INTRODUCTION World Bank Environmental and Social Safeguard Policies

INTRODUCTION: World Bank Environmental and Social Safeguard Policies Training Workshop for Financial Intermediaries and Implementing Agencies May, 2011 Agi Kiss Regional Safeguards Coordinator Europe and Central Asia

Presentation Outline � Safeguards � Overview �A ◦ ◦ and Risk Management of the Policies (10+1) Closer Look: OP OP 4. 01 (Environmental Assessment) 4. 12 (Involuntary Resettlement) 4. 04 (Natural Habitats) 4. 37 (Dam Safety)

Environmental and Social Safeguards and Risk Management

Safeguard Policies are intended to: Protect people and environment from adverse impacts (“Do No Harm”) Enhance environmental sustainability and social equity (“Do Some Good”) Sustainable Finance Integrate environmental and social aspects into decisions on project selection, design and implementation (quality and risk management) Build borrower capacity for environmental and social management Provide a mechanism for information disclosure, stakeholder consultation and participation, accountability Respond to local and global constituencies 4

Sustainable Finance Increasing enterprises (and those who finance them) seek to be good “corporate citizens” and apply “Triple Bottom Line” (Economic, Environmental, Social) a voluntary set of standards for determining, assessing and managing social and environmental risk in project financing based on the International Finance Corporation (IFC) Performance Standards and World Bank Group’s Environmental Health and Safety Guidelines currently 71 adopting institutions (mostly commercial banks Principles: • Risk review & categorization (A, B, C) • Do Environmental & Social assessment • Apply relevant Env & Social standards • Management System/Action Plan based on assessments/standards • Consultation and disclosure • Grievance mechanism • Independent review of assessment, Action Plan and consultation • Covenants for compliance • Independent monitoring & reporting of loan • Financial Institution annual public reporting

Environmental and Social Risk Management Almost every development or business activity has the potential to cause damage to people, property, environment. If they (and those who finance them) don’t identify and manage these risks, can suffer: ◦ ◦ Costly financial and legal liabilities Damage to reputation and reduced public and political support Reduced access to capital Loss of access to markets and value chains For Financing Institutions, E & S risk management involves: ◦ Assessing the potential environmental and social risks of projects and the extent to which they can be avoided, reduced or mitigated ◦ Assessing the borrower’s capacity to manage these risks ◦ Building realistic measures to avoid/control/mitigate risks into the financing transaction – incorporating into loan documents ◦ Monitoring compliance with loan documents and national requirements

OVERVIEW of WORLD BANK SAFEGUARD POLICIES

WB “Safeguard” Policies (10+1) Environmental Policies • OP 4. 01 Environmental Assessment • OP 4. 04 Natural Habitats • OP 4. 09 Pest Management • OP 4. 11 Physical Cultural Resources • OP 4. 36 Forestry • OP 4. 37 Safety of Dams Social Policies • OP 4. 12 Involuntary Resettlement • OP 4. 10 Indigenous Peoples Legal Policies • OP 7. 50 International Waterways • OP 7. 60 Disputed Areas + Access to Information Policy Not all environmental/social issues of concern are covered by Safeguard OPs (e. g. : gender, poverty alleviation, climate change…)

Cross-cutting Principles of SG Policies OBJECTIVES: � Avoid negative impacts where possible; otherwise minimize, reduce, mitigate, compensate (in that order) � Match level of review, mitigation and oversight to level of risk and impacts � Inform the public and enable people to participate in decisions which effect them � Integrate environmental and social issues into project identification, design and implementation � Strengthen Borrower capacity Application: to all activities of any project receiving funding from WB, even if financed from another source 9

Who are the Stakeholders? Borrowers WB Board Media Project Beneficiaries Private Investors International Financial Institutions NGOs WB Management Civil Society Affected Persons

SG OPs: Essence and Triggers � OP 4. 01 (EA): Need to prepare EA &/or EMP Triggers: direct or indirect physical investments (civil works; provision of goods with “issues”); TA linked to physical investments; any other OP triggered Documents: SEA, EIA/EA, EMF, EMP, Env. Guidelines, Env. Audit, etc. � OP 4. 04 (Natural Habitats): Protect biodiversity and ecosystems Triggers: investments in, near or likely to affect natural ecosystems (terrestrial, riverine, coastal, marine, aerial); Protected Areas Documents: Incorporated in EA/EMP � OP 4. 09 (Pest Management): Reduce human & environment exposure to hazardous pesticides; promote Integrated Pest Management Triggers: financing purchase of pesticides; investments likely to introduce or increase pesticide use (expansion or diversification of agricultural production) Documents: Pest Management Plan (or section in EA)

