GEFSEC Project ID

POPS ENABLING ACTIVITY PROPOSAL FOR GEF FUNDING FOR NATIONAL IMPLEMENTATION PLAN ON PERSISTENT ORGANIC POLLUTANTS IN DEMOCRATIC REPUBLIC OF CONGO

FINANCING PLAN (US$) AGENCY’S PROJECT ID: 3712 GEF PROJECT/COMPONENT GEFSEC PROJECT ID: COUNTRY: Democratic Republic of Congo Project COUNTRY ELIGIBILITY: Congo DR acceded the Sub-Total GEF 499,800 Stockholm Convention on 23 March 2005 Co-Financing PROJECT TITLE: Congo DR - POPs Enabling GEF Agency Activity: Preparation of the POPs National National Contribution (in-kind) Implementation Plan under the Stockholm Convention 73,800 GEF AGENCY: UNDP OTHER EXECUTING AGENCY(IES): Others DURATION: 24 months Sub-Total Co-financing 73.800 GEF FOCAL AREA: POPs Total Project Financing 573,600 GEF OPERATIONAL PROGRAM: 14 GEF STRATEGIC PRIORITY: POP 1 ESTIMATED STARTING DATE: April 2006 IA FEE: 44,982

RECORD OF ENDORSEMENT ON BEHALF OF THE GOVERNMENT: (Enter Name, Position, Ministry) Date: (Month, day, year) Mr. Kasulu Seya MAKONGA February 3, 2006 Directeur de Developpement Durable Ministère de l' Environnement,Conservation de la Nature,Eaux et Forets

This proposal has been prepared in accordance with GEF policies and procedures and meets the standards of the GEF Project Review Criteria for POPs Enabling Activity approval.

Project Contact Person

Mr. Frank Pinto UNDP-GEF Executive Coordinator Dr. Suely Carvalho Principal Technical Advisor-Chemicals Date: March 30, 2006 Tel. and email: [email protected] 1 SUMMARY OF PROJECT OBJECTIVES, ACTIVITIES, AND EXPECTED OUTCOMES 1. Project objectives:

The objective of the project is to strengthen the capacity and build ownership in Congo DR to meet its obligations under the Stockholm Convention, including preparation of a POPs National Implementation Plan. The National Implementation Plan will describe how Congo DR will meet its obligations under the Convention to phase-out POPs sources and manage POPs contaminated sites. The project will enable Congo DR to ratify the Stockholm Convention and become a Party to the same.

2. Project activities:

The Enabling Activity Project will be divided into 4 main tasks with the corresponding activities presented below.

Task 1. General project coordination, legal assessment, awareness raising, and POPs management capacity assessment

- Establishment of an Enabling Activity Project Co-ordination Mechanisms, i.e. a Project Steering Committee and POPs Focal Point - Assessment of the capacity building needs in support for project implementation. - Organization of the project induction workshop - Review of the national legislation concerning all aspects of POPs management in Congo DR including enforcement and recommendations on required changes. - Planning and implementation of awareness raising campaigns on POPs and other chemical safety and management issues. - Assessment of the national infrastructure and institutional capacity for POPs management, including scientific capacity and chemical analytical infrastructure. - Assessment of monitoring and R&D capacity.

Task 2. Compilation of Initial Inventories and capacity assessment

- Training and capacity building of task teams and institutions/organizations conducting the collection of POPs data. - Collection and compilation of initial inventories of POPs stockpiles, articles in use containing POPs as well as POPs containing waste and sites contaminated with POPs chemicals. The inventories will include data on production, distribution, releases, use, and import and export of POPs where applicable. The inventories will include an assessment of possible illegal use of POPs. - Sampling of chemicals, oils and soil for determination of POPs levels. - Preliminary inventory of POPs releases to the environment - Assessment of opportunities for disposal of obsolete stocks and contaminated articles.

Task 3. POPs Priority setting, evaluation of Management Options and drafting of National Implementation Plan.

- Development of criteria for prioritisation, taking into account health, environmental and socio-economic impact and the availability of alternative solutions. - Determination of national objectives in relation to priority POPs issues - Organization of national priority validation workshop. - Training on POPs management options.

1 - Identification of management options, including phasing-out and risk reduction options. - Assessment of the costs and benefits as well as other socio-economic consequences of management options. - Assessment of the need for introduction of technologies, including technology transfer and possibilities of developing indigenous alternatives. - Drafting of National Implementation Plan - Expert review of the draft National Implementation Plan. - Preparation of cost estimates and initial funding requests for implementation, including incremental costs - Development of individual projects for POPs management. - Conduct preliminary discussions on funding possibilities

Task 4. Finalization of National Implementation Plan (NIP) - Conduct of POPs National Implementation Plan Workshop. - Obtain endorsement of National Implementation Plan. - Publication and wide dissemination of the National Implementation Plan. Submission of National Implementation Plan to the Stockholm Convention Secretariat.

3. Project Duration: 24 months 4. Project expected outcomes:

1. Enabling Activity project coordination mechanisms established. 2. Necessary capacity built to support successful project implementation. 3. Wide groups of stake-holders informed about POPs human and environmental effects. 4. Broad assessment of national POPs infrastructure and institutional capacity. 5. Baseline inventory database on the POPs situation in the country compiled. 6. Agreed country objectives and priorities for POPs and POPs elimination and reduction. 7. Draft National Implementation Plan for meeting country obligations under the Convention. 8. Final National Implementation Plan integrating views from government and other stakeholders.

INFORMATION ON INSTITUTION SUBMITTING PROJECT BRIEF 7. Information on the organization in the country submitting the proposal: Ministry of Environment, Nature Conservation, Waters and Forests (Ministère de l' Environnement,Conservation de la Nature,Eaux et Forets) has the responsibility for managing environmental issues. Administrative and technical responsibilities are held by the General Secretariat for Environment and Nature Conservation, which coordinates ten specialised departments.

