legal advisor ecolabelling entity

Result of Service The consultant will be responsible for supporting the UNEP Finance and Economic Transformations Coordination Project (FET PCP), especially to the project “Greening Supply and demand: Advancing Eco-Labels and Sustainable Public Procurement for climate and biodiversity protection (Eco-Advance)” funded by the International Climate Initiative.

Outputs: 1. A workplan about support for the Legal Establishment of a Regional Environmental Labeling Program - "Environmental Alliance of the Americas"

2. A comprehensive report describing the proposed legal framework for the Alliance’s environmental labels, including the “Environmental Label of the Americas” and the “Product Declaration of the Americas". This should include a detailed section on entity formation covering the selection of the type of legal entity (including pros and cons for each option to consider), the jurisdiction chosen for registration, the registration process, the drafted statutes or internal regulations, the obtained tax status, and any necessary permit or license and registration of the environmental labels.

3. A report addressing national legal considerations, including recommendations for harmonization and mutual recognition among Alliance member countries.

4. A detailed report identifying the specific financial requirements for the establishment of the Alliance, describing each cost category and providing justifications for the specified amounts.

5. A detailed Intellectual Property (IP) strategy document outlining the steps to register and protect the 'Environmental Label of the Americas',

6. Presentation of the results to the consultancy to the Alliance and the EcoAdvance project consortium.

Work Location home-based

Expected duration 6 months

Duties and Responsibilities The United Nations Environment Program is the designated entity of the United Nations system to address environmental problems at the global and regional level. Its mandate is to coordinate the development of environmental political consensus, keeping the global environment under review and informing governments and the international community of emerging issues for their action. The UNEP's mid-term strategy (MTS) 2022 - 2025 identifies unsustainable patterns of production and consumption as the main underlying cause of the three planetary crises: climate change, loss of nature, and pollution. Addressing these interconnected problems requires an integrated approach that focuses on climate, biodiversity, and pollution, needing substantial financial and economic transformations towards a more resource-efficient and circular economy.

This consultancy is part of the project "Greening supply and demand: Promoting Ecolabels and Sustainable Public Procurement for climate and biodiversity protection (Eco-Advance)". The project is funded by the Federal Ministry of Environment, Nature Conservation, Nuclear Safety and Consumer Protection (BMUV), through the International Climate Initiative. One of the objectives of the project is to assist the regional environmental labeling program called the Environmental Alliance of the Americas (referred to as "the Alliance"), a regional initiative of Latin American countries that strives to create a regional ecolabel known as the Environmental label of the Americas. The initiative aims to develop common criteria for products, processes, and services among countries, and increase regional recognition and awareness of sustainable products and services.

Objective The main objective of this consultancy is to provide comprehensive legal support for the legal constitution of the "Environmental Alliance of the Americas" (referred to as “the Alliance”). The consultant is expected to analyze the different options to legally register the Alliance, what are the advantages and disadvantages of each one, recommend on the legal scheme that allows the Alliance to have operational and financial independence in the best way, and develop a detailed roadmap for the legal establishment of the ecolabel, identify initial financing requirements for the establishment of the entity and manage Intellectual Property (IP) rights for ecolabels part of the Alliance ("Environmental label of the Americas" for type I labeling and " Environmental Declarations of the Americas" for type III).

Scope of Work The selected consultant is expected to carry out the following activities in close collaboration with members of the Environmental Alliance of the Americas, through regular consultations.

1. Organizational Structure review In collaboration with Alliance members and key actors, the consultant will analyze different options for the legal organizational structure of the Alliance. This will include, but is not limited to, reviewing from a legal perspective the option of an existing regional organization hosting the Alliance and supporting the establishment of the Alliance as an independent legal entity. The consultant will participate in meetings/workshops organized by the Alliance and its country members to provide a legal perspective. If this option of joining another already existing organization is not feasible, the consultant should recommend the best option for the independent development of the Alliance.

2. Legal Framework Development Based on the options identified for the organizational structure of the Alliance, develop a proposal for a comprehensive legal framework for the establishment and operation of the Environmental Standard of the Americas.

