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Environmental and Social Management Framework for Serbia

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Republic of Serbia Ministry of Agriculture, Forestry and Water Management Nemanjina 22-26, 11000 Belgrade SAVA AND DRINA RIVER CORRIDORS INTEGRATED DEVELOPMENT PROGRAM (SDIP) ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK FOR SERBIA DRAFT DOCUMENT B E L G R A D E, November 2019 SAVA AND DRINA RIVER CORRIDORS INTEGRATED DEVELOPMENT PROGRAM - SDIP Environmental and Social Management Framework for Serbia - ESMF Table of contents EXECUTIVE SUMMARY 7 1. INTRODUCTION 12 1.1. Context 12 1.2. Objectives of the Environmental and Social Management Framework 12 2. PROJECT DESCRIPTION 14 2.1. Program and Project Development Objective 14 2.2. Project Components 14 2.3. Project Beneficiaries 15 2.4. Contractors and Implementing Partners 16 2.5. Exclusions 16 3. ENVIRONMENTAL AND SOCIAL BASELINE 17 3.1. Baseline country and environmental information 17 3.2. Baseline information for Sava River basin 17 3.2.1. Relief and topography 17 3.2.2. Soils 18 3.2.3. Climate conditions 18 3.2.4. Sava River and its main tributaries in Serbia 18 3.2.5. Ramsar sites in Sava River Basin in Serbia 18 3.3. Nature protected areas within the Sava River basin 18 3.3.1. Obedska bara (S1) 18 3.3.2. Zasavica (S2) 19 3.3.3. Other nature protected areas within the Sava River Basin 20 3.4. Baseline information for Drina River basin 22 3.4.1. Geographic characterization 22 3.4.2. Climate and hydrology 22 3.4.3. Biodiversity 22 3.4.4. Natural resources 23 3.4.5. Demography 23 3.4.6. Cultural heritage and monuments 23 3.5. Nature protected areas within the Drina River basin 24 3.5.1. National Park Tara 25 3.6. Environmental and Social Baseline on national / state level 26 3.6.1. Water 26 3.6.2. Main environmental pressures in Sava River Basin and Drina River Basin in Serbia 26 3.6.2.1. Organic pollution 26 3.6.2.2. Nutrient pollution 27 3.6.2.3. Hazardous substances pollution 27 3.6.2.4. Hydromorphological alterations 27 3.6.2.5. Future Infrastructure projects 27 3.6.2.6. Invasive species 27 3.6.3. Climate change and Floods 28 3.6.4. Waste 29 3.6.5. Biodiversity, flora, fauna 29 3.6.6. Social baseline and background 30 4. POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORK 33 4.1. Foreword 33 4.2. Reaching environmental standards in Serbia 33 4.3. Relevant Government Policies, Acts, Rules, Strategies and Guidelines 33 4.3.1. The Constitution of Serbia 33 4.3.2. The Law on Public property 33 4.3.3. The Law on foundations of property law relations 33 4.3.4. The National Strategy for Sustainable Development 34 4.3.5. Law on Water 34 2 SAVA AND DRINA RIVER CORRIDORS INTEGRATED DEVELOPMENT PROGRAM - SDIP Environmental and Social Management Framework for Serbia - ESMF 4.3.6. Law on Environmental Protection 34 4.3.7. Law on Environmental Impact Assessment 34 4.3.8. The Law on Waste Management 34 4.3.9. The Law on Protection against Environmental Noise 35 4.3.10. The Law on Occupational Health and Safety 35 4.3.11. Regulation on Labor, Working Conditions and Gender equality 35 4.3.12. Planning and construction law 35 4.3.13. Building legalization law 35 4.3.14. The Law on Extra-Judicial Proceedings 