Republic of Kosovo Ministry of Infrastructure and Environment Environmental and Social Management Framework (ESMF) Kosovo: Greening Land Greening Land ESMF Draft document for comments March 2020 Environmental and Social Management Framework Greening Land Table of Contents Executive Summary ................................................................................................................................... 5 1 Introduction .................................................................................................................................. 9 1.1 Background ........................................................................................................................................ 9 1.2 Project Development Objectives ...................................................................................................... 9 1.3 Project Components ........................................................................................................................ 10 1.4 Objectives of the Environmental and Social Management Framework...................................... 15 1.5 ESMF Study Methodology ............................................................................................................... 15 1.6 Content of the ESMF Report ........................................................................................................... 16 2 Institutional, Legal, and Policy Framework ............................................................................ 17 2.1 Institutional Framework ................................................................................................................... 17 2.2 Legal Framework .............................................................................................................................. 18 2.3 EIA process according to Kosovo Law ......................................................................................... 24 2.4 Policy Framework............................................................................................................................. 28 2.4.1 Liability and Liability Transfer Mechanisms ....................................................................................... 28 2.4.2 Contaminated Land Management Approaches ................................................................................. 29 2.5 Environmental and Social Framework of the World Bank ........................................................... 30 2.5.1 Objectives and requirements of the Environmental and Social Standards ........................................ 30 2.6 Environmental and Social Risk Classification .............................................................................. 34 2.6.1 World Bank’s Environmental, Health & Safety Guidelines ................................................................. 35 2.6.2 Other relevant World Bank documents .............................................................................................. 35 2.7 Comparison of Kosovo Legal Framework and ESF, 2016 ........................................................... 37 3 Guidelines for Environmental and Social Baseline ............................................................... 39 3.1 Baseline Synopsis of Kosovo ......................................................................................................... 40 3.1.1 Geographical Location of Kosovo ...................................................................................................... 40 3.1.2 Climate ............................................................................................................................................... 41 3.1.3 Hydrology ........................................................................................................................................... 42 3.1.4 Soil ………………………………………………………………………………………………………….44 3.1.5 Geology .............................................................................................................................................. 45 3.1.6 Ambient Air Quality in Kosovo ............................................................................................................ 47 3.1.7 Biodiversity and nature protection ...................................................................................................... 48 3.1.8 Forests ............................................................................................................................................... 49 3.1.9 Social Environment ............................................................................................................................ 49 3.2 Selection of Candidate Sites ........................................................................................................... 53 3.3 Project Influence Area ..................................................................................................................... 53 3.4 Guideline of Baseline Data Collection ........................................................................................... 54 4 Environment and Social Screening and Impacts................................................................... 55 4.1 Environmental Screening ................................................................................................................ 55 4.2 Guidelines for Analysis of Alternatives ......................................................................................... 55 4.2.1 Step 1: Site Analysis .......................................................................................................................... 56 4.2.2 Step 2: Types of Alternatives ............................................................................................................. 57 4.2.3 Step 3: Assessment of Alternatives ................................................................................................... 57 4.2.4 Step 4: Recommended Action ........................................................................................................... 58 Revised0Enviro0ning0Land00P1729920.docx i Environmental and Social Management Framework Greening Land 4.3 Impact Assessment ......................................................................................................................... 58 4.4 Guidelines for Associated Facilities .............................................................................................. 60 5 Environment and Social Management Plan ........................................................................... 61 5.1 Summary of the Steps of Management Plan ................................................................................. 61 5.2 Mitigation Measures ......................................................................................................................... 62 5.3 Environmental Monitoring Plan ...................................................................................................... 64 5.4 Management of Labor Related Issues ........................................................................................... 66 5.5 Chance and Find Procedure for Cultural Heritage ....................................................................... 67 5.6 Guidelines for Bid Documents ........................................................................................................ 68 5.7 Future Studies and Cost .................................................................................................................. 68 6 Institutional, Capacity Building and Reporting ...................................................................... 69 6.1 Institutional Arrangements ............................................................................................................. 69 6.2 Capacity Building ............................................................................................................................. 72 6.2.1 Grievance Redress Mechanism ......................................................................................................... 74 6.2.2 Preparation of Bid Documents ........................................................................................................... 75 7 Stakeholder Engagement and Grievance Mechanism .......................................................... 75 7.1 Stakeholder Engagement ................................................................................................................ 75 7.2 Disclosure of ESMF ......................................................................................................................... 75 7.3 Public Consultations ....................................................................................................................... 75 7.3.1 Consultation on sub-project specific environmental and social assessments. .................................. 76 7.4 Grievance Redness Mechanism ..................................................................................................... 76 7.4.1 Grievance Redress Service ............................................................................................................... 77 7.5 Establishment of Grievance Redress Committee ......................................................................... 77 7.6 Land and Environment Courts .............................................................. Error! Bookmark not defined. Annexes..................................................................................................................................................... 79 Annex 1: Sub-Project Description Form ....................................................................................................... 79 Annex 2: Sub-Project Environmental and Social Screening Form (Risk Categorization) ....................... 80 Annex 3. Generic EISA ToR Outline for Sub-Projects (WB ESF) ................................................................ 83 Annex 4. Generic ESMP ToR Outline for Sub-Projects (WB ESF) .............................................................. 87 Annex 5. List of Applicable Kosovo Legislation ........................................................................................ 100 Annex 6. Project Standards .......................................................................................................................... 102 Annex 7. Guidelines on Environmental and Social Impact Assessment (ESIA) ..................................... 106 Revised0Enviro0ning0Land00P1729920.docx ii Environmental and Social Management Framework Greening Land Abbreviations and Acronyms Abbreviation In full AI Administrative Instruction AMD Acid Mine Drainage BP World Bank Procedures CS Civil Society EHSGs World Bank Group Environmental, Health and Safety Guidelines EIA Environmental Impact Assessment ESCP Environmental and Social Commitment Plan ESF World Bank Environmental and Social Framework ESIA Environmental and Social Impact Assessment ESMP Environmental and Social Management Plan ESS Environmental and Social Standard ESS World Bank Environmental and Social Standard FS Feasibility Study GHG Greenhouse Gas GIIP Good International Industry Practice GoK Government of Kosovo HSRA Health and Safety Risk Assessment KEK Kosovo Energy Corporation J.S.C. KEPA Kosovo Environmental Protection Agency MEETIESI Ministry of Economy, Employment, Trade, Industry, Entrepreneurship and Strategic Investments MESP Ministry of Environment and Spatial Planning (now MoIE) MFT Ministry of Finance and Transfers MoIE Ministry of Infrastructure and Environment NGO Nongovernmental Organization OP World Bank Operational Policy PAP Project Affected Persons PIU Project Implementation Unit SRBLM Sustainable Risk Based Land Management TA Technical Assistance ToR Terms of Reference Trepça Trepça J.S.C. as defined in Law No.05/L-120 on Trepça WB The World Bank Revised0Enviro0ning0Land00P1729920.docx iii Environmental and Social Management Framework Greening Land List of Figures Figure 1 Location of indicative shortlist of demonstration sub-projects ............................................................... 6 Figure 3 EIA process according to Kosovo Law on EIA .................................................................................... 25 Figure 4 Map of Kosovo with MOIE identified environmental hotspots and possible project sites ................... 39 Figure 5 Morpho-orographical map of Kosovo .................................................................................................. 40 Figure 6 Kosovo's Climatic Zones, Mean Annual Temperature and Rainfall .................................................... 41 Figure 7 Kosovo Hydrogeological Map.............................................................................................................. 43 Figure 8 Kosovo Soil Map ................................................................................................................................. 44 Figure 9 Geotectonic Units of Central Balkan Peninsula and Kosovo .............................................................. 45 Figure 10 Kosovo Geological Map .................................................................................................................... 46 Figure 11 Typical Sub-project Implementation Timeline and ESF Activities ..................................................... 61 Figure 12 Mitigation Hierarchy ........................................................................................................................... 63 Figure 13 Proposed Institutional Arrangement .................................................................................................. 70 Figure 14 Phases of the ESIA process............................................................................................................ 106 Figure 15 Analytical phases of the Impact Assessment Methodology ............................................................ 107 Figure 16 RCIA: Six-Step Approach ................................................................................................................ 115 List of Tables Table 1 National environmental legal framework .............................................................................................. 18 Table 2 Applicability of ESS for Greening Land Candidate Sites ...................................................................... 36 Table 3 Compliance Analysis ............................................................................................................................ 37 Table 4 Average monthly temperature of the air and precipitation sums for Коsovo 2020 -2070 with climate change ............................................................................................................................................................... 41 Table 5 Air Quality Standards ............................................................................................................................ 48 Table 6 Tips of Defining Project Influence Area ................................................................................................ 53 Table 7 Limited Values of Soil contamination ................................................................................................... 56 Table 8 Screening Steps, Responsibilities and Timing ..................................................................................... 62 Table 9 Representative Examples of Mitigation Measures by Impacts during Project Implementation ........... 66 Table 10 List of Studies and Cost Requirement for One Site Study ................................................................. 68 Table 11 The Monitoring Requirement .............................................................................................................. 71 Table 12 Environmental and Social Safeguards Training ................................................................................. 72 Table 13 ESMP Guidelines for historically polluted remediation and rehabilitation Sub-Project (Pre- Construction Phase) .......................................................................................................................................... 87 Table 14 ESMP Guideline for historically polluted remediation and rehabilitation Sub-project (Construction Phase and Operational Phase) ......................................................................................................................... 88 Table 15 Social Screening Checklist ................................................................................................................. 99 Table 16 Template for ESMP ............................................................................................................................ 99 Table 17 Air Quality Standards ........................................................................................................................ 102 Table 18 Limited Values of Soil contamination ............................................................................................... 103 Table 19 Wastewater Standards ..................................................................................................................... 103 Table 20 Limits for Atmospheric Emissions from Stationary Sources ............................................................. 105 Revised0Enviro0ning0Land00P1729920.docx iv Environmental and Social Management Framework Greening Land Executive Summary The current situation in Kosovo is one of relatively unmanaged contaminated sites with an initial inventorying of what are considered particularly significant sites (the hotspots) in 2011 and the Administrative Instruction No.11/2018 published by MOIE, therefore Kosovo is in a position to follow a well-established international approach – sustainable risk-based land management (SRBLM) to contaminated land management and prioritize its actions by phases. The proposed Greening Land Project aims to support the country in developing and implementing a long-term action plan for contaminated land remediation and redevelopment in Kosovo. The project will contribute to implementation of the existing laws and regulations for environment protection and climate change adaptation and mitigation by addressing the identified constraints. It will contribute to the improvement of contaminated land management to reduce associated health risks and realize economic, environmental and social values from land redevelopment, such as the creation of urban green spaces, commercial development, and renewable energy production. The project will provide support to the government in addressing the key constraints it has faced over the years in managing contaminated land. It will do so through: a) investments in select sites to demonstrate international good practices for contaminated land remediation and redevelopment and b) enabling activities at both the national and local levels for developing the necessary policy / regulatory and institutional framework, building capacity, addressing data / information gaps, and developing a long-term action plan for contaminated land remediation and redevelopment in the country. SRBLM will be the principal approach to be promoted through the proposed project. The project will contribute to Kosovo’s commitment to the process of EU accession and alignment of environment and climate change regulation with the EU acquis. It is expected that the project will be the starting point of a longer-term program for addressing land contamination legacy in Kosovo. Subsequent phases for scaling-up are anticipated either as additional financing or as a new project to be funded by the Bank or/and other partners. The proposed project consists of three components described below: • Component 1: Demonstration of Sustainable Risk-based Contaminated Land Remediation and Redevelopment (about US$ 17.1 million) - Sub-component 1.1 Remediation and redevelopment at the Kosovo Energetic Corporation Site located in greater Pristina area (about US$ 5 million) - Subcomponent 1.2 Preparation of remediation and redevelopment plans for other two or three sites (about US$ 1.1 million) - Sub-component 1.3 Remediation and redevelopment at one to two more sites (about US$ 11 million) • Component 2: Developing Policy and Institutional Capacity for Contaminated Land Management (about US$ 3.1 million) - Sub-component 2.1 National survey of suspected sites and an inventory of contaminated land in one or two selected municipalities. - Sub-component 2.2 Policy and institutional capacity building and awareness raising. - Sub-component 2.3 Sustainable financing options and National Action Plan for SRBLM. - Sub-component 2.4 Study on investment planning for industrial (hazardous and non-hazardous) waste management • Component 3: Project management, monitoring and evaluation (US$ 0.8 million) The main purposes of this ESMF are to: • Provide the legal requirements defined in the World Bank’s Environment and Social Framework (ESF) as well Kosovo legislation that the project activities will need to comply with it during their implementation; • Set out the general principles, rules, guidelines and procedures to assess the environmental and social risks and impacts associated to the site and activities for which detail information is not available; Revised0Enviro0ning0Land00P1729920.docx 5 Environmental and Social Management Framework Greening Land • Contain general measures and plans to reduce, mitigate and/or offset adverse risks and impacts, and information on the agency or agencies responsible for addressing project risks and impacts, including on its capacity to manage environmental and social risks and impacts; • Ensure all relevant environmental and social issues are mainstreamed into the design and implementation of the sub-projects • Provide guidance for preparation of various safeguard documents • Provide guidance for ensuring stakeholder engagement at various stages of sub-project implementation. The Environemntal and Social Management Framework (ESMF) has been structured as follows: • Chapter 1 provides a brief overview of the project background, provides a description & objective of the project, its various components, Scope & Purpose of the ESMF, approach & methodology of the project. • Chapter 2 outlines the relevant policies, legislative and regulatory framework for this project. • Chapter 3 gives the guidance of collecting the baseline conditions in the project influence areas. • Chapter 4 describes potential/expected environmental and social risks and impacts of the project • Chapter 5 describes typical mitigation measures for different sub-projects • Chapter 6 outlines institutional and monitoring arrangements for the project. • Chapter 7 includes stakeholder consultation and disclosure objective, methodology & tools for the stakeholder consultation. The proposed development objective is to demonstrate the sustainable risk-based approach to remediation and redevelopment at selected contaminated sites. Mitrovica Industrial Park Mirash Regional Waste Landfill Artana Mine Tailings Hani i Elezit Asbestos impacted area Figure 1 Location of indicative shortlist of demonstration sub-projects Site selection will be undertaken in consultation with the government during implementation and will follow a set of criteria, including: (i) relatively less extent of remediation complexity, in order to demonstrate success; Revised0Enviro0ning0Land00P1729920.docx 6 Environmental and Social Management Framework Greening Land (ii) potential of strong community engageInfluxment, and high potential of integrating remediation with economic and social benefits, such as public amenity and regeneration, water resource protection, renewable energy development, materials recovery, greener industry promotion, and capacity building and demonstrating results within the project period; and (iii) the possibility of financial contribution from (national or local) government or private sector associated with the site. The indicative shortlist of demonstration sub-projects grouped by potential future land use or redevelopment options under Sub-Component 1.2 is as follows: a) Development of parks and public spaces: (i) An asbestos impacted area in Hani i Elezit to create a linear park, linking to an existing development blueprint already prepared by the municipality and probably also involving improvement of an existing storage site (meeting European standards) to manage removed asbestos from old buildings and excavated contaminated soil if any during remediation. (ii) Mitrovicë Industrial Park to establish a “Peace Park� across the different communities of Mitrovic ë. A master plan integrating remediation and redevelopment could also support fund-raising and building partnerships for the “Peace Park� regeneration and serve as the technical basis for effective cleanup under the next phase of contaminated land management. b) Provision of clean water resources: (iii) the Artana mine Tailings site – polluting the water ends up in the area of the future Kramenata dam reservoir that is to be supported by the World Bank’s FLOWS project and promoting sustainable mining to prevent further pollution (iv) Piloting integrated greener industry and repurposing of historic flotation waste tailings as a basis for replication in the next phase across various Trepça sites and facilities. c) Integrated municipal solid waste management (v) Remediation of the Mirash Regional Waste Landfill in Obiliq It is commonly thought that remediation can only result in an environmental improvement. However, while the remediation of contaminated land and the associated water environment is carried out with improvement in mind, the remedial activity itself has the potential to adversely affect human health or the environment. The potential risks are as follows but not limited to: The following impacts on the physical and biological environment can be expected: • Noise pollution and disturbance. This can be caused by operation of vehicles, machineries and equipment. For example, demolition works and excavation can generate excessive noise that can cause disturbance to people and the fauna near the project interventions. • Air Pollution. This impact can be caused by dust or gaseous emissions. Dust caused by vehicle movement and land clearing can impact on fauna and flora. Gaseous emissions from construction vehicles and motorized equipment can also temporarily impact local air quality. Excavation of contaminated soils (with COC) and removal of waste products can impact air quality near excavation site and increase levels of contaminant exposure. • Soils impact. With need to construct new landfill(s) if designed and managed improperly can cause soil pollution. Also, improper storage, handling, spillage or leakage of fuels, chemicals and waste at construction sites can cause soil pollution. • Vibration impacts can occur during demolition, excavation and heavy vehicle movement. Vibration can disturb the local sensitive fauna living near the construction sites or nearby forest areas. • Surface water impacts can occur due to works and alteration in terrain. For example, unintentional runoff from site can cause pollution to water bodies and harm aquatic flora and fauna. Also, project interventions can alter the natural drainage pattern (e.g. construction of bridges and culvers). Runoff from sites where waste materials have been disposed improperly can cause water pollution. • Groundwater impacts can occur due to various project activities. For example, percolation from waste disposal sites can cause pollution of aquifers. Also spills and leakage of fuels, chemicals and oils at the construction site facilities can cause groundwater pollution. Revised0Enviro0ning0Land00P1729920.docx 7 Environmental and Social Management Framework Greening Land • Flora (vegetation) impacts can occur through clearing of vegetation, cutting of trees, etc. • Fauna (animals) impacts can occur through habitat loss – temporary or permanent loss of habitat due to land clearing/conversion and/or tree felling. Disturbance of riparian and aquatic ecosystem can occur during bridge/culvert construction. The following impacts on the labor and community can be expected: • Unsafe working conditions may cause health risks to site workers. • Lack of or improper use of PPE may expose site workers to health risks during site activities, such as demolitions of old flotation plant. • Heavy vehicle movements can cause traffic to the project influenced areas and female and school going children may feel unsafe. • Without proper signage and fencing, the public may enter construction site risking injury or death caused by various construction activities and heavy vehicular movement. • High sound levels can cause hearing injury to site workers and excessive sounds can disturb community within project influence area • Unintended tailings material slides during excavation/grading works causing temporary river flow blockage and then mud floods. Potential impacts on workers’ and community health and safety during operation stage include: • Improper operation and maintenance of Acid Mine Water Treatment Plant and associated treatment plant sludge disposal site can impact the river and health of communities downstream. • Other Impact may require land acquisition. Project may also include temporary or definitive closure of business. • Sites may include moderate and intensive transport of materials and people on a distance over 1 km, on public roads, near and through settlements or socially important locations such as schools, religious objects, recreational locations, hospitals, etc. Potential risks must be controlled, to ensure that remediation will result in an environmental improvement. This is normally achieved through the implementation of an appropriately designed remediation scheme and the application of legislative control, over and above that which sets the remediation objectives. This is the reason why Analysis of Alternative is necessary. The analysis of alternatives of the Remediation and Redevelopment plan for the contaminated site, should be carried out on a level of applied remediation strategies, rather than a technology level. Based on this, for the indicative shortlist of demonstration sub-projects the ESIA studies will be analyzed the following alternatives in the following way: • Step 1: Site Description • Step 2: Types of Alternatives (a) Zero alternative or ‘to do nothing’ alternative (b) Alternatives for remediation and redevelopment of the contaminated land with respect to (i) proposed activities and (ii) proposed technologies • Step 3: Assessment of Alternatives • Step 4: Recommended Action The proposed studies related to this project and ESMF are as follows: • Feasibility Study for Remediation Plan of contaminated site, including Site Investigation, Detailed design of new remediation and rehabilitation • Detailed Design of Rehabilitation • Environmental and Social Impact Assessment (ESIA) • Environmental and Social Management Plan (ESMP) • Resettlement Policy Framework (RPF) and Resettlement Action Plan (RAP) • Monitoring Activities (ESMP Implementation) The cost involved for developing remediation plan, design, ESIA studies and ESMP preparation approximately 1000k for each site. The ESMF depicts the guideline on environmental screening, potential impacts and mitigation measures, training plan and reporting requirement. It is expected that detailed Revised0Enviro0ning0Land00P1729920.docx 8 Environmental and Social Management Framework Greening Land environmental and social assessments for project sites where will be implemented specific project activities will be carried out (in accordance with this Framework) and reviewed and cleared by the World Bank, MoIE or relevant municipalities, i.e. Department for EIA, as well as other relevant institutions. Being the implementing agency, MoIE PMU is responsible for ensuring the ESSs compliance of the project. The PMU will have full time Environmental and Social Safeguard specialist who will be responsible for the safeguard compliance and capacity building. 1 Introduction 1.1 Background The current situation in Kosovo is one of relatively unmanaged contaminated sites with an initial inventorying of what are considered particularly significant sites (the hotspots) in 2011 and the Administrative Instruction No.11/2018 published by MOIE, therefore Kosovo is in a position to follow a well-established international approach – sustainable risk-based land management (SRBLM) (see the Section IV A technical appraisal summary) to contaminated land management and prioritize its actions by phases. International partners and donors have been active in supporting projects for remediation and re-cultivation of contaminated sites in Kosovo. Donors involved include the European Commission, the Netherlands, the Czech Republic, Sweden, Denmark, the World Bank, and the United Nations Development Program. The projects include: • World Bank support on the clean-up and stabilization of an ash dump near two power plants and removal of toxic chemicals from an old gasification plant. • Government of the Netherlands support for partial restoration of wasteland in Zhitkovc; solid waste management in PIM; chemical safety in PIM; safety of walls around tanks of sulphur acid in PIM; and liquid waste treatment in PIM. • Swedish Government support for cleaning the Kishnica riverbed; transfer of soils for coverage; and reprofiling of Kishnica tailing. • European Commission support for the restauration of landfill in Zhitkovc and closure of illegal dumpsites. A few remediation projects have been supported by Kosovo government (e.g., the treatment of asbestos waste in Hani i Elezit, and cleaning of waste dump sites). The funds for these projects are provided through direct support to municipalities rather than via a special fund for remediation of land contamination. There are examples of remediation for privatized sites being paid by the operator. For example, Sharrcem (a factory for cement production) has dealt with previous pollution and introduced an environment management system. There are also cases where the future operator of a site being sold during privatization was not informed of potential land contamination or hazardous waste problems (e.g., hazardous chemicals stored in a former car parts factory in Peja). The proposed Greening Land Project aims to support the country in developing and implementing a long-term action plan for contaminated land remediation and redevelopment in Kosovo. The project will contribute to implementation of the existing laws and regulations for environment protection and climate change adaptation and mitigation by addressing the identified constraints. It will contribute to the improvement of contaminated land management to reduce associated health risks and realize economic, environmental and social values from land redevelopment, such as the creation of urban green spaces, commercial development, and renewable energy production. 1.2 Project Development Objectives The proposed development objective is to demonstrate the sustainable risk-based approach to remediation and redevelopment at selected contaminated sites. The project will provide support to the government in addressing the key constraints it has faced over the years in managing contaminated land. It will do so through: a) investments in select sites to demonstrate international good practices for contaminated land remediation and redevelopment and b) enabling activities at both the national and local levels for developing the necessary policy / regulatory and institutional framework, building capacity , addressing data / information gaps, and developing a long-term action plan for contaminated land Revised0Enviro0ning0Land00P1729920.docx 9 Environmental and Social Management Framework Greening Land remediation and redevelopment in the country. SRBLM will be the principal approach to be promoted through the proposed project. The project will contribute to Kosovo’s commitment to the process of EU accession and alignment of environment and climate change regulation with the EU acquis. It is expected that the project will be the starting point of a longer-term program for addressing land contamination legacy in Kosovo. Subsequent phases for scaling-up are anticipated either as additional financing or as a new project to be funded by the Bank or/and other partners. 1.3 Project Components The proposed project consists of three components described below. Component 1: Demonstration of Sustainable Risk-based Contaminated Land Remediation and Redevelopment (about US$ 17.1 million) This component aims to demonstrate how contaminated land can be remediated and redeveloped in line with international good practices at 2 to 3 selected sites. To maximize sustainability, remediation and redevelopment options should be considered in an integrated manner early in the planning process, enabling best management practices of SRBLM to be implemented in the entire process. Early consideration of green and sustainable remediation opportunities and transparent mechanisms offers the greatest flexibility and likelihood for related practices to be incorporated throughout site investigation, remediation, and redevelopment. The regulatory initiatives on contaminated site management through Component 2 are envisaged to actively support site remediation and redevelopment that results in beneficial reuse such as commercial operations, industrial facilities, housing, greenspace, and renewable energy development. One site has been confirmed for remediation and redevelopment operations during project preparation. The other sites are to be confirmed during project implementation. All activities within this component will consider site-specific climate change context as well as Kosovo’s priorities in mitigation and adaptation. International experience shows that climate change will affect remediation actions, and remediation techniques can be affected by climate change 1. Sub-component 1.1 Remediation and redevelopment at the Kosovo Energetic Corporation Site located in greater Pristina area (about US$ 5 million) This sub-component will support investments in remediation and redevelopment of the KEK site with close consultation and strong citizen engagement in Obliq and Fushë Kosova municipalities. The 100 ha of brownfield land adjacent to the reclaimed ash dumpsite (previously financed by the World Bank) in its northeast at Kosovo Energetic Corporation (KEK) has been identified as the first site. About 20 ha of this ash dump are planned for solar panels. It is expected that there are no human health risks associated with the overburden materials due to the chemical composition of the materials 2 and there is no large-scale groundwater contamination3 present underneath the overburden area or at the infilled mining area. The high clay content together with the limited compaction of the material makes the overburden area unsuitable for the installation of any heavy structures. For the infilled mining area there are no limitations to what can be constructed provided that the exact location of the mine galleries is clear. A concept for redevelopment has been made by collaboration among the Fushë Kosova and Obiliq municipalities and KEK, including zones for green area, parking places, road, game corners, sports areas (basketball court and playgrounds), small businesses (restaurants, handicrafts, bicycle rentals, etc. and conservation of watersheds. Taking into account the limitations for the overburden site as mentioned above and the redevelopment concept, the following remediation options have been considered: i) re-cultivation of the site without installation of topcover; ii) 1 For example, excessive precipitation can lead to greater mobilization and transport of contaminants and require the use of stronger protective barriers; extreme heat may render phyto-remediation techniques ineffective, and require the plantation of different species of plants. 2 Based on available information from Report Results of analysis for determining contamination and fertility of land of External Fold of Dragodan Idle Land, Instituti INKOS R-810-3, November 2018. Sample analysis will be available in late Feb. 2020. 3 Based on Soil and Water Sampling and Analysis Program Republic of Kosovo, Final Report, Geotest August 2014. Samples have been taken and the analysis result will be available in late Feb. 2020. Revised0Enviro0ning0Land00P1729920.docx 10 Environmental and Social Management Framework Greening Land installation of topcover; iii) phyto-containment (phyto-stabilization)4 and targeted actions, and iv) removal of the overburden site (maximum effort). Option iii) is considered the most appropriate technically and financially. The combined remediation and redevelopment plan are to repurpose the site as a future public park where only targeted actions are taken for the subsoil. The activities to be financed under this sub-component will include redistribution and repurposing of the 80 ha overburden area, revegetation of the area with selected plants, installation of top cover (about 15% of the area), installation of roads and hardened surfaces (about 5% of the area), nature pond treatment, groundwater monitoring, structure investigation and installation/removal of soil depots for the infilled mining area, dredging and removal of wastes in the area of two outlying dumpsites, redevelopment facilities, continued environmental monitoring, and park maintenance. Given that the site is linked to a coal-fired power plant, effort will be made to maximize the climate mitigation potential of the redevelopment through revegetation with plant species that have the highest carbon sequestration potential. Furthermore, there are existing plans to ensure that electricity used for the redevelopment area (such as for street lighting) will be sourced from the neighbouring solar park also being developed by KEK. Subcomponent 1.2 Preparation of remediation and redevelopment plans for other two or three sites (about US$ 1.1 million) This sub-component will support site investigation, risk assessment, preparation of remediation and redevelopment plans and associated Environmental and Social Impact Assessment (ESIAs) for the other two to three sites, and citizen engagement activities. Site selection will be undertaken in consultation with the national and sub-national governments and will follow a set of criteria, including: i) relatively less extent of remediation complexity and clear land ownership, in order to demonstrate success within the project period; ii) potential of strong government support and community engagement, and high potential of integrating remediation with economic and social benefits, such as public amenities and regeneration of degraded areas, , materials recovery, greener industry promotion, and capacity building; iii) contributing to climate adaptation and mitigation, such as protecting and developing water resources, development of green areas, and renewable energy development, and iv) the possibility of financial contribution from (national or local) government or private sector associated with the site. Site selection decision will be made jointly with the project counterparts (relevant ministries and agencies, site owners), and local governments, with inputs from community engagement and consultations. An indicative shortlist of potential participating sites has been identified and two or three sites will be confirmed during project implementation 5. The indicative shortlist of demonstration sub-projects grouped by potential future land use or redevelopment options is as follows: (a) Development of green parks and public spaces: (i) An asbestos impacted area in Hani I Elezit to create a linear park, linking to an existing development blueprint already prepared by the municipality and probably also involving improvement of an existing storage site (meeting European standards) to manage removed asbestos from old buildings and excavated contaminated soil if any during remediation. (ii) Mitrovicë Industrial Park to establish a “Peace Park� across the different communities of Mitrovic ë. A master plan integrating remediation and redevelopment could also support fund-raising and building partnerships for the “Peace Park� regeneration and serve as the technical basis for effective cleanup under the next phase of contaminated land management. (b) Provision of clean water resources: (i) the Artana mine tailings site – polluted water ends up in the Krivareka river which is used for drinking water and other economic use downstream. This is in the same general area where reservoir development is considered (within the Kike-Kremenata system) for support under the World Bank’s FLOWS program; and sustainable minin g will be promoted to prevent further pollution. (ii) Piloting integrated greener industry and repurposing of historic flotation waste tailings as a basis for replication in the next phase across various Trepça sites and facilities. (c) Integrated municipal solid waste management 4 Phytostabilization involves the establishment of a plant cover on the surface of the contaminated sites with the aim of reducing the mobility of contaminants within the vadose zone (extends from the surface to the regional groundwater table) through accumulation by roots or immobilization within the rhizosphere, thereby reducing off-site contamination. 5 Confirmation of the participating sites is less about locations, but more about SRBLM technical approaches for each subproject which can only be determined after a thorough site investigation and risk assessment is completed. Revised0Enviro0ning0Land00P1729920.docx 11 Environmental and Social Management Framework Greening Land (i) Remediation of the Mirash municipal waste landfill in Obiliq Sub-component 1.3 Remediation and redevelopment at one to two more sites (about US$ 11 million) This sub-component will support investments for remediation and redevelopment at the other one to two sites which will be prepared under the sub-component 1.2. As the cost for remediation and redevelopment can only be determined based on the site investigation, risk assessment, and the remediation and redevelopment plan, the scope and costs of remediation and redevelopment for the other one to two sites will be confirmed during project implementation. It is expected that the other sites will involve higher levels of contamination than the KEK site, and their remediation and redevelopment may be designed to be undertaken in phases. The first phase of remediation and redevelopment will be financed as appropriate under the project. Component 2: Developing Policy and Institutional Capacity for Contaminated Land Management (about US$ 3.1 million) This component aims to develop the policy and institutional capacity of the Government of Kosovo for SRBLM through a series of enabling technical assistance (TA) activities. According to lessons learnt from clean-up projects in other countries, the set-up of a comprehensive policy framework and institutional management system takes years. Therefore, this component will focus on low-hanging fruits in terms of the policy and institutional set up with prioritized activities including contaminated sites survey and inventory, key legal instruments and technical guidelines development (including improvement of the existing land registry/information system), training and awareness raising activities, national planning for contaminated land management and reduction of industrial waste to prevent new land contamination. A comprehensive policy and institutional framework is expected to be developed as part of the next phase project. This component will support the following sub-components: Sub-component 2.1 National survey of suspected sites and an inventory of contaminated land in one or two selected municipalities. This subcomponent aims to address data constraints for GoK to tackle contaminated land. It will support a national survey of the suspected contaminated sites in Kosovo. The purpose of the national survey through preliminary investigation 6 is to screen contaminated sites in the needs of further site investigation to evaluate their risk. The survey results will inform the development of the National Action Plan under sub-component 2.3. It is expected that the survey results will be publicly available in an appropriate manner. The subcomponent will also support an inventory (site investigation 7) of contaminated land in selected municipalities. The inventory may be carried out in parallel with the national survey of suspected sites, not necessarily waiting for its completion, as the inventory will largely depend on the needs of municipalities. Technical guidelines and training will be developed and provided at beginning of project implementation to guide the survey and inventory work. It is expected that these technical guidelines for contaminated land inventory will be updated and adopted by project closing and the inventory of contaminated land will be replicated at the national level under the next phase of the project. Sub-component 2.2 Policy and institutional capacity building and awareness raising. This sub- component is to ensure effective implementation of Component 1 of the project and a National Action Plan for contaminated land management in Kosovo (see the next sub-component) in future, which would require legal basis, technical guidelines and capable professionals with good knowledge on SRBLM. This subcomponent will support the following activities: (a) Developing key legal instruments and technical guidelines (TG) for SRBLM tailored to the country’s context. The legal instruments will be developed, focusing on clarity on the boundary between what is considered contaminated versus not contaminated, procedures for inventory to identify, prioritize and manage sites, a clear liability and cleanup responsibility regime, and requirements for land registry8 and 6 Preliminary investigation will collect readily available information about a site and its surrounding area (potential risk receptors) and determine whether a site poses little or no threat to human health and the environment or if it does pose a threat, whether the threat requires further investigation. 