Among these departments, the Human Settlements and Nature Conservation Department (HSNCD) is charged with pollution prevention and chemicals control. This department is mandated to set norms and standards when it comes to pollution into various environmental media. The department is further responsible for space planning and ensuring that sanitation standards are adhered to. Environmental impact assessment of human activities are also included in the tasks of the Human Settlements are Nature Conservation Department.

8. Information on the proposed executing organization (if different from above. The grant has to be executed by an organization in the requesting country): 9. Date the proposal was submitted to a GEF Implementing/Executing Agency: 10. Date the proposal was submitted to the GEF Secretariat: 11. Date the proposal was approved: 12. Date of first Disbursement

2 PROJECT DESCRIPTION

Project objectives

The objective of the project is to strengthen the capacity and build ownership in Congo DR to meet its obligations under the Stockholm Convention, including preparation of a POPs National Implementation Plan. The National Implementation Plan will describe how Congo DR will meet its obligations under the Convention to phase-out POPs sources and manage POPs contaminated sites. The project will enable Congo DR to ratify the Stockholm Convention and become a Party to the same.

Country background:

The Democratic Republic of Congo (DRC) is a land-locked country with a few km-long coastline along the Atlantic Ocean. It extends over a total area of about 2,350,000 square km. In Africa, only Sudan and Algeria have a larger territory than DRC.

The Congo Basin and its tributaries make up most of the country. The Congo River runs across the largest depression of Central Africa; most of this area is covered by tropical forests which are still relatively unexplored. With its long navigable waterways, the Congo River plays an essential role in terms of passenger and merchandise traffic.

DRC is one of the most populated countries in Africa with an estimated population of 52,100,000 inhabitants in 1999 growing at a rate of about 3%. Worsening socio-economic conditions, political instability and civil war have contributed to increased migration from the rural areas towards the cities. Today the capital, Kinshasa, has more than 10 % of the total population.

Most of the 1990’s, the country has been under a crisis that has worsened its economic, social and political situation. Therefore Congo’s economic and social development indicators are among the lowest on the continent. The economy is confined to informal activities which account for about 80% of gross domestic production. Yet, despite the apparent dynamism of the informal sector, it relies mainly on subsistence activities and further economic progress is hindered by poor infrastructure, weak demand, power and input shortages, inflation and a poorly functioning credit market.

After a decade of armed conflict and political turmoil, DRC is now returning to peace. Despite of some encouraging signs, the economic recovery has not yet gained momentum. The challenge in the regard is enormous. The DRC has become one of the poorest nation in the world. The current GDP per capita is one third of the level it was in 1960.

With its natural resources DRC has a huge potential to turn the page from previous instability to prosperity. The country has significant mining, agricultural, forestry and energy resources. During the political turmoil the range of exported products has significantly narrowed to only a few mineral products, oil, coffee and tropical wood. Further the volumes of these traditional export products have fallen dramatically as a result of lower production.

Institutional and Legal background

The institutional capacity and its development have unfortunately not been given a high priority during the time of independence. The decade-long conflict has caused a further decline of all public institutions. Many ministries, like most other public institutions in the DRC, lost their capacity for action on the ground and for national coordination. Today there is an enormous challenge to develop the capacity of public institutions to match the requirements and expectations in a peace-time DRC.

3 The federal ministries and many major public institutions have an established presence in the provinces. The governance structure is envisaging that the overall coordination as well as legal and policy preparatory work is done at the parent ministry level and the actual on-the ground activities are coordinated at regional level. There are 11 provinces in the country. These are: Bas-Congo, Bandundu, Equator, Kasai-east, Kasai-west, Katanga, nord-Kivu, south-Kivu, Maniema The Eastern Province and the city of Kinshasa, which is administratively a separate province.

In the field of environment, the highest policymaking forum is the Inter-Ministerial Environment Committee, chaired by the Minister of Environment. This Committee discusses and adopts cross-sectoral environmental policies and finalizes legislative initiatives before submission to the Parliament.

At the institutional level, the Ministry of Environment, Nature Conservation, Waters and Forests has the responsibility for managing environmental issues. Administrative and technical responsibilities are held by the General Secretariat for Environment and Nature Conservation, which coordinates 9 specialised departments.

These departments are : Administrative Department (AD) Research and Planning Department (RPD) Programming, Training and International Relations Department (PTIRD) Human Settlements and Nature Conservation Department (HSNCD) Forestry Management Department (FMD) Water Resource Department (WRD) Sustainable Development Department (SDD) Permanent Secretariat of the Inter-Ministerial Environment Committee (PSIEC): Control and Inspection Department (CID)

In addition to these administrative and policy making departments, a further 8 technical departments are institutionally integrated into the Ministry of Environment, Nature Conservation, Waters and Forests.

For Persistent Organic Pollutants, the most relevant department is the Human Settlements and Nature Conservation Department (HSNCD). This department is charged with pollution prevention and chemicals control and is mandated to set norms and standards when it comes to pollution into various environmental media. The department is further responsible for space planning and ensuring that sanitation standards are adhered to. Environmental impact assessment of human activities are also included in the tasks of the Human Settlements are Nature Conservation Department.

The legal situation in the area of environmental protection is not supporting further environmental policy development. The framework law on environment has been discussed for some years but the law has still not passed the Parliament. The current draft law consists of 14 chapters. Of POPs relevance are chapter 3 which is explicitly devoted for regulating potentially toxic substances, while chapter 5 regulates atmospheric, water and soils emissions.

In absence of an overall legal framework no further legislative work in the area of chemicals’ control can be carried out. Hence for example PCBs are not banned in the legislation. There is, however, a regulation banning the use of ozone depleting substances as defined in the Montreal Protocol. This legislative vehicle could possibly be used for other chemical substances, such as POPs chemicals.