36 4.3.15. The Law on Administrative procedures 36 4.3.16. The Law on State Survey and Cadastre 36 4.3.17. The Law on Expropriation 36 4.3.18. National Legal Framework guiding labor and Working Conditions 36 4.4. Relevant Institutions 37 4.4.1. The Ministry of Environmental Protection (MEP) 37 4.4.2. The Environmental Protection Agency – SEPA 38 4.4.3. The Ministry of Agriculture, Forestry and Water Management (MAFWM) 38 4.4.4. The MAFWM - Republic Water Directorate (WD), 38 4.4.5. Serbia Waters 38 4.4.6. The MAFWM - Forestry Directorate 38 4.4.7. Republic Hydro-Meteorological Service 39 4.4.8. Republic Geodetic Authority 39 4.4.9. Ministry of Health 39 4.4.10. The network of the institutes of public health 39 4.4.11. The Ministry of Health - Sanitary Inspection 39 4.4.12. Ministry of Finance - Customs Administration 40 4.4.13. The Institute for Nature Conservation in Serbia 40 4.4.14. Relevant Institutions on Provincial level 40 4.5. EIA procedure in the Republic of Serbia 40 5. RELEVANT WB ENVIRONMENTAL AND SOCIAL STANDARDS 42 5.1. Environmental and Social Management Framework 42 5.2. Risk Classification 42 5.3. Project Consisting of Multiple Smaller Subprojects 42 5.4. Overview of relevance Environmental and Social Standards for SDIP Project 43 5.4.1. ESS1 Assessment and Management of Environmental and Social Risks and Impacts43 5.4.2. ESS2 Labor and Working Conditions 44 5.4.3. ESS3 Resource Efficiency and Pollution Prevention and Management 44 5.4.4. ESS4 Community Health and Safety 44 5.4.5. ESS5 Land Acquisition, Restrictions on Land Use and Involuntary Resettlement 44 5.4.7 ESS7 Indigenous Peoples/Sub-Saharan African Historically Underserved Traditional Local Communities 45 5.4.8 ESS8 Cultural Heritage 45 5.4.9 ESS9 Financial Intermediaries 45 5.4.10 ESS10 Stakeholder Engagement and Information Disclosure 45 5.5 Other Criteria and Guidelines 45 5.1 Comparison between ESF objectives and national requirements 46 6 LABOR MANAGEMENT PROCEDURES 50 6.4 Overview of labor use on the project 50 6.5 Grievance Mechanism for Workers 50 6.6 Third party’s management 51 6.7 Community workers 52 6.8 Primary supply workers 52 7 POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS AND RISKS 53 7.1 Environmental and Social Impacts during Project implementation 53 7.1.1 Land acquisition, Restriction on land use and involuntary resettlement 54 3 SAVA AND DRINA RIVER CORRIDORS INTEGRATED DEVELOPMENT PROGRAM - SDIP Environmental and Social Management Framework for Serbia - ESMF 7.1.2 The primary labor risk is the risk of informal work. 54 7.1.3 Pollution of soil and agricultural land 54 7.1.4 Water pollution 54 7.1.5 Waste 55 7.1.6 Air 55 7.1.7 Noise levels 55 7.1.8 Flora and fauna 55 7.1.9 Impacts on habitats and biodiversity 55 7.1.10 Impacts on settlements and population 55 7.1.11 Impacts on cultural and historic heritage 55 7.1.12 Impacts on climate 55 7.2 Potential Negative Impacts and Recommended Mitigation Measures 55 8 ENVIRONMENTAL AND SOCIAL RISK MANAGEMENT 57 8.1 Risk classification according to the WB ESMF 57 8.2 World Bank Environmental and Social risk management 57 8.2.1 ESS 1 - Assessment and Management of Environmental and Social Risks and Impacts57 8.2.2 ESS 2 – Labor and Working Conditions 58 8.2.3 ESS 3 – Recourse and Efficiency, Pollution Prevention and Management 58 8.2.4 ESS 4 – Community Health and Safety (CHS) 59 8.2.5 ESS 5 – Land Acquisition, Restrictions on Land Use, and Involuntary Resettlement 59 8.2.6 ESS 6 – Biodiversity Conservation and Sustainable Management of Living Natural Resources. 