ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) Strengthening Foundations for Improved Justice Service Delivery ROMANIA MINISTRY OF JUSTICE Strengthening Foundations for Improved Justice Service Delivery ENVIRONMENTAL and SOCIAL COMMITMENT PLAN (ESCP) May 11, 2023 1|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) Strengthening Foundations for Improved Justice Service Delivery ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN 1. Romania (the Borrower) will implement the Strengthening Foundations for Improved Justice Service Delivery (P178599), with the involvement of the Ministry of Justice through the Department for Implementation of Externally Financed Projects (DIEFP), as set out in the Loan Agreement. The International Bank for Reconstruction and Development (the Bank) has agreed to provide financing for the Project, as set out in the referred agreement. 2. The Borrower, through MoJ, shall ensure that the Project is carried out in accordance with the Environmental and Social Standards (ESSs) and this Environmental and Social Commitment Plan (ESCP) in a manner acceptable to the Bank. The ESCP is part of the Loan Agreement. Unless otherwise defined in this ESCP, capitalized terms used in this ESCP have the meanings ascribed to them in the referred agreement. 3. Without limitation to the foregoing, this ESCP sets out material measures and actions that the Borrower shall carry out or cause to be carried out, including, as applicable, the timeframes of the actions and measures, institutional, staffing, training, monitoring, and reporting arrangements, and grievance management. The ESCP also sets out the environmental and social (E&S) instruments that shall be adopted and implemented under the Project, all of which shall be subject to prior consultation and disclosure, consistent with the ESS, and in form and substance, and in a manner acceptable to the Bank. Once adopted, said E&S instruments may be revised from time to time with prior written agreement by the Bank. 4. As agreed by the Bank and the Borrower, this ESCP will be revised from time to time if necessary, during Project implementation, to reflect adaptive management of Project changes and unforeseen circumstances or in response to Project performance. In such circumstances, the Borrower, through the MoJ in coordination with the Ministry of Finance, and the Bank agree to update the ESCP to reflect these changes through an exchange of letters signed between the Bank and the Borrower, through MoJ. The Borrower, through MoJ, shall promptly disclose the updated ESCP. 2|Page THE WORLD BANK - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) Strengthening Foundations for Improved Justice Service Delivery MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBILE ENTITY/AUTHORITY MONITORING AND REPORTING A REGULAR REPORTING Prepare and submit to the Bank regular monitoring reports on the Submit quarterly reports to the Bank DIEFP within the MOJ (PIU) environmental, social, health and safety (ESHS) performance of the throughout Project implementation period, Project, including but not limited to the implementation of the ESCP, starting from the Effective Date. Submit status of preparation and implementation of E&S instruments required each report to the Bank no later than 30 under the ESCP, stakeholder engagement activities, and functioning of days after the end of each period. grievance mechanism. E&S reporting within the Project Progress Report shall be in form and substance acceptable to the Bank. Ensure frequency and content of monitoring reports are detailed in the Project Operations Manual (POM) and implemented accordingly. B INCIDENTS AND ACCIDENTS PIU Promptly notify the Bank of any incident or accident related to the Notify the Bank no later than 48 hours after Project which has, or is likely to have, a significant adverse effect on the learning of the incident or accident. Report environment, the affected communities, the public or workers, on the incident or accident. including, inter alia, cases of sexual exploitation and abuse (SEA), sexual harassment (SH), and accidents that result in death, serious or multiple injury. Provide sufficient detail regarding the scope, severity, and possible causes of the incident or accident, indicating immediate measures taken or that are planned to be taken to address it, and any information provided by any contractor and supervising entity, as appropriate. Subsequently, prepare a report on the incident or accident with a Provide subsequent report to the Bank detailed Root Cause Analysis (RCA) and propose any measures to within 30 business days of the incident or address it and prevent its recurrence. accident Detailed incident report and accidents reporting requirements shall be By POM adoption incorporated into the Project Operation Manual (POM). 