SG OPs: Essence and Triggers (cont. ) Ø OP 4. 10 (Indigenous Peoples): Protect livelihoods and cultures, support economic and social integration on peoples’ own preferred terms Triggers: investment within an area occupied or used for economic purposes (presently or traditionally) by a group which falls within definition of IP (in ECA, only northern Russia) Document: Indigenous Peoples Plan � OP 4. 11 (Physical Cultural Resources): Preserve cultural heritage Triggers: civil works on historical buildings or in historic areas or areas with rich cultural history) Documents: Incorporated in EA/EMP � OP 4. 12 (Involuntary Resettlement): Protect people from economic & social impacts of losing land or access to landbased resources Triggers: potentially any case where land is required for investment (privately owned or publicly owned). Residence or economic use; legal title or not. New construction: presume triggered unless clearly demonstrated otherwise. Documents: Resettlement (or Land Acquisition) Policy Framework; Resettlement (or LA) Action Plan

SG Ops: Essence & Triggers (cont. ) � OP 4. 36 (Forestry): Promote sustainable forest management; rural poverty reduction Triggers: investments in/near/upstream of forest areas (esp. natural forest) which are likely to result in forest loss/encroachment; enterprises involving wood or nontimber forest products � OP 4. 37 (Safety of dams): Protect people and investments from dam failure Documents: Dam safety analysis, emergency plan, etc. Triggers: dam construction/rehabilitation; water or power projects dependent on dams � OP 7. 50 (International Waters): riparian States notified of projects affecting common water bodies Triggers: ANY investment involving water abstraction, release of water or materials into water, or hydrological impacts (regardless of scale) on water body shared by 2 or more countries (aquifers, open seas excluded; exception available for rehabilitation of existing schemes) � � OP 7. 60 (Disputed Areas): Ensure disputing States agree to proposed project Trigger: investments in area which is under dispute between countries (e. g. disagreement on precise border) Access to Information: Transparency, stakeholder participation, better projects Trigger: all operations

Responsibilities: Direct Investment Projects World Bank � � � Screens and Sets Project EA Category Advises Borrower on the Bank’s EA requirements Borrower � � Reviews and gives “No Objection” for EA reports (Due Diligence instruments) � Makes report available in Info shop � Supervises implementation of EA/EMP � Makes mutually agreeable changes during implementation � Prepares and Implements EA/EMP/EMF in accordance with national laws and WB OPs Consults project-affected groups and local NGOs Discloses draft/final documents in country Responds to Bank and public Monitors implementation of EMP Ensures compliance under national laws

Responsibilities: “Intermediated” Projects World Bank Assigns SG Category to the overall Project (FI, A, B, C) Assesses FI capacity to implement SG Advises FI on SGs and on Framework Documents; gives No Objection to Framework Documents Discloses all SG documents in Infoshop and sends to Board as required Prior and/or Post-review of EAs/EMPs/RAPs Supervises implementation together with FI (Sub) Borrower Contractual relationship FI (or other Intermediary) Prepares Framework Documents for the overall Project (Environmental Management Framework; Resettlement Policy Framework) Disclosure and public consultation on Framework Documents Screens, categorizes, evaluates, approves and monitors Sub-projects based on Framework documents (including ensuring preparation of acceptable EAs/EMPs; RAPs) Prepares EA/EMP, RAP* based on guidance from FI Disclosure & public consultation of EMP/RAP Implementation of EMP/RAP* (including selection of contractors; incorporating EMP in contracts; ensuring compliance) *Preparation and/or implementation of RAP might be responsibility of a Government agency

Simple SG steps in Typical Project Cycle Transfer to SM Prepare PCN & PCN stage ISDS PCN review mtg. PCN stage ISDS mtg. & clearance– Provisional EA category; agreement on SG requirements Follow-up SG meeting (? ) Transfer to SM Preparation of EA/EMP/EMF; RPF/RAP Implementation SG implementation & supervision/ reporting Prepare draft PAD & Appraisal Stage ISDS QER Disclose final EA/EMP; RFP/RAP Appraisal stage ISDS mtg. & clearance EA/EMP/EMF & RFP/RAP disclosure & consultation Decision Mtg. Appraisal Effectiveness Negotiations

A Closer Look: OP 4. 01 (Environmental Assessment)

Environmental Management Process Screening/Scoping – determine what are likely potential issues, including what (other SG) policies triggered Assessment – confirm and evaluate the significance of issues Baseline (valued ecological Likely impacts Acceptable changes from baseline Mitigation – identify measures to avoid/reduce/compensate for negative impacts including the expected results (e. g. standards to be achieved); identify who is responsible and confirm they have the capacity and resources Monitoring – verify that mitigation measures are being implemented and that they are achieving the expected results (if not, need to modify them) Refer to other SG Policies

