terms of Reference (ToR) for
the project
Part 1




Support to the transposition and implementation
of EU legislation related to accidental or deliberate
marine pollution with oil and other harmful
substances in Turkey



         Colophon   These ToR have been prepared by:
                    EVD, Agency for International Business and Co-operation
                    Unit for International Public Co-operation
                    A.B. Kempers, Project Officer
                    P.O. Box 20105
                    2500 EC The Hague
                    The Netherlands
                    Tel.: + 31 70 778 82 53
                    Fax: + 31 70 335 29 62
                    E-mail: kempers@evd.nl

                    Date:        October 2006

                    Reference:   PPA06/TR/7/6
Contents
 1 Introduction ................................................................................................................................................................................................. 3
 2 Project context and design ........................................................................................................................................................................ 5
   2.1          Overall objective .............................................................................................................................................................................. 5
   2.2          Problem definition ........................................................................................................................................................................... 6
   2.3          Project purpose ............................................................................................................................................................................... 8
   2.4          Project results .................................................................................................................................................................................. 9
   2.5          Types of project activities and methodologies ............................................................................................................................ 9
   2.6          Assumptions and preconditions.................................................................................................................................................. 10
 3 Project organisation ................................................................................................................................................................................. 11
   3.1          Input provided by the counterpart, beneficiary and contractor ................................................................................................ 11
   3.2          Nominated partner ......................................................................................................................................................................... 12
   3.3          Phasing and time schedule .......................................................................................................................................................... 13
   3.4          Budget ............................................................................................................................................................................................ 13
 Annex I          Letter of Approval from the counterpart/beneficiary ................................................................................................................ 15
 Annex II Letter of Approval from the beneficiary ..................................................................................................................................... 16
 Annex II Letter of Approval from the beneficiary ..................................................................................................................................... 17




 Terms of Reference for the project - part 1                                                                                                                            2
1 Introduction
  On behalf of the Netherlands Ministry of Economic Affairs, the Netherlands Ministry of Foreign
  Affairs and the Netherlands Ministry of Housing, Spatial Planning and the Environment, the EVD
  implements respectively the PSO Pre-accession Programme (PPA), the Matra Pre-accession
  Projects Programme (MPAP) and the PPA-Environmental Facility (PPA/V).

  These Netherlands Pre-accession Programmes aim to assist four candidate member states,
  Bulgaria, Croatia, Romania and Turkey, in meeting the criteria for EU membership through projects
  dealing with the (consequences of) implementation of European legislation.

  The main objective of these programmes is twofold:
   providing assistance to the public sector in the implementation of the acquis communautaire or
     accession related policy;
   establishing lasting relationships between government institutions in The Netherlands and in the
     recipient countries.

  The difference between the three programmes is found in the sectors that are covered: the PPA
  concentrates on the economic sectors, the MPAP concentrates on the non-economic sectors, and
  the PPA/V is geared towards environmental projects.

  The way in which the programmes are arranged in each recipient country is laid down in a policy
  document, the „Memorandum of Understanding‟, which forms the legal basis for any activity to be
  undertaken.

  Within the framework of the PPA/V for 2006 the EVD identified the following project in Turkey:

      Title             Support to the transposition and implementation of EU legislation related
                        to accidental or deliberate marine pollution with oil and other harmful
                        substances in Turkey
      Budget            EUR 400,000
      Counterpart       Ministry of Environment and Forestry (MoEF)
      Beneficiary        MoEF;
                         Undersecretariat for Maritime Affairs (UMA);
                         Turkish Coast Guard (TCG).
      Duration          2 years

  Following the identification, the EVD formulated the Terms of Reference (ToR) for the project in
                                                        1
  accordance with the Logical Framework Methodology . During the drafting process information and
  feedback was obtained from the various Turkish parties involved and agreement on the content of
  the ToR was reached with MoEF, UMA and TCG.

  As such these Terms of Reference (ToR) were formulated in full co-operation with the project‟s
  counterpart and beneficiary and represents all agreements made between the counterpart and
  beneficiary and the EVD regarding the framework of the technical assistance foreseen by the project
  (purpose, results, input of counterpart and beneficiary and required expertise).




  1
         In annex 1 of the Tender Instructions (part 2) the tenderer may find an information brochure on the
         Logical Framework Methodology.


  Terms of Reference for the project - part 1                                                  3
The following chapters detail the project design and context, as well as the project organisation, as it
was agreed upon with the Turkish counterpart and beneficiary. As such, this document serves as a
basis for the proposal to be delivered by the tenderer according to the Tender Instructions for the
project (part 2).




