IDNO 1014600024244 s
e-mail: [email protected] www.vmtg.md
Document title: STAKEHOLDER ENGAGEMENT PLAN
Document number:
Project: THE INTERCONNECTION OF THE ROMANIAN NATURAL GAS TRANSMISSION PIPELINE WITH THE NATURAL GAS PIPELINE OF THE REPUBLIC OF MOLDOVA, PHASE II, IASI – UNGHENI – CHIȘINĂU ROUTE
Revision Date Issued by Checked by Approved by
Contents 1. INTRODUCTION ...... 3 2. THE PURPOSE AND OBJECTIVES OF THE SEP ...... 4 2.1 Purpose ...... 4 2.2 Objectives of the Stakeholder Engagement Plan ...... 4 2.3 Principles of information disclosure and engagement of stakeholders ...... 5 3. PROJECT DESCRIPTION ...... 5 3.1 Location of the project ...... 7 3.2 Project construction ...... 8 3.3 The DN600 Natural Gas Transmission Pipeline ...... 9 3.4 Above-ground facilities ...... 10 3.5 Direct, indirect and cumulated impact on the environmental factors and on the local communities, protection measures from the perspective of the environmental agreement ...... 15 3.5.1 Environmental agreement for the Ungheni-Chisinau natural gas pipeline ...... 15 3.5.2 Forecasted impact and envisaged stakeholder engagement mitigation measures ...... 15 4. EUROPEAN, NATIONAL LEGAL FRAMEWORK FOR THE INFORMATION AND PUBLIC CONSULTATION, EBRD REQUIREMENTS, CORPORATE POLICIES AND INTERNAL DOCUMENTS OF THE COMPANY ...... 15 4.1 National legal framework ...... 16 4.2 EBRD requirements on information disclosure and stakeholder engagement ...... 17 5. PROJECT STAKEHOLDERS ...... 17 5.1 Identification of stakeholders ...... 17 5.2 Analysis of stakeholders and prioritization ...... 18 5.3 Past stakeholder and public engagement and participation ...... 31 5.3.1 Engagement during the pre-feasibility study ...... 31 5.3.2 Engagement during the ESIA phase ...... 33 5.3.3 Engagement for land acquisition purposes (after the publication of Law no. 105/2017 ...... 34 5.3.4 Planned stakeholder engagement for 2019 - 2020 ...... 37 6. GRIEVANCE MECHANISM ...... 41 6.1 What could be considered a grievance ...... 41 6.2 What is the Grievance Mechanism? ...... 41 6.3 How to submit a grievance? ...... 41 6.3.1 Submitting grievances regarding land acquisition and easement ...... 41 6.3.2 Submitting grievances regarding construction and operation ...... 42 6.4 Grievance processing ...... 43 6.4.1 Grievance processing regarding land acquisition and easement ...... 43 6.4.2 Grievance processing regarding construction and operation...... 43 6.5 Grievance records ...... 45 7. ROLES AND RESPONSIBILITIES IN SEP IMPLEMENTATION ...... 45 8. MONITORING, REPORTING AND EVALUATION OF EFFECTIVENESS THE IMPLEMENTATION OF THE SEP ...... 47 8.1 Monitoring ...... 47 8.2 Reporting...... 47 8.3 Evaluation of effectiveness ...... 47 Annex A ...... 48 Annex B ...... 49
1. INTRODUCTION This SEP is prepared in relation to Ungheni-Chișinău Gas Pipeline project. It sets out to the planned program for disclosure of project information and consultation with stakeholders, as well as the methods for recording and addressing comments and grievances from various stakeholders.
This Stakeholder Engagement Plan (SEP) has been developed considering the provisions of Moldavian legislation, Î.S. „Vestmoldtransgaz” (VMTG) Policies and Procedures, as well as good international practice, EBRD’s Performance Requirement 10 1, and IFC’s Stakeholder Engagement Good Practice Handbook (2014) 2. VMTG as promoter of the project “The Interconnection of the Romanian Natural Gas Transmission Pipline with the Natural Gas Pipeline of the Republic Of Moldova, Phase II, Iasi – Ungheni – Chisinau Route” understands the importance off all stakeholders and the public at large and is committed to provide timely information to the public, using transparent communication methods and constantly considering the feedback provided by all stakeholders. The SEP will be updated during the implementation of the project based on the needs highlighted throughout the provision of information to and engagement with stakeholders . Stakeholder engagement refers to a process of sharing information and knowledge about the Project, seeking to understand and respond to the concerns of other parties who may be affected by the Project.
s s s s ss s Stakeholder consultation and disclosure are key elements of engagement and essential for the delivery of successful projects. The current structure of the SEP refers to matters related to: general aspects, description and project objectives, SEP objectives and principles, applicable legal framework, identification and analysis of stakeholders, past and planned stakeholder engagement activities, grievances system, etc.
2. THE PURPOSE AND OBJECTIVES OF THE SEP 2.1 Purpose Stakeholder engagement is a key element in building strong, constructive and responsive relationships in order to assure a successful management of the project’s environmental and social risks and impacts. Its aim is to inform stakeholders about the potential social and environmental impacts related to the project through appropriate disclosure of information, to ensure their perceptions of the proposed development are as accurate as possible, to consult with them to obtain feedback, and to provide a mechanism for resolving any concerns or complaints they might have.
The overall aim of this SEP is to ensure that a timely, consistent, comprehensive, coordinated and culturally appropriate approach is taken to consultation and Project disclosure.
The main purpose of the SEP is the presentation of the principles and method used for information disclosure and the engagement with stakeholders throughout the pre- construction, construction of the Project and during its operation phase. The current SEP is to be updated in subsequent stages of the Project planning and construction and also later during Project implementation. The planned activities to be conducted in this respect will be presented at least annually in line with the calendar for the implementation of the project.
One of VMTG’s priorities is to cultivate a transparent and constructive dialogue oriented towards providing information and identifying solutions to mutual problems identified together with the stakeholders and especially with directly affected stakeholders, and to develop robust, continuous and constructive relations with different stakeholder groups in VMTG’s capacity as promoter of the Project.
As we are informed of and understand better the nature of the different concerns, we will listen respectfully to people’s concerns and the values promoted by their communities along the route of the pipeline Project, and we will aim to implement measures to support vulnerable groups and directly affected stakeholders where necessary.
2.2 Objectives of the Stakeholder Engagement Plan The overall objective of the SEP is to support VMTG in its effort to implement the proposed project by assuring that all stakeholders are informed adequately and in a timely manner, and engaged during project implementation. The SEP aims to describe the specific measures for stakeholder information on the potential environmental and social impacts related to the project through appropriate disclosure of information, to ensure the perceptions of the proposed development are as accurate as possible, to consult with stakeholders to obtain feedback, and to provide a mechanism for resolving any concerns or complaints they might have. The SEP focuses, but is not limited to, the following aspects:
• identification of affected stakeholders and other interested stakeholders; • ensuring a transparent framework for a uniform, systematic and reliable approach in the interaction with stakeholders; • identification of the most efficient methods for the dissemination of information related to the Project; • presentation of past information disclosure and consultation activities as well as of those planned for the future; • highlighting the principles which will govern the implementation of the SEP; • defining the roles and responsibilities in view of the implementation of the SEP; • establishing efficient methods to ensure the rapid and safe handling of concerns and grievances by stakeholders related to the Project; • offering clear and consistent answers and developing meaningful and accessible information (including brochures, flyers, etc. for dissemination) dedicated both to informing and to familiarizing the public with the project;
The SEP is a “live” document that will be progressively developed through updated versions in line with the phases of the project. The SEP will be made publicly available on VMTG’s website.