Environmental Screening/EA Categories Category A adverse environmental impacts are broad, diverse [not easily predictable], extend beyond local site, likely irreversible major resettlement conversion/degradation of natural habitats hazardous materials Category B potential impacts less adverse & more limited, fewer, site-specific, largely reversible Category FI project provides funds to a bank, credit institution, etc. for onlending at FI’s own risk (OP/BP 8. 30 – FI lending) Sub-projects to be screened and categorized as A, B or C and handled accordingly Requirements and procedures set out in Environmental Management Framework readily identified and reliably mitigated through known methods Category C expected to have no adverse environmental impacts, or only minimal impacts easily and fully mitigated Criteria approach = flexibility List approach = consistency

Identifying Category A Projects: Relevant Information Project type: some sectors/industries presumed to be Category A regardless of scale (unless demonstrated otherwise) Project scale: some sectors/industries are only Category A at large scale, due to area of land take, input materials required, waste volume generated, etc. (thresholds set based on experience) Project location: some investments are acceptable only in non-sensitive locations (social, cultural, environmental significance and vulnerability) Types and magnitudes of activities: some projects in generally “nonrisky” sectors can include specific activities which are risky “Sensitive issues”: some projects are in sectors or include activities which raise concerns at a wider (e. g. international) level, beyond the risks and potential impacts of the specific project, and their risks must be seen in that context

Identifying Category A Projects Type of Project Scale of project Project Activities Directly financed Associated Project location Geographic location s e u iss ” ive t i s n “Se Site’s environmental significance and sensitivities Nature of impacts Magnitude of impacts

FI Category Projects � � � Subprojects financed through a Financial Intermediary ( E. g. : SME credit lines, community-driven development, Small Grants Programs, Green Investment Schemes, etc. ) FI assumes responsibility for sub-project screening, evaluation, monitoring WB prior and/or post-review Criteria, procedures, responsibilities set out in an “environmental (and social) management framework” -- free standing, or environmental section of Project Implementation Manual or FI Operational Manual � allow or exclude Category A sub-projects � if Cat. A sub-projects eligible, EMF may be subject to Pelosi requirement � Category A sub-project EIAs must be submitted to Infoshop, Exec. Summaries to WB Executive Directors

Types of Environmental Safeguard Documents (required for Project appraisal) � Full Environmental Impact Assessment (EIA) (Category A) Limited Environmental Assessment (EA) (Category B) Strategic Environmental Assessment (SEA) (regional, sectoral) Environmental Audit Hazard or Risk Assessment � Environmental Management Plan (including Checklist EMP) � Environmental Management Framework � � (Category FI) (Details in upcoming presentation) (Category FI)

Environmental Assessment Requirements For projects and sub-projects Category A: Øfull, comprehensive EIA (or Strategic EA for program level) Øat least 2 public consultations (scoping/TOR stage and draft EIA) Øindependent preparation Category B: Ølimited/partial EA and/or EMP (in some cases, just applicable regulations and standards) Øat least 1 public consultation (draft EA) Category C: No EA requirement (for new investments) Support for pre-existing operations: Environmental audit; hazard risk assessment : o for Category A or B investment, in addition to other EA requirements o for Category C investment, in place of other EA requirements o for low-risk sectors and non-direct linked investments may be limited to verifying compliance with national regulations/permit requirements

EIA Screening: Category A vs. B Approach 1: Difference between Category A and B -- breadth and depth of EA required Category A requires full EIA including: • • • Stakeholder consultation on TOR/scoping (as well as on draft EA) Assessment of offsite, cumulative and indirect impacts Analysis of environmental pros and cons of feasible alternatives (site, technology, scale, etc. ) Up-to-date, detailed baseline data on site conditions (biological, hydrological, etc. ) Institutional analysis (responsibilities, capacity) Independent preparation to ensure unbiased analysis and consideration of alternatives Approach 2: high risk activities e. g. : Øproduction/use/storage/disposal of significant quantities of hazardous material; Ølarge scale burning of fuel or other pollution-emitting processes; Øconstruction of new permanent roads, etc. Approach 3: Scale sale and irreversibility criteria (e. g. : physical resettlement of 100+ households; new dam > 15 m and/or new reservoir > 3 mill m 3; total volume of earthworks >100, 000 m 3; land “take” > 1000 ha, etc. ) (NOTE: Figures are illustrative – not WB policy) Approach 4: How many other SG policies apply? (especially Natural Habitats, Forests, Dam Safety)

