RP421

ECSEE A L3 Credit, and

Montenegro Energy Public Disclosure Authorized Land ,cquisition Policy Framework

Background

The overall APL objective is the development of a functioning regional electricity market in South East Europe d its integration into the internal electricity market of the European Union, through the mplementation of priority investments supporting electricity market and power, ystem operations in electricity generation, transmission and distribution, and technical ass stance for institutional/systems development and project preparation and implementati. n." The Montenegro Energy Project will contribute to meeting the ECSEE objective through investments in electricity transmission and Public Disclosure Authorized distribution, replacing a trash .ack on a critical hydro plant and, depending on the availability of funds, purchasi ig spare turbine wheels and upgrading energy-related telecommunications within Mntenegro and with its neighbors.

Two project investments will equire land acquisition: Entry/Exit connections to the transmission network at the A ndrijevica Substation (110/35 kV) and Substation (220/110/35 kV). .other component has been proposed that would improve transmission lines serving cor sumers in the distribution system in the communities of Zeta and , located south c f , which are rapidly becoming suburbs of the city. This component wouldq Iso require land acquisition, but the remaining components will not. Public Disclosure Authorized The alignments for the entry/ xit connection and distribution transmission lines have been determined and entered i-ntothe land use plans in the respective areas, but precise land acquisition requirements ill not be known until the final technical designs are completed. EPCG has prepar $d and disclosed this Land Acquisition Policy Framework to cover all land acquisition iI the project in compliance with the World Bank's Operational Policy 4.12, Invo untary Resettlement (OP 4.12).

Legal Basis for Land Acquh ition

As a public utility, EPCG is cmpowered to acquire private land for specific purposes that are determined to be in the p iblic interest. The rights and obligations of EPCG relating to the use and protection of icilities for public interest are spelled out in the Article 1, Public Disclosure Authorized Clause 3, in the Electricity ] aw, published in the Official Gazette of the Republic of Montenegro No. 39/03. The Ilgal basis for private ownership of land and the acquisition and expropriation of private 1 nd by the State or its agencies is defined in the Constitution of the Republic of Monten gro (Article 45 of the Constitution of the Republic of Montenegro - Official Gazette of the Republic of Montenegro No. 48/92) and elaborated in the Expropriation Law, No. 55/2000, which was modified subsequently to comply with a decision of the Supreme Court of the Republic of Montenegro, No. 14/2001, published in February, 2002.

The Supreme Court decision clarified the constitutional basis for expropriation, limits of expropriation and the objective of compensation:

The Constitution, therefore, guarantees the property right and only exceptionally allows the possibility of depriving or limiting the property right in case when that is imposed by the public interest and established by the Law or based on the Law. The owner of the property on which the property right is abolished or limited, must receive a compensation that cannot be lower than its market value. Therefore, the Constitution, along with determining the reasons for abolishment or limitation of property rights, defines also the lowest limitfor the determination of a compensationfor the abolishedor limitedproperty right as an equivalent. The upper limit of the compensation is not defined in the Constitution. The intention is, therefore, that the previous owner is notput into a lessfavorable position - throughapplication of measuresof coercion- as compared with the position he used to have before the application of such measures. Therefore, the abolishment of someone's property right or its limitation is intricately connected with the determination and payment of the belonging compensation or equivalent, the value of which cannot be lower than the market price of a real estate that is being expropriated or a real estate over which the property right is being limited. In accordance with that, as estimated by the Constitutional Court, the determination and payment of compensation must precede the transfer ofproperty right or, at least, be simultaneous with it.

The most salient elements of the Expropriation Law are as follows:

* Expropriation can only be undertaken for public interest, which must be documented in the proposal for an expropriation decision * The Government agency responsible for property and legal affairs confirms public interest, based on a proposal by the investor * The agency that authorizes public interest can permit the investor to conduct preliminary studies on the lands to be expropriated after consultation with the owner(s) * The investor submits an expropriation proposal to the local organ in charge of property and legal rights in the in which the land is located; the proposal is based on a preliminary design and includes documentation confirming the investment in spatial plans and establishing public interest; identification of the location and ownership of affected plots, with cadastre extract; estimated cost of expropriation, based on standard evaluation principles; proof that the estimated cost is deposited in an expropriation account * Plot owners are consulted before the expropriation decision is adopted * Compensation is based on the market value of the land and assets (or market rental value, if expropriation is temporary), transition expenses and damages * Compensation can be in cash or in kind-including substituting land or structures and replacing or moving structures