8 Since 2011, with the support of the World Bank and other development partners, the land and property sector in Kosovo has undergone a substantial transformation. Under the Kosovo Real Estate Cadaster and Registration Project (RECAP; supported by the WB and closed on June 30, 2018), the Kosovo Cadastre Agency (KCA) has made considerable progress in introducing a modernized land administration system, securing property rights, and improving the business environment. While achieving these results has taken some time due to the Revised0Enviro0ning0Land00P1729920.docx 12 Environmental and Social Management Framework Greening Land land use restrictions after risk-based remediation. It will also take into account the existing municipal land development planning process. The key technical guidelines will cover the entire remediation process: site investigation, risk assessment, remediation program design, remedial action, and remediation completion with verification. These TGs should also include requirements related to community involvement, approval procedures, enforcement, emergency response, climate risks, land registry, qualification of site-cleanup practitioners, and a wide variety of characterization, monitoring, and remediation technologies throughout the remediation process. The expected TG will set out the minimum quality MoIE/KEPA will permit. When drafting the legal instruments and the TGs, it could refer to existing documents from international standards bodies and agencies. The international regulator network www.commonforum.eu could provide support and peer to peer comment to the draft. This activity will coordinate closely with the ongoing Real Estate & Geospatial Infrastructure Project (P164555) on land registry, especially for land use restrictions. (b) Providing training programs on the following topics: technical basis for SRBLM, key stages of site management including site monitoring; brownfield management and land re-use, liability and financing mechanisms, good practices of public private partnership, international policy and regulatory approaches and good practice for recycling, re-use and waste management related to sites (especially mine tailing sites), and climate considerations in contaminated site management. Training materials will be developed for these trainings and tailored to different target audiences including government and municipality officials, contaminated land remediation practitioners, laboratory staff, and site owners. In addition, study visits to observe international good practices of SRBLM and establish partnerships with relevant agencies in developed countries will also be organized under this sub-component at the beginning of project implementation and throughout project implementation as needed. (c) Organizing public awareness and citizen engagement activities at the national and municipal levels according to the agreed annual work plans. Public awareness activities aim to increase the public’s knowledge on land pollution problems, generic information on site cleanups, and tips and skills for prevention of land pollution. Videos or posters will be made, or other formats of public awareness activities will be carried out. Citizen engagement activities aim to advocate and strengthen early and meaningful citizen participation and consultation during site-specific remediation and redevelopment. (d) Providing knowledge and training for key polluting industries (e.g. the mining industry) on prevention of land (and air/water) pollution to minimize future land contamination through sustainable mining including circular economy approaches. The sites of mining operations have much scope to adopt a circular approach to business, which also help make them climate resilient and reduce their carbon emission. Considering the environmental and social impact of their operations, mining companies need to take steps to minimize negative effects, share best practice and reduce waste. Sub-component 2.3 Sustainable financing options and National Action Plan for SRBLM. This subcomponent will support a study for different funding, taxation and liability mechanisms/options based on international experiences tailored to Kosovo to finance the cost of contaminated sites management in Kosovo over the long term. It will also support the Government of Kosovo in developing a National Action Plan for SRBLM in close consultation with relevant stakeholders to address land contamination in Kosovo beyond the project life, also for the purpose of sustaining outcomes of this project and informing subsequence phases interventions by international financial institutions. The action plan will discuss the following topics but not limit to: (a) contaminated land inventory (b) relevant policy framework (c) institutional responsibilities, (d) technical approaches to contaminated site management, (e) contamination prevention and minimization, (f) climate resilient remediation, and (g) sustainable financing options for implementation. It will coordinate closely with the ongoing Real Estate & Geospatial Infrastructure Project (P164555) so that the National Action Plan builds on an up to date land registry. Sub-component 2.4 Study on investment planning for industrial (hazardous and non-hazardous) waste management. As most industrial hazardous waste are pollution sources to land, water and air, it is important need to build legal and technical procedures for registration and IT system development. RECAP has laid the foundation for the next phase of investments and reforms that are planned under the ongoing Real Estate Cadastre and Geospatial Infrastructure Project (REGIP, P164555), which focus on improving public sector service delivery and strengthening private sector competitiveness through: (a) further cadastre reconstruction to improve the availability and accuracy of correct up-to-date cadastral information and thus enhance the security of tenure; (b) investments to advance ICT and geospatial infrastructure that improve availability, affordability, and transparency of public services in order to better serve citizens and businesses; (c) policy, legal, and institutional support ; and (d) capacity building initiatives to improve decision-making, particularly with the use of geospatial data. Revised0Enviro0ning0Land00P1729920.docx 13 Environmental and Social Management Framework Greening Land to reduce industrial hazardous waste, so that land and water contamination can be largely avoided in future, while the contaminated land legacy is being addressed. Sustainable management of industrial non-hazardous secondary materials is also important, as these secondary materials can be beneficially used instead. Some of the potential benefits associated with the use of secondary materials include reduced costs, preservation of natural resources, reduced air, water and soil pollution from extraction activities, reduced greenhouse gas emissions, and avoided use of landfill space. This sub-component will identify opportunities (including circular economy and industrial symbiosis opportunities) and financing options to reduce industrial hazardous waste and sustainable management of non-hazardous industrial waste in key industries (e.g. mining, other industries, construction and demolish waste). This work will build on the annual inventory of industrial hazardous waste produced by KEPA and ongoing efforts provided by EU and other donors. Technical assistance from South Korea will be explored for this sub-component. Revised0Enviro0ning0Land00P1729920.docx 14 Environmental and Social Management Framework Greening Land Component 3: Project management, monitoring and evaluation (US$ 0.8 million) This component will support operating costs associated with project management, including day-to-day project implementation, procurement and financial management, and environmental and social management functions to be carried out by an established Project Management Unit (PMU) in the Ministry of Infrastructure and Environment (MoIE, replacing MESP under the new Government structure), including coordination and collaboration among national and local government agencies, non-government organizations and the private sector (site owner, polluter or site redeveloper). This component will also support hiring of international and national technical experts with both contaminated land management knowledge and remediation engineering experience to provide technical support to the PMU on project implementation, monitoring & evaluation of the project outcome indicators and results by collecting 1.4 Objectives of the Environmental and Social Management Framework The project has prepared an Environmental and Social Impact Assessment (ESIA) for the Remediation and redevelopment at Kosovo Energetic Corporation Site under Sub-component 1.1. However, there are some planned activities under Sub-Component 1.2 for which sufficient information in not available to conduct a reasonable assessment of environmental and social impact at this stage. The focus of this Environmental and Social Management Framework (ESMF) is applicable to the Subprojects as mentioned in Sub-component 1.2. The ESMF will present relevant sample information for the Hani i Elezit and Artana as the “Potential Candidate Site�. The main purposes of this ESMF are to: • Provide the legal requirements defined in the World Bank’s Environment and Social Framework (ESF) as well Kosovo legislation that the project activities will need to comply with it during their implementation; • Set out the general principles, rules, guidelines and procedures to assess the environmental and social risks and impacts associated to the site and activities for which detail information is not available; • Contain general measures and plans to reduce, mitigate and/or offset adverse risks and impacts, and information on the agency or agencies responsible for addressing project risks and impacts, including on its capacity to manage environmental and social risks and impacts; • Ensure all relevant environmental and social issues are mainstreamed into the design and implementation of the sub-projects • Provide guidance for preparation of various safeguard documents • Provide guidance for ensuring stakeholder engagement at various stages of sub-project implementation. It is expected that detailed environmental and social assessments for project sites where will be implemented specific project activities will be carried out (in accordance with this Framework) and reviewed and cleared by the World Bank, MoIE or relevant municipalities, i.e. Department for EIA, as well as other relevant institutions. 1.5 ESMF Study Methodology The methodology followed in preparing the ESMF consists of the following steps: • Review of the Project details and meeting/discussions with various stakeholders including MES and World Bank • Review of the policy and regulatory requirements and gap identification • Reconnaissance field at sample candidate sites to determine the key environmental and social parameters and aspects that are likely to be impacted by the Project activities • Collection and analysis of baseline environmental and social data, with the help of secondary literature review, and field data collection • Consultations with the stakeholders including beneficiary/ affected communities and developing the consultation process • Reviewing the potential and likely impacts of the program activities and carrying out the screening of the sub-project in order to define the required safeguards instruments that need to be prepared • Outline the detailed procedures to be followed to comply with the WB and GoB rules and regulations including preparation of various safeguard documents, monitoring mechanism, stakeholder engagement, disclosure requirement, grievance redress and institutional arrangement. • Compile the ESMF document. Revised0Enviro0ning0Land00P1729920.docx 15 Environmental and Social Management Framework Greening Land 1.6 Content of the ESMF Report The Environemntal and Social Management Framework (ESMF) has been structured as follows: • Executive Summary giving an overview of the ESMF • Chapter 1 introduction provides a brief overview of the project background, provides a description & objective of the project, its various components, Scope & Purpose of the ESMF, approach & methodology of the project. • Chapter 2 outlines the relevant policies, legislative and regulatory framework for this project. • Chapter 3 gives the guidance of collecting the baseline conditions in the project influence areas. • Chapter 4 describes potential/expected environmental and social risks and impacts of the project • Chapter 5 describes typical mitigation measures for different sub-projects • Chapter 6 outlines institutional and monitoring arrangements for the project. • Chapter 7 includes stakeholder consultation and disclosure objective, methodology & tools for the stakeholder consultation. Revised0Enviro0ning0Land00P1729920.docx 16 Environmental and Social Management Framework Greening Land 2 Institutional, Legal, and Policy Framework The following section describes Kosovo’s institutional, legal, and policy framework related to contaminated site management, and related fields such as environment, mining, waste, water, health & safety, and social. The framework is relevant to risks and impacts of diverse Potential Candidate Sites. 2.1 Institutional Framework The main institutions involved with contaminated site management are: Ministry of Infrastructure and Environment (MOIE)9 and the Kosovo Environmental Protection Agency (KEPA). They have lead policy roles and responsibility for land contamination, planning, identification of contaminated sites, inventory preparation, and publication of environmental reports. They also issue licenses and permits for monitoring and inspection related to environment, waste and water. MOIE also hosts Kosovo Cadastral Agency, Institute for Spatial Planning, Regional River Basin Authority, Department of Environmental Protection, Department of Spatial Planning, Department of Housing and Construction, and Department for Environmental Inspection, Nature, Water, Construction and Spatial Planning. Local governments and municipalities. They have responsibility for identification of contaminated sites in their territory and the development of projects for their rehabilitation (including notes on location, spatial geometric characteristics, type of pollution, waste quantity, timelines for rehabilitation and other key factors for project implementation). Municipalities are also responsible for management of Municipal Sanitary Landfills, and issue of environmental permits, as defined in the Law. Ministry of Economy, Employment, Trade, Industry, Entrepreneurship and Strategic Investments (MEETIESI)10 and Geological Service of Kosovo (GSK). MEETIESI is responsible for extractive industry policy, and supervision of Publicly Owned Enterprises (POEs) such as Korporata Energjetike e Kosovës J.S.C. (KEK), Kosovo Landfill Management Company J.S.C. (KLMC), but also supervision of certain Social Owned Enterprises (SOEs), in particular Trepça J.S.C. Among other duties, the Geological Service is responsible for geological studies data, sampling, maps, research data, and maps and knowledge. Independent Commission for Mines and Minerals (ICMM). ICMM is responsible for the issuance, transfer, extension, suspension, and revocation of licenses and permits for exploration and mining; and for the establishment and maintenance of a mining cadaster and a GIS database containing geographical data, geological data, and other relevant economic data. The Privatization Agency of Kosovo (PAK). PAK is the trust agency and owner of the Social Owned Enterprises. Main land contamination operators are owned by KPA, e.g. Sharr-Sallonit former Asbestos-Cement plant. Hence many key institutions are also in place but their capacity to implement and enforce a contaminated sites regime at central and local levels needs to be strengthened. Other institutions that might be of relevance to Greening Land project include: • Office of Prime Minister (OPM), and Inter-ministerial Water Council (IMWC) • Ministry of Finance and Transfers (MFT) • Ministry of Agriculture, Forestry and Rural Development (MAFRD), and Kosovo Forestry Agency (KFA) • Ministry of Health (MH) • Ministry of Regional Development (MRD) • Ministry of Local Government Administration (MLGA) • Energy Regulatory Office (ERO) 9 Previously known as Ministry of Environment and Spatial Planning (MESP) 10 Previously known as Ministry of Economic Development (MED) Revised0Enviro0ning0Land00P1729920.docx 17 Environmental and Social Management Framework Greening Land 2.2 Legal Framework The national legislation relevant to the proposed project, the main objectives of the legislation (laws and sub laws) and their relevance with the proposed project activities are presented in the following table: Table 1 National environmental legal framework Law / Sub laws Key provisions and purpose Relevance to the Project Environmental Protection Law This law is the highest level environmental The Remediation plan proposes activities for (03/L-025-2009) legal document in Kosovo that regulates solving a problem caused by historical pollution prevention and reduction of pollution, in the project area. regulates environmental monitoring, and Besides benefits of implementation of activities sets out the principles of rational use of proposed in the Plan, envisaged activities in natural resources. This law harmonizes the scenarios in all phases of the economic development and social welfare implementation (construction, operation and with basic principles for environmental decommissioning phase) may cause adverse protection according to the concept of environmental and social impacts that should sustainable development. According to be assessed prior their implementation in this law, planned projects, including accordance with the Law No. 03/L-214 on changes in technology, reconstruction, Environmental Impact Assessment (EIA). and extension of facilities or interruption of operations, which may result in major environmental impact or which constitute risk to human health, require prior Environmental Impact Assessment (EIA). Law No. 03/L-214 on This law regulates the procedures for Kosovo does not have a specific strategy, plan, Environmental Impact Assessment identification, and screening of projects or special program for the treatment of land (EIA) subject to environmental impact contamination. Up until now this issue has • Administrative Instruction on assessment, and in addition, it describes been addressed through other strategies, information, public participation aspects, content, scope of assessment, plans, and programs, such as the Draft and interested parties in the reporting and administration procedures of Strategy for the Mining Sector, the Kosovo environmental impact environmental impact assessments of Environment Strategy (KES) 2005-2010, and assessment procedures proposed projects in order to provide all the Draft Strategy on Waste Management. (No.09/11) the relevant information regarding the Preparation of Remediation plan for the project environment, in order to enable and site (overburden area and infilled mining facilitate the decision making process. gallery) and envisaged activities in the Plan do The procedures for the EIA approval are not belong in the projects listed in Annex 1 and defined in Chapter III of the Law and Annex 2 of the Law for which EIA is mandatory includes the following phases: (1) or should be assessed be examined, case by screening; (2) scoping; (3) review of EIA case and in accordance with the criteria set out Report and (4) Public Consultation. in Annex III. On the basis of environmental impact Since the overburden came from the coal mine assessments, MoIE issues Environmental and the site represents historical pollution, an Consent required for every public or EIA will be conducted for the investment at the private project (listed in Annex I or Annex KEK site. II of this Law), that is likely to have As a result of the current condition of the significant effects on the environment by location, its nature and size, the possible virtue of, among other things, its nature, impacts and risks that may arise as a result of size or location. the implementation of proposed activities in all phase of the project, as well as fulfilment of the law obligation, the Applicant of the project (Government-KEK) before implementation of the project will prepare documentation for initiation EIA (Chapter III of the Law, Article 10 and 11) i.e. Environmental Screening Report (in accordance with the ANNEX 3 of the Law – Criteria for Screening) and submit it to the MoIE in order to notify them about implementation of the proposed project activities and to obtain recommendation about the further steps that should be taken for environmental assessments on the project site. Public consultation and public involvement will start after initiation of the EIA (submission of Application to start ESIA) as well as during the whole procedure for EIA. Law on Strategic Environmental The Law on Strategic Environmental Law stipulates that SEIA shall be developed for Impact Assessment (03/L-230) Impact Assessment (SEIA) aims to align plans or programs that have a possibility to plans and programs developed for have a significant environmental impact. SEIA protection of the environment and health provides a framework for further project of people. This Law stipulates developments which are subject to development of an integrated approach in environmental impact assessment in preparation of endeavors for environment concordance with the Law on EIA. SEIAs are Revised0Enviro0ning0Land00P1729920.docx 18 Environmental and Social Management Framework Greening Land Law / Sub laws Key provisions and purpose Relevance to the Project protection towards a sustainable primarily developed by municipal authorities, as development. a mean to provide a framework for potential environmental impacts that development projects may entail. This law provides almost no details about requirements on social impacts, as part of the requirements to develop an environmental impact assessment document. The Law, article 15.2, calls for the Ministry to develop further instructions about the compilation and assessment of environmental impact assessment reports. These administrative instructions have not yet been produced. • Administrative Instruction No. This instruction regulates procedures and If MOIE decided that for the proposed project it 10/2012 for the Release of issuance, validity and other aspects of is not required to conduct an EIA, after Municipal Environmental Permit municipal level environmental submission of the Environmental Screening (MEP) assessment. MEP Report is requested on Report in that case an applicant should prepare the basis of EIA Law Annex II screening, EIA Report and submits it to a municipality as Annex III criteria and MIE decision. It has part of the Municipal Environmental Permit a much narrower scope than the EIA, is request. limited to 10 pages and can be prepared by a natural person. Law on Air Protection from The purpose of this Law is to regulate and Remediation plan scenarios includes measures Pollution (No. 2010/03-L-160) guarantee the rights of citizens to live in a that will cause improvement on the air quality in In line with the Law a set of healthy and clean air environment, whilst the project area in the operational phase. administrative instruction has been protecting human health, fauna, flora and Beside this, the remediation activities also will issued as: natural and cultural values of the be source of air pollution, especially in the • Administrative instruction (GRK) environment. construction phase, as a result of use of - No. 21/2013 for arsenic, The basic environmental indicators of air mechanization and transport activities, cadmium, mercury, nickel and quality and the air pollution sources as proposed remediation techniques, etc. polycyclic aromatic well as specific obligations of pollution For that purpose during implementation of the hydrocarbons in air; sources operators are defined. activities the law obligation should be • Administrative instruction No. In Administrative instruction No.02/2011 respected. 15/2010 on criteria for defining and Administrative instruction GRK of air quality monitoring points, No.21/2013 the values for the number and frequency of concentration of Sulphur dioxide (SO2), measurements, classification of nitrogen dioxide (NO2), benzene, carbon pollutants which are monitored, monoxide, lead, PM10, PM2.5 in the air, the methodology of work, form target values for the concentration of and timing of data reporting. arsenic, cadmium, nickel and • Administrative instruction No. benzo(a)pyrene, alert thresholds of the 02/2011 on air quality SO2, NO2, ozone and PM10 and critical assessment; levels of SO2 and NOx for protection of • Administrative Instruction 2007, vegetation are defined. on the rules and standards of the discharges on air by the stationary sources of pollution etc. Revised0Enviro0ning0Land00P1729920.docx 19 Environmental and Social Management Framework Greening Land Law / Sub laws Key provisions and purpose Relevance to the Project Law No. 04/L-147 On the Waters of The purpose of this Law is: to provide The main purpose of the Remediation plan is Kosovo, or the Water Law sustainable development and utilization of protection and improvement of the water water resources that are necessary for quality. Within the project site and its In line with the Law a set of public health, environmental protection surroundings surface and ground water administrative instruction has been and social- economic development of the resources and infrastructure are identified. issued as: Republic of Kosovo, to establish Implementation of the remediation activities • Administrative instruction (AI) procedures and guiding principles for the may affect water resources, especially in the No.03 /2018 “on Procedures for optimal distribution of water resources, construction phase as a result of construction Water Permit�; based on the use and purpose, to ensure activities, use of water for technical purpose, • AI No. 15/2017 “on Criteria for protection of water resources from generation of waste water (technical and Determining the Sanitary pollution, overuse and misuse and sanitary), performance of activities in the ponds Protection Zones for Water determine the institutional structures for presented on site, possible impacts on ground Resources�; managing the water resource. water, etc. • AI No. 16 /2017 “on the Classification of Surface Water By this Law are regulated all issues Before implementation of the remediation Bodies�; related to: surface waters, lakes, storage, activities obtaining permits defined in the Law • AI No. 17 /2017 “on the reservoirs, natural resources, underground and regulation should be provided and Classification of Ground Water waters, wet lands, lands near the shores implement measures for water protection. Bodies�; of the rivers, issues related to their During implementation of the activities the law • AI No. 19/2015 “for Protection management, use and water distribution, obligation should be respected. from Harmful Water Actions�; protection and preservation of water, • AI No. 30/2014 “on Limit Values protection from harmful actions of water, of Effluents Discharged into including submergence, floods, droughts, Water Bodies and in Public erosion; water facilities and infrastructure, Sewage Network� approved by water financing and also conditions, the Government of Kosovo methods and activities by which there can (GoK); be used or released the waters. • AI No. 16/2012 “on the Quality of In the Water Law and regulation, the Water Intended for Human permits for water use and water Consumption� etc. management are defined. Law on Noise Protection No. 02/L- The purpose of the Law is to avoid, Remediation activities will be source of noise, 102 prevent or reduce the harmful effects especially in the construction phase as a result • Administrative instruction - No. (including annoyance due to exposure to of use of mechanization and transport 08/2009 on allowed values of noise) of noise on the environment. This activities, proposed remediation techniques etc. noise emissions from pollution law provides a basis for developing During implementation of the activities the law sources. measures to reduce the noise emitted by obligation should be respected. road and rail traffic, aircrafts, outdoor and industrial equipment, mobile machinery and other major sources of environmental noise pollution and annoyance. Revised0Enviro0ning0Land00P1729920.docx 20 Environmental and Social Management Framework Greening Land Law / Sub laws Key provisions and purpose Relevance to the Project Law on Waste No. 04/L-060 (2012) The aim of this Law is: avoiding and The Remediation plan will be implemented on reducing waste generation; re-use of the area where mining activities were In line with the Law a set of useful components from waste; performed and need proper remediation of the administrative instruction has been sustainable development through the used land. As a result of the implementation of issued as: protection and preservation of natural the remediation activities different types of • Administrative instruction MOIE resources; preventing negative impacts of wastes (hazardous and non-hazardous) are No.21/2014 for waste waste on the environment and human expected in all phase of the project. During management from the extractive health; final disposal of waste in implementation of the activities the law industry and mining, environmentally acceptable ways. obligation should be respected. • Administrative Instruction No. Law on waste regulates waste 22/2015 on the Management of management, plans for environmental Waste Containing Asbestos, management, rights and obligations of • Administrative Instruction No. licensed persons who deal with waste 05/2013 on the Management of management, manner and conditions of Used and Waste Oils, waste collection, transport, treatment, • Administrative instruction for processing, storage and final disposal, waste management by packing import, export and waste transit, and wrappings (Act.No MMPH- monitoring, information system and 27/2014) financing. Hazardous waste is also • Administrative Instruction managed according to the provisions of No.51/2017 for a list of the Law on Waste: MOIE is mandated to hazardous waste according to manage hazardous waste, in cooperation the origin, with the respective Ministry. • Administrative instruction Local governments (municipalities) are No.16/2013 on the limit values responsible for selecting and licensing for concentrations of hazardous (through the application of procurement components in waste, procedures) of persons for collection, • Administrative instruction of gathering, storage and transportation of waste storage management solid waste, municipal, voluminous waste, (Act.No. QRK-08/2017-UA), waste from construction and demolition of buildings within their territory. • Administrative Instruction on Administrative instruction MOIE waste management of electrical No.21/2014 determine measures, and electronic equipment and procedures and guidelines to prevent or restrictions on use of hazardous reduce negative effects on the in electrical and electronic environment and anything that endangers equipment (Act No. MMPH- the human health that comes as a result of 25/2014) etc. waste management and mineral extraction industry. Law No.05/l-044 on the The purpose of the law is to define the Part of the remediation activities will be environmentally endangered zone municipality and its surroundings as a implemented in the Municipality of Obiliq. of Obiliq and its surroundings zone of particular environmental risk and During implementation of the project undertake the measures to reduce the appropriate mitigation measures should be negative impact from the sources of implemented in order the possible negative pollution. impact to be avoided or reduced. Law on Chemicals No. 04/L-197 This Law generally defines requirements During remediation activities some chemicals • AI No. 17/2014 on Classification, for integrated management, safe storing, might be used. Also there is a risk during Labelling and Packing of permitting circulation of chemicals, use of construction activities that stockpiles of Hazardous Chemicals, Material Safety Data Sheet, labelling, chemicals, especially in the infilled mining area, • AI No. 23/2015 for Export, packaging, storing, etc. are encountered. During implementation of the Import and Transit of Certain activities the law obligation should be Hazardous Chemicals, respected. • AI No. 18 /2017 on the Material Safety Data Sheet for Chemicals and Its Mandatory Content. • Law on Nature Protection No. This Law regulates establishment and In the Project area important or sensitive 2010/03-L-233 management of protected areas. The Law species of fauna or flora and habitats have not • Administrative instruction No. relies on principles of collaboration, been identified. Remediation plan will 12/2011 - for the sources of sustainability, integration, polluter-pays, contribute for improvement of the biodiversity in natural habitat types, natural education and schooling, responsibility, the project area (entire area will be cultivated habitat map, threatened and rare and effective management for nature with trees and shrubs as a phyto-containment natural habitat types, as well as conservation. of the contaminated soil). As a result of this the safeguard measures for law obligation should be taken into conservation of natural habitat consideration. Possible adverse impact on the types; biodiversity in all phase of the projects and • Administrative instruction mitigation measures are part of the ESIA. No.18/2012 for proclamation of wild species protected and strictly protected; • Administrative Instruction on the Content and Manner of Preserving Nature Protected Revised0Enviro0ning0Land00P1729920.docx 21 Environmental and Social Management Framework Greening Land Law / Sub laws Key provisions and purpose Relevance to the Project Values No. 07/2012 (18.06.2012); • Administrative Instruction on Wildlife Crossings No.16/2012 (01.08.2012) etc. Law on Forests 2003/03 Kosovo Law on Forest regulates The Remediation plan include scenarios the • Administrative Instruction No.23/ procedures of wood harvesting and wood entire area should be cultivated with trees and 2005 – About the issue of transport, including rules for issuing shrubs as a phyto-containment of the professional licenses 2005; licenses to harvest, marking of trees to be contaminated soil. As a result of this the law • Administrative Directive No.02/ cut, procedures for sales of wood and obligation should be taken into consideration. 2005 – On responsibilities and restrictions in moving and transporting of tasks of the foresters, 2005 etc. wood products. Logging of firewood or technical wood, wood transport, afforestation, reforestation, wood processing and other forest operation activities can be carried out by registered private forest and wood processing companies and, other groups or individuals. • Administrative instruction of The purpose of this Administrative The purposed of the Remediation plan is to GRK No. 11/2018 on limited Instruction is to define norms of emissions protect the soil within the project area identified values of emissions of polluted and quality of soil respectively emissions as historical polluted land as a result of the materials into soil limit values of polluted materials into soil. mining activities. On the basis on the soil The owner or user of the land or property contaminants investigation in the Plan the is obliged to take care of the soil and not remediation scenarios are proposed. During damage the soil in their own and preparation of the Plan and implementation of neighboring land, or property, and shall the proposed activities the recommendation take all necessary measures in given in this Administrative instruction should accordance with these legal regulations be respected. and strategic documents on prevention of soil degradation. Based upon the list of contaminated sites the owner or the user of the land is obliged for the remediation of contaminated sites. In the Law in Annex No.1 –Limited Values of soil contamination are presented. • Resettlement Policy Framework RPF was produced by the Government of RPR is only applicable to the New Mining Field, (RPF) for the New Mining Field Kosovo and promulgated by the Kosovo representing an area identified for lignite mining (2011) Assembly in October 2011, however it activities in the vicinity of the existing power does not have the force of law. plants. The RPF highlights the need to minimize land acquisition and the resettlement of the population. It further demands restoration, if improvement is not possible, of the livelihoods of the affected population when resettlement or loss of economic asset or other subsidence means is inevitable. The RPF recognizes different forms of losses incurred by the affected population, including loss of land, loss of housing, loss of businesses, loss of employment, loss of services and erosion of cultural heritage (i.e. loss of traditions, rituals due to urbanization of area). The Framework establishes a protocol on how to determine what rights are to be recognized, in an attempt to limit speculation. • Administrative Instruction This administrative instruction determines This AI aspires to contribute to public 16/2015 on Information, Public procedures for information and public awareness about environmental issues and Participation and Interested participation on environmental impact protection of the right to live in an adequate Parties in the Proceedings of assessment. It further enables the public environment that ensures health and wellbeing. Environmental Impact to participate in the decision-making However, it does not extend mandate Assessment process, by submitting opinions and meaningful and inclusive consultative process, concerns related to prepared EIA’s. which is in line with international standard requirements for public consultations in development or investment projects. • Guidelines for Strategic With the support of UNDP and Austrian Guidelines call for open and transparent Environmental Assessment, Development Cooperation, in 2014, a stakeholder engagement, as well as public published by UNDP and series of five booklets/guidelines have consultations. It is unclear to what extend are Austrian Development been produced. These guidelines provide these guidelines implemented or utilized by Cooperation information how to carry out a Strategic stakeholders who are involved in compilation, Environmental Assessment. First booklet review, implementation and M&E activities of in the series, Handbook on how to carry SEA plans and programs. out a SEA, calls to include a stakeholder Revised0Enviro0ning0Land00P1729920.docx 22 Environmental and Social Management Framework Greening Land Law / Sub laws Key provisions and purpose Relevance to the Project engagement expert as part of the SEA team. Law on Labor (03/L-212) This law regulates the rights and Law stipulates terms and criteria to establish responsibilities of parties that have employment relationship. Law also provides for established formal employment the optimum requirements of the working arrangement. Law on labor regulates arrangement, including working hours, and employment both in the private and public remuneration schedule and other employment sector. Law bans all forms of benefits. Termination of contracts and discrimination, and any form of forced or grievance mechanisms are also regulated by compulsory work. this law. Law gives way for the social dialogue, which is further elaborated in the Collective Contract. Legal framework regarding working conditions is further regulated by a set of administrative instructions (AI), which prohibit or provide minimum requirements for working arrangements of minors (such as AI no. 05/2013 and AI no. 17/2008), regulation that defines working arrangement framework, including grievance mechanisms and disciplinary procedures (regulation no. 01/2018), maternity leave and remuneration during maternity leave (AI no. 01/2018, AI no. 07/2014, AI no. 05/2011), establishing minimum wage (AI no. 09/2017), and so on. Collective contract Collective Contract is a sub-legal act, that Collective Contract provides additional details derives from the Law on Labor, and is regarding employees’ benefits, deriving from compiled with the intention to provide years of employment and retirement financial more detailed guidelines and instructions package. about the rights and responsibilities of parties that have established employment contract. Law on Safety and Health at Work This law stipulates ensuring conditions in Law describes responsibilities of parties (04/L-161) the working environments with the included in the working arrangement, as well as intention to prevent work-related injuries, ensures additional measures of protection in occupational safety and health and working environments for youth, women and protection measures in the work people with disabilities. environment. Work environment is Considering of health and safety issues, the considered as any environment where Law sets measures for improving the level of work is performed. Law mandates Kosovo safety and health of employees at work. This Government to form a Counsel for safety Law contains general principles for prevention at work and protection of workers’ of occupational hazards, elimination of wellbeing and working environments hazardous and accidents factors, information, consultation, balanced participation in improving the level of safety and health at work, treatment of employees, their representatives and general guidelines for implementing such principles. Consultation and Disclosure The GoK follows series of clearance The law is not explicitly talking about the social procedure before the disclosure of the impact assessment. The entire document may EIAs and only important parts are or may not be disclosed and the ESIA may or disclosed. may incorporate all level stakeholder concern in the design. Revised0Enviro0ning0Land00P1729920.docx 23 Environmental and Social Management Framework Greening Land 2.3 EIA process according to Kosovo Law According to the Law No.03/L-214 on Environmental Impact Assessment, the EIA procedure includes the following phases: 1. Selection/Application 2. Scoping Notification 3. Preparation of Scoping Reports 4. Preparation and Delivering of the EIA 5. Issuing of the draft decision for EIA 6. Organization of the Public Debate and approval of the Public Consultation Plan 7. Implementation of the Public Debate 8. Review of the EIA to consider the remarks of the Public Debate and issuing of the Environmental Consent The following paragraphs describe the processes and procedures to be adopted for the approval of EIA. Preparation and delivering of the application : The Applicant shall prepare an Application to start the EIA together with follow-up information and documentation to be delivered to the MOIE (Article 11 of the Law). The required information/documents to be included in such Application are: 1. name, address, legal status of the applicant and the name of the project; 2. documents determined by the MOIE, according to the type and nature of the projects or activities; 3. a completed questionnaire, determined by the same MOIE, covering a description of the proposed project, a description of the location, and a description of the potential impacts of the proposed project on the environment. Check of the application: The MOIE shall check the information, documentation and questionnaire included in the application (Article 12) and determine, within 10 days from the date of its delivering, if it is completed as per legal requirements and on the base of the criteria defined in Annex III to the EIA Law, and if it needs an EIA ministerial approval (or if a simple Municipal Environmental Consent is sufficient). If the documentation accompanying the application is incomplete, the MOIE shall request from the applicant additional information and documentation and shall designate the date by which it must be delivered (no specific terms have been indicated by the Law). If the applicant does not submit the additional information and documentation by the designated date, the MOIE shall reject the application. If the applicant does not agree with the decision taken by the MOIE, he has the right to appeal within the term of 8 days, from the day he receives the MOIE’s decision. The appeal shall be performed by the same MOIE. Check of the kind of required environmental consent : the obligations for the MOIE authorization (environmental consent) are defined by the Article 7 of the Law No. 03/L-214 “on Environmental Impact Assessment�. This article prescribes that all project listed in Annex I of the Law “ on Environmental Impact Assessment� are obliged to undergo an EIA, while an environmental consent is required for every public or private project listed in Annex I or Annex II of the same Law, which is likely to have significant effects on the environment by virtue, inter alia, of its nature, size or location. The MOIE shall also check if the EIA report is not required in compliance with the list specified in Annex 1 (Article 12). In the case the MOIE should confirm that the EIA is not required, it could transmit the corresponding application to the affected Municipality in order to initiate the procedure for issuing an Environmental Municipal Permit. Issuing a scoping notification: If the Application is accepted, MOIE issues a Scoping Notification to the Applicant (Article 13) within 30 days