VMTG and the Project Implementation Unit (PIU) will respect individual stakeholders’ Right to Privacy which is relevant to this SEP in regard to information relating to personal or private affairs and the protection of communications, including grievances. 2.3 Principles of information disclosure and engagement of stakeholders Throughout the project implementation process the following principles will be respected:
• Open and pro-active relation with the stakeholders; • Openness toward dialogue and best efforts to clarify all aspects, uncertainties, worries the communities might have in connection with the implementation of the project; • Building awareness of the importance of the project due to its status of: project of common interest and project of national importance in gas field. • Showing respect towards the affected communities and their values; • Ensuring the transparent communication of project impacts and risks, as well as how these are being monitored and mitigated; • Building and maintaining cooperation and dialogue with affected communities, project contractors and workers, with NGOs, public organizations, and the regulatory authorities in view of facilitating future successful relations; • Updating the SEP on a regular basis (at least once per year) to ensure these principles can be upheld throughout the different stages of implementation of the project.
3. PROJECT DESCRIPTION The proposed project (the “Project”) foresees the development of a 110 km long gas pipeline on the territory of the Republic of Moldova, which would cross Ungheni, Nisporeni, Călărași, Strășeni and Chișinău districts. The width of the construction strip for the execution of the works is 20 m, and the pipeline will be buried for the entire route. The interconnection pipeline will allow the country to fully benefit from the Iași-Ungheni pipeline, and it will connect Chișinău Municipality, the largest gas consumer area from the Republic of Moldova, to an alternative natural gas source. Besides the actual pipeline, the Project foresees the construction of an administrative unit, the construction of 4 new Gas Pressure Regulation Stations (GPRS), the upgrading of an existing bidirectional gas measurement station, and the supporting infrastructure consisting of block valve stations, watercourses and infrastructure crossings, and access roads.
The localization of the Project site is presented in Figure 1. Figure 1 The route of the Project (blue line )
The main components of the Project are the following:
• DN600 Ungheni–Chișinau Natural Gas Transmission Pipeline
• Ghidighici Administrative unit
• Semeni Gas Pressure Regulation Station (GPRS)
• Ghidighici Gas Pressure Regulation Station
• Petricani Gas Pressure Regulation Station
• Tohatin Gas Pressure Regulation Station + Tohatin Gas Measurement Node • Interconnector Pipeline GPRS Ghidighici – GPRS Petricani and interconnector pipeline GPRS Petricani - Gas Distribution Network, Chișinău
• Natural Gas Pipelines SRM Tohatin – CET Chișinău and GPRS Tohatin – Gas Distribution Network Chișinău
3.1 Location of the project The DN600 Ungheni – Chișinău Natural Gas Pipeline starts in the Ungheni district, from the existing C platform, located in the area of the Todirești territorial-administrative unit, to south-west, passing south from Pîrlița, north from Alexeevca, south from Radenii Vechi, north-east from Milești (Nisporeni district); it follows the course of the Bîc river through Vălcinet, Peticeni, Tuzara, it bypasses the city of Chișinău from west to the north, and returns near the course of the Bîc river at the eastern part of the city, heading to Nișcani and Pitușca in Călărași district, then Bucovăț, Vorniceni, Căpriana, Pănășești, Ghelăuza, Negrești, Roșcani and Sireți in Strășeni district, passing through the territory of Ghidighici, Grățiești, Stăuceni, Tohatin and the Municipality of Chișinău. The pipeline ends in the Tohatin territorial- administrative unit, to the east from Cheltuitori.
All along its route, the pipeline crosses 4 watercourses included in the land registry, the Delia and Bîc rivers in 3 locations, 4 railway tracks and 17 roads (road R1 – 3 locations, road L391 – 2 locations, and roads L390, L418, L411, R20, L409.2, L409, L447, L 448, L443, M14 M21 and M2, all in one location).
Main components of the project on territorial-administrative units (TAU) District TAU Objective/Facility s s s s s s
3.2 Project construction The objective of the investment, called „Execution works for the interconnection of the Romanian Natural Gas Transmission System with the Natural Gas Transmission System of the Republic of Moldova - Phase II – Iași-Ungheni-Chișinău route” is divided into 7 lots, as follows:
• LOT 1 - Natural gas transmission pipeline DN600, pressure 55 bar, length 26.070 km, located on the territory of Ungheni and Nisporeni districts, Zagarancea, Todirești, Pîrlița, Rădenii Vechi, Alexeevca, Milești administrative units. • LOT 2 - Natural gas transmission pipeline DN600, pressure 55 bar, length 35.890 km, located on the territory of Călărași district, Temeleuți, Vălcineț, Peticeni, Călărași, Pitușca, Sadova administrative units. • LOT 3 - Natural gas transmission pipeline DN600, pressure 55 bar, length 32.180 km, located on the territory of Strășeni district, Vorniceni, Căpriana, Pănășești, Strășeni, Ghelăuza, Rădeni, Negrești, Roșcani, Siret administrative units. • LOT 4 - Natural gas transmission pipeline DN600, pressure 55 bar, length 15.860 km, located on the territory of Chișinău district, Ghidighici, Grățiești, Stăuceni, Chișinău, Tohatin administrative units. The Ghidighici interconnection with diameter DN300, is 2.6 km long, being located in the Ghidighici TAU. • LOT 5 refers to the execution of the gas pressure regulation stations, of the bidirectional measurement node, of the pig receptor station and of the pipeline automation and security systems, as follows:
i. GPRS SEMENI - works aiming at the execution of the gas pressure regulation station (GPRS) Semeni, located on the administrative area of Zagarancea village, in the proximity of the existing transmission pipeline PE SDR 11 Dn 180 Ungheni – Petrești – Sculeni.
ii. GPRS GHIDIGHICI - works aiming at the execution of the gas pressure regulation station (GPRS) Ghidighici, located on the administrative area of Ghidighici village, near the city of Chișinău. GPRS will be installed in the same facility with the Ghidighici Administrative Unit, iii. GPRS PETRICANI - works aiming at the execution of the gas pressure regulation station (GPRS) Petricani, located on the administrative area of Chișinău, near Petricani street.
iv. GPRS+BMN+PRS TOHATIN - works aiming at the execution of the bidirectional measurement node, pig receptor station and the gas pressure regulation station, located near Chișinău municipality. The GPRS will be installed in the same facility with the bidirectional measurement node and with the pig receptor station.
v. AUTOMATIZED AND SECURE PIPELINE - The automation and security systems of the pipelines will be installed at:
1) A Platform Ungheni - by mounting 2 measurement lines and integrating them into the existing gas measurement system;
2) Gas pressure measurement stations: Semeni, Petricani, Ghidighici;
3) GPRS Tohatin + BMN Tohatin;
4) Interconnection works and pig launcher station on Platform C Todirești;
5) 7 groups of main block valves and interconnection valves R1,R3,R5,R6,R8,R10,R11;
6) 4 groups of secondary valves R2,R4,R7,R9;
7) Execution of the Administrative Unit in Ghidighici.
• LOT 6 - Natural gas distribution pipeline GPRS Tohatin - CET Chișinău and GPRS Tohatin - distribution Chișinău; Interconnection pipeline GPRS Ghidighici - GPRS Petricani and interconnection pipeline GPRS Petricani - Distribution network Chișinău, consisting of:
o Interconnection pipeline (P = 0,6 ÷1,2 MPa) GPRS Ghidighici – GPRS Petricani and interconnection pipeline GPRS Petricani – distribution network Chișinău;
o Natural gas distribution pipelines GPRS Tohatin – CET 2 Chișinău (P = 0,3 MPa) and GPRS Tohatin – distribution network Chișinău (P = 0,3 MPa).
• LOT 7 refers to the building of the Administrative Unit in Ghidighici, located in the administrative area of Ghidighici village, near the city of Chișinău.
3.3 The DN600 Natural Gas Transmission Pipeline The 110 km long Ungheni-Chișinău natural gas transmission pipeline is located on the territory of Ungheni, Nisporeni, Călărași and Strășeni district, and the municipality of Chișinău.