Terms of Reference for the project - part 1                                        4
2 Project context and design
  2.1 Overall objective
  The project aims to contribute to the accession of Turkey to the European Union.

  In particular, the project aims to assist Turkey in the transposition and implementation of EU
  legislation related to accidental or deliberate marine pollution with harmful substances in Turkey.


  Accession relevance
  In the National Programme for the Adoption of the Acquis Communautaire 2006 (NPAA) (National
  Plan after it entered into force) the following is mentioned on the subject: “Completing the
  administrative structure for investigation of marine accidents and making the legislative and
  technical arrangements is necessary.”

  In the progress report 2005 of the European Commission the following progress is described:
  “Drafts aimed at transposing most of the maritime safety acquis were prepared. The law on
  emergency response during pollution of the marine environment with hydrocarbon or other
  hazardous substances has entered into force in March 2005, but still requires the necessary
  institutional to be established.”

  This project relates particularly to Decision No. 2850/2000/EC concerning the setting up of a
  Community Framework for co-operation in the field of accidental and deliberate marine pollution and
  to the MARPOL Convention (International Convention for the Prevention of Pollution from Ships,
  1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78).

  In addition, also the following EU legislation has to be taken into account:
   Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on
      ship-source pollution and on the introduction of penalties for infringements;
   Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000 on
      port reception facilities for ship-generated waste and cargo residues - Commission declaration;
   Council Decision No. 86/85/EEC establishing a Community information system for the control
      and reduction of pollution caused by the spillage of hydrocarbons and other harmful substances
      at sea, subsequently amended by Council Decision 88/346/EEC;
   Council Framework Decision 2005/667/JHA of 12 July 2005 on the strengthening of the criminal-
      law framework on ship source pollution;
   Council Decision 2001/792/EC of 23 October 2001 establishing a Community mechanism to
      facilitate reinforced co-operation in civil protection assistance interventions;
   Commission Decision 87/144/EEC of 13 February 1987 amending Decision 80/686/EEC setting
      up an Advisory Committee on the Control and Reduction of Pollution Caused by Hydrocarbons
      Discharged at Sea.

  Currently, several national Turkish laws relate to the prevention of sea pollution, namely:
   the Law on the intervention in case of emergencies and compensation for losses by oil and other
      harmful substances in pollution of marine environments (Law No. 5312). The aim of the law is to
      establish a general national system and framework to respond to accidental pollution by oil and
      other harmful substances;
   the Environment Law No. 2872 that has entered into force in 1983. This law is a framework law
      on a broad scale of environmental issues (and penalties), including the marine environment;
   the water pollution control Regulation and related Notifications. These legislative documents
      regulate technical principles of water pollution;
   Regulation No. 20378 on the procedures of determination of infringement and issuing fines for
      ships and vessels, published on 20 December 1989. This Regulation determines penalties and
      regulates rules and principles for the use of fines indicated in the relevant legislation;Regulation
      No. 25682 on waste reception from ships and control of wastes, published on 26 December



  Terms of Reference for the project - part 1                                        5
    2004. This Regulation lays down the responsibilities on waste reception from ships in ports and
    determines the principles and procedures for its implementation;
   draft implementing Regulation of Law No. 5312 on emergency response. This draft Regulation
    intends to lay down the principles and procedures for the implementation of Law No. 5312.


2.2 Problem definition
Current situation
Turkey is surrounded by sea on three sides, by the Black Sea in the north, the Mediterranean in the
south and the Aegean Sea in the west. In the northwest there is also an important internal sea, the
Sea of Marmara, between the straits of the Canakkale and the Istanbul Strait, which are important
waterways that connect the Black Sea with the rest of the world.

Particularly in the narrow Istanbul Strait the threat of marine pollution, especially from oil transport, is
of is special concern to Turkey. The 12-mile passage is already one of the most difficult in the world
to navigate, and increased shipping--from oil and gas imports flowing into Turkey, as well as
increased shipping from the Black Sea through the Strait to world markets--raise the possibility of
accidents. Collisions in the Strait have resulted in large oil spills, and additional oil shipping from the
Caspian Sea region via the Black Sea and the Istanbul Strait could put the Istanbul area at further
environmental risk.

Therefore an effective legislative framework and policy (measures) to prevent accidental or
deliberate marine pollution are of great concern to Turkey.

