Environment and Social Management Framework For Project Supporting Youth Inclusive Local Development in Kosovo Ministry of Local Government Administration November 2018, Prishtina Acronyms CBO Community Based Organization CEFTA Central Economic Free Trade Area CPF Country Partnership Framework EA Environment Assessment EIA Environmental Impact Assessment EBRD European Bank for Reconstruction and Development ESMF Environmental Social Management Framework ESMP Environmental Social Management Plan ECA Europe and Central Asia EU European Union GAP Grant Approval Committee GDP Gross Domestic Products GRM Grievance Redress Mechanism GoK Government of Kosovo IMF International Monetary Fund JSDF Japan Social Development Fund KEPA Kosovo Environment Protection Agency KLMC Kosovo Landfill Management Company KCPF Kosovo Country Partnership Framework MLGA Ministry of Local Government Administration MED Ministry of Economic Development MESP Ministry of Environment and Spatial Planning NGO Non-Governmental Organization PMU Project Management Unit Pas Protected Areas of Kosovo OHS Occupation Health and Safety SAA Stabilization and Association Agreement 2 SG Safeguard SYILDK Supporting Youth Inclusive Local Development in Kosovo YIEP Youth Inclusion and Entrepreneurship 3 Contents Introduction .......................................................................................................................................... 6 Kosovo in a Nutshell ............................................................................................................................ 7 Protected Areas (PAs) of Kosovo .................................................................................................... 8 Physical cultural heritage ............................................................................................................... 10 Major environmental concerns ....................................................................................................... 10 Project Objectives and Components .................................................................................................. 11 Project Development objective ...................................................................................................... 11 Project Components ....................................................................................................................... 11 Component 1: Youth Driven Community Development Initiatives (US$ 1,719,000) ............... 11 Component 2: Youth Stakeholders Training (US$ 777,000) ..................................................... 12 Component 3: Project Management and Administration, Monitoring and Evaluation, and Knowledge Dissemination (US$280,000) .................................................................................. 13 Lines of Financial Support ................................................................................................................. 13 Ineligible activities ............................................................................................................................. 13 Exclusion list...................................................................................................................................... 14 Project Management .......................................................................................................................... 14 Monitoring and Evaluation ................................................................................................................ 15 Environmental Screening ................................................................................................................... 15 Category A ..................................................................................................................................... 15 Category B...................................................................................................................................... 16 Category B+ ................................................................................................................................... 16 Category B- .................................................................................................................................... 16 Category C...................................................................................................................................... 16 Institutional and Implementation Arrangements ............................................................................ 17 WB Policies that Apply to the Project ............................................................................................... 18 OP/BP 4.01 (Environmental Assessment) ..................................................................................... 18 OP/BP 4.04 (Natural Habitats) ....................................................................................................... 18 OP/BP 4.36 (Forests) ..................................................................................................................... 19 OP/ BP 4.09 (Pest Management) – not triggered ........................................................................... 19 OP/BP 4.11 (Physical Cultural Resources) - not triggered ............................................................ 19 OP/BP 4.10 (Indigenous Peoples) .................................................................................................. 19 OP/BP 4.12 (Involuntary Resettlement)......................................................................................... 19 OP/BP 4.37 (Safety of Dams) ........................................................................................................ 19 OP/BP 7.50 (Projects on International Waterways) ....................................................................... 19 OP/BP 7.60 (Projects in Disputed Areas) ...................................................................................... 19 National Legislation Overview & Environmental Social Management Framework ......................... 20 Potential Environmental Impacts ....................................................................................................... 22 Mitigation Measures .......................................................................................................................... 23 Environmental Assessment ................................................................................................................ 23 Environmental Review....................................................................................................................... 24 Grievance Redress Mechanism .......................................................................................................... 25 Monitoring of ESMF Compliance and Reporting ............................................................................. 25 Disclosure and Consultations ............................................................................................................. 25 ANNEXES ......................................................................................................................................... 27 ANNEX 1 - RESPONSIBILITIES AND KEY PARTICIPANTS ................................................ 27 ANNEX 2 – ENVIRONMENTAL & SOCIAL RISK ASSESSMENT QUESTIONNAIRE for INFRASTRUCTURE (even slight infrastructure) ......................................................................... 28 Name of the section: .......................................................................................................................... 28 ANNEX 3 – ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN CHECKLIST TEMPLATE ................................................................................................................................... 29 Introduction .................................................................................................................................... 29 Potential environmental impacts .................................................................................................... 29 Sub-project activities and environmental impacts ......................................................................... 29 4 Checklist ESMP .......................................................................................................................... 29 Application of the EMP-Checklist ............................................................................................. 30 Monitoring and Reporting .............................................................................................................. 30 ANNEX 4 – ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN TEMPLATE ........ 41 Mitigation ................................................................................................................................... 41 Monitoring .................................................................................................................................. 41 Implementation Schedule and Cost Estimates............................................................................ 41 Mitigation Plan ............................................................................................................................... 42 Monitoring Plan.............................................................................................................................. 42 ANNEX 5 – MINUTES OF THE ESMF CONSULTATION MEETING .................................... 43 5 Introduction The project “Supporting Youth Inclusive Local Development in Kosovo”, aims to improve the socio-economic inclusion of at least 3,000 disadvantaged youth (ages 15-29) in vulnerable communities in Kosovo through civic engagement activities. Environmental Social and Management Framework (ESMF) has been prepared by Ministry of Local Government Administration, relying on the WB Safeguards Policies for this type of project. The ESMF document, amongst other things, serves as a tool to screen the sub-projects and based on the screening results guides the client and other stakeholders on the environmental due diligence procedures including EAs and environmental management in all phases of the project cycle. The development and implementation of the project is based on delivering incentive grants to 10 selected municipalities. Selected municipalities will benefit from incentive grant allocations which will allow them to expand their youth programming and better respond to youth needs. Local governments will ensure that youth- prioritized sub-projects are integrated into local action plans and will facilitate their implementation. Youth groups will be eligible to submit sub-project proposals that address youth socio-economic needs. These proposals will be identified through an inclusive and participatory process, which includes focus group discussions with different youth sub-groups (ethnic minorities, persons with disability, LGBT, women, IDPs and refugees) to ensure that the needs of all youth are properly reflected in sub-project design. Sub-project proposals can include (i) economic services intended to improve youth employability and income generating opportunities (i.e. skills building trainings, improve access to employment market, entrepreneurship trainings, ICT courses, etc), (ii) youth related community infrastructure improvements (i.e. repair of youth centers, parks, classrooms, youth-friendly spaces in health centers, and libraries), (iii) youth cultural and sports activities, (iv) psychosocial support and emotional counseling, or (v) additional youth volunteering opportunities intended to address a community need. Specific youth driven initiatives cannot be determined a priori as they are demand driven and will respond to disadvantaged youth’s unmet needs at community level. These are some of the activities identified by security body representatives and experts on prevention of violent extremism (PVE) as lacking in fragile communities. By investing in youth skills, knowledge, and activities, the proposed project will empower disadvantaged youth to become active agents in their communities and decrease their vulnerability to negative influences. All sub-projects to be financed under the YIEP will be subjected to an environmental review process incorporating the procedures described in this document. These procedures and requirements incorporate Kosovo’s environmental legislation and the World Bank’s safeguard policies. All Project activities must comply with the national regulation and WB Policies, the stricter prevailing as a rule. The overall project was classified as a category B defining only B category sub-projects can be supported under the operation. World Bank policy OP/BP 4.01 Environmental Assessment was triggered, and as sub-projects and locations are unknown a process ESMF was developed. All sub-projects will be screened in the preparation period, and A category and otherwise ineligible projects will be excluded. The implementation and overall compliance with the ESMF and WB policies is responsibility of PMU/MLGA for the project implementation period, 2019-2022 and other actors involved and for every single activity under the project while the implementation of Environmental Assessment documents and environmental protection measures for infrastructure sub-projects is responsibility of the Municipality in accordance with MLGA/PMU monitoring directly the sub projects. The ESMF implementation will be monitored by the MLGA, PMU in close coordination with Municipalities. Light civil works category B- and C category activities only are expected under the project while sub-projects that are A or high-risk or require EIA under the Kosovo’s Law on Environment will not be financed. Overall, the environmental and social procedures applied to the sub-project cycle and responsibilities of key parties are described in detail below. 