The DN600 natural gas transmission pipeline implies the following works:
• Developing the DN600 natural gas transmission pipeline, with a length of 110 km; • Upgrading of the existing Gas Pressure Regulation Station on platform A, by building two DN300 measurement lines, equipped with separators, gas dryers and measurement systems with correction, similar to the existing ones, connected to the existing automation and metering systems, in order to allow the GPRS Ungheni to ensure a peak capacity of 250.000 Nm 3/hour;
• Designing a platform (50 m x 30 m) on the existing GPRS Ungheni area (outside the actual delimited area), destined to the depositing of the reserve and intervention materials, parking, placement of heavy machinery, vehicles and special equipment.
• Building of a pig launching station on the C Platform in Todirești, and its connection to the Iași– Ungheni interconnector pipeline, respectively pig receptor station placed within the bidirectional gas measurement node in Tohatin;
• Mounting 11 groups of block valves;
• Developing the DN300 Ghidighici interconnection pipeline with a length of 2.6 Km.
• Mounting fiber optic cables on the route of the pipeline.
The technical features of the investment are the following:
Design pressure 55 bar;
Pipeline nominal diameter DN 600;
Pipeline material L415 NE – SR EN ISO 3183;
Length 110 km;
The natural gas transmission pipeline of high operation pressure on the Ungheni-Chişinău route, which is the objective of the present project, will be buried, at a depth of 1.1 m.
Several above-ground infrastructural facilities will be built: 11 groups of block valves, one pig launching station on the C platform in Todirești, two DN300 measurement lines on the existing A platform.
The proposed locations for the worksites needed for the execution of the pipelines are presented in the table below:
No. Name Area (sq m) Loca lization s s s s
3.4 Above-ground facilities Cathodic protection stations
The cathodic protection of the entire pipeline will be ensured by 5 cathodic protection stations, installed at the following locations: C Platform Todirești, R5 valve groups, R10 valve groups, regulation and measurement node + GPRS Tohatin. No. CPS Location localization s s s s s s s s
Valve stations
11 stations of block valves are installed on the route of the pipeline.
No. Location localization s s s s s s s s s s s s s s s s s s s s s s
Pig launching/ receptor stations
The project includes one pig launching station located on the C Platform in Todirești, and one pig receptor station located within the bidirectional gas measurement node in Tohatin.
No. Location Localization s s s s
Gas pressure regulation stations
The project foresees 4 stations for gas pressure regulation (GPRS), namely GPRS Semeni, GPRS Ghidighici, GPRS Petricani and GPRS Tohatin.
GPRS SEMENI It is located in the administrative area of Zăgărancea village, near the existing PE SDR 11 Dn 180 Ungheni – Petrești – Sculeni transmission pipeline.
It was designed for a peak capacity of 10,000 Nm3/h and a maximal operation pressure of 10 bar. The total area of the finalized station will be of 815.24 sq m, completed by a 4 sq m area destined to the delimiting of the valve at the connection spot of the DN100 tie-in pipeline, 63 design pressure, to the DN 500 Ungheni – Chișinău natural gas transmission pipeline; and 4 sq m for the delimiting of the valve from the designed DN 200 output pipeline of 16 bar design pressure.
In order to develop the designed DN 100, Pn 63 bar interconnection pipeline, provisionally a construction strip of 10 m width will be occupied, and for the DN 200 Pn 16 bar output pipeline a construction strip of 11 m width will be temporarily used.
GPRS PETRICANI It is located in the administrative area of the Municipality of Chișinău, near Petricani road.
It was designed for a peak capacity of 60,000 Nm3/h and a maximal operation pressure of 4 bar.
Taking into account the area where the designed station will be located and the configuration of the area, there is a need for a total area of 858.00 sq m (39.0 m x 22.0 m); this area requires levelling (digging, filling, retaining walls, ditches etc.).
GPRS TOHATIN + GAS MEASUREMENT NODE TOHATIN It is located in the northern part of the city of Chișinău, to the south from Cheltuitor.
The bidirectional measurement node was designed for a peak capacity of 140,000 Nm3/h and a maximum operation pressure of 35 bar.
The GPRS for this location was designed for a peak capacity of 100,000 Nm3/h and a maximum operation pressure of 3.5 bar for CET Chișinău, and a peak capacity of 70,000 Nm3/h and a maximum operation pressure of 3.5 bar for the distribution network of the city of Chișinău.
The GPRS will be installed in the same facility with the bidirectional measurement node and the pig receptor station. Taking into account the area where the designed GPRS will be located and the configuration of the area, there is a need for a total area of 4867.00 sq m (115.60 m x 42.10 m), this area requires levelling (digging, filling, ditches etc.)
The actual delimited area of the GPRS is of 3850.00 sq m (110.0 m x 35.0 m).
GPRS GHIDIGHICI It is located within the administrative area of Ghidighici village, in the proximity of Chișinău Municipality, in the same facility where the Ghidighici Administrative Unit is located.
It was designed for a peak capacity of 70,000 Nm3/h and a maximum operation pressure of 12 bar.
Levelling (digging, filling, retaining walls, ditches etc.) will be carried out on the area delimited for the installations belonging to the GPRS, on a surface of 900.00 sq m (30.0 m x 30.0 m)
Ghidighici Administrative Unit
The facility is located to the north-west from the Municipality of Chișinău, open in the direction of the Balcani Road, between Poltava and Leușeni. The area where this investment is to be executed is arable land, where at present there aren’t any other buildings.
The ensemble (operation unit, administrative unit, maintenance unit) will be built in the same area with the GPRS Ghidighici. The complex implies the construction of facilities, like: office building, dispatch centre, laboratory, maintenance and repair workshops, deposits (open and closed structures), garage, area for the strategic pipeline reserves and parking areas for vehicles, trucks and heavy machinery (separate platforms for light and heavy equipment, parking for cars), and a surveillance building. These investments represent the following objectives:
- Objective 1: Administrative building
- Objective 2: Mechanical workshops
- Objective 3: Deposit
- Objective 4: Laboratory
- Objective 5: Surveillance cabin at the gate
- Objective 6: External facilities
Proposed built area:
Objective 1: Administrative building: 1260 sq m
Objective 2: Mechanical workshops: 1060 sq m
Objective 3: Deposit: 1060 sq m
Objective 4: Laboratory: 182 sq m
Objective 5: Surveillance cabin at the gate: 32 sq m Total: 3594 sq m
The facility is equipped with all necessary utilities: electrical installations, heating and ventilation systems, sewage and water system. All water, sewage and electricity utilities will be connected to the urban network.
The table below summarizes the total areas that would be used by all components of the project.
USED AREAS, REPUBLIC OF MOLDOVA (approximately)
s s s
s s s
s s s
s s s
s s s
s s s
s s s
s s s
s s s
s s s
s s s
s s s
s s s
s s s
s s s
s s s TOTAL 63656 sq m
The Investment Project is currently divided in 7 lots. For lots 1,2,3,4,5 and 7 the Works supply contracts have been signed. All the Contracts are ongoing and pipeline construction works are in progress.
For lot 6 the public procurement process is close to be final and the Works supply contract will soon be signed.
On some sections of the Project, top soil has been stripped from on the right of way and line pipe is being laid on the ground.
Civil works on the Ghidighici complex are well advanced.
3.5 Direct, indirect and cumulated impact on the environmental factors and on the local communities, protection measures from the perspective of the environmental agreement
3.5.1 Environmental agreement for the Ungheni-Chisinau natural gas pipeline The Environmental Agreement for the Ungheni-Chisinau natural gas pipeline Project was obtained in February 2016. The environmental agreement was issued by the Ministry of the Environment of the republic of Moldova (ME) and is based on the Environmental and Social Impact Assessment (ESIA) developed in 2016. The ESIA document, as well as the environmental agreement and information related to the environmental permitting procedure were made available, to interested parties on the ME and VMTG’s websites and also as hard copies at ME and regional authorities along the pipeline route (4 regional councils offices). 3.5.2 Forecasted impact and envisaged stakeholder engagement mitigation measures The project related activities presented below are expected to have an impact on the local community and stakeholders, and require stakeholder engagement activities as part of the mitigation measures.