Turkey is member of several international organisations, active in the area of marine pollution
prevention. These are the International Maritime Organization (IMO) and the Mediterranean and
Black Sea Memorandums of Understandings (MoU's). Additionally, Turkey is party to the following
international conventions which all have been ratified by Turkey:
 Convention for the protection of the marine environment and the coastal region of the
     Mediterranean (Barcelona Convention) and its protocols;
 Convention on the protection of the Black Sea against pollution (Bucharest Convention) and its
     protocols;
 International Convention on the prevention of pollution from ships (MARPOL 73/78) and its
     protocols and the annexes I, II and V;
 the International Convention on oil pollution preparedness, response and co-operation (OPRC)
     1990;
 CLC 92 and Fund 92 Protocols;
 REMPEC. REMPEC is an UN regional centre within the framework of the Mediterranean Action
     Plan. The centre is administered by the International Maritime Organisation (IMO) and forms
     part of the Regional Seas network of the United Nations Environmental Programme UNEP). Its
     objectives, functions and work programme are defined by the Contracting Parties to the
     Barcelona Convention.

As a candidate country, Turkey commits itself, among many others, to the transposition and
implementation of the European legislative framework in the area of accidental or deliberate marine
pollution with oil and other harmful substances. An important step to achieve this has been made by
a new law that came into force in March 2005. This new law, No. 5312 on response to emergencies
and compensation of losses in case of pollution of marine environment from oil and other harmful
substances sharpens the current legislation concerning accidental or deliberate marine pollution with
harmful substances considerable. The law lays down the responsibilities, positions and obligations
of ministries, governmental institutions, other organisations and responsible parties of vessels that
transport dangerous goods and oil in the Turkish waters. The law is a more specific elaboration of
the former law (No. 2872) that is focused on all kind of pollution. The aim of the new law No. 5312 is
quadripartite:




Terms of Reference for the project - part 1                                            6
   to determine the principles and procedures to respond to pollution of the Turkish sea by
    accidents of ships or activities in the coastal areas and to limit and prevent this kind of pollution
    in case of emergency;
   to determine the liability and compensation after an accident;
   to fulfil the international obligations;
   to determine the authorities, duties and obligations of the authorities and other organisations
    involved.


Institutional setting
The new law, No. 5312 brings forth a triple structure, consisting of the Ministry of Environment and
Forestry (MoEF), the Undersecretariat of Maritime Affairs (UMA) and the Turkish Coastguard (TCG).

MoEF
Particularly the Marine and Coastal Area department under the General Directorate of
Environmental Management of this ministry are of importance in the project context. The total
number of staff in this department is 20 people, of which 10 are responsible for policy development
related to accidental or accidental or deliberate marine pollution. Specifically, this department is
responsible for:
 the general co-ordination with other responsible institutions;
 the development and preparation of emergency plans and the execution of emergency
     intervention plans in Turkish coastal areas;
 in case of an accident, to determine the type of pollution, the impact on the environment and the
     environmental damage;
 to restore the affected areas after an accident.

UMA
The UMA is the Turkish maritime administration. At the central office there are 400 people employed
and approximately 600 at the seven regional offices (regional directorates). Among the staff of the
regional directorates is an amount of port masters who have administrative responsibilities and
inspections tasks of smaller vessels and inspectors who are responsible for the inspection of large
vessels. In the context of this project, especially the Environment Department of UMA is important.
This department carries out activities related to accidental and deliberate pollution from ships has.
The number of staff in this department is 10 persons. Specifically, the UMA (the Environmental
Department) has the following responsibilities:
 the implementation of an emergency plan in case of pollution of the sea by vessels;
 the implementation of activities related to the preparation, intervention, compensation and
    determination of financial liability in case of an accident.

TCG
TCG was established in 1982. TCG functions under the control of Ministry of Interior. With concern
to marine pollution by vessels the TCG specifically has the following responsibilities:
 the execution of security duties in case of emergencies related to pollution of the marine
    environment;
 the implementation of ship source pollution related penalties, laid down in the national legislation
    on behalf of the MoEF.
In order to execute its duties, the TCG has 157 patrol boats, 3 planes, 8 helicopters and 5 mobile
radars.

In short, under the new law the MoEF obtained the responsibility for the preparation of the National
Emergency Intervention Plan and the ascertainment of the losses and rehabilitation of the polluted
areas. The UMA has the responsibility to respond in case of sea pollution and the Turkish
Coastguard has the responsibility of maintaining the public order.