6 Kosovo in a Nutshell Kosovo is a landlocked country in the center of Southeast Europe bordering on Albania, the former Yugoslav Republic of Macedonia, Montenegro, and Serbia. Its total area is 10,887 sq km. The country is situated at an elevation of 400-700 m above sea level surrounded by several high mountain ranges, with elevations of 2,000 to 2,500 m1. Kosovo's 1.8 million population continues to grow, and therefore there has been an increase in settlement expansion, and land use changes. In 2012, settlements covered 4.7% of Kosovo's territory, compared with 3.7% in 2002. Agricultural lands decreased from 31.3% of Kosovo's territory in 2002 to 27.8% in 2012 (due to the expansion of settlements). Forest lands increased from 42.1% of Kosovo's territory in 2002 to 44.7% in 2012. In 2012 around 78% of the population was supplied with water from the public water supply (4 % more than in 2011), while around 56% of the population had access to waste-water services (5% more than in 2011)2 . Kosovo contains the upper watersheds of four rivers that flow into three different Seas: the Adriatic, Aegean, and Black. The Iber/Ibar River flows into the Danube River, making it part of one of Europe’s major river systems. Kosovo provides a catchment for water flowing to neighboring countries, but because of its elevated topography, does not receive water from outside its borders. There is only one major dam in Kosovo that was constructed to generate hydroelectricity, but neighboring countries have constructed dams on rivers downstream of Kosovo. Many stretches of rivers have been severely disrupted by sand and gravel mining and attempts to control river flooding with artificial levees3. Kosovo’s climate is influenced by its proximity to the Adriatic and Aegean Seas as well as the continental European landmass to the north. The overall climate is a modified continental type, with some elements of a sub- Mediterranean climate in the extreme south and an alpine regime in the higher mountains. Winters are cold with an average temperature in January and February of 0 degrees centigrade and with significant accumulation of snow, especially in the mountains. Summers are hot, with extremes of up to 40 degrees. The average annual rainfall in Kosovo is 720 mm but can reach more than 1,000 mm in the mountains. Summer droughts are not uncommon. The varied elevations, climatic influences, and soils within Kosovo provide a wide diversity of microhabitats to which plant and animal species are adapted4. Kosovo is prone to a wide variety of natural hazards--including floods, landslides, droughts, earthquakes, and wildfires—that could pose serious damages to the economy, fiscal balances and well-being of vulnerable populations. Many of these climatic related hazards are expected to magnify with future climate change. These climate and disaster risks can seriously impact productive sectors of the economy, such as agriculture, infrastructure, energy, water resources, and communities and households. Natural disasters and climate change can also hamper reforms and add pressure on the fiscal position, exacerbate existing expenditure pressures, redirecting public resources away from long-run development plans and limiting a country’s ability to build cushions for development programs and future needs. They can also divert scarce government administrative capacity toward emergency operations5. Kosovo's economy has shown progress in transitioning to a market-based system and maintaining macroeconomic stability, but it is still highly dependent on the international community and the diaspora for financial and technical assistance. Remittances from the diaspora - located mainly in Germany, Switzerland, and the Nordic countries - are estimated to account for about 17% of GDP and international donor assistance accounts for approximately 10% of GDP. With international assistance, Kosovo has been able to privatize a majority of its state-owned enterprises6. Minerals and metals production - including lignite, lead, zinc, nickel, chrome, aluminum, magnesium, and a wide variety of construction materials - once the backbone of industry, has declined because of aging equipment and insufficient investment, problems exacerbated by competing and unresolved ownership claims of Kosovo’s 1 Ibid. 2 https://www.eea.europa.eu/soer-2015/countries/kosovo 3 http://pdf.usaid.gov/pdf_docs/Pnact349.pdf 4 http://pdf.usaid.gov/pdf_docs/Pnact349.pdf 5 http://documents.worldbank.org/curated/en/282091494340650708/pdf/Kosovo-SCD-FINAL-May-5-C-05052017.pdf 6 https://www.cia.gov/library/publications/the-world-factbook/geos/kv.html 7 largest mines. A limited and unreliable electricity supply is a major impediment to economic development, but some milestones have still been achieved. In 2012, Kosovo privatized its electricity supply and distribution network. In cooperation with WB and the US Government, MED is working to conclude a commercial tender for the construction of Kosovo C, a new lignite-fired power plant that would leverage Kosovo’s large lignite reserves. MED also has plans for the rehabilitation of an older coal power plant, Kosovo B, and the development of a coal mine that could supply both plants7. In June 2009, Kosovo joined the World Bank and International Monetary Fund, and began servicing its share of the former Yugoslavia's debt. In order to help integrate Kosovo into regional economic structures, UNMIK signed (on behalf of Kosovo) its accession to the Central Europe Free Trade Area (CEFTA) in 2006. Kosovo joined the European Bank for Reconstruction and Development in 2012 and the Council of Europe Development Bank in 2013. In 2016, Kosovo implemented the Stabilization and Association Agreement (SAA) negotiations with the EU, focused on trade liberalization. Under the SAA, Kosovo — which gets approximately 58% of government revenue from tariffs on imports — is required to phase out tariffs on EU goods over the next seven years. In 2014, nearly 60% of customs duty-eligible imports into Kosovo were EU goods. In 2015, Kosovo negotiated a $185 million Stand-by Arrangement (SBA) with the IMF following the conclusion of its previous SBA in 2014. The IMF requested an extension of the current SBA to August 2017 to facilitate policy continuity and allow sufficient time for ongoing structural reforms to progress. In August 2015, as part of its EU-facilitated normalization process with Serbia, Kosovo signed agreements on telecommunications and energy distribution, but disagreements over who owns economic assets, such as the Trepca mining conglomerate, within Kosovo continue8. While Kosovo’s economy continued to make progress, it needs further reform and investment to enable the level of growth required to reduce unemployment and raise living standards in a meaningful way9. Protected Areas (PAs) of Kosovo The national network of protected areas consists of 116 nature areas (or 10.9% of the country’s territory10). The greatest territory of protected area is taken up by the “Sharri” and “Bjeshket e Nemuna” National Parks11. When, in 2012, Kosovo announced the creation of its second national park Bjeshkët e Nemura (62.488 hectares), it also expanded the territory of its first national park, Sharri. These two actions increased the total share of protected areas in Kosovo from 4.36% (in 2003) to 10.9% of national territory. Besides its two national parks, Kosovo has 97 other Nature Protected Areas of various categories12. See the below map for visual representation of the protected areas13. 7 Ibid. 8 https://www.cia.gov/library/publications/the-world-factbook/geos/kv.html 9 https://www.cia.gov/library/publications/the-world-factbook/geos/kv.html 10 http://www.landscapeonline.de/wp-content/uploads/DOI103097-LO201545.pdf 11 Biodiversity and Protected Areas in Kosovo (PDF Download Available) . Available from: https://www.researchgate.net/publication/259368759_Biodiversity_and_Protected_Areas_in_Kosovo [accessed Feb 26 2018]. 12 https://www.eea.europa.eu/soer-2015/countries/kosovo 13 http://www.landscapeonline.de/wp-content/uploads/DOI103097-LO201545.pdf 8 Source: Kosovo Environmental Protection Agency (2015) 9 Physical cultural heritage Kosovo has been inhabited since prehistoric times. Recent archaeological founds date back to the early Neolithic period, i.e. the 6th millennium B.C., and include various anthropomorphic and zoomorphic figurines of fertility and painted ceramics. In the Antiquity, there were highly urbanized centres of refined culture in the area of present Kosovo14. It is therefore no wonder that Kosovo is home to significant cultural and religious heritage, not only natural landmarks. Cultural heritage of Kosovo includes monuments, sites, artefacts as well as their intangible attributes created by all peoples who have lived in Kosovo throughout the centuries. As for the landmarks, there are a number of small to medium-sized lakes in Kosovo including some alpine lakes of glacial origin that are of scientific and scenic interest. Major environmental concerns Kosovo struggles with a number of environmental risks, per below: • Air pollution is a significant problem in Kosovo’s urban areas and a moderate problem for the country as a whole. Urban ambient air quality is poor particularly in Pristina, the Obiliq area, the Drenas area, and in Mitrovica. The principal sources of pollution include (a) the burning of wood and lignite for household/building heating purposes, and, to a lesser extent, energy and mining production activities; (b) smoke and emissions from large industrial complexes; (c) landfills of urban and industrial waste which tend to have more specific local impacts; and (d) vehicular emissions. Key health impacts from air pollution are related to the high levels of particulate matter (PM), also known as fine particles or dust15. • Water Quality. Data from the Institute of Public Health on the quality of drinking water show that the pollution of drinking water is generally associated with bacterial rather than chemical contamination. Much of this bacterial (fecal) contamination occurs in the water supply systems of small cities and rural areas where a large proportion of wells and springs are thought to be contaminated, although no firm numbers exist. There is also a lack of operating wastewater treatment plants in Kosovo16. • Untreated Hazardous and Municipal Waste. Historical and current industrial waste has remained —for long periods of time—in production sites, storage areas, and industrial hot spots. In addition to mining and industry activities which generate about 1.3 million tons per year of waste (commercial, hazardous and nonhazardous), an estimated 382,000 tons of municipal solid waste is generated yearly. At present, there is a near-total lack of proper waste management in Kosovo for all waste types—domestic, industrial, health care, and hazardous waste—as well as for legacy pollution from historical contamination. Current waste management practice, if left unchanged, will lead to high levels of pollution of groundwater and air (for example, through methane or landfill gas), but also dioxins and fine particles when burned. • Forest resources are under pressure since 1990 with a majority of illegally harvested timber used for firewood and occurrence of heavy harvesting for rebuilding houses after the war. In addition, lack of financial resources for proper sericulture treatment, especially pre-commercial thinning in the young stage of forest development is required to bring the forests back into the desired management and growth17. 14 http://unesdoc.unesco.org/images/0013/001344/134426e.pdf 15 http://documents.worldbank.org/curated/en/282091494340650708/pdf/Kosovo-SCD-FINAL-May-5-C-05052017.pdf 16 Ibid. 17 Ibid. 10 Project Objectives and Components Project Development objective The Project Development Objective is to improve the socio-economic inclusion of at least 3,000 disadvantaged youth (ages 15-29) in vulnerable communities in Kosovo through civic engagement activities. Project Components The proposed project will complement a planned youth operation in Kosovo “Youth Inclusion and Entrepreneurship” (YIEP) focused on increasing socio-economic opportunities for inactive youth through improved access to civic participation, skills building and sustainable entrepreneurship services (see Kosovo Country Partnership Framework/KCPF FY17-21). YIEP (USD 10.4 million) provides supply side solutions intended to support youth socio-economic inclusion in an economy with limited job creation, particularly for disadvantaged youth. The proposed JSDF will complement YIEP inclusion efforts by piloting demand side solutions aimed at addressing youth’s socio-economic needs at community level. Youth activated through the proposed JSDF grant will be directed to additional socio-economic and entrepreneurship opportunities offered by YEIP to enhance their chances of economic integration. YIEP will be implemented in the same 10 municipalities, targets the same disadvantaged youth population and will be implemented in coordination (i.e., M&E system with aligned indicators). The proposed project is not included in the preparation of YEIP as it represents a new initiative to be piloted by the Government of Kosovo (GoK) prior to scaling in subsequent interventions based on project results. The GoK has expressed interest in streamlining support for youth programing through existing government systems. In particular, the MLGA will evaluate results from the pilot to integrate support for youth initiatives as part of its future performance-based incentive grant allocation system. Component 1: Youth Driven Community Development Initiatives (US$ 1,719,000) This component will finance youth driven socio-economic initiatives at community level that support youth inclusion and livelihoods. The Ministry of Local Government Administration (MLGA) will allocate incentive grants to selected municipalities earmarked for youth initiatives, annual grant cycle. This component expects to finance 150 youth driven initiatives by engaging at least 3,000 disadvantaged youth in the identification, prioritization and design of sub-projects. Participating youth will benefit from volunteering opportunities to positively impact their communities and other disadvantaged youth, while also gaining valuable work experience and skills that makes young people more attractive for potential employers. Youth driven community initiatives will benefit about 5,000 youth through greater access to youth related services and community infrastructure. Partnership with municipalities. The MLGA will select 10 municipalities by appraisal based on a preliminary needs and mapping assessment, which includes: (i) large demand and limited supply of youth infrastructure services, (ii) high concentration of inactive youth, (iii) limited international donor presence, and (iv) large relative presence of minority ethnic communities (Serbian, Ashkali, Bosniak, Roma, Turkish, Egyptians, Gorani, and Montenegrins).Youth driven activities will be implemented in vulnerable communities within selected municipalities, including those with higher levels of youth inactivity, poverty rate, and limited access to youth related services. Selected municipalities will undergo a capacity assessment to ensure they have the capacity to effectively manage their incentive grant allocation. This assessment will be based on the MLGA’s performance-based incentive grant allocation system, which evaluates municipal performance on a range of financial and management indicators18. In line with MLGA’s current implementation of the Municipal Perf ormance Management System, the Ministry will allocate incentive grants to the selected municipalities, but will retain financial management responsibilities. To be eligible to participate, municipalities must match 15 percent of 18 Changes in pre-selected municipalities resulting from this assessment must receive no-objection from the World Bank. 11 their incentive grant allocation in counterpart funding. In addition, municipalities will commit staff to facilitate the implementation and supervision of sub-projects. Municipal contributions will ensure local ownership and sustainability of youth programming by integrating activities to local development plans, and will build greater