Issue Mitigation Responsibility Timeline Population and human The local community shall be VMTG Before construction health informed about the construction starts route, construction schedule, the on site safety restrictions, traffic schedule and route for heavy equipment Soil and land use Land owners and land user shall MEPIU Before construction be notified about the pipeline VMTG starts route, construction schedule and the restrictions imposed during the construction and operation period Noise and vibrations Local communities shall be VMTG Before and during informed about the construction construction schedule in order to minimize potential grievances related to noise and vibrations
4. EUROPEAN, NATIONAL LEGAL FRAMEWORK FOR THE INFORMATION AND PUBLIC CONSULTATION, EBRD REQUIREMENTS, CORPORATE POLICIES AND INTERNAL DOCUMENTS OF THE COMPANY Information disclosure and public consultation for the Project is governed in principle by four type of documents: • Moldavian legislation regarding procedures for the evaluation of the environmental impact and the ones related to the implementation of projects of national importance in the field of natural gas; • VMTG corporate policies on environmental and social policies; • Lender’ s environmental and social policies and performance requirements, including EBRD’ s PR 10 on Information Disclosure and Stakeholder Engagement. 4.1 National legal framework Law No. 105 of June 9, 2017 on declaring public utility for works of national interest the construction of the gas pipeline in the direction Ungheni-Chisinau and the implementation of some measures for the operation, exploitation and maintenance of the gas transport pipeline Iasi-Chisinau-Ungheni:
The law No. 105/09.06.2017 was specifically tailored for the Project and stipulates the legal framework for the land acquisition and easement. It establishes the principles and steps for expropriation and stakeholder engagement. The main points regarding stakeholder engagement are the following:
• Access to information regarding the expropriation procedure o The PAPs shall be personally informed about the expropriation steps, about the area of land that will be affected by the project, the amount of compensation and the documents required in order to access the compensation • Grievance mechanism o The PAPs shall be informed about existence of a grievance procedure and the steps necessary in order to access the grievance procedure
Law No. 86 of May 29, 2014 on Environmental Impact Assessment of the Republic of Moldova:
The Law No. 86 of May 29, 2014 on Environmental Impact Assessment of the Republic of Moldova is a partial transposition of the Directive 2011/92/EU the European Parliament and Council from December 13, 2011 about the assessment of impact of some state and private projects on the environment.
The law establishes the principles of EIAs, defines the scope of the EIA, the powers of competent authorities and the application procedure for planned activities. It defines, in addition, the procedures for public consultation and participation in the EIA process, which are the focus of this section. The main points are as follows:
• Access to and comments on documentation o The public shall be given the opportunity to have access to the EIA related documents and to comment on some of them • Public debates o The developer is obliged to review the public opinion by means of public consultations (public debates and written comments). Public debates shall be conducted in the territory of the local public authority where the planned activity is to be implemented o Information of the public about the conduct of public debates: adverts in the mass-media, official web-page of the developer and local governments of the project area, posts at public places and the offices of the local governments; o The findings of the public debates shall be entered in a minute (indication of the total number of participants, list of questions, objections and proposals put forth).
4.2 EBRD requirements on information disclosure and stakeholder engagement According to EBRD, stakeholder engagement is central to building strong, constructive and response relationships which are essential for the successful management of a project’s environmental impacts and issues. EBRD’s Performance Requirement 1 (PR 1) states that the ESIA process will include a public disclosure and consultation process, and that the client will implement a Stakeholder Engagement Plan in accordance with EBRD’s PRs.
EBRD’s Performance Requirement 10 (PR10) further states that the national laws (including the ones transposing international regulations) regarding public information disclosure and consultation must always be complied with. The application of EBRD PR10 therefore aims to supplement the national legal framework.
PR10 contains guidelines similar to those in Regulation EU No. 347/2013, in the sense that the affected stakeholders, especially local communities affected by the implementation of a project benefit from a set of proactive measures by the project promoter, aimed at (a) diminishing or eliminating negative environmental or social impacts related to the implementation of the project and (b) ensuring stakeholder perception of the project is as accurate as possible.
According to PR10, the following should be retained as principles:
• Promoting transparent communication between the project promoter, its employees, the local communities directly affected by the project, and other interested stakeholders; • The involvement of the stakeholders is a process free of manipulation, interference, coercion and intimidation; • The involvement of the stakeholders will be differentiated according to their belonging to the directly affected or indirectly affected stakeholders. For vulnerable groups specific actions will be considered to eliminate possible barriers to their participation in the engagement process; • The involvement of stakeholders is a process which must take place in the early stages of the project, and continue throughout the entire life of the project; • Ensuring access to a complaints receiving/solving mechanism, for stakeholders to submit their questions, concerns or grievances about the Project.
5. PROJECT STAKEHOLDERS 5.1 Identification of stakeholders Stakeholder identification is a key step in managing the stakeholder engagement process. Taking into consideration the status of project of national interest, the procedure carried aut in order to obtain the Construction Permit and the identification of land owners as well as the ESIA elaborated in 2016, the following categories of Stakeholders have been identified:
• Civil society : o General public: directly or indirectly affected population groups and subgroups (e.g., youth, girls, and women’s groups), and ethnic minority groups. o People owning land or assets impacted by the project, both on and off-site. o People using agricultural land or natural resources, such as forests or rivers. o Squatters already on-site. o People’s organizations and institutions affected by the project, such as village development associations, recreational groups, women’s groups, farming and fishing cooperatives, and religious groups. o Locally disadvantaged and voiceless groups, such as the poor and women. o People from surrounding villages who may be potential sources of labor. o Civil society organizations: national and international NGOs, community-based organizations, foundations, labor unions, and independent research institutes. o Informal representatives: scientific community, schoolteachers, religious leaders. • Government: o Central Government: civil servants in ministries, cabinets, etc. o Representative assemblies: elected government bodies; o Bilateral and multilateral government institutions: international financial institutions, bilateral government donors, etc. • Private Sector: o Private companies (including suppliers, customers, and contractors), umbrella groups representing groups in the private sector, and chambers of commerce. o Media outlets.
5.2 Analysis of stakeholders and prioritization The construction of the pipeline will cross the administrative area of the following districts, villages, communes and towns:
• Chișinău district - Chișinău city, the communes of Tohatin, Stăuceni, Grătiești, Ghidighici; • Strășeni district - the villages of Sireți, Roșcani, Negrești, Căpriana, Vorniceni, the communes of Rădeni, Ghelăuza, Pănășești and Bucovăț city; • Călărași district – Tuzara commune, the villages of Pitușca, Nișcani, Temeleuți, Peticeni, Vălcineț, Sadova and Călărași city; • Nisporeni district – Milești village; • Ungheni district – the communes of Alexeevca, Pârlița, Todirești, Zagarancea and the village of Rădenii Vechi.
The information obtained so far shows that no squatters exist in the area, but that there are people occupying land for which they have no official written title. After the Soviet Union has been dismantled, the people received the land they have been working on. However, due to reasons still not clear, some of these owners never received or applied for a formal land title.
