Ukraine/Ministry of Finance/ Ministry for Communities, Territories and Infrastructure Development REPAIRING ESSENTIAL LOGISTICS INFRASTRUCTURE AND NETWORK CONNECTIVITY (RELINC) PROJECT (P180318) Draft ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) December 27, 2022 1|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN 1. Ukraine (the Recipient) will implement the Repairing Essential Logistics Infrastructure and Network Connectivity (RELINC) Project (P180318) (the Project) with the involvement of the Ministry for Communities, Territories and Infrastructure Development of Ukraine (MOCTIDU), the Ukraine State Roads Agency (UAD), and the Ukraine State Railway Agency (UZ) as set out in the Grant Agreement. The International Bank for Reconstruction and Development (hereinafter the World Bank) has agreed to provide financing for the Project, as set out in the referred agreement. 2. The Recipient 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 World Bank. The ESCP is a part of the Grant 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 World Bank. Once adopted, said E&S instruments may be revised from time to time with prior written agreement by the World Bank. 4. As agreed by the World 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 Recipient through Ministry for Communities, Territories and Infrastructure Development of Ukraine and the World Bank agree to update the ESCP to reflect these changes through an exchange of letters signed between the World Bank and the Ministry for Communities, Territories and Infrastructure Development of Ukraine. The Recipient shall promptly disclose the updated ESCP. 2|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) REPAIRING ESSENTIAL LOGISTICS INFRASTRUCTURE AND NETWORK CONNECTIVITY (RELINC) PROJECT (P180318) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY MONITORING AND REPORTING A REGULAR REPORTING Submit quarterly reports to the World MOCTIDU/UAD/UZ Prepare and submit to the World Bank regular monitoring reports on the environmental, Bank throughout Project with technical support from social, health and safety (ESHS) performance of the Project, including but not limited to implementation, commencing after the UNOPS (TBD) the implementation of the ESCP, status of preparation and implementation of E&S Effective Date. Submit each report to instruments required under the ESCP, stakeholder engagement activities, and the World Bank not later than 15 days functioning of the grievance mechanism(s). after the end of each reporting period. B INCIDENTS AND ACCIDENTS Notify the World Bank not later than 48 MOCTIDU/UAD/UZ Promptly notify the World Bank of any incident or accident related to the Project which hours after learning of the incident or with technical support from has, or is likely to have, a significant adverse effect on the environment, the affected accident. UNOPS (TBD) communities, the public or workers, including, inter alia, cases of sexual exploitation and abuse (SEA), sexual harassment (SH), and accidents that result in death, serious or Provide subsequent report to the World multiple injury. Provide sufficient detail regarding the scope, severity, and possible Bank within a timeframe acceptable to causes of the incident or accident, indicating immediate measures taken or that are the World Bank throughout Project planned to be taken to address it, and any information provided by any contractor implementation. and/or supervising firm, as appropriate. Subsequently, at the World Bank’s request, prepare a report, including a root cause analysis on the incident or accident and propose any measures to address it and prevent its recurrence. ESS 1: ASSESSMENT AND MANAGEMENT OF ENVIRONMENTAL AND SOCIAL RISKS AND IMPACTS 1.1 ORGANIZATIONAL STRUCTURE Maintain the PIUs as set out in the legal UAD/UZ/MOCTIDU a. UAD shall maintain the PIU for Component 1 with qualified staff and resources to agreements. Hire the E&S specialists support the management of ESHS risks and impacts of the Project, including not later than thirty (30) days after the engaging one environmental specialist and one social specialist. grant Effective Date and retain them b. UZ shall maintain the PIU for Component 2 with qualified staff and resources to throughout Project implementation. support the management of ESHS risks and impacts of the Project, including The two delegations have agreed to re engaging one environmental specialist and one social specialist. assess if additional E&S specialist hire is c. MOCTIDU shall hire E&S specialist to support management of E&S risks and required 45 days after the Effective coordination between UAD and UZ ES staff Date. 3|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) REPAIRING ESSENTIAL LOGISTICS INFRASTRUCTURE AND NETWORK CONNECTIVITY (RELINC) PROJECT (P180318) 1.2 ENVIRONMENTAL AND SOCIAL INSTRUMENTS MOCTIDU/UAD/UZ Prepare and adopt EMSF and EHSGs a. MOCTIDU/UAD/UZ shall prepare, disclose, consult upon adopt and thereafter not later than 90 days after the with technical support from implement an Environmental and Social Management Framework (ESMF) and the Effective Date and prior to carrying UNOPS (TBD) Environmental, Health and Safety Guidelines (EHSGs). out any works, thereafter, implement The ESMF shall describe potential E&S impacts and mitigation measures for throughout Project implementation common groups of activities, including preparation of additional site-specific E&S management plans (a full Environmental and Social Impact Assessment (ESIA), an ESMF will be consulted upon and Environmental and Social Management Plan (ESMP), and/or a simplified ESMP redisclosed at official checklist, a Traffic Management Plan, Waste Management Plan, etc.), as relevant. MOCTIDU/UAD/UZ website and The ESMF shall provide a monitoring plan format that includes monitoring adopted once the situation in country indicators, timing, methods, and institutional responsibilities. allows. The ESMF shall include labor management procedures as well as a Code of Conduct The two delegations agreed to addressing the risk of SEA/SH incidents and a grievance process for workers with reassess the consultation / disclosure contact details for service providers. situation within 90 days. ESMF shall be The ESMF shall provide guidance on the preparation of site-specific Emergency further updated throughout Project Preparedness and Response Plans which will cover measures to protect the safety implementation if required. and security of project personnel and nearby communities from war-related hazards and other relevant emergencies. b. MOCTIDU/UAD/UZ shall prepare, disclose, consult upon, adopt and thereafter MOCTIDU/UAD/UZ Prepare and adopt relevant site implement relevant site-specific instruments as indicated by the Project ESMF and with technical support from specific instruments prior to ESSs requirements, including ESMP, ESMP Checklist, Emergency Preparedness and launching the bidding process for the UNOPS (TBD) Response Plans, as well as preparation and implementation of additional site-specific relevant works. Those shall be E&S management plans (such as Traffic Management Plan, Waste Management consulted upon and disclosed at Plan, etc.) etc. official MoICTIDU/UAD/UZ website and adopted once the situation in country allows. Thereafter, implement throughout Project implementation. The two delegations agreed to reassess the consultation / disclosure situation within 90 days. 1.3 MANAGEMENT OF CONTRACTORS MOCTIDU/UAD/UZ As part of the preparation of Incorporate the relevant aspects of the ESCP, including, inter alia, the relevant E&S with technical support from procurement documents and instruments, the Labor Management Procedures, and code of conduct, into the ESHS respective contracts. UNOPS (TBD) specifications of the procurement documents and contracts with contractors and supervising firms. Thereafter, ensure that the contractors and supervising firms comply Supervise contractors throughout and cause subcontractors to comply with the ESHS specifications of their respective Project implementation. contracts. 4|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) REPAIRING ESSENTIAL LOGISTICS INFRASTRUCTURE AND NETWORK CONNECTIVITY (RELINC) PROJECT (P180318) 1.4 TECHNICAL ASSISTANCE MOI/UAD/UZ Throughout Project implementation Ensure that consultancies, studies (including feasibility studies, if applicable), capacity with technical support from building, training, and any other technical assistance activities under the Project are UNOPS (TBD) carried out in accordance with terms of reference acceptable to the World Bank, that are consistent with the ESSs. Thereafter, ensure that the outputs of such activities comply with the terms of reference 5|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) REPAIRING ESSENTIAL LOGISTICS INFRASTRUCTURE AND NETWORK CONNECTIVITY (RELINC) PROJECT (P180318) MOI/UAD/UZ 1.5 CONTINGENT EMERGENCY RESPONSE FINANCING a. Prepare and adopt the CERC Manual MoF a. Ensure that the Contingency Emergency Response Component (CERC) Manual and CERC-ESMF Addendum in form and MOCTIDU/UAD/UZ if includes a description of the ESHS assessment and management arrangements substance acceptable to the Bank as a relevant including the CERC-ESMF Addendum that will be prepared for the implementation withdrawal condition under Section of the CERC, in accordance with the ESSs. III.B.1d of Schedule 2 to the Financing Agreement and Section III.B.1.d of Schedule 2 to the Grant Agreement for the Project. b. Adopt any environmental and social (E&S) instruments which may be