of receipt of a request from the same Applicant for an Environmental Scoping Report [ESP] including the request for: (1) description of possible alternatives; (2) description of significant impacts; (3) reasons for identifying these impacts; (4) description of protection measures. The issue of a scoping notification shall not prevent the MOIE from requiring additional information at a later date. Preparation and delivering of scoping report: The Applicant shall present this information to the MOIE in a brief Scoping Report (Article 14), not exceeding 3 pages in length, which shall be included in the EIA report being also considered as its executive summary. Revised0Enviro0ning0Land00P1729920.docx 24 Environmental and Social Management Framework Greening Land Preparation and delivering of the Application to MOIE (including Name, MOIE determination if the application is Municipality issuing of the Environmental Address, Legal Status of Applicant, required complete as per legal requirements Permit Documents, fulfilled Questionnaire. NO 10 days Instruction of the further information NO Is the application complete? NO MOIE rejection of the Application required by MOIE YES Preparation of Environmental Scoping Report (max 3 Is the EIA Report needed? Eventual appeal of the Applicant pages) to be included as Non-technical Summary in the EIA YES Preparation of 5 copies (1 electronic) of the EIA signed by a licenced expert including: (1) MOIE Scoping Notification for an project description; (2) outline of Environmental Scoping Report [ESP] alternatives; (3) description of affected including the request for: (1) description of environmental aspects; (4) description of possible alternatives; (2) description of environmental impacts; (5) description of significant impacts; (3) reasons for CO2 effects; (6) description of mitigation identifying these impacts; (4) description of measures; (7) non technical summary; (8) protection measures description of technical difficulties. This EIA must be accompanied by a receipt of payment of the requested fee MOIE delivering of 3 hard copies and 1 electronic copy of EIA to the competent units for review 5 days Eventual MOIE consultation with the applicants and key stakeholders MOIE review in accordance with: (1) adequacy of project description including alternatives; (2) adequacy of identification Eventual KEPA consultation to receive and evaluation of environmental impacts; (3) technical information related to the project adequacy of mitigation measures; (4) adequacy of proposed monitoring schemes; (5) other criteria Eventual consultation of External Experts, Commissions, WGs MOIE draft decision of issuing Organization of Public Debate by the Applicant following: (1) the preparation of a YES Plan for Public Debate; (2) the information of Eventual appeal of the Applicant NO Is the EIA approved? the public through media Collection of the opinions and remarks from MOIE review of remarks the public after the public debate NGO and public complaints to the competent Court Preparation of the required changes in accordance to the review of MOIE that Are other changes needed? NO considered the remarks and opinions of the Public Consultation Preparation of the proposal-decision for Environmental Consent from the MOIE responsible EIA unit Are the changes approved? YES Is the proposal approved? NO NO YES MOIE suspension of Review Process and EIA MOIE granting of Decision for rejection Environmental Consent Information of the public about the MOIE preparation of local advertisement and Environmental Consent through a statement of a statement containing: (1) the content of published through local advertisement the decision and eventual related conditions; (2) basic reasons and consideration for the decision and eventual information for public participation; (3) description of mitigation Eventual information of Environmental measures to reduce the impacts; (4) legal Consent to affected foreign Countries advises for eventual appeals to the decision Figure 2 EIA process according to Kosovo Law on EIA Revised0Enviro0ning0Land00P1729920.docx 25 Environmental and Social Management Framework Greening Land Preparation and delivering of the EIA: In addition to the Scoping Report the Applicant shall present to MOIE the EIA with the contents specified in Article 15. The EIA Report shall be compiled by duly licensed legal and natural persons (Article 16) authorized in accordance with the Administrative Instruction No. 07/11 “on licensing compilers of Environmental Impact Assessment�. The Applicant shall submit 4 written copies of an EIA Report and 1 electronic copy to the MOIE (Article 17) together with a proof that he has paid the required fee, determined by the Administrative Instruction No.11/11 “on the determination of the amount of the fee for services relating to the environmental impact assessment�.11 Review of the EIA by experts: Within 5 days from receipt of the EIA Report, MOIE shall send 3 hard copies of the EIA Report and 1 electronic copy to the responsible consultative bodies for reviewing the EIA Report (Article 18) in accordance with: (1) adequacy of project description including alternatives; (2) adequacy of identification and evaluation of environmental impacts; (3) adequacy of mitigation measures; (4) adequacy of proposed monitoring schemes; (5) other criteria. For the review of EIA reports on particular projects the Kosovo Environment Protection Agency, will provide all necessary information which is in its possession and which is necessary for that review. In addition to the experts involved in the EIA review, the MOIE may, as necessary, contract external experts having proven expertise in EIA (Article 19) that shall present their opinions, in writing, to the MOIE by a date that shall be specified by the same Ministry. Issuing the draft decision for EIA: The MOIE, after reviewing the EIA Report, taking in consideration results of consults by environmental authorities shall prepare and issue its draft Decision, which will be presented, in writing, to the applicant (Article 18). Organization of the public debate: The main conclusions and recommendations included in the EIA Report and in the proposal decision for environmental consent shall be subject to public debate (Article 20) that shall be planned, organized and implemented by the Applicant to collect the corresponding opinions and remarks from the public. The Public Consultation Plan (PCP) prepared by the Applicant shall determine the location, date of the public debate, the mechanisms and times for informing the public, and the locations where the Non- Technical Summary of the EIA Report and the proposal decision will be displayed (Article 20). Approval of the Public Consultation Program (PCP) : MOIE shall approve such Public Consultation Plan and the public debate cannot be held until the Applicant has received approval, in writing, from the same MOIE (Article 20). Implementation of the public debate: Applicant shall make the EIA report available to the public (Article 17) in compliance with the Administrative Instruction No.09/11 “on information, public participation and interested parties in the environmental impact assessment procedures �, informing the public, through public information media, including an announcement in at least one daily newspaper, of the date, place and time of the public debate and providing the foreseen documents (Article 20) and implement the public debate within 20 to 30 days after the Applicant, the environmental authorities and the public concerned, have been informed. Review the EIA on the base of the remarks from public debate : Within 10 days from the date on which the public debate was concluded, the MOIE shall review the remarks and opinions which emerged in the public debate (Article 21). On the base of the received remarks and opinions, the MOIE may request the Applicant to change or complete designated elements of the EIA Report which was submitted. The applicant shall make the changes required and submit the EIA Report, changed and completed, by the date designated by the MOIE. If the Applicant does not meet the MOIE request, the same Ministry shall suspend the procedure of review. Preparation of the proposal-decision for the environmental consent . The results of consultations and the information gathered pursuant to provisions of the EIA Law shall be taken into consideration in reaching the decision on the environmental consent (Article 22). The proposal-decision on Environmental Consent shall be prepared by the responsible body of the MOIE within 70 days from the receipt of the EIA Report. Within a term of 10 days from the presentation of the proposal-decision on Environmental Consent, the MOIE shall decide whether to grant or refuse an Environmental Consent and convey this decision in writing to the applicant and to the Municipality/municipalities in whose area the project will be situated. Information of the public about the environmental consent. After taking decision of grant or refuse an environmental consent has been taken, the MOIE shall inform the public of the decision by local advertisement (Article 22) and shall make available for public inspection a statement containing: (1) the content of the decision Revised0Enviro0ning0Land00P1729920.docx 26 Environmental and Social Management Framework Greening Land and any eventual foreseen conditions; (2) the main reasons and considerations on which the decision was based including, if relevant, information about the participation of the public; (3) a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects; and (4) legal advises for regular means for appeals of the validity of the decision and the procedures. Eventual appeal of the applicant against MOIE decision. The applicant shall be entitled to file an appeal with the competent Court against the complaint decision, in accordance with the Law, within 30 days of the date of publication of the Decision for Environmental Consent. The MOIE is obliged to make available the documentation concerning the EIA procedure to the applicant, if so requested in writing. The information so requested shall be made available within 8 days from the day of receipt of the request. Eventual access to justice of public against MOIE decision. Members of the public concerned who have a sufficient interest shall have access to a review procedure before a competent Court to challenge the substantive or procedural legality of decisions, acts or omission of act subject to the public participation in accordance with provisions of the EIA Law. At this purpose, any non-governmental organization promoting environmental protection and meeting any legal requirements according to enforced law shall be considered to have a sufficient interest. Applications to challenge any decision, act or omission in the EIA procedure may be made after the Environmental Consent has been granted and within 30 days of the date of that grant. Such complains shall be made in the MOIE and to the Competent Court for challenging administrative decisions. Any such procedure should be equal, fair, in time and not so expensive as to block its exercise. The criteria to examine the projects that need an environmental consent The criteria to examine the projects that need an environmental consent are defined by the Annex III to the EIA Law: 1) Characteristics of the projects: the characteristics of the project must be considered having regards to: a) The size of the project; b) Environment impact when combined with other existing or expected future projects; c) The use of natural resources; d) The production of waste; e) Pollution and nuisances; f) Risk of accidents, regarding in particular to substances or technologies used. 2) Location of projects: the environmental sensitivity of geographical areas likely to be affected by projects must be considered, having regards in particular to: a) The existing land use; b) The relative abundance, quality and regenerative capacity of natural resources in the area; c) The absorption capacity of the natural environment, paying particular attention to the following areas: i) Wetlands; ii) Mountain and forest areas; iii) Nature reserves and parks; iv) Special protection areas; v) Areas in which the environmental quality standards laid down in EU legislation have already been exceeded; vi) Densely populated areas; vii) Landscapes of historical, cultural or archaeological significance. 3) Characteristics of the potential impacts: the potential significant effects of projects must be considered in relation to criteria set out in 1 and 2 above, and having regard to: a) The extent of the impact (geographical area and size of the affected population); b) The transboundary nature of the impact; c) The magnitude and complexity of the impact; d) The probability of the impact; e) The duration, frequency and reversibility of the impact. Revised0Enviro0ning0Land00P1729920.docx 27 Environmental and Social Management Framework Greening Land 2.4 Policy Framework Kosovo does not have a specific strategy, plan, or special program for the treatment of land contamination. Up until now this issue has been addressed through other strategies, plans, and programs, such as the Draft Strategy for the Mining Sector, the Kosovo Environment Strategy (KES) 2005-2010, and the Draft Strategy on Waste Management. The Kosovo Environment Strategy tackles the problem of land contamination from depleted uranium and ash from power plants, soil loss caused by illegal constructions, the impact of industry, erosion, mined surfaces, sanitary municipal landfills and industrial wastes, and soil contamination in urban areas. The strategy sets the objectives for land/soil protection as primarily the responsibility of the government to complete and harmonize soil legislation with the EU acquis; to prevent and reduce further degradation of soil from pollutants and erosion; to engage in interagency coordination to protect agricultural land; to eliminate the existing problems regarding soil administration; and to include NGOs and all of society in soil protection. The Kosovo Strategy for Mines 2012-2025 describes in Objective IV.1, “mitigation of past environmental problems�. The matter of environmental legacy is set out as follows: “Environment management process should distinguish legacy environmental liabilities and current environmental impacts generated by current and future mining activities. The former is usually a burden for the society, as their perpetrators cannot be adequately identified. � 2.4.1 Liability and Liability Transfer Mechanisms The government agencies in Kosovo have tended to perceive the contamination of land as being primarily associated with (former) state-owned entities, as is the case with Hani i Elezit Sharr-Sallonit, and Trepça Tailings. These entities were socially owned enterprises (SOEs) that were either entirely state-owned, municipally owned, and/or (partly) employee owned. Most of the SOEs have been privatized, although some are still under the administration of the Privatization Agency of Kosovo. Their historic liabilities have been mainly managed by the government, which, together with donors, has initiated actions for some problem areas with historic levels of contamination. During the privatization process a prospective buyer negotiated with the government on the allocation of liabilities. In some cases, ministries agreed that the government should retain some liability. In others, responsibility was shared between the government and the future owner(s). In recent privatizations, the government has tended to accept liability for the remediation of preexisting environmental pollution. For example, the environmental liabilities for the Trepça, based on the Trepça Law, are defined as follows: “[The] Trepça JSC shall inherit the right of valorization of technological remains from the past and treating them in compliance with environment standards and feasibility study.� Under the Kosovo Mining Strategy, historic liabilities from mining are managed by the government, which has been supported by donors. For contamination incidents occurring after 2009, liability is governed by the polluters pay principle. This mechanism for funding the remediation of the contaminated sites is elaborated in the following Kosovar Laws: • Waste Law, Article 59 - Rehabilitation of contaminated and polluted sites will be through financing funds from waste management (payments by operators, producers, holders; municipal budget; donations; budget of the Republic of Kosovo; other financial funds). • Mining Strategy of Kosovo - the historic liabilities should be managed by the Government of the Republic of Kosovo, which, together with donors, have initiated actions for full elimination of problem areas, and to minimize other historic pollutions. • AI on Limited Values of Emissions of Polluted Materials into Soil - The person or persons causing degradation of the soil or who pollutes the soil with hazardous substances, the owner of real estate, and their successors, or the legal entity in whose possession is the real property shall perform the required soil remediation of the contaminated soils. Revised0Enviro0ning0Land00P1729920.docx 28 Environmental and Social Management Framework Greening Land • Law on Environment Protection, Article 77 - A Fund for Environmental Protection shall be established and the ministry with special law shall regulate competencies, administration, financial resources, and means. 2.4.2 Contaminated Land Management Approaches Kosovo has not developed detailed statutory and procedural guidance documents that set out the expectations for good practice for contaminated site management, nor have they any deep experience in sustainable risk- based management for contaminated sites. However, the AI on Limited Values of Emissions of Polluted Materials into Soil to some extend defines some measurements for contamination land management. These include: • The identification of contaminated sites is a mandate of the MOIE and municipalities are obliged to submit to MOIE a proposal for identifying contaminated sites. • During the identification of contaminated sites, it is mandatory to identify those areas where certain activities and actions are performed or were performed in the past that contributed to the degradation of soil and to measure the concentration of hazardous substances of concern (i.e., potentially contaminative uses). • Lists of the identified sites must be published on the MOIE website and updated with each newly identified contaminated site, and at least once every three years. To date, however, no information is available. • Contaminated sites are to be recorded and regularly update in the Cadaster of Contaminated Sites (which is managed by the MOIE). • According to the list of identified risk areas, MOIE is to prepare a program for the protection of soil functions in cooperation with the Ministries of Infrastructure, Agriculture, Forestry and Rural Development, Infrastructure, and Local Government Administration. • The program must specify minimum targets in reducing the risk of soil degradation, appropriate measures to achieve the objectives, the timeframe for implementation of these measures, and evaluation of necessary means and financial resources, as well as the responsible entities for implementation of the measures to protect soil functions. • Remediation by the owner or user of land is obligatory. In areas where activities have historically been carried out and where the owner of the land cannot be determined, the state or the municipality (based upon the land ownership) where the contaminated site is located is responsible for remediation. Remediation within the meaning of this AI refers to measures; decontamination measures; prevention or reduction of the spread of pollutants in a permanent manner without eliminating the pollutants themselves; and elimination or reduction of harmful changes in the soil ’s physical, chemical, or biological characteristics. • MOIE must carry out regular monitoring every five years for each parcel of land and develop annual programs for soil monitoring (to be implemented by the Institute of Hydrometeorology). Operators and farmers must also conduct monitoring and submit monitoring data to the Kosovo Environmental Protection Agency for consolidation of environmental information. Revised0Enviro0ning0Land00P1729920.docx 29 Environmental and Social Management Framework Greening Land 2.5 Environmental and Social Framework of the World Bank The Environmental and Social Standards set out the requirements for Borrowers (in this case Government of Kosovo) relating to the identification and assessment of environmental and social risks and impacts associated with projects supported by the Bank through Investment Project Financing. The Bank believes that the application of these standards, by focusing on the identification and management of environmental and social risks, will support Borrowers in their goal to reduce poverty and increase prosperity in a sustainable manner for the benefit of the environment and their citizens. The standards will: (a) support Borrowers in achieving good international practice relating to environmental and social sustainability; (b) assist Borrowers in fulfilling their national and international environmental and social obligations; (c) enhance nondiscrimination, transparency, participation, accountability and governance; and (d) enhance the sustainable development outcomes of projects through ongoing stakeholder engagement. The ten Environmental and Social Standards establish the standards that the Borrower and the project will meet through the project life cycle. Environmental and Social Standard ESS1 applies to all projects for which Bank Investment Project Financing is sought. ESS1 establishes the importance of: (a) the Borrower’s existing environmental and social framework in addressing the risks and impacts of the project; (b) an integrated environmental and social assessment to identify the risks and impacts of a project; (c) effective community engagement through disclosure of project-related information, consultation and effective feedback; and (d) management of environmental and social risks and impacts by the Borrower throughout the project life cycle. The Bank requires that all environmental and social risks and impacts of the project be addressed as part of the environmental and social assessment conducted in accordance with ESS1. ESS2–10 set out the obligations of the Borrower in identifying and addressing environmental and social risks and impacts that may require particular attention. These Standards establish objectives and requirements to avoid, minimize, reduce and mitigate risks and impacts, and where significant residual impacts remain, to compensate for or offset such impacts. 2.5.1 Objectives and requirements of the Environmental and Social Standards Environmental and Social Standard 1: Assessment and Management of Environmental and Social Risks and Impacts The objectives of ESS1 are: • To identify, evaluate and manage the environment and social risks and impacts of the project in a manner consistent with the ESSs. • To adopt a mitigation hierarchy approach to: • Anticipate and avoid risks and impacts; (b) Where avoidance is not possible, minimize or reduce risks and impacts to acceptable levels; (c) Once risks and impacts have been minimized or reduced, mitigate; and (d) Where significant residual impacts remain, compensate for or offset them, where technically and financially feasible. • To adopt differentiated measures so that adverse impacts do not fall disproportionately on the disadvantaged or vulnerable, and they are not disadvantaged in sharing development benefits and opportunities resulting from the project. • To utilize national environmental and social institutions, systems, laws, regulations and procedures in the assessment, development and implementation of projects, whenever appropriate. • To promote improved environmental and social performance, in ways which recognize and enhance Borrower capacity. Within ESS 1, the Borrower is obliged to: • Conduct environmental and social assessment of the propose project, including stakeholder engagement, - Undertake stakeholder engagement and disclose appropriate information in accordance with ESS10, • Develop an Environmental and Social Commitment Plan (ESCP) and implement all measures and actions set out in the legal agreement including the ESCP, • Conduct monitoring and reporting on the environmental and social performance of the project against the ESSs. Revised0Enviro0ning0Land00P1729920.docx 30 Environmental and Social Management Framework Greening Land Environmental and Social Standard 2: Labor and Working Conditions The objectives of ESS2 are: • To promote safety and health at work. • To promote the fair treatment, non-discrimination and equal opportunity of project workers. • To protect project workers, including vulnerable workers such as women, persons with disabilities, children (of working age, in accordance with this ESS) and migrant workers, contracted workers, community workers and primary supply workers, as appropriate. • To prevent the use of all forms of forced labor and child labor. • To support the principles of freedom of association and collective bargaining of project workers in a manner consistent with national law. • To provide project workers with accessible means to raise workplace concerns. Within ESS2 the Borrower is obliged to develop and implement written Labor Management Procedures applicable to the project. These procedures will set out the way in which project workers will be managed, in accordance with the requirements of national law and this ESS. The procedures will address the way in which this ESS will apply to different categories of project workers including direct workers, and the way in which the Borrower will require third parties to manage their workers in accordance with paragraphs 31–33. In addition, it is obliged to take into consideration: Protecting the work force, Grievance mechanism, Occupational Health and Safety (OHS), Community workers, Contracted workers, Primary supply workers. Environmental and Social Standard 3: Resource Efficiency and Pollution Prevention and Management ESS3 recognizes that economic activity and urbanization often generate pollution to air, water, and land, and consume finite resources that may threaten people, ecosystem services and the environment at the local, regional, and global levels. The current and projected atmospheric concentration of greenhouse gases (GHG) threatens the welfare of current and future generations. At the same time, more efficient and effective resource use, pollution prevention and GHG emission avoidance, and mitigation technologies and practices have become more accessible and achievable. This ESS sets out the requirements to address resource efficiency and pollution1 prevention and management throughout the project life cycle consistent with GIIP. The objectives of ESS3 are: • To promote the sustainable use of resources, including energy, water and raw materials. • To avoid or minimize adverse impacts on human health and the environment by avoiding or minimizing pollution from project activities. • To avoid or minimize project-related emissions of short and long-lived climate pollutants12. • To avoid or minimize generation of hazardous and non-hazardous waste. • To minimize and manage the risks and impacts associated with pesticide use. • The Borrower will consider ambient conditions and apply technically and financially feasible resource efficiency and pollution prevention measures in accordance with the mitigation hierarchy. The measures will be proportionate to the risks and impacts associated with the project and consistent with GIIP, in the first instance the EHSGs. The Borrower shall be obliged to apply technically and financially feasible measures to improve efficient consumption of energy, water and raw material, as well as other resources. Such measures shall integrate cleaner production principles into the product design and production processes in order to conserve raw material, energy, water and other resources. The Borrower shall be obliged avoid the release of pollutants or, when avoidance is not feasible, minimize and control the concentration and mass flow of their release using the performance levels and measures specified in national law or the EHSGs, whichever is most stringent. This applies to the release of pollutants to air, water and land due to routine, nonroutine, and accidental circumstances, and with the potential for local, regional, and transboundary impacts. In addition, for Pollution prevention and management the Borrower is obliged to take into consideration: • Management of air pollution, • Management of hazardous and nonhazardous wastes • Management of chemicals and hazardous materials • Management of pesticides 12 This includes all GHGs and black carbon Revised0Enviro0ning0Land00P1729920.docx 31 Environmental and Social Management Framework Greening Land Environmental and Social Standard 4: Community Health and Safety The main objectives of ESS4 are following: to anticipate and avoid adverse impacts on the health and safety of project affected communities during the project life cycle from both routine and no routine circumstances; to promote quality and safety, and considerations relating to climate change, in the design and construction of infrastructure, including dams; to avoid or minimize community exposure to project-related traffic and road safety risks, dis-eases and hazardous materials, etc. ESS4 addresses the health, safety and security risks and impacts on project-affected communities and the corresponding responsibility of Borrowers to avoid or minimize such risks and impacts, with particular attention to people who, because of their particular circumstances, may be vulnerable. ESS4 is relevant to the project. Given the linear character of the sub-projects, full partition or fencing of construction sites might not be possible, therefore, signaling will be installed and mitigation measures to control excessive noise and dust levels will be ensured through a robust mitigation and management plan in the proposed ESMPs or site-specific ESMP Checklists. Traffic/Road Safety Management Plans with appropriate measures to ensure the safety and wellbeing of nearby communities and road users during construction and for the operation phase will be prepared in cooperation with the local authorities, include traffic police. General guidelines for traffic management plans are included in ESMF to guide contractor to prepare site specific plans. Special guidelines will be given for sensitive sites like schools, hospitals, religious places, etc. Traffic Management Plan will be prepared by the Contractor prior to commencing with reconstruction/rehabilitation activities. It is also necessary to prepare the Emergency Response Plans with procedures to respond to accidental leaks, spills, emissions, fires, and other unforeseen crisis events. This is due to the construction of infrastructure for transportation of liquids (water) from one point to other and furthermore distributing it to the homes, as end users. Establishing and implementing appropriate quality management system to anticipate and minimize risks and impacts that such services (Water or irrigation canals, such as drowning, flooding, or water-related diseases) may have on community health and safety. Environmental and Social Standard 5: Land Acquisition, Restrictions on Land Use and Involuntary Resettlement ESS5 recognizes that project-related land acquisition and restrictions on land use can have adverse impacts on communities and persons. Project-related land acquisition or restrictions on land use may cause physical displacement (relocation, loss of residential land or loss of shelter), economic displacement (loss of land, assets or access to assets, leading to loss of income sources or other means of livelihood), or both. The term “involuntary resettlement� refers to these impacts. Resettlement is considered involuntary when affected persons or communities do not have the right to refuse land acquisition or restrictions on land use that result in displacement. Experience and research indicate that physical and economic displacement, if unmitigated, may give rise to severe economic, social and environmental risks: production systems may be dismantled; people face impoverishment if their productive resources or other income sources are lost; people may be relocated to environments where their productive skills are less applicable and the competition for resources greater; community institutions and social networks may be weakened; kin groups may be dispersed; and cultural identity, traditional authority, and the potential for mutual help maybe diminished or lost. For these reasons, involuntary resettlement should be avoided. Where involuntary resettlement is unavoidable, it will be minimized and appropriate measures to mitigate adverse impacts on displaced persons (and on host communities receiving displaced persons) will be carefully planned and implemented. The Resettlement Policy Framework is prepared because the program during the preparation will not be able to identify all investments and all sub-project details that determine the need for land acquisition and appropriately, adverse impact that are generated with this act. For sub-project to generate land and livelihood related impacts, a site-specific Resettlement Action Plan will be prepared. Revised0Enviro0ning0Land00P1729920.docx 32 Environmental and Social Management Framework Greening Land Environmental and Social Standard 6: Biodiversity Conservation and Sustainable Management of Living Natural Resources ESS6 recognizes that protecting and conserving biodiversity and sustainably managing living natural resources are fundamental to sustainable development. Biodiversity is defined as the variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are a part; this includes diversity within species, between species, and of ecosystems. Biodiversity often underpins ecosystem services valued by humans. Impacts on biodiversity can therefore often adversely affect the delivery of ecosystem services 13. ESS6 recognizes the importance of maintaining core ecological functions of habitats, including forests, and the biodiversity they support, as well addresses sustainable management of primary production 14 and harvesting 19 of living natural resources. The objectives of ESS6 are: • To protect and conserve biodiversity and habitats. • To apply the mitigation hierarchy and the precautionary approach in the design and implementation of projects that could have an impact on biodiversity. • To promote the sustainable management of living natural resources. • To support livelihoods of local communities, including Indigenous Peoples, and inclusive economic development, through the adoption of practices that integrate conservation needs and development priorities. The environmental and social assessment as set out in ESS1 will consider direct, indirect and cumulative project-related impacts on habitats and the biodiversity they support. This assessment will consider threats to biodiversity, for example habitat loss, degradation and fragmentation, invasive alien species, overexploitation, hydrological changes, nutrient loading, pollution and incidental take, as well as projected climate change impacts. It will determine the significance of biodiversity or habitats based on their vulnerability and irreplaceability take into account the differing values attached to biodiversity and habitats by project-affected parties and other interested parties. Where significant risks and adverse impacts on biodiversity have been identified, the Borrower will develop and implement a Biodiversity Management Plan. The environmental and social assessment should take into consideration the Conservation of biodiversity and habitats, Modified habitat, Natural habitat, Critical Habitat, Legally protected and internationally recognized areas of high biodiversity value, Invasive alien species, Sustainable management of living natural resources and Primary suppliers. Environmental and Social Standard 7: Indigenous Peoples/Sub-Saharan African Historically Underserved Traditional Local Communities This standard is not applicable to this Project given the fact that in Kosovo, there are no any social or cultural groups of specific characteristics defined in ESS 7. Environmental and Social Standard 8: Cultural Heritage ESS8 recognizes that cultural heritage provides continuity in tangible and intangible forms between the past, present and future. People identify with cultural heritage as a reflection and expression of their constantly evolving values, beliefs, knowledge and traditions. Cultural heritage, in its many manifestations, is important as a source of valuable scientific and historical information, as an economic and social asset for development, and as an integral part of people’s cultural identity and practice. ESS8 sets out measures designed to protect cultural heritage throughout the project life cycle. The requirements of ESS8 apply to cultural heritage regardless of whether or not it has been legally protected or previously identified or disturbed. The requirements of ESS8 apply to intangible cultural heritage only if a 13 Requirements related to ecosystem services are set out in ESS1 14 Primary production of living natural resources is cultivation or rearing of plants or animals, including annual and perennial crop farming, animal husbandry (including livestock), aquaculture, plantation forestry, etc. 19 Harvesting of living natural resources, such as fish and all other types of aquatic and terrestrial organisms and timber, refers to productive activities that include extraction of these resources from natural and modified ecosystems and habitats. Revised0Enviro0ning0Land00P1729920.docx 33 Environmental and Social Management Framework Greening Land physical component of a project will have a material impact on such cultural heritage or if a project intends to use such cultural heritage for commercial purposes. The Borrower will implement globally recognized practices for field-based study, documentation and protection of cultural heritage in connection with the project, including by contractors and other third parties. A chance finds procedure is a project-specific procedure which will be followed if previously unknown cultural heritage is encountered during project activities. It will be included in all contracts relating to construction of the project, including excavations, demolition, movement of earth, flooding or other changes in the physical environment. The chance finds procedure will set out how chance finds associated with the project will be managed. The procedure will include a requirement to notify relevant authorities of found objects or sites by cultural heritage experts; to fence-off the area of finds or sites to avoid further disturbance; to conduct an assessment of found objects or sites by cultural heritage experts; to identify and implement actions consistent with the requirements of this ESS and national law; and to train project personnel and project workers on chance find procedures. Environmental and Social Standard 9: Financial Intermediaries This standard is not applicable as the project does not envision involvement of financial intermediaries Environmental and Social Standard 10: Stakeholder Engagement and Information Disclosure ESS10 recognizes the importance of open and transparent engagement between the Borrower and project stakeholders as an essential element of good international practice. Effective stakeholder engagement can improve the environmental and social sustainability of projects, enhance project acceptance, and make a significant contribution to successful project design and implementation. ESS10 objectives are: • To establish a systematic approach for stakeholder engagement that will help Borrowers identify stakeholders and build and maintain a constructive relationship with them, in particular project- affected parties • To assess the level of stakeholder interest and support for the project and to enable stakeholders' views to be taken into account in project design and environmental and social performance. • To promote and provide means for effective and inclusive engagement with project-affected parties throughout the project life cycle on issues that could potentially affect them. • To ensure that appropriate project information on environmental and social risks and impacts is disclosed to stakeholders in a timely, understandable, accessible and appropriate manner and format. • To provide project-affected parties with accessible and inclusive means to raise issues and grievances, and allow Borrowers to respond to and manage such grievances Project level Stakeholder Engagement Framework has been prepared but due to the specific stakeholder list for the program, and specific activities it is recommended each sub-project to create own Stakeholder Engagement Plan that will target its appropriate audience. 2.6 Environmental and Social Risk Classification The Bank will classify all projects (including projects involving Financial Intermediaries (FIs)) into one of four classifications: • High Risk, • Substantial Risk, • Moderate Risk or • Low Risk. In determining the appropriate risk classification, the Bank take into account relevant issues, such as the type, location, sensitivity, and scale of the project; the nature and magnitude of the potential environmental and social risks and impacts; and the capacity and commitment of the Borrower (including any other entity responsible for the implementation of the project) to manage the environmental and social risks and impacts in a manner Revised0Enviro0ning0Land00P1729920.docx 34 Environmental and Social Management Framework Greening Land consistent with the ESSs15. Other areas of risk may also be relevant to the delivery of environmental and social mitigation measures and outcomes, depending on the specific project and the context in which it is being developed. These could include legal and institutional considerations; the nature of the mitigation and technology being proposed; governance structures and legislation; and considerations relating to stability, conflict or security. The Bank will disclose the project’s classification and the basis for that classification on the Bank’s website and in project documents. 2.6.1 World Bank’s Environmental, Health & Safety Guidelines The Environmental, Health, and Safety (EHS) Guidelines are technical reference documents with general and industry-specific examples of Good International Industry Practice (GIIP). When one or more members of the World Bank Group are involved in a project, these EHS Guidelines are applied as required by their respective policies and standards. These General EHS Guidelines are designed to be used together with the relevant Industry Sector EHS Guidelines which provide guidance to users on EHS issues in specific industry sectors. For complex projects, use of multiple industry-sector guidelines may be necessary. A complete list of industry- sector guidelines can be found at: www.ifc.org/ifcext/enviro.nsf/Content/EnvironmentalGuidelines The EHS Guidelines contain the performance levels and measures that are generally considered to be achievable in new facilities by existing technology at reasonable costs. Application of the EHS Guidelines to existing facilities may involve the establishment of site-specific targets, with an appropriate timetable for achieving them. The applicability of the EHS Guidelines should be tailored to the hazards and risks established for each project on the basis of the results of an environmental assessment in which site-specific variables, such as host country context, assimilative capacity of the environment, and other project factors, are taken into account. The applicability of specific technical recommendations should be based on the professional opinion of qualified and experienced persons. When host country regulations differ from the levels and measures presented in the EHS Guidelines, projects are expected to achieve whichever is more stringent. If less stringent levels or measures than those provided in these EHS Guidelines are appropriate, in view of specific project circumstances, a full and detailed justification for any proposed alternatives is needed as part of the site-specific environmental assessment. This justification should demonstrate that the choice for any alternate performance levels is protective of human health and the environment. 2.6.2 Other relevant World Bank documents The World Bank developed Good practice notes that the Borrower is obliged to apply appropriate level of performance or measures referred in the Good practice notes for the subproject activities during preparation of subproject documentation as well as during its implementation. Good Practice Notes • World Bank, Good Practice Note Environment & Social Framework for IPF Operations Nondiscrimination and Disability, 2018, • World Bank, Good Practice Note, Addressing Gender Based Violence in Investment Project Financing involving Major Civil Works, 28 September 2018, • World Bank, Good Practice Note: Assessing and Managing the Risks and Impacts of the Use of Security Personnel, October 2018, • World Bank, Good Practice Note: Environment & Social Framework for IPF Operations Road Safety, October 2019 • World Bank, Good Practice Note: Environment & Social Framework for IPF Operations Nondiscrimination: Sexual Orientation and Gender Identity (SOGI), October 2019. 