3|Page THE WORLD BANK - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) Strengthening Foundations for Improved Justice Service Delivery MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBILE ENTITY/AUTHORITY C CONTRACTORS MONTHLY REPORTS Require supervision consultants to provide monthly monitoring reports Submit upon request, the monthly reports PIU on ESHS performance in accordance with the metrics specified in the to the Bank throughout Project respective bidding documents and contracts and submit such reports to implementation the Bank. The reports shall include, inter alia, monitoring of implementation of ESMP or ESMP checklists and the Labor Management Procedures (LMP). ESS 1: ASSESSMENT AND MANAGEMENT OF ENVIRONMENTAL AND SOCIAL RISKS AND IMPACTS 1.1 ORGANIZATIONAL STRUCTURE Strengthen and maintain the PIU with qualified staff and resources to Maintain a PIU as set out in the Loan MOJ support management of environment and social risks and impacts of Agreement. Hire or appoint a full-time the Project, including one full-time environment specialist, one full-time environmental and a full-time social social specialist and a communications/community engagement specialist as well as a full-time specialist. communications/community engagement specialist within 6 months following the Effective Date, and thereafter maintain these positions throughout Project implementation. An Occupational Health and Safety Specialist shall be hired as needed. 1.2 ENVIRONMENTAL AND SOCIAL INSTRUMENTS Disclose, publicly consult, finalize, and thereafter implement, the Within 30 days following the Effective Date, PIU Environmental and Social Management Framework (ESMF), which sets and thereafter implement throughout out policies and procedures to address the environmental and social Project implementation. risks and impacts of the Project in accordance with ESS1 and other relevant ESSs in a manner acceptable to the Bank. The ESMF may be updated during Project implementation with the Bank’s prior written approval. 4|Page THE WORLD BANK - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) Strengthening Foundations for Improved Justice Service Delivery MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBILE ENTITY/AUTHORITY 1.3 SUBPROJECTS Screen any proposed subproject in accordance with the ESMF prepared The ESMP (including the update of the PIU, including ensuring that contractors for the Project, and, thereafter, draft, adopt, and implement a ESMPs for the Corabia and Calafat courts, and supervision consultants, where subproject Environmental and Social Management Plan (ESMP), as as applicable, if these two courts are relevant, implement the relevant ESMP or required under the ESMF, in a manner acceptable to the Bank. The included under the Project) shall be ESMP Checklist. complexity of such documents shall be in direct correlation with the site prepared disclosed, consulted upon, specifics, contract amount and capacity requirements, as specified in finalized and adopted in a manner the ESMF. acceptable to the Bank prior to launching the bidding process for the respective subproject or Project activity that requires the adoption of such ESMP. Once adopted, implement the respective ESMP throughout Project implementation. The ESMP, shall be integrated into bidding and contracting documentation and further implemented throughout Project duration. 1.4 MANAGEMENT OF CONTRACTORS Incorporate the relevant aspects of the ESCP, including the relevant E&S As part of the preparation of procurement PIU instruments, the Labor Management Procedures and code of conduct, documents, and respective contracts. into the ESHS specifications of the procurement documents and contracts with contractors and supervision consultants. Thereafter Incorporate into contracts prior to ensure that the contractors and supervision consultants comply and signature of contracts. cause subcontractors to comply with the ESHS specifications of their respective contracts. Supervise contractors throughout Project implementation. 5|Page THE WORLD BANK - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) Strengthening Foundations for Improved Justice Service Delivery MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBILE ENTITY/AUTHORITY 1.5 TECHNICAL ASSISTANCE Throughout Project implementation PIU Ensure that consultancies, studies (including feasibility studies, if applicable), capacity building, training, and any other technical assistance activities under the Project, are carried out in accordance with terms of reference acceptable to the Bank and are consistent with the ESSs. Thereafter ensure that the outputs of such activities comply with the terms of reference. 1.6 CONTINGENT EMERGENCY RESPONSE FINANCING a) Ensure that the CERC Manual includes a description of the ESHS a) The adoption of the CERC Manual in MOJ, provided CERC is triggered by the assessment and management arrangements for the implementation of form and substance acceptable to the Bank Borrower CERC Part, in accordance with the ESSs. is a withdrawal condition under Section IV.B.1(b)(ii) of Schedule 2 of the Loan Agreement. b) Adopt any environmental and social (E&S) instruments which may be b) Adopt any required E&S instrument and required for activities under the CERC Part of the Project, in accordance include it as part of the respective bidding with the CERC Manual and the ESSs, and thereafter implement the process, if applicable, and in any case, measures and actions required under said E&S instruments, within the before the carrying out of the relevant timeframes specified in said E&S instruments. Project activities for which the E&S instrument is required. Implement the E&S instruments in accordance with their terms, throughout Project implementation. ESS 2: LABOR AND WORKING CONDITIONS 6|Page THE WORLD BANK - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) Strengthening Foundations for Improved Justice Service Delivery 2.1 LABOR MANAGEMENT PROCEDURES Disclose, publicly consult, finalize and thereafter implement, the draft No later than 30 days after the Effective PIU, including ensuring that contractors Labor Management Procedures (LMP), including inter alia, provisions on Date and thereafter implement the LMP and supervision consultants implement working conditions, management of workers relationships, occupational throughout Project implementation. the LMPs health and safety (including personal protective equipment and emergency preparedness and response measures), code of conduct (including relating to SEA and SH), forced labor, child labor, grievance arrangements for Project workers, and applicable requirements for contractors, sub-contractors and supervision consultants. 