Terms of Reference (ToR)

International and Local Expert for the

Development of Agricultural Cooperative Law in the frame of the Empowering Rural

Economies in Agriculture (EREA) programme

funded by the Austrian Development Cooperation (ADC)

1. Background

Caritas Switzerland (CACH) is implementing the Empowering Rural Economies in Agriculture (EREA) Programme in Kosovo, which aims to strengthen agricultural cooperatives and promote sustainable agricultural practices, economic development, and the social well-being of rural communities. The programme is designed to address the evolving role of agriculture in Kosovo’s economy, where the sector contributes around 7% to Gross Domestic Product (GDP) and employs about a quarter of the workforce. A significant portion of this workforce resides in rural areas, which house nearly two-thirds of Kosovo’s population.

Despite its crucial role in providing livelihoods, Kosovo’s agricultural productivity remains below regional and international benchmarks. Factors such as limited adoption of modern inputs and technologies, insufficient expertise in good agricultural practices, challenges in market integration, and restricted access to finance have hampered growth in the sector. Agricultural cooperatives, which could play a critical role in overcoming these barriers, are under-regulated by outdated laws that no longer meet the economic, social, and environmental needs of modern agriculture.

To address these regulatory gaps and empower Kosovo’s farmers, the Ministry of Agriculture, Forestry and Rural Development (MAFRD), with support from the EREA Programme, has initiated the process of developing a new legal framework for agricultural cooperatives. This law will aim to improve the organization, economic integration, and market access for farmers across the country, while promoting sustainable farming practices and gender inclusion.

The new legal framework will also be built upon the National Strategy for Rural Development 2023-2028, in harmony with the EU laws and the Strategy for Advisory Services and Rural Development (SASRD) (2023-2027), developed during the previous project phase, which provides strategic recommendations for enhancing rural advisory services. The recommendations and suggestions derived from this government-approved strategy need to be implemented, and EREA activities are directly aligned with these strategic priorities. By working closely with MAFRD and other stakeholders, the EREA Programme is committed to driving forward these essential reforms, creating a stronger, more sustainable agricultural sector that empowers rural communities in Kosovo.

2. Objective

To develop a comprehensive Agricultural Cooperative Law that aligns with Kosovo’s agricultural and rural development policies, best international practices, and EU legislative frameworks. The law will

regulate the establishment, management, and governance of agricultural cooperatives and support the integration of smallholder farmers into the formal economy, promoting sustainable agricultural production, access to markets, and the ability to compete in the global market.

Key areas to be addressed by the law include:

• Defining the structure and functioning of agricultural cooperatives.
• Defining the registration option of the agriculture cooperatives as the legal entity differing from the registering of the other businesses
• Establishing mechanisms for financial support, including grants, subsidies, soft loans, and tax reliefs.
• Facilitating farmers’ access to markets and agricultural inputs.
• Promoting sustainability, gender inclusion, and social integration.
• Ensuring cooperative governance aligns with the principles of transparency and accountability.

3. Scope of Work

The international expert in coordination with the local expert will be responsible for:

• Reviewing existing laws, regulations and policy frameworks on agricultural cooperatives in Kosovo.
• Conducting a comparative analysis of relevant legislation from regional countries and the EU to identify best practices.
• Supporting the working group established by the MAFRD for drafting the new Law on Agricultural Cooperatives and engaging with stakeholders, including farmer organizations, cooperatives, and relevant government agencies, to gather input on the legal requirements and expectations.
• Drafting the new Agricultural Cooperative Law, incorporating stakeholder feedback, international best practices and in line with national Kosovo law.
• Drafting the Model Statute of the Cooperative including the activities best suited to the needs of the cooperatives

4. Key Deliverables

The international expert will deliver the following:

1. Inception Report outlining the methodology, timeline, and key milestones.
2. Comparative Legal Analysis of cooperative laws from regional and EU countries.
3. Draft Agricultural Cooperative Law for review by MAFRD and other stakeholders.
4. Draft model Statute of the Agricultural Cooperative
5. Final Agricultural Cooperative Law, incorporating feedback from consultations.
6. Recommendations for Implementation including a roadmap for the enactment and operationalization of the law.

   5.  Timeline

The consultancy is expected to take place over a period of four months, starting from 10.12.2024.

The following is a tentative timeline for deliverables:

• Inception report: within 2 weeks of contract signing.
• Comparative Legal Analysis: within 1 month of contract signing.
• First draft of the law: within 2 months of contract signing.
• Final draft of the law: within 3.5 months of contract signing.

6. Expertise Required

The ideal candidates (International and local together) will possess the following qualifications:

• Advanced degree in Economy, Agricultural Economics, Extensions, Rural Development or related field.
• Proven experience in developing or amending legislation, particularly in cooperatives, rural development or agriculture.
• Strong understanding of agricultural cooperative structures, rural economies, and farmer organizations.
• Experience with EU and international cooperative laws and policies.
• Demonstrated ability to work with government agencies, farmers’ organizations, and other stakeholders.
• Excellent written and verbal communication skills in English.

7. Reporting and Coordination

The consultant will report to the EREA programme responsible and work closely with the EREA project team and other relevant stakeholders. Regular updates and drafts will be shared with MAFRD for review and input.

7. Submission of Applications

Interested applicants, private companies/service providers are requested to submit an electronic copy of their expression of interest/proposal (technical and financial offer, CVs) by 25.11.2024 with the subject REF: “Development of Agricultural Cooperative Law “ to: [email protected] [email protected]; and [email protected] in the CC line

The offer will be evaluated by using the best value for money approach (combined scoring method). Technical proposal will be evaluated with 80% weight, whereas the financial one will be evaluated with 20%. Offers that do not include all submission requirements will not be evaluated and considered ineligible. For this activity, the consultancy amount shall not exceed 20`000.00 €.

Bidding Cost: Caritas Switzerland in Kosovo will not cover bidding costs and reserves the right to accept or refuse bidders, or to annul or postpone the whole bidding process before signing of any agreements.