15 More detail for risk categorization are presented on the following link: https://policies.worldbank.org/sites/ppf3/PPFDocuments/18479bc9036d43f980875b7ba94cd934.pdf Revised0Enviro0ning0Land00P1729920.docx 35 Environmental and Social Management Framework Greening Land Table 2 Applicability of ESS for Greening Land Candidate Sites ESS Standard Description General Assessment ESS1 ESS1 applies to all projects supported by the World Bank through Assessment and Management of Investment Project Financing. Environmental and Social Risks and Impacts Project works that will be engaged to work will be direct workers - ESS2 those hired for the PIU, civil servants that will support the project but Labor and Working Conditions also contracted workers hired by the contractors and sub-contractors. ESS3 The risks and impacts of the project during preparation and Resource Efficiency and Pollution Prevention implementation will be managed by adopting a systematic ESIA and and Management ESMF approach. Traffic accidents and physical injuries near construction sites. ESS4 Potential that the communities become exposed to asbestos during or Community Health and Safety after remediation works. ESS5 Proposed candidate site in Hani i Elezit municipality may lead to loss Land Acquisition, Restrictions on Land Use of lands or non-land assets for five to ten households. RPF should be and Involuntary Resettlement prepared and later RAP. Since the project is not located in an environmentally sensitive area, ESS6 nor does it impact any natural habitats, adverse impacts on Biodiversity Conservation and Sustainable biodiversity will only be very localized and restricted to construction Management of Living Natural Resources phase of the project and largely in an already modified habitat. ESS7 Indigenous Peoples/Sub-Saharan African No issues identified, so far. Historically Underserved Traditional Local Communities ESS8 No cultural heritage has been identified in all candidate sites so far, Cultural Heritage however, this issue will be raised during public consultation. ESS9 The ESS9 cannot be confirmed at this stage. Financial Intermediaries ESS10 Stakeholder Engagement and Information ESS10 applies to all projects supported by the World Bank through Disclosure Investment Project Financing. Revised0Enviro0ning0Land00P1729920.docx 36 Environmental and Social Management Framework Greening Land 2.7 Comparison of Kosovo Legal Framework and ESF, 2016 In order the requirements for environmental and social aspects defined in the national legislation to be compared with the WB Environmental and Social Standards defined in the ESF, 2018 in the following table comparison analyses and possible gaps are identified. Table 3 Compliance Analysis WB Environmental and National Environmental and Gaps social standards (ESS) Social framework ESS 1: Assessment and • Environmental Protection Law (03/L- The ESS 1 requires ESIA for the Remediation Plan, Management of 025-2009), because the project is categorized with substantial risks. Environmental and Social • Law No. 03/L-214 on Environmental While in accordance with Law on EIA, the proposed Risks and Impacts Impact Assessment (EIA), activities are not listed in Annex I (for which preparation of • Administrative Instruction on the EIA is mandatory) and Annex II (need for EIA will be information, public participation and determined step by step). For that purpose the procedure interested parties in the will start with submission of the environmental screening environmental impact assessment documentation to the MOIE in order to define the further procedures (No.09/11) steps of environmental assessment. Involvement of the public in ESS10 is presented. ESS 2: Labour and Working Law No. 04/L-161 on Safety and Health This law stipulates ensuring conditions in the working Conditions at Work environments with the intention to prevent work-related • Regulation (MLSW) No.07/2017 on injuries, occupational safety and health and protection the protection of employees from measures in the work environment. Work environment is risks related to exposure to considered as any environment where work is performed. asbestos at work Law mandates Kosovo Government to form a Counsel for • Regulation (MLSW) No. 04/2017 on safety at work and protection of workers’ wellbeing and the protection of employees from working environments risks related to exposure to carcinogens and mutagens at work Law describes responsibilities of parties included in the • Regulation (MLSW) No. 10/2017 on working arrangement, as well as ensures additional safety and health protection of measures of protection in working environments for youth, employees from the risks related to women and people with disabilities. chemical agents at work Considering of health and safety issues, the Law sets • Regulation (MLSW) No. 05/2017 on measures for improving the level of safety and health of protection of workers from risks employees at work. This Law contains general principles related to exposure to biological for prevention of occupational hazards, elimination of agents at work hazardous and accidents factors, information, consultation, balanced participation in improving the level of safety and health at work, treatment of employees, their representatives and general guidelines for implementing such principles. ESS 3: Resource Efficiency • Environmental Protection Law (03/L- Gap exists for Resource efficiency in the policy. Kosovo and Pollution Prevention and 025-2009), does not have a dedicated national resource efficiency Management • Law on Air Protection from Pollution strategy or action plan16 . Kosovo has not developed (No. 2010/03-L-160), detailed statutory and procedural guidance documents • Law No. 04/L-147 Water Law, that set out the expectations for good practice for • Law on Waste No. 04/L-060 (2012), contaminated site management, nor have they any deep • Law on Chemicals No. 04/L-197 experience in sustainable risk-based management for • Law on Noise Protection No. 02/L- contaminated sites where as ESS3 talks about formation 102 of remediation plan and ambient environment analysis for • Administrative instruction of GRK historical pollution. Some national policies and strategies No. 11/2018 on limited values of that address material resource efficiency are: Law on emissions of polluted materials into mines and minerals and Mining strategy for the Republic soil, of Kosovo, 2012-2025, Law on Waste, Waste Management Strategy for the Republic of Kosovo, 2013 – • Other Administrative instructions. 2022 and Law no. 2003/3 on Kosovo’s forests. Examples of good practice are not available. Integrated Environmental licenses and permits refer to the largest polluters, the MOIE supervise the efficient implementation of the legal measures provided and their impact on the environment. For other issues, there are no gaps on the policy level. ESS 4: Community Health • Law on Noise Protection No. 02/L- TBI and Safety 102 • Administrative instruction - No. 08/2009 on allowed values of noise emissions from pollution sources. 16 https://www.eea.europa.eu/publications/more-from-less/kosovo-material-resource-efficiency/view Revised0Enviro0ning0Land00P1729920.docx 37 Environmental and Social Management Framework Greening Land WB Environmental and National Environmental and Gaps social standards (ESS) Social framework • Law No.04/L-110 on construction • Law No. 02/L-70 on Road Traffic Safety ESS 5: Land Acquisition, • Law No. 03/L-139 on Expropriation RPF was produced by the Government of Kosovo and Restrictions on Land Use of Immovable Property promulgated by the Kosovo Assembly in October 2011, and Involuntary • Law No. 04/L-013 on Cadaster however it does not have the force of law. Resettlement • Law No. 04/L-174 on Spatial Planning RPF is only applicable to the New Mining Field, • Law No.04/L-110 on Construction representing an area identified for lignite mining activities • Law No. 06/L-024 on Treatment of in the vicinity of the existing power plants. The RPF Constructions without Permit highlights the need to minimize land acquisition and the • Resettlement Policy Framework resettlement of the population. It further demands (RPF) for the New Mining Field restoration, if improvement is not possible, of the (2011). livelihoods of the affected population when resettlement or loss of economic asset or other subsidence means is inevitable. The RPF recognizes different forms of losses incurred by the affected population, including loss of land, loss of housing, loss of businesses, loss of employment, loss of services and erosion of cultural heritage (i.e. loss of traditions, rituals due to urbanization of area). The Framework establishes a protocol on how to determine what rights are to be recognized, in an attempt to limit speculation. For the project site for the Greening Land Proejct Resetlement Policy Framework is Prapered to gudie potential land acqusition ESS 6: Biodiversity • Environmental Protection Law (03/L- There is no gap on the policy level. Conservation and 025-2009), Sustainable Management of • Law on Nature Protection No. Living Natural Resources 2010/03-L-233, • Law No. 03/L-214 on Environmental Impact Assessment (EIA), • Law on Forests 2003/03. ESS 8: Cultural Heritage • Law No. 02/L-88 on Cultural TBI Heritage ESS 10: Stakeholder • Environmental Protection Law (03/L- According Kosovo legislation, preparation of SEP is not Engagement and 025-2009), required. Also, there is a gap for public consultation Information Disclosure • Law No. 03/L-214 on Environmental period. Impact Assessment, Regarding the WB policy the prepared documents will be • Administrative Instruction on publicly available, but the consultation period and public information, public participation and debate are not precisely defined. interested parties in the In accordance with Kosovo legislation, starting from environmental impact assessment initiation of the EIA with accordance with the Article 11 as procedures (No.09/11). well the whole procedure for EIA (if MOIE decide to be prepared EIA) will be available for public consultation and debate. For the EIA study the Public Consultation Plan (PCP) should be prepared by the Applicant which should contain location, date of the public debate, the mechanisms and times for informing the public, and the locations where the Non-Technical Summary of the EIA and the proposal decision will be displayed (Article 20). The public consultation meeting is held within 20 to 30 days from public announcement. Consultation and Disclosure The World Bank requires stakeholder The World Bank requires stakeholder engagement, Requirement engagement, consultation and public consultation and public disclosure of the ESIA of the KEK disclosure of the ESIA of the KEK site site and ESMF of other sites before the appraisal and ESMF of other sites before the appraisal Revised0Enviro0ning0Land00P1729920.docx 38 Environmental and Social Management Framework Greening Land 3 Guidelines for Environmental and Social Baseline In 2008 the Kosovo Environmental Protection Agency (KEPA) published a state of the environment report for 2006–2007 that included an initial review of the status of soils in Kosovo. This was followed in 2011 by a joint Ministry of Environment and Spatial Planning (MESP, now MoIE) and KEPA publication which for the first time identified 28 hotspot sites considered to be “areas of high pollution in Kosovo.� The recent World Bank study supported a further analysis that led to identification of about 200 contaminated sites. Mitrovica Industrial Park Mirash Regional Waste Landfill Artana Mine Tailings Hani i Elezit Asbestos impacted area Figure 3 Map of Kosovo with MOIE identified environmental hotspots and possible project sites Revised0Enviro0ning0Land00P1729920.docx 39 Environmental and Social Management Framework Greening Land 3.1 Baseline Synopsis of Kosovo 3.1.1 Geographical Location of Kosovo Republic of Kosovo is located in the central part of Balkan Peninsula. Kosovo ’s territory extends within the latitudes N 41° 50’ 58’’ and 43° 15’ 42’’ and within the longitudes E 20° 01’ 30’’ and 21° 48’ 02’’. Kosovo covers a surface area of approx. 10,889 km2 and is characterized by an average altitude of approx. 800 m a.s.l., but showing vertical changes of relief and morphology. The lowest point of Kosovo is located at an elevation of 297 m a.s.l. (Drini i Bardhë at the border to Albania). The country rises up to the highest point in the West of the country – Gjeravica at 2,565 m a.s.l. From a geographical point of view, Kosovo can be subdivided into two large, flat, regional units: The north- eastern and central part is referred to as Rrafshi i Kosovës basin, the south-western part as Rrafshi i Dukagjinit basin. They are characterized by special climatic-geographical conditions. Figure 4 Morpho-orographical map of Kosovo The border between Rrafshi i Dukagjinit and Rrafshi i Kosovës forms the surface water divide between the Adriatic Sea on the one side and the Black Sea and the Aegean Sea on the other side. Kosovo is surrounded by several high mountain ranges (above 2,000 m a.s.l.). The northern part is occupied by the Kopaonik mountains. In the southern and south-western part of Kosovo, at the border to North Macedonia, the Mali i Sharrit mountains are located. The western part of Kosovo includes parts of the Alpet Shqipëtare and the Mali i Moknës mountains. These areas are characterized by rocky material, high mountains and deep gorges. In the central part of Kosovo, western and north- western of Prishtinë, the mountain ranges Bjeshkët e Çiçavicës, Golesh, Carralevë and Milanovc are located, which are characterized by different morphological forms, both fluvial and abrasive, rising to elevations of about 1,000 m a.s.l. Revised0Enviro0ning0Land00P1729920.docx 40 Environmental and Social Management Framework Greening Land 3.1.2 Climate The climate of Kosovo is predominantly continental, resulting in warm summers and cold winters, with mediterranean and alpine influences. However, due to unequal elevations in certain parts of the country, there are differences in temperature and rainfall distribution. Figure 5 Kosovo's Climatic Zones, Mean Annual Temperature and Rainfall December and January are regarded as the coldest months, July and August as the warmest months of the year. The maximum rainfall rate is reached between October and December. Between November and March, snowfall can be expected in Kosovo, even in the flat parts of the country. The climatic area of the Kosovo basin (Rrafshi i Kosovës), which includes the Lumi Ibër valley, is influenced by continental air masses. For this reason, in this part of the country, the winters are colder, with sometimes down to minus 26 °C. The summers are very hot with sometimes up to 37 °C. This area is characterized by a dry climate and a total annual precipitation of 600 mm per year, approximately. The climatic area of the Rrafshi i Dukagjinit, which includes the watershed of the Drini i Bardhë river, is influenced very much by the hot air masses, which cross the Adriatic Sea. Monthly average temperatures range from 0.5 °C (January) to sometimes 22.8 °C (July). The average annual precipitation of this climatic area is about 700 mm per year. The winter is characterized by heavy snowfalls. The climatic area of the mountains and forest parts is characterized by a typical forest climate, which is associated with heavy rainfalls (900 to 1,300 mm per year), and summers that are very short and cold, and winters that are cold and with a lot of snow. The lowest temperature recorded in Kosovo was -29°C. Climate change In the “Study on climate change in the Western Balkans region�, Publisher: Regional Cooperation Council Secretariat, Sarajevo, Bosna i Hercegovina, may-2018 (web site: www.rcc.int ), is evaluated the impact of global warming by future Climate Change throughout the Western Balkan Region. In the document are selected two meteorological parameters, as: temperature and precipitation. The analyzed period is 1961-2015, where the period 1961-1980 is define as the “past� climate baseline period, while the period 1996-2015 as the “present� climate period. The trend of increasing temperature became significant since the 1980s in the Western Balkan Region. Average monthly temperature of the air and precipitation sums for Коsovo for period 2020-2070 with climate change (scenario RCP8.5) are presented in in the following table. Table 4 Average monthly temperature of the air and precipitation sums for Коsovo 2020-2070 with climate change Month I II III IV V VI VII VIII IX X XI XII year Avg.Temperature (°C) 0.6 2.8 7 11 15.4 19.4 21.9 21.4 17.8 12.9 6.4 2.3 11.6 Monthly precipit. (mm) 42 34 39 44 62 53 37 34 36 40 53 49 524 The expected Climate changes, decreasing of precipitations and modifications in distribution, may cause increasing of water demands for 20%. Revised0Enviro0ning0Land00P1729920.docx 41 Environmental and Social Management Framework Greening Land 3.1.3 Hydrology Surface Water There are many rivers in Kosovo, which flow toward the Adriatic Sea, the Black Sea and the Aegean Sea. The main rivers in Kosovo are: Drini i Bardhë (L = 110 km; in the southern part of Kosovo, mean flow MQ = 65 m3/s), which flows toward Albania into the Adriatic Sea; Lumi Ibër (L = 87 km; in the north-western part, mean flow MQ = 33 m3/s) and Morava e Binçës (L = 56 km; in the south-eastern part, mean flow MQ = 6 m3/s), which flow toward Serbia into the Morava and Danube and further into the Black Sea; and Lepenci river (L = 55 km; in the south-eastern part, mean flow MQ = 9 m3/s), which flows toward Macedonia into the Vardar river and further into the Aegean Sea. More interesting, the Black Sea is drained by water from a surface water catchment area of 5,582 km2, or 51 % of the Kosovo territory, the Adriatic Sea is drained by a surface area of 4,643 km2, or 43 %, and the Aegean Sea is drained by a surface area of only 681 km2, or 6 %. Other important rivers in Kosovo are: Sitnica (L = 76 km), Lumbardhi i Pejës (L = 38 km), and Lumbardhi i Deçanit (L = 35 km). Kosovo also does have large number of karst springs, thermal and mineral water springs, glacial valleys and lakes, and artificial lakes. There are nearly no natural lakes in Kosovo. Because of the high variations in the river water flow, several reservoirs (artificial dams) have been constructed in the past with a total volume of 2,700 million m3. The biggest dam is the Gazivoda dam with a catchment area of 1,060 km² and a flow of 440 million m³ / year. Furthermore, very important dams are: Radoniqi dam (V = 118 million m³ / year), Batllava dam (V = 56 million m³ / year), the dams of Badovc and Prelepnica. Surface Water Quality All major river basins are recognized and reported as moderately or heavily polluted. Water use and pollution are expected to grow with economic development. The Drini i Bardhë is the healthiest river as it has fewest pressures and highest water flows, but this river also gets severely polluted in its lower reaches from industrial and urban wastewater, but also agricultural nitrates and phosphates. Iber is the most polluted basin due to its high economic and population pressures and its low flows, particularly in the Sitnica river. This places a high environmental and health burden on the population and causes large areas of degraded land to be out of productive use. Due to the drastic reduction of production from pre-1990 levels, pollution from the industry and mining has been reduced, but some of the environmental problems from the past are still present: lack of wastewater treatment and old technology and equipment, massive amounts of mining and metallurgy waste from the past, continue to be permanent sources of environmental pollution. Current industry and power plants are still polluting. Revised0Enviro0ning0Land00P1729920.docx 42 Environmental and Social Management Framework Greening Land Floods Kosovo is vulnerable to flooding and they happen often. Floods in Kosovo in November 2007 affected more than 3500 households, also causing considerable material damages. Almost all municipalities of Kosovo, more or less, are affected by flood risk, which are manifested in the form of: • Floods after storms in mountain areas, • Floods after heavy rains in lowland areas, • Floods after the snowmelt followed or not by cold weather. Floods by river basins are: Drini i Bardhë: 50 %, Ibri: 24 %, Lepenci: 20 %, Morava e Binçës: 6 %. Floods in Kosovo are usually as a result of heavy rains where mayor river flows overflow and flood in urban and rural areas causing considerable damages to infrastructure, private property, agriculture, etc. As a result of rainfall and floods in urban areas because of the old network, insufficient capacity and lack of facilities for wastewater treatment, increase the damage effects even more. Ground water The most important ground water resources are considered to be of intergranular porosity and can be found at the outcrop of the coarsely grained Holocene and Pleistocene unconsolidated sediments in the central and western part of Kosovo in the catchments of the main rivers. Another important ground water resource is represented by the karstified Jurassic and Triassic limestones which can be found in the western part of Kosovo. In addition, several mineral and thermal water springs with discharges of more than 100 l/s (especially Banjë, Kllokot, and Uglar) can be found in Kosovo representing an important water and geothermal reservoir. Figure 6 Kosovo Hydrogeological Map Hydrogeology Productive intergranular aquifers with very high to medium permeability (> 10-5 m/s) consist of coarsely grained Holocene and Pleistocene unconsolidated sediments. Moderately productive intergranular aquifers with medium to low permeability (10-5 m/s to 10-9 m/s) consists of coarsely to fine grained Pleistocene and Neogene unconsolidated sediments and Palaeogene consolidated sedimentary rocks. Revised0Enviro0ning0Land00P1729920.docx 43 Environmental and Social Management Framework Greening Land Fissured aquifers with medium to low fracture permeability (10-5 m/s to 10-9 m/s) are mainly Neogene, Palaeogene, Jurassic and Palaeozoic consolidated sedimentary, igneous and metamorphic rocks. Fissured and karstified aquifers with strongly alternating, locally very high permeability (10-3 m/s to 10-9 m/s) are primarily made up by Cretaceous, Jurassic, Triassic and Palaeozoic consolidated sedimentary rocks with karst phenomena. Mixed porosity aquifers with double porosity (intergranular / fissured / karstified) and medium to low permeability (10-3 m/s to 10-9 m/s) are limited to Holocene (Deluvium) calc tufa / travertine. They can be described as porous limestones formed by precipitation of spring and river waters. Aquicludes without considerable intergranular, fissured or karstified porosity (permeability < 10-9 m/s) can be found widespread across Kosovo. 3.1.4 Soil Kosovo has a variety of soils that vary according to their composition, pedologic, physical, and chemical characteristics. The pedologic map of Kosovo represents a real mosaic. Most of the territory of Kosovo (56%) is covered by low quality soil, (29%) moderate quality soil, whereas the smallest part (15%) of good quality soil. It is accepted that Kosovo lands are suitable for agricultural production. The types of soil mainly found in Kosovo are humus, silicate humus, grey acidic, red soil, alluvial, diluvia, and blocky soil. Figure 7 Kosovo Soil Map Soil pollution in Kosovo is considered to be the presence of hazardous waste, which is usually not a product of normal pedogenic processes, and which causes soil functions to collapse. Land degradation in Kosovo occurs especially along the main roads and is one of the most widespread and threatening forms of damage to land and the environment. Various reports indicate land occupation by construction, land degradation for economic activities and benefits, and unfavorable land-use decision-making, indicating a negative trend of land conservation for future generations. Revised0Enviro0ning0Land00P1729920.docx 44 Environmental and Social Management Framework Greening Land Land degradation is the result of several specific factors such as: Natural Factors (Large Precipitation and Floods, Erosion and Sliding of Earth and Drought) and Human Factor (Continuous building pressures from chaotic urbanism, soil compression, pollution from Economic and industrial activity (chemical pollution, corrosion interventions, road openings and river exploitation, etc.). The total area of agricultural land in Kosovo is 512,000 ha of land. The utilized land area for agricultural production in 2014 was 413,635 ha or 80% of the total land area. This area is utilized by 129,884 households, with an average land area of utilized agricultural land of 3.2 ha per household. 3.1.5 Geology Kosovo is characterized by a variety of geological formations ranging from old crystalline Proterozoic to youngest Quaternary age, comprising sedimentary and magmatic rocks together with rather less frequent metamorphic rocks. Figure 8 Geotectonic Units of Central Balkan Peninsula and Kosovo The oldest core of the Balkan Peninsula is situated within the Circum Rhodope belt with medium- to high- grademetamorphic crystalline units (Dardania massif / Serbo-Macedonian massif, Rhodope massif, Geticum etc.) and the marginal zones of the Pelagonian massif. As a result of Palaeozoic subduction and Hercynian collision, these Proterozoic and Palaeozoic continental massifs have been merged into a single continent. The Triassic intracontinental rifting led to the break-up of the Palaeozoic continent and to a different evolution of the microcontinents. Later, parts of it (e.g. the Dardania massif / Serbo-Macedonian massif) were tectonically separated and structurally incorporated into the Alpine evolution. The Vardar zone represents the most mobile zone of the Dinarides-Hellenides. This lithologically heterogeneous and tectonically complicated zone was built in the Upper Jurassic and Lower Cretaceous after the stable Palaeozoic crust broke apart and a system of troughs and barriers was generated. In this area, shallow marine limestone can be found up to the Upper Triassic (marine carbonate platform). The separated Dardania massif / Serbo-Macedonian massif became a mainland, thus dominated by erosion. Other areas of stable continental crust already started to break up during the Middle Triassic age, which led to the formation of small troughs, accompanied by more or less intensive rift volcanism. Revised0Enviro0ning0Land00P1729920.docx 45 Environmental and Social Management Framework Greening Land Figure 9 Kosovo Geological Map The Inner-Dinarides trough, which is located southwest of the Vardar zone, also got subdivided into barriers and basins since the Triassic, so facies differences have to be looked at in detail. The occurrences of volcanicsedimentary series starting in Middle Triassic age are a common feature. Basic and ultra-basic magmatic activities have probably been connected to the creation of deep fault zones (rifting) and the formation of the first oceanic crust (opening of the parts of Tethys ocean). A separate barrier with Upper Palaeozoic rocks exists between the Vardar zone in the NE and the Inner- Dinarides in the SW since the Triassic. The flanks of this barrier have been dominated by extensive gravitational marine sediment transports directed towards the Inner-Dinarides trough. Later on, after folding and sliding movements, this barrier probably formed the Drin-Ivanicki element. The Vardar zone (Vardar ocean) and parts of the Dinarides Zone (Mirdita respectively Budva-Pindos oceanic basin) are regarded as an oceanic crust area, divided by the Pelagonian platform. The Middle to Upper Jurassic ophiolites comprise a thick sequence of ultramafic, basic as well as basaltic rocks, which possibly syn-kinetically (in connection with the sea floor formation), but mainly post-kinetically (in connection with later tectonic transportational processes) have been serpentinised, mostly. At the end of the Upper Jurassic and the Lowest Cretaceous, the ocean was closed again. Early Cretaceous “pre -flysch� is composed of fossiliferous clastic rocks, which are unconformable overlain by Upper Cretaceous carbonate followed by mainly sandy-silty flysch sequences. The subduction of an oceanic plate underneath the continental crust of the Carpatho-Balkan arc started in Lower Cretaceous. Hence, the Vardar zone ophiolites may be obducted during this process, whereas the Kopaonik block can be interpreted as the island arc, which was separated from the Rhodopes and Dardania massif / Serbo- Macedonian massif by this marginal basin. These ophiolites were partly accreted onto the active continental margin and covered by rudist limestones and flysch sediments in the Upper Cretaceous. The formation of flysch sediments in the Vardar zone is proven since higher Lower Cretaceous. In some areas (only Revised0Enviro0ning0Land00P1729920.docx 46 Environmental and Social Management Framework Greening Land outside of Kosovo) basal parts of flysch are interlayered with basalts and rhyolites and intruded by anorogenic intraplates granites. Olistostrome horizons are very common in Upper Cretaceous. Compressional tectonics due to subduction-collision mechanisms transformed the basins and platforms into fold and thrust zones in the late stage of the orogenic deformation. As a result of the stable tectonic setting, all major Mesozoic palaeographical units turned into fold and thrust zones, starting NE to SW. Both, the appearance of the microplates together with the accretion of partly small terranes and the transition to younger folding towards SW are characteristic features for the Balkan Peninsula. By the end of the Upper Cretaceous, in the Palaeogene, the subduction was followed by a continent-continent-collision, which led to strong collisional deformation, the uplift of the Dinarides blocks and the overthrusting of flat nappes toward SW. This phase was accompanied by granite plutonism and andesite volcanism in some parts of the Balkan Peninsula and metamorphism of some parts of the Mesozoic graben-sediments. The cumulative tectonic shortening of the crust has been estimated with 500 km. The SW-vergent structures of the Dinarides were formed by geodynamic overthrusting of the geotectonic units from NE to SW in the Palaeogene age. As a result, the Triassic East Bosnian-Durmitor zone is lying above the Adrian foredeep and the Dardania massif / Serbo-Macedonian massif pushed the Vardar zone against the Palaeozoic-Triassic Drin-Ivanicki Element. The Peri-Adriatic Fault (PAF) is seen as the lateral shear lineament between the accreted structural elements (terranes). The low-grade metamorphic rocks, which are common in the Kosovo territory, have to be interpreted in the frame of the extensive subduction processes. In general, the exposure of these rocks has to be connected to the Palaeogene phase of the orogenic cycle. Until now, their metamorphism age was interpreted as pre- Mesozoic, but more likely they are Alpidic. These units are fragments of older, metamorphically overprinted rock series of a tectonically and palaeographically uncertain position. During the Neogene, fracturing and subsidence of intramontane basins became most important. On one side, the southwestern areas (Albania) have been influenced by marine ingression during the Oligocene and Miocene. On the other side, the area of today’s Kosovo was dominated by silty-clayey lacustrine-terrestrial sedimentation (with important lignite deposits) mainly during the Miocene and Pliocene. The gradual development of Cenozoic sedimentation basins ranging from the Eocene basin in the NE (outside Kosovo) to the Pliocene basin in the SW was accompanied by intensive post-collisional andesitic volcanism inside the Vardar zone. The volcanic activity in the Kosovo area, which started in the Oligocene and had its main phase during Miocene, also brought up granodioritic masses. The sedimentary basins are masked on the pre-Neogene structures trending preferentially in NW-SE and NE-SW direction. Their activity continued until the Quaternary. The youngest tectonic activity generated vertical movements, uplifting and subsiding of separated blocks. The central depression (Pejë / Peć – Prizren / Prizren) is a downthrown block (the total subsiding exceeds more than thousand metres), surrounded by upthrown blocks, which still ascend with an uplift rate of 0.4 mm per year. In the Pleistocene, the highest mountains were covered by glaciers. Their glacigene (moraines, lacustrine and fluvial) deposits occur in southern and western part of Kosovo. River terrace sediments can be found up to hundred metres above the actual stream level. Deluvial debris, proluvial fanglomerates and alluvial sandy- gravely deposits in the youngest valleys are of Holocene age. 3.1.6 Ambient Air Quality in Kosovo Many cities in Kosovo suffer from poor air quality, with ambient concentrations of particulate matter with a diameter of 2.5 micrometers or less (PM2.5) significantly exceeding the national and European Union (EU) standards and global air quality guidelines for PM2.5 established by the World Health Organization (WHO). The air pollution in the capital city of Prishtina rivals that of big cities like Beijing, Mumbai, and New Delhi. Especially in winter, urban areas face severe smog episodes, caused by the increased demand for heat from the residential and commercial sector, which is mainly provided by burning solid fuels. Such levels of air pollution are unsafe for Kosovo’s population of 1.9 million and cause significant deleterious health impacts. Ambient air quality is assessed not only by the concentration of a pollutant but also by the number of times that the limit value for that pollutant is exceeded. Ambient air quality standards in Kosovo are provided in Table 5 along with EU limit values and WHO guideline values. K osovo’s air quality standards are aligned with EU air Revised0Enviro0ning0Land00P1729920.docx 47 Environmental and Social Management Framework Greening Land quality standards. Limit Values for annual average ambient concentrations of PM 2.5 and particulate matter with a diameter of 10 micrometers or less (PM10) are exceeded at most of Kosovo’s air quality monitoring stations. According to Kosovo’s air quality standards, the 24-hour or daily mean concentration of PM10 should not be exceeded more than 35 times in a calendar year. In 2015, the following number of days of exceedances of the daily mean concentration were observed at monitoring stations, including Obiliq (90 days), Gjilan (75 days), Prishtina-IHMK (74 days), Prishtina-Rilindja (66 days), Drenas (61 days), and Hani i Elezit (45 days) (KEPA 2017). No exceedances were reported for SO2, carbon monoxide (CO), nitrogen dioxide (NO2), and ozone (O3) during the same period. Table 5 Air Quality Standards Kosovo ambient air EU ambient air WHO air quality Pollutants Averaging Period quality standard quality standard guideline value PM10 Annual average 40 μg/m3 40 μg/m3 20 μg/m3 24 hours 50 μg/m3 50 μg/m3 50 μg/m3 24 hours (information threshold) 100 μg/m3 n.a. n.a. 24 hours (alert threshold) 100 μg/m3 n.a. n.a. PM2.5 Annual average 25 μg/m3 25 μg/m3 10 μg/m3 24 hours n.a. n.a. 25 μg/m3 O3 Maximum daily 8 hours average 120 μg/m3 (long-term 120 μg/m3 100 μg/m3 1 hour (information threshold) objective) n.a. n.a. 1 hour (alert threshold) 180 μg/m3 n.a. n.a. 240 μg/m3 NO2 Annual average 40 μg/m3 40 μg/m3 40 μg/m3 1 hour 200 μg/m3 200 μg/m3 200 μg/m3 Alert threshold 400 μg/m3 n.a. n.a. SO2 24 hours 125 μg/m3 125 μg/m3 20 μg/m3 1 hour 350 μg/m3 350 μg/m3 500 μg/m3 Alert threshold 500 μg/m3 n.a. n.a. 10 minutes n.a. n.a. 500 μg/m3 CO Maximum daily 8 hours average 10 mg/m3 10 mg/m3 10 mg/m3 Maximum daily 1 hour average n.a. n.a. 30 mg/m3 Lead Annual average 0.5 μg/m3 0.5 μg/m3 0.5 μg/m3 Benzene Annual average 5 μg/m3 5 μg/m3 n.a. Ambient Air Pollution, notably PM2.5 is a problem in cities and urban centers in Kosovo. Results from Prishtina show that most exceedances of ambient air quality standards occur during the winter season. The lack of long-term air quality monitoring data precludes detailed assessment of air quality status and trends, which are essential for informing the identification and selection and assessing the effectiveness, of interventions and measures to reduce air pollution. In addition, the existence of several outliers in PM monitoring data may suggest problems related to data quality control and assurance. Nonetheless, the average PM 2.5/PM10 ratio, greater than 0.5 at three stations in the vicinity of Prishtina, suggests that PM air pollution from combustion sources is dominant. Furthermore, the results suggest that combustion of solid fuels is a more dominant source of PM during the colder months. Although there are shortcomings related to completeness of monitoring data and long-term data are not available for detailed assessment, the existing data and the analyses show that PM pollution is a significant problem in Kosovo and needs to be addressed urgently. 3.1.7 Biodiversity and nature protection Kosovo, although it is a small area (10,889 km2), is quite rich in plant diversity. According to various authors' remarks, it is believed that in Kosovo are present nearly 2,800 to 3,000 species of vascular flora. Uncontrolled deforestation, habitat degradation, global climate change are factors that directly affect different plant and animal species to face the risk of extinction. Important habitats are being damaged and degraded and ecosystems are being destabilized as a result of human intervention in particular in ecosystems near settlements. In recent years, as a result of unattractive forests and forest fires, different species are at risk of losing their habitat and the emergence of invasive species that often change the ecosystem's floral structure. Revised0Enviro0ning0Land00P1729920.docx 48 Environmental and Social Management Framework Greening Land Although Kosovo's diversity has been exploited for centuries, it is worrying that recent exploitation is not very rational and without planning, which in the future may result in unpredictable consequences. Major damage is being caused to the medicinal, aromatic and industrial plants from their improper collection. In terms of fauna, Kosovo is characterized by a wide variety of species, although researches in this regard have not been completed. The overall condition of fauna is good as a result of the expansion of the protected areas. Damage to fauna in Kosovo is caused by illegal hunting that occurs from time to time, especially during the weekends in the protected areas. Of the most vulnerable species from illegal hunting are deer and wild goats, while situation is better for brown bear and wolf. Endangered are also the types of predatory birds. It is estimated that in Kosovo live about 250 species of vertebrates, 200 species of butterflies and over 500 taxa of macro zoobenthos of water. The exact number of fauna species should be determined based on the inventory that is planned to be implemented in the future as during the drafting of the Red Book for fauna and other projects. The number of protected nature areas in Kosovo (2016) is 173 and includes an area of 126,070.29 ha, or approx. 11.55% of Kosovo's total area. Within these areas there are 19 Strict Nature Reserves ("Koretnik", "Lubeteni", "Arnen Reservoir", "Maja e Rops", "Rusenica", "Kamilja", "Pisha e Madhe", Bistra etc. (NP "Sharri", PK "Bjeshkët e Nemuna"), 1 Nature Park (Pashtriku and Lake Vermicë) 146 Monuments of Nature ("Drini i Bardhë with Radavc cave", "Cave of Gadime"," Mirusha Waterfalls "," Rugova Gorge"," Drini i Bardhë Canyon at the Ura e Fshejtë ", Trungu i Rrapit në Marash", Shpella e Panorcit, etc.), 5 Landscapes ("Gërmia", "Shkugeza", etc.), and 1 Special Protected Zone of Birds ("Ligatina e Hencit, Radeva"). The largest areas of protected areas are National Parks: "Bjeshkët e Nemuna" and "Sharri", Nature Park "Pashtrik Mountain and Lake Vermicë" Protected Landscapes "Germia" and "Waterfalls of Mirusha" etc. 3.1.8 Forests Kosovo forests, forest land, and fallow land make up to around 47 % of total surface area. Forests make up 460,800 ha, or 89.93 %; forest land 28,200 ha, or 5.50 %; and fallow land 23,400 ha, or 4.57 %. Forests represent a resource of special importance. However, as a consequence of inappropriate management of forest in the past, the result is heavy degradation of forests. Around 61.63 % of forests are publicly owned, whereas the remaining 38.37 % is in private ownership. According to statistics from the Kosovo Forest Agency, approximately 222,000 m3/year of wood is felled for construction and heating purposes. The whole volume of wood covers around 54 million m3. The average volume of wood per hectare is approximately 90 m3, and average annual growth is about 3 m3 per ha. The high demand for wood in the aftermath of the conflict is putting increasing pressure on the long term sustainability of forest ecosystems. 3.1.9 Social Environment Context Kosovo is a parliamentary republic. It declared independence on February 17, 2008 and is recognized as an independent country by more than 100 United Nations members and by 23 out of 28 members of the European Union (EU). Kosovo is a potential candidate for EU membership and signed a Stabilization Association Agreement with the EU in October 2015 that has been in force since April 2016. Early parliamentary elections were held on October 6, 2019, and a new government has yet to be formed. Although Kosovo’s economic growth has outperformed its neighbors in the past decade and has been largely inclusive, it has not been sufficient to provide enough formal jobs, particularly for women and youth, or to significantly reduce the high rates of unemployment. The growth model relies heavily on remittances to fuel domestic consumption but has recently shifted to more investment- and export-driven growth. To continue to grow and fully reap the benefits of EU integration, Kosovo needs to unleash productivity gains and create more quality jobs. This will require addressing infrastructure bottlenecks and creating an environment more conducive to private sector development. Governance and the rule of law must be strengthened. Kosovo’s young population needs to be equipped with the skills demanded by a modern economy and the most vulnerable of its citizens protected by well-targeted and effective social programs. Gender gaps in access to economic opportunities remain one of the country’s main challenges. Further actions are also needed to promote environmental sustainability, including the fulfillment of the EU’s environmental acquis. Revised0Enviro0ning0Land00P1729920.docx 49 Environmental and Social Management Framework Greening Land Recent Economic Developments The Kosovar economy grew consistently above the Western Balkan average in the post-global financial crisis period, albeit from a low base. GDP per capita grew from US$1,088 in 2000 to US$4,312 in 2018. Despite this tripling of income per capita over the past 18 years, Kosovo remains the third-poorest country in Europe in terms of GDP per capita. During 2009–18 real GDP grew on average by 3.5 percent. This strong growth performance is expected to continue in 2019 with a projected growth rate of 4 percent, driven by consumption and service exports and supported by investment. The non-tradable sectors dominate output and employment in Kosovo. Services represent the largest sector in the economy, with a share of value added at more than 50 percent of GDP. Industry is small by regional standards at 17.5 percent of GDP, of which manufacturing is 11 percent. The agriculture sector remained relatively large at 8.3 percent of GDP in 2018. The current account deficit (CAD) is projected to be 8.7 percent of GDP in 2019, despite the relatively good performance of exports, as imports are expected to rise from a higher base. Kosovo is a euroized economy, and its headline macro-fiscal policies continue to be stable. The fiscal rules in place are supported by a healthy banking sector. The overall deficit is expected to be 2.9 percent of GDP at end-2019 but will be in line with the fiscal rule deficit ceiling of 2 percent, as the definition of the deficit excludes capital expenditures financed by international financial institutions (IFIs) and privatization proceeds. Poorly targeted social protection spending remains high and continues to limit the fiscal space. The stock of public debt is low but has been rapidly increasing in recent years. Public and publicly guaranteed debt is estimated at 17.7 percent of GDP for end-2019, the lowest in the Western Balkans, offering the country room to borrow on concessional terms for productive investments with a high rate of return. One-third of public debt is external, mainly from IFIs. The financial sector in Kosovo, which is dominated by the banking sector, is healthy and sound. Banks are well- capitalized and profitable, with high capital adequacy ratios and a low and declining ratio of nonperforming loans that was at 2.5 percent in February 2019. Both credit and deposits continued to grow, reaching a year-on-year growth of 1 percent and 11.9 percent, respectively, at the end of August 2019. Economic Outlook Kosovo’s medium-term growth outlook is positive and on an upward trend. This is subject to the country’s ability to establish some political stability, however, and to maintain fiscal sustainability by limiting growth in current spending and creating a better business climate that enables productive investments. Near-term growth is expected to continue to be driven by investment and consumption. This includes investment in public infrastructure, financed by privatization proceeds, including in new/rehabilitated power generation capacity and in new donor-financed projects under the investment clause of the fiscal rule. A better absorption capacity of public investment projects could lead to slightly higher growth, especially in 2019–21. Population During 2020 Kosovo population is projected to increase by 1,086 people and reach 1,811,452 in the beginning of 2021. The natural increase is expected to be positive, as the number of births will exceed the number of deaths by 4,345. If external migration will remain on the previous year level, the population will be declined by 3,259 due to the migration reasons. It means that the number of people who leave Kosovo to settle permanently in another country (emigrants) will prevail over the number of people who move into the country (to which they are not native) in order to settle there as permanent residents (immigrants). Population change rates in 2020 According to our estimations, daily change rates of Kosovo population in 2020 will be the following: • 36 live births average per day (1.49 in an hour) • 24 deaths average per day (0.99 in an hour) • -9 emigrants average per day (-0.37 in an hour) The population of Kosovo will be increasing by 3 persons daily in 2020. Revised0Enviro0ning0Land00P1729920.docx 50 Environmental and Social Management Framework Greening Land Demographics of Kosovo 2019 As of 1 January 2020, the population of Kosovo was estimated to be 1,810,366 people. This is an increase of 0.06 % (1,086 people) compared to population of 1,809,280 the year before. In 2019 the natural increase was positive, as the number of births exceeded the number of deaths by 4,342. Due to external migration, the population declined by 3,257. The sex ratio of the total population was 1.060 (1,060 males per 1 000 females) which is higher than global sex ratio. The global sex ratio in the world was approximately 1 016 males to 1 000 females as of 2019. Below are the key figures for Kosovo population in 2019: • 13,027 live births • 8,685 deaths • Natural increase: 4,342 people • Net migration: -3,257 people • 931,548 males as of 31 December 2019 • 878,818 females as of 31 December 2019 Kosovo population density Kosovo population density is estimated at 166.3 people per square kilometer as of March 2020. Density of population is calculated as permanently settled population of Kosovo divided by total area of the country. Total area is the sum of land and water areas within international boundaries and coastlines of Kosovo. The total area of Kosovo is 10,887 km2 according to the United Nations Statistics Division. Religion in Kosovo • Islam: 1,575,236 people or 87.0% of total population • Christianity: 206,410 people or 11.4% of total population • Religiously Unaffiliated: 28,970 people or 1.6 % of total population. Kosovo age structure • 27.2% under 15 years old • 66.1% between 15 and 64 years old • 6.7% above age of 65 In absolute figures (estimate): • 491,913 young people under 15 years old (255,913 males / 235,999 females) • 1,197,195 persons between 15 and 64 years old (625,083 males / 572,130 females) • 121,240 persons above 64 years old (51,233 males / 70,007 females) Age dependency ratio Dependency ratio of population is a ratio of people who are generally not in the labor force (the dependents) to workforce of a country (the productive part of population). The dependent part includes the population under 15 years old and people aged 65 and over. The productive part of population accordingly consists of population between 15 and 64 years. This ratio shows the pressure on productive population produced by the dependent part of population. The total dependency ratio of population in Kosovo is 51.2 %. What does this value mean? It shows that the dependent part of population is more than a half of the working part. It means that the working population (labor force) in Kosovo must provide goods for itself and cover expenditure on children and aged persons (this population is more than a half of working population). The value of more than 50% shows that the pressure on productive population in Kosovo is relatively high. Child dependency ratio Child dependency ratio is a ratio of people below working age (under 15) to workforce of a country. Child dependency ratio in Kosovo is 41.1 %. Revised0Enviro0ning0Land00P1729920.docx 51 Environmental and Social Management Framework Greening Land Aged dependency ratio Aged dependency ratio is a ratio of people above working age (65+) to workforce of a country. Aged dependency ratio in Kosovo is 10.1 %. Source: The estimation data for section "Kosovo age dependency ratio" is based on the latest demographic and social statistics by United Nations Statistics Division. Life expectancy Life expectancy at birth is one of the most important demographic indicator. It shows the number of years a newborn infant would live assuming that birth and death rates will remain at the same level during the whole lifetime. Total life expectancy (both sexes) at birth for Kosovo is 69 years. This is below the average life expectancy at birth of the global population which is about 71 years (according to Population Division of the Department of Economic and Social Affairs of the United Nations). • Male life expectancy at birth is 67 years. • Female life expectancy at birth is 71 years. Revised0Enviro0ning0Land00P1729920.docx 52 Environmental and Social Management Framework Greening Land 3.2 Selection of Candidate Sites The indicative shortlist17 of demonstration sub-projects grouped by potential future land use or redevelopment options under Sub-Component 1.2 is as follows: d) Development of parks and public spaces: (vi) An asbestos impacted area in Hani i Elezit to create a linear park, linking to an existing development blueprint already prepared by the municipality and probably also involving improvement of an existing storage site (meeting European standards) to manage removed asbestos from old buildings and excavated contaminated soil if any during remediation. (vii) Mitrovicë Industrial Park to establish a “Peace Park� across the different communities of Mitrovic ë. A master plan integrating remediation and redevelopment could also support fund-raising and building partnerships for the “Peace Park� regeneration and serve as the technical basis for effective cleanup under the next phase of contaminated land management. e) Provision of clean water resources: (viii) the Artana mine Tailings site – polluting the water ends up in the area of the future Kramenata dam reservoir that is to be supported by the World Bank’s FLOWS project and promoting sustainable mining to prevent further pollution (ix) Piloting integrated greener industry and repurposing of historic flotation waste tailings as a basis for replication in the next phase across various Trepça sites and facilities. f) Integrated municipal solid waste management (x) Remediation of the Mirash Regional Waste Landfill in Obiliq Site selection will be undertaken in consultation with the government during implementation and will follow a set of criteria, including: (iv) relatively less extent of remediation complexity, in order to demonstrate success; (v) potential of strong community engagement, and high potential of integrating remediation with economic and social benefits, such as public amenity and regeneration, water resource protection, renewable energy development, materials recovery, greener industry promotion, and capacity building and demonstrating results within the project period; and (vi) the possibility of financial contribution from (national or local) government or private sector associated with the site. 3.3 Project Influence Area The project influence area (PIA) will vary depending on the level and type of pollution, impact on human health, visible pollutions, past project, areas already impacted by pollution, the remaining assimilative capacity of the environment, close proximity to the biodiversity or sensitive areas. In addition, some of the remediation and rehabilitation activities can have indirect impacts that lead to a larger project influence area compared to that if only direct impacts are considered. Therefore, a guideline for the project influence area is required for different potential impacts during pre-construction, construction, operation & maintenance as well as decommissioning phases of each activity. In some cases, sourcing locations of raw materials also need to be considered within the project influence area. Table 6 Error! Reference source not found.provide guidelines for influence area considerations for the main sub-project activities. Table 6 Tips of Defining Project Influence Area Pollution/Area Possible activities PIA to include Asbestos impacted area in Hani i Asbestos removal/containment Along Lepenci River, specifically segment Elezit Linear park set up between Seqishta bridge and Fejza bridge Flood protection where thick layers of asbestos waste are found on both side of the riverbank, households and area west of Customs terminal (former Sharr Sallonit factory). the museum locations; the storage tanks locations 17Participating sites may or may not be in the shortlist, taking into account sites may drop from the project due to unexpected reasons. Revised0Enviro0ning0Land00P1729920.docx 53 Environmental and Social Management Framework Greening Land Pollution/Area Possible activities PIA to include village of Gorancë where the asbestos is deposited. Mitrovicë Industrial Park Removal/containment of multiple sources Trepça Industrial Park area (approx 130 of pollution/waste matrials hectaes) located between Mitrovica town and Peace Park establishment Shupkovc village, along Sitnica river. Artana mine Tailings site Tailing coverage Artana tailings are located in the drainage Removal of tailings for reprocessing basin of the upper Krivareka River, which is a tributary to the Morava e Binçës Bird view of water pollution from the tailing site Mirash Regional Waste Landfill Landfill coverage Mirash landfill area (approx 50 hectares) located in former Mirash coal mine, between village Crkvena Vodica, KEK’s hydraulic ash disposal site, and area reserves for future power plant ash disposal site. 3.4 Guideline of Baseline Data Collection The following activities need to be done to describe the baseline environment of the study area: 1) Determination of influence area: Areas that will be directly impacted by the activities. These include ancillary facilities, temporary construction areas, borrow areas, access routes for transport of material and equipment. 