cooperation and trust between youth and municipal stakeholders. Selection Criteria. Sub-project proposals will be reviewed against to-be agreed selection criteria, which would assign greater weigh to sub-project that: (i) involve extensive youth participation in the identification and design of the sub-project, (ii) benefit the largest number of youth, (iii) include opportunities for youth volunteerism during the implementation phase of the sub-project, (iv) are aligned with municipal youth plans, and (v) bring youth from different ethnic backgrounds together, so as to strengthen to inter-ethnic collaborations and bridge the existing social divide19. To ensure sub-projects have community support, proposals must be endorsed by at least one community entity (neighborhood councils, religious associations, youth centers, etc.). The size of the sub-grant shall not exceed US$ 30,000. Municipal sub-grants will be disbursed to youth NGOs and CBOs in several installments following a rigorous system which includes: (i) call for proposals, (ii) training in proposal writing for CBOs, (iii) screening and technical assessment of proposals, (iv) safeguard screening to ensure full compliance with national and World Bank requirements, (v) evaluation of projects by a Grant Approval Committee, (vi) sub-grant agreement, including application of World Bank fiduciary rules; and (vii) sub-grant disbursement and monitoring of eligible expenses. For newly formed youth groups, funds could be managed by the Facilitating Partner NGO(s) in line with the sub-project design developed by youth and approved by the project. Component 2: Youth Stakeholders Training (US$ 777,000) This component will finance: (i) community mobilization and outreach activities, (ii) soft skills training and project preparation/management training for youth in target communities, (iii) technical support for youth NGOs and CBOs who submitted an application pre-selected by municipalities for funding, and (iv) follow up support and supervision throughout sub-project implementation. The MLGA will competitively select an experienced NGO to implement activities under this component. This component expects to directly benefit 3,000 youth through soft skills and project management training, and indirectly benefit about 5,000 disadvantaged youth by strengthening the technical specifications of sub-projects designed to improve disadvantaged youth’s access to socio-economic services. Community mobilization: the facilitating partner NGO will conduct community outreach campaigns to increase awareness among disadvantaged youth, including youth NGOs and CBOs, of the project activities and encourage them to apply. Outreach activities will include door to door campaigns, meetings with key community stakeholders (neighborhood councils, youth groups, youth centers, local NGOs, and representatives of the religious community), and placement of flyers and posters in strategic locations in the target areas (youth centers, cafes, local authorities’ offices, or other locations where youth congregate). The facilitating partner NGO will also prepare brief community profiles outlining youth needs and existing youth friendly infrastructure services, so as to inform sub-project designs and support youth groups in the prioritization of community objectives. Soft skills and project management training: the facilitating partner NGOs will provide soft skills training to 3,000 disadvantaged youth focused on leadership skills, creativity, conflict mediation, communications, and team work. These trainings will increase youth employability by focusing on soft skills valued by potential employer and critical to effectively manage a business, and will also facilitate collaboration in joint community work. Soft skills training will be the entry point for all youth interested in elaborating sub-project proposals under the project. Upon completion of soft skills training, youth beneficiaries can form groups or use existing NGOs to prepare sub-project proposals. Trainings will be focused on community mobilization, sub-project preparation (incl. design, beneficiary targeting, budgeting) and implementation (procurement, financial management, participatory monitoring and evaluation). The training will be based on state of the art curriculum about community project design and management, including participatory approaches and climate-smart project identification and design20. In addition, sub-projects selected for funding will receive ongoing support to ensure effective sub-project implementation. 19 One quarter of the surveyed youth in the 2018 Public Pulse survey indicated that participation in joint activities was the best way of improving Kosovo Serb and Kosovo Albanian relations. UNDP Kosovo (2018), Public Pulse Analysis 20 By raising awareness and practical knowledge about climate change among the targeted youth, the project encourages selection and design of youth-driven initiatives that include climate considerations. Examples could include climate-informed refurbishment of infrastructure or behavioral change initiatives (e.g., solid waste reduction, residential energy efficiency, emissions free transportation). 12 Component 3: Project Management and Administration, Monitoring and Evaluation, and Knowledge Dissemination (US$280,000) The MLGA will establish a Project Management Unit (PMU) responsible for the overall implementation of the project. The PMU will be comprised of a team of seconded staff from the MLGA, as well as small team of consultants to support key reporting, fiduciary, and safeguard functions. Specifically, seconded staff from the ministry will include a Project Director, two Component Coordinators (one for each component), Capacity & Performance Officer, and an M&E Officer, while the team of consultants financed by the project will include a Project Coordinator, Financial Management Specialist, a Procurement Specialist, and an Environmental Safeguards consultant. In addition, the MLGA will provide working space, transportation, and cover logistical and administrative expenses. Lines of Financial Support Finances would flow from the World Bank to the Treasury, Ministry of Finance and to the Ministry of Local Government Administration (MLGA). All project related finance will be managed by the Ministry of Local Government. All project expenditures including staff, project activity costs, contractors, sub-awardees, and project administration will be managed by the MLGA in accordance with World Bank’s finance management and procurement procedures. Responsibilities for procurement of works for each sub-project will be defined in the course of project implementation on case to case basis depending on the capacity of the Applicant (final user of funds). It is foreseen for the experienced NGOs to carry out the procurement for their own activities and for the non- experienced NGO/Youth initiatives or individuals will be provided the extra help to implement procurement (by a facilitating NGO, or MLGA Staff). Furthermore, for non-experienced NGO/youth initiative/individuals the procurement will be carried out by MLGA and will be set a limit under which they can perform procurement on their own, and beyond that limit the procurement will be done on behalf of the NGO. The works will be contracted by the project beneficiary sub projects and in lack of capacity the MLGA will obtain the procurement for them. Ineligible activities No activities in protected areas and on cultural heritage objects and/or locations as well as those triggering WB Safeguard Policies other than 4.01 Environmental Assessment will be funded under the project. The eligible activities will not trigger World Bank Operational Policy (OP) 4.12 on involuntary displacement. Additionally, this project cannot finance sub-projects that would include: • Activities that limit or deprive of individual or community’s access to land or available resources; • Activities that cause land acquisition or displacement of individuals or communities; • Activities in the protected areas and sensitive or critical natural habitats, as well as sub-projects that include logging; • Activities that introduce changes in use of pesticides; • Activities that affect cultural heritage; Sub-projects that may result in generation of large quantities of hazardous waste (asbestos waste, CFLs, lead paint debris, heating oil contaminated tanks, etc.) or special types of hazardous waste (e.g. radioactive lightning rods) will not be eligible for funding. While risks associated with various subprojects may vary from low to moderate to risk, all of them are expected to fall under EA Category B or C. 13 Exclusion list A number of activities are ineligible for financing under the Project. These include the acquisition of land, A category and high-risk projects, as well as the activities form the general WB exclusion list, as follows: 1. Trade in wildlife and wildlife products prohibited under the CITES convention, 2. Release of genetically altered organisms into the natural environment, 3. Manufacturing, distribution and sale of banned pesticides and herbicides, 4. Drift seine netting in the marine environment, 5. Manufacturing, handling and disposal of radioactive products, 6. Hazardous waste storage, treatment and disposal, 7. Manufacturing of equipment and appliances containing CFCs, halons and other substances regulated under the Montreal Protocol, 8. Manufacturing of electrical equipment containing polychlorinated biphenyls (PCBs) in excess of 0,005 % by weight, 9. Manufacturing of asbestos containing products, 10. Nuclear reactors and parts thereof, 11. Tobacco, unmanufactured or manufactured, 12. Tobacco processing machinery, and 13. Manufacturing of firearms. Project Management The MLGA will establish a Project Management Unit (PMU) responsible for the overall implementation of the project. The PMU will be comprised of a team of seconded staff from the MLGA, as well as small team of consultants to support key reporting, fiduciary, and safeguard functions. Specifically, seconded staff from the ministry will include a Project Director, two Component Coordinators (one for each component), Capacity & Performance Officer, and an M&E Officer, while the team of consultants financed by the project will include a Project Coordinator, Financial Management Specialist, a Procurement Specialist, and a Safeguards consultant. In addition, the MLGA will provide working space, transportation, and cover logistical and administrative expenses. The PMU’s main responsibilities will include: project coordination, procurement, financial management, safeguards, communication and knowledge management, and monitoring and evaluation. Under component 1, the PMU would be responsible for: (i) assessing municipalities fiduciary and program management capacity for project implementation based on the Municipal Performance Management System, (ii) managing the allocation and expenditures of project funds, (iii) supervising municipal compliance with project criteria, (iv) providing no- objection for the selection of sub-projects, (v) performing supervision of implementation of Safeguards measures, monitoring and reporting to ensure they comply with safeguards/ fiduciary requirements. For municipalities who meet the criteria outlined in the project description but demonstrate relatively low capacity, the PMU may choose to initiate one or several corrective actions, such as: (i) allocating funds but taking over the procurement process (ii) deploying the Capacity & Performance Officer from the MLGA to work directly with municipal officers responsible for opening calls, evaluating proposals, and managing procurement activities, and/or (iii) requiring additional/more frequent reporting from municipal officials. For component 2, the MLGA will procure experienced Facilitating Partner NGO(s) to conduct soft skills training, sub-project proposal writing and management training, and provide technical support to youth NGOs/CBOs throughout the sub-project cycle. The MLGA will work closely with selected municipalities throughout project implementations. To be eligible to participate, municipalities will commit resource to support project activities. In particular, municipalities responsibilities will include: (i) chairing the Grant Approval Committees and participating in the selection of sub- 14 projects, (ii) providing 15 percent in matching funds to support youth driven initiatives, (iii) supporting community outreach activities, alongside facilitating partner NGOs, to introduce the project to potential youth beneficiaries, (iii) operations and maintenance for activities related to municipal infrastructure or spaces, and (iv) technical support to youth groups by facilitating municipal engineers for sub-projects requiring technical specifications. Monitoring and Evaluation MLGA will track progress of all youth-driven initiatives using an online Management Information System (MIS). Relevant stakeholders will be able to view and populate the platform with real-time field data. The MIS will be coordinated with the M&E system under YIEP, including aligned indicators and shared beneficiary data. Upon completion of activities, such as stakeholder training, the Ministry will prepare a short completion report summarizing results and lessons learned. This component will also finance a baseline and project-end survey which will allow for evaluation of the project’s effects on targeted youth. Sets of measures to be undertaken towards compliance of predefined sub-projects with the WB Safeguard Policies and national environmental legislation will be prepared as a draft ESMP Checklist template, an integral part of ESMF (please see Annex 3). ESMP Checklist template (containing mitigation measures and monitoring plan) will be adjusted to each individual B- (minor civil works) category sub-project. In addition, it will define supervision and reporting responsibilities and timeline. ESMP will be produced for all other sub-projects and activities with potential negative impacts. Environmental Screening Environmental Screening is the first step in the environmental due diligence process of reviewing the sub-project application/concepts. Its purpose is to determine the environment risk associated with the proposed sub-project, reject applications which are unacceptable due to the nature of the proposed activities or/and location, classify acceptable applications by environmental categories and identify the type of EA that will be required. Results of the Environmental Screening shall be reflected in the EA and environmental screening report. In the process of screening, depending on the type, location, sensitivity, and scale of the project and the nature and magnitude of its potential environmental impacts, the sub-project will be classified into one of four categories: Category A Category A activities will not be financed through the sub-lending scheme. A proposed sub-project is classified in this category, if it is likely to have highly significant, diverse, and/or long- term adverse impacts on human health and natural environment the magnitude of which is difficult to determine at the sub-project identification stage. These impacts may also affect an area broader than the sub-project sites. Measures for mitigating such environmental risks may be complex and costly. An Environmental Impact Assessment (EIA) is therefore required to identify and assess the future environmental impacts associated with the proposed project, identify potential environmental improvement opportunities and recommended any measures needed to prevent, minimize and mitigate adverse impacts. The sub-borrower is responsible for preparing a report, normally an EIA. The sub-borrower would in parallel provide the techno economic feasibility study of the sub-project. The costs of the mitigation measures would be included in the EIA and incorporated in the feasibility study. 