The Ministry of Agriculture is responsible for pesticide and other agro-chemical use. There exists, however, no phytosanitary law to regulate or authorize the use of particular pesticide. There has been some discussions on setting up an inter-ministerial committee on pesticides and their authorization. The only piece of legislation in the area of pesticide control is the Order of Ministers of Agriculture and Finance 005/No.155/2004 sets taxes and fees for imported agricultural products and pesticides. This piece of legislation is used as a control of the types of pesticides that are officially imported.

4 Without phytosanitary law there is obviously no list of permitted or banned pesticides as a basis for import permits. However, the Ministry of Agriculture has adopted a policy to permit imports of all pesticidal products which do not contain substances listed in the Rotterdam Convention on Prior Informed Consent (PIC). The PIC list contains all intentionally produced POPs chemicals, therefore the approach taken would in principle keep POPs chemicals away from the market. In practice the import permits are given by the Central Bank without the required consultation with the Ministry of Agriculture, making this safeguard against POPs pesticides less effective.

In general, and also in the field of environment, policy interventions rely on a combination of education, awareness, incentives and legal requirements. Therefore it has been extremely difficult to develop a coherent environmental policy in absence of a legal structure to which this policy is linked to. Despite of this a National Environmental Action Plan was elaborated in 1997 and updated in 2001.

The NEAP makes a situational analysis based on the scarce data available and lists strategic priority actions. There are several components in this action plan that are relevant for supporting control of POPs and the Stockholm Convention. The NEAP calls for institutional strengthening and development or rather adoption of laws for the protection of the environment. It further calls for the creation of a Environmental Protection Agency and a National Fund for Environment. The first is to coordinate the implementation of the NEAP and the latter for providing financial resources for this.

Further items of the NEAP with particular POPs interest are the creation of centralised database for compilation and storage of environmental data as well as the plan to create a national and provincial water quality control infrastructure.

The NEAP further elaborates a number of direct actions to be undertaken in the short term. Of potential POPs interest are the actions related to air emissions from wood and coal furnaces as well as the upgrading of the hospital waste incinerators in the 10 General hospitals throughout the country.

Also other sectoral action plans and programmes have been developed and adopted in the late 1990’s. For example the National Agricultural and Rural Sector Recovery Programme (NARSRP) of 1998 and the National Strategy and Biodiversity Action Plan in 1999. Though these policy manifestations have implicit relevance to chemicals use and pollution control, but they do not explicitly discuss particular chemicals.

Despite of the rather slow progress on the domestic legal work, Congo DR has activiely participated in international environmental work and has become a Party to several chemicals related international agreements. The main conventions and dates of accession are given in the table below.

Convention Signature or Ratification

Bamako Convention on the Ban of the Import into Ratified 15th September 1994 Africa and the Control of Tranboundary Movement and Management of Hazardous Waste within Africa Basel Convention on Transboundary Movements of Ratified 15th September 1994 Hazardous Waste and their Disposal Vienna Convention on the Protection of the Ozone Ratified on 15th September 1994 Layer and its Montreal Protocol Convention on Biological Diversity Ratified on 15th September, 1994 United Nations Framework Convention on Climate Ratified on 8th December, 1994 Change Rotterdam Convention on the Prior Informed Consent Ratified on 23rd March 2005 Procedure for certain Hazardous Chemicals and

5 Pesticides in International Trade

Status of POPs in Congo DR

Pesticides:

There is very scarce data of pesticide use in DR Congo. Old statistics from early 1980’s indicate that some 2600 tons of pesticides were imported between 1980-1983. Newer data is not readily available. In general the use of agricultural chemicals are not well under the supervision of the public institutions due to the lack of financial resources to carry out education and inspections.

The use of POPs chemicals, mainly DDT was discontinued in 1970’s. Despite of this there may be DDT in the market due to the porous border control as well as the large unofficial distribution of pesticides, often sold in small repacked quantities at the road side. Areas with cotton growing may still be using unofficially imported DDT as insecticide.

The last major use of pesticide believed to have been DDT was in the early 1970’s when the huge Congo river dam at Inga was constructed. This construction work was preceded with 3 years of heavy spraying from boats against mosquitoes and flies carrying river-blindness. Few records of this activity is still available. However, as DDT was the substance mainly used, heavily contaminated areas could still exist in the vicinity of the dam.

The Ministry of Health has several national programmes for vector control carrying tropical diseases such as malaria, bilharzias and river-blindness. All of these programmes have in their inception also used POPs chemicals. This practice has however, been discontinued already since 25 years. Today all national programmes relay upon synthetic pyrethroids for their vector control. Delthametrin and impregnation of bednets with alpha-cypermethrin are used in anti-malaria programme. The river-blindness and bilharzia programmes rely upon permethrine. The first batches of permethrine has already been procured and are awaiting application in the near future.

None of the above-mentioned public health programmes is believed to have any significant stockpiles of old or obsolete pesticides. The situation is less clear with the SENAFIC provincial storage sites.

SENAFIC (Service National de Fertilisants et des Intrants Connexes) is a technical service under the Ministry of Agriculture, which is charged with distribution of agro-chemicals, both fertilizers and pesticides. They have further a mandate to promote the safe and correct use of these substances as well as their storage and management. The SENAFIC headquarters in Kinshasa has updated lists about the currently held pesticides. However, there are no records of the stores or stockpiles that may exist in the provincial branches.

There are some known obsolete stockpiles in the country. Amicongo, a private company active in the field of agro-chemicals’ import, has an obsolete stockpile of 360 tons of an organo-phosphate insecticide, Sumithion. Also FAO has published quantities and locations of stockpiles in the country. These stockpiles total in some 220 tons mainly organophosphates and carbamates. These stockpiles do not contain POPs and their existence nor the details of the study the database is based upon can not be verified by the FAO Kinshasa. Interestingly many of these stockpiles are reported at Senafic storage sites.

State run organizations are not the sole importers or distributors of pesticides in Congo DR. Private enterprises import pesticides for commercial distribution. Also larger agricultural entities such as sugar estates etc. import directly their pesticides. There is not, at this stage, any knowledge about possible POPs use nor stores of such chemicals.