2 * After public interest h Is been established, the investor can negotiate the amounts and condition of purch se with owners without resorting to expropriation; negotiations are recorc -d in minutes * After the expropriatiol decision is adopted, owners are notified in writing of the decision, their right to equest expropriation of a whole plot, proposed compensation methods and amounts and the timetable for processing; and are invited to negotiate * If negotiations are not uccessful, the local property and legal affairs office forwards documentati( n to the local court to determine compensation; the owner can also appeal to the ourt for a decision on compensation and the amount of land to be expropriate(

Land Acquisition Requirem ents and Project Affected Persons

Project investments will entai minimal land acquisition, although the exact amount is yet to be determined. The two en ry/exit connection lines between the and Mojkovac Substations and th main transmission lines, respectively, will follow the alignment of existing entry cc nnection lines. The terrain is typical mountain foothill terrain with forests and pastur s; little of the land is used actively. Depending on the final technical design, the new lines will either run parallel to existing lines or a double line will replace the existing 1 e. In either case, land will be acquired either for the tower footprints on the new li e or the expansion of relocation of tower footprints, if the existing line is replaced with l vo. The size of a tower footprint varies from 20m2 to 130m2. The Andrijevica conr -ction line is approximately 1.6 km and the Mojkovac connection line is approximat ly 2.5 km. A new transformer bay will be constructed on each substation, as well. The kndrijevica sub-station site is adequate for the new bay; the Mojkovac site will acquire ad litional land from the defunct state mining enterprise located next to the site.

If the line replacement option is selected for the two sets of lines, additional land requirements will be miniscul , but construction may interrupt service. The double line option will require more land lo be acquired (less than 0.5 ha in total), but construction can proceed without affecting xisting service. EPCG purchases the land for footprints and compensates owners for temporary use of land used for construction, as well as damages to property values al d assets resulting from use restrictions in the right-of-way under the transmission lines. ks the additional transmission lines follow existing alignments, the investment is ot expected to affect property values significantly and no structures are likely to be affe, ted. Consequently, the cost of land acquisition is expected to be reasonable and relativel: easy to negotiate. Three categories of people will be affected by the investment in iionnector lines: landowners who own land that EPCG will purchase either to place new t, wer footprints or to expand existing footprints; landowners whose land will be used temp rarily during construction; and landowners who own land under the right-of-way of nem transmission lines that must be cleared for safety purposes.

3 The proposed component to improve transmission lines that serve the Tuzi and Zeta distribution areas south of Podgorica will also require land to be acquired for tower footprints and other above-ground facilities. One of the three lines being considered will follow the existing alignment, but may require towers to be relocated. The other transmission lines will follow new alignments, one of which is already included in the Podgorica urban plan. These investments will be implemented according to standard land acquisition procedures and practices, but will be somewhat more complicated, as the rights of way may go through inhabited areas. The alignments of the transmission lines will be designed to minimize land acquisition and avoid above ground assets. Nonetheless, clearing the right-of-way under the lines may require the demolition or relocation of structures, some of which are thought to be illegal or informal. Compensation for informal structures will be consistent with payments for legal structures. It is not possible to estimate the amount of land to be acquired or other compensation that will be required for this component, but land acquisition and expropriation procedures, and compensation, will follow the Expropriation Law and EPCG's standard practices. Two categories of people may be affected by investment in the distribution transmission lines in addition to the three categories identified above: owners of informal or illegal structures located in the right-of-way of the reserved alignment or new alignment; and the municipality, which will cede or rent land for footprints or rights-of-way for the new transmission lines in some places.

EPCG Land Acquisition Procedures and Experience

EPCG has a land acquisition office in the Transmission and Distribution Functional Entity of EPCG that manages expropriation and land acquisition process for new investments. The unit follows land acquisition procedures and compensation standards that are fully consistent with the Expropriation Law and the Electricity Law.