required for b. Adopt any required E&S instrument activities under the CERC, in accordance with the CERC Manual, the CERC-ESMF and include it as part of the respective Addendum and the ESSs, and thereafter implement the measures and actions bidding process, if applicable, and in required under said E&S instruments, within the timeframes specified in said E&S any case, before the carrying out of the instruments. relevant 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 2.1 LABOR MANAGEMENT PROCEDURES Same timeframe as under Section 1.2 MOCTIDU/UAD/UZ Prepare, disclose, consult upon, adopt, and thereafter implement the Labor a. above. with technical support from Management Procedures (LMP) for the Project as part of the ESMF , including, inter UNOPS (TBD) alia, provisions on working conditions, management of workers relationships, occupational health and safety (including personal protective equipment, and emergency preparedness and response), code of conduct (including relating to SEA and SH) the prohibitions on forced labor andchild labor, grievance arrangements for Project workers, and applicable requirements for contractors, subcontractors, and supervising firms, all in accordance with the applicable requirements of ESS2 an dthe ESSs. 2.2 GRIEVANCE MECHANISM FOR PROJECT WORKERS Establish grievance mechanism prior to MOCTIDU/UAD/UZ Establish and operate a grievance mechanism for Project workers, as described in the engaging Project workers and with technical support from LMP and consistent with ESS2. thereafter maintain and operate it UNOPS (TBD) throughout Project implementation. 6|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) REPAIRING ESSENTIAL LOGISTICS INFRASTRUCTURE AND NETWORK CONNECTIVITY (RELINC) PROJECT (P180318) ESS 3: RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT 3.1 WASTE MANAGEMENT PLANS Same timeframe as under Section 1.2 b. MOCTIDU/UAD/UZ Incorporate and implement waste management plans in the ESIAs, ESMPs and relevant above. with technical support from management plans to be prepared under the ESMF to manage hazardous and UNOPS (TBD) non/hazardous wastes, consistent with ESS3. 3.2 RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT MOCTIDU/UAD/UZ Incorporate and implement resource efficiency and pollution prevention and Same timeframe as under Section 1.2 b. with technical support from management measures in the ESIAs, ESMPs and/or relevant management plans to be above. UNOPS (TBD) prepared under ESMF, including, inter alia, measures to address noise and dust emissions and the generation of construction wastes and wastewater, including hazardous and non-hazardous waste and water polution; energy efficient processes/products;. ESS 4: COMMUNITY HEALTH AND SAFETY 4.1 TRAFFIC ROAD AND SAFETY Same timeframe as under Section 1.2 b. MOCTIDU/UAD/UZ Incorporate and implement measures to manage traffic and road safety risks as required above with technical support from in the relevant ESIAs, ESMPs, and/or relevant management plans to be prepared under UNOPS (TBD) the ESMF 4.2 COMMUNITY HEALTH AND SAFETY Same timeframe as under Section 1.2 b. MOCTIDU/UAD/UZ Assess and manage specific risks and impacts to the community arising from Project with technical support from activities, including possible security risks, and include mitigation measures in the UNOPS (TBD) relevant ESIAs, ESMPs and/or relevant management plans to be prepared under the ESMF, in accordance with ESS4. ESS 5: LAND ACQUISITION, RESTRICTIONS ON LAND USE AND INVOLUNTARY RESETTLEMENT 5.1 RESETTLEMENT POLICY FRAMEWORK Not later than 90 days after the MOCTIDU/UAD/UZ Prepare, disclose, consult upon, adopt and thereafter implement a Resettlement Policy Effective Date and prior to carrying Framework (RPF) for the project, consistent with ESS5 to screen all activity sites for risk out any Project activity which may of land taking or other impacts on land use as necessary. involve any Project-related land acquisition or restrictions on land use that may cause physical displacement, economic displacement, or both, in accordance with ESS5; thereafter, implement throughout Project implementation. The two delegations agreed to reassess the situation with RPF preparation after environmental and social screening of the project activities is completed within 45 days 7|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) REPAIRING ESSENTIAL LOGISTICS INFRASTRUCTURE AND NETWORK CONNECTIVITY (RELINC) PROJECT (P180318) 5.2 Adopt and implement a resettlement action plan (RAP) for each activity under the Adopt and implement the respective MOCTIDU/UAD/UZ Project for which the RPF requires such RAP, as set out in the RPF and consistent withRAP, including ensuring that before ESS5. taking possession of the land and related assets, full compensation