2.2 GRIEVANCE MECHANISM FOR PROJECT WORKERS Establish, maintain, and operate a grievance mechanism for Project Establish prior to engaging Project workers PIU, including ensuring that contractors workers, as described in the LMP and consistent with ESS2. and thereafter maintain and operate it and supervision consultants comply. throughout Project implementation. 2.3 OCCUPATIONAL HEALTH AND SAFETY (OHS) MEASURES Adopt, and implement occupational, health and safety (OHS) measures OHS measures shall be prepared and PIU, including ensuring that contractors specified in the ESMF. adopted before the commencement of and supervision consultants comply works at any of the sites and shall be implemented throughout Project implementation. ESS 3: RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT 3.1 E-WASTE MANAGEMENT PROCEDURE Prepare, adopt, and implement a Procedure to manage hazardous Prepare and adopt the procedure no later PIU wastes, consistent with ESS3, in accordance with ESMF and included in than 30 days after the Effective Date and ESMP if relevant for that component or location. thereafter implement as part of the ESMP (where is the case) throughout Project implementation. 7|Page THE WORLD BANK - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) Strengthening Foundations for Improved Justice Service Delivery 3.2 RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT Incorporate resource efficiency, evaluate the costs for appliance of Same timeframe as under Section 1.3 PIU including ensuring that designers, NZEB standard at the level of feasibility studies for civil works and above. contractors, and supervision consultants pollution prevention and management measures in the ESMPs to be comply prepared under Section 1.3 above. The requirements will be also included in the bidding documents. ESS 4: COMMUNITY HEALTH AND SAFETY 4.1 TRAFFIC AND ROAD SAFETY Incorporate measures to manage traffic and road safety risks as Same timeframe as under Section 1.3 PIU including ensuring that designers, required in the ESMPs or ESMP Checklists to be prepared under Section above. contractors, and supervision consultants 1.3 above. comply 4.2 COMMUNITY HEALTH AND SAFETY Assess and manage specific risks and impacts to the community arising Same timeframe as under Section 1.3 PIU, including ensuring that designers, from Project activities and include mitigation measures in the ESMPs or above. contractors, and supervision consultants ESMP Checklists to be prepared in accordance with the ESMF, in a comply manner acceptable to the Bank. ESS 8: CULTURAL HERITAGE 8.1 Prepare a Cultural Heritage Management Plan (CHMP) for relevant sub- Prepare the CHMP prior to the PIU projects which are classified as cultural heritage in compliance with commencement of works for sub-projects ESS8 and national legislation. A Chance Find Procedure shall be included classified as cultural heritage, and in the ESMF. thereafter implement throughout Project implementation. ESS 10: STAKEHOLDER ENGAGEMENT AND INFORMATION DISCLOSURE 8|Page THE WORLD BANK - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) Strengthening Foundations for Improved Justice Service Delivery 10.1 STAKEHOLDER ENGAGEMENT PLAN PREPARATION AND IMPLEMENTATION Implement the Stakeholder Engagement Plan (SEP) for the Project, Implement the SEP throughout the duration PIU consistent with ESS10, which includes measures to, inter alia, provide of the Project. stakeholders with timely, relevant, understandable and accessible information, and consult with them in a culturally appropriate manner, The SEP can be updated during Project free of manipulation, interference, coercion, discrimination and implementation with the prior written intimidation. approval of the Bank. 10.2 PROJECT GRIEVANCE MECHANISM Establish, publicize, maintain and operate an accessible grievance Establish and make publicly available the PIU mechanism to receive and facilitate resolution of concerns and grievance mechanism no later than 30 days grievances in relation to the Project, promptly and effectively, in a following the Effective Date, and thereafter transparent manner that is culturally appropriate and readily accessible maintain and operate the mechanism to all Project-affected parties, at no cost and without retribution, throughout Project implementation. including concerns and grievances filed anonymously, in a manner consistent with ESS10. The grievance mechanism shall be equipped to receive, register, and facilitate the resolution of SEAH/SH complaints, including the referral of survivors to relevant gender-based violence providers, all in a safe, confidential, and survivor-centered manner. CAPACITY SUPPORT (TRAINING) CS 1 Organize training for PIU staff and relevant MOJ personnel on: Throughout Project Implementation PIU - ESMF - SEP - ESMP, ESMP Checklist preparation, disclosure and oversight - LMP oversight - World Bank ESF - SEA/SH related training And other topics as relevant. CS 2 Contractor’s training on ESF requirements, as needed Throughout Project Implementation PIU 9|Page