During the 1990s, EPCG had few resources for new investment. Maintenance and rehabilitation were undertaken on an as-needed basis. Consequently, there was virtually no involvement in land acquisition or expropriation. More recently, however, EPCG constructed a major transmission line from Podgorica to , which provided valuable experience in land acquisition according to old and new laws.

Transmission line voltage 110 kV, was constructed for safe and quality providing electric energy of the Montenegro coast. This transmission line via Cetinje (which have been connected with Montenegro coast) provided a third 110 kV line, beside the existing two of them which were connecting and Bar with the main electric point in Podgorica. Construction of transmission line started in 1998 and the process of the expropriation was conducted in the same time. Due to legal, property and financial problems of EPCG as well as a long process of the land expropriation, this construction was interrupted very often. In 2000, it has been completely suspended. Continuation of construction started in the middle of 2004 year and finished by the end of the same year.

4 The alignment of the transmi sion line mainly goes across mountain-village area and low populous places, except in he part of the exit of Podgorica where it goes across agricultural and urban land. ransmission line consists of 115 steel-latticed poles, length 31.5 km. With the construction of this ransmission line, more than 200 different agreements were made with the land owners foi compensation regarding damages and expropriation costs. Beside the fact that works hyLve been finished and transmission line has been put into voltage, there are some dispul s regarding compensations for expropriated land.

Current staff managed the prc ess, successfully accomplishing their objectives. The process took considerably mo -etime than anticipated, however, largely due to apparent loopholes in expropriation lei slation, through which a few landowners (approximately 5 out of 200) sought to receive igh prices for their land and to increase the amount of land to be acquired. In addition, tl - process was undertaken in a general atmosphere of public distrust and uncertainty, givei negative expropriation experiences during the previous administration. Ultimately, E:CG was able to gain access to the land, but some cases are still pending in court.

The Podgorica/Cetinje line w. s a totally new transmission line that traversed the area from Podgorica to Cetinje, sel led close to the coastal tourist area. By comparison, the entry/exit transmission lines f i llow existing alignments in areas of that have much less economic and scenic value. C:onsequently,the land acquisition process is expected to be much simpler and expedient f.r the connector lines.

The Zeta and Tuzi componen will be more challenging, however, as the component will include both new and modifie.1transmission lines. The lines will primarily follow the periphery of the two consumr tion areas, avoiding densely populated sections, and every effort will be made to avoid r sidences and business facilities. Nonetheless, it is possible that the placement of tower fc tprints or the rights-of-way will require the demolition of legal or informal structures, aiid it is also possible that the local residents will object to the alignment of new transmi; sion lines, reflecting the common NIMBY ("not in my backyard") phenomenon.

To ensure that the process go( s smoothly in each case, EPCG will apply lessons learned from the Podgorica/Cetinje e) perience. Three lessons will be applied:

* Disseminate informati.n proactively. As early as possible, and as thoroughly as possible, EPCG will l uncha public information campaign to inform residents about nature and bene its of the investments, as well as design, land acquisition and construction proc( dures. * Hold public consultati ns to both present and obtain information. Although public consultations a]c not required by law, EPCG staff learned that public meetings held along the alignments paid big dividends in establishing credibility, answering questions alid listening to concerns, and offering information that directly addresses pub Iic and private concerns. In turn, the consultations yielded information that helpe designers make reasonable choices.

5 * Minimize land acquisition and disruption. Small changes in alignments can often reduce the impact of land acquisition on individual households and, therefore, reduce opposition and exaggerated expectations. The land acquisition team will thus work closely with the design team to help avoid problems that might otherwise occur.

Implementation Responsibility and Financing

The land acquisition team in the Transmission and Distribution Functional Entity of EPCG, respectively, will be responsible for carrying out the land acquisition and expropriation. They will work closely with the local property and legal affairs offices as well as project designers.

EPCG will finance land acquisition and, according to the law, will deposit funds to cover the estimated cost of land acquisition in an expropriation account before requesting an expropriation decision. In addition, EPCG is responsible for all transaction costs. Payments for costs of court appeals shall be assigned in compliance with applicable laws.

Grievance Procedures

Affected persons are consulted at the time the expropriation decision is being made. Once the decision is made, affected persons can appeal to the court at any time if they are dissatisfied with negotiation process. Payments for costs of court appeals shall be assigned in compliance with applicable laws.

