ENVIRONMENTAL and SOCIAL MANAGEMENT FRAMEWORK for Kosovo Digital Economy Project Ministry of Economic Development 1 Contents Introduction ............................................................................................................................................ 5 Kosovo Basic Facts ............................................................................................................................ 7 Project Objectives and Components .................................................................................................... 12 Lines of Financial Support ................................................................................................................... 14 Line of Financial Support for Investment ........................................................................................ 14 Line of financial support for deployment of broadband internet connectivity ............................. 14 Line of financial support for MED executed sub-components..................................................... 18 Line of Financial Support for Capacity Building ............................................................................. 19 Environmental management capacity building ............................................................................ 19 WB Policies that Apply to the Project ................................................................................................. 20 National Legislation Overview ............................................................................................................ 21 Eligible and Non-eligible Investment .................................................................................................. 25 Deployment of broadband infrastructure ......................................................................................... 25 Installation/construction of antennas, towers and monitoring stations, Rehabilitation of monitoring center ................................................................................................................................................ 26 Enabling NREN connections. .......................................................................................................... 27 WB policies exclusion...................................................................................................................... 27 Environmental Screening Categories ................................................................................................... 29 Environmental Assessment .................................................................................................................. 31 Social Assessment ................................................................................................................................ 32 Grievance Redress Mechanism ........................................................................................................ 32 Addressing Environmental Risks ......................................................................................................... 33 Impacts to the Environment ............................................................................................................. 33 Mitigation Measures ......................................................................................................................... 33 Monitoring Environmental Compliance .............................................................................................. 35 Disclosure and Consultations ............................................................................................................... 36 Environmental Review Process ........................................................................................................... 37 ANNEX................................................................................................................................................ 39 ANNEX 1 - Responsibilities and Key Participants .......................................................................... 39 ANNEX 2 – Environmental Risk Assessment Questionnaire for Broadband Infrastructure Deployment – ISP Implemented ...................................................................................................... 40 ANNEX 3 - Environmental Management Plan Checklist Template ............................................... 41 ANNEX 4 – Environmental and Social Management Plan Template ............................................ 62 ANNEX 5 – Minutes of the ESMF Consultation Meeting(s) .......................................................... 77 2 Acronyms ARKEP Regulatory Agency for Electronic Communications and Postal Services Bank World Bank DE digital economy EA environmental assessment ERP Economic Reform Programme (of Kosovo) ESMF Environmental and Safeguards Management Framework ESMP Environmental and Social Management Plan EU European Union GDP gross domestic product GoK Government of Kosovo GRM Grievance Redress Mechanism GRS Grievance Redress Service (of the World Bank) HEI higher educational institutions H&S Health and safety 3 IBRD International Bank for Reconstruction and Development (of the World Bank Group) ICT information and communication technologies IDA International Development Association (of the World Bank Group) IPF Investment Project Financing ISPs internet service providers IT information technology KODE Kosovo Digital Economy Project M&E monitoring and Evaluation NDS National Development Strategy 2016-2021 (of Kosovo) NGAs Next generation access networks NREN national research and educational network NSMS National Spectrum Management System OECD Organisation for Economic Co-operation and Development OP / BP Operational Policies / Bank Procedures PPP purchasing power parity SCD Systematic Country Diagnostic TA technical assistance WB World Bank WBG World Bank Group WeBa Western Balkans WoW Women in Online Work Pilot YOU Youth Online and Upward Program 4 Introduction The Kosovo Digital Economy (KODE) Project was initiated by the Government of Kosovo (GoK) as part of its KODE Programme, which aims to enhance access and use of ICT through the extension of broadband infrastructure throughout uncovered areas, strengthening human capital and supporting digital businesses and digitalizing of other businesses. The KODE Programme, which arose as a result of the World Bank and Ministry of Economic Development of Kosovo (MED) dialogue, is reflected in Kosovo Economic Reform Programme (ERP) 2018-2020 and in National Development Strategy (NDS) (measure #30 ‘Deployment of information and communication technology infrastructure’). Furthermore, the National Investment Council (NIC) has included the KODE in its Priority (infrastructure) Projects List using the Investment Clause1. Support for the KODE Project was requested from the World Bank (WB) in October 2017 on the understanding that a number of the KODE Programme activities will be financed under the IDA loan for a period of five years. All of these activities are unique and have never been implemented in Kosovo before. The beneficiaries are diverse and numerous (over 200,000 inhabitants), including rural communities, research and innovation community, internet service providers, and underemployed youth. This Environmental Social and Management Framework (ESMF) has been prepared by the Telecommunications, Post, and IT Department of MED, mandatory under 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 guides the client on the environmental due diligence procedures including EAs and environmental management in all phases of the project cycle. All sub-projects to be financed under the KODE Project, including financing broadband internet infrastructure, construction/installation of fixed monitoring stations (including antenna towers and antennas), rehabilitation of central control room in Pristina and NREN enabling infrastructure (installation of optical network cables) will be subjected to an environmental review process incorporating the procedures described in this document. The MED will use these procedures in (i) environmental management of MED implemented sub- projects and in (ii) reviewing and appraising selected Inetrnet Service providers (SPs) sub-projects, and to inform ISPs and Contractors of environmental requirements for sub-loan appraisal, so that sub-projects (a particular section to be connected by a ISP) can be implemented in an environmentally sound manner. These procedures and requirements incorporate Kosovo’s environmental legislation, construction laws and sub-laws and the World Bank’s safeguard policies2. All Project activities must comply with the national regulation and WB Policies, the stricter prevailing as a rule. Two types of financing will be considered under the KODE Project: financing of (a) working capital, and (b) investment. The environmental review procedures, carried solely for the investment sub-projects, essentially consist of environmental screening, Environmental Assessment (EA), environmental management planning, mitigation measures and monitoring of compliance with the plan of actions recommended for mitigating environmental risks. The Environmental Screening will be carried out by the MED for all projects at an early stage in sub-loan review to determine the appropriate environmental category for the proposed sub-projects. Based on the 1 During 2015, the GoK, in agreement with the IMF, introduced the so-called “investment clause�; an opportunity that allows additional spending over the deficit of 2% of GDP associated with development projects with an impact on economic growth financed by IFIs. The concept 'investment clause " exactly means: ‘Relaxation of the Fiscal Rule limiting the budget deficit, and hence borrowing to finance public investment projects (...) that will enable the government to enter into negotiations with the IFIs and donors to finance capital projects of public importance that will directly and indirectly impact the development of the private sector'. Medium-Term Expenditures Framework, Ministry of Finance, 2017-2019, http://www.kryeministri- ks.net/repository/docs/Medium_Term_Expenditures_Framework.pdf On 3 August 2016, Kosovo National Investment Council adopted the revised Investment Clause where it has included expansion of broadband network infrastructure for covering rural areas, schools, hospitals as one of its priority projects 2 World bank Safeguard Policies - Environmental Policies, Social Policies, Legal Policies and Bank Disclosure Policy; www.worldbank.org/safeguards 5 outcome of screening, an Environmental Assessment (EA) respective to the attached environmental category will be applied to proposals. The users of funds (MED and ISPs for their sub-projects respectively) will be responsible for preparing required EA (ESMP or ESMP Checklist) and for confirming that any clearances necessary for the proposed sub-projects are obtained from the relevant authorities as prescribed by the national legislation and that is in line with the World Bank procedures as described in this document. Overall responsibility for environmental compliance of the KODE Project lies with MED. Depending on the attached environmental category, that for this project can be B or C and the location features, the EA includes one of the following: a) an Environmental and Social Management Plan (ESMP), c) a simplified environmental assessment, so-called ESMP Checklist, or d) a justified statement that no EA is required. The implementation of the ESMPs is responsibility of Contractors while will be monitored by the MED and ISPs respectively. The overall review, approval, and supervision process carried out by ISPs will additionally be monitored by the MED. Sub-projects that are A ond/or high-risk or require EIA under the Kosovo’s Law on Environment will not be financed. Overall, the environmental procedures applied to the sub-project cycle and responsibilities of key parties are described in detail below. 