15 For the category A projects environmental impact study is prescribed by the laws of the Republic of Kosovo, especially The Law on Environmental Impact Assessment (NO.03/L-214). The mentioned legal act identifies projects for which, according to the Kosovo regulations, the EIA is mandatory as well as optional (request of the Competent Authority). The activities identified in the Annex I and Annex II (optional) of the Law on EIA would not be supported by the project21. Category B A proposed project is classified as Category B on the understanding that if it has potential adverse environmental impacts on human populations or environmentally important areas those are less adverse than those of Category A projects. These impacts are site-specific; few if any of them are irreversible; and in most cases mitigation measures can be designed more readily than for Category A projects. The scope of EA for a Category B project may vary from sub-project to sub-project like Category A EA, it examines the project's potential negative and positive environmental impacts and recommends any measures needed to prevent, minimize, mitigate, or compensate for adverse impacts and improve environmental performance. Category B+ For category B+ projects, the borrower is responsible for preparing a full EIA (depending on opinion given by Ministry of Environmental and Spatial Planning or the county office or a pre-EIA (simpler form EIA) that includes, as necessary, elements of the other instruments which may simply require specifying well-defined mitigating measures and adopting accepted operating practices. The sub-borrower would in parallel provide the techno-economic feasibility study of the sub-project. The costs of the mitigation measures would be included in the EIA or ESMP and incorporated in the feasibility study. Category B- Category B- projects require an EA to assess any potential future environmental impacts associated with the proposed project, identify potential environmental improvement opportunities and recommended any measures needed to prevent, minimize and mitigate adverse impacts. The scope and format of the EA will vary depending on the project, but will typically be narrower than the scope of EIA, usually in form of ESMP (full ESMP or ESMP Checklist). The scope of ESMP is defined in Annex 4. For the projects involving simple upgrades, reconstruction or adaptation of the buildings, ESMP Checklist would be used (see Annex 3). B- Category would include sub-projects that also: (a) involve working capital loans which include purchase and/or use of hazardous materials (e.g. pesticides) or (b) process improvement loans that involve purchase of equipment/machinery presenting a significant potential health or safety risk. A proposed project is classified as Category B- if its future environmental impacts are less adverse than those of Category A and B+ projects taking into account their nature, size and location, as well as the characteristics of the potential environmental impacts. Category C A proposed project is classified as Category C if it is likely to have minimal or no adverse environmental impacts and therefore requires neither an EIA nor an Environmental Analysis. Beyond screening, no further EA action is required for a Category C project. 21 https://gzk.rks-gov.net/ActDetail.aspx?ActID=2708 16 Environmental Environmental Documentation to be included in Sub-loan Category Application Package Rationale for the category Category C (Any official approval/permits if applicable) Category B- Any official approval/permits (if applicable) A) ESMP (annex 4); or B) ESMP Checklist (annex 3) Option 1) Any official approval/permits The statement of “EIA is not required” (if applicable) Pre-EIA report (if applicable) Category B+ ESMP (annex 4) Option 2) Stand-alone ESMP Institutional and Implementation Arrangements The Kosovo Ministry of Local Government Administration (MLGA) will be the responsible implementing agency for the project. The MLGA’s mandate is to support local autonomy and strengthen municipalities’ capacity for delivering cost-effective services to its citizens. The MLGA has not previously implemented a World Bank financed operation; it has the technical expertise, systems, and project management experience to effectively implement the proposed project, however, no experience in safeguards. To strengthen the capacity further the MLGA will also be supported by a team of specialists, including a project coordinator, financial management specialist, procurement specialist and Environmental Safeguards (SG) consultant. Environmental SG Consultant will be experienced in environmental management at infrastructure projects and preferably in Safeguards in WB or other international FI projects. The consultant will receive a half day training in ESMF and WB Safeguard Policies and Procedures form the WB Environmental Specialist. The MLGA’s key functions will include: (i) allocating incentive grants to municipalities earmarked for youth driven initiatives, (ii) contracting Facilitating Partner NGOs, (iii) providing no-objection for sub-projects to ensure compliance with project, fiduciary, and safeguards guidelines as well as overall responsibility for Project compliance with the SG WB policies, and (iv) M&E and knowledge dissemination. The MLGA will work closely with municipalities and facilitating partner NGOs to ensure the effective implementation of project activities. The MLGA will guide selected municipalities in managing and preparing calls for proposals. Municipalities will 17 support the MLGA’s efforts by matching 15 percent of their incentive grant allocations for youth driven initiatives. In addition, municipalities will be responsible for (i) chairing Grant Approval Committee meetings to evaluate and select youth driven initiatives, (ii) integrating youth action plans to municipal development plans for sustainability of youth programing, (iii) supporting the technical specifications of sub-projects when needed through municipal engineers, and (iv) overall support in sub-project implementation at municipal level. Municipalities will be required to provide physical space for consultations and youth stakeholders meetings. There are several NGOs, both local and international, with long-standing experience in implementing government or donor-funded projects that support youth activities in Kosovo, including in Serb-majority Northern Kosovo. Thus, it is realistic that the project can procure the services an experienced NGOs to provide the capacity building envisaged under Component 2 of the Project. WB Policies that Apply to the Project The WB environmental and social safeguard policies are indispensable to WB twin goals of fighting extreme poverty and boosting shared prosperity. The objective of these policies is to prevent and mitigate undue harm inflicted during the development process on to populations, their livelihood, and habitat. These policies provide environmental protection and compliance guidelines for WB and Borrowers/Clients in the identification, preparation, and implementation of programs and projects. According to World Bank Policies, project has been assigned an Environmental Category B meaning no significant impact to environment is envisaged from the implementation of the project activities. The sub-projects to be financed under the project may include: small rehabilitation/adaptation of the sport facilities, greening and park design, replacing of the equipment (doors, windows, roofs), outdoor leisure equipment, income generating ideas for small startups, training programs who generates income for non-inclusion youths (tailoring, languages, cv writings, online working networks for youths etc). As a result, small-scale civil works and potentially other activities are possible thus WB policy OP/BP 4.01 Environmental Assessment is triggered. The ten World Bank Environmental and Social Safeguard Policies and Procedures establish the requirements that the project will meet through the project life cycle, as follows: OP/BP 4.01 (Environmental Assessment) A proposed project is classified as Category B and triggers the policy due to the grant scheme that will support light civil works in youth related community infrastructure (e.g. rehabilitation and repair of youth centers, parks, classrooms, youth-friendly spaces in public buildings). These civil works may cause temporary and localized environmental impacts typical for such as dust and noise emissions, waste generation, traffic safety risks, Occupational Health and Safety (OHS) risks and other. To effectively manage environmental challenges in the implementation, the Implementing Institution MLGA drafted the Environmental and Social Management Framework (ESMF), which will be publicly consulted and finalized before the appraisal. An overall ESMF is prepared for the Project, following WB Policies and Procedures on consultation and disclosure, in advance of project appraisal. The ESMF sets procedures and guides sub-project screening and assessment, including preparation of Environmental and Social Management Plans (ESMPs) and/or ESMP Checklists in the course of the project that will also be publicly consulted before contracting works. To ensure capacities and resources are in place for their implementation, EAs (ESMP or ESMP Checklist) will be an integral part of bidding and contracting documentation. The ESMF eliminates category A, ineligible and high-risk projects as well as works in protected areas and those impacts cultural heritage. OP/BP 4.04 (Natural Habitats) - not triggered. This policy strictly limits the circumstances under which any Bank-supported project can affect or alter natural habitats (land and water areas where most of the native plant and animal species are still present) as well as parks, natural areas, or other declared protected areas. Projects must avoid, minimize, restore, or offset any activities that cause degradation of natural habitat. Projects that would cause significant conversion or degradation of critical natural habitat (legally protected areas, or those with high conservation value) are not eligible for funding. As the policy is not triggered, activities taking place in the protected and sensitive areas will not be funded. 18 Small scale interventions will take place due to the sub-project activities, intervention to sport halls or places for youth activities may take place in existing public buildings or urban green spaces (e.g. city parks) and will not include protected areas. Planned works will be of small scale and will use only existing facilities with no harmful activity. OP/BP 4.36 (Forests) is not triggered. This policy facilitates projects that include forest management including logging, planting, reforestation and similar. Activities under this project do not pertain activities that could impact forests. No scenario that could affect forests will be allowed as a rule, but, if removal of individual trees will be unavoidable, a permit from the competent authority (Kosovo Forest Agency) would be sought. OP/ BP 4.09 (Pest Management) – not triggered Pest Management policy is not triggered. There are no activities planned that include or require pest control or changes in the pest control, nor would they be supported. OP/BP 4.11 (Physical Cultural Resources) - not triggered There is no activity of this nature to take place under the project. As the policy is not triggered, ESMF does not allow activities that can impact protected buildings, archeological sites, religious objects and other cultural resources. As chance findings are unlikely, but possible, an adequate clause will be included to environmental assessment documentation providing management procedures (ESMP Checklists and site specific ESMPs). Procedures in the case of chance findings will follow the national procedures and decisions/opinions of the national competent body (Ministry of Culture, Youth and Sport). OP/BP 4.10 (Indigenous Peoples) NA, there are no indigenous peoples in the project area. OP/BP 4.12 (Involuntary Resettlement) Since the foreseen activities of the project/sub projects are the other nature to touch the involuntary resettlement. The project will not finance any new construction but could finance rehabilitation of public facilities to make them more appropriate for youth or equipment for youth activities. All rehabilitation activities will be conducted on public land. Given the public nature of youth infrastructure/facilities, the project does not anticipate voluntary land transactions. Sub-projects that may trigger the World Bank Policy OP 4.12 will be excluded by means of a screening process defined in the ESMF. The only social risk identified is related to targeting and outreach i.e. the project misses the most vulnerable youth segment in the selected municipalities. For this the project envisages that as a support to the PMU and selected Municipalities, specialized NGO/consultancy is hired to help with targeting, outreach and mobilization of the most vulnerable youth. OP/BP 4.37 (Safety of Dams) - not triggered. The project/sub – projects does not include activities related to dams. OP/BP 7.50 (Projects on International Waterways) - not triggered. Project does not support activities that could impact water bodies. OP/BP 7.60 (Projects in Disputed Areas) - not triggered. The location of project/sub-projects activities includes Northern Kosovo, which does not recognize the National 19 Government of Kosovo and where there may be limited accessibility for the PMU, MLGA as well as the WB team. However, based on several agreements and accords signed in 2012 and 2013, this policy would not apply. Nevertheless, risks associated with problem of limited access to the North of Kosovo needs to be recognized. National Legislation Overview & Environmental Social Management Framework This document serves as a framework for the social and environmental management of activities under the ‘Supporting Youth Inclusive Local Development in Kosovo” project funded by the JSDF. In the same time, national and local legislation need to be fully adhered to. If the WB policies and Kosovo national and local regulation differs, the stricter one prevails as a rule. Based on the Kosovo legislation two main institutions draft, enforce, and oversee implementation