has been provided and as applicable, displaced people have been resettled and moving allowances have been provided. ESS 6: BIODIVERSITY CONSERVATION AND SUSTAINABLE MANAGEMENT OF LIVING NATURAL RESOURCES 6.1 Adopt and implement, as part of the ESMF, measures to screen and manage biodiversity Same timeframe as under Section 1.2 a. MOCTIDU/UAD/UZ and habitat risks and impacts, consistent with ESS6. above. with technical support from UNOPS (TBD) 6.2 Project activities shall be screened for potential adverse impacts in accordance with the Throughout project implementation. MOCTIDU/UAD/UZ ESMF and those having such impact on natural and critical habitats, protected areas or ecosystems shall be excluded from consideration under this project. 6.3 If any Project activities are determined to have a significant adverse impact on Same timeframe as under Section 1.2 b. with technical support from biodiversity, a detailed biodiversity assessment and management plan shall be above. UNOPS (TBD) developed, disclosed, consulted upon, adopted and implemented as part of the ESIA, ESMP, or other relevant E&S instrument prepared under the ESMF. 6.4 Training for contractor and supervising engineer in the protected area shall be delivered Prior to start of relevant works, MOCTIDU/UAD/UZ before start of works in order to increase the awareness that activities might impact the throughout Project implementation. protected area and biodiversity and measures should be presented on minimizing and avoiding impact ESS 7: INDIGENOUS PEOPLES/SUB-SAHARAN AFRICAN HISTORICALLY UNDERSERVED TRADITIONAL LOCAL COMMUNITIES Not currently relevant ESS 8: CULTURAL HERITAGE 8.1 Provisions for implementation of chance find procedures shall be included in site specific Throughout Project implementation. MOCTIDU/UAD/UZ ESMPs and in all civil works contracts to be conducted in such a way as to avoid any potential adverse impacts on historical monuments and other tangible and intangible cultural heritage. ESS 9: FINANCIAL INTERMEDIARIES Not currently relevant ESS 10: STAKEHOLDER ENGAGEMENT AND INFORMATION DISCLOSURE 10.1 STAKEHOLDER ENGAGEMENT PLAN PREPARATION AND IMPLEMENTATION MOCTIDU/UAD/UZ Prepare, adopt and implement a Stakeholder Engagement Plan (SEP) for the Project, consistent with ESS10, which shall include measures to, inter alia, provide stakeholders with timely, relevant, understandable and accessible information, and consult with them 8|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) REPAIRING ESSENTIAL LOGISTICS INFRASTRUCTURE AND NETWORK CONNECTIVITY (RELINC) PROJECT (P180318) in a culturally appropriate manner, which is free of manipulation, interference, coercion, Adopt SEP not later than 30 days after discrimination and intimidation. the Effective Date and thereafter implement the SEP throughout Project implementation Consult and disclose SEP publicly once situation in country allows 10.2 PROJECT GRIEVANCE MECHANISM Establish the Grievance two weeks after MOCTIDU/UAD/UZ Establish, publicize, maintain, and operate an accessible grievance mechanism, to the Effective Date and thereafter receive and facilitate resolution of concerns and grievances in relation to the Project, operate and maintain throughout promptly and effectively, in a transparent manner that is culturally appropriate and Project implementation. readily accessible to all Project-affected parties, at no cost and without retribution, 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 SEA/SH complaints, including through the referral of survivors to relevant gender-based violence service providers, all in a safe, confidential, and survivor-centered manner. CAPACITY SUPPORT CS1 Project Implementation Unit and other relevant implementing support staff responsible Not later than 60 days after the MOCTIDU/UAD for the Project to receive training on the Project’s ESHS plans and instruments, fair, Effective Date and periodically with the equitable and inclusive access and allocation of Project benefits and the roles and addition of new Project team members responsibilities of different key agencies in the ESF implementation. join the Project throughout implementation. CS2 Develop a training plan for staff, with adequate budget, providers and timeframe. Not later than 60 days after the UZ Training will be required for staff on: Effective Date and periodically with the • E&S/OHS risks and impacts addition of new Project team members • World Bank ESF/EHS Guidelines join the Project throughout • Community health and safety implementation. • Emergency preparedness and response • Monitoring and reporting of E&S aspects of the Project UZ shall deploy E&S specialists to • Other issues, as required develop and implement the training plan for staff prior to the commencement of Project activities. 9|Page