6 PCBs:

Though not formally banned in the legislation, the issue of PCBs have been given some attention by the National Electricity Company, SNEL. SNEL is the only entity producing, transmitting and distributing of electricity in Congo DR. All industrial sized transformers are the propriety of SNEL. Some of these may be located at private sector companies. SNEL is also the major possessor of capacitors in the power distribution network. Further capacitors may be in ownership of individual companies.

SNEL has, as a member of various international industry associations, received information about the risks of PCBs and has taken some preliminary steps to gain a further understanding for planning action in this field. As a first step experts from SNEL has taken part in a training course organized by CIDA in Zambia. During this training SNEL officials has received information on the risks of PCBs, how to identify PCB containing equipment as well as the management system put in place in Zambia. This training has firstly sensitized the whole SNEL organization to the topic and given further ideas on how to carry out an investigation into the situation in their distribution network.

Simultanously with this activity, a first investigation into the PCB situation has been done as a part of the SADC, Southern African Development Community, efforts in inventorying the existence of PCBs and PCB containing equipment in a number of African countries.

The SADC PCB project made an investigation into the SNEL non-industrial distribution network in Kinshasa and the near-lying cities of Bandundu and Kasangulu, which are administratively under the SNEL structure in the capital. There are some 2000 transformers in this distribution system. Out of these, 754 were inspected, with 363 transformers containing PCB or suspected PCB containing.

Further out of 796 capacitors, 436 were containing PCBs. It should be noted that the investigation did not sample any transformers for verifying the existence or concentration of PCBs. Due to lack of chemical analysis, all transformers not identifiable were considered PCB contaminated in this investigation. Taken that these represented 220 out of the 363 potentially PCB containing transformers, the accuracy level in the overall findings of this investigation can not be considered very high. The investigation sets the total amount of PCBs in transformers and capacitors in clearly identified PCB equipment at some 16 tons and with a total weight including the casings at 44 tons. The volume of potentially PCB contaminated transformers are approximately 820 tons.

The above investigation covered some 15-20 % of the power distribution network in Congo DR. Though the data is very preliminary and requires much further work, it may be initially assumed that the quantity of PCB containing equipment will be in excess of 1,000 tons for the whole country. Taken that the maintenance of transformers have not taken PCB issues into account it may well be that much of the transformer network is contaminated by PCBs.

End-of-life transformers are simply stored at different substations, in absence of appropriate disposal possibilities. A large number, 188 pieces, of these where found at Makala sub-station. There are no appropriate waste oil disposal or storage facilities in the country.

It can be expected that recovery and recycling of PCB containing oils are widely occurring, as very few institutions are aware of the risks of handling PCB oils. This has lead to draining and black market for used transformer oils. There are unfortunate reports of transformer oils being used in cooking and baking. If true, this practice will increase the human exposure to PCBs dramatically.

Unintended by-product POPs:

7 Unintentional POPs emissions has not been studied in Congo DR. The major emissions are believed to originate from the uncontrolled combustion processes as many people rely upon biomass fuels for cooking purposes.

An other major emission source will most certainly be uncontrolled waste burning. There exist no systematized waste collection in any part of the country. Certain cities have rudimentary waste collection, but the final disposal is burning at some site within the city which do not have any houses or other developments. Most households simply burn their trash in the backyards in barrels or simple stoves.

Medical waste management is also believed to be one of the big sources of unintentional POPs emissions in the country. In this regard, a process of better management of hospital and medical waste has commenced, prompted by the NEAP as well as the concern of contagious diseases. As a first step an incinerator will be constructed in Kinshasa. A feasibility study has already been done with the assistance of World Bank.

Also the mining sector may be a high source of dioxins and furans. The activities in this industry sector are in the first hand extractive, ie. mining. However, much of the ore from the major export metals copper, cobolt, coltan, gold tin and zinc is processed to the stage of raw metal before exporting. Though the production output has decreased drastically, the unintentional POPs emissions may be significant depending on the processes used.

Contaminated sites, POPs monitoring and laboratory capacity :

No particular attention or investigations has been done for studying the soil or site contamination by POPs chemicals. Indeed few little activities have taken place to study site pollution. It can be expected that POPs contamination can be found around existing/former pesticide storage places as well as industrial sites were PCB equipment have been serviced for decades. In this regard, the Makala substation and the SNEL workshop at Kinshasa would serve as interesting sites for preliminary sampling and analysis.

There is no systematic monitoring of environmental quality, neither in waters, soils or air. The government plans are concentrating on establishing a water monitoring capacity with significant input from regional laboratories. The parameters to be measured as first priority are physico-chemical parameters and pollution by heavy metals. Considerable efforts are still required before such a capacity can be established.

A part of this reason is the lack of functioning laboratories in the country. Some government departments have rudimentary laboratory facilities. The University of Kinshasa is able to perform quality analysis in some specific fields but lacks the overall capacity on environmental samples. The only fairly well equipped and organized laboratory is run by Office Congolais de Controle. This government organization is charged with the task of controlling the quality of mainly food items and cosmetic products, medicines etc. on the market or entering the market through imports. OCC has recently purchased gas- chromatographic equipment, with appropriate staff training, and could hence be capable of analysing POPs in various samples by beginning of 2006.

8 Implementation Arrangements:

The Enabling Activity Project for Implementation of the Stockholm Convention on Persistent Organic Pollutants will be overseen by a Project Steering Committee (PSC) with the following composition: Chairperson: Secretary-General of the Ministry of Environment, Nature Conservation, Waters and Forests

Members:

Ministry of Agriculture Ministry of Industry Ministry of Health Ministry of Finance Ministry of Energy Ministry of Mining SENAFIC SNEL University of Kinshasa Environmental associations United Nations Development Programme National Project Director, serving as Member Secretary to the Project Steering Committee

The Project Steering Committee will be designated and constituted at the initiation of the project. The PSC will meet quarterly to review the progress of the Enabling Activity project. The PSC will endorse the workplan and provide guidance and assistance in the resolution of any difficulties experienced during implementation. The PSC can draw expertise from other ministries/ departments/ organizations when required. The members of the PSC will act as focal points for their respective organizations and are required to identify and make available their experts for specific tasks as required for an efficient implementation of the POPs Enabling Activity project. The PSC will further facilitate the resource mobilization for the implementation of the National Implementation Plan.