60 8.2.7 ESS7 Indigenous Peoples/Sub-Saharan African Historically Underserved Traditional Local Communities 60 8.2.8 ESS 8 – Cultural Heritage 60 8.2.9 ESS9 Financial Intermediaries 61 8.2.10 ESS 10 – Stakeholder Engagement and Information Disclosure 61 8.2.11 OP 7.50 – Projects on international waterways 61 8.3 Projects Consisting of Multiple Smaller Subprojects 62 8.4 Environmental and Social Screening and Project Approval 62 8.7.1 Environmental and Social Screening Process (Step-by-Step} 62 8.7.2 Environmental and Social Screening Checklists 63 8.8 Mitigation measures and environmental monitoring activities 66 8.8.1 Standardized Environmental and Social Management Plans (ESMP) 66 8.8.2 Disclosure and Public Consultations on ESMP document 67 8.8.3 Generic ESMP 67 8.8.4 Integration of the ESMPs into project documents 67 8.8.5 Monitoring and Reporting 67 9 ESMF IMPLEMENTATION ARRANGEMENTS 75 9.7 ESMF Process Flow at the Project Level 75 9.8 Results Monitoring and Evaluation Arrangements 76 9.9 Sustainability 76 9.10 Contractor’s Responsibility regarding environmental protection 76 9.11 Hiring Requirements - PIU’s Environmental & Social Safeguard Consultant 77 9.12 Project Supervision Consultants 77 10 PROJECT GRIEVANCE MANAGEMENT 79 10.7 Raising grievances 79 10.8 Grievances administration 79 10.9 Grievance and beneficiary feedback reporting 80 10.9.1 Grievance Log 80 10.9.2 Grievance admission channels 80 10.9.3 Monitoring and Reporting on Grievances 81 10.10 World Bank Grievance Redress System 81 11 STAKEHOLDER ENGAGEMENT 81 12 STAKEHOLDER CONSULTATIONS 82 4 SAVA AND DRINA RIVER CORRIDORS INTEGRATED DEVELOPMENT PROGRAM - SDIP Environmental and Social Management Framework for Serbia - ESMF REFERENCES: 82 Annexes: ANNEX 01: PHASE I (PROJECT) ACTIVITIES LIST FOR SERBIA 83 ANNEX 02: DETAILED MPA PROGRAM FRAMRWORK FOR THE SDIP PROGRAM 84 ANNEX 03: EXCLUSION LIST OF PROJECT / ACTIVITIES 86 ANNEX 04: ESQ - ENVIRONMENTAL SCREENING QUESTIONNAIRE - TEMPLATE 87 ANNEX 05 LIST I – PROJECTS REQUIRING A MANDATORY ENVIRONMENTAL IMPACT ASSESSMENT 90 ANNEX 06 LIST II – PROJECTS FOR WHICH AN IMPACT ASSESSMENT MAY BE REQUIRED 93 ANNEX 07: RELEVANT NATIONAL LEGISLATION AS OF OCTOBER 2019 100 ANNEX 08 FORMAT FOR REPORT ON COMPLIANCE WITH CONDITIONS OF WORK WITH ESS2 102 ANNEX 09 STATEMENT OF LEGAL AND REGULATORY COMPLIANCE 104 ANNEX 10 SAMPLE MITIGATION PLAN AND MONITORING PLAN FOR ESMP 105 ANNEX 10A MITIGATION PLAN 105 ANNEX 10B MONITORING PLAN 105 ANNEX 11: SAMPLE FILLED OUT ESMP – MITIGATION PLAN 106 ANNEX 12: SAMPLE FILLED OUT ESMP – MONITORING PLAN 118 ANNEX 14: Sample ES Questionnaire to be used for regular reporting to PIU and WB 127 ANNEX 15: REPORT ON PUBLIC DISCLOSURE AND PUBLIC CONSULTATION ON ESMF 132 ANNEX 16: COMPLIANCE REPORT 133 5 SAVA AND DRINA RIVER CORRIDORS INTEGRATED DEVELOPMENT PROGRAM - SDIP Environmental and Social Management Framework for Serbia - ESMF Abbreviations a.s.l.
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