of environmental legislature and regulations in Kosovo: the Ministry of Environment and Spatial Planning (MESP) and Environmental Protection Agency (KEPA). Due to the civil works planned under the Component 1, this project may be a subject to the following Kosovo laws and regulations: • Law No. 03/L-025 on Environmental Protection; • The Law NO.03/L-214 On Environmental Impact Assessment • The Law on the Inspectorate of Environment, Waters, Nature, Spatial Planning And Construction (04/L- 175); • Law on Nature Protection (2010/03-L-233); • The Law on Construction No. 2004/2015; • The Law on Waste (2012); • Law on Noise Protection No. 02/L-102; • Law no. 04/L-147 on Waters of Kosovo; • Administrative Instruction MESP/01/2017 on release of the Municipal Environmental Permit. • Administrative Instruction MESP 01/2017 for the release of Municipal Environmental Permit; The Law on Environmental Protection 2002/8 is an umbrella act of Kosovo’s legal and regulatory environmental framework. The fundamental purpose of the present law is to establish a basic legal framework that will promote an increasingly healthy environment for the people of Kosovo through the gradual introduction of the Environmental Standards of the European Union22. The law addresses the prevention and reduction of pollution, environmental monitoring and highlights, among others, the principles of rational use of natural resources. Environmental pollution is subject to penalty by this law. This Law regulates, amongst other things, requirements and procedures for Environmental Impact Assessment (EIA). None of project envisaged activities possess such potential for adverse environmental impacts, nor they are listed in the Annexes I and II of the Law for which EIA would be mandatory or optionally required. The Law NO.03/L-214 On Environmental Impact Assessment regulates procedures for identification, assessment, reporting and administration of the environmental impacts of a proposed project, in order that during decision making process by the MESP for issuing the Environmental Consent, to provide all relevant information regarding the environment. All other works rehabilitations, reconstructions and small constructions do not require EIA according to national legislation. Therefore, for the type of activities planned under this Project no EIA of other type of environmental study is required under the national legislation (List of projects calling for EIA are available 22 http://www.gazetazyrtare.com/e-gov/index.php?option=com_content&task=view&id=109&Itemid=28&lang=en 20 at the following link: https://gzk.rks-gov.net/ActDetail.aspx?ActID=2708 ). Based on the legal framework on the regard to Administrative Instruction MESP/01/2017 on release of the Municipal Environmental Permit, Annex/List of activities that liable subjugates to the municipal environmental permit, activities under the project ‘‘Supporting Youth Inclusive Local Development in Kosovo” will not fall under the mentioned AI/MESP/01/2017. Law on Nature Protection (2010/03-L-233) regulates establishment and management of protected areas. Directorates for management of national parks, natural parks, and natural monuments of special importance are established by the MESP, while other categories of protected areas are run by municipality founded authorities. No activities funded under this project can be carried out in the protected areas which are listed at the following site: http://www.kuvendikosoves.org/common/docs/ligjet/2010-233-eng.pdf The Law on the Inspectorate of Environment, Waters, Nature, Spatial Planning and Construction (04/L-175) regulates the principles, organization and inspection supervision, coordination of surveillance inspection, rights, duties, powers of inspectors, rights, obligations and supervision entities, the procedure for performing inspection and other important issues dealing with inspection supervision. The scope of this Law deals with the duties and powers of inspectors under the supervision of environmental fields, water, nature, urban planning and construction within the bodies of local and central level including Municipal Inspectorate for Construction and Municipal Inspectorate for Environmental Protection. Under this law the State Inspectorate of Nature Protection carries out inspection supervision and control through inspection in the nature by implementing legal and sub- legal acts related to the protection of nature. Inspectorate for nature protection also carries out its duties and responsibilities in protecting nature, by harmonizing its activity with the requirements of the European Union for “NATURE – 2000” network. The Law on Construction No. 2004/2015 determines the main requirements for design, construction, and use of construction materials, professional supervision, as well as procedures for construction permits, use permits and building inspection. The provisions of this Law regulate the design and building conditions regarding the public safety and protection of environment in Kosovo, and they are also applicable to other building objects, unless provided otherwise by this Law or by administrative instruction23. Occupational Safety, Health and Working Environment Law (2003) pursues as its main objective prevention of occupational injuries and diseases at the workplace and to protect the working environment 24. It regulates working conditions at a workplace, rights of employees and employer obligations, in general. Nor does it specify those issues, except for general emergency situations like fire at a workplace, electrical hazards, and so on. It does not cover any specific issues related to infrastructure deployment. This Law will be fully applied in the sub-projects implementation. The Law on Waste (2012), a National Strategy on Waste Management and a Five-Year Plan on Waste Management (2013-2017) with actions based on the Strategy form the core of the solid waste management (SWM) legislature. Per this legislature, Kosovo has established a regionalized waste collection and disposal system. Most recently, it has initiated changes to the system of billing and collection that are intended to improve the financial performance of the sector25. MESP issues waste management permits, permits for export, import, and transit of waste, and manages hazardous waste. As far as licenses for waste landfill management are concerned, one or more municipalities, by agreement, may determine and use the location on their territory for the construction of waste management facilities and equipment. If municipalities cannot reach agreement for setting a common site for waste management, the decision will be taken by the MESP on the basis that conditions have been fulfilled, according to this Law. Minister of MESP may undertake additional measures for the management of certain types of waste, if waste and operations with waste endanger the environment and human health, and there are additional requirements for the implementation of provisions of the international agreements, to which the Republic of Kosovo is obliged. 23 http://www.unmikonline.org/regulations/unmikgazette/02english/E2004regs/RE2004_37_ALE2004_15.pdf 24 http://www.gazetazyrtare.com/e-gov/index.php?option=com_content&task=view&id=83&Itemid=28&lang=en 25 http://documents.worldbank.org/curated/en/282091494340650708/pdf/Kosovo-SCD-FINAL-May-5-C-05052017.pdf 21 Local government (municipalities) are responsible for issuance of local plans on waste management, determination of location for the municipal waste management needs etc., according to the spatial plan, and determination of fees for collection and disposal of municipal waste. By the Law, they are also responsible for selecting licensed persons (through the application of procurement procedures) for collection, gathering, storage and transportation of solid waste, municipal, voluminous wastes, from construction and demolition of buildings and commercial buildings within their territory. Kosovo Landfill Management Company (KLMC) manages sanitary landfills of municipal waste. Hazardous waste is managed according to the provisions of the Law on Waste, i.e. MESP is mandated to manage the hazardous waste, in cooperation with respective Ministry. Measures to be taken on hazardous waste are elaborated by a 5-year National Strategy on Waste Management. The purpose of the Law on Noise Protection No. 02/L-102 is to avoid, prevent or reduce on prioritized bases, the harmful effects, including annoyance, due to exposure to noise, in the environment. This piece of legislature provides a basis for developing measures to reduce noise emitted by the major sources, in particular road and rail traffic aircraft, outdoor and industrial equipment, mobile machinery and for other sources of environmental noise pollution and annoyance26. Kosovo has an elaborated regulation of protection of cultural heritage: The Constitution, together with the Law on Cultural Heritage, the Law on Special Protective Zones (including the Law on the Historic Centre of Prizren and the Law on Hoça e Madhe/Velika Hoča), the Law on the Village Zym i Hasit, the Law on Freedom of Religion, the Law on Expropriation, the Law on Construction, the Law on Institutions of Culture, and the Law on Local Self-Government; and other laws such as the Law on Spatial Planning and the Law on Archives, sub- legal acts such as on the Implementation and Monitoring Council (IMC), set up in accordance with the Law on Special Protective Zones and other administrative acts ensure the special protection of cultural and religious heritage of Serbian Orthodox Church in Kosovo, as well as provisions of European cooperation, and international cultural heritage standards and best practices, including the ones promoting cultural and religious diversity and dialogue27. Besides, Kosovo has a National Strategy for Cultural Heritage (2017-2027)28, the first goal of which is to advance the legal and institutional framework in this field. None of the monuments listed in the national list of protected cultural heritage can be included or impacted by the project. In the case of chance findings, the project will rely on the national regulation and follow set procedures defined in the legislation. Potential Environmental Impacts In consultation and research analyses in institutional level related to impact of the project to environment – Ministry of Environment and Spatial Planning (MESP) and referring to the multitask impact to abovementioned law bases, the conclusion was made that the possibility of this project to have negative impact or to affect environment is low. However, if not mitigated, adverse impacts, mostly typical for light civil works, may take place. In addition, the list of potential sub-projects is not fully defined and other types of impacts are possible. Environmental Impacts of the sub-project will be typical for small scale civil works: • Dust emissions from transport carrying workers and materials; • Dust from earthworks, uploading and unloading materials, removal of walls, plasters, insulation, and other construction elements; • OHS risks from working in heights, heavy machinery and driving, risks of accidents tripping and falling, neglecting safety equipment and clothes, procedures or warning signs; • Noise emissions from transport and heavy machinery; • Waste generation – small amount of construction waste will be generated mostly during the rehabilitation of the sport hall or any small correction/construction works (if any) It might be the case of some amounts of small amount of the cements waste, or other building materials, ceramics, or other, but in any case will be obeyed the WB Policies and national laws about the treatment of the waste disposal regarding during the small scale construction works. • Impact to soil will be very limited, however, some spills and leakages of fuel, oils, paint etc. are possible; 26 http://www.gazetazyrtare.com/e-gov/index.php?option=com_content&task=view&id=268&Itemid=28&lang=en 27 http://mkrs-ks.org/repository/docs/eng_strategy_for_heritage.pdf 28 http://mkrs-ks.org/repository/docs/eng_strategy_for_heritage.pdf 22 • Impact to water – no impact to water is envisaged, some small scale is possible from limited spills of hazardous liquids; • Impact to nature is not envisaged since no works will take place in protected areas and works are limited civil works. In the case of works in open spaces, e.g. rehabilitation of parks, approval of competent authorities for removal of greenery and individual trees will be obtained. In re-greening, only native plant species will be used. Mitigation Measures Potentially adverse effects expected from the project activities will be minimized by strict application of national and local environmental legislation, ESMF procedures and guidelines and EA defined measures and monitoring. ESMP Checklist will be prepared by the Applicant for the typical light civil works, while ESMP will define measures, distribute responsibilities, envisage budget and prepare monitoring plan for all other activities with potential to adversely impact the environment or human health, if any. Impacts identified in the previous chapter are localized to a small area, of reduced severity, easy to mitigate with measures typical for reduction of impacts in civil works: • Dust emissions will be curbed by using construction chutes, regular cleaning of working area, roads, vehicles and machinery as well as keeping the site wet or/and protected from wind (e.g. with wind screens). The dusting transported load will be covered as well as stockpiles. • Workers will wear protective clothes (hardhats, gloves, etc.) and equipment at all times. • Open fires will be strictly prohibited and so will any type of animal disturbance (poaching, capture for trade and other), collection of herbs, forest food, timber and other forest products. • All legally required permits have been acquired for rehabilitation, other types of civil works and other activities. • All work will be carried out in a safe and disciplined manner designed to minimize impacts on neighboring residents and environment. • Construction routes are clearly defined. • Working site should occupy only the surfaces necessary for works to be carried out. • During the construction, workers must be limited to areas under construction and the access to surrounding open area must be strictly regulated. • Work during the night will be avoided if possible, especially in the vicinity of settlements. In the case there will be night works appropriate permissions should be obtained. • The terrain at the working site has to return to its pre-works condition, if not possible than it will be adequately rehabilitated. • Waste collection, separation, transport and further processing is carried out in accordance with national waste legislation. Full list of measures for light civil works is defined in the ESMP Checklist. Environmental Assessment An Environmental Assessment (EA) is a process aiming at recognizing aspects of a particular activity that can produce risks for the environment and human health, predicting, evaluating and mitigating its potential