Institutional Arrangements for Implementation of the POPs Enabling Activity project

The Ministry of Environment, Nature Conservation, Waters and Forests, will have the lead for executing the POPs Enabling Activity project in Congo DR. The Ministry has broad responsibilities for controlling environmental emissions for protecting the environment from adverse effects of POPs in Congo DR. The Ministry is also providing the Focal Point for the Stockholm and Basel Conventions. The Ministry of Environment, Nature Conservation, Waters and Forests has previously implemented the Enabling Activity projects in the focal area of Climate Change. The project management and coordination will be housed at Ministry of Environment, Nature Conservation, Waters and Forests. This coordination entity will also organize the information gathering exercise for compiling initial inventories on POPs chemicals for Congo DR. The actual field work will be done by the provincial representatives of the ministry and the regional official of SENAFIC. It is foreseen that the officials form the Ministry of Environment will work in close cooperation with SNEL officials at the regional level for the PCB inventories and independently gather the information on sources of unintentional POPs emissions in their region. The SENAFIC officials will gather data on obsolete pesticide POPs and site contamination.

9 These investigation teams will be trained for their duties and be supported by the project technical experts for fulfilling their tasks. Samples of unknown pesticide samples and potentially PCB containing transformer oils will be collected during the POPs inventory phase. It is foreseen that the oil samples will be screened with PCB detection kits and further quantified through gas-chromatography. The unknown pesticide samples will be sent as sampled taking into consideration the total volume of the unknown materiak and the available budget. The actual analysis work will be done at a foreign laboratory. In order to raise the capacity in the country to analyse POPs samples, the same oil samples will also be submitted to the laboratories of Office Congolais de Control, who will be compensated for accrued expenses from laboratory chemicals and expendables. Once the POPs raw data has been compiled, the findings are presented to a broad gathering of stake holders. These stakeholders are requested to assess the data and to identify the priorities for the country. Based on these the project experts will development of a draft National Implementation Plan for POPs. Individual responsibilities for the activities are given in Annex I.

10 Implementation Arrangements:

Project Steering Committee

Task 1. General Project Co- ordination, Legal analysis, Awareness raising. Ministry of Environment, Nature, Forest and Wildlife conservation

Task 2. POPs Inventories.

PCBs and unintentional POPs emissions: Min of Environment (in collaboration with SNEL) Pesticides: Ministry of Agriculture, SENAFIC

Task 3. POPs Priority Setting, Management Options and Draft National Implementation Plan

Ministry of Environment

Task 4. Finalization and Endorsement of National Implementation Plan

11 Implementation Schedule

Activity/ Task number Month 2 4 6 8 10 12 14 16 18 20 22 24 1. General Project coordination Project oversight/ 1.1 Project management/ 1.2 Legal analysis/1.3&1.6. Awareness raising/1.4&1.8 Int. Co-ordination Cons./ 1.5 Inception Workshop/1.12

2. Compilation of Inventories and Capacity assessment Task 2.1 POPs Inventory support Sub-task Management/2.1.1 Inventory training / 1.5 Review of POPS management, scientific, monitoring and analytical capacities/ 1.5 Computer Programming/2.1.5 Analysis subcontracts 2.1.7 Review of all Inventories/ 1.5 Task 2.X Province-wise POPs inventory Sub-task management/2.x.1 Field data collection and compilation/2.x.1;2.x.2.& 2.x.3 2 4 6 8 10 12 14 16 18 20 22 24

12 Activity/ Task number Month 2 4 6 8 10 12 14 16 18 20 22 24 3. POPs Management Options, Priority setting and National Implementation Plan (NIP) Task oversight/3.1 Task management/3.2 Priority Setting/3.3 Priority Setting Workshop/3.4 Assessment of POPs Stockpiles and waste management options/ 3.5 Assessment of unintentional POPs by- products and contaminated sites management options/3.6 Assessment of socio- economic consequences of management options/3.7 Drafting and consultations on NIP/3.8 Costing of NIP/3.9 Review of management options, socio-economic assessment, NIP and its costing/3.3 4. Finalization and Endorsement of National Implementation Plan National Implementation Plan Workshop/ 4.1&4.2 Reproduction and dissemination of NIP/ 4.3. 2 4 6 8 10 12 14 16 18 20 22 24

Legend Intermittent/part-time activity Full-time activity

Enabling Activity Project Budget in US$ or eqvivalent

13 Task 1. General project coordination, legal assessment and awareness raising Task nr Task Unit Number Total GEF Government Cost of units Funding Funding in kind 1.1. National Project Director 2500 12 30000 30000 1.2. Project Manager 2200 24 52800 52800 1.3. Legal Expert 1800 5 9000 9000 1.4. Awareness Specialist 1600 8 12800 12800 1.5. Co-ordination International Consultant 11000 2 22000 22000 1.6. Environmental law expert 11000 1 11000 11000 (international) 1.7. Administrative assistant 1000 24 24000 24000 1.8. Awareness Material & Subcontracts 8000 2 16000 16000 1.9. Office Equipment 5000 1 5000 5000 1.10. Office Space 1000 18 18000 18000 1.11. Communication 12000 12000 1.13. Travel + Subsistence 20000 20000 1.14. Inception Workshop 50 100 5000 5000 1.15. Office supplies 4000 4000 Sub-total for Task 1. 24160 193600 48000 0