6 KOSOVO BASIC FACTS Kosovo is Europe’s youngest country. After its experience as part of the former Yugoslavia, Kosovo became a separate territory under United Nations (UN) administration in 1999, and, in 2008, it declared independence. The country has since made considerable socioeconomic progress, benefiting from international support and its own considerable diaspora. With its policies directed to the overarching political objective of European integration, it aspires to become a member of the European Union (EU). However, because its international status has not yet been resolved, its economic development is confronted by unique difficulties in areas such as transport, telecommunications, agriculture, banking, and insurance. Causing further problems are smoldering domestic and regional tensions, and issues with the application of the rule of law, and emerging participatory democracy3. Demographically, Kosovo is also currently Europe’s youngest country. Kosovo has a population of 1.8 million. The average age is about 26, and around 38 percent of the population is younger than 20. The population thus represents a resource for the country’s future prosperity. Unlike most European countries, Kosovo is not confronted by the fiscal and economic pressures caused by an aging population, and a young, well-trained labor force could be a comparative advantage for boosting productivity, moving into modern economic sectors, and, ultimately, accelerating economic growth. However, so far, Kosovo’s growth model has been unable to make much of a dent in the high rates of unemployment; provide formal jobs for more of its people, particularly women and youth; and reverse the trend of outward migration, which offers the principal opportunity for the young, the highly skilled, and the well-educated4. Country Overview 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, which makes it 168th country by size in the world. 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 m5. 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)6. 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 levees7. 3 https://www.cia.gov/library/publications/the-world-factbook/geos/kv.html 4 Ibid. 5 Ibid. 6 https://www.eea.europa.eu/soer-2015/countries/kosovo 7 http://pdf.usaid.gov/pdf_docs/Pnact349.pdf 7 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 adapted8. 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 operations9. 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 enterprises10. Kosovo's citizens are the second poorest in Europe, after Moldova, with a per capita GDP (PPP) of $10,400 in 2017. An unemployment rate of 33%, and a youth unemployment rate near 60%, in a country where the average age is 26, encourages emigration and fuels a significant informal, unreported economy. Emigration remains challenging, however, because Kosovo lacks visa-free travel to the EU. Most of Kosovo's population lives in rural towns outside of the capital, Pristina. Inefficient, near-subsistence farming is common - the result of small plots, limited mechanization, and a lack of technical expertise. Kosovo enjoys lower labor costs than the rest of the region. However, difficulties in contract enforcement, and unreliable electricity supply have discouraged potential investors. The official currency of Kosovo is the euro, and its tie to the euro has helped keep core inflation low11. 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 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 plants12. 8 http://pdf.usaid.gov/pdf_docs/Pnact349.pdf 9 http://documents.worldbank.org/curated/en/282091494340650708/pdf/Kosovo-SCD-FINAL-May-5-C-05052017.pdf 10 https://www.cia.gov/library/publications/the-world-factbook/geos/kv.html 11 Ibid. 12 Ibid. 8 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 continue13. 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 way14. Protected Areas (PAs) of Kosovo The national network of protected areas consists of 116 nature areas (or 10.9% of the country’s territory15). The greatest territory of protected area is taken up by the “Sharri� and “Bjeshket e Nemuna� National Parks.16 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 categories17. See the below map for visual representation of the protected areas18. 13 https://www.cia.gov/library/publications/the-world-factbook/geos/kv.html 14 https://www.cia.gov/library/publications/the-world-factbook/geos/kv.html 15 http://www.landscapeonline.de/wp-content/uploads/DOI103097-LO201545.pdf 16 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]. 17 https://www.eea.europa.eu/soer-2015/countries/kosovo 18 http://www.landscapeonline.de/wp-content/uploads/DOI103097-LO201545.pdf 9 Source: Kosovo Environmental Protection Agency (2015) 10 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 Kosovo19. 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 from 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 dust20. 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 Kosovo21. 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 silviculture treatment, especially pre-commercial thinning in the young stage of forest development is required to bring the forests back into the desired management and growth22. 19 http://unesdoc.unesco.org/images/0013/001344/134426e.pdf 20 http://documents.worldbank.org/curated/en/282091494340650708/pdf/Kosovo-SCD-FINAL-May-5-C-05052017.pdf 21 Ibid. 22 Ibid. 11 Project Objectives and Components The Project Development Objective (PDO) for the Kosovo Digital Economy (KODE) Project is to improve access to better quality and high-speed broadband services in project areas and to online knowledge sources, services and labor markets among citizens, and public and academic institutions. The KODE Project will achieve its development objective through two main sets of activities: (1) expanding access of Kosovars to high-speed and better quality digital infrastructure and (2) support Kosovars to take advantage of regional and global DE opportunities, especially for income generation, research, and learning, thus triggering the growth of a DE in Kosovo. The KODE project will be structured in three main components: Digital Inclusion, Digital Works and Empowerment, and Project Implementation Support, per Figure below. Figure: The KODE Project components and sub-components Component 1: Digital Inclusion. This component will ‘crowd in’ private investments to expand high-speed broadband connectivity in those areas of Kosovo where market failures have been identifiedi and improvement of quality of mobile services through more efficient spectrum management and monitoring. Importantly, by expanding the high-speed broadband connectivity across the country, including in rural areas which are most vulnerable to climate change, the activity will help enable improvements in early warning systems through support to better communication between disaster-prone areas and relevant public agencies during and post disasters. Sub-component 1.1: Financing of Digital Connectivity. This sub-component will co-finance (1) deployment of high-speed broadband infrastructure on technologically neutrality grounds to cover: (a) unconnected (‘white’) settlements across the country, and (b) unconnected public institutions in the same settlements; and (2) provision of technical assistance and capacity building activities for ARKEP and MED to strengthen the enabling policy, legal, and regulatory environment to support the rollout of high-speed broadband infrastructure on open-access and non-discriminatory terms and development of digital economy. Objective of this sub- component is to ‘crowd-in’ private investments in areas that will not be served by the market itself, through public co-financing arrangement. Specifically, the Project will allocate funding to ISPs that request the least amount of public co-financing to connect the selected unserved settlements (incl. households and public institutions) to download/upload speeds of at least 100 Mbps, which can be further upgraded in the future. Exact geographic locations have been identified and are in process of being re-confirmed and mapped. 12 Sub-component 1.2: Improving the enabling environment for digital connectivity . This sub-component will finance National Spectrum Management System (NSMS) to ensure efficient spectrum managementii in the country. Specifically, activity will finance deployment of hardware and software elements (e.g. towers and antennas), set up (launch) of the system (including set up of a control center and launch of the spectrum management software), and training for ARKEP on the usage and maintenance of NSMS management and monitoring equipment and software. NSMS will be operated by ARKEP in accordance with its mandate under the Law. Component 2: Digital Work and Empowerment. This component will finance activities to: (i) train and link local un-/underemployed youth, and especially women, to digital work, (ii) raise awareness of households connected to high-speed broadband internet under sub-Component 1.1 about digitally enabled work and learning opportunities; and (iii) support set up of NREN in Kosovo and its connection to GÉANT network. Sub-component 2.1: Youth Online and Upward. This sub-component will finance the training and connectioniii of young people nationwide to online IT freelancing opportunities while proactively ensuring enrolment of women. The Program will skill beneficiaries to work online, including to perform basic IT and IT-enabled services as online freelancers. It will build on the successes and lessons learnt from WoW pilots in Kosovo. It is planned to skill up to 2,000 beneficiaries (which is about 10x of the number covered in the two phases of the WoW pilots and about 1/3 of total employment in the ICT sector in Kosovo), although economies of scale may eventually enable more participants to benefit from the program. It is expected that through this training the beneficiaries will increase their employability also in the local ICT market. Sub-component 2.2: Increasing access to knowledge, information, and services. This sub-component will finance: (1) Provision of support to (i) set up a National Research and Education Network (NREN) to improve access of students, researches and educators of Higher Educational Institutions (HEI) in Kosovo to knowledge, research networks and (ii) connect NREN to the GÉANT network; and (2) Provision of support to increase use of online labor market information and services to improve information flows about work opportunities, through targeted awareness raising and information sharing activities in underserved or unconnected areas identified in Sub-component 1.1 of the Project. A second stream of activities will aim to increase the use of online services that improve access to information and services related to the labor market, seeking to improve local information flows about work opportunities (e.g. countering the perception among men that are inactive in the labor market that “no work is available�, or increasing information about family care options among women). Through these activities the Project will pursue a customized approach with an aim to reach more women, which will result in more female beneficiaries, thus contributing to addressing the existing gender gap in labor market participation and, consequently, the gender gap in employment. The feedback received at the information sessions will be channeled to PIU for follow-up actions and as part of the M&E framework. Component 3: Project Implementation Support. This component will finance project management activities (including environmental safeguards management), fiduciary management, strategic communications, monitoring and control functions, M&E (evaluation) functions, and citizen engagement (CE). In addition to financing the core team of the KODE PIU, the Project will include communications and CE support to raise awareness and acceptance of the different KODE activities, and increase the level of engagement around them among target beneficiaries, key stakeholders, and population at-large. Such support will entail organization of private-sector consultations, community roundtables, press events, basic publicity (through the Project- specific webpage), and two-way communication through a social media channel. Through concentrated communications and CE activities the Project will aim to close feedback loops by garnering citizens’ feedback on various Project aspects, feeding it into the Project implementation, and reporting back to citizens on how their feedback was acted on. 13 Lines of Financial Support LINE OF FINANCIAL SUPPORT FOR INVESTMENT The KODE Project will be financed through a US$25 million equivalent IDA credit to the GoK. The project will use the Investment Project Financing (IPF) instrument of the WB. A breakdown of the project financing allocation by component is included in Table 2 below. The project will be fully financed through the IDA credit with no additional counterpart funds or co-financing expected. It is nevertheless anticipated that the project funds will leverage investment from other sources, notably the private sector investors bidding for contracts under Subcomponent 1.1. The KODE IPF is part of the wider Kosovo Digital Economy (KODE) Programme of the GoK. The Programme “aims to enhance access and use of ICT through the extension of broadband infrastructure throughout uncovered areas, strengthening human capital and supporting digital businesses and digitalizing of other businesses�. Retroactive Financing. The GoK has allocated resources from its own budget for MED to pilot and prepare some activities in advance of Board approval. However, at the moment no civil works and physical investments are planned under the retroactive financing arrangement. From the perspective of financial arrangement and management, including environmental, there will