Terms of Reference for the project - part 1                                          7
Despite the new law the MoEF has indicated that still the following problems exist in Turkey in the
area of accidental or deliberate marine pollution with harmful substances:
 the relevant national legislation on accidental and deliberate marine pollution from ships is not
    exactly complying with EU Acquis and also some EU Acquis, particularly on penalties and
    infringements has not been transposed into national legislation;
 the information system which is described in the Decision No. 2850 has not been established in
    Turkey;
 the following implementing guidelines under the relevant national legislation still have not been
    drafted:
    o guidelines on the establishment of coastal facilities, operation groups and other relevant
         institutions with responsibilities to respond to oil pollution;
    o guidelines for the effective implementation of responsibilities and duties of responsible
         governorships and co-ordination committees;
    o guidelines for the effective implementation of responsibilities and duties of operation
         co-ordinators and on the scene co-ordinators, including their competencies and
         qualifications;
    o guidelines for the use of respond equipment, such as disperse equipment;
    o guidelines for the implementation of international conventions related with civil liability and
         compensation;
    o guidelines for the monitoring of illegal discharges.
 draft documents and models on national responsibilities and obligations of MARPOL, such as
    monitoring of MARPOL violations, determination illegal discharge and collection of evidences
    are not prepared yet;
 a national action plan for national implementation of the Regional Marine Pollution Emergency
    Response Center for the Mediterranean Sea (REMPEC) strategies has not been prepared yet.


Project intervention
The project is to contribute to enabling the MoEF, the UMA and TCG to implement the legislative
obligations with concern to accidental or deliberate marine pollution with oil and other harmful
substances in Turkey and in conformity with European requirements and other international
obligations (such as MARPOL and REMPEC). In order to achieve this, the project will focus on the
following three aspects. Firstly the project will review the existing national legislation in the area of
accidental or deliberate marine pollution with oil and other harmful substances and provide
recommendations in order to bring in order to bring the national legislation in conformity with the
European legislation and other international obligations (such as MARPOL and REMPEC). This
includes the drafting of secondary legislation, such as guidelines. Secondly, the capacity of the
Ministry of Environment, the UMA and the TCG in relation to the legislative responsibilities in the
area of accidental or deliberate marine pollution will be strengthened. To this end, the project will
pay specific attention to 1) the development of a strategy and a national action plan to implement
REMPEC strategies, 2) the development of draft documents and models on national responsibilities
and obligations on the monitoring of MARPOL violations, the determination of illegal discharge and
the collection of evidence and 3) the development of a modal information system based on Decision
No. 2850. Thirdly, with reference to the above described institutional structure the project will provide
assistance to strengthen the co-operation structure between MoEF, the UMA and TCG and to
further define or revise the functional and operational tasks and responsibilities of the three
institutes.


2.3 Project purpose
The Turkish Ministry of Environment, the UMA and the TCG are able to implement the legislative
obligations concerning accidental or deliberate marine pollution with harmful substances in
accordance with European requirements and other international obligations.




Terms of Reference for the project - part 1                                         8
2.4 Project results
The following project results are anticipated to be achieved:
1. relevant national legislation (including secondary legislation such as guidelines) in the area of
    accidental or deliberate marine pollution with oil and other harmful substances on the prevention
    of marine pollution is analysed and recommendations and drafts for amendments are given in
    accordance with European requirements and other international obligations;
2. the capacity of the MoEF, the UMA and the TCG in relation to legislative responsibilities in the
    area of accidental or deliberate marine pollution with oil and other harmful substances and the
    provisions of MARPOL Convention in the area of marine pollution is strengthened;
3. a strategy is developed for an effective and efficient co-operation structure between MoEF,
    UMA, TCG and in the area of accidental or deliberate marine pollution with oil and other harmful
    substances in Turkey.


Related initiatives (of other donors)
Enhancement of Maritime Safety in Turkey (TR02-TR-01)
This project is a Twinning project, implemented by Spain. The two aims of the project are:
 legal alignment with EU rules (in this framework Decision No. 2850 has been transposed into
    national legislation);
 improvement of administrative capacities in order to ensure effective enforcement of new and
    existing legislation, mainly in the field Flag State Implementation.

LIFE Project “Risk Assessment of the ports of Mersin and İskenderun and other ports in Turkey and
associated capacity building for state of readiness and for response to marine pollution”
In this project, an assessment was being made of the risk of maritime-related accidents in Turkey
arising from the import/export of maritime shipments of hazardous substances. The objectives of this
project were:
 improve the existing organization system for preparedness and response within the different
     ports;
 to integrate the ports emergency system with the local and national system for preparedness
     and response;
 to facilitate the establishment of the response units in each port;
 to identify the necessary additional equipment proportionate to the risk involved and which would
     be considered as a minimum requirement to deal with the risk;
 to develop a programme of training and exercises for the relevant port personnel.