Task 2. Compilation of Initial Inventories and capacity assessment Task nr Task Cost Nr units Total GEF Government 2.1. POPs Inventory Federal Capital and Inventory Support 2.1.1. Sub-task co-ordination consultant 1700 9 15300 15300 2.1.2. Pesticide and contaminated sites 1700 8 13600 13600 coordinator 2.1.3. Inventory compilation training 50 100 5000 5000 Workshops 2.1.4. Travel + Subsistence 10000 10000 2.1.5. Computer Programming Subcontracts 8000 1 8000 8000 2.1.6. Sampling and Analysis expendables 12000 12000 2.1.7. Analysis subcontracts 12000 12000 2.1.8. Office equipment+ supplies 3000 1 3000 3000 Sub-total for Task 2.1 78900 78900 0

2.x. POPs Inventory per region 2.x.1. Sub-task co-ordination officer PCBs 400 6 2400 2400 and emissions 2.x.2. Pesticide inventory officer 400 6 2400 2400 2.x.3. Technical Officer (SNEL) 500 3 1500 1500 2.x.4. Travel + Subsistence 4000 1 4000 4000 2.x.5. Safety and office equipment+ supplies 2500 1 2500 2500 Sub-total for Task 2.2. 12800 11300 1500

Multiplied by 10 regions 12800 113000 15000 0

Sub-total for Task 2 20690 191900 15000 0

14 Task 3. POPs Management Options, Priority setting and National Implementation Plan Task nr Task Cost Nr units Total GEF Government 3.1. Task leader 1800 6 10800 10800 3.2. Task Co-ordinator 1700 12 20400 20400 3.3. International Priority Setting and 11000 2 22000 22000 Mana- gement Option consultants(incl. NIP review) 3.4. Priority Setting workshop 100 70 7000 7000 3.5. Waste & Stockpiles Management 1700 5 8500 8500 Options 3.6. Unintentional by-products and 1700 5 8500 8500 contaminated sites Management Options consultant 3.7. Socio-economic consequences 1700 4 6800 6800 consultant 3.8. Drafting of National Implementation 1700 4 6800 6800 Plan 3.9. Preparation of costing and funding 1700 4 6800 6800 request consultant for NIP implementation 3.10. Travel + Subsistence 12000 12000 Sub-total for Task 3 10960 98800 10800 0 Task 4. Endorsement of National Implementation Plan (NIP) Task nr Task Cost Nr units Total GEF Government 4.1. NIP workshop 50 150 7500 7500 4.2. Translation, reproduction and 4000 4000 dissemination of NIP 4.3. Travel + Subsistence 4000 4000 Sub-total for Task 4 15500 15500 Total GEF Government Total budget for POPs Enabling Activity Project 573600 499800 73800

15 Annex 1. Duties and responsibilities under POPs Enabling Activity project implementation

Task 1. General project coordination, legal assessment and awareness raising

Task 1.1.National Project Director.

The overall responsibility of the implementation of the POPs Enabling Activity project lies with the National Project Director (NPD). This post will be given as Government cost sharing among the officials of the Ministry of Environment.

The NPD will have financial authority within the tasks and subtasks as per UNDP guidelines in force in Congo DR. NPD will serve as member-secretary to the Project Steering Committee and provide administrative support to the PSC. The NPD is the main focal point between the project and the Government of DRC institutions involved in the project. Any contractual arrangement between the project and these organizations or private/non-governmental organizations contributing to the project implementation will be the responsibility of the NPD. The NPD will further be responsible for the recruitment of the Project Manager and other personnel as per UNDP rules in force.

Task 1.2. Project Manager

A Project Co-ordinator will be recruited for the entire implementation period of the Enabling Activity project. The Project Co-ordinator is responsible for the timely implementation of the workplan as endorsed by the PSC. The Project Co-ordinator will be responsible for general and financial administration, progress reporting, monitoring and the quality control of input from consultants and subcontractors providing assistance to the project.

Task 1.3 Legal Expert

The Legal Expert will assess all relevant legal provisions in force in Congo DR pertaining to chemical safety, import/export, waste and releases. The Legal Expert will make an analysis of the provisions in force against the requirements of the Stockholm Convention (as well as other national priorities in the chemical and waste areas) and submit a report on the legal modifications needed for compliance. The consultant shall also prepare draft legal texts for incorporating the changes to the national legislation.

The task shall also include the review of the obligations under the Rotterdam, Basel and Bamako conventions for highlighting the further requirements stemming from these obligations.

Task 1.4. Awareness Specialist

The Awareness Specialist will assess the available information on chemical safety, especially health and environmental risk information, in particular concerning POPs. Based on the assessment, the Awareness Specialist will design suitable information material and plan their dissemination (through appropriate media) targeted to key stakeholders such as decision-makers, main users, educational institutions and the general public.

Later during project implementation, the Awareness Specialist will contribute to the drafting of the National Implementation Plan by developing a national strategy for information exchange, education, communication and awareness raising, taking into account risk perception of POPs by the general public.

Task 1.5 International Co-ordination Consultant

16 The International Co-ordination Consultant will provide MoE expert assistance on all aspects of the implementation of the POPs Enabling Activity project. The main responsibility is to provide advice to the Government, the NPD and the Project Manager on POPs and chemical safety issues.

The International Co-ordination Consultant will make a capacity building need assessment for the project implementation. The consultant will further make an assessment of the chemical hazard and risk assessment schemes in Congo DR, make a need assessment, and assist in implementing the changes.

The international Co-ordination Consultant will further impart training to the staff of Ministry of Environment, Agriculture (SENAFIC) and SNEL on proper compilation procedures for the national POPs inventory.

The International Co-ordination Consultant will be assisting in selection and quality control of the national and international consultancy input including drafting of Terms of Reference and review of reports.

Task 1.6. International expert on environmental law.

The international expert on environmental law shall review the draft framework law on environment, particularly the chapters dealing with chemical substances and pollution taking into consideration the international legal obligations. The international experts shall make an analysis on the framework law’s appropriateness in general and specifically on the above mentioned chapters and provide input for their amelioration.

The international expert shall further lead the work of the national legal expert recruited and ensure quality output under this task.