2) Information on Health and Safety issues: This information relates to health and safety of employees and workers. 3) Collection of primary and secondary data: The environmental baseline condition in the component study area needs to be characterized using both primary and secondary data. Primary data can be collected by the PIU field team during visits to the study area, through rapid rural appraisal (RRA), focus group discussions (FGD), key informant interviews (KII) and public consultations. Secondary data can be collected from maps and databases. a) Physical environment: geology (general description for overall study area and details for land application sites); topography; soils (general description for overall study area and details for land application sites); monthly average temperatures, rainfall and runoff characteristics; description of receiving waters (identity of streams, lakes, annual average discharge or current data by month, water quality; existing discharges or withdrawals); contamination type and history, pollution generation node, pollution discharge, pollution accidents,. b) Biological environment: terrestrial communities in areas affected by pollution and contamination, land application or disposal; aquatic communities in affected waters; rare or endangered species; sensitive habitats, including parks or reserves, significant natural habitats; species of commercial importance in land application sites and receiving waters. c) Sociocultural environment: present and projected population; present land use/ownership; planned development activities; community structure; present and projected employment by industrial category; distribution of income, goods and services; recreation; public health; cultural properties; indigenous peoples; and customs. d) Pollution Assessment: Production, generation and storage of hazardous substances: for example, types, utilization and stock of hazardous chemicals and petroleum products, storage facilities and utilization conditions, as well as treatment of hazardous substances. The activities will include: • Investigation of suspicious pollution source, including location, type, scale and control measures of pollution source; analysis of potential pollutants, contaminated area and means of contamination; • Investigation of pollution evidence: for example, vegetation damage, damage and corrosion of vessels and sewage disposal facilities, peculiar smell on the site, as well as stains and traces of corrosion on the ground, roofs and walls. • Investigation places involving hazardous substances: including types, quantity, storage conditions and transportation lines of hazardous substances, whether power and hydraulic equipment are using PCB equipment or not, types of insulation materials for equipment, etc. • Investigation of structures: including quantity and age of the nearby power plants, mines, landfills, the floor decoration and stains of the production area, the storage area and the waste disposal site and utilization of sewage treatment structures and wells especially. Revised0Enviro0ning0Land00P1729920.docx 54 Environmental and Social Management Framework Greening Land • Investigation of surrounding areas (i.e. potential pollution risk receptors), including pollutant discharge of enterprises surrounding the site, residence communities, schools, hospitals, drinking water source protection areas which might be affected. • Investigation of pollution legacy record, current pollution point of the area. 4) Information of Historical Pollution: a) Build contaminant site conceptual model According to the drilling data, main contaminants of concerns (COCs) level in soil and groundwater, and future land use, complete the conceptual site model, including determination of site formation and thickness, buried depth of the groundwater table, groundwater flow direction and velocity, COC distribution in soil and groundwater, potential receptors and exposure pathways. b) Site risk assessment Based on the testing results of soil and groundwater sample, draw the spatial distributions of different COCs in both soil and groundwater. Based on the future land use of the site, assess the site risk and then calculate human health risk of the soil and the groundwater. Propose the remediation goals for each COCs based on risk calculation, screening levels, quality standards, and so on. Determine the remediation scope and the amount of soil and groundwater which needs to be cleared / remediated. c) Site risk assessment report. According to the above contents, complete POPs contaminant risk assessment report, and raise suggestions on soil/waste pollution classification and remediation technology choices. 4 Environment and Social Screening and Impacts 4.1 Environmental Screening Each sub-project shall be appraised through primary environmental and social screening. The objectives of screening are to (i) screen the social and environmental impacts and risk of a subproject; and (ii) determine the type/s of mitigation measures, assessment, specific plan(s) or safeguard instrument(s) to be prepared based on the outcomes of the screening. The screening process could also be used to identify eligible or ineligible subprojects. This is done by analyzing the proposed sub-project activities in relation to their environmental & social context (surrounding area) using a checklist approach. Environmental and Social Screening Form is provided in Annex 2. Depending on the baseline information and environmental screening, the next step will be the analysis of alternatives to ascertain the type of activities. The sub-projects with physical works/interventions require screening. The environmental and social safeguard screening will occur during the project preparation stage as a soon as the fairly accurate site location(s) is (are) known for the sub-project. The environmental and social screening form provides a preliminary assessment of the potential impacts of the sub-project and proposal of mitigation measures. The forms (provided in Annex 1 and Annex 2) will help to identify issues which can be verified during field investigations and also provide a preliminary idea regarding the nature, extent, and timing of environmental and social issues that would need to be handled during the subsequent stages. It will also help to identify opportunities for avoidance or minimization early in the project cycle so that the design process can be informed appropriately. The screening forms will also help to identify the scope of further assessments and timeframe required for obtaining the regulatory clearances (if any). If further assessments and plans (such as ESIA, ESMP, RAP, etc.) are deemed necessary (for higher risk sub-projects), these plans will be prepared according to ToRs included in ESMF (Annex 4 and Annex 5). If the screening output indicates that a particular sub-project activity is expected to have low negative impacts, then appropriate mitigation measures need to be considered as part of Annex 2, i.e. Environmental and Social Screening Summary. 4.2 Guidelines for Analysis of Alternatives It is commonly thought that remediation can only result in an environmental improvement. However, while the remediation of contaminated land and the associated water environment is carried out with improvement in mind, the remedial activity itself has the potential to adversely affect human health or the environment. Potential Revised0Enviro0ning0Land00P1729920.docx 55 Environmental and Social Management Framework Greening Land risks must be controlled, to ensure that remediation will result in an environmental improvement. This is normally achieved through the implementation of an appropriately designed remediation scheme and the application of legislative control, over and above that which sets the remediation objectives. This is the reason why Analysis of Alternative is necessary. The analysis of alternatives of the Remediation and Redevelopment plan for the contaminated site, should be carried out on a level of applied remediation strategies, rather than a technology level. Based on this, in the ESIA study will be analyzed the following alternatives in the following way: • Step 1: Site Description • Step 2: Types of Alternatives (a) Zero alternative or ‘to do nothing’ alternative (b) Alternatives for remediation and redevelopment of the contaminated land with respect to (i) proposed activities and (ii) proposed technologies • Step 3: Assessment of Alternatives • Step 4: Recommended Action 4.2.1 Step 1: Site Analysis • Site Assessment Findings (briefly summarize the environmental investigations that have occurred at the site, including what the Phase I and Phase II assessment reports revealed in terms of contamination present, if applicable). The development of contaminated sites is not without risk. Any remediation activity to address land contamination should be designed and planned so risks can be managed appropriately. Historical activities may have left a legacy of contamination which needs to be remediated to mitigate the risk to human health and the environment. Therefore, a prerequisite for redevelopment is a site investigation to: ✓ characterize the risks to human health and the environment from the presence of pollutants, ✓ develop site-specific remediation criteria which eliminate or mitigate these risks. • Place the reuse plan of the site. Land remediation restores previously marginal land to productive use and conserves undeveloped areas. It is thus an important aspect of sustainable development, especially with regard to resource management and reducing dependency on landfill. • Summarize the Applicable Regulations and Cleanup Standards. In carrying our any contaminated soil remediation activities, it is important to determine what is considered as a contaminated soil. The MOIE AI No.11/2018 on Limited values of emissions of polluted materials into soils is a non- exhaustive list of contaminants, and is missing limit values specific to Candidate Sites, such as asbestos. Table 7 Limited Values of Soil contamination Soil contamination limitations according to Administrative Instruction No.11/2018, published by MOIE Measured Units Parameters B - Acceptable contamination, but C - High contamination and A - Clean further investigations are required needs to be cleaned Arsenic mg/kg of dry soil 30 55 80 Barium mg/kg of dry soil 200 625 2000 Cadmium mg/kg of dry soil 3 12 25 Chromium mg/kg of dry soil 300 600 800 Cobalt mg/kg of dry soil 20 240 300 Copper mg/kg of dry soil 200 300 500 Lead mg/kg of dry soil 200 300 600 Mercury mg/kg of dry soil 1.5 5 10 Molybdenum mg/kg of dry soil 10 40 200 Nickel mg/kg of dry soil 300 600 800 Selenium mg/kg of dry soil 2 100 200 Tin mg/kg of dry soil 20 50 300 Zinc mg/kg of dry soil 300 500 1000 For asbestos in soils, a conservative concentration of 1,000 mg/kg (i.e. 0,1% in mass) can be used as a preliminary decision-making threshold to determine how to approach excavation and handling of the material in Revised0Enviro0ning0Land00P1729920.docx 56 Environmental and Social Management Framework Greening Land a specific construction site. The value of 1,000 mg/kg to determine whether a waste containing asbestos is hazardous or not is the threshold defined by the European Commission notice on technical guidance on the classification of waste (2018/C 124/01) dated 09 April 2018 based on Directive 2008/98 /EC (‘Waste Framework Directive’ or ‘WFD’) and Commission Decision 2000/532/EC on the list of waste (‘List of Waste’ or ‘LoW’), as revised in 2014 and 2017. Contaminated soils which require treatment during site redevelopment are likely to fall within the scope of the definition of waste in the revised Directive on Waste 2008/98/EC (as amended). These guidelines seek to ensure that the objectives set out in Article 13 of the revised Waste Framework Directive are met and that the Directive’s effectiveness is not undermined. In these cases, the material will be required to be treated prior to reuse, removed from site as waste, or considered as disposal of waste by landfill. Under the Landfill Directive (1999/31/EC), a Pollution Prevention Control (PPC) permit (a landfill permit) will be required for disposal in landfill. Where contaminated soil is excavated and it is proposed to deposit it in an engineered cell on the site of excavation, this will be regarded as waste disposal by landfill. A PPC landfill permit will be required. In cases when soils are contaminated with asbestos, the current understanding is that: • Asbestos is not considered to be a suitable material for backfilling or other construction purposes. • Asbestos must not be backfilled or otherwise reused in site works. Such backfilling is considered as disposal of waste by landfill and a PPC landfill permit will be required In order to define the baseline scenario considering all the potentially impacted environmental and social components, a preliminary verification of the potential impacts needs to be carried out, identifying the project actions able to interfere with the environmental components during construction, operational and decommissioning phases. 4.2.2 Step 2: Types of Alternatives • With application of this alternative zero alternative or �to do nothing� alternative, the situation of the contaminated land will remain as it is now. The discussion can include the context from the view point of (i) unmanaged pollution (ii) exposure to health (iii) impact on other development plan of the Government in the surrounding area. • Alternatives for remediation and redevelopment of the contaminated land with respect to (i) proposed activities and (ii) proposed technologies ➢ Proposed Remediation Activities: The remediation activities may explore different options including (i) capping (ii) excavation with offsite disposal. After the remediation the redevelopment activities should also be compared. ➢ Proposed Technologies: While discussion on the capping/top cover comes in it should include comparative analysis of different capping/top cover solution or containment. The discussion of technologies for the offsite disposal will compare the solution with respect to disposal site, methodologies of disposal. After the excavation comparison the redevelopment activities should also be compared. 4.2.3 Step 3: Assessment of Alternatives A qualitative and quantitative initial assessment of the alternatives can be performed based on the selected indicators. For qualitative analysis to get an impression of how the alternatives would compare a rating of each alternative to one another can be scored. This rating is given as follows; • Very poor; the alternative scores significantly worse than average on this category • Poor; the alternative scores worse on this category than the average • Moderate; the alternative scores average on this category • Good; the alternative scores better than average on this category • Very good; the alternative scores much better than average on this category The following parameters are proposed. Depending on the type of COC and activities, the parameters can be revised. • Environmental Environmental assessment of remediation alternatives is centered around the following categories: Revised0Enviro0ning0Land00P1729920.docx 57 Environmental and Social Management Framework Greening Land 1. Air; the impact the remediation may have on the quality of the air, in terms of greenhouse gas emissions, NOx, SOx and particulates. 2. Soil and ground conditions; changes in physical, chemical and biological soil conditions that effects the functions provided by these soils 3. Groundwater and surface water; effects of the remediation on the functions of the ground and surface waters as well as their availability 4. Ecology; effects of the remediation on ecology 5. Natural resources and waste; Impacts and benefits for use of land, waste and raw materials 6. In our assessment we give a rating, relative to the other alternatives for each of the five categories. • Social Social assessment of remediation alternatives is centered around the following categories; 1. Human health and Safety; mitigation of human health risks. Health and Safety during remediation works 2. Ethics and equality; Is equality addressed, is polluter pays principle addressed, are work impacts unreasonably disproportionate to particular groups, is there avoidable transfer of contamination to future generations 3. Neighborhood and locality; Impacts on the neighborhood during the remediation works, wider effects of site change use 4. Communities and community involvement; effects on local culture and vitality, inclusivity in decision making process, compliance with planning objectives 5. Uncertainty and evidence; Robustness of sustainability appraisal of alternatives, quality of data, ability to cope with variation, remediation criteria. • Economic Economic assessment of remediation alternatives is centered around the following categories; 1. Direct economic costs and benefits; direct costs and benefits for the remediation. Additional site value, liability discharge 2. Indirect economic costs and benefits; Long term or indirect costs and benefits 3. Employment and employment capital; Job creation, employment levels (short and long term), skills levels (before and after), education, innovation and new skills 4. Induced Economic costs and benefits; inward investment, ability to affect other projects in the area 5. Project lifespan and flexibility; duration, success chance, altering economic circumstances, ongoing costs 4.2.4 Step 4: Recommended Action Based on the ecological, environmental, social and economic benefit, the remediation plan and redevelopment activities are finalized. 4.3 Impact Assessment The environmental impact assessment should be aligned with the Environmental and Social Standards (ESS1- 10). The detail impact assessment guidelines are presented in Annex 7. The following impacts on the physical and biological environment can be expected: • Noise pollution and disturbance. This can be caused by operation of vehicles, machineries and equipment. For example, demolition works and excavation can generate excessive noise that can cause disturbance to people and the fauna near the project interventions. • Air Pollution. This impact can be caused by dust or gaseous emissions. Dust caused by vehicle movement and land clearing can impact on fauna and flora. Gaseous emissions from construction vehicles and motorized equipment can also temporarily impact local air quality. Excavation of contaminated soils (with COC) and removal of waste products can impact air quality near excavation site and increase levels of contaminant exposure. Revised0Enviro0ning0Land00P1729920.docx 58 Environmental and Social Management Framework Greening Land • Soils impact. With need to construct new landfill(s) if designed and managed improperly can cause soil pollution. Also, improper storage, handling, spillage or leakage of fuels, chemicals and waste at construction sites can cause soil pollution. • Vibration impacts can occur during demolition, excavation and heavy vehicle movement. Vibration can disturb the local sensitive fauna living near the construction sites or nearby forest areas. • Surface water impacts can occur due to works and alteration in terrain. For example, unintentional runoff from site can cause pollution to water bodies and harm aquatic flora and fauna. Also, project interventions can alter the natural drainage pattern (e.g. construction of bridges and culvers). Runoff from sites where waste materials have been disposed improperly can cause water pollution. • Groundwater impacts can occur due to various project activities. For example, percolation from waste disposal sites can cause pollution of aquifers. Also spills and leakage of fuels, chemicals and oils at the construction site facilities can cause groundwater pollution. • Flora (vegetation) impacts can occur through clearing of vegetation, cutting of trees, etc. • Fauna (animals) impacts can occur through habitat loss – temporary or permanent loss of habitat due to land clearing/conversion and/or tree felling. Disturbance of riparian and aquatic ecosystem can occur during bridge/culvert construction. The following impacts on the labor and community can be expected: • Unsafe working conditions may cause health risks to site workers. • Lack of or improper use of PPE may expose site workers to health risks during site activities, such as demolitions of old flotation plant. • Heavy vehicle movements can cause traffic to the project influenced areas and female and school going children may feel unsafe. • Without proper signage and fencing, the public may enter construction site risking injury or death caused by various construction activities and heavy vehicular movement. • High sound levels can cause hearing injury to site workers and excessive sounds can disturb community within project influence area • Unintended tailings material slides during excavation/grading works causing temporary river flow blockage and then mud floods. Potential impacts on workers’ and community health and safety during operation stage include: • Improper operation and maintenance of Acid Mine Water Treatment Plant and associated treatment plant sludge disposal site can impact the river and health of communities downstream. • Other Impact may require land acquisition. Project may also include temporary or definitive closure of business. • Sites may include moderate and intensive transport of materials and people on a distance over 1 km, on public roads, near and through settlements or socially important locations such as schools, religious objects, recreational locations, hospitals, etc. Revised0Enviro0ning0Land00P1729920.docx 59 Environmental and Social Management Framework Greening Land 4.4 Guidelines for Associated Facilities Associated facilities are not funded by the project but (i) directly and significantly related to the project and (ii) carried out or planned to be carried out, contemporaneously with the project and (iii) necessary for the project to be viable and would not have been constructed, expanded or conducted if that project did not exist. • The following points to be noted: o Associated facilities will meet the requirements of the ESSs to the extent that the Borrower has control or influence over them; o A common approach with the associated facilities’ financiers and implementors to be agreed. • Steps to be followed: o The Environmental and Social Screening and consultation will identify the associated facilities; o The ESIA will include the impacts and mitigation measure due to the associated facilities; o MoIE along with the ESIA team will discuss the mitigation measures of the associated facilities and agree on the approach of implementation; o The monitoring report will include the status of the ESSs application of the associated facilities. Revised0Enviro0ning0Land00P1729920.docx 60 Environmental and Social Management Framework Greening Land 5 Environment and Social Management Plan This section provides guidelines on Environmental and Social Management Plans (ESMPs) for the different sub-projects. These guidelines can be used for preparing mitigation measures for low risk sub-projects and for the preparation of ESIA/ESMP for higher risk subprojects. RPF provides guideline to be followed to prepare RAP if required. An ESMP focuses on implementation phase activities of sub-projects (pre-construction, construction, operation & maintenance and decommissioning) and ensures that the project impacts are reduced to acceptable levels within the Project Influence Area (PIA). Thus, ESMP becomes the document for ensuring that all the preceding analysis is used to preserve or improve overall environmental quality within the influence area of the proposed project. The ESMP should be specific, clearly and concisely describing adverse impacts, selected mitigation measures to bring it to an acceptable level and timelines for implementing these measures. The ESMP aims to ensure that the compliance of all activities undertaken during implementation of the proposed project with the environmental and social safeguards requirements of the World Bank and GoK. The structure of an ESMP is based on: 1. Potential adverse impacts identified in the PIA (Please verify the PIA identified during screening) and mitigation measures to be adopted, together with conditions within which one or other measure would apply and their integration with phases – Pre-construction, Construction, Operation & Maintenance and Decommissioning 2. Enhancement plans for positive impacts 3. Monitoring Plan with indicators, mechanisms, frequency, locations 4. Budgetary allocations for all the above activities 5. Institutional arrangements for each activity and mitigation measures 6. Implementation schedules for each activity and its integration with the sub-project implementation timelines 7. Reporting procedures, including for redressing grievances related to environmental and social issues 5.1 Summary of the Steps of Management Plan This Section of the ESMF describes the mitigation approach that should be considered to reduce significant impacts of sub-project activities to acceptable levels and also to enhance benefits where possible. The last sub- section describes the different roles and responsibilities of Contractors in relation to environmental and social safeguard issues. Typical Sub-project preparation and implementation timeline is shown in Figure 10. As there are a wide range of alternatives for remediation of proposed-subprojects, specific timeline cannot be provided at this stage. However, the overall project timeline is provided in the relevant procurement plans provided in World Bank’s STEP system. Evaluation of Contractor’s Safeguards Record and Capacity ESMP Sub-project Implementation Screening and Site-specific ESMP Incorporation ESMP Development (if of ESMP items End WB review Implementation required) and WB in Bidding Start review Documents WB Sub-project Outline Design Detailed Tendering Construction Operation & Decommissio Identification Preparation Design Maintenance ning Tender Award Figure 10 Typical Sub-project Implementation Timeline and ESF Activities Revised0Enviro0ning0Land00P1729920.docx 61 Environmental and Social Management Framework Greening Land The steps in screening process are provided in Table 8. Table 8 Screening Steps, Responsibilities and Timing Screening Step Responsibility Timing Identification of Sub-Project • Implementing Agency PIU and Environmental • Immediately (Form provided in Annex 1) Safeguard Support firm to complete the form. E & S Screening of Subprojects • Environmental Safeguard Support firm and • Within 2 weeks of (Form provided in Annex 2) PIU (and consultants: Environmental identifying potential Specialist; Social Specialist; Gender locations(s) for Specialist; Senior Environmental Specialist implementing sub- and Senior Social Specialist) to conduct project environmental and social screening based on site visits and initial consultations with local community. • Environmental Safeguard Support firm to prepare screening report. • World Bank safeguard team will review the samples of screening result, especially for the sub-projects which requires further assessment/plans. Preparation of mitigation measures • Environmental Safeguard Support firm and • Within 1 week of (Annex 2) – for the sub-project where PIU (and consultants: Environmental impact screening further detailed environmental and Specialist; Social Specialist; Gender social assessment or ESMP is not Specialist; Senior Environmental Specialist required and Senior Social Specialist) to evaluate feasible mitigation measures for the sub- project where further detailed environmental and social assessment or ESMP is not required. • World Bank safeguard team will review the samples of the proposed mitigation measures. Preparation of specific plans and • Environmental Safeguard Support firm, M&E • Within 1 week of instruments (ESIA, ESMP, RAP, etc.) firm and PIU (Environmental Specialist; Social determining mitigation – for the sub-project where further Specialist; Gender Specialist; Senior measures and before detailed environmental and social Environmental Specialist and Senior Social any bidding documents studies is required Specialist, and consultant) to decide whether are issued, contracts (Annex 4 – ESIA further assessment such as full-fledged ESIA; signed, or construction Annex 5 - ESMP) ESMP and related studies, impact assessment activities started or studies on ecological impacts would be required. Specific safeguard plans/instruments will be prepared according to the ToRs attached to the ESMF and RPF. • World Bank safeguards team will review and clear safeguards instruments. Implementation of mitigation • The contractors will carry out the E&S • During construction measures/plans mitigations measures/management and operation plans/instruments according to the screening form/other safeguard instruments which will become part of the legal agreement between PIU and the contractor. World Bank safeguards team will review the status of mitigation/ESMPs implementation through supervision. Monitoring, supervision and reporting • The PIU with assistance from environmental • Regularly during and social support firm will supervise and construction and monitor the implementation of mitigation operation measures/management plans/instruments. • PIU will prepare a monthly monitoring report. • World Bank safeguards team will review monitoring reports. 5.2 Mitigation Measures The specific safeguard instruments and/or Environmental Screening Form will become part of legal agreement between PIU and a contractor in order to make sure the proposed mitigation measures are properly implemented as planned. In this project, a Mitigation Hierarchy needs to be followed, as outlined in Figure 11 Revised0Enviro0ning0Land00P1729920.docx 62 Environmental and Social Management Framework Greening Land Anticipate and Avoid Risks & Impacts Reduce Risks and Impacts to Acceptable Levels Mitigation Measures for remaining Significant Impacts Offset Significant Residual Impacts where Technically and Financially Feasible Figure 11 Mitigation Hierarchy The first step in the Mitigation Hierarchy is to rank remediation alternatives for sub-projects in such a way so that the impacts can be avoided. In this regard, analyses of alternatives are important, and these include: • Analysis of site remediation alternatives for the proposed sub-project/activity • Evaluation of different remediation alternatives to select cost-effective solution that does not have significant social and environmental risks/impacts However, in some situations, especially in this project which is dealing with activities in populated areas, it is not possible to completely avoid risks and impacts. Therefore, the second step in the hierarchy is to reduce the potential risks and impacts of the proposed sub- project activity to acceptable levels through remediation alternative design considerations. When there are no further design solutions and the potential risks or impacts remain significant, then the third stem in the hierarchy is to develop feasible mitigation measures. The final step in the Mitigation Hierarchy, is to offset any remaining significant residual impacts by technically and financially feasible means. This can be in the form of compensation or enhancement of similar environmental/social component in another location. As with mitigation measures, the expected costs of the enhancement measures need to be included in the project costs. Furthermore, monitoring is required to not only ensure that the enhancement measures are being properly implemented but also to determine whether the benefits of these measures are being realized over time. Again, the costs of monitoring need to be included in the project budget. A sample mitigation guideline for remediation and rehabilitation is presented in Annex 4. Revised0Enviro0ning0Land00P1729920.docx 63 Environmental and Social Management Framework Greening Land 5.3 Environmental Monitoring Plan The environmental monitoring during site remediation includes to conduct environmental supervision in the remediation program design stage, remediation facilities construction and installation stage, remediation action implementation stage, remediation validation stage and decontaminated soil reuse stage in addition to the usual monitoring during the redevelopment stage by the methods of inspection, tour, stand-by supervision, follow-up inspection, monitoring, meeting and reporting, etc. a) Working methods and system of environmental monitoring: � The working methods of environmental supervision mainly include inspection, tour, stand-by supervision, follow-up inspection, environmental monitoring, environmental supervision meeting, information feedback, record and report etc. � The working system of environmental supervision mainly includes work record system, document approval system, reporting system, correspondences system, meeting system, contingency report and treatment system, personnel training, propaganda and education system, file management system and quality assurance system. b) Environmental supervision in remediation program design stage � Collect the site environmental investigation and risk assessment record files, site remediation program record files, site remedial scheme record files, relevant environmental protection laws and regulations, technical specifications, other relevant documents and contracts. � Main supervision contents include: review the compliance of relevant pollution control nodes in the remedial scheme with the original remediation program and environmental protection requirements; review the implementation of environmental protection measures in the design documents; review remediation-related pollution treatment technologies, measures, pollutants final disposal method and destination; review the special terms of environmental protection in the construction and contract agreement; review relevant environmental management system establishment in the implementation scheme. c) Remediation facilities construction and installation stage • Review whether the construction and installation of remediation facilities are consistent with the designing remedial scheme, and whether the environmental protection measures are adopted. • Inspect whether the environmental protection facilities meet the design performance. d) Environmental monitoring in remediation implementation stage • Supervision of main part of remediation ➢ For ex-site soil remediation sub-projects, the environmental supervision is conducted in digging stage, remediation stage and backfilling stage: Digging stage--whether the digging reaches the boundary, closure measure of transport process, seepage-proofing of the ground with soil piled, sealing measures and braking measures of smell diffusion for workshop stacked with volatile organic contaminant; Remediation stage--whether the ground seepage control measure and remediation are implemented based on the technical parameters of the implementation scheme, supervise the stacking of soil after remediation for acceptance, the secondary pollution caused by medicament adding during supervision and management of remediation, sealing of treatment workshop stacked with volatile organic contaminant, exhaust gas collection and treatment; Backfilling stage--supervise whether the backfill soil is reasonably backfilled based on the land use planning, supervise whether the soil foundation pit seepage control and surface blocking measures with solidification and stabilization technology are complete. ➢ For in-situ soil remediation projects, boundaries of remediation area shall be strictly supervised and managed, regular monitoring of remediation result shall be conducted, sampling points shall be established in the surrounding area so as to avoid the adverse impact of the remediation projects on the surrounding soil and groundwater. ➢ For the groundwater remediation or long-term risk control process, regular monitoring of the pollution source remediation effect or pollutant attenuation effect in groundwater shall be conducted; different supervision measures shall be taken based on different remediation measures; where the in-situ mediation measures such as air injection are taken, sampling monitoring shall be conducted for the surrounding area of air injection, monitoring wells of Revised0Enviro0ning0Land00P1729920.docx 64 Environmental and Social Management Framework Greening Land downstream groundwater and soil gas monitoring facilities, so as to avoid secondary pollution of remediation projects on the surrounding soil and groundwater. � Real-time monitoring of environmental impact: ➢ To master the environmental pollution situation caused by daily construction and the implementation effect of environmental/social mitigation measures, the supervision company may be requested to conduct simple site environmental monitoring by using portable environmental monitoring instruments. If the monitoring content is complex, a qualified monitoring company is suggested to undertake the work. ➢ Pay attention to the waste water, waste gas, solid waste and noise generated during the site cleanup process of soil excavation, transportation, piling up and treatment. The supervision company may be requested to establish atmospheric environmental monitoring points in the surrounding area of the stacking greenhouse, the remediation sub-projects and site boundary, etc.. ➢ Develop a environmental monitoring plan, provide a specific description of monitoring measures, including the parameters to be monitored, methods to be used, sampling locations, frequency of monitoring, etc. More detail guideline is available in Annex 4. ➢ Supervision of supporting facility operation: Inspect whether the construction and maintenance of treatment facilities for waste water, waste air, noise and solid wastes can meet the requirements in the site remedial scheme and records; in case of any discrepancy with the above documents, a report shall be sent to the PMU and KEPA in a timely manner and solutions shall be provided. � Supervision of environmental risk mitigation measures: It is required to supervise that whether the construction personnel has taken safety measures, whether security alert identifies are provided in the construction site and whether individual protection plan and environmental risk contingency plan have been prepared; inspect the establishment of environmental risk contingency plan, training of emergency response team and storage of various emergency supplies; and put forward practicable improvement measures and suggestions on the existing problems. � Supervision of environmental management: Assist the building unit and construction unit in establishing and improving the environmental protection management system, supervise and inspect whether the building unit has established professional institutions to take charge of the daily environmental management and require the construction unit implementing construction based on the prepared environmental protection training and promotion plan; investigate the implementation of environmental monitoring plan step by step based on the environmental monitoring requirements in the trial production in the environmental assessment documents; put forward future improvement suggestions on the discovered problems and insufficiency based on the supervision and inspection of environmental management in the remediation process. • A database would be developed by PMU with the assistance of SPMTs for storing the results of the quantitative monitoring. The facility would be capable of producing tabulated weekly and monthly reports that provide the following information: • Sampling points; • Dates and times of sample collection; • Test results; • Control limits; • “Action limits� at which steps must be taken to prevent the impending breach of the control limit; and • Any breaches of the control limits, including explanations if available. • The monitoring data would be continually processed by the PMU as it is received, to avoid a build-up of unprocessed data. Revised0Enviro0ning0Land00P1729920.docx 65 Environmental and Social Management Framework Greening Land 5.4 Labor Management Procedures as separate document provides management of labor and working conditions Contractor’s obligations under each procurement package will be reviewed for incorporation of securing of labor and working conditions in compliance of ESS2 . As an example age verification will also be conducted to avoid the risk of child labor as well as securing employment contracts and the labor related grievance readdress mechanism. In addition, the workfare program will provide an avenue for employing women; requisite training will have to be provided to instill skills for this purpose. Labor influx is most probably highly unlikely thus no labor accommodation camps will be necessary Obligations of the contractor will also include environmental and social obligations (such as OHS) and the contracts will include non-compliance remedies. Contractor will engage a social safeguard officer who will be responsible to implement overall social compliances together with gender and labor issues with the guidelines of PIU/social firm’s safeguard team. Social safeguard specialist of PIU will provide training to the contractors on working condition of the labors and other labor related issues. Contractors will submit report to PIU each month about the numbers of local and foreign (labors outside of the project influenced area) and any issues related to labor and working conditions During construction, it is required to conduct a screening and submit it to MOIE and the World Bank. MOIE with the support of the contractors will try to engage local labors as much as possible. Before engaging the labors, it is required to conduct consultation with the beneficiary institutions. Moreover, The Contractor is encouraged, to employ staff and labor with required qualifications and experience on or near the project adjacent community. To ensure health and safety of the workers and project personnel, the Contractor shall arrange with local health providers, doctors, bed facilities, ambulance service etc. are available. Contractor shall take all necessary welfare and hygiene requirements and for the prevention of epidemics for his personnel and the surrounding community. The work area shall be properly marked and fenced, so that surrounding community will not be disturbed. The Contractor shall submit to the MOIE at every month, a complete and accurate records of the employment of labor at the Site. The records shall include the names, ages, genders, hours worked, and wages paid to all workers. Table 9 Representative Examples of Mitigation Measures by Impacts during Project Implementation Expected Adverse Potential Mitigation Measures Impact Contractor Project Owner (MOIE, Local Governance, etc) Social • All • Establishment and operation of an effective GRM accessible to community members • Provision of information to communities on how to use the GRM to report issues; • Inclusion of relevant provisions in the ESMP; • Inclusion of relevant provisions in the contract. • Conduct consultation with the local communities about potential engagement • Risk of • Provision of information • Consultations with and involvement of local social regarding Worker Code of communities in project planning and implementation; conflict Conduct in local language(s); • Awareness-raising among local community and • . workers. • Provision of engagement local labors as much as possible. • Child labor • Ensuring that children and • Communication on hiring criteria, minimum age, and minors are not employed applicable to Kosovo Labor Law and sub normative directly or indirectly on the act. project. • Increased • Preparation and • Local government engagement with contractor and traffic and implementation of a traffic communities to identify accident hotspots and rise in management plan to be formulation of solutions. accidents approved by supervision • Upgrading and maintaining roads affected by project engineer; • Building additional/separate roads to project sites Revised0Enviro0ning0Land00P1729920.docx 66 Environmental and Social Management Framework Greening Land Expected Adverse Potential Mitigation Measures Impact Contractor Project Owner (MOIE, Local Governance, etc) • ; • Road safety training and defensive driving training for staff; • Sanctions for reckless driving. Environmental • Inadequate • Reduction of waste generation; • Inspection of waste disposal arrangements. waste • Sound practices for waste disposal and disposal. creation of illegal waste disposal sites • Wastewater • Ensuring that faciliites near the • Regular inspection to ensure proper functioning. Discharges construction site and associated facilities are connected to septic tank or other waste water systems which are appropriate and of sufficient capacity for the number of workers involved and local conditions. 