The development of an environmental master plan and investment plan for the Marmara Sea Basin
(ongoing project)
This project is supported by European Investment Bank. The objectives of this project are:
 to prepare environmental management plans in order to improve and protect the water quality of
    the important water basins in Turkey;
 to develop an environmental management plan in which the strategic options for managing the
    water quality of the Marmara Sea is drawn up.


2.5 Types of project activities and methodologies
Project results in projects carried out under the framework of the PPA/V are generally achieved by
the following type of activities (non-exhaustive):
 analyses, such as SWOT-analysis, GAP-analysis, Force Field analysis, Training Needs
    Assessment, et cetera;
 plans, procedures and strategies, including documents detailing recommendations for the
    necessary changes;
 documents detailing the implementation of change processes, such as handbooks, manuals,
    communication plans, management plans, et cetera;
 study visit(s) to relevant institutions in The Netherlands;


Terms of Reference for the project - part 1                                      9
   workshops, trainings, seminars and conferences. Suggested subjects are 1) emergency
    response operations and 2) MARPOL violations;
   training. Suggested subjects are 1) training on emergency response and clean-up operations
    and 2) experiences in other Member States on the subject of this project.

In order to realise maximum sustainability and impact of the project results, it is advisable to use one
or more of the following methodologies: task forces, working groups, counselling, hands on
assistance, train-the-trainers and on-the-job training (non-exhaustive list).
Considering that most of the project activities are in support of activities to be implemented by the
respective beneficiaries, the project's main contribution is to provide them with technical assistance
specifically in terms of project management and technical expertise.

In the framework of this project, it seems useful to start the project by organising a workshop for all
policy staff in the MoEF, the UMA and the TCG dealing with accidental or deliberate marine pollution
with harmful substances, to decide on strategic policy lines.

In order to realise the project results third result, it is foreseen to develop and execute one or more
pilot projects, focusing on the formulation and execution of emergency intervention plans to the
create samples on contingency planning and the organisation and execution of an emergency
intervention plan.


2.6 Assumptions and preconditions
It is assumed that during project implementation there is a continued political commitment in both
the EU and Turkey to European integration. As regards the transposition, implementation and
enforcement of relevant acquis communautaire, it is assumed that possible changes at political level
will not interfere with capacities built and organisational improvements achieved under the project.

It is assumed that all Turkish parties involved (ministerial bodies, politicians, NGO‟s, others) are
willing to co-operate in the framework of the project, and will make available (human) resources in
order to fully support the project‟s activities.

It is assumed that the government of Turkey will make available sufficient national resources in order
to ensure the sustainability of the project‟s results. In this case sustainability means the continuation
of training to relevant staff of MoEF, UMA, and TCG on both central and regional level.

It is assumed that the Ministry of MoEF will be a key player in bringing all relevant parties together
for this project.

A pre-condition for project implementation is the availability of training facilities (rooms and
equipment) both in Ankara and elsewhere.

It is a pre-condition for effective and efficient project implementation that incoming and outgoing
missions and other activities are timely planned. This means that both the Dutch and the Turkish
experts have to take into account the regular tasks of the Turkish parties involved and the project
activities in which they are engaged.




Terms of Reference for the project - part 1                                           10
3 Project organisation
  3.1 Input provided by the counterpart, beneficiary and contractor
  Most activities formulated in these ToR are in support of activities to be implemented by the
  respective beneficiaries. The institution building nature of this project requires that the counterpart, in
  co-operation with the respective beneficiaries, assume full responsibility for the implementation of
  the activities to be supported by the project.

  The detailing and/or fine tuning of the input mentioned below by the counterpart and the beneficiary
  (and if desired other stakeholders) will take place after the start of the project in close consultation
  between the contractor, the counterpart and the beneficiary. Detailing should be done according to
  actual circumstances.


  Counterpart
  The MoEF will secure the availability of sufficient manpower and expert inputs at counterpart level
  so as to ensure the successful execution of project implementation activities as well as the project
  monitoring activities.

  The input of the MoEF was agreed upon by means of a Letter of Approval. This letter is attached to
  these ToR in annex I.