be two types of sub-projects financed under the project: 1st type of sub-projects will be implemented by ISPs as final users of funds. This type of sub-project is financed under sub-component 1.1 and supports only broadband infrastructure deployment, and 2nd type of sub-projects consists of all those that will be implemented by MED and includes various activities under sub-components 1.2 and 2.2: installation of monitoring stations (including construction of towers for antennas), rehabilitation of a central control room, and NREN network installation. Line of financial support for deployment of broadband internet connectivity Deployment of broadband internet connectivity is the centerpiece of the KODE Project and is thus its most expensive sub-component. Its outline is in the Sub-component 1.1: Financing of Digital Connectivity, according to which the GoK will co-finance deployment of high-speed broadband infrastructure on technology neutrality grounds to cover: (a) unconnected (‘white’) settlements across the country, and (b) unconnected public institutions, especially healthcare and educational institutions, i.e. primary and secondary schools, in the same settlements. The Financing arrangements will follow the maximize financing for development (MFD) approach, proposed by the WB, within a competitive telecommunications market. As such it will ‘crowd-in’ private investments in areas that will not be served through purely market-based approaches, through public co-financing arrangement23. This is expected to maximize the impact of public investments in digital development. Specifically, the Project will allocate funding to ISPs that request the least amount of public co-financing to connect the selected unserved settlements (incl. households and public institutions) to download/upload speeds of at least 100 Mbps, which can be further upgraded in the future. Exact geographical locations have been identified and are in process of being re-confirmed24 and mapped. 23 Specific procurement arrangement is under discussion with MED and MOF and to be confirmed before the Appraisal; alternatives for procurement arrangement are Matching Grants scheme or Viability gap financing mechanism (model to provide resources to improve the viability of the projects that are regarded as economically justifiable, but otherwise ‘unbankable’ and challengi ng to finance) 24 This is being carried out by MED. Additionally, prior to the identification of each lot as eligible for public co-financing, a consultation meeting with ISPs will be held in order to confirm that there are no approved investment plans for the upcoming three years for the lot in question (per EU’s State Aid for Broadband Guidelines, at: http://eur- lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2013:025:0001:0026:EN:PDF) 14 The main stakeholders in the process In the context of implementation of sub-Component 1.1, there are multiple stakeholders: (i) Internet Service Providers (ISPs) that are direct beneficiaries (recipients of public co-financing); (ii) End users (households and public institutions) from the target cadastral zones, where the high-speed broadband networks will be deployed, who will be eventually using the services; (iii) central government (represented by multiple institutions) who is the Client of the funds and is implementing the project using these funds; (iv) local authorities (municipality governments) representing the political will of the population from the target cadastral zones; and (v) the World Bank. There are 54 registered ISPs in Kosovo, the majority of whom are operating in rural areas. Among them is one state-owned ISP – Kosovo Telecom (or VALA). Any ISP would be eligible to benefit from public co-financing, provided they have been awarded a tender under this Project and have completed the works to the satisfaction of the GoK and the WB. The end users, currently estimated at 61 156 individuals, are rural inhabitants of the 266 target cadastral zones across 27 municipalities. Subject to available funding, this number can change and include population from more cadastral zones. The central government, or GOK, is represented by the following institutions: The Ministry of Finance (MOF) is the Client of the KODE Project and the main interlocutor with the World Bank. The Ministry of Economic Development (MED) is the implementing agency under this Project and houses the Project Implementation Unit (PIU). Overall, the Ministry has the responsibilities to develop policies and legislation for the provision of services and facilities in the sector of telecommunications and information technology. In the field of telecommunications, the Ministry monitors compliance with the European standards covering tariffs and fees, quality of service and technical standards; develops policies to promote competition and better services for consumers. The Regulatory Authority of Electronic and Postal Communications (ARKEP) will be consulted under the Project, as needed, on the matters related to its regulatory mandate. Overall, ARKEP is responsible for implementing the telecommunications sector policy issued by GoK in compliance with the relevant legislation; adopting regulations and instructions under the Electronic Communications Law; issuing licenses and authorizations for the provision of electronic communications networks and services in Kosovo, and management of the numbering and spectrum resources. As financing of the activities under this sub-Component will be channeled based on the outcome of the public tenders, the public procurement authorities of Kosovo will be involved. While there are many public procurement authorities25 in the country and institutions having a role in public procurement26, it is the Public Procurement Regulatory Commission (PPRC) that will play the biggest role. Municipality governments from across Kosovo (currently from 27 municipalities) will be involved in the process insofar as the digging permit authorization is concerned. In those target cadastral zones where no concrete poles have been installed, the digging of the roads will be required to deploy high-speed broadband networks. Municipality governments are the owners of the local roads and will be approached by winning ISPs (awardees of public tenders under this Project) for issuance of the digging permit. The World Bank (WB), through International Development Association (IDA), is the financier of the KODE Project. 25 The Public Procurement Regulatory Commission (PPRC), the Procurement Review Body (PRB), and the Central Procurement Agency (CPA). 26 The Treasury Department in the Ministry of Finance, OAG, the Anticorruption Agency, Kosovo Institute of Public Administration (KIPA), Kosovo Competition Authority, State Aid Commission. 15 The matrix of responsibilities under sub-Component 1.1. of the main stakeholders in the process is briefly outlined in the below table. (R) (I) Stakeholder Name Interest in the Project (A) Accountable (C) Consulted Responsible Informed Government of Kosovo Client - - X X Ministry of Economic Implementing Agency X X - - Development End users (population) Beneficiaries - - X X ISPs Direct beneficiaries X X - X Procurement oversight, World Bank financing and timely - - X X implementation Oversight, timely Municipalities where approval of digging investments are being - - X X permits (if needed to planned deploy infrastructure) Eligible activities The eligible activities are envisaged to comprise the deployment of open access high-speed broadband networks to enable high-speed broadband connections and advanced services of electronic communications for households, businesses and public institutions located in areas (in the 266 target cadastral zones, with possible extension to new cadastral zones, subject to available/additional funding) still not covered by high- speed broadband infrastructure, through supporting/co-financing with state funds the expansion of this infrastructure. The borrowed funds will therefore be channeled to co-finance the construction of open access high-speed broadband infrastructure in identified areas to enable upload/download broadband connection of at least 100 Mbit/s speed (symmetrical supply) or more for all households (residential houses) and provide free broadband internet services to public institutions - school and health institutions in those areas. In the context of telecommunication networks, “open access� usually means access granted to other service providers for wholesale services in the local access network, which enables them to offer services to customers without having the need to own the network. Wholesale products are offered at various levels throughout the network infrastructure based on the type of open access model: Passive infrastructure with open access such as pipelines, ducts, pylons, optic cables and wave lengths provide other telecommunication operators the possibility to use this passive infrastructure and install own infrastructure to provide services. Apart from provisions and proceedings of this ESMF, the operators will not be limited in their design options as long as they meet the service quality requirements. Eligible works in Protected Areas (PAs) will not include installation of pylons, or any other new infrastructure: (i) the works in the protected areas will be fully compliant with WB policies, national legislation and having full attention of national competent authorities, including those managing the particular PA, (ii) no work will be allowed in the critical habitats, (iii) no antennas, towers, new earthworks, fixed monitoring stations, mobile monitoring stations and no installations that are falling outside existing installations, are allowed in PAs, (iv) no workers’ base will be set in PAs, and (v) specific nature protecting measures (to be incorporated to ESMPs) will be requested from competent authorities (Kosovo Environmental Protection Agency, Ministry of Environment and Spatial Planning, PA management authority). Active infrastructure with open access as Ethernet layer 2 and IP layer 3 enable the service providers which provide residential, business and other public services to use together the active infrastructure to provide certain services. 16 In this regard, eligible activities under this sub-component are envisaged to include the financing of telecommunications infrastructure assets and the small-scale earth and installations works. Infrastructure assets refer to the electronic network equipment needed to operate the passive infrastructure and operational support systems needed to commercialize the high-speed broadband network. Passive infrastructure includes physical elements needed to build the high-speed broadband network. This includes, for example, optical fibers, ducts, pipes and pillars where the high-speed broadband network is placed. Passive infrastructure also includes optical distribution frames, patch panels, etc27. It is important to note that if any of the buildings (e.g. healthcare facilities and schools or private) located in the target 266 cadastral zones, which are envisaged to be connected to broadband internet under subcomponent 1.1, belong to Kosovo’s cultural physical heritage, in the process of connecting these buildings to broadband connectivity only existing infrastructure will be used, with no works authorized to be performed on the building itself. Engaging conditions Awardees of the public tenders28 under the KODE Project (ISPs) are envisaged to receive support from the GoK in no more than 50% of the total cost of building the required infrastructure. The award is envisaged to be granted to the most economically advantageous responsive tender determined by the weighted criteria, determined by MED. To be eligible to engage in the project an ISP, beyond presenting the most economically advantageous offer, is envisaged to prove through documentary evidence its specific capability and expertise in relation to this tender. Once the tender has been awarded and once the contract entered into force, the awardee is envisaged to guarantee the sustainable supply of services, despite the passage of time and market development, at the same level, and the services provided to users must be similarly advanced in terms of future technology, safe and affordable as at the time of selection of the winning bid of this project. The high-speed broadband network infrastructure built under this Project will remain property of the winning operator that has developed the network. Selection process The selection process shall be carried out through a public tender according to the Public Procurement Law (Law No. 04/L-042 on Public Procurement of the Republic of Kosovo, amended and supplemented with the law No. 04/L-237, law No. 05/L-068 and law No. 05/L-092) and procurement rules issued on its basis, as well as in accordance with the requirements in the Procurement Regulations for IPF Clients: Goods, Works, Non- Consulting Services and Consulting Services dated July 1, 2016; ‘Guidelines on Preventing and Combating Fraud and Corruption in Projects Financed by IBRD Loans and IDA Credits and Grants’ revised as of July 1, 2016; and provisions stipulated in the Financing Agreement of the KODE Project. The contracting authority shall be MED. The submission of the tender package is envisaged to include the detailed plan for the development of high- speed broadband infrastructure in a given cadastral zone(s) and a financial offer. Since the KODE is funded through the credit from the IDA, under subcomponent 1.1. the ISPs will be obliged to prepare the Environmental Safeguards Management Plan (ESMP) or ESMP Checklist, depending on the protection status of the area encompassed by the project activities. The ESMP/ESMP Checklist is a part of bidding and contracting package. Each tenderer is envisaged to describe in a non-discriminating manner, the mandatory characteristics of the object of the contract, such as: quality, quality assurance, performance, terminology, design requirements, symbols, dimensions, testing and test methods, safety, packaging, marking, labelling. Technical specifications 27 Importantly, retail services come into play after the construction and installation of passive and active layer. This layer relates to Internet services and other managed services, provided to subscribers and businesses. 