5.5 Chance and Find Procedure for Cultural Heritage The project works with the historical contaminated site. There might be a chance of the presence of any object/site/intangible belief of cultural importance. Each consultation should include the questions related to the cultural heritage. Requires a chance finds procedure to be established. Recognition of the need to ensure peoples’ continued access to culturally important sites, as well as the need for confidentiality when revealing information about cultural heritage assets that would compromise or jeopardize their safety or integrity. Requirement for fair and equitable sharing of benefits from commercial use of cultural resources. Provisions of archaeological sites and material, built heritage, natural features with cultural significance, and moveable cultural heritage. A chance find procedures to be implemented in case any chance finds are made during earthworks, have been prepared and are presented below: Works could impact sites of social, sacred, religious, or heritage value. “Chance find� procedures would apply when those sites are identified during the design phase or during the actual construction period and the related activity will not be eligible for financing under the project. Cultural property includes monuments, structures, works of art, or sites of significant points of view, and are defined as sites and structures having archaeological, historical, architectural, or religious significance, and natural sites with cultural values. This includes cemeteries, graveyards and graves. The list of negative subproject attributes which would make a subproject ineligible for support includes any activity that would adversely impact cultural property. In the event of finding of properties of cultural value during construction, the following procedures for identification, protection from theft, and treatment of discovered artifacts should be followed and included in standard bidding document. (a) Stop the construction activities in the area of the chance find; (b) Delineate the discovered site or area; (c) Secure the site to prevent any damage or loss of removable objects. (d) Notify the supervisory Engineer who in turn will notify the responsible local authorities; (e) Responsible local authorities and the relevant Ministry would be in charge of protecting and preserving the site before deciding on subsequent appropriate procedures. (f) Decisions on how to handle the finding shall be taken by the responsible authorities and the relevant Ministry. This could include changes in the layout (such as when finding an irremovable remain of cultural or archeological importance), conservation, restoration and salvage. (g) Implementation of the authority decision concerning the management of the finding shall be communicated in writing by the relevant Ministry. (h) Construction work could resume only after permission is given from the responsible local authorities and the relevant Ministry concerning safeguard of the heritage. Revised0Enviro0ning0Land00P1729920.docx 67 Environmental and Social Management Framework Greening Land These procedures must be referred to as standard provisions in construction contracts. During project supervision, the Site Engineer shall monitor the above regulations relating to the treatment of any chance find encountered. Relevant findings will be recorded in World Bank Monitoring Reports and Implementation Completion Reports will assess the overall effectiveness of the project’s cultural property mitigation, management, and activities, as appropriate. 5.6 Guidelines for Bid Documents Bid documents to be prepared by interested contractors need to incorporate relevant items from the ESMP as well as the monitoring plans. Therefore, during preparation of tender documents, the PIU need to ensure that: • All relevant ESMP items relevant for contractors are included in tender documents (specifications and BOQs) • Provide clear information to potential bidders regarding environmental, social as well as health and safety considerations for the work package • Submission of supporting documentation/materials of previous experience and track record on ESMP implementation should be mentioned in the instructions to bidders • Evaluation of submitted bids should include criteria for adequacy of ESMP responses and costings PMU need to prepare bid documents so that necessary environmental and social safeguard measures are included in the specifications and bill of quantities (BOQs). For example, the Screening Form and ESMP should be provided in the bid documents so that the bidders can propose the relevant cost for implementation. This will assist Contractors to prepare realistic tenders and also help reduce delays and negotiations during project implementation. Examples of items to be included in bid documents include: • Preparation of specific management plans: waste management plan; health safety plan; traffic management plan; etc. • Costs associated with safe and proper disposal of construction waste materials • Costs associate with mitigation measures (bunding for managing site runoff; dust control measures; etc.) • Costs associated with regular noise, air quality, water quality and soil quality monitoring • Health and safety equipment e.g. (PPE, safety barriers, etc.) • Cost associated with safeguards focal point and OHS focal point • GBV provisions including code of conduct for workers: o All male and female must receive same wages and opportunities for the similar types of jobs. o All the workers must receive contract/appointment letter o Kosovo Labor Law must be followed. o Child labors are not allowed. o Young labors are not allowed to work in any hazardous place. o There must be a separate GRC for the labors. If female labors are there, presence of female members must be ensured in the GRC. o In case of any GBV, agencies must ensure appropriate actions according to labor law and Bank policies. Reports have to be submitted to World Bank. • Training of contractors and their staff. 5.7 Future Studies and Cost The proposed studies related to this project and ESMF are provided in Table 10 Table 10 List of Studies and Cost Requirement for One Site Study Cost USD Institutional No Study/Plan Timeline Responsibilities Revised0Enviro0ning0Land00P1729920.docx 68 Environmental and Social Management Framework Greening Land Feasibility Study for Remediation Plan of contaminated site, including Site 1 TDB PIU 400K Investigation, Detailed design of new remediation and rehabilitation 2 Detailed Design of Rehabilitation TBD PIU 300K Environmental and Social Impact 3 TBD PIU 200K Assessment (ESIA) Environmental and Social Management 4 TBD PIU 50K Plan (ESMP) Resettlement Policy Framework (RPF) 5 TBD PIU 35K and Resettlement Action Plan (RAP) Monitoring Activities (ESMP 6 TBD PIU 15K Implementation) Total TBD PIU 1,000K 6 Institutional, Capacity Building and Reporting 6.1 Institutional Arrangements For the implementation of this project, the following institutional arrangement is proposed. The below chart describes the structure of the Project Management Unit (PMU). Revised0Enviro0ning0Land00P1729920.docx 69 Environmental and Social Management Framework Greening Land Figure 12 Proposed Institutional Arrangement The Ministry of Infrastructure and Environment (MOIE) will establish a Project Management Unit to be chaired by the Director General of the Environmental Protection Department in MOIE. The PMU Director will assign a dedicated Project Coordinator, who will be supported by a project M&E specialist, is in charge of the project day-to-day implementation. The PMU will hire specialists for procurement, FM, environmental and social as well as communication functions, and these functions will serve as common services to the FLOWS project too. The PMU will be also joined by KEPA (under MOIE), municipal government agencies, and project site representatives to ensure strong ownership and commitment. International and national experts on SRBLM will be hired to provide technical support to the PMU. The PMU main tasks will include: (i) day-to-day Project management in all its aspects; (ii) coordination and cooperation among various implementing agencies; (iii) coordination with Project stakeholders and the Bank; (iv) preparation of annual work plan and budget; (v) preparation and update as necessary of procurement plan; (vi) preparation of quarterly unaudited financial reports and annual audited financial statements; (vii) monitoring and evaluation of Project activities, including monitoring and reporting of safeguards compliance and Gender action plan and communication outreach; (viii) preparation of semi-annual and annual progress reports; (ix) briefing of the PTC and IMWC on the status of Project implementation; and (ix) systematic filing of all Project-related documents (including procurement and financial management). The municipalities where the target sites are located play an important role during remediation and redevelopment demonstration subprojects under Component 1. Its responsibilities will include, but not limited to i) provide important public safety measures during emergencies, ii) provide important sources of information with support from local communities 18, iii) identify community concerns regarding the site remediation and redevelopment, and iv) guarantee that local citizens are involved in decisions about remediation and redevelopment actions in their communities. Throughout all remediation and redevelopment actions, municipality officials will be kept informed of plans and progress through telephone contacts or visits by the MoIE PMU. Communities may also be asked to review and comment on important reports, studies, and proposed actions. Both MoIE and the municipalities will jointly conduct formal and informal community involvement activities under Component 2.2. Reporting Requirement The objective of the monitoring and reporting framework is to ensure that the mitigation measures designed to prevent, reduce and where possible offset any significant adverse on environmental and social impacts 18Local communities can provide valuable details about a Superfund site, including information on the location of sites (site discovery), detail on site history (site investigation), and/or information on potentially responsible parties. Revised0Enviro0ning0Land00P1729920.docx 70 Environmental and Social Management Framework Greening Land throughout the Project lifecycle. The PMU will prepare a half yearly report to be submitted to the World Bank. These reports will summarize the following: • Progress in implementing this ESMF and subsequent Remediation Plan Progress, ESIA, ESMP, etc.; • Findings of the monitoring programs, with emphasis on any breaches of the control standards, action levels or standards of general site management; • Any emerging issues where information or data collected is substantially different from the baseline data reported in the Environmental Assessment; • Summary of any complaints by external bodies and actions taken / to be taken; and • Relevant changes or possible changes in legislation, regulations and international practices. Table 11 The Monitoring Requirement Project Phase What When Who How • Preparation • Training and • Before • PD with • Review Capacity Building preparation Environmental Training Activities of tender and Social Records documents Support Firms • Preparation • Ensure Screening • After • PD with • Review of Environmental locations and Environment completed and Social Issues alignments and Social Screening are Firms Sheets confirmed by PD • Construction • Training and • Monthly • PD with • Review Capacity Building Environment Training Activities and Social Records Firms • Construction • Grievances • Monthly • PD with • Review Records Environment GRM and Social register Firms • Construction • Environmental • Monthly • PD with • Review and social Environment ESMP mitigation/ and Social monitoring enhancement Firms documents measures (including health and safety measures) outlined in the ESMP and incorporated in the tender bidding documents and the approved contracts. • Operation • Grievances • Monthly • PIU • Review and Records GRM Maintenance register • Operation • Environmental • Monthly • PIU • Review and and social ESMP Maintenance mitigation/ monitoring enhancement documents measures (including health and safety measures) outlined in the ESMP Table 6.2 Reporting Requirements Report/Document Description Prepared By Submitted To When • Training • Register of all • Environment and • PD • Within 3 weeks Records Trainings and Social Cell of PIU of any Capacity or Consultants training/capacity Building building activity activities conducted under the project Revised0Enviro0ning0Land00P1729920.docx 71 Environmental and Social Management Framework Greening Land Report/Document Description Prepared By Submitted To When • Completed • Identifies • Environment and • PD • After completing Safeguards Potential Social Cell of PIU forms Screening Environmental or Consultants Forms and Social Issues • GRM Records • Register of • GRC or • PD • Monthly grievances Consultants during received and construction phase actions taken and then relevant Implementing Agency officer thereafter • ESMP • Monitoring • Contractor, • PD • Monthly or as Monitoring data as Environment and per ESMP records defined in the Social Cell of PIU requirements ESMP and/or Consultants 6.2 Capacity Building Environmental and social safeguards training will help ensure that the requirements of the ESMF and subsequent ESIA and ESMP are clearly understood and followed by all project personnel throughout the project period. The PMU will ensure, in collaboration with the PSC, that these training are provided to all Project personnel. The environmental and social training program will be finalized before the commencement of the project. The training will be provided to the project staff, construction contractors, and other staff engaged in the Project. Training will cover all staff levels, ranging from the management and supervisory to the skilled and unskilled categories. The scope of the training will cover general environmental and social awareness and the requirements of the ESMF, ESIA (where relevant) and the ESMP, with special emphasis on sensitizing the project staff to the environmental, social and genders aspects of the area. Table 12 provides a summary of various aspects of the environmental and social safeguards training to be conducted under this construction. The PIU may revise the plan during the Project implementation as required and subject to PSC approval. Table 12 Environmental and Social Safeguards Training Contents Participants Responsibility Schedule • General environmental and • MoIE • MOIE/PMU • Prior to the start of socioeconomic awareness; • PMU the Project • Environmental and social sensitivity • Municipality activities. of the project area; E&S screening; (To be repeated as needed) • Key findings of ESIA (where relevant); • Mitigation measures; • ESMP; • Social and cultural values of the area. • General environmental and • PMU • MOIE/PMU • Prior to the start of socioeconomic awareness; • Selected the field activities. • Environmental and social sensitivity contractors’ (To be repeated as needed) of the project area; E&S screening; crew • Mitigation measures; • Community issues; • Awareness of transmittable diseases • Social and cultural values. • ESMP; • Municipality • PMU • Prior to the start of • Waste disposal; • Contractors, the construction • HSE Construction activities. crew (To be repeated as needed) • Road safety; • Drivers • Contractors • Before and during • Defensive driving; the construction • Waste disposal; activities. • Cultural values and social sensitivity. (To be repeated as needed) • Restoration requirements; • Restoration • Contractors • Before the start of • Waste disposal. teams the restoration activities. • HSE during Operation Phase • PMU • MOIE • Prior to the Start of • the Project Operation and when required Revised0Enviro0ning0Land00P1729920.docx 72 Environmental and Social Management Framework Greening Land Contents Participants Responsibility Schedule during the operation phase Roles and Responsibilities of Contractors Contractors will play a vital role in this project to ensure that environmental and social risks and impacts are minimized effectively. They also play an important role in ensuring adequate health and safety measures are put in place not only for their workers but also for the surround ing community. Contractor’s role and responsibilities commence at the tender preparation stage and continue until all monitoring responsibilities end, which may extend beyond the construction phase. In addition, each contractor shall have an Environmental Supervisor and a Social Safeguard Officer on the site who will be responsible for all environmental and social issues, gender, labor management, community safety and E&S mitigation measures/ESMP implementation. PIU with the support of social and environmental support firm and safeguard specialist will ensure that all contractor’s staff and counterpart who are involve in project implementation receive both initial and ongoing environmental and social safeguard awareness and training sufficient to ensure they are familiar with their environmental and social safeguard responsibilities of the project. Environmental Aspects Contractors have a duty to ensure that their activities do not cause significant and irreversible damage to the environment they are working in. All necessary measures, as specified in the Screening Form and/or ESMP, should be followed and monitoring measures put in place. Special care needs to be taken during pre- construction and construction phases when heavy machinery and equipment are used. Specific management plans, e.g. drainage management, traffic management, emergency preparedness and response, etc. need to be prepared by the Contractor. In addition, the Contractors needs to ensure that proper induction and training is given to all of their workers. A full-time, on-site Environmental Supervisor (covers also OHS aspects) will be required for sub-projects working in/near particularly sensitive environmental sites. The Contractor shall take all reasonable steps to protect the environment on and off the Site and to avoid damage or nuisance to persons or to property of the public or others resulting from pollution, noise or other causes arising as a consequence of his methods of operation. The Contractor shall be responsible for the remedy or mitigation measure(s) required by the environment related effects of any of his construction or construction-related activities. In case of an environmental problem, the Contractor shall immediately notify the PIU and safeguard team who will instruct them as to the next course of action to take. Among the situations which may require such steps, are complaints or legal actions by third parties on matters such as environmental damage to property and natural resources, ground subsidence, interruption of water flow, and surface and groundwater contamination. During the entire process of constructing, the Works - including preparation of the site and clean up upon completion - the Contractor shall exercise the utmost care in order to prevent damage to the environment. The Contractor shall conduct is operations being aware of and employ necessary means and measures for eliminating and/or if impracticable, minimizing environmental impacts. Contractors employed during operation & maintenance as well as decommissioning phases have similar roles and responsibilities of environmental aspects as described above. Social Aspects After finalization of the site-specific assessment, RAP(s), if needed, will be implemented. No tender package will be issued without an attached ESMP and no contract signed without respective clauses obliging the contractor to the use and implementation of the site-specific ESMP. The site specific RAP will be implemented before the start of the works. A dedicated social safeguard officer from contractor will ensure compliances of social safeguard issues, gender issues, working condition of the labor and and community related issues according to ESMF. Contractors also Revised0Enviro0ning0Land00P1729920.docx 73 Environmental and Social Management Framework Greening Land have particularly important roles and responsibilities to ensure that social risks and impacts are managed. These include taking adequate measures for minimizing disturbance to the community living and working near the project site(s). Also, Contractors need to ensure that there are no conflicts between the local community with their works/labor. Where appropriate, Contractors should try to employ local people during the pre-construction and construction phases. Contractors are also responsible for the health and safety of their workers and the community living and working near their site(s). Proper signage and fencing need to be used at all times. To avoid health and safety impacts the Contractor shall conform to the following: • Due precautions shall be taken by the Contractor to ensure the safety and security of his staff and labor to ensure that medical facilities, first aid equipment are available at the camps, housing, and on the Site at all times throughout the period of the Contract and that suitable arrangements are made for the prevention of epidemics and for all necessary welfare and hygiene requirements. • The Contractor shall report to the PIU details of any accident or incident pertaining to the security of its personnel, equipment, the site, its camp or the completed Works as soon as possible after its occurrence. The report shall be based on a detailed investigation by the Contractor of the event and provide particulars of what occurred (with explanatory sketch as necessary), who was involved (including names, and affiliations of such persons), what caused the incident, when the incident occurred (time and date), where the incident occurred and why the incident occurred. In the case of any fatality or serious injury, the Contractor shall, in addition, notify the PIU immediately by the quickest available means. • The Contractor shall, so far as is reasonably practicable, having regard to local conditions, provide on the Site an adequate supply of drinking and other water for the use of his staff and labor. Regarding traffic safety: • The Contractor shall ensure that disruptions to traffic and road transport are minimized. The contractor shall ensure that the roads remain open to traffic during construction activities, • Prior to construction activities, the Contractor will install all signs, barriers and control devices needed to ensure the safe use of the road by traffic and pedestrians, as required by the traffic control plan, • Signs, crossing guards and other appropriate safety features will be incorporated at grade level rail and road crossings, • Local authorities and residents in a working area will be consulted before any detours for construction or diverted public traffic are established, • Disposal sites and haul routes will be identified and coordinated with local officials, and • Construction vehicles will use temporary roads constructed for that purpose to minimize damage to agricultural land and local access roads. Where local roads are used, they will be maintained and reinstated to their original condition after the completion of work. Labor and labor influx issues, including the prevention of any child labor via contractors will be addressed through the ESMF and review of contractor’s obligations under the procurement packages, which will also include OHS considerations and non-compliance remedies. The workfare program will be fully cognizant that no hazardous work is delegated to any children between 14 -18 and that their education is in no way harmed. No children under 14 will participate in the workfare program or any other type of labor. MOIE/PIU will deploy permanent social specialists at the central/local level, supported by a specialized expert/firm, to oversee the overall implementation, monitoring and reporting of safeguards aspects. In addition, each local partner will have a safeguards focal point to ensure on-site compliance with social mitigation measures and health and safety, labor condition requirements for the various project activities. There will be one focal point/Safeguard expert from the contractors for each sub-project who will be trained on social safeguard, gender and labor related issues. PIU and firms safeguard specialist will provide the training ensuring that contractors safeguard focal point is capable to report PIU and firms safeguard team. Contractors employed during operation & maintenance as well as decommissioning phases have similar roles and responsibilities of social aspects as described above. 6.2.1 Grievance Redress Mechanism Contractors, with active support of the PIU, need to ensure that the Grievance Redress Mechanism (GRM) is effective so that potential conflicts are avoided and claims by affected people are addressed in a genuine manner. Focal point from each contractor will be trained on GRM as well. Further details are provided in Section 7.4. Revised0Enviro0ning0Land00P1729920.docx 74 Environmental and Social Management Framework Greening Land 6.2.2 Preparation of Bid Documents PMU need to prepare bid documents so that necessary environmental and social safeguard measures are included in the specifications and bill of quantities (BOQs). For example, the Screening Form and ESMP should be provided in the bid documents so that the bidders can propose the relevant cost for implementation. This will assist Contractors to prepare realistic tenders and also help reduce delays and negotiations during project implementation. Examples of items to be included in bid documents include: • Preparation of specific management plans: waste management plan; health safety plan; traffic management plan; etc. • Costs associated with safe and proper disposal of construction waste materials • Costs associate with mitigation measures (bunding for managing site runoff; dust control measures; etc.) • Costs associated with regular noise, air quality, water quality and soil quality monitoring • Health and safety equipment e.g. (PPE, safety barriers, etc.) • Cost associated with safeguards focal point and OHS focal point • GBV provisions including code of conduct for workers: o All male and female must receive same wages and opportunities for the similar types of jobs. o All the workers must receive contract/appointment letter o Kosovo Labor Law must be followed. o Child labors are not allowed. o Young labors are not allowed to work in any hazardous place. o There must be a separate GRC for the labors. If female labors are there, presence of female members must be ensured in the GRC. o In case of any GBV, agencies must ensure appropriate actions according to labor law and Bank policies. Reports have to be submitted to World Bank. • Training of contractors and their staff. 7 Stakeholder Engagement and Grievance Mechanism 7.1 Stakeholder Engagement For the purpose of focused and efficient stakeholder engagement process that is to be applied after determination of concrete sub-project activities, as well as construction period followed by operational phase, a separate document for each sub-project, named Stakeholder Engagement Plan, will be developed by project developer. The rationality for divided approach lies in the specifics of target audiences of each sub-project planned to be financed within the overall Greening Land project. For the need of Greening Land project separate Stakeholder Engagement Framework, in conjunction with this ESMF, has been developed. At this moment, Sub-projects are still not defined. 7.2 Disclosure of ESMF The draft ESMF has been posted on the website of MOIE (mmph.rks-gov.net). The final version of the ESMF will be officially submitted to the World Bank for disclosure in English on the WB external webpage. The Albanian, Serbian and English versions will be also posted on the web page of the MOIE. The final version of this document will be used by respective government agencies and other Project stakeholders during the project implementation. 7.3 Public Consultations In principle MOIE should conduct two local public consultations on this draft ESMF and invite all interested stakeholder organizations including local representatives of the other Governmental institutions and bodies, target municipalities, local and national organizations, NGOs from target municipalities, as well as other interested public (members/representatives/leaders as well). Revised0Enviro0ning0Land00P1729920.docx 75 Environmental and Social Management Framework Greening Land During the consultations, the MOIE supposed to present a summary of draft ESMF. In particular, the audience will be informed about screening of the projects, potential impacts which may by generated as well as measures to be taken to prevent/mitigate potential impacts. However, due to the emergency Covid-19 situation the following approach has been followed: • Avoided public gatherings (taking into account national restrictions), including public hearings, workshops and community meetings, and minimize direct interaction between project agencies and beneficiaries / affected people; • Virtual registration of participants was done. Participants encouraged to registered through email; • Workshop materials including agenda, project documents, presentations, questionnaires and discussion topics were distributed via email to participants; • Participants were given a scheduled duration for this, prior to scheduling a discussion on the information provided; • The feedback was received by email and phone; • The chair of the workshop (MOIE focal person) summarized the virtual workshop discussion, formulate conclusions and share electronically with all participants. 7.3.1 Consultation on sub-project specific environmental and social assessments. The disclosure of environmental and social documents will be conducted as those become available during the project implementation and cleared by the Bank for disclosure. There will be at least one round of consultations involving, inter alia, project affected groups and NGOS, after preparation of the ESMP. Prior to such consultations, MOIE will provide relevant materials (process descriptions, maps, building plans, etc.) to participants in a timely manner and in a form and languages that are understandable to the group being consulted and records. Public consultations on subprojects with low risk which will not have a significant effect on the environment and the local community can be conducted virtually or in key sites in local public administration offices. For any construction/reconstruction activities a notice board will be installed at the project site. 7.4 Grievance Redness Mechanism There are two options for Project stakeholders to submit complaints regarding the Greening Land, i.e. the Project Grievance Redress Mechanism (GRM) and the World Bank Grievance Redress Service (GRS). Separate grievance mechanism for project workers will be established under Labor management procedures. Also, separate grievance mechanisms for Land Acquisition issues and Stakeholder engagement issues will be established and incorporated into the documentation that will be part of Greening Land documentation, such as Resettlement Policy Framework and Stakeholder Engagement Framework/Plans. The GRM in Greening Land is incorporated into a broader beneficiary feedback mechanism to be established by MOIE at the central and local level of the institution. The project-based GRM is intended to serve as a mechanism to: • Allow for the identification and impartial, timely and effective resolution of issues affecting the project; • Strengthen accountability to beneficiaries, including project affected people, and provide channels for project stakeholders and citizens at all levels to provide feedback and raise concerns. Having an effective GRM in place will also serve the objectives of: reducing conflicts and risks such as external interference, corruption, social exclusion or mismanagement; improving the quality of project activities and results; and serving as an important feedback and learning mechanism for project management regarding the strengths and weaknesses of project procedures and implementation processes. The GRM will be accessible to a broad range of Project stakeholders who are likely to be affected directly or indirectly by the project. These will include beneficiaries, community members, project implementers, contractors, civil society, media—all of who will be encouraged to refer their grievances and feedback to the GRM. Revised0Enviro0ning0Land00P1729920.docx 76 Environmental and Social Management Framework Greening Land The GRM can be used to submit complaints, feedback, queries, suggestions or compliments related to the overall management and implementation of the Greening Land, as well as issues pertaining to sub projects that are being financed and supported by the Greening Land, including: • Mismanagement, misuse of Project Funds or corrupt practices. • Violation of Project policies, guidelines, or procedures, including those related to child labor, health and safety of community/contract workers and gender violence. • Disputes relating to resource use restrictions that may arise between or among affected communities. • Grievances that may arise from members of communities who are dissatisfied with the eligibility criteria, community planning measures, or actual implementation of community energy investments or socio-economic infrastructure. • Issues with land and asset acquisition or resettlement specifically for Greening Land supported Sub- projects. The GRM’s functions will be based on the principles of transparency, accessibility, inclusiveness, fairness and impartiality and responsiveness. The timeline for complaint resolution at the Greening Land will be 15 days upon receipt of the complaint. The complainant will be informed on the outcome immediately and at the latest within 5 days of the decision. The overall process for the GRM will be comprised of 7 steps: (1) uptake (2) sorting and processing (3) acknowledgment and follow up (4) verification, investigation and action (5) monitoring and evaluation (6) feedback and (7) follow up. Responsible Social and/or Stakeholder Engagement Specialist: • accepts all submitted grievances • control reported state where feasible • distribute grievances internally to the relevant stances • gathers answers and prepare responses • send answers to complainants • regularly maintenance GRM Register • reports to PM on raised issues and their resolution/recurrence on a monthly base • follow up on the realization of undertaken commitments in accordance with response send to complainant till complainant confirms satisfaction of undertaken action/response • participate in work of Grievance Redress Committee The Greening Land will make quarterly reports available to the World Bank team on the implementation of the Project GRM. In addition, data on grievances and/or original grievance logs will be made available to World Bank missions upon request. 7.4.1 Grievance Redress Service Communities and individuals who believe that they are adversely affected by a World Bank (WB) supported project may submit complaints to existing project-level grievance redress mechanisms or the WB’s Grievance Redress Service (GRS). The GRS ensures that complaints received are promptly reviewed in order to address project-related concerns. Project affected communities and individuals may submit their complaint to the WB’s independent Inspection Panel which determines whether harm occurred, or could occur, as a result of WB non- compliance with its policies and procedures. Complaints may be submitted at any time after concerns have been brought directly to the World Bank’s attention, and Bank Management has been given an opportunity to respond. For information on how to submit complaints to the World Bank’s corporate Grievance Redress Service (GRS), please visit http://www.worldbank.org/en/projects-operations/products-and-services/grievance-redress-service For information on how to submit complaints to the World Bank Inspection Panel, please visit www.inspectionpanel.org 7.5 Establishment of Grievance Redress Committee Revised0Enviro0ning0Land00P1729920.docx 77 Environmental and Social Management Framework Greening Land A Grievance Redress Committee at Program level will be established to address complaints and grievances pertaining to environmental issues and resettlement and to pre-empt all disagreements being referred to the court. The Grievance Redress Committee will include PIU staff, a representative of affected municipality and representatives of the local communities affected by the Project. Revised0Enviro0ning0Land00P1729920.docx 78 Environmental and Social Management Framework Greening Land Annexes Annex 1: Sub-Project Description Form Name of Sub-Project: Project Location: Implementing Agency: Recipient: Estimated total cost of Sub- project (EUR): Estimated construction period duration: Estimated Operation and Maintenance period (life of sub-project): Description of proposed sub- project activities (incl. type of activities, footprint area, natural resources required, etc.): Overall Comments Types of waste to be generated during construction and operation phase: Sensitive environmental, cultural, archaeological, religious sites near (within 1 km) of site: Prepared by: Position: Mobile No.: Signature: Date: Reviewed by: Position: Mobile No.: Signature: Date: Instructions: Attach completed environmental and social screening forms with this form. Revised0Enviro0ning0Land00P1729920.docx 79 Environmental and Social Management Framework Greening Land Annex 2: Sub-Project Environmental and Social Screening Form (Risk Categorization) Name of the Sub-Project: Sub-Project: Implementing Agency: Contact: ENVIRONMENTAL AND SOCIAL CHECKLIST QUESTIONNAIRE (must be filled out for every application) Environmental and social Risk YES / ESS No Unknown Notes Questions NO 1 Does the proposed activity include new ESS1 construction and extension of activity? 2 Does the proposed activity include ESS1 rehabilitation activities? 3 Does the proposed activity belongs in GoK Annex I of the Law on Environmental Impact Assessment (list of Projects for which full EIA is mandatory)? 4 Does the proposed activity require other ESS1 type of EA under the national legislation? 5 Does the proposed activity require specific ESS10 public consultations under the national legislation? 6 Does the project support activities on WB ESS1 Exclusion list? 7 Does the project will use natural resources ESS3 such as land, water, materials or energy, particularly any resources which are non- renewable or in short supply? 8 Does project activities will be performed in ESS8 or potentially affects archaeological or cultural heritage site? 9 Does the project activity will be sources of ESS1, ESS3 dust, pollutants or some hazardous, toxic or harmful substances in the air? 10 Does the project will be source of ESS3, ESS4 greenhouse gases or ozone depletion substances? 11 Does the project may cause microclimate ESS3 changes? 12 Does the project will be source of noise and ESS1, ESS3, vibration? ESS4 13 Will the project generate significant ESS1, quantities of waste (hazardous, ESS3,ESS4, nonhazardous, inert waste)? ESS6 14 Will the Project involve the use, storage, ESS1, ESS2, transport, handling or production of ESS3, ESS4, substances or materials which could be ESS6 harmful to human health or the environment or raise concerns about actual or perceived risks to human health? 15 Does the project will generate additional ESS1, ESS2, releases of waste water? ESS3, ESS4, ESS6 16 Are there any risks of contamination of ESS1, ESS2, surface waters? ESS3, ESS4, ESS6 Revised0Enviro0ning0Land00P1729920.docx 80 Environmental and Social Management Framework Greening Land Environmental and social Risk YES / ESS No Unknown Notes Questions NO 17 Are there any risks of contamination of ESS1, ESS2, ground waters? ESS3, ESS4, ESS6 18 Are there any activities which will lead to ESS1, ESS2, physical changes of the water body? ESS3, ESS4, ESS6 19 Does the project will contribute to pollution ESS1, ESS2, of international waters? ESS3, ESS4, ESS6 20 Are there any risks of physical changes of ESS1, ESS2, the terrain, soil pollution, sediment loads, ESS3, ESS4, erosion, etc.? ESS6 21 Will the project involves use of pesticides or ESS1, ESS2, fertilizers? ESS3, ESS4, ESS6 22 Are there any areas on or around the ESS1, ESS6 location that are used by protected, important or sensitive species of fauna or flora e.g. for breeding, nesting, foraging, resting, overwintering, migration, which could be affected by the Project? 23 Will the project be located in or near some ESS1, ESS6, sensitive or protected area? ESS8 24 Are there any areas or features of high ESS1, ESS8 landscape or scenic value on or around the location which could be affected by the Project? 25 Will this project may affect some critical ESS6 habitats (forest, wetlands, marshlands, aquatic ecosystems)? 26 Will this project affect some endangered ESS6 plant/s? 27 Will this project affect some endangered ESS6 animal species? 28 Is there a right to way issue or need for land ESS5 acquisition? 29 Are there any routes or facilities on or ESS8 around the location which are used by the public for access to recreation or other facilities, which could be affected by the Project? 30 Are there any transport routes on or around ESS1 (TMP) the location that are susceptible to congestion or which cause environmental problems, which could be affected by the Project? 31 Does the Project is location covers a ESS1, ESS6 previously undeveloped area where there will be loss of green field land? 32 Are there existing land uses within or ESS1, ESS5 around the location e.g. homes, gardens, other private property, industry, commerce, recreation, public open space, community facilities, agriculture, forestry, tourism, mining or quarrying that could be affected by the Project? 33 Are there areas within or around the ESS1, location which are densely populated or ESS5 builtup, that could be affected by the Project? 34 Will the implementation of project may ESS5 cause physically displacement of individuals, families or businesses? Revised0Enviro0ning0Land00P1729920.docx 81 Environmental and Social Management Framework Greening Land Environmental and social Risk YES / ESS No Unknown Notes Questions NO 35 Will the project need temporary or ESS5 permanent land acquisition? 36 Does the project may cause impact on ESS5 community assets? 