  Beneficiary
  The MoEF, the UMA and the TCG will secure:
   the availability of sufficient manpower and expert inputs at appropriate beneficiary level so as to
     ensure the successful execution of project implementation activities as well as the project
     monitoring activities;
   successful execution of project monitoring by attending Project Advisory Committee (PAC)
     meetings;
   English translation of all relevant acts, regulations and directives (in writing);
   adequate working space for the Netherlands experts carrying out the different activities under
     the project;
   support to the work of project experts otherwise (such as networking, involving beneficiary
     organisation, organising arrangements);
   the availability of training facilities (rooms and equipment) both in Ankara and elsewhere, when
     needed;
   the participation of a co-ordinator of this PPA-project on behalf of the Ministry of Environment
     and Forestry and if possible of the UMA and the TCG, who is involved in day-to-day
     management of the project from the beneficiary's side and in dealing with relevant practical
     matters;
   transportation of Turkish experts within the territory of Turkey, primarily when activities are being
     held in pilot provinces.

  The input of the MoEF, the UMA and the TCG was agreed upon by means of a Letter of Approval.
  This letter is attached to these ToR in annex II.


  Monitoring of the project
  A Project Advisory Committee (PAC) will be established to guide and monitor the project.

  The PAC should consist of officials who have the responsibility or the mandate to present the views
  of the Turkish counterpart and beneficiary(ies) and who can decide on issues which might influence
  the project.



  Terms of Reference for the project - part 1                                          11
Implementing organisation
A (consortium of) Netherlands organisation(s) will be responsible for the implementation of the
project. All Dutch experts will in principle be deployed on a short-term basis. The short-term experts
should have substantial experience in the relevant subject matter fields.


3.2 Nominated partner
Technical assistance

The Ministry of Transport, Public Works and Water Management, Directorate-General for
Public Works and Water Management (RWS), North Sea Directorate
The Directorate-General (RWS) is the implementing organization of the Ministry of Transport, Public
Works and Water Management and works to protect against flooding and to provide sufficient clean
water for all users. RWS also promotes the rapid and safe flow of traffic on national roads and
waterways.

The North Sea Directorate
The North Sea Directorate is part of the Directorate General for Public Works and Water
Management (RWS). The aim of the North Sea Directorate is to foster the security of shipping and to
respond to emergencies on the North Sea. With regard to accidental of deliberate marine pollution in
The Netherlands, the North Sea directorate is the administrative representative of the Minister of
Public Works in the North Sea area and has the responsibility to assess, respond and co-ordinate
the clean up operation (in case of quantities larger than 5,000 litres). Additionally, the Directorate
has a co-ordinating task in the Interdepartmental Directors' Consultation North Sea (IDON) in which
several ministries are represented.

Participation of the North Sea Directorate is necessary from the point of view of realising the project
purpose.

Role and input
The mode and intensity of the participation of the North Sea Directorate has not yet been
established. The exact role and inputs of this organisation will be worked out in detail and shall be
based on assessment of the actual project situation during the inception phase.

However, the following preliminary guidelines on the role and input of both organisations can be
given:
 the North Sea Directorate's exact input and responsibilities in the project shall be guided by the
    unique position of this organisation in The Netherlands setting and corresponding tasks and
    responsibilities as a governmental institution. It's input will thus be related to subject matter
    expertise and experience that lies exclusively with the North Sea Directorate;
 the concrete input of the North Sea Directorate in underlying project is meant to focus on (1) the
    evaluation of existing structures and systems, (2) organisational and operational factors, in
    consultation with the Turkish partners, and (3) providing advice on possible improvements,
    among others by showing and comparing the different structures, systems and the like.

Tendering instructions
Although a final decision on the mode and intensity of the role of the North Sea Directorate within
the project will be made only in the inception phase, the tendering parties are invited to demonstrate
their view on role and input of the North Sea Directorate, using the preliminary qualitative and
quantitative guidelines given in these ToR (part 1).
The input of North Sea Directorate shall be financed from the total budget available for underlying
project (fixed at EUR 400,000). For the input from the North Sea Directorate an indicative budgetary
provision has been made of EUR 30,000. This reservation includes fees in The Netherlands and in
Turkey, international travel and DSA (see also paragraph 3.4 below).




Terms of Reference for the project - part 1                                        12
Monitoring

The Netherlands Ministry of Transport, Public Works and Water Management, Directorate
General of Transport and Aviation (DGTL)
The Netherlands Ministry of Economic Affairs is charged with the policy co-ordination and policy
making for marine pollution (EU and nationally), and with the introduction of corresponding
measures in The Netherlands.