2.1. Formation of the Alliance The consultant will provide detailed guidance for each step of the entity formation process, ensuring that the Alliance is legally established in the way that best supports its mission and objectives. This includes, but is not limited to: 2.1.1. Define options for the type of Legal Entity: Advise on the most suitable legal structure for the Alliance, taking into account its regional scope, objectives, and operational needs. This could include structures such as a nonprofit organization, an international non-governmental organization, or a regional association. 2.1.2. Jurisdiction: Guide the Alliance in choosing a jurisdiction for its official registration, considering factors such as regulatory requirements, ease of doing business, cost tax implications, and the alignment of the jurisdiction with the mission and operations of the Alliance. 2.1.3. Registration Process: Assist in carrying out the necessary procedures to register the Alliance as a legal entity. This includes drafting the documents, filling out the necessary forms, submitting all the required documentation, and facilitating communication with the relevant authorities. 2.1.4. Statutes/Internal Regulations: Review the Alliance's foundational documents from a legal perspective, such as statutes or internal regulations, which will define its purpose, governance structure, membership rules and formalities for joining, and other key aspects of its operation. It should be noted that the evaluation of the Alliance's current governance will be carried out in the context of a separate consultancy, and the consultant will only review the legal aspects of the proposals. 2.1.5. Fiscal Status: Advise and assist in obtaining the appropriate fiscal status for the Alliance, such as a tax-exempt status for nonprofit organizations. This may involve navigating complex tax laws in multiple jurisdictions. 2.1.6. Permits and Licenses: Identify any permit, license, or other regulatory approval that the Alliance may need to operate in each of the countries involved, and assist in their acquisition. 2.1.7. Initial Reporting: Support the Alliance in complying with any initial reporting requirement, such as the disclosure of information about its governance structure, sources of financing, or planned activities.

2.2. Compliance with international and national laws and ISO Standards: Ensure that the operations of the Alliance, including the issuance of environmental labels part of the Alliance ("Environmental Label of the Americas for Type I labeling and Environmental Declarations of the Americas for Type III), and compliance controls, align with international best practices and comply with the national laws of the involved countries. This includes reviewing and addressing potential legal obstacles or requirements in each of the participating countries, and providing recommendations to harmonize these into a cohesive regional approach.

2.3. Dispute Resolution Mechanisms: Establish mechanisms for resolving internal and external disputes, such as disagreements over the issuance or compliance with the Environmental Standard of the Americas, to protect the integrity of the Alliance and ensure fairness for all stakeholders. This could include disagreements over whether a product meets the criteria for an ecolabel, or disputes over whether members are fulfilling their obligations under the rules of the alliance.

2.4. Risk Management: Identify potential legal risks and develop strategies to mitigate them. This could include potential liabilities related to the issuance of labels, or conflicts of interest within the governance structure.

2.5. Legal Structure and Governance: The consultant should identify the new legal structure that best allows compliance with the principles governing the Alliance and propose one that allows for a democratic, representative, and more equitable governance scheme for the participating countries.

3. Identification of Initial Financing Requirements Identify and articulate the specific financial needs required for the establishment and initial operation of the Alliance. This includes the costs associated with legal registration, operational setup, and any other expenditure relevant to the establishment phase of the Alliance.

4. Identification of Operational Financing Requirements Identify and articulate how the Alliance can legally obtain financial contributions from conformity assessment bodies and certified/verified organizations of member countries or other entities, and how these funds can be managed within the legal framework of the Alliance. This will ensure that the Alliance has the financial resources it needs to effectively fulfill its mission, while complying with all relevant laws and regulations. Provide inputs on any legal considerations or restrictions that the Alliance should be aware of when securing and managing these funds.

5. Intellectual Property Arrangements Develop a strategy for the management and protection of Intellectual Property (IP) associated with the environmental labels part of the Alliance ("Environmental Label of the Americas” for Type I labeling (ecolabels) and “Environmental Declarations of the Americas” for Type III), including the registration of trademarks, copyright, and other relevant IP rights.

Qualifications/special skills Advanced University Degree (Master’s or equivalent) in relevant field. A first-level university degree in combination with at least 2 (two) years of qualifying and relevant professional experience may be accepted in lieu of the advanced university degree.

Experience: - A minimum of 5 years of demonstrated professional competence in legal affairs. This includes: 1. Entity Formation Experience: Proven experience in the creation of legal entities, in particular international or regional organizations, non-profit organizations, or associations. This includes deep knowledge of entity types, jurisdiction selection, registration processes, drafting foundational documents, obtaining appropriate tax status, and obtaining necessary permits or licenses. 2. Legal Experience: proven experience in general corporate law or non-profit organization law in Latin American countries. Having legal experience in ecolabeling and/or sustainability standards would be a valuable advantage for the role. 3. Intellectual Property Knowledge: Familiarity with intellectual property rights, especially in an international context, and experience in the registration and protection of trademarks, copyrights, and other relevant IP rights.

- Working experience in Latin America and the Caribbean region is an advantage

- Ability to work independently, using independent judgment to plan, prioritize and organize a diverse workload in a fast-paced environment

Languages For the post advertised, fluency in oral and written Spanish and English is required. Knowledge of other official languages in the United Nations System is an advantage.

No Fee THE UNITED NATIONS DOES NOT CHARGE A FEE AT ANY STAGE OF THE RECRUITMENT PROCESS (APPLICATION, INTERVIEW MEETING, PROCESSING, OR TRAINING). THE UNITED NATIONS DOES NOT CONCERN ITSELF WITH INFORMATION ON APPLICANTS’ BANK ACCOUNTS.