impacts making sure they are minimized, if elimination is not feasible. The purpose of EA is to improve quality of decision-making by recognizing environmental impacts/consequences early in the sub-project preparation process, so that they can be incorporated into the sub-project design as well as timely prevented or mitigated in the implementation and operation phases. The scope of EA depends on the environmental category attached to each sub-project, the scope of the sub- project activities as well as features of the sub-project location, though the purpose of any type of assessment is to identify ways of environmentally improving the proposed activities by minimizing, mitigating, or compensating for their adverse impacts. EA, for the purposes of this and other projects supported by the WB, include Occupational Health and Safety (OHS) risks as well as risks related to preservation of cultural physical heritage (chance findings in this case). EA results are presented in the environmental assessment report, reflected in identified environmental risks (related to specific types of sub-project activities) and coupled with adequate measures. The measures present methods, techniques, procedures and other ways of improving sub-projects environmentally by 23 minimizing, mitigating or compensating for adverse impacts. An EA also describes the steps that were taken for public consultation. EAs envisaged for activities under this project are ESMP Checklist and ESMP. Draft ESMP Checklist template for light civil works that are expected to be the most common infrastructure related activity is prepared as an integral part of ESMF and available in the Annex 3. ESMP Checklist template (containing mitigation measures and monitoring plan) will be adjusted to each individual B- civil works sub-project envisaged in the Checklist. In addition, it will define supervision and reporting responsibilities and the timeline. ESMP will be produced for all other sub-projects and activities that have not been envisaged by the ESMP Checklist, but may produce potential negative impacts to the environment or human health. Environmental Review All sub-projects under the grant scheme as well as all activities that include physical investments or may have negative environmental impacts will undertake the environmental review process presented below: STEP 1: The Applicant (final beneficiary) prepares and submits an initial sub-project design under the call for proposal together with the Environmental Risk Assessment Questionnaire (available in the Annex 2). Grant Approval Committee screens the application and forms the preliminary list of successful Applicants. PMU (Environmental Consultant) screens the sub-project in line with the ESMF (and based on design, Environmental Risk Assessment Questionnaire and other information) screens out sub- projects that are A category, high risk, on exclusion lists, ineligible or triggering WB policies other than OP/BP 4.01 and forms the final list of successful Applicants that is now sent for the evaluation. Environmental Consultant prepares Screening Reports and informs the Applicant of follow-up requirements and EA required for sub-loan processing (a site-specific ESMP or ESMP Checklist, templates available in the ESMF; justification why EA is not needed for C category sub-projects is presented in the Screening Report). Screening results are communicated to the WB. At this time, it is the responsibility of the Applicant to initiate discussions with the PMU and/or other competent authority in order to fulfill any local and national environmental and other requirements (such as, for example, an opinion on the environmental permit or EIA (if any needed), construction permit and/or other official approval/permits). STEP 2: The Applicant prepares EA (ESMP or ESMP Checklist) for B category sub-project and submits to PMU for review and approval. PMU (Environmental Consultant) provides comments. The Applicant also fulfills national and local regulation requirements, if applicable. STEP 3: If requested, the Applicant revises the ESMP/ESMP Checklist in line with PMU comments/requirements (and consults with PMU when necessary) and resubmits. PMU approves EA when satisfied with the quality and compliance with ESMF and national regulation. First 3-5 ESMP Checklists and all site-specific ESMPs are a subject to WB approval. STEP 4: All EAs will be consulted in accordance with national and WB policies (as defined in the chapter Disclosure and Consultations). STEP 5: The Applicant incorporates the relevant consultation comments into the EA upon which the document is final. The recommendations provided in the assessment are further reflected in the sub- project design and implementation plan, including associated estimated costs. A grant contract with Applicant cannot be signed prior to finalization of the EAs (ESMP and ESMP Checklist). EA (ESMP Checklist or ESMP) becomes a part of bidding and contracting documentation (this is a responsibility of institutions procuring the works). STEP 6: The Contractor implements EA. The institution procuring the works (MLGA or the Applicant/final beneficiary e.g. NGO), monitors the implementation of the EA mitigation and monitoring plan and regularly reports to the PMU (Environmental Consultant). PMU supervises the EA implementation (including making site visits) and reports to WB in EA implementation and project progress reports (and 24 ESMP implementation reports for specific projects if previously agreed with the WB Environmental Specialist), in accordance to the reporting schedule. Grievance Redress Mechanism The SYILD Project will establish GRM within 6 months of Project effectiveness to address any concern related the project that anyone can bring. The project will establish a project website where all relevant project information will be available such as progress reports, safeguard reports, events, activities, etc. The project website will have contact information of the PMU/Project Staff specialist or ministry staff to whom grievance can be submitted as well as description and GRM procedures. The possibility to submit a grievance through the website will be also communicated through the Project’s information sessions, public consultations, and community roundtables with all concerned stakeholders, through the social media channel (a Facebook page), and indicated in the publicity materials (e.g. press releases, blogs) and the printed materials produced under the Project. Additionally, the information about GRM will be available at the local government sites where the sub- projects are being implemented. Responsible staff member PMU/Project Team will be assigned to receive and respond to the grievance. If the grievance could be addressed by the PMU, then the PMU director will follow up with the actions to be taken to address the grievance. If the grievance response depends on other institutions than the PMU staff (e.g. MLGA, WB) will make inquires and respond to the complainer. In the case the second criteria is not fully met, the PMU specialist will still make further inquiries (with or without contacting the complainant) as well as corrective measures and provide feedback to the complainant. In the case the complaint is anonymous, the feedback will be provided on the Project web-site. Annually, the PMU shall be tasked to discuss in a public consultation the grievances received over the course of the year and report on which measures have been taken or plan to be taken in response to this critical feedback. Minutes of this consultation shall be posted on the Project website. Monitoring of ESMF Compliance and Reporting The ESMP Checklist and site specific ESMPs, upon consultations and finalization, will be included to bidding and contracting documentation. This is the obligation of the subject procuring the works (MLGA or the Applicant), however, the ultimate responsibility is of MLGA (PMU). For execution of slight small infrastructure works and other infrastructure or any activities that can produce adverse environmental impacts related to Youth Initiatives it is a duty of the works Contractor to implement the mitigation and monitoring measures defined in the EA (ESMP Checklist or ESMP) and to report the progress and status to PMU quarterly or in the timeline agreed in the EA document. Environmental Consultant will perform regular supervision of the ESMP Checklist/ESMP implementation through on spot/check visits to the Youth Initiative/NGO-activities and regularly report to PMU on environmental (ESMP, ESMP Checklist) compliance. While reporting is periodical, the significant incompliances will be reported to PMU immediately. The mitigation measures proposed by PMU will be implemented in a certain timeframe. In the case the sub-project (Contractor, Applicant) fails to implement corrective measures, further steps will be taken until the measures are in place (or in the well assessed cases will be quit the sub-project). These steps can include ceasing the payments until the compliance is achieved. PMU reports environmental compliance to the WB in the regular project implementation reports, unless agreed differently (e.g. if the sub- project that require ESMP). Disclosure and Consultations ESMF will be disclosed on the MLGA website in English, Albanian and Serbian language for 14 days with hard copy available to public at premises. At the same time call for comments will be issued (also through MLGA webpage) and consultation meeting will be held (on Wednesday, 12th of December 2018, at 11:00 a.m. in Government Building, MLGA premises 13 Floor, meeting room no. 1331). During the consultation will be required as well for written comments and will provide both postal and email address for sending comments and suggestions. All written comments and questions raised in the public consultation will be addressed, then summarized (as minutes) and will be attached to ESMF as annex. Only then ESMF can be considered as final and 25 redisclosed. The minutes of public consultation in Annex 8 reflect the process and the outcome of public consultation and disclosure. ESMP and ESMP Checklists will be prepared and disclosed in English and Albanian (as well as Serbian language in municipalities with Serbian minority). It will be disclosed on the MLGA website and/or website of the municipality where the activity is exercising the impact for 14 days (hard copy available at the respectful Municipality). Call for comments will be issued in parallel. Relevant comments will be reflected in the final version of ESMP Checklist. Stand-alone ESMP will follow the ESMF disclosure and consultations procedures (including the public consultations meeting). 26 ANNEXES ANNEX 1 - RESPONSIBILITIES AND KEY PARTICIPANTS Participant Activity Supporting Documentation MLGA (PMU) • Preparing ESMF for SYILD, from MLGA / local; • ESMF; • Supervise the sub projects implementation; • ESMP/ESMP Checklists with • Monitoring the (ESMF and/or ESMP monitoring plan with supporting Checklist) implementation (including site- annexes; visits) and providing corrective measures; • Periodic reports and sub- • Environmental screening; project completion report; • Reporting to WB on ESMF (ESMP, ESMP • Environmental reporting within Checklist) implementation; regular progress reports; • Include the all EA safeguard policies to • Periodic monitoring reports. all project/sub-projects doc. As well as sub project manual; • Coordination & Implementation of the overall project; • Finalize the environmental screening form; • Prepare and publicly consult the ESMF; • Monitoring/supervise & Evaluate compliance with ESMF mitigation plans/measures; • Coordination with stakeholders: institutions, municipalities, civil society, NGO, Youth Initiatives; • Coordination with other donors during the implementation of the project. Applicant (final • Preparing Environmental Questionnaire; •Reporting docs beneficiary) •Preparing EA, including the monitoring plan; •Ensuring EA is implemented; •Reporting EA implementation to the PMU; •Keeping environmental documents and records (e.g. Municipal decision of waste disposal site, waste manifests, etc.) • Carry out a training for PMU/MLGA staff WB (IBRD) regarding ESMF/environmental review • Document status of project procedures, • implementation in Implementation • Carries out prior and post reviews Status and Results reports and the • Supervises overall Project mission Aide-Memoires environmental compliance 27 ANNEX 2 – ENVIRONMENTAL & SOCIAL RISK ASSESSMENT QUESTIONNAIRE for INFRASTRUCTURE (even slight infrastructure) Name of the section: No Environmental Risk Questions Yes/No Not Details/Notes Known 1 What type of works will be contracted for sub – project activities? 2 Will there be only repair slight work/rehabilitation of buildings other small-scale civil works or other type of activities? 3 Will the installation of equipment or other small correction going to take place under the sub-project and what nature? 4 If using existing premises, please provide detailed description which and how. 5 If the sub-project is a part of planned new infrastructure, please provide description which and how. 6 Is the section (sub-project) located in the protected area? 7 Are any protected species using the area anytime of the year (whether a PA or not)? 8 What type of protected area (PA)? (level, and reason for protection) 9 Is the sub-project located in or potentially affects archeological or cultural heritage site? 10 Is the nature of the site: - Coastal/Riparian, - Urban, - Agricultural, - Industrial, - Other specific – please specify in the ‘Notes’ column? 11 Is there a right of way issue or need for land acquisition? 12 Does the sub-project require environmental permits, EIA or other type of EA under the national legislation? 13 Does the sub-project require specific public consultations under the national legislation? 14 Is generation of larger quantities of hazardous waste (asbestos, compact fluorescent lamps, lead paint debris, oil/fuel- contaminated equipment such as old boilers or diesel tanks, etc.) or special types of waste (radioactive lighting rods) expected as a result of the subproject? 15 Will there be a procurement of chemicals? 