Table 5.1 lists the stakeholders identified by the ESIA and their interest in the project: Table 5.1 Stakeholders identified during ESIA preparation
Stakeholders Stakeholder Perception of the Resources Responsibilities Contact data Interest problem/Issues to be discussed
Civil society Land owners and They will lose Timely and fair Land and Not applicable Database with land owner is land users subject private land financial available agricultural to and potentially compensation for land assets land and/or productive and crops financial land, as well as compensation agricultural assets
Inhabitants of They can be Environmental and Work force Not applicable Not applicable. Ungheni, Calarasi, directly affected social impacts of the Straseni, by project; Environmental Nisporeni and Public resources People environmental Chisinau and Social and social issues (air, water, soil, are involved through the Management forests) local governments. Plan; Job opportunities They can be potential sources
of labor Stakeholders Stakeholder Perception of the Resources Responsibilities Contact data Interest problem/Issues to be discussed
Villagers from They can be Job opportunities Work force Not applicable Not applicable. People are potential involved through the surrounding areas sources local governments. of labor
BIOTICA, To be aware and Environmental impacts Internal budget BIOTICA is active in Mun. Chisinau, str. N. Ecological comment on of the project; public the field of and staff Dimo, 17/4 ap.22 biodiversity Association the consultation process; conservation. It fax: 0-22-495625; environmental Environmental and impacts of participates in tel: 0-22-498837; 0-22- Social Management developing the project Plan 434726 management plans for protected areas, http://www.bioticamoldova.
drafting regulations org and plans.
Ecological To be aware and Environmental impacts Internal budget EMM has the main Mun. Chisinau, str. Movement comment on of the project; public mandate/mission of and staff S.Lazo, 13 promoting of Moldova the consultation process; environmental tel/fax: 0-22-232408; 0- (including its environmental Environmental and awareness in the territorial dept. in impacts of 22-237423; Social Management Ungheny) country by the project Plan promoting tel: 0-22-232654 environmental http://www.mem.md education actions. It Stakeholders Stakeholder Perception of the Resources Responsibilities Contact data Interest problem/Issues to be discussed
also participated in the drafting of environmental laws and strategies.
AGROINFORM, To provide Impacts related to Internal bu dget Agroinform is a Mun. Chisinau, bd. support to the network of 15 Agricultural losses of productive and staff Stefan cel Mare si Sfint, regional producers’ associated land and agriculture organizations that 123-V farmers which National support the are assets fax: 0-22-237830; Federation of sustainable Moldova affected by the economic tel: 0-22-237730 project development of rural communities Business association.
by providing http://www.agroinform.m complex assistance d in business development and marketing, advanced technologies implementation, as well as representing the interests of its members by promoting policies for Stakeholders Stakeholder Perception of the Resources Responsibilities Contact data Interest problem/Issues to be discussed
sustainable rural environment development.
Govern ment Ministry of Project’s EIA, Environmental Ministry’s internal The Ministry is www.mec.gov.md Economy developer and and Social responsible for budget and staff; Direct contact person for Management owner; Recipient analysis of social and Project loan the project: Ms. Mariana of the loan Plan, PCDP economic position, structure and Botezatu, Director of the condition of the production potential General Department of of industry, Energy Security and
agriculture, energy Efficiency complex, transport, communication and mariana.botezatu@mec. road infrastructure gov.md and other branches of
economy; on this basis,
development of concepts, strategies and programs for Stakeholders Stakeholder Perception of the Resources Responsibilities Contact data Interest problem/Issues to be discussed
restructuring of economic sectors
and social and economic development of the country.
MEPIU (Moldova Representative EIA, Environmental World Bank’s MEPIU is the key www.mepiu.moldnet.md of the MoE for and Social organization in Energy Project loan [email protected] the Management supporting the Implementation implementation Plan, PCDP implementation of Unit) of the project Energy II Project from the technical
point of view. Upon necessity and
within the scope of its competence,
the implementation unit is involved
by the Ministry of Economy and
other public administration Stakeholders Stakeholder Perception of the Resources Responsibilities Contact data Interest problem/Issues to be discussed
institutions in assessment of the
long term key developments in the
energy sector and in the international cooperation in the
field.
Ministry of Its permission or EIA, Environmental Ministry’s internal The Ministry of Www.mediu.gov.md agreement and Social Environment shall Environment budget and staff Management is necessary in coordinate the order to Plan, PCDP process of construct the Approvals: Application, environmental pipeline. impact assessment EIA Program/ToR, EIA Documentation/Repor of the planned t facilities and
businesses with substantial effect
on the environment.
Stakeholders Stakeholder Perception of the Resources Responsibilities Contact data Interest problem/Issues to be discussed
Ministry of Its permission or EIA, Environ mental Ministry’s internal The Ministry of www.maia.gov.md Agriculture agreement and Social Agriculture shall budget and staff Management and Food is necessary in promote a rational Industry order to locate Plan, PCDP use of the the pipeline on natural resources “Ghidighici”, and on Didactic environmental Station protection, territories (Gratiesti arrangement of administrative works for land and unit) forestry cadastre, of the State land monitoring, Agrarian implementation of University of uniform policy for Moldova, and on land management the National and control over College of Viticulture and the land use. Winemaking Stakeholders Stakeholder Perception of the Resources Responsibilities Contact data Interest problem/Issues to be discussed
territories in Stauceni
administrative unit.
The involvement of this ministry in the EIA process
shall be a decision of the Ministry of Environment
State Ecological The Inspection EIA, Environmental Agency’s internal The agency exercises http://inseco.gov.md/ Inspection shall assure and the state control and budget and staff the fulfillment of supervision over the EIA process Social Management with the EIA Law compliance with Plan, PCDP valid legislation
The involvement and regulations in of this agency in environmental the EIA process protection and use shall be a of the natural decision of the Stakeholders Stakeholder Perception of the Resources Responsibilities Contact data Interest problem/Issues to be discussed
Ministry of resources by Environment economic operators of any type .
Agency Moldsilva Its permission or EIA, Environmental Agency’s internal The general task of www.moldsilva.gov.md agreement and the Agency is budget and staff is necessary in Social Management to implement the order to locate constitutional Plan, PCDP the pipeline on prerogatives and forest lands international
owned by the ratified obligations State and of the Republic
managed by its of Moldova on subdivisions. development,
The involvement promotion and of this agency in implementation of the EIA process its
shall be a policy in forestry and decision of the hunting.
Ministry of Environment
Agency Apele Its permission or EIA, Environmental Agency’s internal Agency “Apele www.apelemoldovei.gov agreement is and Moldovei” is the Moldovei necessary in Stakeholders Stakeholder Perception of the Resources Responsibilities Contact data Interest problem/Issues to be discussed
order to locate Social Man agement budget and staff administrative .md the pipeline on authority Plan, PCDP aquatic lands, responsible
river protection for implementing strips and state policy in the protected areas field of water of the rivers. resources The involvement management, of this agency in hydrological, water the EIA process supply and shall be a sanitation, which decision of the Ministry of operates under the Environment Ministry of
Environment.
Councils of Located in the EIA, Environmental Internal budget The Tier -1 and Tier -2 www.crungheni.md Ungheni Region, project area and Social governments and staff www.calarasi.md Calarasi Region, Management give orders in Straseni Region, www.straseni.md Plan, PCDP accordance with the Chisinau Region, www.nisporeni.md Disclosure of project’s law on Tier 1 local implementation of www.chisinau.md governments of Information public consultations the area on the projects of Stakeholders Stakeholder Perception of the Resources Responsibilities Contact data Interest problem/Issues to be discussed
Public consultation: local importance, which can have collection of comments and economic, questions; forward environmental and social consequences these to the MoEn or (for life of the the developer; support people, for culture, health and in organization of public debates social protection for local communities and public services),
as well as on other issues which are of interest for all population of
the administrative- territory unit or its
part.
Private sector Media Publication of Disclosure of project’s Communication The national, information regional and local information platforms (TV, about the EIA media fulfill the process radio, internet communication Stakeholders Stakeholder Perception of the Resources Responsibilities Contact data Interest problem/Issues to be discussed
and newspapers) needs of the project.
5.3 Past stakeholder and public engagement and participation 5.3.1 Engagement during the pre-feasibility study During the preparation of the pre-feasibility study, consultations with relevant actors have been undertaken by the consulting company working for preparing the project documentation. Members of the private sector, government, scientific community and the financing institutions have been consulted in this initial phase to discuss technical, design, legal, policy and environmental issues. The feedback from these meetings has been incorporated into the studies undertaken up to now.