Compliance with the Requirements of OP 4.12

Montenegro's laws and EPCG's procedures are consistent with the objectives and requirements of OP 4.12, with one exception-impact monitoring. In other respects, the approach and procedures of the land acquisition process are adequate, although all steps do not correspond precisely to Bank terminology.

Land Acquisition Plan. For example, EPCG does not prepare a land acquisition plan, as such; however, the documentation required to establish public interest and obtain an expropriation decision and the technical design, together essentially constitute a plan in Bank terminology. Rather than prepare an additional document to meet Bank requirements, EPCG agrees to provide the Bank a brief summary of the expropriation decision proposal, and technical design, relating to the amount of land and households affected and estimated compensation, informal occupancy, and demolition requirements.

Consultation. The expropriation law requires consultation with affected persons at different stages in the expropriation process. In addition, EPCG will conduct more

6 systematic direct public const Itations along the transmission routes to engage affected persons more directly in the p -ocess than required by law. EPCG maintains documents all public notifications and pr pares minutes of consultation and negotiation meetings as standard operating procedure. Consultation minutes will be revised to include data normally required by the Ban --announcements, who was invited, who attended, contact information, presentations, iss ues raised, agreed follow-up steps. EPCG will prepare a summary report of consultatic ns and their results prior to each supervision mission.

Monitoring. The Bank polic) requires the land acquisition process and its impact to be monitored. EPCG keeps min ites of all interactions and transactions, but does not carry out an impact assessment. Tl e amount of land being acquired is so small that the impact is expected to be very limited nd compensation standards are assumed to be adequate to enable affected persons to ma ntain their prior standards of living. EPCG and bank staff will meet informally with affl cted persons during implementation and at the end of the project to assess impacts and etermine jointly whether or not mitigation measures are needed to deal with any unfoi seen impacts.

Agreed Reporting Requirer ients

After submitting documentati n for the expropriation decision for each relevant component, EPCG will provi le a brief report to the Bank summarizing data regarding the amount of land to be acquired (temporary and permanent) , number of affected households, anticipated econc ic impact, estimated compensation (land, structures, damages), and other relevant nformation. When the technical design is completed, EPCG will provide an addenc um showing final figures. During the land acquisition process, EPCG will prepare a hrief status report prior to each Bank supervision mission, indicating both completed an( pending acquisition, as well as appeals and any unusual situations.

Disclosure

Following the World Bank's -view of draft Land Acquisition Policy Framework prepared for implementation If EPCG projects applying for funding from the ECSEE APL 3 credit line of the Worl' Bank, and subsequent comments and approval received from the Bank on February 1 and 27, 2006, the Electric Power Company of Montenegro has undertaken all activities a med at promotion of the transparency principle for its affairs of this kind by timely isclosing of the Land Acquisition Policy Framework paper to the public.

The draft of the LAPF paper as posted on EPCG web site www.epcg.cg.yu in section of Press Communications on Mi ch 1, 2006 accompanied with a corresponding Notice whereby the public was invite to submit any observation, suggestion, comment and

7 remark in the manner indicated in the Notice. The Notice, as published and in translation, is given in Attachments 1 and 2.

In the course of public consultation procedure applied for proposals of Environmental Management Plans for implementation of substations and transmission line connectors improvement of the 110/35 kV Andrijevica substation and the 220/110/35 kV Mojkovac substation, held on March 16 and 17, 2006 respectively, the public was notified not only on these plans but also on availability and accessibility of the Land Acquisition Policy Framework paper (the relevant public consultation notices as published in the local language are presented in Attachment 3).

The list of various media where the notices appeared to notify the public on the LAPF, as well as availability of the Land Acquisition Policy Framework in hard copy and electronically, is presented in Attachment 4.

In addition to the suggestions received from the citizens during the public consultations of EMPs in Andrijevica and Mojkovac, the Electric Power Company of Montenegro will also take into consideration all other reasonable and useful comments, suggestions, remarks and observations that may be received from the interested persons and legal entities in future in connection with the Land Acquisition Policy Framework.

The above LAPF, together with all its attachments is officially disclosed to public at the EPCG web site www.epcg.cg._u as of March 31, 2006, in accordance with the Order passed by the Executive Director of EPCG, protocol no. 10-00-4739 , dated March 31, 2006.