37 Does the project may cause impact on ESS4 community health and safety? Project Categorization prepared by ESIA Specialist: ______________________ Signature of responsible person: ______________________ Date: ______________________ � Low Risk � Moderate Risk � Substantial Risk � High Risk Categorization of The Applicant need to The Applicant need to The Applicant need to The Applicant need to the Risk prepare: prepare: prepare: prepare: ESMP ESMP or ESIA ESIA Full ESIA Approval Project Categorization issued WB E&S Specialist: ______________________ Signature of responsible person: ______________________ Date: ______________________ Revised0Enviro0ning0Land00P1729920.docx 82 Environmental and Social Management Framework Greening Land Annex 3. Generic EISA ToR Outline for Sub-Projects (WB ESF) a) Executive summary - Concisely discusses significant findings and recommended actions. b) Legal and institutional framework - Analyzes the legal and institutional framework for the project, within which the environmental and social assessment is carried out, including the issues set out in ESS1, paragraph 26. - Compare the Borrower’s existing environmental and social framework and the ESSs and identify the gaps between them. - Identifies and assesses the environmental and social requirements of any co-financiers. c) Project description - Concisely describes the proposed project and its geographic, environmental, social, and temporal context, including any offsite investments that may be required (e.g., dedicated pipelines, access roads, power supply, water supply, housing, and raw material and product storage facilities), as well as the project’s primary suppliers. - Through consideration of the details of the project, indicates the need for any plan to meet the requirements of ESS 1 through 10. - Includes a map of sufficient detail, showing the project site and the area that may be affected by the project’s direct, indirect, and cumulative impacts. d) Baseline data - Sets out in detail the baseline data that is relevant to decisions about project location, design, operation, or mitigation measures. This should include a discussion of the accuracy, reliability, and sources of the data as well as information about dates surrounding project identification, planning and implementation. - Identifies and estimates the extent and quality of available data, key data gaps, and uncertainties associated with predictions; - Based on current information, assesses the scope of the area to be studied and describes relevant physical, biological, and socioeconomic conditions, including any changes anticipated before the project commences. - Takes into account current and proposed development activities within the project area but not directly connected to the project. e) Environmental and social risks and impacts - Takes into account all relevant environmental and social risks and impacts of the project. This will include the environmental and social risks and impacts specifically identified in ESS2 – 8, and any other environmental and social risks and impacts arising as a consequence of the specific nature and context of the project, including the risks and impacts identified in ESS1, paragraph 28. - Within the ESIA cumulative impacts will also be considered and analyzed f) Mitigation measures - Identifies mitigation measures and significant residual negative impacts that cannot be mitigated and, to the extent possible, assesses the acceptability of those residual negative impacts. - Identifies differentiated measures so that adverse impacts do not fall disproportionately on the disadvantaged or vulnerable. - Assesses the feasibility of mitigating the environmental and social impacts; the capital and recurrent costs of proposed mitigation measures, and their suitability under local conditions; the institutional, training, and monitoring requirements for the proposed mitigation measures. - Specifies issues that do not require further attention, providing the basis for this determination. g) Analysis of alternatives - Systematically compares feasible alternatives to the proposed project site, technology, design, and operation--including the "without project" situation--in terms of their potential environmental and social impacts; Revised0Enviro0ning0Land00P1729920.docx 83 Environmental and Social Management Framework Greening Land - Assesses the alternatives’ feasibility of mitigating the environmental and social impacts; the capital and recurrent costs of alternative mitigation measures, and their suitability under local conditions; the institutional, training, and monitoring requirements for the alternative mitigation measures. - For each of the alternatives, quantifies the environmental and social impacts to the extent possible, and attaches economic values where feasible. h) Design measures - Sets out the basis for selecting the particular project design proposed and specifies the applicable EHSGs or if the ESHGs are determined to be inapplicable, justifies recommended emission levels and approaches to pollution prevention and abatement that are consistent with GIIP. i) Key Measures and Actions for the Environmental and Social Commitment Plan (ESCP) - Summarizes key measures and actions and the timeframe required for the project to meet the requirements of the ESSs. This will be used in developing the Environmental and Social Commitment Plan (ESCP). j) Appendices - List of the individuals or organizations that prepared or contributed to the environmental and social assessment. - References—setting out the written materials both published and unpublished, that have been used. - Record of meetings, consultations and surveys with stakeholders, including those with affected people and other interested parties. The record specifies the means of such stakeholder engagement that were used to obtain the views of affected people and other interested parties. - Tables presenting the relevant data referred to or summarized in the main text. - List of associated reports or plans. [Generic ESIA Table of Content] Executive Summary 1. GENERAL 1.1 Objectives of Assessment 1.2 Assessment Factors 1.3 Focus of Assessment 1.4 Main Targets of Environmental Protection and Pollution Control 1.5 Evaluation Scope and Evaluation Period 1.6 Evaluation Standard 1.7 Technical Methods of Evaluation 1.8 Lessons Learned from Previous Interventions at [Sub-project] Site on Environmental Management 2. POLICY, REGULATION AND MANAGEMENT FRAMEWORK 2.1 Government of Kosovo Law and Regulations 2.2 Environment and Social Standard of World Bank 2.3 Compliance Analysis 3. SITE INVESTIGATION 3.1 Project Influence Area 3.2 Land Use Types of the Project Area 3.3 Current Land use in the Project Area 3.4 Site Contamination Investigation 3.5 Completed or Ongoing Pollution Control Project in the Project Area 4. RISK ASSESSMENT 4.1 Overview of Risk Assessment 4.2 Risk Identification Revised0Enviro0ning0Land00P1729920.docx 84 Environmental and Social Management Framework Greening Land 4.3 Relevant Planning, Standards and Guidelines 4.4 Content of Risk Assessment 4.5 Risk Assessment Methods 4.6 Risk Assessment of Contamination to Human Health 4.7 [Sub-project] Capacity of Risk Control 4.8 Risk Control Values and Remedial Goals 4.9 Re-analysis and Conclusions of Risk Assessment 5. PROJECT PROFILE 5.1 Project Overview 5.2 Project Components 5.3 Remediation Scope and Activities 6. BASELINE INFORMATION 6.1 Natural Environment 6.2 Social Environment 6.3 Regional Environmental Quality Investigation 6.4 Conservation Area and Cultural Relics 7. Investigation of the Existing Industrial Pollution Sources and Contaminant Emission 7.1 Information of Major Enterprises in the Project Area 7.2 Information on Contamination Emissions of Enterprises in the Project Area 7.3 Control Measures for Emissions of Enterprises in the Project Area 7.4 ESF Requirement of Associated Facilities 8 ANALYSIS OF ALTERNATIVES 8.1 Zero Solution Analysis 8.2 Comparative Selection of Activities 8.3 Comparative selection of Remediation Technologies 10. ENVIRONMENT AND SOCIAL & ECONOMIC BENEFITS OF THE PROJECT 10.1 Ecological & Environmental Benefits 10.2 Social & Economic Benefits 11. ENVIRONMENTAL IMPACT ASSESSMENT AND MITIGATION MEASURES 11.1 Environmental Impact and Mitigation Measures during Construction Period 11.2 Environmental Impact and Mitigation Measures during Operation Period 11.3 Measures during Closing Period and Associated Facilities 11.4 Environmental Impact on Remediation Area in the Project Area 11.5 Water and Soil Conservation Measures 11.6 Analysis of Environmental Risks & Preventive Measure 11.7 Mitigation Measures for Social & Environmental Impact 11.8 Environmental Protection Investment Estimation 12. ANALYSIS OF CUMULATIVE ENVIRONMENTAL IMPACT 12.1 Introduction of Cumulative Impact 12.2 Scope Definition & Source Identification of Cumulative Impact 12.3 Review & Status of Project Area 12.4 Forecast of Environmental Impact by Prospective Planning & Development 12.5 Potential Problems regarding Inductive & Cumulative Impact and Measures thereof 12.6 Conclusion 13. Information Disclosure & Public Consultation 13.1 Purpose and Significance 13.2 First Public Participation 13.3 Second Public Participation 13.4 Summary Suggestion from Consultation on Environmental Enhancement 14. Environmental Management and Monitoring 14.1 Purpose Revised0Enviro0ning0Land00P1729920.docx 85 Environmental and Social Management Framework Greening Land 14.2 Proposal on Environmental Management 14.3 Objective of Environmental Management 14.4 Environmental Management 14.5 Environmental Management during Implementation 14.6 Environmental Supervision 14.7 Environmental Impact Monitoring of Works 14.8 Remediation Acceptance 14.9 Post-Management 14.10 Environmental Management of Wastes 14.11 Environmental Protection & Safety Protection Training 14.12 Pollution Control Measures and Personal Safety Protection Measures during Remediation 14.13 Environmental Emergency Safety Plan Revised0Enviro0ning0Land00P1729920.docx 86 Environmental and Social Management Framework Greening Land Annex 4. Generic ESMP ToR Outline for Sub-Projects (WB ESF) a) Mitigation The ESMP identifies measures and actions in accordance with the mitigation hierarchy that reduce potentially adverse environmental and social impacts to acceptable levels. The plan will include compensatory measures, if applicable. Specifically, the ESMP: - Identifies and summarizes all anticipated adverse environmental and social impacts (including those involving indigenous people or involuntary resettlement); - Describes--with technical details--each mitigation measure, including the type of impact to which it relates and the conditions under which it is required (e.g., continuously or in the event of contingencies), together with designs, equipment descriptions, and operating procedures, as appropriate; - Estimates any potential environmental and social impacts of these measures; and - Takes into account, and is consistent with, other mitigation plans required for the project (e.g., for involuntary resettlement, indigenous peoples, or cultural heritage). Sample Mitigation Guidelines for the Rehabilitation and Redevelopment of a Sub-project with Historical Pollution A summary of the likely issues/impacts and mitigation measures for the historically polluted site rehabilitation Sub-project is presented in Table 13as a guide. After design of each sub-project activity is completed, a more specific assessment and management plan can be prepared. The generic ESMP is only a guideline document and would require updating/detailing of the mitigation measures to ensure that the project complies with the policies and legal requirements set by World Bank, MOIE environmental guidelines and other relevant GoK legal requirements. Table 13 ESMP Guidelines for historically polluted remediation and rehabilitation Sub-Project (Pre-Construction Phase) Project Preliminary phase Source of impact / possible Issue Mitigation measures Activity impact assessment Pre- Stakeholder • Potential Certain, short • Wide presentation of the Project and sub- Construction Engagement miscommunication term, regional, projects to the local affected population and Phase with the moderate other institutional or non-institutional municipality, local intensity stakeholders. population and • Creation of Stakeholder Engagement Plan for other affected each sub-project in compliance with stakeholders such Stakeholder Engagement Framework as NVO/CSOs • All the project stakeholders will be consulted and vulnerable • All the safeguard documents will be disclosed to groups. all the relevant stakeholders • All the stakeholders will be informed about the GRM Pre- Land • Temporary or Certain, short • Carrying out analysis of alternatives to avoid Construction Acquisition permanent land term, local, involuntary taking of land and other physical Phase and Loss of acquisition. moderate assets Livelyhood • Loss of livelihood intensity • If private land acquisition is unavoidable for constructing of linear park, parking lot, small businesses, landfills, compensation will be paid following the guidelines of ESS5. • Consultation required with all potentially affected households • Preferable employment with contractor for the affected unskilled workers. • Avoid activities that will have adverse impacts on the host communities • Alternative livelihood options and training for skill enhancement • Creation of Resettlement Action Plan that will embrace thorough consultations with affected land owners/users, compensation and other items and actions described in Resettlement Policy Framework • Implementation of RAP. Revised0Enviro0ning0Land00P1729920.docx 87 Environmental and Social Management Framework Greening Land Pre- Community • Environmental Certain, short • Conduct Environmental and Social Impact Construction Health and and Social Impact term, local, Assessment, as part of ESIA, for the sub- Phase Safety Assessment moderate projects that will have significant impacts on and/or Community intensity local population, their livelihood, health and Health and Safety safety, or separate document. Impact • Creation of Community Health and Safety Assessment Impact Assessment document where livelihood has not been affected. Table 14 ESMP Guideline for historically polluted remediation and rehabilitation Sub-project (Construction Phase and Operational Phase) Preliminary Project Possible Activity / possible Issue Mitigation measures phase Source of impact impact assessment Construction Recourse • Use of construction Duration (D): • Identify opportunities and alternatives for Phase efficiency material, water, Medium resource efficiency, relating to the project in energy, Frequency accordance with GIP, • Preparation of sites (F): • Water supplying for technical purposes to (cleaning up of Moderately be done on the base of signed agreement sites, removal of frequent with authorized company or on the base of vegetation); Highly water permits in accordance with Article 72, • Use of equipment, frequent Water Law No. 04/L-147, for usage of water mechanization and Geographic from wells, rivers, streams; transport activities; extent (G): • Selection of usable fraction of waste and • Generation of Project reuse as construction material, etc. waste (hazardous footprint • Borrow pits and concrete plant is required and Local to have environmental permission for nonhazardous); Intensity(I): works, under the National (and local) Low regulation. Medium Construction Air quality • Preparation of Duration (D): • Implementation of good construction Phase construction sites Medium practices; (cleaning up of Frequency • Introduction of procedure for control of sites, demolition (F): contaminants during the activities, removal Moderately demolition/containment/removal works, of vegetation, etc.); frequent according to the national and EU legislation • Construction Geographic for hazardous waste, activities extent (G): • Excavated soils and waste material (earthworks, Project containing pollutants transported in covered excavations, civil footprint transportation vehicles; construction works, Local • Placing of a protection fence or temporarily asphalt works, Intensity(I): protective walls on the construction sites; welding, etc.); Medium • Implementing procedures for handling of • Use of equipment, High construction materials, etc. mechanization and • Stabilizing or covering the heaps of inert transport activities; material; • Generation of • Spraying with water (manually or with waste (hazardous sprinklers) on construction sites, storage and nonhazardous, area, roads; waste that contain • Implementation of pollution control systems asbestos and in order to meet specified emissions limits; generate asbestos • Implementation of measures for waste containing dust); management; • Storage, handling • Properly maintenance of equipment and of materials and mechanization; waste; • Selection of fuels or other materials with • Use of raw less polluting emissions; materials and • Mandatory washing of tyres; production of • Daily cleaning of access roads; construction • Incineration of vegetation, organic waste materials like and other waste removed during clearing of concrete plant, the project area is not allowed; borrow pits; • Proper management with generated organic waste; • Preparation of procedures for removal, storage, transport and further treatment of the removed vegetation in terms of reducing the greenhouse gas emissions; Revised0Enviro0ning0Land00P1729920.docx 88 Environmental and Social Management Framework Greening Land Preliminary Project Possible Activity / possible Issue Mitigation measures phase Source of impact impact assessment • Re-vegetation of the affected locations, i.e. planting tree near the project area that will compensate lost vegetation. • Implementing procedures for handling of construction materials, etc. • Stabilizing or covering the heaps of inert material; • Spraying with water (manually or with sprinklers) on construction sites, storage area, roads; Construction Climate change • Use of equipment Duration (D): • Implementation of pollution control systems Phase (GHG) and mechanization Medium in order to meet specified emissions limits; for construction and Frequency (F): • Preparation of procedures for removal, transport activities; Moderately storage, transport and further treatment of • Removal of frequent the removed vegetation in terms of reducing vegetation and Geographic the greenhouse gas emissions; generation of extent (G): • Proper management with generated organic biodegradable Project waste; waste. footprint • Incineration of the vegetation or other Local organic waste in the project area is not Intensity(I): allowed; Medium • Re-vegetation of the affected locations, i.e. planting tree near the project area that will compensate lost vegetation. Construction Noise and • Will occur during Duration (D): • Implement good construction practices, Phase vibration demolition, Medium • Limit the noise emissions in accordance excavation and Frequency (F): with the national requirements (Law on heavy vehicle Moderately Noise Protection No. 02/L-102); movement, frequent • All construction equipment and • Equipment and Geographic mechanization will comply with the mechanization for extent (G): requirements of EU Directive 2000/14/EC construction and Project on noise emission in the environment; transport activities, footprint • Select silenced compressors or use quieter • Construction Local hydraulic equipment; activities, Intensity(I): • All mechanical equipment should be • Vibration can Medium silenced appropriately and regularly disturb the local High maintained. sensitive fauna • Use of Workers Personal Protection living near the Equipment construction sites, • Respect the working days/hours according • High sound levels to conditions of construction permit. can cause hearing injury to site workers, • Excessive sounds can disturb community within project influence area. Construction Water • Performance of Duration (D): • Implementation of good construction Phase (surface and excavation Medium-long practice; groundwater) activities in the Frequency (F): • If there is a risk of discharge of high quantity rivers bed or their Highly of sediment into watercourses, to install near their proximity frequent clarifiers (sediment traps); and disturbance of Geographic • The possible dewatering of the excavated water quality; extent (G): ditches to be discharged in a controlled • Performance of Project manner, i.e. in a way that will minimize the construction footprint physical impacts on the morphology of the activities near rivers Local recipient; and disturbance of Intensity(I): • The placement of mobile toilets at distances water quality; Medium of more than 100 meters from water body • Soil erosion as a High and drainage lines. The same should will be result of adequately managed by the certified construction Company; activities near river; • Wastewater from the construction activities • Generation of should be collected and pre - treated prior waste; their final discharge in the recipient, i.e. to be managed in accordance with Article 72, Revised0Enviro0ning0Land00P1729920.docx 89 Environmental and Social Management Framework Greening Land Preliminary Project Possible Activity / possible Issue Mitigation measures phase Source of impact impact assessment • Storage of Water Law No. 04/L-147-Wastewater materials and Discharge Permit, issued by the Ministry of waste; environment or other relevant • Usage of chemicals administration, responsible for water and auxiliary management (Water department); materials, fuels; • Washing of mixers for prefabricated • Maintenance and concrete that contain concrete with alkali servicing of the cement or cement residues is not allowed equipment etc as well as washing of the equipment and • Generation of vehicles in the rivers or in their vicinity; wastewater • The borrow pits and disposal site should be (sanitary, as far as possible from rivers in the project technical); area, etc. Construction Waste • Generation different Duration (D): • Implementation of good construction Phase types of hazardous Medium practice; and non-hazardous Medium-long • Preparation of Waste Management Plan for waste, as inert Frequency (F): all activities in accordance with Article 18, waste, municipal Frequent Law on waste Law No.04/L-060, waste, Geographic • In the plan should be addressing issues biodegradable extent (G): such as location and methods of storage, waste, packaging Project transport and disposal, as well procedure for waste, hazardous footprint waste management, measures for waste, as a result Local monitoring and periodic audits. of: Intensity(I): • Clearing up and Medium removal of vegetation on the sites; • Use of construction materials; • Performance of construction activities; • Use of equipment and mechanization, • Presence of workers and etc. Hazardous • Removal, Duration (D): • Preparation of Site Remediation and Substances and transportation, and Medium Management Plan which will clearly identify Materials disposal of Medium-long the locations where the pollutant containing hazardous waste Frequency (F): material is present, its condition to propose and materials Highly procedures for access to the locations obtained from the frequent where is present and to propose measure to site Geographic avoid damage, etc. For example, if the • Use of chemicals extent (G): pollutant is asbestos, Asbestos from and hazardous Project demolition building and replaced pipe materials on footprint should be marked as hazardous waste and construction sites Local when is possible it is recommended to be (fuels, lubricants, Regional appropriately contained and sealed to antifreeze, Intensity(I): minimize exposure. flammable gases, Medium • Preparation of Waste Management Plan for concrete additives, High all activities in accordance with Article 18, asphalt coating, Very high Law on waste Law No.04/L-060. In the plan plasticizers and should be addressing issues such as insulation materials location and methods of storage, transport (bitumen), colors, and disposal, as well procedure for waste possible use of management, measures for monitoring and pesticides and periodic audits. herbicides, etc. • Preparation of Hazardous material • Generation of management plan and spill prevention different type of control prior to commencement of hazardous wastes, construction activities addressing issues (packaging waste, such as location and methods of storage, waste oils and transport and disposal, as well procedure for liquid fuels, oil its management; filters and saturated • Contractor should obtain all necessary absorbent authorizations and/or licenses for storage materials, waste and use of dangerous substances from local from welding, authorities, as well should implement Revised0Enviro0ning0Land00P1729920.docx 90 Environmental and Social Management Framework Greening Land Preliminary Project Possible Activity / possible Issue Mitigation measures phase Source of impact impact assessment electronic and procedure for reception of hazardous electrical waste, material and ensuring that the hazardous possible asbestos material are properly transported, packaged waste, etc.). and marked and store as hazardous material; Construction Soil • Degradation, Duration (D): • Construction activities to be performed in a Phase erosion, Medium period of low rainfalls in order to minimize compaction, Medium-long the possibilities of flooding and spreading of destruction of the Frequency (F): sediment; topsoil as a result Highly • Access areas to heavy machinery to be of construction frequent restricted to the construction zone and activities and Geographic access roads; moving of vehicles extent (G): • The topsoil (humus) should be properly and mechanization, Project removed before the excavation begins, • Soil contamination footprint stored and used after the completion of the as a result of Local activities, for the purpose of re-cultivation accidentally Regional and stabilization of the slopes; spillage of fuels, Intensity(I): • The removed soil heaps should be chemicals, Medium stabilized or covered (with geo-textile) and generation of High temporary stored in places located away hazardous waste. Very high from the river banks or erosion-prone sites; • Revealed • The storage and handling of hazardous contaminated soil materials and waste should be in on the project sites compliance with the Hazardous materials and spill control management plan and Waste management plan. • In a case of revealed contaminated soil on the construction sites, the Contractor should be determined and prepared procedures for appropriate storage and handling of contaminated soil, in accordance with the relevant standards as well communication with the MOIE. Construction Biodiversity and • Performance of Duration (D): • In the preparation phase of the project Phase landscape construction Medium monitoring of the ecosystems, habitats and activities near rivers Medium-long species in the project areas, especially in or in the river beds, Frequency (F): the water bodies, near by natural forests • Soil erosion; Highly should be carried out; • Earth work, frequent • On the base of the results by the performed removal of Geographic bio monitoring, potential project-related vegetation and extent (G): adverse impacts should be identified and other construction Project assessed in order to apply the mitigation activities, footprint hierarchy so as to prevent or mitigate • Setting equipment Local adverse impacts from projects that could that may be visible Intensity(I): compromise the integrity, conservation for the local Medium objectives or biodiversity importance of such population. High an area. • Generation of • In addition it is recommended: waste and waste • Prevention of (exesive) interventions in the water, riverbed and natural forests; • Storage of • Apply good construction practices that materials and would avoid pollution, eutrophication and waste; modification of aquatic habitats; • Usage of chemicals • Protecting the riparian vegetation, because and auxiliary it will be an important buffer zone and materials, fuels; protection of rivers; • Presence of • Cutting of the plants and destruction of the workers. habitats for the purpose of tracing new access roads, storage the raw materials or waste should be avoided; • Disturbance of species, especially disturbance of nesting and roosting sites should be avoided, etc. Revised0Enviro0ning0Land00P1729920.docx 91 Environmental and Social Management Framework Greening Land Preliminary Project Possible Activity / possible Issue Mitigation measures phase Source of impact impact assessment Construction Safety Issues • Without proper Duration (D): • Prepare Hazard Risk Assessment Phase signage and Medium-long • Emergency Preparedness and Response fencing, the public Frequency (F): Plan may enter Highly • Prepare Traffic Management Plan in construction site frequent coordination with Municiplaity and Local risking injury or Geographic police. death caused by extent (G): various Project construction footprint activities and heavy Local vehicular Intensity(I): movement. High Construction Traffic • Increase in road Duration (D): • Prepare Traffic Management Plan in Phase Management accidents Medium-long coordination with Municiplaity and Local • Heavy vehicle Frequency (F): police, that will take into consideration all movements can Highly aspects of sub-project related traffic passing cause traffic to the frequent through the populated settlements, as well project influenced Geographic as appropriate protection measures to areas and female extent (G): decrease safety threat to the local and school going Project population during construction phase, children may feel footprint proportionate to the risks and impacts. unsafe. Local Intensity(I): High Construction Health & Safety • Unsafe working Duration (D): • Implementation and OHS standards incribed Phase Risks conditions may Medium-long in GIIP documents and approriate EHS cause health risks Frequency (F): guidelines to site workers. Highly • Mandatory use of PPE • Lack of or improper frequent • Regular health checks for workers use of PPE may Geographic expose site workers extent (G): to health risk Project related to asbestos. footprint • Improper asbestos Local control measures Intensity(I): may expose High workers and community to health risk related to asbestos during excavation, collection, and transportation of asbestos waste to disposal site. • High sound levels can cause hearing injury to site workers and excessive sounds can disturb community within project influence area. Operational Recourse • Generation of Duration (D): • Implementation of measures for waste Phase efficiency Waste and Use of Long management; electricity Frequency (F): Air quality and Continuous • Implementation of measure for energy Cimate Change • Use of materials for Geographic efficiency, etc. maintenance and extent (G): Water repairs Project • Periodic monoting of integrity of (surface and footprint containemnt cells / landill to check for groundwater) • Penetration of Local structural damage such erosion etc. surface water to Intensity(I): Hazardous containment cells Low Substances and along linear park Materials) and/or landfill/ other stabilization work Revised0Enviro0ning0Land00P1729920.docx 92 Environmental and Social Management Framework Greening Land Preliminary Project Possible Activity / possible Issue Mitigation measures phase Source of impact impact assessment • Damage to containment cells cells along linear park and/or landfil b) Monitoring The ESMP identifies monitoring objectives and specifies the type of monitoring, with linkages to the impacts assessed in the environmental and social assessment and the mitigation measures described in the ESMP . Specifically, the monitoring section of the ESMP provides(a) a specific description, and technical details, of monitoring measures, including the parameters to be measured, methods to be used, sampling locations, frequency of measurements, detection limits (where appropriate), and definition of thresholds that will signal the need for corrective actions; and (b) monitoring and reporting procedures to (i) ensure early detection of conditions that necessitate particular mitigation measures, and (ii) furnish information on the progress and results of mitigation. (c) Capacity development and training - To support timely and effective implementation of environmental and social project components and mitigation measures, the ESMP draws on the environmental and social assessment of the existence, role, and capability of responsible parties on site or at the agency and ministry level. - Specifically, the ESMP provides a specific description of institutional arrangements, identifying which party is responsible for carrying out the mitigation and monitoring measures (e.g. for operation, supervision, enforcement, monitoring of implementation, remedial action, financing, reporting, and staff training). - To strengthen environmental and social management capability in the agencies responsible for implementation, the ESMP recommends the establishment or expansion of the parties responsible, the training of staff and any additional measures that may be necessary to support implementation of mitigation measures and any other recommendations of the environmental and social assessment. c) Implementation schedule and cost estimates For all three aspects (mitigation, monitoring, and capacity development), the ESMP provides: (a) an implementation schedule for measures that must be carried out as part of the project, showing phasing and coordination with overall project implementation plans; and (b) the capital and recurrent cost estimates and sources of funds for implementing the ESMP. These figures are also integrated into the total project cost tables. d) Integration of ESMP with project The Borrower's decision to proceed with a project, and the Bank's decision to support it, are predicated in part on the expectation that the ESMP (either stand alone or as incorporated into the ESCP) will be executed effectively. Consequently, each of the measures and actions to be implemented will be clearly specified, including the individual mitigation and monitoring measures and actions and the institutional responsibilities relating to each, and the costs of so doing will be integrated into the project's overall planning, design, budget, and implementation. Revised0Enviro0ning0Land00P1729920.docx 93 Environmental and Social Management Framework Greening Land [Generic ESMP ToR] A. Scope of Work The Consultant is required to prepare ESMP highlighting a set of mitigation, monitoring, and institutional measures to be taken during implementation and operation to eliminate or reduce adverse environmental and social impacts to acceptable levels. The plan will also include the actions needed to implement these measures. To prepare a management plan, the Consultant will identify (a) identify the set of responses to potentially adverse impacts; (b) determine requirements for ensuring that those responses are made effectively and in a timely manner; and (c) describe the means for meeting those requirements. An ESMP should include the following components: • Description of Adverse Effects: The anticipated environmental and social effects are identified and summarized. • Description of Mitigation Measures: Each measure is described with reference to the effect(s) it is intended to deal with. As needed, detailed plans, designs, equipment descriptions, and operating procedures are described. Measures to enhance positive impacts should also be proposed. • Description of Monitoring Program: Monitoring provides information on the occurrence of environmental effects. It helps identify how well mitigation measures are working, and where better mitigation may be needed. The monitoring program should identify what information will be collected, how, where and how often. It should also indicate at what level of effect there will be a need for further mitigation. • Institutional Arrangement: The people, groups, or organizations that will carry out the mitigation and monitoring activities are defined, as well as to whom they report and are responsible. There may be a need to train people to carry out these responsibilities, and to provide them with equipment and supplies. Reporting procedure including grievance redress mechanism should also be proposed. • Implementation Schedule: The timing, frequency and duration of mitigation measures and monitoring are specified in an implementation schedule and linked to the overall subproject schedule. • Cost estimates and sources of funds: These are specified for the initial subproject investment and for the mitigation and monitoring activities as a subproject is implemented. Funds to implement the ESMP may come from the subproject grant, from the community, or both. Government agencies and NGOs may be able to assist with monitoring. Please note that the methods for monitoring the implementation of mitigation measures or environmental effects should be as simple as possible. Further guidance on preparation of ESMP can also be provided, if required. The ESMP will be required to be reviewed and cleared by the World Bank. B. Deliverables and Proposed/Indicative Structure of ESMP Report The proposed structure of the ESMP report is as follows: • Executive Summary: This should provide a general summary of the ESMP contents and key findings, in a vocabulary that is easily understood by the general public. It should be clear, concise ranging from 3 to 5 pages; • Introduction: An introduction describing the ESMP purpose, objectives, principles and methodology. This section should introduce the project proponents, the study team, and provide other relevant information. The layout of ESMP should also be described to facilitate its use; • Sub-Project Description: A description of the subproject which will include background, purpose and different components. Also indicate any subproject specific resource requirements such as material, manpower, equipment, etc. • Environmental Baseline of Subproject Area: This section gives site specific overview of baseline covering physical and biological environment. It will include ambient air quality, noise, temperatures, rainfall, etc. • Socio-Economic Profile of Subproject Area: This section describes socio-economic profile of the subproject area. It will cover community structure, planned development activities, population, occupation and livelihoods, methods of communication and transport, cultural heritage sites, etc. • Stakeholder consultation and Information Disclosure: This section will describe the objective, process, and outcome of the stakeholder consultations carried out during the ESMP preparation. This section should also list arrangements for disclosing subprojects information in order to comply with the Bank’s Policy of Disclosure of Information. Revised0Enviro0ning0Land00P1729920.docx 94 Environmental and Social Management Framework Greening Land • Impacts and Mitigation: This section will identify all positive as well as negative environmental and social impacts with cost effective and feasible measures to reduce adverse environmental impact to acceptable level. It will describe with technical details mitigation measures including the type of impact to which it relates to. It will also describe methodology for social impacts • Environmental Management and Monitoring Plan: This section will provide specific description and technical details of monitoring measures including the parameters to be measured, methods to be used, sampling locations, frequency of measurements, detection limits (where appropriate), and definition of thresholds that will signal the need for corrective actions. The monitoring and reporting procedures will ensure early detection of conditions that necessitate particular mitigation measures, and furnish information on the progress and results of mitigation. • Institutional Arrangement: Detailed description of institutional arrangements, roles and responsibilities and reporting procedures should be presented. This section should also propose capacity building and training plan for implementing agencies responsible for this project. • ESMP Implementation Budget: An ESMP implementation budget estimates are provided here. The budget will include funds for institutions development activities, training programs for implementation teams and local/national institutions, technical assistance to authorities, costs for preparations of EMPs and other safeguard documents; and • Annexures: Technical annexes to support ESMP implementation. C. Qualifications and Skills Required The Consultant needs to demonstrate that the proposed ESMP preparation team has the expertise required to fully appreciate the requirements of all the Safeguards Policies to be addressed in the ESMP, and to complete all required sections of the ESMP. The team should include appropriate number of specialists from different disciplines including but not limited to environmental sciences, social sciences and GIS expert. The team should have complete understanding of the national legislative requirements as well as WB safeguard policies. Revised0Enviro0ning0Land00P1729920.docx 95 Environmental and Social Management Framework Greening Land Guidelines for ESMP Screening Checklist The following check list is developed for low and moderate risk category project. This format provides the key elements of an Environmental and Social Management Plan (ESMP) in order to satisfy the requirements defined in the Environmental and Social Management Framework, i.e. requirements under ESS1. The checklist has one introduction section and three main parts: • Introduction part includes general information about the proponent/grant applicant, information about proposed project activities, as well as responsible persons for preparation of the ESS Check-list and its approval. • Part I includes institutional and administrative information for the sub-project and specifies in terms the institutional and legislative aspects, the technical project content, the potential need for capacity building program and description of the public consultation process. • Part II includes the environmental and social screening in a simple Yes/No format followed by mitigation measures for any given activity. • Part 3 is a monitoring plan for activities during project construction and implementation. It retains the same format required for standard World Bank ESMPs. It is the intention of this checklist that Part 2 and Part 3 be included as bidding documents for contractors. ESMP Checklist (Parts 1-3) will be updated and supplemented for each sub-project as needed to comply with the ESMF. Introduction part General Information about the Project and Proponent / Grant Applicant Proponent/Grant Applicant’s name: Address (street and number, postal code and city): Project name: Main project activities: Responsible person completing the ESS Check-list: ESMP Check-list completion date: Revised0Enviro0ning0Land00P1729920.docx 96 Environmental and Social Management Framework Greening Land PARTI1: Institutional & Administrative Country Project title Scope of project and activity Institutional arrangements (Name and contacts) Project Management Team Municipalities Implementation arrangements Safeguard Local Local Contractor (Name and contacts) supervision Counterpart Inspectorate Supervision Site Description Name of site Describe site location Annex 1: Site information (figures from the site) [ ]Y [ ] N Who owns the land? Geographic description Legislation Identify national & local legislation & permits that apply to project activity Public Consultation Identify when / where the public consultation process took place Institutional capacity Building Will there be any capacity building? [ ] N or [ ] Y if Yes, ESMF includes the capacity building information Revised0Enviro0ning0Land00P1729920.docx 97 Environmental and Social Management Framework Greening Land PART II: Environmental / Social Screening Will the site activity include/involve any of the following: Additional Activity Status references A. Construction and rehabilitation [ ] Yes [ ] No See Section A, activities B,C,D below B. Performance of activities in the [ ] Yes [ ] No See Section A, B rivers or theirs surrounding below C. Toxic material [ ] Yes [ ] No See Section A, C below D. Affected forest, wetland and or [ ] Yes [ ] No See Section A, B, protected area C, D below PART III. Monitoring Plan Phase What Where How When Why Monitoring Responsibility Supervision parameter is the is the is the is the Cost observation and is to be parameter parameter parameter to parameter What is the cost comments monitored? to be to be be monitored- being of equipment or (to be filled out monitored? monitored/ frequency of monitored? contractor during type of measurement charges to supervision with monitoring or perform reference to equipment? continuous? monitoring? adequate measuring Install Operation Install Operation reports) Construction Phase Operation Phase Decommissioning Phase Revised0Enviro0ning0Land00P1729920.docx 98 Environmental and Social Management Framework Greening Land Table 15 Social Screening Checklist Activity Yes/No If Yes, prepare measure, otherwise ESMP Disputed land ownership of some parcels Prepare RAP (nationalization and other issues) Project includes permanent acquisition of active Prepare RAP agricultural or economically viable private land Project includes temporary or definite closure of Prepare RAP business Project is affecting Cultural heritage or other site Prepare Cultural Management Plan relevant to culture of the local population Project includes moderate and intensive transport Community Health and Safety Assessment and Traffic of materials and people on a distance over 1km, Management Plan and near (max 300m) and/or through settlements or socially important locations such as Schools, Religious objects, Recreational locations, Hospitals Project includes water processing Community Health and Safety Assessment, and /or Emergency Preparedness and Response Plan Table 16 Template for ESMP Supervision Cost Responsibility Environmental observation and Mitigation Phase and Social comments Measures Impact (to be filled out during supervision) Install Operation Install Operation Construction phase Operation phase Decommissioning phase Revised0Enviro0ning0Land00P1729920.docx 99 Environmental and Social Management Framework Greening Land Annex 5. List of Applicable Kosovo Legislation Kosovo has sought to develop its environmental policy and legislation to be generally in line with EU standards. There is no specific Law (primary legislation) on land contamination in Kosovo. However, there are a number of instruments of secondary legislation (Administrative Instructions - AIs) which relate to contaminated site management deriving from other primary laws. The basic legal acts for relevant to management of contaminated land, mitigation measures and its proper disposal are: • Law No.04/L-060 on Waste – Annex o AI MOIE No. 22/2015 for management of wastes containing asbestos o AI MOIE No.21/2014 for waste management from the extractive industry and mining o AI (GRK) No.08/2017 of waste storage management o AI (GRK) No. 06/2016 on conditions for selecting the location of the waste landfill construction o AI No.15/2012 of waste landfills management o AI MOIE No.14/2017 on wastes containing material persistent organic pollutants (POP) o AI MOIE No.02/2017 for a list of hazardous waste according to the origins o AI MOIE No.15/2015 on waste management of fluorescent tubes containing mercury o AI MOIE No. 10/2015 for waste treatment of medical products o AI MOIE 07/2015 on management of wastes from construction and from demolition of the building objects o AI MOIE No.05/2015 for management of biphenyls and triphenyl polychlorinated and wastes with PCB and PCT o AI MOIE No.01/2015 of the OECD list of waste o AI MOIE No.29/2014 on sludge management by treatment of polluted waters o AI MOIE No.25/2014 on waste management of electrical and electronic equipment and restrictions on use of hazardous in electrical and electronic equipment o AI MOIE No.26/2014 on waste management from batteries and accumulators o AI MOIE No. 27/2014 for waste management by packaging and wrappings o AI No. 16/2013 on the limit values for concentrations of hazardous components in waste o AI No. 07/2014 for powers of waste holder, manufacturers and product importers o AI MOIE No. 20/2014 for biodegradable waste management o AI No. 09/2014 of waste management license o AI No. 13/2013 on state waste catalogues o AI MOIE No. 22/2013 on the management of medical human and veterinary wastes o AI No. 05/2013 on management of used oils and waste oils o AI No.11/2013 on specification of technical requirements and other applications of plastic bags o AI No.23/2012 on management of disposed and waste tires • Law No. 03/L-025 on Environmental Protection o AI No. 06/2008 on Administration of Hazardous Wastes o AI (GRK) No. 11/2018 on Limited values of emissions of polluted materials into soils o AI No. 02/2009 on Allowing norms of hazardous substances and harmful presence in soil o AI MOIE No. 04 /2018 on Preventing major accidents involving hazardous substances o AI No.10/2011 on Preventing quantity accidents involving hazardous substances o AI No.05/2011 on the Methodology of risk assessment from chemical accidents and measures for consequence elimination • Law No. 03/L-163 on Mines and Minerals o Regulation No. 02/2012 on Mining Waste Management Other relevant legislation during design, implementation and operation stage: • Law No.03/L-214 on Environmental Impact Assessment o AI MOIE No. 16/2015 on information, public participation and interested parties in the proceedings of environmental impact assessment o AI No. 08/2012 on determining of documentation for application for environmental consent according to nature of the project • Law No. 04/L-197 on Chemicals • Law No. 03/L-119 on Biocide Products Revised0Enviro0ning0Land00P1729920.docx 100 Environmental and Social Management Framework Greening Land • Law No.04/L-147 on Waters of Kosovo o AI MOIE No.15/2017 on criteria of determining the sanitary protection zones for water resources o AI MOIE No. 09/2017 instruction for design, construction and use of dams o AI MOIE No. 04 /2016 on criteria and procedures for the protection of the water flows coasts and accumulations o AI MOIE No. 19/2015 for protection from harmful water actions • Law No. 03/L-043 on Integrated Prevention Pollution Control o AI No.01/2011 on procedures for development and approval of documents to referral to the best possible techniques. o AI No.03/2011 on form, content and completing method of application for an integrated permit o AI No.17/2010 for license requirements for specific types of operations and plants • Law No. 03/L-160 on Air Protection from Pollution o AI (GRK) No. 01/2016 on mechanism for monitoring greenhouse gas emissions o AI (GRK) No. 21/2013 for arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in air o AI No. 02/2011 on air quality assessment o AI No.15/2010 AI on criteria for defining of air quality monitoring points, number and frequency of measurements, classification of pollutants which are monitored, the methodology of work, form and timing • Law No.03/L-233 of Nature Protection • Law No. 04/L-161 on Safety and Health at Work o Regulation (MLSW) No.07/2017 on the protection of employees from risks related to exposure to asbestos at work o Regulation (MLSW) No. 04/2017 on the protection of employees from risks related to exposure to carcinogens and mutagens at work o Regulation (MLSW) No. 10/2017 on safety and health protection of employees from the risks related to chemical agents at work o Regulation (MLSW) No. 05/2017 on protection of workers from risks related to exposure to biological agents at work • Law No. 02/L-102 on Noise Protection • Law No. 06/L-029 on Radiation Protection and Nuclear Safety • Law No. 03/L-139 on Expropriation of Immovable Property • Law No. 04/L-013 on Cadaster • Law No. 04/L-174 on Spatial Planning • Law No.04/L-110 on Construction • Law No. 06/L-024 on Treatment of Constructions without Permit • Law No. 04/L-027 for Protection Against Natural and Other Disasters Resource: Official Gazette of the Republic of Kosovo: https://gzk.rks-gov.net Revised0Enviro0ning0Land00P1729920.docx 101 Environmental and Social Management Framework Greening Land Annex 6. Project Standards Table 17 Air Quality Standards Time/ Maximum Allowable Limit Pollutant Averaging Project Period EU19 National20 IFC / WHO21 Standard Hourly 350 350 - 350 SO2 (µg/m3) 125 (Interim target-1) 24-hour 125 125 50 (Interim target-2) 125 20 (guideline) Hourly 200 200 200 (guideline) 200 NO2 (µg/m3) 22 Yearly 40 40 40 (guideline) 40 150 (Interim target-1) 100 (Interim target-2) 24-hour 50 50 50 75 (Interim targe-3) 3 50 (guideline) PM10 (µg/m ) 70 (Interim target-1) 50 (Interim target-2) Yearly 40 40 40 30 (Interim targe-3) 20 (guideline) 35 (Interim target-1) - 23 25 (Interim target-2) Yearly 25 25 15 (Interim targe-3) 10 (guideline) Fine particles (PM2.5,µg/m3) 75 (Interim target-1) 50 (Interim target-2) 24-hour - - 75 37.5 (Interim targe-3) 25 (guideline) 24-hour - - - 20024 Settled Dust (mg/m2/day) Yearly 210 Maximum daily 8- 160 (Interim target- Ozone µg/m3 hour average in 120 120 1) 120 calendar year 100 (guideline) Asbestos – Inside work areas (fibers/liter) 8-hour 100 100 1 (or the background Asbestos – Outside work areas (fibers/liter) 24-hour 1 airborne fiber concentration, if higher) Arsenic (As) (ng/m3)25 1 year 6 6 Cadmium (Cd) (ng/m3) 16 1 year 5 0.02 3 16 Nickel (Ni) (ng/m ) 1 year 20 20 19 Directive 2008/50/EC, 21 May 2008, ambient air quality and cleaner air 20 Administrative Instruction No.02/2011. 