28 Each tender will tender out one lot (cadastral zone) or group of lots (several cadastral zones). It is expected that around 66 separate tenders will be carried out during the 5-year period of the KODE Project, or 12-15 tenders during the first 18 months. 17 will have to be established in a manner that is both consistent with the purpose of the procurement and directed at providing the greatest possible access to all potentially interested economic operators. The list of requirements that tenderers shall meet to have their bids accepted for review, reviewed, and deemed the winning will be outlined in the tender documentation. The tender validity period is envisaged to be 90 days. How financing is organized It is expected that public co-financing will trigger private sector (ISP) contributions in the amount of about US$14 million for the deployment of high-speed broadband internet infrastructure to connect 266 target cadastral zones (approximately 61 156 of rural inhabitants). The selection of contractors is envisaged based on price and technical criteria. The price of the bid (co- financing from the state) is envisaged to be valued at 80% of points. These 80% of the points are envisaged to be calculated on the basis of a defined formula which, when applying the maximum number of points, lists the bidders who requested the support/co-financing from the state with the lowest (minimum) value (price). The maximum amount proposed by the operator (bidder) for support from the Government of Kosovo is envisaged to be no greater than half the total cost of extending high-speed broadband infrastructure in the respective project area. The second part of the bid value is technical criteria: The technical criteria are envisaged to be evaluated with 20% of the points, with sub-criteria of this criterion envisaged to be:  The quality of the project plan’s overall sketches and the quality of the detailed topographic sketches. The more points will be evaluated sketches made with adequate software.  The way of connecting households with high-speed broadband infrastructure.  Plan of restoring in the previous state. Sections will be contracted in lots; around 4 to 6 cadastral zones per a lot. ISPs will define sub-project design (for a lot) while respecting general rules implied by MED regulation and other relevant legislation. MED will make payments to awardees of the public tenders. Payments will be made to the ISP according to the payment schedule to be stated in the Special Conditions of Contract and to the payment requests based on the completed works. The payment request shall not be admissible if one or more essential requirements are not met. Supervision MED is envisaged to check the Service Provider’s performance and notify the entity of any Defects that are found. Such checking shall not affect the Service Provider’s responsibilities. MED is envisaged to instruct the Service Provider to search for a Defect and to uncover and test any service that the MED considers may have a Defect. Defect Liability Period is as to be defined in the Special Conditions of Contract. In addition to MED, acceptance of the works is to be delivered by an independent party/adjudicator, per WB Operational Policies / Bank Policies. Line of financial support for MED executed sub-components Under sub-component 1.2 the KODE Project will finance: (1) Provision of technical assistance to perform the assessment and review of the Technical Specifications for Kosovo NSMS; and (2) will procure the NSMS per updated Technical Specifications. Upon revised NMSM Technical Specification, financed NMSM (one line of financing) may include Main Control Center in Pristina, supported by Remote Fixed Monitoring Stations to cover all monitoring tasks, including Frequency Band Occupancy (FBO) and Frequency Channel Occupancy (FCO) and interference handling; Remote Fixed Direction Finding Station to support the RFMS for triangulation purposes; Mobile Monitoring Stations (MMS) for all type of mobile monitoring operations; Transportable monitoring station for all type of monitoring operations including FBO and FCO and interference handling; and Portable Monitoring Equipment to perform monitoring in very local situations (e.g. in buildings), which cannot 18 be performed by the MMS. The procurement of this network monitoring ICT system (equipment and software), will be executed through a request for bids using an international competitive bidding. Under sub-Component 2.2 the KODE Project shall finance some installation of optical cables in Pristina to connect the prospective Kosovo’s universities and colleges in a national research and educational network (NREN) to the pan-European GÉANT data network. GEANT is a network interconnecting Europe’s national research and education networking organizations via highly resilient pan-European broadband backbone, as well as offering research collaboration opportunities among the leading Universities throughout Europe. GÉANT links NRENs in the EU and beyond – a total of 110 of NRENs – to high-speed broadband at low costs and provides access to a range of research and innovation services. GÉANT is co-funded by the EU’s 7th Research & Development Framework Programme, with further funding is provided by the NREN partners. Under the same subcomponent there are planned awareness raising activities. These will finance the targeted distribution of information on productivity-enhancing digital resources and activities, such as e-services, information on employment, learning opportunities, and cybersecurity, etc. to the households and public institutions, to be connected to broadband connectivity under subcomponent 1.1. The proposed activities are expected to address the gaps and asymmetries in the access to information, knowledge, services, and income generation and employment opportunities through a digital awareness program for households. LINE OF FINANCIAL SUPPORT FOR CAPACITY BUILDING The first capacity building financial line is planned under sub-Component 1.1 of the KODE Project for provision of technical assistance and capacity building activities for ARKEP and MED to strengthen the enabling policy, legal, and regulatory environment to support the rollout of high-speed broadband infrastructure on open- access and non-discriminatory terms and development of digital economy. The second capacity building financial line is envisaged under sub-component 2.2: Increasing access to knowledge, information, and services. Because Kosovo does not yet have a functioning NREN, the newly- founded NREN will need to build its capacity to provide GÉANT services to its members – participating universities and colleges, to plan and build its service portfolio. Finally, the third capacity building line of financing is envisaged under the same subcomponent for the awareness raising activities. These will finance the targeted distribution of information on productivity-enhancing digital resources and activities, such as e- services, information on employment, learning opportunities, and cybersecurity, etc. to the households to be connected to broadband connectivity under subcomponent 1.1. The proposed activities are expected to address the gaps and asymmetries in the access to information, knowledge, services, and income generation and employment opportunities through a digital awareness program for households. Environmental management capacity building The KODE Project environmental management and supervision will be organized within the KODE PIU by the Component 1 Coordinator (tentative title), who will be hired on a full-time basis for a period of 5 years. This person, equipped with solid technical (ICT engineering) expertise and superb managerial skills, will be an environmental focal point on all relevant KODE subcomponents. Telecommunications, Post, and IT (ICT) Department of MED (Implementing Agency) currently does not employ Environmental or Social Protection Expert, however, there is Environmental Expert experienced in IFO projects in the Energy Department that the ICT Department can regularly consult. As the project includes two types of sub-projects – those implemented by MED and those by ISPs, the capacity building will be addressed on two levels: (i) PIU Environmental Focal Point (appointed personnel) will receive training on WB Environmental Policies and Procedures, emphasizing OP/BP 4.01 Environmental Assessment from the WB Environmental Specialist, while for the (II) ISPs, a half-day training will be provided by the Environmental Focal Point, supported by WB Environmental Specialist. Environmental capacity building will be supported as part of Component 3 financing. 19 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. Small-scale civil works and installation works are a part of three subcomponents. During the assessment of the project preliminarily only one World Bank safeguards policy was triggered, per below: OP/BP 401 (Environmental Assessment) has been triggered. The policy is triggered mainly for civil works under sub-Component 1.1. The possible impacts are projected will be typical, with few, if any, being irreversible. In most cases mitigation measures can be easily designed. In some cases, the activities may take place in protected areas thus will be considered site-specific and need more individual approach. Small civil works with possible environmental effects are taking place under sub-components 1.2 and 2.2. Therefore, solely category B sub-projects (predominantly B-) would be considered for financing under KODE. An overall ESMF is prepared for the Project, following WB policies 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. The ESMF eliminates category A and high-risk projects as well as limits eligible designs and works in the protected areas. OP 4.04 (Natural Habitats) is not triggered. Works on installation of broadband connectivity infrastructure may take place in protected areas, however, they will be small scale and will use only existing infrastructure and ongoing/planned utility infrastructure projects for integrated placement, so significant impacts are not expected to nature and biodiversity. However, a limited risk form human presence or/and unfavorable timing of works still exists thus activities allowed under this arrangement will have the following limitations: (i) the works in the protected areas will be fully compliant with WB policies, national legislation and having full attention of national competent authorities, including those managing the particular PA, (ii) no work will be allowed in the critical habitats, (iii) no antennas, towers, new earthworks, fixed monitoring stations, mobile monitoring stations and no installations that are falling outside existing installations, are allowed in PAs, (iv) no workers’ base will be set in PAs, and (v) specific nature protecting measures (to be incorporated to ESMPs) will be requested from competent authorities (Kosovo Environmental Protection Agency, Ministry of Environment and Spatial Planning, PA management authority). Fixed monitoring stations (antennas) will not be placed in protected areas. Though the antennas do not emit any type of radiation, fixed antennas will not be allowed in the urbanized areas to avoid controversies. OP/BP 4.36 (Forests) is not triggered. No felling will be allowed as a general rule. If unavoidable, a permit from the competent authority for removal of individual trees would be sought. OP/ BP 4.09 (Pest Management) is not triggered. There are no activities planned that include or require pest control. OP/BP 4.11 (Physical Cultural Resources) is not triggered. The control center building to be rehabilitated/adapted and NREN buildings are not cultural heritage therefore this policy is not triggered. As chance findings are possible, an adequate clause will be included to environmental documentation providing management procedures (ESMP Checklists and site specific ESMPs). OP/BP 4.10 (Indigenous Peoples) is not triggered. There are no activities that affect this group of population. 