Participation of the ministry is necessary from the point of view of realising the purpose of the
project. This specifically concerns input of the ministry for monitoring the project progress and
participating in the Project Advisory Committee meetings (see also part 3, paragraph 3).
To this end a budget reservation is to be made for the involvement of the ministry in the
implementation of the project of EUR 5,000 maximum. This budget is foreseen for travel expenses
to and from Turkey and for accommodation expenses in Turkey. No fees are foreseen.

The exact input by the Ministry of the Ministry of Transport, Public Works and Water Management,
has to be decided and agreed with all involved Dutch and Turkish parties in the inception period.

Tenderers are requested not to contact the Ministry of Transport, Public Works and Water
Management, DGTL during the tendering phase.


3.3 Phasing and time schedule
The anticipated duration of the project is 24 months. Provided that the contract for the project will be
signed before the end of 2006, the following timeframe will apply:

 Project phase                                                       Period
 Start project                                        January 2007 (week 2)
 Project inception period                       January 2007 - March 2007
 Project implementation period                  April 2007 - December 2008
 Project completion                                          December 2008


3.4 Budget
The maximum budget available for this project is EUR 400,000. The definite project sum will be
determined by the EVD based on the outcome of the tender phase.

The maximum Daily Subsistence Allowance (DSA) for Turkey is:
 Ankara                                   EUR 99
 Antalya                                  EUR 136
 Bursa                                    EUR 114
 Elsewhere (governmental Guest Houses) EUR 22
 Istanbul                                 EUR 134
 Izmir                                    EUR 110
 Southeastern Anatolia                    EUR 78
 Elsewhere                                EUR 70

The exchange rate is 1 USD = EUR 0.80.




Terms of Reference for the project - part 1                                         13
The following indicative budget breakdown in percentages can be used as a reference:

 Inception phase                                                  10% of budget
 Project result 1                                                 10% of budget
 Project result 2                                                 30% of budget
 Project result 3                                                 45% of budget
 Completion phase                                                  5% of budget

The project budget will account for:
 costs related to the reproduction of documentation for dissemination purposes;
 costs related to the reproduction of documentation for training purposes in English;
 costs related to interpretation at official meetings in Turkey and/or Netherlands (i.e. not on
   working level);
 transportation costs for the Dutch experts travelling from Turkey to county or district locations for
   the planning and implementation of project activities.

With regard to the nature of the problem situation, the anticipated project intervention and the
activities and methodologies, as described in paragraphs 2.2 - 2.5, underlying project concerns
technical assistance only. No material assistance of any kind is foreseen.

For the participation of the nominated Netherlands North Sea Directorate an indicative budget
reservation of EUR 30,000 should be made.
For the participation of the Dutch Ministry of Transport, Public Works, and Water Management,
DGTL an indicative budget reservation of EUR 5,000 should be made. See also paragraph 3.2
above.




Terms of Reference for the project - part 1                                        14
Annex I             Letter of Approval from the counterpart/
                    beneficiary
 EVD
 Unit International Public Co-operation
 Attn. A.B. Kempers
 P.O. Box 20105
 2500 EC THE HAGUE
 Fax: + 31 70 335 29 62


 On behalf of the Ministry of Environment and Forestry, counterpart and beneficiary in the
 project "Support to the transposition and implementation of EU legislation related to accidental or
 deliberate marine pollution with harmful substances in Turkey PPA06/TR/7/1, I herewith declare that
 the Terms of Reference have been realised in consultation with our organisation and experts and
 that our organisation agrees with the content of the documents as presented to us on [date of final
 ToR].

 Furthermore, I declare that our organisation being the counterpart and beneficary in the project will
 secure the following input:
  the availability of sufficient manpower and expert inputs at appropriate beneficiary level so as to
     ensure the successful execution of project implementation activities as well as the project
     monitoring activities;
  successful execution of project monitoring by attending Project Advisory Committee (PAC)
     meetings;
  English translation of all relevant acts, regulations and directives (in writing);
  adequate working space for the Netherlands experts carrying out the different activities under
     the project;
  support to the work of project experts otherwise (such as networking, involving beneficiary
     organisation, organising arrangements);
  the availability of training facilities (rooms and equipment) both in Ankara and elsewhere, when
     needed;
  the participation of a co-ordinator of this PPA project on behalf of the Ministry of Environment
     and Forestry and if necessary of the UMA and the Turkish Coast Guards, who is involved in day-
     to-day management of the project from the beneficiary's side and in dealing with relevant
     practical matters;
  transportation of Turkish experts within the territory of Turkey, primarily when activities are being
     held in pilot provinces.