Plovdiza Dam, Bulgaria Category A Examples Storage of Chemicals, Kosovo Rijeka Port, Croatia

EIA Screening: “High” B vs. “Low” B vs. C “High B” requires a limited EA to provide site-specific information (e. g. due to environmentally sensitive site, or need to better define and understand potential issues) “Low B” requires only basic EMP (mitigation and monitoring tables), or Checklist EMP, or can make a case for application of specific national regulations and standards if acceptable monitoring/enforcement system is in place C requires no EA or EMP and no regular monitoring, only general good practice (e. g. building codes, construction standards) Construction of a new juice manufacturing and canning plant in an industrial zone? Construction of a small eco-lodge within a multiple-use protected area? Construction of a primary school on a “brownfield” site Cleaning and Rehabilitation of existing irrigation canals? Construction of a landfill for mixed urban and industrial waste?

Category B Project examples Rehabilitation of tertiary irrigation canal, Serbia Hospital rehabilitation, Turkey Wastewater Treatment Plant Rehabilitation, Ukraine

It’s not Category C if… � …the project will/might/could finance new construction or building rehabilitation* (beyond minimal painting, wiring, etc. ) � …the project provides Technical Assistance or other support which could lead directly to activities which would trigger SG policies � …any of the above are financed by WB, or Government or other co-financers (covered by overall Project financing plan) Caution: apparent C projects may include “sleeper” B category activities (sometimes even A category)

Common Gaps and Conflicts Between OP 4. 01 and National Laws � Screening methodology and outcomes (when is EIA required) � Alternative EA documents (e. g. EMP) � Contents of EIA � Timing (at what stage of project preparation) � Consultation (timing, frequency, scope, reporting)

A Closer Look: OP 4. 04 (Natural Habitats)

OP 4. 04 Principles – The World Bank: � � � Does promote and support natural habitat conservation and improved land use through integration of natural habitat conservation into national and regional development, and the rehabilitation of degraded natural habitats; Does not support projects that involve significant conversion or degradation of critical natural habitats Does not support projects involving the significant conversion or degradation of natural habitats unless: Ø there are no feasible alternatives for the project and its siting, and Ø comprehensive analysis demonstrates that overall benefits from the project substantially outweigh the environmental costs If EA indicates a project would significantly impact a (non-critical) NH, it must include mitigation measures acceptable to the WB

� Definitions* Natural Habitat : land water areas where o o � Critical Natural Habitat: * subset of Natural Habitats which have very high biodiversity value, e. g. : ◦ ◦ ◦ � the biological communities are formed largely by native plant and animal species, and human activity has not essentially modified the area's primary ecological functions required for survival of endangered, threatened or migratory species; have special significance for endemic species or species with limited ranges; support high concentrations of individuals of congregatory species; Have unique assemblages of species or are associated with key evolutionary processes Support biodiversity of highly significant social, economic or cultural importance to local communities; OR Are strictly protected under national laws and/or international agreements Significant conversion/degradation: elimination or severe diminution of integrity of NH caused by a major, long-term change in land or water use (or short term change with a long recovery time) or by severe pollution. Can result directly or indirectly from the project � Appropriate conservation/mitigation: measures to eliminate or reduce adverse impacts to levels within socially defined limits of acceptable change. May include: full or strategic partial site protection; ◦ restricting conversion or modification to non-essential elements of ecosystem ◦ habitat restoration/species re-introduction ◦ establishment and maintenance of an ecologically similar (equal value) protected area of suitable size and contiguity. (Mitigation measures should always include provision for monitoring/evaluation and adaptive management based on the results ◦ * Paraphrased combination of WB and IFC definitions

OP 4. 04 – Screening and Application Steps � � Identify geographic/ecological Zone of Influence of the project; Determine whether Zo. I includes any likely Natural Habitat Some Indicators of Natural Habitat: • • vegetation entirely or mostly comprised of wild plant species no large scale livestock presence water body with little or no surrounding development few or no permanent residences or other significant structures or infrastructure (except small dirt roads and tracks roads) • no significant economic activity other than moderate harvesting of wild species • no significant sources of pollution (sufficient to impair ecosystem functions) • above conditions cover ecologically significant area (varies by ecosystem) � If yes, carry out desk and site assessment and consultations to determine: ◦ ◦ � baseline biodiversity and ecological values; whether it qualifies as Critical Natural Habitat or Natural Habitat If project could effect (non-critical) Natural Habitat: ◦ EA is required, involving special expertise; ◦ Ensure consultations involve suitable stakeholders (NGOs, resource user groups)