20 OP/BP 4.12 (Involuntary Resettlement) is not triggered. The sub-projects comprise laying optical cables and installing several antennas. The distance of cables to be laid varies from a couple of hundred meters in settlements to a couple of kilometers between settlements. The practice is that the cables are laid in the street and installed in linear holes of about 20- 30 cm deep and a couple centimeters wide. OP/BP 7.50 (Projects on International Waterways) is not triggered. Project does not include activities that impact water bodies. OP/BP 7.60 (Projects in Disputed Areas) is not triggered. The location of works is not defined yet so may include Northern Kosovo, which does not recognize the National Government of Kosovo and where there may be limited accessibility for the representatives of MED as well as the WB team. However, LEGEC concluded that, 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 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). MESP, the mandate of which was defined by UNMIK regulation no. 2002/5 and 2005/15, is a central executive body tasked with the creation and implementation of general management legislation in the field of environment, water, housing spatial planning and construction. For these functions, the Ministry has set up 9 departments, 2 institutes, and the KEPA (2006). KEPA is a government institution that engages, through integrated environmental monitoring, efficient system of environmental information and continuous reporting on the environmental situation, to maintain quality of air, water, soil and biodiversity, promote use of renewable energy sources and sustainable use of natural resources in order to ensure a healthy environment for generations present and future in harmony with the progress of economic and social developments29. It was set up "as an institution within the MMPH, it will carry out the administrative, professional, supportive-scientific and investigative tasks in the filed of environment protection, protected natural zones, biologic diversity"30. The Law on Environmental Protection 2002/8 is a centerpiece 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 Union31. 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 stipulates that a public authority that is planning the construction of a major work or project shall, first of all, conduct an Environmental Impact Assessment (EIA) and to file with the MESP a report summarizing the findings of that EIA Report, if such a project or work has a significant potential for causing Environmental Damage. In what concerns the KODE (deployment of infrastructure that is needed to connect to high-speed broadband internet: (i) unconnected or underserved settlements across the country, (ii) unconnected or underserved public institutions, (iii) high-speed broadband for higher education institutions, and set up of the NSMS), none of its activities are projected to possess such potential for causing environmental damage, therefore the EIA is not required. At the same time, it is worth noting that ISPs and other entities holding a 29 http://www.ammk-rks.net/?page=2,46 30 Law on environment protection 2003/9, article 39, item 1 31 http://www.gazetazyrtare.com/e-gov/index.php?option=com_content&task=view&id=109&Itemid=28&lang=en 21 license to engage in construction activities to complete the works under the KODE are required by the Law to receive basic training in the EIA requirements and the subsidiary normative acts. 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 (List of projects calling for EIA are available in the Annex 5 and Annex 6). The natural protected areas are governed by directorates, according to the Law on Nature Protection (2010/03-L-233). Directorates for management of national parks, natural parks, natural monuments of special importance are established by the MESP, while other categories of protected areas are run by municipality founded authorities. Authorisation for interventions and activities in the strict reserve, special areas, national park, nature park, monument of nature, shall be issued by the Ministry. Authorisation for works and interventions in the landscape and protected monument of architecture of the parks, issues administrative authority or competent municipal authority. Authorisation shall be issued by the decision. Appeals on decision of the administrative authority or competent municipal authority may be submitted to the Ministry. 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 instruction32. With regards to the KODE, it should be noted that the Law on Construction has not yet transposed the relevant provisions of the Directive 2014/61/EU of the European Parliament and the Council of 15 May 2014 on measures to reduce the cost of deploying high-speed electronic communications networks. This said, MED is taking first steps towards the transposition of this important Directive while coordinating its activities with MESP and other related agencies. In this regard, MED introduced in May 2017 ‘Regulation No. 05/2017 for the Construction, Installation and Supervision of Electronic Communications Infrastructure’. The regulations standardise the process for an operator to secure the necessary permissions for installing telecoms infrastructure whilst also codifying the basic standards and requirements for such deployments. The entrepreneurs that plan to construct, re-construct, install or un-install outdoor electronic communication infrastructure is obliged to inform the Authority (ARKEP) and the respective municipality or municipalities in which territory the activity is planned to be realized. The entrepreneur shall submit the detailed plan of the construction or outdoor installation. 32 http://www.unmikonline.org/regulations/unmikgazette/02english/E2004regs/RE2004_37_ALE2004_15.pdf 22 Speaking of health and safety issues, Occupational Safety, Health and Working Environment Law (2003) pursues as its main objective is to prevent occupational injuries and diseases at the workplace and to protect the working environment33. 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. As far as the KODE is concerned, none of its activities go against provisions of this Law which 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 sector34. 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. 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 annoyance35. The need to preserve and protect the cultural heritage is defined in Article 9 of the Constitution of the Republic of Kosovo. Furthermore, it is obliged to promote the preservation of religious and cultural heritage of all communities, and has specific duties to ensure the effective protection of the totality of objects and 33 http://www.gazetazyrtare.com/e-gov/index.php?option=com_content&task=view&id=83&Itemid=28&lang=en 34 http://documents.worldbank.org/curated/en/282091494340650708/pdf/Kosovo-SCD-FINAL-May-5-C-05052017.pdf 35 http://www.gazetazyrtare.com/e-gov/index.php?option=com_content&task=view&id=268&Itemid=28&lang=en 23 monuments of cultural and religious significance to the communities, as it is defined in Article 58, paragraph 5 of the Constitution of the Republic of Kosovo36. 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 dialogue37. Besides, Kosovo has a National Strategy for Cultural Heritage (2017-2027)38, the first goal of which is to advance the legal and institutional framework in this field. According to the Law on Cultural Heritage and what concerns the KODE, any intervention that may affect the integrity or values of the cultural heritage requires written permission from the Competent Institution. The Competent Institution shall order an immediate stop for an unspecified period of time to any kind of unauthorized work on the Cultural Heritage. Application for permission to construct buildings or other developments within the Protective Zone of an architectural monument, or within an architectural conservation area, or affecting the setting of an ensemble, must be submitted for consideration to the Competent Institution. The Competent Institution has a veto over the granting of such permission. If the Competent Institution does not respond within 15 days concerning an application to construct buildings or other developments, the permission can be determined by the relevant planning and building authority. Environmental risks and requirements for fulfillment of the environmental acquis include the significant impact of industrial polluters, low air quality, absence of waste, wastewater and water infrastructure as well as large amount of contaminated sites, which places a high environmental and health burden on the population and causes large areas of degraded land to be out of productive use. Kosovo has not progressed beyond the initial stages of harmonization with the acquis in these areas. There has been little progress on implementing the transposed environmental legislation. However, the initial steps for creation of the NSDI under the INSPIRE directive, the EU’s requirement for standardized data collection, use and sharing for environmental management, have been made and need to be augmented. Environment and climate need to become government priorities as one of the conditions of EU accession for Kosovo39. While the progress of transposition EU acquis into Kosovo’s legislation desires to be faster, it should be noted that in some areas Kosovo has made considerable progress. For example, SWM reform initiatives have been modeled after the policy framework for municipal waste management in the EU and started to yield positive outcomes40. Also drafting of the National Strategy for Cultural Heritage and of the Climate Change Framework Strategy mark an important step in the consolidation of the guidelines, policies and strategic actions in the fields of cultural heritage and climate change, respectively. As such, both can be seen as a stepping stone towards divising long-term “vision� frameworks based on the principles of sustainability. 36 http://mkrs-ks.org/repository/docs/eng_strategy_for_heritage.pdf 37 http://mkrs-ks.org/repository/docs/eng_strategy_for_heritage.pdf 38 http://mkrs-ks.org/repository/docs/eng_strategy_for_heritage.pdf 39 http://documents.worldbank.org/curated/en/282091494340650708/pdf/Kosovo-SCD-FINAL-May-5-C-05052017.pdf 40 http://documents.worldbank.org/curated/en/282091494340650708/pdf/Kosovo-SCD-FINAL-May-5-C-05052017.pdf 24 When taking a holistic and integrated approach towards comparing Kosovo’s national environmental legislature vs. WB safeguards policies, it should be noted that they are largely aligned. This said, Kosovo’s environmental legislative and regulatory acts are generally characterized as weaker, especially on the enforcement side. Also a major difference lies in the fact that the country’s environmental and climate standards have not yet been mainstreamed into other policies, particularly telecommunications. Finally, some of Kosovo’s standards and technical regulations, especially in mining and agriculture, are not yet compatible with EU and international standards41. Eligible and Non-eligible Investment The outline of the eligible investment under the KODE is organized in line with types of civil works, per below. DEPLOYMENT OF BROADBAND INFRASTRUCTURE The eligible investments relate to the deployment of open access high-speed broadband networks to enable high-speed broadband connections and advanced services of electronic communications for households, businesses and public institutions in target cadastral zones. The borrowed funds will therefore be channeled to co-finance the construction of open access high-speed broadband infrastructure in identified areas to enable upload/download broadband connection of at least 100 Mbit/s speed (symmetrical supply) or more for all households (residential houses) and provide free broadband internet services to public institutions - school and health institutions in those areas. In the context of telecommunication networks, “open access� usually means access granted to other service providers for wholesale services in the local access network, which enables them to offer services to customers without having the need to own the network. Wholesale products are offered at various levels throughout the network infrastructure based on the type of open access model: Passive infrastructure with open access such as pipelines, ducts, pylons, optic cables and wave lengths provide other telecommunication operators the possibility to use this passive infrastructure and install own infrastructure to provide services. Active infrastructure with open access as Ethernet layer 2 and IP layer 3 enable the service providers which provide residential, business and other public services to use together the active infrastructure to provide certain services. In this regard, eligible investments under this sub-component are envisaged to include extension of high-speed broadband infrastructure (infrastructure refers to high-speed symmetrical supply of 100Mbit/s, for certain project areas, in order to provide for the connection of all household economies (inhabited houses) with broadband internet, and to offer broadband internet services free of charge for public institutions – schools and healthcare institutions in such areas, and also small scale earth and installations works. Infrastructure assets refer to the electronic network equipment needed to operate the passive infrastructure and operational support systems needed to commercialize the high-speed broadband network. Passive infrastructure includes physical elements needed to build the high-speed broadband network. This includes, for example, optical fibers, ducts, pipes and pillars where the high-speed broadband network is placed. Passive infrastructure may also include optical distribution frames, patch panels, etc42. There are no limitations on the design of network as long as there are fulfilled quality requirements and target speeds, and apart from eligibility limitations provisions in this ESMF related to Protected Areas. All the civil works (cable lining, trenching, installation of poles, microtrenching etc.) are considered to be eligible whenever they meet the criteria defined in the MED Regulation N0. 