16 Other remarks/issues 28 ANNEX 3 – ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN CHECKLIST TEMPLATE Introduction The Project will achieve its Development Objective regarding the socio-economic inclusion of at least 3,000 disadvantaged youth (ages 15-29) in vulnerable communities in Kosovo through civic engagement activities The project will achieve its socio-economic development objective through three components: 1. Youth Driven Community Development; 2. Youth Stakeholders Training; 3. Project Management and Administration, M&E and Knowledge Dissemination. Apart of the soft activities such as delivering trainings to the disadvantages stakeholder youth groups, non- experienced NGO/individuals to develop their skill etc. that are not expected to have any negative environmental impacts, activities under the 1st Component Youth Driven Community Development also envisages small scale civil works such as renovations, refurbishment and similar. This ESMP Checklist is providing environmental measures and monitoring plan for these works addressing typical and localized impacts. Potential environmental impacts The overall environmental impacts of the Project are expected to be of manageable, temporary and of local impact as they are related to small scale civil or earthworks mainly in urban areas. These impacts most commonly include, but are not limited to: a) Dust and noise due to excavation, transport, demolition and rehabilitation works; b) Management of construction wastes c) noise emissions d) risks related ot occupational health and safety. Sub-project activities and environmental impacts Checklist ESMP Checklist ESMP is applied for minor rehabilitation or small-scale building construction. It provides “pragmatic good practice” and it is designed to be user friendly and compatible with WB safeguard requirements. The checklist-type format attempts to cover typical mitigation approaches to common civil works contracts with localized impacts. The checklist has one introduction section and three main parts: • Introduction or foreword part in which the project is introduced, environmental category defined, and checklist ESMP concept explained. • Part 1 constitutes a descriptive part (“site passport”) that describes the project specifics in terms of physical location, the institutional and legislative aspects, the project description, inclusive of the need for a capacity building program and description of the public consultation process. 29 • Part 2 includes the environmental and social screening in a simple Yes/No format followed by mitigation measures for any given activity. • Part 3 is a monitoring plan for activities during project construction and implementation. It retains the same format required for standard World Bank ESMPs. It is the intention of this checklist that Part 2 and Part 3 be included as bidding documents for contractors. ESMP Checklist (Parts 1-3) will be updated and supplemented for each sub-project as needed to comply with the ESMF. Application of the EMP-Checklist The design process for the envisaged civil works under the Project will be conducted in three phases: 1) General identification and scoping phase, in which locations or the objects (e.g. youth centres, etc.) for rehabilitation are selected and an approximate program for the potential work typologies elaborated. At this stage, Part 1, 2 and 3 of the Checklist ESMP are filled. Part 2 of the Checklist ESMP can be used to select typical activities from a “menu” and relate them to the typical environmental issues and mitigation measures. 2) Detailed design and tendering phase, including specifications and conditions. ESMP Checklist is revised according to the known design details at this stage. As such, the Checklist is presented to the public, prior to the tendering procedure. This phase also includes the tender and award of the works contracts. The whole filled in tabular ESMP (Part 1, 2 and 3) should be additionally attached as integral part to the works contract as well as supervision contract, analogous to all technical and commercial terms, has to be signed by the contract parties. 3) During the works implementation phase, environmental compliance is checked on the respective site by the site certified inspector(s) / supervisor(s), which include the site supervisory engineer and/or Environmental Consultant in the PMU and relevant inspection services from Ministry of Environment. The mitigation measures in Part 2 and monitoring plan in Part 3 are the basis to verify the Contractor’s compliance with the required environmental provisions. Monitoring and Reporting For the monitoring of the Contractor’s safeguards due diligence, the site supervising engineer works with Part 3 of the ESMP Checklist, i.e. with the monitoring plan. Part 3 is developed site specifically by the user of funds and in necessary detail, defining clear mitigation measures and monitoring which can be included in the works contracts, which reflect the status of environmental practice on the construction site and which can be observed/measured/ quantified/verified by the inspector during the construction works. Part 3 would thus be updated and revised during the design process to practically reflect key monitoring criteria which can be checked during and after works for compliance assurance and ultimately the Contractor’s remuneration. PART 1: INSTITUTIONAL & ADMINISTRATIVE Country Project title Scope of project and activity 30 Institutional Project management arrangements (Name and contacts) Supervision Implementation arrangements (Name and contacts) SITE DESCRIPTION Name of site Describe site location Annex 1: Site information (figures from the site) [ ]Y [ ] N Who owns the land? Geographic description LEGISLATION Identify national & local legislation & permits that apply to project activity PUBLIC CONSULTATION Identify when / where the public consultation process took place INSTITUTIONAL CAPACITY BUILDING Will there be any [ ] N or [ ]Y if Yes, Annex 2 includes the capacity building information capacity building? 31 PART 2: ENVIRONMENTAL /SOCIAL SCREENING Will the site Activity Status Additional references activity A. General requirements for all [ ] Yes [] No See Section A below include/involve works any of the following: B. Rehabilitation of buildings [ ] Yes [ ] No See Section A, B below C. Rehabilitation of parks [ ] Yes [ ] No See Section A, C below D. Purchase of chemicals [ ] Yes [ ] No See Section A, D below ACTIVITY PARAMETER MITIGATION MEASURES CHECKLIST A. General Notification and a) Providing information to local population about the scope and Conditions Worker Safety time of commencement and time of duration of construction activities by preparing Notification which will be placed on the municipality notice board and on the municipal web page and through other means, if needed, to ensure the local population is well informed; b) Local construction and environmental/nature protection inspectorates are informed of works before the start; c) All needed permits/opinions/permissions are obtained before the commencement of works (including construction and other); d) All work will be carried out in safe and disciplined manner; e) Workers personal protective clothes and equipment are available in sufficient quantities and are worn/used at all times; f) Workers must be adequately trained, certified and experienced for the work they are performing (e.g. for works in heights); g) Open pits are covered and clearly marked when not worked on; h) Ensure the appropriate marking and informational board of the reconstruction site i) Marking out the site for temporal storage of the reconstruction material near the site j) Providing warning tapes, fences and appropriate signage informing danger, key rules and procedures to follow. k) Forbidden entrance of unemployed persons within the warning tapes and fences when/where deem needed. l) The surrounding area near the sports hall should be kept clean 32 ACTIVITY PARAMETER MITIGATION MEASURES CHECKLIST m) Machines should be handled only by experienced and appropriately trained personnel, thus reducing the risk of accidents; n) All workers must be familiar with the fire hazards and fire protection measures and must be trained to handle fire extinguishers, hydrants and other devices used for extinguishing fires o) Devices, equipment and fire extinguishers should be always functional, so in case of need they could be used rapidly and efficiently. First aid kits should be available on the site and personnel trained to use it. p) Procedures for cases of emergency (including spills, accidents, etc.) are available at the site. q) Sanitary facilities (toilets) must be provided for workers. r) Purchased equipment will be installed and used respecting all safety measures prescribed by the producer of equipment and best practices. Air Quality a) Construction site, transportation routes and materials handling sites should be water sprayed on dry and windy days. b) Construction materials should be stored in appropriate places covered to minimize dust c) Vehicle loads likely to emit dust must be covered. d) Restriction of the vehicle speed to the reconstruction location. e) Roads are regularly swept and cleaned at critical points. f) Keep the topsoil and stockpiles separate. Protect with sheets/fences in the case of windy weather. g) Locate stockpiles away from drainage lines, natural waterways and places susceptible to land erosion. h) All loads of soil are covered when being taken off the site for disposal. i) Ensure all transportation vehicles and machinery have been equipped with appropriate emission control equipment, regularly maintained and attested. j) Ensure all vehicles and machinery use petrol from official sources (licensed gas stations) and on fuel determined by the machinery and vehicles producer. k) There will be no excessive idling of construction vehicles at sites. Transport and materials a) Coarse aggregate in concrete and filling of trenches applied management and used in rehabilitation need to conform to durability and 33 ACTIVITY PARAMETER MITIGATION MEASURES CHECKLIST gradation requirements. The aggregate must be virgin (not used previously) and preferably locally produced. b) Mineral resources (aggregate, sand, gravel, etc.) are procured only from licensed companies with valid concessions for extraction/exploitation. The companies can prove H&S measures and environmental management is in place. Noise a) As it is a urban residential area (driving through the town to the site) the level of noise should not exceed 55dB during the day and evening and 45dB during the night b) The construction work will not be permitted during the nights, the operations on site shall be restricted from 7.00h to19.00h (agreed in the permit). c) During the operations the engine covers of generators, air compressors and other powered mechanical equipment should be closed, and equipment placed as far away from residential areas as possible. d) Pumps and other mechanical equipment should be effectively maintained. Water and Soil Quality a) Prevent hazardous spillage coming from waste (temporary waste storage should be leakage protected and those for hazardous or toxic waste equipped with secondary containment system, e.g. double walled or bunded containers). b) If hazardous spillage occurs, curb and remove it, clean the site and follow procedures and measures for hazardous waste management. c) In the case of any run-off coming from works area possibly contaminated by hazardous substances shall be collected on site to a temporary retention basin and transported to an adequate licensed waste water treatment plant. d) Install/provide and maintain of proper sanitary facilities for workers. The wastewater from these sources should be transported to proper waste water treatment facilities. e) Prevent hazardous spillage coming from tanks (mandatory secondary containment system, e.g. double walled or bonded containers), construction equipment and vehicles (regular maintenance and checkups of oil and gas tanks, machinery and vehicles can be parked (manipulated) only on asphalted or concrete surfaces with surface runoff water collecting system. f) Working site run-offs with possible charge with suspended matter should be filtered before spillage to natural flows. g) Water, and other components, in concrete mixture shall be clean and free of harmful chemicals. 34 ACTIVITY PARAMETER MITIGATION MEASURES CHECKLIST Waste management The good waste management practice will be applied including: a) Identification of the different waste types that could be generated at the reconstruction site and its classification according to Law No.04/L-060 (The Law on Waste) b) Containers for each identified waste category are provided in sufficient quantities and positioned conveniently. c) Waste collection and disposal pathways and licensed landfills/processing plants will be identified for all major waste types expected from demolition and construction activities. For management of hazardous wastes, instructions/guidelines from Ministry of Environmental Protection and Spatial Planning will be sought and followed. d) Mineral (natural) construction and demolition wastes will be separated from general refuse, organic, liquid and chemical wastes by on-site sorting and temporarily stored in appropriate containers. Depending of its origin and content, mineral waste will be reapplied to its original location or reused. e) All construction waste will be collected and disposed properly by licensed collectors and to the licensed landfills (or licensing processing plant). f) The records of waste disposal will be regularly updated and kept as proof for proper management, as designed. g) Whenever feasible the contractor will reuse and recycle appropriate and viable materials. Discarding any kind of waste (including organic waste) or waste water to the surrounding nature or water-bodies is strictly forbidden. h) Collect, transport and final disposal/processing of the communal waste by a licensed company; i) The construction waste should be promptly removed from the site and re-used if possible; j) The incineration of all waste at site or unlicensed plants and locations is prohibited. k) Waste disposal site will be defined by the written approval from the Municipality or other competent authority (e.g. MESP). l) Existing air-conditioning units are not to be refilled or emptied. If discarded, must be handled by specialized licensed companies. 35 ACTIVITY PARAMETER MITIGATION MEASURES CHECKLIST Safety of traffic a) Traffic regulation plan is prepared and implemented in coordination with Municipality and competent authority (traffic police); b) Traffic will be regulated in the safe manner. Safety of pedestrians will be ensured by use of safe-passages. c) Safety and regulation notification, signage and signage will be used appropriately. Soil erosion a) In the case of spills, the polluted water must be contained to prevent further contamination and transported to a waste water treatment plant. b) Vehicles and machinery can be parked, washed and maintained only at designated areas with impermeable surface with a collection and treatment system (oil and grease separator), c) Protection of sediments spread by fences and barriers. Chance findings of archaeological any a) Working area, site camp, etc. should be located away from cultural and the heritage and archeological sites. historical artefacts b) Adequate care and awareness rising shall be taken to enlighten construction workers on the possible unearthing of archeological relics; c) Works will be stopped, responsible authorities notified in line with the national regulation and their instructions followed. Works will start again only once relevant authorities have provided their guidance and clearance. Improper toxic material storage a) Store all materials in original containers in adequate (including locations, which allow for leak-proof storage and in leak- hazardous wastes) proof containers. and use may cause b) There will be no storing of a large amount of fuel at the pollution of air, soil site. or water c) Ensure workers are familiar with safety regulations and storage requirements for each product. d) Provide absorbents for spills at site. In the case of an accident curb the spill and remediate the site. Waste is to be treated as hazardous. e) Follow MSDS instructions when handling chemicals; f) Chemicals and hazardous wastes are placed in safe and secured place safe from spilling. 