Projects likely to trigger Natural Habitats Policy Infrastructure: • Transportation construction (roads, railways, ports, etc. ) • Power (hydroelectric, wind, thermal, transmission lines, access roads) • Water (reservoirs, diversions, canals) • Urban or rural development (large land conversion, wetland drainage or filling…) Agriculture/livestock: land clearing, fencing, pesticides, irrigation Fisheries: conversion of wetlands or near-shore habitats for aquaculture, destructive/over fishing Forestry/wood : intensive logging of natural forest; conversion to plantation Industry: pollution of terrestrial and aquatic habitats, land clearing, access roads Tourism: land clearing, wetland drainage or filling, excessive disturbance Telecommunications: transmission lines and towers (often on mountain tops) Privatization: sale of state-owned lands, water rights

A Closer Look: OP 4. 12 (Involuntary Resettlement)

It’s all about the land Indicators for OP 4. 12: Investment with a physical footprint (needs land) New construction or expansion of infrastructure; land use changes The land is being occupied or used by someone Legal or illegal/informal; permanent or sporadic; verify on the ground! X Resettlement Land Acquisition

Impacts that Trigger OP 4. 12 � � � Loss of land or land-based assets Loss of access to land or land-based assets due to creation of a Protected Area Loss of shelter /relocation of residence Loss of income sources or means of livelihood (whether or not the affected persons must move to another location) Restriction of access to legally designated parks and protected areas that result in adverse impacts on the livelihoods of affected persons

The many faces of land acquisition/involuntary resettlement

OP 4. 12 applies to: � � � all projects involving land take, regardless of the total number of people affected or the significance/severity of impacts all components of the project involving land take, regardless of the source of financing other activities requiring land take that are: �directly and significantly related to a Bank-assisted project, �necessary to achieve its objectives as set forth in the project documents, and �carried out, or planned to be carried out, contemporaneously with the project � both privately owned and public lands � both public and private investments

Common gaps and conflicts between OP 4. 12 and national laws �WHO IS ELIGIBLE: WB requires compensation/ assistance to informal land users & occupants (“squatters and encroachers”) �VALUATION: WB requires compensation equal to replacement value of land/assets �BEYOND COMPENSATION: WB requires assistance for restoration of livelihoods (not worse off as result of project) �TIMING: WB requires compensation/assistance provided in full prior to beginning implementation of works

Failure of large dams can have catastrophic consequences for human safety, environment, economic assets. For the life of the dam, the owner is responsible to take measures to avoid and mitigate this risk. Construction of a new dam WB requires: q Design and construction supervision by experienced, competent experts: ØLarge dams (>15 m, or >10 m with other risk factors): üreview by Panel of experts (appointed by Borrower; acceptable to Bank) üpreparation/implementation of detailed plans for quality assurance, instrumentation, operation and maintenance, emergency preparedness üprequalification of bidders during procurement and bid tendering üperiodic safety inspections of the dam after completion ØSmall dams: generic safety measures designed by qualified engineers q Borrower adopt and implement dam safety measures for the design, bid tendering, construction, operation, and maintenance of the dam and associated works

PANEL OF EXPERTS Terms of Reference: Primary: review and advising the borrower on matters relative to dam safety and other critical aspects of the dam, its appurtenant structures, the catchment area, the area surrounding the reservoir, and downstream areas Usually extend also cover: • project formulation • technical design • construction procedures • associated works (e. g. for water storage dams – power facilities, river diversion during construction, shiplifts, fish ladders) Operation and reporting: Ø Po. E is formed early in Project preparation. Ø Meets regularly during feasibility, design, construction, filling, early start-up stages (WB notified of meetings, usual participates as observer). Ø After each meeting, report signed by all Po. E members is sent to Borrower & WB Ø After filling and start-up, WB reviews Po. E findings and recommendations Ø Po. E may be disbanded if no problems found after start-up

Existing Dams and Dams Under Construction Situation: WB-financed project does not include dam construction, but does rely on the performance of a dam: Ø dam failure damage project infrastructure Ø poor dam operation project cannot achieve objectives Ø Increased dam capacity required to achieve project objectives What are some examples of such projects? World Bank policy requires Borrower to: Arrange for independent specialists to : ØInspect and evaluate safety status/performance history of the dam ØReview/evaluate operation and maintenance procedures ØProvide a written report with recommendations for any measures to upgrade to acceptable safety standard (can be financed by the project) OR, in low/moderate risk cases: Provide acceptable existing inspections and dam safety assessments and evidence that an effective dam safety program is in operation

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