Task 1.8. Awareness subcontracts

Based on the analysis and plans made by the Awareness specialist, the information on chemicals safety will be disseminated. This will be done through media companies, non-governmental or government entities. Best effort should be made to integrate the information campaign into ongoing activities of the organizations/institutions.

Task 2. POPs use, release, stockpile, waste and contaminated site inventory

Task 2.1.1. Inventory co-ordination consultant

A inventory co-ordination consultant will be recruited for the day-to day management of the POPs survey (stockpiles, wastes, emissions and contaminated sites), including compilation of raw data into databases. The co-ordination consultant is responsible for timely execution, coordination and support to the regional inventory teams as well as monitoring and reporting of the activities of the task.

The inventory co-ordination consultant shall put a special emphasis should be put on identifying PCB containing electrical equipment in industrial enterprises and power generation and distribution sectors. Further, the compilation of the source based un-intentional by-product POP inventory will be the responsibility of the inventory co-ordination consultant.

2.1.2. POPs Pesticide and contaminated site inventory consultant

The POPs Pesticide and contaminated site inventory consultant will be responsible for compiling the national pesticide and contaminated site inventory. The tasks include coordination of the data

17 compilation effort in the provinces as well as managing the sample taking of unidentified pesticides and soil samples at sites suspected to be contaminated by POPs chemicals

Task 2.1.5 Computer programming subcontracts

The POPs inventories will be compiled in an electronic form. Subcontracts for creating a suitable and compatible user-friendly databases will be given to private sector companies.

2.1.6. Sampling and analysis expendables

This budget heading will cover procurement of sampling equipment, jars etc. for collecting the oil, soil and pesticide samples from the provinces. Further, PCB test kits will be procured from this budget heading either for distribution to the provincial inventory teams or for performing screening of transformer and switch gear oils suspected to be contaminated by PCBs centrally by the inventory coordination consultant. It is also foreseen that labels indicating the existence of PCBs or suspicion of PCB contamination will be procured and distributed for attaching these to the inspected equipment.

Other expenditure from this budget heading shall be used against laboratory grade chemicals, standards etc. that may be needed for providing strengthening of the national laboratory capacity. In this regard, it is foreseen that the Office Congolais de Control will perform duplicate analysis of the samples sent for quantitative analysis in a foreign laboratory under heading 2.1.7. for ensuring that the equipment calibration and sample preparation are adequate.

2.1.7. Analysis subcontracts

Samples of unindentified pesticide samples and oil samples indicating presence of PCB after quick tests will be sent to a foreign reputable laboratory for specificatory/quantifying analysis. The samples may also include soil samples collected at potentially contaminated sites. The budget under this heading will be used against contracting and shipment of the selected samples

2.2. The provincial inventory teams

2.2.1. Sub-task coordination officer PCBs and unintentional POPs emissions

The Ministry of Environment shall select an officer in each province (expect Kinshasa, which will be covered by 2.1.1. and 2.1.2) to lead the POPs inventory compilation exercise at provincial level. This person will be trained for conducting these duties and are then expected to compile information of PCB containing equipment in collaboration with SNEL officials and dioxin sources and activity levels independently in his/her province.

2.2.2. POPs pesticide and soil contamination inventory consultant

A selected SENAFIC official shall be responsible for the POPs pesticide inventory at the provincial level. The official shall be trained for conducting these duties and is then expected to independently compile information on POPs (and other obsolete) pesticide stockpiles in his/her region. This work shall include sample taking of unidentifiable pesticides as well as soils samples at potentially contaminated sites.

2.2.3. Technical officer (SNEL)

SNEL as the largest potential holders of PCB equipment in the country will be closely integrated to the PCB inventory compilation process. It will be expected that regional SNEL officials will be closely working with the official charged with task 2.2.1. and will foresee that data of and access to equipment under investigation is made available and that samples from suspected PCB containing equipment can be

18 collected. SNEL is expected to make the staff time of these regional contact points as a cost contribution to the project.

Task 3. Priority setting, POPs Management Options and National Implementation Plan (NIP)

Task 3.1. Task leader

The Ministry of Environment will provide a sub-task leader from its staff. S/he will be responsible for the timely implementation of the sub-task. The task leader will be responsible for proper co-ordination within the Government establishment for consultation, among the various regulatory entities, on the priority setting criteria and preference for the management options, as well as during the formulation of the NIP. He will further consult relevant government and aid agencies on possible funding for implementing the NIP.

Task 3.2 Task Co-ordinator

A Task Manager will be recruited for the day-to day management of Task 3. The Task Manager will organize the Priority Setting workshop and the National Implementation Plan endorsement Workshop.

S/he will conduct, in consultation with the Task leader, preliminary discussions on funding possibilities for the NIP once data from the assessment from task 3.9. becomes available. The co-ordination consultant is responsible of monitoring and reporting of the activities of the sub-task. S/He will further develop project proposals in the area of POPs in co-ordination with the consultant under sub-task 3.9.

Task 3.2. International Priority Setting and Management Options consultant

The international consultant will provide training on international approaches to chemical management priority setting to MoE and other interested organisations as well as consultants assigned under Task 3. The consultant will prepare draft Priority Setting criteria for POPs in Congo DR and present these at the Priority Setting Workshop.

The consultant will also impart training on POPs chemical management options including socio- economic considerations and cost-benefit analysis to MoE and other interested organisations as well as consultants assigned under Task 3.The consultant will work in close consultation with national consultants under task 3 in order to give technical advice and ensure quality output under these subtasks.

The consultant shall further make a thorough assessment for the need for introduction of technologies, including technology transfer and possibilities of developing indigenous alternatives.

Task 3.5. POPs stockpiles and wastes management options consultant

The consultant will take the POPs inventory as starting point for the development of management options for the POP stockpiles and wastes including contaminated articles. The consultant will review of experiences internationally and locally on the different management options on the POPs stockpiles and wastes identified in Congo DR and make recommendations on the most suitable options from a technical point of view. Several management options should be developed for each category with national, regional and inter-regional solutions. A special emphasis will be put on the most prominent problems as identified in the inventory and agreed as priorities.