All the engagement activities conducted in the pre-construction period have been completed and are in line with the legal requirements for the project.
A summary of these activities are detailed in Table 5.3.1:
Table 5.3.1 Summary of pre-feasibility consultations
Date and loc ation Stakeholders involved Description Private sector 16.07.2014 Gazproiect - Gazproiect is an engineering Discussion of the project’s Office of company that has the required license background, design, routing, Gazproiect, and resources to design HP main gas and feasibility study. Moldova pipelines Government 17.07.2014 Ministry of Economy (MoE) Handing over of the list of the Offices of the members of the Working Ministry of Group; handing over of Economy of documentation and technical Moldova standards; discussion of the project’s design. 18.07.2014 Vestmoldtransgas - state Discussion of the project’s Temporary office of company established for the routing and connection issues. Vestmoldtransgas, operation of the Iasi – Moldova Ungheni – Chisinau pipeline. 21.07.2014 MEPIU (Moldova Energy Discussion of the project’s MEPIU’s office in Projects Implementation design, routing and connection Moldova Unit) issues. 30.07.2014 ANRE (National Agency for Discussion of regulatory and ANRE’s office in Energy Regulation of legal issues Moldova Moldova) 30.07.2014 S.A. Energocom - state Discussion of supply issues Energocom’s office owned company with the in Moldova license for supply of electricity and gas with nonregulated tariffs. 19.09.2014 Ministry of Economy (MoE) Disclosure of the work so far Offices of the undertaken; discussion of Ministry of technical, design, supply, Economy of demand, legal, budget and Moldova routing issues 23.09.2014 Ministry of Finance Discussion of taxes, other Offices of the financial duties of the project, Ministry of public procurement, sovereign Finance, Moldova guarantee, and the loan 15.10.2014 MEPIU (Moldova Energy Discussion of the project’s MEPIU’s office in Projects Implementation connection, costs, and technical Moldova Unit) and issues; discussion of timelines 15.10.2014 Ministry of Economy, Public Discussion of legal and Offices of the Property Agency, PPP Unit regulatory issues related to PPP Ministry of Economy of Moldova 16.10.2014 Ministry of Economy, Discussion of gas market and Offices of the Advisor on Energy Policy to supply issues Ministry of the Prime Minister’s Office Economy of Moldova 16.10.2014 Ministry of Economy Brief the MoE on the progress Offices of the of the routing work Ministry of Economy of Moldova 16.10.2014 State Environmental Brief the Ministry of Offices of the Inspection, subordinated to Environment Ministry of Ministry of Environment on the project status; discussion Environment, of routing issues, EIA Moldova procedures, and permitting. International financing institutions 23.07.2014 EBRD Discussion of the project’s Moldova capacity and background. Scientific community 17.10.2014 Academy of Science, Discussion of gas consumption Academy of Institute of Power forecasts in Moldova Science, Institute Engineering of Power Engineering Group meetings 03.12.2014 Government ministries and Workshop for presentation and Chisinau agencies; EIB and EBRD; discussion of the pre-feasibility EU Delegation; Embassy of study: routing, basis of design, Romania SIDA environmental issues, investment recovery options, and economic/commercial issues 04.12.2014 Ministry of Economy, EBRD, Workshop for discussion of the Chisinau EIB pre-feasibility study: economic/financial issues, Moldova/Romania co- operation, legal and regulatory development, PIU (Project Implementation Unit), procurement rules, co- operation with the Ministry of Environment, construction rules 04.12.2014 ANRE (National Agency for Discussion of the pre -feasibility Chisinau Energy Regulation of study: economic/financial Moldova); EBRD; EIB issues, legal and regulatory development, tariffs, gas distribution.
5.3.2 Engagement during the ESIA phase In the beginning of February, 2015 the organization and planning of the ESIA and the feasibility study have started. Fichtner has been involved in group meetings undertaken for this purpose in Chisinau. After these meetings, the agenda for undertaking the ESIA activities has been agreed and the project’s initiator (MoE) and responsible authority (MoEn) undertook some disclosure activities according to the legal requirements of the new EIA Law.
All the engagement activities conducted within the ESIA process have been completed and the environment permit obtained.
A summary of the consultations is presented in Table 5.3.2:
Table 5.3.2 Consultations during the ESIA phase
Date and location Stakeholders involved Description 04.02.2015 MoEn; MoE; EIB and EBRD; Presentation of the MEPIU; 05.02.2015 EU Delegation; Embassy of discussion of the timeline for Chisinau Romania; MEPIU; Working the EIA; clarifications about the Group new EIA Law; discussion about public debates; commercial considerations; technical issues; input data; coordination with the Romanian government; responsibilities and budget. 13.02.2015 MoE; MEPIU; Working The MoE, as the project’s Group; MoEn initiator, filed the “Application regarding planned activities” to the responsible authority (the MoEn). 17.02.2015 MoEn; general public; The MoEn disclosed on its affected people website that an Application for the Ungheni-Chisinau gas pipeline had been filed 25.02.2015 MoEn; MoE; general public; The MoEn disclosed on its affected people website and to the MoE the result of the Preliminary Assessment of the planned activities. 04.03.2015 MoEn; MoE; general public; The MoEn disclosed on its affected people; tier-2 website, to the MoE and the governments tier- 2 governments of the area the result of the new Preliminary Assessment of the planned activities (after discussion with the Romanian authorities) 20.03.2015 MoE; general public; The MoE published the draft EIA affected people Program on the MEPIU’s and the MOE’s websites 20.03.2015 MoE; tier -2 governments The MoE disclosed the draft EIA 25.03.2015 Program per letter and e-mail to the 5 potentially affected district councils 25.03.2015 MoE; MoEn The MoE disclosed the draft EIA Program to the MoEn for evaluation and comments 30.03.2015 MoE; tier -2 governments The MoE printed 5 hard copies of the draft EIA Program and distributed them among the 5 district councils. 27.03.2015 and MoEn; national and local Advertisements have been 03.04.2015 newspapers; general public; published in newspapers affected people announcing that the draft EIA Program was available for public Comments
5.3.3 Engagement for land acquisition purposes (after the publication of Law no. 105/2017 In accordance to Law no. 105/2017, MEPIU has undertaken in 2018 a series of measures for the engagement of relevant stakeholders and persons affected by the project. In this context, MEPIU has conducted the following actions:
• The notification in writing of the land owners; • The display of relevant project information at the headquarters of local authorities; • Meetings with representatives of local authorities; • Public consultations; • Individual meetings; • The notification through email of interested parties.
A summary of the activities is described in Table 5.3.3 below:
Action Date and Stakeholders involved Description location Written 25.06.2018 - Land owners All land owners that are notification 09.07.2018 affected by the project have been notified in writing. The notification contained information about the object of expropriation, the term for evacuating the land and general information about the expropriation procedure. Display of 02.07.2018 - General public, affected persons Simultaneously with the relevant 04.07.2018 transmission of the project notifications, the information at information contained the therein and the extracts headquarters from the cadastral plans, of local corresponding to each authorities locality, with information on the pipeline axis and the lands located in the working strip for the construction of the gas pipeline were placed at the headquarters of the localities whose land will be affected by the works construction. Meetings with 2018 Local authorities The process of representatives information and of local consultation was initiated authorities with the mayors of the localities affected by the pipeline construction in order to establish a cooperation relationship in the organization and carrying out of the expropriation procedure and in informing the affected persons about Action Date and Stakeholders involved Description location the subsequent stages of this process and the implementation of the Project in general. Public 23.07.2018 - General public, affected persons, During these meetings, consultations 08.08.2018 local authorities the persons who attended were provided with details, in accessible language, on the legal provisions regarding the expropriation procedure for the construction of the pipeline. Individual 2018 Affected persons, land owners Individual meetings with meetings affected individuals have been undertaken as an additional measure of information and consultation to anticipate some impacts of pipeline construction on people with specific cases, such as landowners with multiannual plantings, or at the request of affected people. Expropriation 2019 Affected persons, land owners All land owners that are proposal affected by the project have been notified in writing about the amount of compensation proposed, based on the evaluation reports.