05/2017 for Construction, Installation, and 41 http://documents.worldbank.org/curated/en/282091494340650708/pdf/Kosovo-SCD-FINAL-May-5-C-05052017.pdf 42Importantly, retail services come into play after the construction and installation of passive and active layer. This layer relates to Internet services and other managed services, provided to subscribers and businesses. 25 Supervision of Electronic Communications with the following reservation related to implementation of project in Protected Areas (PAs): there will be no installation of pylons, no excavation of pits and trenches in the virgin soil, no earthmoving or any other new infrastructure in PAs, only use of existing infrastructure for installation: (i) the works in the protected areas will be fully compliant with WB policies, national legislation and having full attention of national competent authorities, including those managing the particular PA, (ii) no work will be allowed in the critical habitats, (iii) no antennas, towers, new earthworks, fixed monitoring stations, mobile monitoring stations and no installations that are falling outside existing installations, are allowed in PAs, (iv) no workers’ base will be set in PAs, and (v) specific nature protecting measures (to be incorporated to ESMPs) will be requested from competent authorities (Kosovo Environmental Protection Agency, Ministry of Environment and Spatial Planning, PA management authority). INSTALLATION/CONSTRUCTION OF ANTENNAS, TOWERS AND MONITORING STATIONS, REHABILITATION OF MONITORING CENTER Eligible investments with regards to the setup and launch of NSMS include design, supply, installation of NSMS. This NSMS shall provide coverage in the indicated areas, where there is the greatest density of frequency assignments in all the most active frequency bands in Kosovo. Specific composition of the NSMS elements as well as their respective location will to be determined following the review of the Technical Specifications, however the eligible investments are likely to include the following equipment:  Main Control Center (MCC) in Pristina, supported by:  Remote Fixed Monitoring Stations (RFMS) to cover all monitoring tasks, including Frequency  Band Occupancy (FBO) and Frequency Channel Occupancy (FCO) and interference handling;  Remote Fixed Direction Finding Station (RDFS) to support the RFMS for triangulation purposes;  Mobile Monitoring Stations (MMS) for all type of mobile monitoring operations;  Transportable monitoring station (TMS) for all type of monitoring operations including FBO and FCO and interference handling; and  Portable Monitoring Equipment (PME) to perform monitoring in very local situations (e.g. in buildings), which cannot be performed by the MMS. Monitoring Control Centre (MCC). Planned to be installed in the headquarters of ARKEP. All other stations shall be interconnected to this MCC. The MCC is the only manned station in the system. Rehabilitation of monitoring centre includes adaptation such as plastering, painting, refurbishment, but no works on the building envelope (e.g. works on facade, replacement of doors and windows, etc.). Main control room will not be located in a building under any type of cultural physical heritage protection. Remote Fixed Monitoring Stations (RFMS). It is planned to install two RFMS. One (1) RFMS-1 to control the city of Prishtina. Two (2) RFMS-2 to control the cities of Prizren and Mitrovica Jugore. These RFMS stations will be remotely controlled by the MCC in Prishtina. The geographical coordinates for some of the RFMS are not yet decided. These two locations are not urbanized. For the stations Prizren and Mitrovica Jugore the Bidders will be responsible to identify a best suitable location, which allows the RFMS to cover the identified cities. The works required include earthworks, making tower foundations, installations, etc. Design of RFMSs is not defined yet and will be provided and addressed in the sub-project EA. Mobile Monitoring Station (MMS). One (1) Mobile Monitoring Station (MMS) will be stationed at the MCC in Prishtina. Only installation works are envisaged. Design of MMSs is not defined yet and will be provided and addressed in the sub-project EA. Portable Monitoring Equipment (PME). Design of PMEs is not defined yet and will be provided and addressed in the sub-project EA. Only installation works are envisaged. Transportable Monitoring Station (TMS). Two (2) TMS are planned. It is expected that the antennas of the TMS will be installed on a tri-pod. Design of TMSs is not defined yet. Design of TMSs is not defined yet and will be provided and addressed in the sub-project EA. 26 No access roads will be built for the purposes of tower and antenna installation, or any other. Monitoring stations will not be placed in Protected Areas. ENABLING NREN CONNECTIONS. The exact eligible investments will be determined based on the results of the feasibility study to be completed during the first 18 months of the KODE Project. Among others, the study shall determine technical specifications and topology of the NREN. It is planned that NREN should be serviced through adequate telecommunication infrastructure to united participating universities and colleges (within Kosovo) and interconnect with pan-European GÉANT data network. The feasibility study shall determine the most optimal way to ensure a high-speed broadband network, which will be present in all participating university cities, capable of providing interconnectivity to Kosovo’s participating universities and private colleges, at one or more points of presence for each entity. It is planned that the network topology will have to be comprised of at least one interconnected optical ring network. Pristina, as the capital city with the highest number of educational institutions, will have to be provided with a metropolitan ring network with a minimum of 10 Gbps backbone capacity. The other ring will have to connect all the major cities in the country that have higher education facilities. It is foreseen that required NREN network will be leased from ISPs. Therefore, if at all, installation of NREN is expected to incur only minor civil works (in general, cable lining identical or lesser than the activities planned under sub-component 1.1). WB POLICIES EXCLUSION A number of activities are ineligible for financing under the KODE IPF. 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. Some of the works may take place in the protected areas (PAs) and although the works that are planned produce insignificant impacts to the environment, there is still a limited risk form human presence or/and unfavorable timing of works or unfavorable design. Therefore, the activities that ISPs and MED can carry out under the Component 1 and 2 have the following limitations:  No activities of any kind are allowed in the critical habitats,  Designs that include earthworks decoupled from existing installations will not be allowed in protected areas (e.g. digging trenches outside the road or pipeline route or installation of new poles), 27  No antennas, towers, new earthworks, fixed monitoring stations, mobile monitoring stations and no installations that are falling outside existing installations, are allowed in PAs,  No workers’ base will be set in PAs,  Specific nature protecting measures will be requested from competent authorities (Kosovo Environmental Protection Agency, Ministry of Environment and Spatial Planning, PA management authority):  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  The terrain at the working site has to return to its pre-works condition, if not possible than it will be adequately rehabilitated  Buildings containing asbestos (tiles, roofing, facade, etc.) or equipped with radioactive ligting rodes. 28 Environmental Screening (Categories) 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. 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. The activities identified in the Annex I of the Law on EIA would not be supported by the project. 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+ Category B+ activities will not be financed through the sub-lending scheme 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- 29 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. Environmental Environmental Documentation to be included in Sub-loan Category Application Package Rationale for the category Category C (Any official approval/permits if applicable) Any official approval/permits (if applicable) Category B- 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) ESMP (annex 4) Category B+ Option 2) The statement of “EIA is required and approved� Full EIA report with ESMP Schedule for Implementation of EIA recommendations 30 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. 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 minimizing, mitigating or compensating for adverse impacts. An EA also describes the steps that were taken for public consultation. Considering Project is classified ‘light’ category B under the WB Environmental Safeguard Policies and Procedures, however, with two types of settings – urbanized and unprotected vs. protected areas, there will be two types of EA under this project: ESMP Checklists and site specific ESMPs. ESMP Checklist is usually prepared for activities that include small civil works as in rehabilitation of buildings, simple upgrades, installations, etc. for which protection measures are readily made. In this case, the Project recognizes two types of projects: (i) ISPs implemented broadband connecting infrastructure works contracted for unserved or underserved geographical units (sub-projects under the sub-component 1.1), and (ii) MED implemented sub- projects (rehabilitation of the control room, construction of antenna tower(s), installation of antennas and monitoring stations, and small earthworks at the locations of higher education institutions might be expected for enabling NREN network). For both ESMP Checklist will be prepared. Only for activities under the sub- component 1.1, ISPs will prepare site specific ESMP in the case the installation of internet infrastructure will fully or partially take place in protected ond/or sensitive areas. As type of works, aspects and impacts are predictable for these sub-projects, site-specific ESMP tailors the measures that address impacts specific for the location features. The Law on Environmental Impact Assessment has listed projects subject to EIA procedure, but it doesn’t require EIA procedure for these kind of projects contained within KODE: -minor civil works (mainly cable lining); -installation of antennas; -installation of towers; -installation of fixed and mobile monitoring stations; -rehabilitation of a non-residential building. 