8 Land Acquisition Entitlement Matrix

Component Purpose Affected Person Status Compensation Remarks Transmission Line Tower Footpnnt Land Owner Purchase Market Value Surrounding land (permanent) returned to originalconditon Construction Land Owner Rent (temporary) Market Rental Value Land returned to + Damages original condition Right of Way Land Owner Damages (periodic) Damages Land returned to ornginai condition Footprint/Right of Occupant Demolish Replacement Value Way _ Tower Footprint Municipality To be negotiated tbd tbd I Right of Way Municipality To be negotiated tbd tbd Transformer Bay Installation | Public Corp To be negotiated tbd tbd

9 Attachment 1

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AL).D-ik>i \VukaKarad~iQa 2, 81 1,11, Niks"C- (ti/r Nikola Jablan, "Fri :1 ,,- i fiat e-rrail r__ ;_. X . -- st .

10 Attachment 2

(Translation)

ELECTRIC POW] R COMPANY OF MONTENEGRO - NIKSIC

PU LIC DISCLOSURE NOTICE

Electric Power Company of N ontenegro, a Joint Stock Company - Niksic intends to provide a loan from the Worl Bank during 2006 for financing the projects whose implementation will contribut to the faster adaptation of EPCG to the regional energy market, which has been estab]. shed in South East Europe.

The following projects have b een proposed for financing by the loan:

o Generation Functional Entity proposed (a) Vrtac Trash Rack and Trash Rack Cleaning Machine Rel:lacement Project in HPP Perucica which has vital importance for power lystem in Montenegro, and, if possible, (b) Supply of spare turbine runners in the .ame plant; o Transmission Functio al Entity proposed projects of rehabilitation and additional works in 110/35 kV A idrijevica and 220/110/35 kV Mojkovac substations, as well as telecommunica tion network construction for the needs of EPCG. o Distribution FunctionJ Entity proposed project for distribution component construction to Zeta al.d Tuzi consumption areas.

In order to fulfill one of the c nditions for granting such loan by the Bank and in relation to solving problems of land as uisition for implementation of the proposed projects, EPCG has prepared policy fra nework designated as

LAND ACQ IIISITION POLICY FRAMEWORK

In order to inform the public, bout Land Acquisition Policy Framework, it was disclosed on March 1, 2006 on the site f Power Company of Montenegro, a Joint Stock Company - Niksic, www.epcg.cg.yu. All interested persons and leg 1 entities, as well as any other organization and institution can submit their possible com nents, remarks, observations and suggestions to the following address: Elektropri, reda Cme Gore, AD Niksic, Vuka Karadzica 2, Niksic (n/r Nikola Jablan, dipl.el.ing) or email razvoj.epcgya),cg.yu.

11~~~~~~~~~~~~~~~ Attachment 3

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12 Attachment 4

LAPF - Land Acqui tion Policy Framework (covering projects W -G-4, WB-G-5, WB-T-1, WB-T-2, WB-T-3 and WB-D-4)

o Public Disclos ire Notice: i. EPCG ebsite on March 1, 2006 ii. Daily Tsewspaper >>Pobjeda<>Dzambas<>Ekoturs<>Pobjeda<< onMar h 11, 2006

o LAPF availab e as hard copy:

i. In the I ocal Authority Office of the Andrijevica Municipality, with M . Radota Pantovic, from March 6 to the date of public consult tion on EMP for WB-T-lon March 17, 2006

13 ii. In the ED Andrijevica, with Mr. Mladen Folic, from March 6 to the date of public consultation on EMP for WB-T- I on March 17, 2006 iii. In the local Town Planning and Civil Engineering Office of the , from March 6 to the date of public consultation on EMP for WB-T-2 on March 16, 2006 iv. In the premises of ED Mojkovac, from March 6 to the date of public consultation on EMP for WB-T-2 on March 16, 2006 v. In the premises of EPCG Headoffice, at Vuka Karadzica 2, Niksic, with Mr. Nikola Jablan, as of March 1, 2006 o LAPF available electronically:

i. At the EPCG web site www.epcg.cg.vu, section of Press Communications, as of March 1, 2006 until more specific land acquisition activities are undertaken and disclosed to public by their on-line presentation

14