21 IFC General Environmental, Health, and Safety (EHS) Guidelines (WHO stands for World Health Organization) 22 This is the annual limit for the protection of human health (30 μg/m3 is the annual limit for the protection of vegetation) 23 25 μg/m3 is the annual limit for the protection of vegetation. No data for human health protection 24 Best practice limit for dust deposition, as suggested by Vallack, H. W. & Shillito, D. E. (1998), “Suggested guidelines for deposited ambient dust�, Atmospheric Environment, Vol.32, pp.2737-274 25 Heavy metals are maximum allowable limits from the total content of the PM10 fraction averaged over one year. Limits are from Directive 2004/107/EC Revised0Enviro0ning0Land00P1729920.docx 102 Environmental and Social Management Framework Greening Land Table 18 Limited Values of Soil contamination Soil contamination limitations according to Administrative Instruction No.11/2018, published by MOIE Measured Units Parameters B - Acceptable contamination, but C - High contamination A - Clean further investigations are required and needs to be cleaned Arsenic mg/kg of dry soil 30 55 80 Barium mg/kg of dry soil 200 625 2000 Cadmium mg/kg of dry soil 3 12 25 Chromium mg/kg of dry soil 300 600 800 Cobalt mg/kg of dry soil 20 240 300 Copper mg/kg of dry soil 200 300 500 Lead mg/kg of dry soil 200 300 600 Mercury mg/kg of dry soil 1.5 5 10 Molybdenum mg/kg of dry soil 10 40 200 Nickel mg/kg of dry soil 300 600 800 Selenium mg/kg of dry soil 2 100 200 Tin mg/kg of dry soil 20 50 300 Zinc mg/kg of dry soil 300 500 1000 For asbestos in soils, a conservative concentration of 1,000 mg/kg (i.e. 0,1% in mass) can be used as a preliminary decision-making threshold to determine how to approach excavation and handling of the material in a specific construction site. The value of 1,000 mg/kg to determine whether a waste containing asbestos is hazardous or not is the threshold defined by the European Commission notice on technical guidance on the classification of waste (2018/C 124/01) dated 09 April 2018 based on Directive 2008/98/EC (‘Waste Fram ework Directive’ or ‘WFD’) and Commission Decision 2000/532/EC on the list of waste (‘List of Waste’ or ‘LoW’), as revised in 2014 and 2017. Table 19 Wastewater Standards Effluent Effluent Limit values of concentration of hazardous substances allowed to be discharged in the public Wastewater Wastewater sewage and water bodies (based on river categories)26 Standards Standards for for Discharge Domestic Domestic No Parameter Cat.II Cat.III Cat.IV Cat.V on public Wastewater Wastewater sewage (EU)27 (IFC)28 1 Temperature °C 25 30 35 35 45 - - At °C not more than: 2 3 3 3 - 2 pH 6.5 - 8 6 - 8.5 6 - 8.5 6 - 8.5 5.5 - 9 - - 3 Colour - Weak Weak Weak - - - 4 Aroma - Weak Weak Weak - - - 5 Suspended solids mg/L 35 35-60 60-150 150 300 35 50 6 Precipitation substances 0.5 0.5 1 1 10 - - ml/1h 7 BOD5 mg/L 25 25 40 80 250 25 30 8 COD mg/L 125 125 200 400 700 125 125 9 Organic Carbon total 15 30 30 40 - - - mg/L 10 Aluminium mg/L 2 3 3.5 4 4 - - 11 Arsenic mg/L 0.05 0.1 0.2 0.2 0.5 - - 12 Barium mg/L 2.5 3 4 5 5 - - 13 Lead mg/L 0.2 0.5 0.75 1 2 - - 14 Bohr mg/L 1.5 2 2.5 3 4 - - 15 Cadmium mg/L 0.01 0.05 0.1 0.2 0.5 - - 26 According to Kosovan Administrative Instruction No. 13/2008 27 EU standards from Directive 91/271/EEC concerning urban wastewater treatment 28 IFC General Environmental, Health, and Safety (EHS) Guidelines Revised0Enviro0ning0Land00P1729920.docx 103 Environmental and Social Management Framework Greening Land 16 Cobalt mg/L 0.5 1 1.25 1.5 2 - - 17 Total Chromium mg/L 0.5 1 1.25 1.5 2 - - 18 Chromium6+ mg/L 0.05 0.1 0.15 0.15 0.2 - - 19 Iron mg/L 2 3 4 5 10 - - 20 Copper mg/L 0.1 0.25 0.4 0.5 0.7 - - 21 Nickel mg/L 0.5 1 1 1.5 2 - - 22 Vanadium mg/L 0.05 0.05 0.075 0.075 0.1 - - 23 Mercury mg/L 0.005 0.01 0.01 0.1 0.5 - - 24 Silver mg/L 0.1 0.15 0.2 0.3 0.5 - - 25 Manganese mg/L 1.5 2 2.5 2.5 4 - - 26 Zinc mg/L 0.5 1 1.5 2 2 - - 27 Alloy mg/L 0.75 1 1.25 1.5 2 - - 28 Selenium mg/L 0.02 0.03 0.04 0.05 0.1 - - 29 Chlorine mg/L 0.2 0.25 0.3 0.3 0.3 - - 30 Ammonia as NH4 mg/L 0.2 0.5 0.8 1 10 - - 31 Nitrites mg/L 0.2 0.5 1 1.5 10 - - 32 Nitrates mg/L 30 35 40 40 50 - - 33 Total nitrogen mg/L - - - - 15 15 10 34 Total Sodium mg/L 10 15 15 20 - - - 35 Cyanides mg/L 0.001 0.005 0.01 0.02 0.2 - - 36 Fluorides mg/L 1.5 2 2.5 2.5 5 - - 37 Orthophosphate s mg/L 1 2 3 4 - - - 38 Total Phosphorus mg/L 1 1 1.5 2 10 2 2 39 Sulphates mg/L 150 200 250 250 400 - - 40 Sulphites mg/L 1 2 4 5 10 - - 41 Oils and grease mg/L 4 5 7 10 50 - 10 42 Mineral oils mg/L 0.5 1 2 4 10 - - 43 Aldehydes mg/L 1 1.5 2 2 2 - - 44 Chlorinated Hydrocarbons 1.5 2 2.5 3.5 5 - - mg/L 45 Phenols mg/L 0.01 0.01 0.015 0.015 0.3 - - 46 Anionic detergents mg/l 1 2 4 4 10 - - 47 Non-ionized detergents 1 2 4 4 10 - - mg/l 48 Cationic detergents 0.5 1 1 2 5 - - 49 Aromatic hydrocarbons 0.01 0.02 0.03 0.05 0.2 - - mg/l 50 Organic chlorinated pesticides mg/l 0.002 0.003 0.005 0.007 0.05 - - 51 Organophospho rus 0.002 0.025 0.003 0.005 0.01 - - pesticides mg/l 52 Organic compounds mg/l 0.01 0.01 0.02 0.03 0.05 - - 53 Total alcohol mg/l 0.5 1 1.5 1.5 10 - - 54 General radioactivity Bq/l 0.25 0.27 0.27 0.3 0.37 - - 55 Total active surface 4 5 7 10 20 - - materials mg/l 56 Total coliforms TC in 100 400 ml 4500 5000 5500 6000 - MPN16/100 - ml 57 Faecal coliforms FC in 900 1000 1200 1500 - - - 100 ml 58 Faecal streptococcus FS 90 100 120 150 - - - in 100 ml 59 Pathogenic microorganisms present - - - - - - - Revised0Enviro0ning0Land00P1729920.docx 104 Environmental and Social Management Framework Greening Land Table 20 Limits for Atmospheric Emissions from Stationary Sources Source Pollutant Project Standard (IFC)29 (mg/Nm3) Diesel generators 1,46030 NOx 1,85031 SO2 - 32 PM 50 CO - 29 IFC General Environmental, Health, and Safety (EHS) Guidelines 30 IFC Standard: exhaust bore size diameter [mm] < 400 31 IFC Standard: exhaust bore size diameter [mm] > or = 400 32 1.5 percent Sulphur or up to 3.0 percent Sulphur Revised0Enviro0ning0Land00P1729920.docx 105 Environmental and Social Management Framework Greening Land Annex 7. Guidelines on Environmental and Social Impact Assessment (ESIA) This section presents the methodology for the environmental and social impact assessment developed to meet both National and International standards and requirements. The following figure summarizes the phases of the preparation of the ESIA report and the methodology described in this document. Preliminary Categorization of Definition of the Definition of the Scoping the Project project components area of influence identification of impacts Baseline Primary and secondary data Baseline reporting collection for the environmental and Studies (current status) social components Impact Impact Impact Assesment analysis assessment Management Management Plans for Definition of Mitigation Measures Plans Significant Impacts Public disclosure of the project Finalization of the ESIA report Disclosure information and ESIA findings reflecting public concerns Monitoring Monitoring Plans to assess the recommended mitigation measures effectivness toward the environmental ans social components potentially affected by the Plans impacts Monitoring Management plans follow-up Figure 13 Phases of the ESIA process The proposed general methodology for Environmental and Social Impact Assessment studies aims to be analytical and transparent and to allow for a semi-quantitative analysis of the impacts on the various environmental and social components. This methodology is based on the premise that projects can generate both negative and positive impacts whose magnitude that can be evaluated considering the different characteristics of the project activities and of the environmental and social context. This methodology is based on three main analytical phases, as described below: Phase 1: Identification of Project Actions and Impact Factors • Project actions: activities directly or indirectly related to the project that can interfere with the context, generating environmental or social pressures; • Impact factors: direct or indirect interferences generated by the project actions on the context and able to influence the state or quality of one or more environmental and social components; Phase 2: Identification of Environmental and Social Components and Sensitivity level allocation • Identification of the components potentially subject to interference: using a specific cross-refence matrix between the impact factors and the project actions, it is the process identifying the components potentially subject to impacts in each phase of the project (for example: construction, operation; decommissioning). • Sensitivity of the component: sum of the conditions characterizing the current quality and/or the dynamics of a specific environmental and social component and/or of its resources; Phase 3: Impact Assessment • Impacts: changes suffered by the environmental and/or social quality status due to the effects caused by the impact factors on the environmental or social components; • Mitigation measures: actions adopted to mitigate negative impacts or to maximize the effects of positive impacts on the environmental and social components. The three phases are illustrated in the figure below and described in the following paragraphs. Revised0Enviro0ning0Land00P1729920.docx 106 Environmental and Social Management Framework Greening Land What are the interferences produced by the project What are the components potential impacted by the action on the environment and society? project and what is their sensitivity? A set of different components of the Definition of the Identification of Based on the geographic context and projects are identified based on Valued Project the identification of the project actions, physical, construction and operational Environmental Components VECs are identified. features. Components A list of measurable chemical, physical, biological, economical and social Definition of the The area likely to be affected by Identification of elements generated by the project are Area of impacts from the project activities, Project Actions identified and associated to each Influence assets and facilities. project action.. A function of one or more intrinsic A list of key construction, operational Definition of the features of components (presence of Identification of and decommissioning actions are Sensitivity of the elements or particular value, vulne- Impact Factors identified and associated to the various VECs rability, a function of existing high levels components. of environmental degradation) Impact Factors Sensitivity Impact Assessment How are impacts assessed? Impacts are the result of the interaction Identification of between the impact factors and the Impacts environmental and social components Mitigation A set of measures to avoid, minimize, Measures restore, and compensate impacts Assessment of the changes undergone Impact by the environmental and social Assessment components state or quality Figure 14 Analytical phases of the Impact Assessment Methodology Phase 1: identification of Project Actions and Impact Factors Identification of the Project Actions Project Actions are activities directly or indirectly related to the project which can interfere with the environment as primary generative elements of environmental or social pressures, defined in the context of this methodology as impact factors. The actions derive from the analysis and breakdown of the intervention foreseen to complete the project taking into account the whole project’s lifecycle (i.e. design, construction, operation and decommissioning). Examples of Project actions for typical greenfield infrastructure projects include, but are not limited to: • Land acquisition: includes all necessary administrative and field activities that allow the project proponents to enter in possession of the Project areas; • Vegetation clearing: includes removal of natural vegetation, particularly trees and shrubs to allow excavators and dozers to enter the work areas and other project areas; • Topsoil/soil removal and storage: includes stripping of the first layers of vegetated topsoil (including the herbaceous vegetation) for storage on dedicated areas and all actions to prevent soil degradation like water runoff and wind erosion; and • Site levelling and grading: includes excavation and earthwork to generate the surface upon which the project will be constructed. It can include excavation through soft soil, excavation through rocks and excavation through sediments. Identification of the Impact Factors Revised0Enviro0ning0Land00P1729920.docx 107 Environmental and Social Management Framework Greening Land Project Actions can determine Impact Factors on the components, intended as potential interferences that can influence, both positively or negatively, directly or indirectly, the environmental and/or social quality. The following list presents typical impact factors generated by infrastructure projects: • Greenhouse gases emissions • Ozone depleting substances emissions • Dust and particulate matter emissions • Gaseous pollutants emissions • Changes to the local morphology • Removal of topsoil • Demand for freshwater • Demand for potable water • Discharge of wastewater • Changes in flow/circulation in natural water bodies • Changes in sedimentation patterns • Noise emissions • Vibration emissions • Introduction of new buildings/infrastructures • Removal of buildings/infrastructures • Demand for waste disposal services • Demand for industrial materials (sand, gravel, etc.) • Removal of natural vegetation • Introduction of alien species • Change in land use • Demand for workforce • Demand for goods, materials and services • Demand for energy • Traffic increase • Interruption/limitation of infrastructures/services Influx of workers • Resettlement of people/businesses • Site restoration. The list of impact factors for the project should be verified and modified, if needed, based on the actual project actions that will be identified. Accident or unplanned events (such as accidental spills/releases of oil/fuel from vehicles), are not considered as impact factor because the potential pollution of environmental components deriving from such events cannot be associated with the ordinary functioning of the site. Such accidents are managed in a specific section of the Impact Study. Phase 2: Identification of Environmental and Social Components and Sensitivity level allocation Following the identification of the impact factors generated by the Project, a Project Actions – Impact Factors matrix is prepared. For each phase of the Project the correlation with the Actions and Impact Factors is highlighted in the matrix to identify the list of impact factors generated by each single Project Action. Based on the Project Actions – Impact Factors matrix, for each project phase tables are generated listing the impact factors from the single phase and the potentially impacted component(s). Each environmental and social component in the area of influence of the project has a different sensitivity to the impact factors generated by the project or can pose a different level of risk to the project. The sensitivity of an environmental component is typically evaluated on the basis of the presence/absence of some features which define both the current degree of the environmental quality and the susceptibility to environmental changes of the component. As examples, for physical components the sensitivity is typically related to the presence of elements that are at the highest or lowest scale of quality, for biodiversity it is related to the presence of threatened, endemic, or protected species or habitats and for social components to the presence of vulnerable elements of the community like poor, elderly, members of ethnic or religious minorities, indigenous people, etc. The sensitivity (S) of the component is defined using component-specific metrics during the baseline and can assume values between 1 and 5 associated to a definition from Low to High. The S value is assigned considering both the component’s characteristics and the possible presence of sensitivity features. Revised0Enviro0ning0Land00P1729920.docx 108 Environmental and Social Management Framework Greening Land The following list presents potential sensitivity features to be considered in defining the sensitivity of typical environmental and social components considered in ESIA studies. The specific metrics and levels of sensitivity for each of the features considered is defined during the baseline studies specific for each project. Geology and geomorphology: • Presence of faults: areas with active faults are considered to pose highest risks to the project and hence are considered of higher sensitivity; • Presence of landslides: areas within the range of landslides are considered to pose highest risks to the project and hence are considered of higher sensitivity; • Other geohazards: (karst areas, slope erosion, liquefaction, stream channels, etc.). the presence of other geohazards in the project area is considered of higher sensitivity; • Seismicity: the location of the project in areas classified as at seismic risk is considered of higher sensitivity Soils: • Soil agricultural potential: soils with highest agricultural potential according to local or global assessments are attributed a higher sensitivity; • Soil erosion potential: soils with highest erosion potential according to local or global assessments are attributed a higher sensitivity; • Soil pollution potential: soils in areas identified and previously used for industrial, mining, or intensive agriculture are attributed a higher sensitivity. Surface water • Presence of waterbodies in the project area of influence and level of ecological integrity; the sensitivity increases with the level of ecological integrity; • Presence of waterbodies in the project area of influence and level of water/sediment pollution; the sensitivity increases in the presence of polluted watercourse; • Presence of waterbodies and level of tolerance to hydrological changes; the sensitivity is higher for waterbodies with a low level of tolerance for hydrological changes; Groundwater • Presence of shallow aquifers; the sensitivity increases with the presence of shallow aquifers that could be more easily exposed to contamination source; • Productivity of exploited aquifers; aquifers with low productivity might be depleted in case the project entails groundwater abstraction. The sensitivity is higher for aquifer with low productivity; • Presence and extent of existing groundwater exploitation; the sensitivity is higher for aquifers already exploited; • Rock permeability; the sensitivity increases in case the subsoil is made of rocks with high permeability. • Aquifer vulnerability; the sensitivity increases with the vulnerability of the aquifer as determined by accepted methodologies; Landscape and visual quality: • Presence and number of settlements/people within the visual zone of visual influence; • Presence of areas of touristic interest within the visual zone of visual influence; • Presence of roads and volume of traffic within the visual zone of visual influence; • Presence of archaeological, cultural, historic areas within the visual zone of visual influence; Presence of natural parks protected and classified areas within the visual zone of visual influence. Climate • The project area is characterized by an extreme climate (semi-desert, sub-arctic, etc.) and/or by a high frequency of extreme events (tornadoes, floods, droughts, etc.). • There is evidence of the effects of climate change within the project area of influence. • The project area has a limited ability to adjust to climate change. Air quality • Presence of settlements and population potentially exposed to air emissions from the project; the sensitivity increases with the number of people exposed; Revised0Enviro0ning0Land00P1729920.docx 109 Environmental and Social Management Framework Greening Land • Presence of vulnerable targets (schools, hospitals, retirement houses, etc.) exposed to air emissions from the project; the sensitivity increases with the number of vulnerable people exposed; • Air quality levels in the areas affected by the project; the sensitivity increases in areas already polluted and in areas designated for air quality protection; • Presence of sensitive ecological receptors like protected or classified areas, protected or endangered habitats and species. Noise and vibration: • Presence of settlements and population potentially exposed to noise and vibration from the project; the sensitivity increases with the number of people exposed; • Presence of vulnerable targets (schools, hospitals, retirement houses, etc.) exposed to noise and vibration from the project; the sensitivity increases with the number of vulnerable people exposed; • Noise and vibration levels and/or sources in the areas affected by the project; the sensitivity increases in areas already experiencing high levels of noise and vibrations and in areas designated for protection from noise and vibrations; • Presence of sensitive ecological receptors like protected or classified areas, protected or endangered habitats and species. Flora • Number of species of flora present in the project area of influence. The sensitivity increases with the number of species present • Presence of threatened species of flora in the project area of influence as defined by global (IUCN) or national red lists. The sensitivity increases with the number of threatened species present and the threat level. • Presence of endemic or restricted range species of flora in the project area of influence as defined by global (IUCN) or national red lists. The sensitivity increases with the number of species present and the level of endemicity. • Presence of protected species or species listed in international conventions for the protection of biodiversity. The sensitivity increases with the number of protected/listed species. • Presence of invasive alien species. The sensitivity is higher in areas with a higher number of invasive alien species present. Fauna • Number of species of fauna present in the project area of influence. The sensitivity increases with the number of species present • Presence of threatened species of fauna in the project area of influence as defined by global (IUCN) or national red lists. The sensitivity increases with the number of threatened species present and the threat level. • Presence of endemic or restricted range species of fauna in the project area of influence as defined by global (IUCN) or national red lists. The sensitivity increases with the number of species present and the level of endemicity. • Presence of protected species or species listed in international conventions for the protection of biodiversity. The sensitivity increases with the number of protected/listed species. • Presence of invasive alien species. The sensitivity is higher in areas with a higher number of invasive alien species present. Habitats • Presence of natural habitats; the sensitivity increases with the surface of natural habitats present in the project area of influence. • Presence of threatened or protected habitats; the sensitivity increases with the surface of threatened or protected habitats present in the project area of influence. • Presence of critical habitats (CH); the sensitivity increases with the surface of critical habitats present in the project area of influence. Protected areas • Presence of protected areas; the sensitivity increases with the number, extent and level of protection of protected areas present in the project area of influence. Economy Revised0Enviro0ning0Land00P1729920.docx 110 Environmental and Social Management Framework Greening Land • Presence of skilled personnel; positive economic impact due to employment depends on the presence in the local workforce of the skills that are most relevant to the project. The sensitivity is higher for communities with skilled personnel. • Presence of businesses and economic activities relevant to the project; positive economic impact due to procurement of goods and services depends on the presence of economic activities in the local communities. The sensitivity is higher for communities with a well-structured business community. Health • Level of health care available; the project could cause a population influx that can put a strain to existing health services if left unmanaged. The sensitivity is higher in areas with an insufficient level of healthcare available; • Presence of communicable diseases; the spreading of communicable diseases can be exacerbated by the influx of workers due to the project. The sensitivity is higher in areas affected by a high level of communicable diseases. • Overall health state of the population; the project might cause increased levels of exposure to environmental health determinants like air pollutants, noise and vibrations, etc. The sensitivity is higher in the presence of existing health issues in the communities potentially affected by the project. • Presence of existing environmental health determinants. The presence of environmental health determinants like air and water pollution, soil and groundwater contamination are increasing the sensitivity. Cultural heritage • Presence of protected or recognized sites of archaeological or cultural value; the sensitivity increases with the number, cultural/scientific value and level of protection of sites potentially affected; • Presence of sites with a high archaeological potential in the absence of specific site information or appropriate protection mechanisms; the sensitivity increases with the archaeological potential as indicated by relevant experts; • Presence of intangible cultural values like sacred sites, initiation sites, sites used for cultural events, sites recognized in oral traditions, etc. the sensitivity increase with the number of sites and values as recognized by the local communities. The component’s Sensitivity can vary from low (1) to high (5) according to the followi ng definitions: • Low (1): the component does not present elements of sensitivity; • Medium-low (2): the component presents few elements of sensitivity that have limited significance; • Medium (3): the component presents numerous elements of sensitivity that have limited significance; • Medium-high (4): the component presents few elements of sensitivity that have high significance; • High (5): the component presents numerous elements of sensitivity that have high significance. Phase 3: Impact Assessment Scoring of the Impact Factors The impact factors identified during the analysis of the project and through the definition of the project phases and project actions are assessed for their relevance, using a scoring system. The parameters considered to assess the impact factor score are the following: Duration (D): is the duration of the impact factor. It may vary from short to long according to the following definitions: • Short: when the duration is shorter than one month; • Medium-short: when the duration is between one month and six months; • Medium: when the duration is between six months and two years; • Medium-long: when the duration is between two and five years; • Long: when the duration is over five year. Frequency (F): is the frequency with which the impact factor manifests itself. It may vary from concentrated to continuous according to the following definitions: • Sporadic, if it consists of a single event; • Moderately frequent, if it consists of a few events evenly or randomly distributed over time; • Frequent, if it consists of several events evenly or randomly distributed over time; Revised0Enviro0ning0Land00P1729920.docx 111 Environmental and Social Management Framework Greening Land • Highly frequent, if it consists of a high number of events evenly or randomly distributed over time; • Continuous, if the event has no interruption over time. Geographic extent (G): is the geographical area within which the impact factor can exert its effects. It may vary from project site to transboundary according to the following definitions: • Project footprint: the impact factor is confined within the facility boundary or exclusively controlled by the project; • Local: the impact factor extends to the areas or communities neighbouring the project site; • Regional: the impact factor extends to an area beyond the surroundings of the project site and to regional physical (airshed – watershed, etc.) or administrative boundaries; • Beyond regional: the impact factor extends throughout several regions or to the entire country; • Global: the impact factor has an international or global reach. Intensity (I): is a measure of the physical, economic or social extent of the impact factor. It may vary from negligible to very high according to the following definitions: • Negligible: the impact factor is generated in amounts that cannot be easily detected or perceived and that are unlikely to cause any detectable change in the target environmental or social components; • Low: the impact factor is generated in amounts that can be detected or perceived but whose effects are unlikely to cause tangible changes in the target environmental or social components; • Medium: the impact factor is generated in amounts that are within legal standards or accepted industry practices and/or whose effects are likely to cause tangible changes in the target environmental or social components; • High: the impact factor is generated in amounts that at the limit of legal standards or accepted industrial practices and/or whose effects are likely to cause serious impairment in the target environmental or social components; • Very high: the impact factor is generated in amounts that are at risk of exceeding the limits of legal standards or accepted industrial practices and/or whose effects are likely to cause very serious to catastrophic damage to the target environmental or social components. Each of the parameters listed above can have a value between 1 and 5. The severity of the impact is determined through an Impact Factor Score which sums the score of each of the 4 parameters, hence it can assume a value between 5 and 20. Calculation of the Impact Value The calculation of the Impact Value is done by multiplying the Impact Factor Score for the value of the sensitivity of the target component, determined during the baseline. The result is then weighted considering the impact reversibility. The reversibility is the property of an impact to reduce its intensity over time and to eventually disappear entirely. Reversibility may vary from reversible to irreversible according to the following definitions: • Short term: if the initial condition of the component will be restored in a period between weeks and months after the end of the impact factor and/or the restoration activities; • Short/mid-term: if the initial condition of the component will be restored in a period between a few months and one year after the end of the impact factor and/or the restoration activities; • Mid-term: if the initial condition of the component will be restored in a period between one year and five years after the end of the impact factor and/or the restoration activities; • Long term: if the initial condition of the component will be restored in a period between five and 25 years after the end of the impact factor and/or the restoration activities; • Irreversible: if it is not possible to predict restoration to the initial conditions. The reversibility is measured on a scale between 1 and 5. The Impact Value (IV) is calculated by multiplying the Impact Factor Score with the component’s Sensitivity level and with the Reversibility, according to the following formula: IV= IFS x S x R Revised0Enviro0ning0Land00P1729920.docx 112 Environmental and Social Management Framework Greening Land Calculation of the Residual Impact The next step consists in assessing the mitigation measures effectiveness to reduce or eliminate the negative impact (or to maximize the positive one). The mitigation measures should be defined with reference to the mitigation hierarchy listed below in descending order of effectiveness: • Avoid • Minimize • Restore • Compensate The effectiveness of the mitigation measures defined in the environmental and social management plan is assessed using expert judgement and the outcomes from previous applications of similar mitigation measures to similar projects. The definitions of the mitigation effectiveness may vary from none to high, as described below: • None: the measures can reduce the impacts by less than 20% of the expected outcome; • Low: the measures can reduce the impacts by 20% - 40% of the expected outcome; • Medium: the measures can reduce the impacts by 40% - 60% of the expected outcome; • Medium-high: the measures can reduce the impacts by 60% - 80% of the expected outcome; • High: the measures can reduce the impacts by more than 80% of the expected outcome. The Mitigation effectiveness is measured on a scale from 1 to 0.2 (1 = minimum effectiveness; 0.2 = maximum effectiveness). Positive impacts are typically associated with economic and social opportunities and sometimes with environmental aspects a project can solve (for example: a project located in a brownfield where existing environmental issues can be addressed). Projects are typically promoting activities to enhance the economic, social and environmental opportunities through specific programs, plans and measures including, for example, professional skills generation, community investment, shared value programs, remediation programs, biodiversity conservation projects, etc. The assessment of positive impacts is based on the same parameters used to assess the negative ones. The only difference is that the mitigation measures are replaced by enhancement measures, or measures to maximize the potential positive impacts. The enhancement measures effectiveness defined in the environmental and social management plan is assessed using expert judgement and the outcomes of previous application of similar enhancement measures to similar projects. The definitions of the enhancement effectiveness may vary from none to high as shown below: • None: the measures can enhance the positive impacts by less than 10% of the expected outcome; • Low: the measures can enhance the positive impacts by 10% - 20% of the expected outcome; • Medium: the measures can enhance the positive impacts by 20% - 30% of the expected outcome; • Medium high: the measures can enhance the positive the impacts by 30% - 40% of the expected outcome; • High: the measures can enhance the positive impacts by more than 40% of the expected outcome. The Residual Impact Value (RIV) is calculated multiplying the impact value with the impact mitigation effectiveness as per the following formula: RIV = IV x M Revised0Enviro0ning0Land00P1729920.docx 113 Environmental and Social Management Framework Greening Land Scale of Residual Impacts The scale of the residual impact resulting from the calculation described above ranges from 0.8 to 500. The impact value is then scaled to 5 levels by dividing into 5 classes with an equal number of values, the entire distribution of values obtained. The residual negative impacts are classified into 5 levels according to the table below: Residual impact Residual impact score definition 0.8 – 33.0 Negligible 33.1 – 76.0 Low 76.1 – 136.0 Medium 136.1 – 228.0 High 228.1 - 500 Very High The residual positive impacts are classified into 5 levels according to the table below: Residual impact Residual impact score definition 0.8 – 33.0 Negligible 33.1 – 76.0 Low 76.1 – 136.0 Medium 136.1 – 228.0 High 228.1 - 500 Very High Overall assessment The methodology described above allows for an analytical assessment of impacts caused by individual impact factors over individual components. The process therefore ends with a table presenting several impacts from different impact factors for each component. The table defines the assessment of the component’s overall impact. It is a synthesis of the impacts on a component from all the impact factors generated by the project actions. The impact assessment provides a comprehensive view of the impact value that actually affects the environmental or social component. The impact assessment is expressed based on the assessor’s experience, assigning higher weight to the values less favorable to the component’s protection, in order to guide the assessment toward a more prudential approach. Impacts are presented in separate tables for negative and positive impacts to avoid automatic trade-offs and/or mediating between positive and negative aspects, as they are often targeting different sections of the community. Cumulative Impact Assessment IFC Performance Standard 1 (2012) and another publication by IFC (Good Practice Handbook on Cumulative Impact Assessment and Management, August 2013) require that the ESIA includes a cumulative impact assessment (CIA), i.e. “cumulative impacts that result from the incremental impact, on areas or resources used or directly impacted by the project, from other existing, planned or reasonably defined developments at the time the risks and impacts identification process is conducted�. Those guidelines denote that the scope of the cumulative impact assessment should be commensurate with the extent of cumulative impacts anticipated. This gives good direction to produce a focused assessment, considering only relevant disciplines. Cumulative impacts are limited to those impacts generally recognized as important on the basis of scientific concerns and/or concerns from Affected Communities2. Revised0Enviro0ning0Land00P1729920.docx 114 Environmental and Social Management Framework Greening Land Good Practice Handbook proposes as a useful preliminary approach for developers in emerging markets the conduct of a rapid cumulative impact assessment (RCIA) which is illustrated below. Figure 15 RCIA: Six-Step Approach Transboundary Impact Assessment The transboundary impact assessment will address issues that may have impacts that could potentially cross the territorial boundaries of Kosovo into neighboring countries. This assessment is discussed in the context of the Convention on Environmental Impact Assessment in a Transboundary Context 1991 (the Espoo Convention). Under the terms of the Espoo Convention on Environmental Assessment, a transboundary impact is defined as: "any impact not exclusively of a global nature, within an area under the jurisdiction of a Party caused by a proposed activity the physical origin of which is situated wholly or in part within the area under the jurisdiction of another party". Equally IFC Performance Standard 1 (2012 – GN36) defines transboundary impacts as “impacts that extend to multiple countries, beyond the host country of the project but are not global in nature�. Environmental and Social Management Plan An Environmental and Social Management Plan (ESMP) is prepared for the Project ensuring: • the execution of the Project in compliance with the commitments addressed in the ESIA for the minimization of significant and potential environmental and social impacts; • compliance with all applicable Project Standards as well as relevant IFI guidelines provided in the ESIA; The ESMP presented in the ESIA is prepared to describe the available systems in place and the initially developed mitigation measures for ensuring the environmental and social performance anticipated in the ESIA. This ESMP will need to be extended to include specific plans and procedures developed by the Project proponent. The ESMP includes an outline of the system for implementation and monitoring of the effectiveness of the suggested mitigation measures. The ESMP will need to include three components: • Environmental Management Plan • Labor, Health and Safety Management Plan Revised0Enviro0ning0Land00P1729920.docx 115 Environmental and Social Management Framework Greening Land • Social Management Plan The plans are further separated into the section for the construction, operation and closure phases of the Project life, including required mitigations as well as monitoring to evaluate the performance. The detailed plans and procedures as part of the ESMS should include the following sections: • Communication Procedure o Organizational Structure (job descriptions, knowledge, skills, and experience in detail) o Human Resources and Labor Procedure and Plan o Competence, Training and Awareness Plan/Procedure o Resource Management Plan/Training Management Plan o Contractor, Supply Chain Management and Procurement Plan o Security Management Plan o Community Health and Safety Management Plan o Traffic Management Plan o Camp Site Management Plan o Pollution Prevention Plans o Biodiversity Management Plan (BMP) o Environmental Impact Assessment Procedure o Occupational Health and Safety (OHS) Management Plan o OHS Risk Assessment Procedure o Incident Reporting and Investigating Procedure o Emergency Preparedness and Response Management Plan o A Cultural Heritage Management Plan (includes Archaeological Chance Find Procedure) o Visual Impacts Management Plan o Internal Auditing Procedure o Performance Measurement and Monitoring Procedure • The Project needs to develop and maintain an active stakeholder engagement process and grievance mechanism. • Resettlement Action Plan, including details on management of livelihood restoration The ESMP included here is intended to describe the framework for the general management issues. The ESMP will be further developed as the project progresses. Stakeholder Engagement Stakeholder engagement is an ongoing process that extends throughout the lifespan of the Project and encompasses a range of approaches and activities, from information sharing and consultation, to participation, negotiation and partnership. In order to successfully engage with different groups of stakeholders, thorough analysis and prioritizing should be carried out to identify the most appropriate methods and strategies to be employed. To ensure that the engagement process is executed on a continuous and ongoing basis; the stakeholder engagement plan will be revised and updated to reflect the feedback from all engaged parties and latest project conditions. During the course of the ESIA process a separate Stakeholder Engagement Plan for the construction and operation phase is prepared for the Project with the following general principles that will govern the engagement activities: Capacity building and consultation: in order to facilitate meaningful participation of stakeholders, activities aimed at education, capacity building, exchange of information and consultation will be carried out: • The content of documents for public comment will provide accessible and adequate information on the Project, and not create undue fears (i.e. potential adverse impacts) or expectations (i.e. potential beneficial impacts such as job creation, etc.); • Written information will be accompanied by visual illustrations and explanations, as needed, to build understanding of the project; • The stakeholders’ language of choice will be used during meetings, with translation where required; • If key issues of particular concern will arise, workshops may be offered to explain technical processes, assessment techniques, and quality assurance measures to verify results to ensure that mitigation procedures are followed; Revised0Enviro0ning0Land00P1729920.docx 116 Environmental and Social Management Framework Greening Land • Efforts will be made to explain not only the proposed project and ESIA process, but also applicable national laws and regulations, international standards and how the Project will address compliance; and • Communities will be given the opportunity to express their views on Project risks, impacts and mitigation measures, in a two-way process in which the Project will play a proactive role. Provision for the participation of vulnerable groups: Vulnerable groups may be defined as people that by virtue of gender, ethnicity, age, physical or mental disability, economic disadvantage or social status may experience different or unique effects from the Project than others. The following measures will be implemented to enhance the ability of vulnerable stakeholder groups to participate meaningfully in the ESIA process: • During the continued process of stakeholder identification, the Project will continuously identify disadvantaged or vulnerable persons our groups and staff will identify engagement approaches and activities that will support effective engagement of vulnerable persons. • The Project will make sure the general public is aware of the disclosed project information by arranging transportation support to the villagers to the consultation meetings. • The Project will organize dedicated meetings at the villages to disclose the project information and relevant grievance mechanism. Revised0Enviro0ning0Land00P1729920.docx 117