31 Social Assessment There are no perceived social issues related to the KODE Project. GRIEVANCE REDRESS MECHANISM The KODE 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 PIU 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 as well as at the village boards. A PIU specialist or ministry staff will be assigned to receive and respond to the grievance. It is envisaged that the grievance would warrant a response, as long as the following two criteria have been met: (i) concerns any of the KODE activities; (ii) contains a sufficient amount of details to indicate a malignant action has occurred or is likely to take place, affecting individual or collective well-being or posing a risk to the environment. If the grievance could be addressed by the PIU, then the PIU director will follow up with the actions to be taken to address the grievance. If the grievance response depends on other institutions than the PIU staff (e.g. MED, ARKEP) will make inquires and respond to the complainer. In the case the second criteria is not fully met, the PIU 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 PIU 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. 32 Addressing Environmental Risks IMPACTS TO THE ENVIRONMENT The telecommunications and IT equipment and assets that the KODE Project finances are characterized by relatively low carbon footprint and overall high resilience to external shocks. What is more, by expanding the high-speed broadband connectivity across the country (under sub-Components 1.1 and 2.2 directly and sub- component 1.2 indirectly), the Project will enable the improvements and use of, for instance, early warning systems for instance, to help minimize climate risks and support the fight against climate change. Furthermore, another important impact of the high-speed broadband network deployment has to do with the changes in travel. Broadband networks generally reduce the need for travel for work, shopping and other purposes, thus reducing carbon emissions from transport and saving many tons of carbon emissions per year. The OECD cites studies showing how telework can reduce transport by around 0.7–0.8 per cent. The US Department Energy (2013) includes telework as part of its policy program for reducing energy use43. However, the works on the deployment of broadband infrastructure, monitoring stations and rehabilitation of the central control room can produce impacts typical for small-scale civil works, including, but not limited to:  Dust emissions from transport carrying workers and materials;  Dust from earthworks, uploading and unloading materials, removal of walls, plasters, insultation, 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 control center, some residual ducts or cables, packaging and mineral waste for trenching. Small amounts of hazardous waste will be generated, mostly residual pain, varnish, contaminated containers, small quantity of Compact Fluorescent Lamps CFL, spills, fuel containers, and similar;  Impact to soil will be very limited. Trenches for cables, if dig, are shallow;  Impact to water – no impact to water is envisaged. It can occur only if waste soil or other type of waste is dumped to local streams and other water bodies which will be strictly prohibited;  Landscape pollution in the case of installation of new poles;  Impact to nature is limited to human presence that can disturb animals, misconduct (e.g. pouching or collection of herbs) and impropriate planning of works (e.g. works in the breeding season). MITIGATION MEASURES Potentially adverse effects of broadband infrastructure deployment will be further minimized under this Project by strict adherence to environmental safeguards procedures, by choice of future-proof technologies, and by promotion of infrastructure sharing, where possible (e.g. promotion of use of optical groundwire (OPGW) over high-voltage energy transmission lines, belonging to water and sewage utilities, located along roads and railways). Antennas under sub-Component 1.2 will be placed on top of the hills while adhering to the highest standards of forest resource management, so as not to exacerbate deforestation. In the case removal of individual trees 43 https://www2.deloitte.com/content/dam/Deloitte/au/Documents/finance/deloitte-au-fas-benefits-highspeed- broadband-v2-240914.pdf 33 cannot be avoided, it can only be done with the approval of competent authority (e.g. Kosovo Forest Agency). No felling is allowed in PAs. All the above are short term impacts, localized to a small area, of minimal severity, easy to mitigate with measures typical for reduction of impacts in civil works:  Dust emissions will be curbed by regular cleaning of roads, vehicles and machinery as well as keeping the site damp 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, ) and equipment at all times.  Installation of new poles and earthworks outside existing infrastructure will not be allowed in the Pas.  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 construction and/or rehabilitation.  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.  Construction routes are clearly defined. 34 Monitoring Environmental Compliance For the sub-project type 1, where ISPs are executors and final users of funds, ESMP Checklist or site specific ESMP (in protected areas) are prepared by the selected ISP. Draft ESMP/ESMP Checklist is subject to MED Coordinator of Component 1 (tentative role) and Environmental Focal Point (PIU) approval. First 3-5 ESMP Checklists and all site specific ESMPs are also subject to WB approval (PIU Environmental Focal Point is submitting the documents). ESMP Checklist and site specific ESMPs, upon consultations and finalization, will be included to bidding and contracting documentation for execution of works, in this case, installation of broadband network. It is a duty of the Contractor (including subcontractors, if engaged) to implement the mitigation and monitoring measures and to report the progress and status to MED in agreed intervals (at least quarterly). ISPs perform regular supervision (supervising engineer or appointed person with technical or environmental background) on ESMP Checklist and ESMP implementation and regularly report to MED on environmental (ESMP, ESMP Checklist) compliance. While reporting is periodical, the incompliances will be reported to MED immediately. The corrective measures proposed by MED will be implemented in a defined timeframe. In the case the Contractor fails to implement corrective measures, further steps will be taken until the measures are in place. These steps can include ceasing the payments until the compliance is achieved. MED visits the works for environmental supervision at least once during the implementation works. 2nd type of sub-projects is those that will be implemented by MED. Since none of these sub-projects will take place in PAs, only ESMP Checklists, satisfactory to WB, will be prepared by MED. Upon consultations and finalization, ESMP Checklists will be included to bidding and contracting documentation for execution of works. It is an obligation of the Contractor (including subcontractors, if engaged) to implement the mitigation and monitoring measures and to report to MED in agreed intervals (at least quarterly). MED performs regular supervision (a supervising engineer or appointed person with technical or environmental background) on the ESMP Checklist implementation. The corrective measures proposed by MED will be implemented in a defined timeframe. In the case the Contractor fails to implement corrective measures, further measures will be imposed in order to achieve full compliance. The measures can include ceasing the payments. For both types of sub-projects MED reports to WB on environmental compliance in regular Project Progress Reports as well as in separate periodical ESMP and ESMP Checklist implementation reports (quarterly, if not otherwise agreed). 35 Disclosure and Consultations ESMF will be disclosed on the MED website in English, Albanian and Serbian language with hard copy available to public at premises. At the same time call for consultation will be issued (also through MED webpage) and date and venue set for consultation meeting. MED will call 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 and will be attached to ESMF as annex. Only then ESMF can be considered as final. Each ESMP Checklists and site specific ESMPs prepared for individual sub-projects will have to be publicly disclosed in English, Albanian and Serbian once a sub-project is approved by MED and WB in line with Environmental Review procedures. A public call for comments on the documents disclosed will be issued. The in-country disclosure within Kosovo will be done through the internet site of MED and affected municipalities for 14 days at minimum. Hard copies will be available at MED and municipalities premises in the same period. Local newspaper advertisements may be used as a means for calling the public to comment on the same documents. The final version of ESMP and ESMP Checklist will address relevant comments and include minutes of the meetings. The final version ESMF will be redisclosed. The minutes of public consultation in Annex 8 reflect the process and the outcome of public consultation and disclosure. Additionally, following the call for interest, the PIU will organize a public consultation with ISPs to re-verify the state of broadband coverage in the target cadastral zones (typically 4 per 1 lot), in which the PIU also alerts the ISPs of their general environmental safeguards requirements: i.e. an obligation to follow the Environmental and Social Management Framework and prepare the Environmental and Social Management Plan (ESMP) or ESMF Checklist, in the case the installation of internet infrastructure will fully or partially take place in protected and/or sensitive areas. 36 Environmental Review Process All sub-borrowers/sub-projects under subcomponents 1.1. involved in broadband deployment will follow the environmental review process presented schematically below. STEP 1: ISP prepares and submits an initial sub-project (lot) design for the tender together with the Environmental Risk Assessment Questionnaire (available in the Annex 2). Following an open tender process, in which a winning ISP is identified, MED (PIU) screens the sub-project in line with the ESMF (and based on design, Environmental Risk Assessment Questionnaire available in the Annex 2 and other information) and informs the ISP of follow-up requirements and EA required for sub-loan processing (a site-specific ESMP or ESMP Checklist, templates available in the ESMF or justification why EA is not needed for C category sub-projects). Screening results are communicated to the WB. At this time, it is the responsibility of the ISP to initiate discussions with the MESP and/or other competent authority in order to fulfill any local and national environmental review requirements (such as, for example, an opinion on the EIA procedure (if needed) and/or other official approval/permits). STEP 2: The ISP prepares EA (ESMP or ESMP Checklist) and submits to MED for review and approval. MED provides comments. ISP also fulfills EIA national regulation requirements if applicable (produced and consulted as a stand-alone document or with annexed ESMP). STEP 3: The ISP revises the ESMP/ESMP Checklist in line with MED comments/requirements (and consults with MED when necessary) and resubmits. MED 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 clearance. STEP 4: All EAs (whether required under the WB or national regulation) will be consulted in accordance with national and WB policies. STEP 5: The ISP incorporates the 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. EA becomes a part of bidding and contracting documentation. STEP 6: The Contractor implements EA. The ISP monitors the implementation of the EA mitigation and monitoring plan and regularly reports to the MED. MED supervises the EA implementation (including site visits) and reports to WB in EA implementation and project progress reports, in accordance to the reporting schedule. Under its subcomponents 1.2, 2.1. and 1.2, i.e. MED-executed sub-projects will follow the environmental review process presented schematically below. STEP 1: MED prepares an initial sub-project concept. At this time, it is the responsibility of MED to initiate discussions with the MESP and/or other competent authority in order to fulfill any local and national environmental review requirements (such as opinion on EIA procedure (if needed) and/or other official approval/permits). It will be the responsibility of MED to obtain the appropriate permits and licenses as required by national law in order to facilitate the clearance process with the MESP, the municipality office or other competent authority. 37 STEP 2: MED screens the sub-project in line with ESMF, prepares the EA (most likely ESMP Checklist) and submits it to WB for review and approval. WB provides comments. Though unlikely to take place, MED also fulfills EIA national regulation requirements if applicable (EIA will be prepared and disclosed as a stand-alone document or with annexed ESMP). STEP 3: WB provides comments and approval when satisfied with EA quality and content. STEP 4: MED publicly consults the EA in accordance with WB and national policies. Comments provided in the consultations are incorporated 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 as EA becomes a part of bidding and contracting documentation. STEP 5: The Contractor implements EA. The ISP monitors the implementation of the EA mitigation and monitoring plan and regularly reports to the MED. MED supervises the EA implementation and reports to WB in EA implementation and project progress reports, in accordance to the reporting schedule. 