A breakdown for each Administrative Unit for the public consulations that took place between 23.07.2018 - 08.08.2018, can be observed below. A total of 112 persons attended the consultations, out of which 76 men and 36 women.
Administrative Unit Number of Breakdown by Gender participants Male Female Călăra și 18 16 2 Ungheni 33 17 16 Stră șeni 19 10 9 Chi șinău 20 14 6 Stăuceni 22 19 3
5.3.4 Planned stakeholder engagement for 2019 - 2020 The below table presents the action plan for stakeholder engagement for 2019 - 2020. This was designed based on the project implementation timeframe and the current needs for engagement. The action plan will be updated based on needs or at least once per year. No. ACTION Targeted stakeholder Purpose/Description Estimated timing Responsible
General aspects
1 Disclosure of ESMF package All stakeholders - To provide meaningul October 2019 VMTG - Environmental and Social and timely information Management Framework will related to project be publicly disclosed: development and management - electronically via EBRD and VMTG website
- in hard copy: at VMTG office
A hard copy of Remedial Action Plan for land acquisition will be also made available at Ungheni, Nisporeni, Straseni and Calarasi Regional Councils offices. 2 Updating the project website All stakeholders - provide constant and Minimum once per VMTG with relevant information timely information month regarding project progress about the project - updates about the project: stage, result of public debates etc. 3 Media coverage All stakeholders - press releases/ When key project VMTG conferences milestones are - participation at media achieved or when events the need for it arises - etc. 4 Grievance mechanism All stakeholders - submission of written All of the projects’ VMTG grievances lifespan No. ACTION Targeted stakeholder Purpose/Description Estimated timing Responsible
- calls received for suggestions/complaints - online submission of complaints Land acquisition
1 VMTG shall seek to conclude Ministry of Economy / MEPIU - To develop and agree Q4 2019 VMTG an agreement with MEPIU / and IPOT on a working IPOT on the RAP framework in order to implementation process ensure that RAP is properly implemented 2 Implementation of PAPs - To provide Q4 2019 – Q1 2020 VMTG engagement actions information about the foreseen according to the entitlements related to RAP acquisition of land rigths Tendering process
1 Publication of tender Potential contractors - To provide Q4 2020 VMTG documents information to potential contractors about the conditions for the tendering process 2 Answering to clarifications Potential contractors - To provide Q4 2020 VMTG clarifications regarding the tendering proccess to potential contractors Construction activities No. ACTION Targeted stakeholder Purpose/Description Estimated timing Responsible
1 Sending n otifications Local communities in the - To post Before construction VMTG regarding the Project area announcemets in local starts commencement of the works Local and regional authorities communities reagrding the construction start, the construction schedule and specific construction activities
2 Displaying the notification Local communities in the - Information in case Before construction VMTG regarding the Project area PAPs are unknown or starts commencement of the Local and regional authorities have not been reached execution of the works
3 Ad -hoc consultations Local communities in the - the CLOs will organize During the VMTG Project area consultations along the construction phase Local and regional authorities Right of Way of the project in order to address specific issues that might result from the construction work
6. GRIEVANCE MECHANISM 6.1 What could be considered a grievance s s s s
It is important to keep in mind that submitting a grievance is the first condition and also a necessary tool for VMTG, to know any concerns and to meet them. In this regard, VMTG undertakes full responsibility and impartiality in managing all grievances received, the responses submitted and in conducting an open and trustworthy dialogue with all stakeholders. 6.2 What is the Grievance Mechanism? The grievance mechanism is a very useful and practical mechanism dedicated to receiving, recording, investigating requests, complaints, and questions about the project and submitting answers to them.
The Grievance Mechanism is designed to enable Affected stakeholders or any other Interested Stakeholder to submit their grievances about the Project to VMTG and MEPIU. The Grievance Mechanism, as with the overall SEP, will be in place over the whole life of the Project, namely during planning, construction and operation stages.
A grievance may take the form of specific complaint about impacts, damages or harm caused by the Project. Similarly, a grievance may refer to concerns about access to the stakeholder engagement process or about how comments have been addressed. Grievances can also be related to project activities during construction or operation, or perceived incidents or impacts. 6.3 How to submit a grievance? Due to the fact that the entity responsible for stakeholder engagement differs for different phases of the project, MEPIU for the pre-feasibility and the land acquisition phase, and VMTG for the construction and operation phase, we need to differentiate between two grievance procedures:
• Grievances regarding land acquisition and easement; • Grievances regarding construction and operation.
However, because this differentiation might prove confusing for the general public, the PMU should be able to receive all types of grievances related to the project and transfer them to the responsible entity. The PMU should also monitor the status of the grievance and record the process of the grievance resolution. 6.3.1 Submitting grievances regarding land acquisition and easement MEPIU is responsible for the stakeholder information and the implementation of the the grievance mechanism for land acquisition and easement, in accordance to Law no. 105/2017. In the expropriation letter (see Annex C) PAPs were notified of the possibility to submit grievances regarding land acquisition and easement. All grievances must be submited within 45 days of receiving the letter and must contain a justification and documents to support their claim. The papers will be sent to the Commission established by MEPIU at the address: Chișinău, Alecu Russo street, nr.1, bloc A1. MEPIU has already developed a grievence register that will be shared with VMTG subject to the agreement that willbe developed betweent the two parties. 6.3.2 Submitting grievances regarding construction and operation VMTG is responsible for the stakeholder information and the implementation of the the grievance mechanism for the construction and operation phases of the Project.
A Public Grievance Form (see Annex A) is available for submitting grievances. Such Grievance Forms will be available as hard copies in the AUs crossed by the project as well as the electronic versions on the VMTG’s website (www.vmtg.md). However, other written letters, emails, text messages and phone calls can also be used for submitting grievances, as described below.
Stakeholders will be able to submit a grievance in relation to the Project, at any time and free of charge, by using one or several of the following ways:
• Contacting VMTG’s Community Liaison Manager at +373 22 66 72 91 or by email at [email protected] • Contacting VMTG’s Local Community Liaison Officers (local CLOs). Their contact details will be provided in a later stage, together with the following revision of this SEP. • submitting a written grievance to the Mayoralty, whith the aim to be forwarded to VMTG /local CLOs ; • submitting a verbal grievance in person to the Mayoralty or to the Local CLOs if a stakeholder is not able to or comfortable submitting a grievance in writing;
• sending a grievance via fax or regular mail or email at the contact details below:
- Mail: Address: Blvd. Ștefan cel Mare nr. 180 et.5 bir. 516;
- E-mail: [email protected]
- Fax: +373 222 910 40
• By filling in a Contact form available on VMTG’s website at : https://www.vmtg.md/index.php/contact ;
Grievancees will have the option of submitting anonymous grievances using any of the means described above, however, in order to allow follow up and feedback it is recommended to provide contact details. In justified cases, VMTG will also consider anonymous grievances.
Besides the means described above on ways to lodge grievances, stakeholders will have the possibility to express concerns or make complaints verbally during the public meetings organized for the Project. These public meetings will be scheduled and announced within a reasonable timeframe.
For an efficient treatment of the grievances they should include a set of minimum information related to:
• The reason/description for/of the situation/complaint; • The contact information of the person submitting the grievance; • The date of submission. 6.4 Grievance processing As with the grievance submission process, the grievance processing will also be divided into two different phases:
• Grievance processing regarding land acquisition and easement; • Grievance processing regarding construction and operation. 6.4.1 Grievance processing regarding land acquisition and easement As per the privatization contarct of VMTG, the responsbilities for land acquisition and easment for this project are with Ministry of Economy (via MEPIU). As indicated already, the all the past engagement activities related to this topic have been done by them.