 For monitoring purposes [name, function (directors level or higher)] will represent our organisation in
 the Project Advisory Committee.


 [signature]


 [name, position]




 Terms of Reference for the project - part 1                                        15
Annex II            Letter of Approval from the beneficiary
 EVD
 Unit International Public Co-operation
 Attn. A.B. Kempers
 P.O. Box 20105
 2500 EC THE HAGUE
 Fax: + 31 70 335 29 62

 On behalf of the Undersecretariat of Marine Affairs, beneficiary in the project "Support to the
 transposition and implementation of EU legislation related to accidental or deliberate marine
 pollution with harmful substances in Turkey PPA06/TR/7/1, I herewith declare that the Terms of
 Reference have been realised in consultation with our organisation and the counterpart the Ministry
 of Environment, and that our organisation agrees with the content of the documents as presented to
 us on [date of final ToR].

 Furthermore, I declare that our organisation being the beneficiary in the project will secure the
 following input:
  the availability of sufficient manpower and expert inputs at appropriate beneficiary level so as to
      ensure the successful execution of project implementation activities as well as the project
      monitoring activities;
  successful execution of project monitoring by attending Project Advisory Committee (PAC)
      meetings;
  English translation of all relevant acts, regulations and directives (in writing);
  adequate working space for the Netherlands experts carrying out the different activities under
      the project;
  support to the work of project experts otherwise (such as networking, involving beneficiary
      organisation, organising arrangements);
  the availability of training facilities (rooms and equipment) both in Ankara and elsewhere, when
      needed;
  the participation of a co-ordinator of this PPA project on behalf of the Ministry of Environment
      and Forestry and if necessary of the Undersecretariat of Marine Affairs and the Turkish Coast
      Guards, who is involved in day-to-day management of the project from the beneficiary's side and
      in dealing with relevant practical matters;
  transportation of Turkish experts within the territory of Turkey, primarily when activities are being
      held in pilot provinces.

 For monitoring purposes [name, function (directors level)] will represent our organisation in the
 Project Advisory Committee.

 The detailing and fine tuning of the input mentioned above will take place after the start of the project
 in close consultation between the contractor and our organisation according to the actual
 circumstances.


 [signature]


 [name, position]




 Terms of Reference for the project - part 1                                         16
Annex II            Letter of Approval from the beneficiary
 EVD
 Unit International Public Co-operation
 Attn. A.B. Kempers
 P.O. Box 20105
 2500 EC THE HAGUE
 Fax: + 31 70 335 29 62


 On behalf of the Turkish Coast Guards, beneficiary in the project "Support to the transposition and
 implementation of EU legislation related to accidental or deliberate marine pollution with harmful
 substances in Turkey PPA06/TR/7/1, I herewith declare that the Terms of Reference have been
 realised in consultation with our organisation and the counterpart the Ministry of Environment, and
 that our organisation agrees with the content of the documents as presented to us on [date of final
 ToR].

 Furthermore, I declare that our organisation being the beneficiary in the project will secure the
 following input:
  the availability of sufficient manpower and expert inputs at appropriate beneficiary level so as to
      ensure the successful execution of project implementation activities as well as the project
      monitoring activities;
  successful execution of project monitoring by attending Project Advisory Committee (PAC)
      meetings;
  English translation of all relevant acts, regulations and directives (in writing);
  adequate working space for the Netherlands experts carrying out the different activities under
      the project;
  support to the work of project experts otherwise (such as networking, involving beneficiary
      organisation, organising arrangements);
  the availability of training facilities (rooms and equipment) both in Ankara and elsewhere, when
      needed;
  the participation of a co-ordinator of this PPA project on behalf of the Ministry of Environment
      and Forestry and if necessary of the Undersecretariat of Marine Affairs and the Turkish Coast
      Guards, who is involved in day-to-day management of the project from the beneficiary's side and
      in dealing with relevant practical matters;
  transportation of Turkish experts within the territory of Turkey, primarily when activities are being
      held in pilot provinces.

 For monitoring purposes [name, function (directors level)] will represent our organisation in the
 Project Advisory Committee.

 The detailing and fine tuning of the input mentioned above will take place after the start of the project
 in close consultation between the contractor and our organisation according to the actual
 circumstances.


 [signature]


 [name, position]




 Terms of Reference for the project - part 1                                         17

								
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