36 ACTIVITY PARAMETER MITIGATION MEASURES CHECKLIST g) . Emergency preparedness a) Emergency Preparedness Plan is prepared and communicate it to the employees. b) Ensure familiarity with networks in the proximity of the site. c) In case of accidental disruption, immediately stop all works, notify proper authorities in the region and emergency remediation of damaged network in line with the requirements of the national legislation and Emergency Preparedness Plan. d) Provide firefighting equipment and training for employees B. Community safety a) Ensure safety of building users e.g. provide safe passages Rehabilitation and protection from falling objects. of buildings b) Timely inform users of premises and neighboring communities of upcoming works. c) In the case the traffic will be interrupted, organize alternative ruts in cooperation with the Municipality. C. Nature protection Rehabilitation a) Pouching, disturbance of animals, collection of herbs and of parks forest food is strictly prohibited. b) Open fires are strictly forbidden. c) There will be no littering. d) Before works, the area must be checked for dens and nests. e) Minimize the working area and use only what is necessary. f) No logging is allowed. If it is unavoidable, a permit from the competent authority must be obtained. g) Only native plants can be used in replanting. h) All waste and other materials as well as equipment must be removed by the end of works. i) Avoid works during nesting season. D. Purchase of a) Chemicals are purchased form the licensed distributor chemicals only. b) Pesticide are not purchased. c) Chemicals are placed in safe and secured place safe from spilling. 37 ACTIVITY PARAMETER MITIGATION MEASURES CHECKLIST d) Chemicals are managed and used in accordance with the Material Safety Data Sheets (MSDS) and handled only by appropriately trained and experienced personnel. 38 PART 3 : MONITORING PLAN Where How When Why Cost What Who (Is the parameter (Is the parameter (Define (Is the parameter (If not included (Parameter (Is Phase to to th being in wil responsibl b b e frequency / or monitored?) projec l be monitored?) e for e e continuity?) t budget) monitoring?) monitored?) monitored?) Preparation / To ensure the legal Supervisor of works All required permits (e.g. supervising At the city Inspection of all aspects of the are obtained before Before works start engineer or another administration required documents rehabilitation works start. activities authorised/appointed person), PMU / Supervisor of works Public and relevant Inspection of all To ensure public (e.g. supervising institutions are Contractor’s premises Before works start necessary documents awareness engineer or another notified authorised/appointed person), PMU To prevent health and / Supervisor of works Safety measures for safety risks – (e.g. supervising Visual checks and mechanical injures workers, employees On site Before works start engineer or another reporting and to provide safe and visitors authorised/appointed access and mobility person), PMU Implementation To ensure Safe traffic flow and Visual checks and On site Random checks coordinated traffic / Supervisor pedestrian safety Reporting flow Visual checks and To prevent health and reporting safety risks – Work safety On site Unannounced Random checks mechanical injures / Supervisor inspections during and to provide safe work access and mobility 39 Site is well organized: fences, To prevent accidents On site Inspection Random checks / Supervisor warnings, sign / postage in place. At the safe Inspection of the To improve the waste temporary management at local Supervisor Collection, transport transport lists and the location on and national level/ and hazardous waste conditions of the Random checks construction site Hazardous waste do / (if any) in separate waste containers and not be dispose to any containers storage space landfill Do not leave the solid waste on the Supervisor Visual monitoring construction site and to Collection, transport At and around the and inspection of the avoid negative impact and final disposal of Random checks to the local / site transport lists of the the solid waste environment and the contractor local inhabitants health Air pollution Random checks, Upon Supervisor To ensure no At and around the Visual inspection for complaint parameters of dust, or negative excessive emission / site dust particulate matter inspection finding during works To determine whether Monitoring on the Supervisor the level of noise is At and around the level Upon complaint above or below the / Level of noise site of noise dB (with or inspection finding permissible level of suitable equipment) noise Operation At and around the Visual, document Regularly Sufficient number of Applicant Waste management PMU site checks containers is at the site, waste is being disposed to the Municipality defined location, waste records are kept 40 ANNEX 4 – ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN TEMPLATE A project's environmental and social management plan (ESMP) consists of the set of mitigation, monitoring, and institutional measures to be taken during implementation and operation to eliminate adverse environmental and social impacts, offset them, or reduce them to acceptable levels. The plan also includes the actions needed to implement these measures. Management plans are essential elements of EA reports for Category A projects; for many Category B projects the EA may result in a management plan only. To prepare a management plan, the recipient and its EA design team (a) identify the set of responses to potentially adverse impacts; (b) determine requirements for ensuring that those responses are made effectively and in a timely manner; and (c) describe the means for meeting those requirements. More specifically, the ESMP includes the following components: Mitigation The ESMP identifies feasible and cost-effective measures that may reduce potentially significant adverse environmental impacts to acceptable levels. The plan includes compensatory measures if mitigation measures are not feasible, cost-effective, or sufficient. Specifically, the ESMP; (a) Identifies and summarizes all anticipated significant adverse environmental impacts (including those involving indigenous people or involuntary resettlement); (b) Describes with technical details each mitigation measure, including the type of impact to which it relates and the conditions under which it is required (e.g., continuously or in the event of contingencies), together with designs, equipment descriptions, and operating procedures, as appropriate; (c) Estimates any potential environmental impacts of these measures; and (d) Provides linkage with any other mitigation plans (e.g., for involuntary resettlement, indigenous peoples, or cultural property) required for the project. Monitoring Environmental monitoring during project implementation provides information about key environmental aspects of the project, particularly the environmental impacts of the project and the effectiveness of mitigation measures. Such information enables the recipient and the Bank to evaluate the success of mitigation as part of project supervision, and allows corrective action to be taken when needed. Therefore, the ESMP identifies monitoring objectives and specifies the type of monitoring, with linkages to the impacts assessed in the EA report and the mitigation measures described in the ESMP. Specifically, the monitoring section of the ESMP provides(a) a specific description, and technical details, of monitoring measures, including the parameters to be measured, methods to be used, sampling locations, frequency of measurements, detection limits (where appropriate), and definition of thresholds that will signal the need for corrective actions; and (b) monitoring and reporting procedures to (i) ensure early detection of conditions that necessitate particular mitigation measures, and (ii) furnish information on the progress and results of mitigation. Implementation Schedule and Cost Estimates For all three aspects (mitigation, monitoring, and capacity development), the ESMP provides (a) an implementation schedule for measures that must be carried out as part of the project, showing phasing and coordination with overall project implementation plans; and (b) the capital and recurrent cost estimates and sources of funds for implementing the ESMP. These figures are also integrated into the total project cost tables. 41 Mitigation Plan Construction Phase Responsibility Cost associated Period of Expected Proposed for with Implementing Activity Environmental Measure for Implementing implementation Mitigation Impact Mitigation Mitigation of mitigation Measure Measure measure 1. 2. … Operation Phase 1. 2. … Monitoring Plan Construction Phase What Where How When By Whom How much Parameter Is the Is the Is the Is the parameter is the cost is to be parameter parameter to parameter to to be associated with monitored? to be be be monitored monitored– implementation monitored? monitored (timing and (responsibility)? of monitoring (what should frequency)? be measured and how)? 1. 2. … Operation Phase 1. 2. 42 ANNEX 5 – MINUTES OF THE ESMF CONSULTATION MEETING I. Publication of the Environment Social Management Framework and notification on the public disclosure meeting announced on the web site of the Ministry of Local Government Administration, on 30th of the November 2018, in three languages (follow the link in English for this doc), https://mapl.rks-gov.net; https://mapl.rks- gov.net/en/publications/; The invitation for the public consultation meeting, of 12th December has been sent to 10 preliminary selected Municipalities, to the Ministry of Environment and Spatial Planning, Agency for Environment Protection and Ministry of Culture, Youth and Sport; furthermore all mentioned stakeholders are contacted by phone to remind them on the meeting; II. The term for public disclosure ended on 14th December 2018; III. Public discussion was held on 12th December 2018 at the Ministry of Local Government Administration; IV. Meeting`s Agenda: 1. Presentation of Environmental Management Framework in hard copy and with presentation in PPT; 2. Public discussion; 3. Summary Presentation of Environmental Management Framework Designed ESMF was elaborated from the start with the presentation (13 slides, PPT) and after the presentation of the document it was opened page by page for discussion, but mainly in the parts where the participants wanted the little bit more explanation. This Environmental Social Management Framework (ESMF) describes procedures that the implementing institutions assigned and also the beneficiaries should follow during its implementation in order to meet requirements of the World Bank Safeguard Policies and ensure adequate addressing of the environmental and resettlement issues as may become necessary in the course of project implementation, and also in line with the national law. The main interest from the participants during the meeting was regarding the Laws mentioned under the national branch and was proposed also to include the Law no. 04/L-147 on Waters of Kosovo. Presentation content: • Introduction of the Project objective and its components; • Ineligible activities; • Exclusion list; • Environmental Screening; • Sub project activities and environment impact-Check list ESMP • World Bank Policies that apply to the project; • National Legislation Overview & Environment Social Management Framework; 43 • Application of ESMP Checklist; • Environmental and Social Management Plan. Public discussion • The public discussion included answers and questions on the ESMF procedures, its restrictions and opportunities in context of the planned actions. • The discussion was held in form of exchange of opinions, questions, answers, comments and clarifications of items under the ESMF/Project. • Also a participant was interested regarding the role of the project to the activities for youth regarding the touristic and protected areas how will be developed. But in the exchange of opinions based on the ESMF the other participant was very transparent and elaborating and in the same time showing that (how) they are familiar with the content of the ESMF. The most outstanding issues elaborated were the following: 1. Is it needed to do the Strategic Assessment on Impact to Environment29 for each project or Municipality? R; the project will be delivered in slight form and will be invested just sub-projects under the clear idea with no environmental impact (excluding the A category projects) based on the category of the project (category B), since the project nature will be in line with the frame inside the ESMF. 2. Can protected zones be financed, e.g small restauration in touristic sites?30 R: The project objective is to improve the socio-economic inclusion of at least 3,000 disadvantaged youth (ages 14-29) in vulnerable communities in Kosovo through civic engagement activities. Conclusion: The anticipant/representatives had no objection to the ESMF and did not provide any crucial remark on the content. All participants in the meeting expressed their positive approach toward the project implementation and welcomed the meeting as very necessary to be more familiar with the ESMF for implementation of the sub-project implementation inside the Municipalities in the frame of this document. In addition in the respective period (until the 14th of December 2018) there were not received any other comments or objections on Environmental Social management Framework. Prishtina, 15th December 2018 29 After the ESMF consultation, the participants received the following additional explanation in writing: Post- Strategic Assessment on Impact to Environment’ will not be prepared done for any of the sub-projects, only Environmental Assessment (mostly ESMP Checklist, available in the ESMF) and only for the B category (some environmental impact). 30 After the ESMF consultation, the participants received the following additional explanation in writing: No activities in the nature protected areas can take place (as OP/BP 4.04 Natural Habitats is not triggered for the project). 44 List of participants: 1. Ylber Kastrati Mamusha, Municipality 2. Cafer Morina Mamusha, Municipality 3. Besarte Kryeziu Rama Malisheva, Municipality 4. Nderim Krusha MLGA 5. Afrim Berisha Agency for Environment Protection 6. Naim Alidema Ministry of Environment and Spatial Planning 7. Biondina Kleqka Rahovec, Municipality 8. Qemal Krasniqi Rahovec, Municipality 9. Tafil Peci Mitrovica, Municipality 10. Lumnije Azemi MLGA 45 Notification on the website of MLGA 46 List of attendants 47 48