PAPs have the possiblity to submit a grievance related to land acquisition process to MEPIU. The grievance system designed by them is in line with Moldovan legislation and EBRD requirements. A grievance commission consisting of 3 experts designated by MEPIU and 3 locals was established as stated in Law no. 105/2017. The grievance procedure consists of the following steps:
1. Identification of grievance: The grievance is recorded and classified after the PAP submits it to the Commission.
2. The commission reviews the grievance and issues a decision to establish the compensation amount.
3. The decision is communicated to the PAP within 5 days since issuance.
4. If the PAP is not satisfied with the proposition, he can then address a court of law with 2 years since the issuance of the new proposition. 6.4.2 Grievance processing regarding construction and operation The grievance will be analysed by the responsible VMTG personnel and any required corrective actions will be identified.
Figure 7.4 presents the general steps that will be taken when a complaint is received by VMTG:
Grievance received
Grievance recorded and classified by the PMU
Implement corrective actions
Inform the Register how the YES Is the grievance NO appellant about grievance was anonymous? the outcome of his addressed. complaint
Obtain more information
from the appellant to Is the appellant NO establish validity of satisfied with the disagreement and whether response? or not further corrective action is needed. YES
Register how the Implement corrective grievance was actions addressed.
Inform the appellant about the outcome of his complaint YES
Is the appellant satisfied with the response?
NO If not satisfied consider addressing the court of justice
Figure 7.4 Overview of the grievance mechanism The Grievance Procedure comprises the following steps:
1. Identification of grievance: The grievance is recorded and classified in the ‘Grievance Log (see Annex B)’, in a written and electronic manner by the CLM and its CLOs team. The Grievance Log will be held by Project Management Unit;
2. Grievance is formally acknowledged through community meetings or letter as appropriate since registration. In case the appeal cannot be understood, VMTG will request additional data for clarifications;
3. The grievance is analysed and a response will be developed by the relevant departments and forwarded to the CLM.
4. Required actions are implemented to deal with the issue, and completion of these is recorded on the Grievance Register ;
5. The response is to be approved and signed by the CL Manager and by the Project managers, by the case;
6. The grievance response is communicated to the appellant ;
7. In the situation in which the appellant is not satisfied with the proposed response, further investigation can be requested. In this case, VMTG will require further information from the appellant in order to establish the validity of the claim and propose an updated response. In the case in which the second response is still not satisfactory for the repellent, addressing court of justice is the next step.
8. The grievance is closed with a note about the solution in the Grievance Register. (The grievance will be considered solved and the complainant satisfied with the taken measures as long as after informing the complainant about the taken measures, he will not send a new grievance regarding the previous matter.)
The grievances received by contractors will be recorded by contractors in their own Grievance Logs and will be reported monthly to the PMU Communication and Stakeholders Management Department.
During construction, VMTG will perform periodical E&S audits to its contractors and will carefully check the efeciveness of their grievance mechanisms, and where possible, will take take measures to remediate any impediments. 6.5 Grievance records The grievance record will assure the recording of grievances, with an entry number for each grievance, for effective tracking thereof. The grievance records will be done by following the Grievance Log template provided in the Annex B.
7. ROLES AND RESPONSIBILITIES IN SEP IMPLEMENTATION VMTG is the primary entity responsible for the implementation of the SEP.
A dedicated role has been included in the organizational chart of Project Management Unit in order to deal with social aspects and engage with stakeholders: Stakeholder Management and Project Communication. Apart from the CSM expert, at least 2 Community Liaison Officers will be included in the project team in order to offer a direct link with the local community.
Within the Project PMU, the Communication and Stakeholder Management expert has the following responsibilities:
• Update the registry of the stakeholders in the project • Update the Stakeholders matrix according to their interest and their influence on the Project. • Determines the information necessary for each stakeholder; • Updates the Stakeholders Engagement Plan • Prepares, develops, implements and updates the Communication Management Plan related to the project; • Prepares, and monitors the updates for the information related to the project on the company’s web page; • Provides the necessary support for drawing up the notification/reporting forms; • Coordinator of engagement actions • Coordination of community liaison officers, • Monitoring/evaluation • Any other responsibilities as agreed from time to time in their job description.
Due to the fact that MEPIU was the main driver of the stakeholder engagement process for the land easement and acquisition phase of the project, certain engagement activities may require cooperation with them in order to implement these activities. The Remedial Action Plan for land acquisition (RAP) includes details about what engagement activities are still to be done in the context of land acquisition.
As already indicated, the privatization contract of VMTG describes clearly what are the responsibilities of VMTG and Ministry of Economy (via MEPIU). The below figure offers an overview on these responsibilities.
Calculating the Acquiring land for AGIS - own compensation amounts budget Evaluation of properties Payment of compensations for and damages land easment - VMTG budget Identification of Transfer the land to VMTG land owners
Government of Moldova via Vestmoldtransgaz Ministry of Economy Privatization contract VMTG MEPIU
Transfering money to MEPIU for payment for land easment based on Detailed design of the a memorandum that is expected to be singed in December 2018 project
Calculating the land needs
Based on this framework, all VMTG will continue to cooperate with MEPIU in order to implement all the engagement actions foreseen for the finalizing the land acquisition and compensation process.
8. MONITORING, REPORTING AND EVALUATION OF EFFECTIVENESS THE IMPLEMENTATION OF THE SEP 8.1 Monitoring During the monitoring of the SEP implementation the following performance indicators will be considered: the number of received complaints and the percentage of closed complaints during the set timeframe, number of consultations held during the SEP implementation period, number of persons consulted, number and type of information materials prepared and distributed, media coverage indicators. 8.2 Reporting The current SEP is a living document which has to be periodically updated as the Project progresses.
The consultation schedule detailed in Chapter 5.3.4 – Planned Stakeholder Engagement for 2019-2020 is mainly focused on the actions planned to be implemented during 2019 and 2020, which represents the construction stage of the project.
Therefore, this SEP has to be updated as needed to reflect any Project or stakeholders changes, at least once per year, preferably in last quarter of the year. This will allow proper adjustments of the next year’s consultation program, correlated with the planned Project activities. In the process of updating the SEP the past stakeholder engagement activities will be described. 8.3 Evaluation of effectiveness The effectiveness of engagement activities will be evaluated against the goals and objectives set out in the SEP. This evaluation will examine the extent to which activities were implemented in accordance with the Plan and the extent to which they achieved the aims defined here (including the effectiveness of the SEP in obtaining comments and feedback from the stakeholders).
The results and any lessons learned will then be incorporated into further updates of the SEP as the Project evolves and is implemented.
Annex A Grievance Form PUBLIC GRIEVANCE FORM Reference No (for VMTG .internal purpose): Full Name: First name ______Last name ______❏ I wish to raise my grievance anonymously ❏ I request not to disclose my identity without my consent Contact Information ❏ By Post: Please provide mailing address: Please mark how you wish to be contacted (mail, telephone, ______e-mail). ______❏ By Telephone: ______❏ By E-mail ______Preferred Language for ❏ Romanian communication ❏ English ❏ Other, please specify Description of Grievance: ------
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If Grievance is related to a specific event/Incident; Date of Incident ❏ One time incident/grievance (date ______) ❏ Happened more than once (how many times? _____) ❏ On-going (currently experiencing problem)
Signature: ______Date: ______
Please return this form to: Mr. XXXXX (CLManager) , VMTG Phone no.: xxxxxxxx E-mail: xxxxxx&xxxxx
Annex B GRIEVANCE LOG
1 2 3 4 5 6 7 8 9 10 No. Incoming Type and Full name Appeal Solution Measures No. of Person in Grievance letter form of of essence of the taken outgoing charge open or registration grievance individual. grievance letter and closed? No. and date Name of date of of receipt the mailing company for legal entity