Task 3.6. POPs unintentional by-products and contaminated sites management options consultant

The consultant will take the POPs inventory as starting point for the development of management options for the POP unintentional by-products and contaminated sites. The consultant will review of experiences internationally and locally on the different management options on the POPs stockpiles and contaminated

19 sites identified in Congo DR and make recommendations on the most suitable options from a technical point of view. Several management options should be developed for each category, with a special emphasis on the most prominent problems as identified in the inventory and agreed as priorities.

Task 3.7. Socio-economic consequences consultant

The consultant will take the management options reports from tasks 3.5. and 3.6 and make an assessment including costs and benefits for the technically most recommended management options. The assessment shall include high and low cost options as well as the societal costs for no action. Further issues pertaining to cultural acceptability of the management options shall also be assessed under this task.goe

Task 3.8. Draft National Implementation Plan

Based on the extent of the POPs problem and the different management options with their respective costs and benefits, a draft National Implementation Plan for the implementation of the Stockholm Convention on Persistent Organic Pollutants will be developed. The NIP shall provide all information as required by the Stockholm Convention and guidelines issued on this. In this process, due consideration shall be given to proper and timely consultation on the preferred options/timelines by concerned parties.

Task 3.9 Costing and funding request for implementation of the NIP

As sections of the National Implementation Plan become available, the consultant under this task will prepare a costing report of the NIP. S/he will make an assessment of possible sources for funding both locally and internationally. The consultant shall assist the Task leader and Task Co-ordinator in discussions with various sources on possible funding for the implementation of NIP.

It is expected that at this time of Enabling Activity project implementation several project ideas have emerged. The consultant under this task is expected to develop further these ideas to tangible project proposals to be submitted for funding.

Task 4. Finalization and Endorsement of the National Implementation Plan

Task 4.1 National Implementation Plan Workshop

A two-day workshop discussing and agreeing on a National Implementation Plan for POPs in Congo DR will be held.

20 Annex II: Total Budget and Workplan

Congo DR - POPs Enabling Activity: Preparation of the POPs National Implementation Plan under the Stockholm Convention

Amount Amount Amount GEF Outcome/Atlas Responsible Source 2006 2007 2008 Total Activity Party of Funds ERP/ATLAS Budget Description (USD) (USD) (USD) (USD) Ministry of GEF OUTCOME 1: Environment Enabling Activity Nature 71300 Local Consultants (Project Manager) 13,200 26,400 13,200 52,800 71300 Local Consultants (Admin Assistant) 6,000 12,000 6,000 24,000 project coordination Conservation, 72100 Service contract (Inception workshop) 5,000 5,000 mechanisms Waters and 72200 Equipment and Furniture 5,000 5,000 established. Forests 74500 Miscellaneous (Office supplies) 2,000 1,000 1,000 4,000 72400 Communication and Audio visual 3,000 6,000 3,000 12,000 102,800 OUTCOME 2: Ministry of GEF Necessary capacity Environment built to support International Consultants Nature 71200 (Coordination and inventory training ) 11,000 11,000 22,000 successful project Conservation, implementation and International Consultants Waters and 71200 (Legal expert ) 11,000 11,000 assessment of Forests. national POPs 71300 Local Consultants (legal expert) 3,600 5,400 9,000 infrastructure and 72100 Service contract (Inventory workshop) 5,000 5,000 institutional capacity. 71600 Travel 12,000 8,000 20,000 67,000 OUTCOME 3: Ministry of GEF Wide groups of Environment stake-holders Nature informed about POPs Conservation, human and Waters and environmental Forests. 71300 Local Consultants (Awareness raising) 12,800 12,800 effects. Service contract (awareness material 72100 and dissemination) 16,000 16,000

1 28,800

2 GEF Amount Amount Amount Outcome/Atlas Responsible Source of 2006 2007 2008 Total Activity Party Funds ERP/ATLAS Budget Description (USD) (USD) (USD) (USD)

OUTCOME 4: GEF Local Consultants Baseline Ministry of 71300 (Inventory Coordinator) 15,300 15,300 inventory Environment Local Consultants 71300 (Pesticide Coordinator) 13,600 13,600 database on the Nature POPs situation in Conservation, the country Waters and Local Consultants Forests. compiled. (Regional PCB and POPs emissions 71300 inventory x 10) 24,000 24,000 Local Consultants (Regional POPs pesticide inventory x 71300 10) 24,000 24,000 Service contract (Computer 72100 programming) 8,000 8,000

72100 Service contract (POPs Analysis) 12,000 12,000

72200 Office Equipment and Furniture 17,000 17,000 Miscellaneous (Safety Equipment and 74500 sampling and office expendables) 23,000 23,000

71600 Travel 50,000 50,000 186,900

3 GEF Amount Amount Amount Outcome/Atlas Responsible Source of 2006 2007 2008 Total Activity Party Funds ERP/ATLAS Budget Description (USD) (USD) (USD) (USD) OUTCOME 6: Agreed country Ministry of GEF objectives and Environment priorities for Nature POPs and POPs Conservation, 71300 Local Consultants (Task Coordinator) 5,100 15,300 20,400 elimination and Waters and Local Consultants (Management Option reduction.and Forests. 71300 and NIP drafting) 9,400 28,000 37,4 00 International Consultants drafting of the (Priority Setting and management National 71200 option training ) 11,000 11,000 22,000 Implementation Service contract (Priority Setting Plan 72100 workshop) 7,000 7,000 71600 Travel 12,000 12,000 98,800 OUTCOME 7: Ministry of GEF Service contract (NIP translation and Final National Environment 72100 reproduction) 4,000 4,000 Nature Service contract (Priority Setting Implementation 72100 workshop) 7,500 7,500 Plan integrating Conservation, views from Waters and government and Forests. other stakeholders 71600 Travel 4,000 4,000 15,500 Total 499,800