38 ANNEX ANNEX 1 - RESPONSIBILITIES AND KEY PARTICIPANTS Participant Activity Supporting Documentation PIU  Preparing EA for MED financing projects Obtain clearance from MESP / local authority if required  Copies of permits, licenses  Obtain required permits/licenses  Clearance statement  Supervising EA (ESMP and/or ESMP Checklist)  Periodic reports and sub-project implementation (including site-visits) and providing completion report corrective measures  Decision on the need for EIA from  Initial environmental screening the MESP (if needed)  Reporting to WB on EA implementation,  Screen the ISPs and other sub-projects  Include EA to contracting and bidding documentation ISP/other  Finalize the environmental screening form vendor (Environmental Risk Assessment form, Annex 2),  Include environmental  Prepare and publicly consult EAs for sub-projects information with sub-project  Obtain any required environmental documentation application and licenses/permits from the State authorities (as  Permits, licenses (as necessary) necessary)  Include environmental  Include EA to contracting and bidding monitoring information in regular documentation Maintain complete files of portfolio reporting to MED environmental documentation for review by the  Include environmental MED and IBRD documentation in normal ISP  Monitoring/supervise compliance with EA records mitigation plans/measures  Periodic monitoring reports to  Report regularly to MED MED MED  Distribution of Operational manual to ISPs/other vendors  Include environmental category  Co-approving EA category and EA implementation status in  Assist to the ISPs/other vendors understanding and normal periodic reporting being informed about environmental requirements activities  Verification that ISP/other vendors have followed  Periodic EA implementation EA procedures (ESMP and/or ESMP Checklist) monitoring  Disclosure of EA documents (ESMP and/or ESMP Checklist)  Together with IBRD organizes the training for ISPs/other vendors, as needed  Help MED organize training for ISPs/other vendors WB (IBRD) and MED staff regarding environmental review  Document status of project procedures, implementation in  Carries out prior and post reviews Implementation Status and  Approves EAs (for first 3-5 Category B ISPs sub- Results reports and the mission projects, all MED and all Projects in PAs), Aide-Memoires  Supervises overall Project environmental compliance 39 ANNEX 2 – ENVIRONMENTAL RISK ASSESSMENT QUESTIONNAIRE FOR BROADBAND INFRASTRUCTURE DEPLOYMENT – ISP IMPLEMENTED Name of the section: _________ No Environmental Risk Questions Yes/No Not Details/Notes Known 1 What type of design will be used for installation of infrastructure (micro-trenches, trenches, pylons, sth. else)? 2 Will there be only installations work or also civil works, e.g. earthworks/earthmoving, pylons, etc.? 3 Will the installation of infrastructure be a part of some other ongoing works (e.g. electricity) or separate? 4 If using existing infrastructure, please provide detailed description which and how. 5 If the sub-project is a part of planned new infrastructure, please provide detailed description which and how. 6 Is the section (sub-project) located in the protected area? 7 Are protected species using the area anytime of the year (whether a PA or not)? 8 What type of protected area? (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 to way issue or need for land acquisition? 12 Does the sub-project require EIA or other type of EA under the national legislation? 13 Does the sub-project require specific public consultations under the national legislation? 14 Other remarks/issues 40 ANNEX 3 – ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN CHECKLIST TEMPLATE Introduction KODE Project will achieve its development objective through two main sets of activities; First, by expanding access of Kosovars to high-speed and better quality digital infrastructure. This will focus on increasing access to high-speed broadband internet networks of all households and public institutions (educational and healthcare) located in selected underserved, rural areas of Kosovo. In parallel, the Project will support the increase in the quality of service provided by mobile broadband internet networks. To unleash access to high-speed broadband, the Project will crowd in private investment with an aim to support coherent regional development, which, inter alia, manifests itself in equal access to ICT-enabled public services and economic opportunities. While doing so, the Project will pursue a technology neutral approach. To increase the quality of mobile broadband, the Project will finance the setup of a national spectrum monitoring system and related capacity-building activities to strengthen the ICT sector governance. Second, the Project will support Kosovars to take advantage of regional and global digital economy opportunities, especially for income generation, research, and learning, thus triggering the growth of a digital economy in Kosovo. For this, the Project will support connection to high-speed digital infrastructure of Kosovo’s educational and research community; training and mentoring of underemployed youth in digital skills for online work, while proactively ensuring enrolment into the program of women; and raising awareness of productive uses of broadband, especially for access to the useful online information, knowledge, and labor markets, among the selected households and public institutions (where the high-speed broadband connectivity has been provided through the Project). In the awareness activities the Project will pursue a customized approach with an aim to reach more women, which will result in more female beneficiaries, thus contributing to addressing the gender gap in labor market participation and, consequently, the gender gap in employment. Thus, the investments in the DE enabling broadband infrastructure will be complemented with targeted activities that increase the ability of more Kosovars to engage in meaningful professional activities – for learning, research and digital jobs, with a special focus on youth (18-35 years old) and women Potential Environmental Impacts The project has been classified as Category B mainly for civil works related to installation of telecommunications infrastructure enabling access to high-speed broadband internet under the sub- component 1.1 Financing of Digital Connectivity. The designs are not fully defined yet, but works are expected to include small scale civil or earthworks (along the existing infrastructure such as roads, electrical cables and pipelines or placed jointly) and/or installation to existing infrastructure (e.g. to overhead power lines). Light construction activities will also take place under the sub-component 1.2 Improving the Enabling Environment for Digital Connectivity for installation of monitoring stations (antennas and antenna tower(s), fixed monitoring stations, mobile monitoring stations) and rehabilitation works to accommodate main control center in Pristina. Some small earth and/or installation works under sub-component 2.2 Increasing Access to Knowledge, Information and Services for NREN network infrastructure and connecting telecommunications infrastructure to 29 universities and colleges (last mile connections). Thus, 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 less dense areas. These impacts most commonly include, but are not limited to: a) Dust and noise due to excavation, demolition and construction; b) Management of demolition construction wastes c) Encroachment to a private property; d) soil pollution or erosion. 41 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.  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 in the KODE Project will be conducted in three phases: 1) General identification and scoping phase, in which locations or the objects (e.g. Main Control Center for Spectrum Monitoring, broadband infrastructure, etc.) for rehabilitation, extension and/or construction 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 for individual lots (broadband infrastructure in different locations, NSMS, NREN, etc). 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 hired by MED or ISPs, PIU 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 42 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 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. An acceptable monitoring report from the site supervising engineer hired by the MED would be a condition for full payment of the contractually agreed remuneration, the same as technical quality criteria or quantity surveys. To assure a degree of leverage on the Contractor’s environmental performance an appropriate clause will be introduced in the works contracts, specifying penalties in case of noncompliance with the contractual environmental provisions, e.g. in the form of withholding a certain proportion of the payments, its size depending on the severity of the breach of contract. For extreme cases a termination of the contract shall be contractually tied in. PART 1: INSTITUTIONAL & ADMINISTRATIVE Country Project title Scope of project and activity Institutional Project management arrangements (Name and contacts) Implementation Supervision arrangements (Name and contacts) SITE DESCRIPTION Name of site Describe site Annex 1: Site information location (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 43 Identify when / where the public consultation process took place INSTITUTIONAL CAPACITY BUILDING Will there be [ ] N or [ ]Y if Yes, Annex 2 includes the capacity building information any capacity building? 44 PART 2: ENVIRONMENTAL /SOCIAL SCREENING Will the site Activity Status Additional references activity A. General requirements [ ] Yes [] No See Section A below include/involve B. Broadband infrastructure (BI) installation by [ ] Yes [ ] No See Section A, B below any of the trenching following: C. BI installation - new poles design [ ] Yes [ ] No See Section A, C below D. BI Installation by micro-trenching Installation [ ] Yes [ ] No [ ] Possible See Section A, D below E. BI using existing installations [ ] Yes [] No See Section A, E below F. BI using existing powerlines [ ] Yes [ ] No See Section A, F below G. Rehabilitation of central control system room [ ] Yes [ ] No See Section A, G below H. Construction of towers for fixed antennas [ ] Yes [ ] No See Section A, H below I. Fixed monitoring stations [ ] Yes [ ] No See Section A, I below J. Mobile monitoring stations [ ] Yes [ ] No See Section A, J below K. Installation of NREN infrastructure [ ] Yes [ ] No See Section A, I below L. BI installation in the Protected Area [ ] Yes [ ] No See Section L below ACTIVITY PARAMETER MITIGATION MEASURES CHECKLIST A. General Notification and Worker Safety a) Providing information to local population about the scope and time of commencement Conditions 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); 45 ACTIVITY PARAMETER MITIGATION MEASURES CHECKLIST 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 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) The portable toilet should be placed on the construction site and maintenance by the certified company. 46 ACTIVITY PARAMETER MITIGATION MEASURES CHECKLIST 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 management a) Coarse aggregate in concrete and filling of trenches applied and used in rehabilitation need to conform to durability and 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 47 ACTIVITY PARAMETER MITIGATION MEASURES CHECKLIST 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) Ensure that water pumped back to natural waterways never exceeds the regulatory water quality standards by regular testing. e) Install and maintain of proper sanitary facilities for workers. The wastewater from these sources should be transported to proper waste water treatment facilities. f) Prevent hazardous spillage coming from tanks (mandatory secondary containment system, e.g. double walled or bunded 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. g) Working site run-offs with possible charge with suspended matter should be filtered before spillage to natural flows. h) Water, and other components, in concrete mixture shall be clean and free of harmful chemicals. Waste management The good waste management practice will be applied including: 48 ACTIVITY PARAMETER MITIGATION MEASURES CHECKLIST 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. 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) Existing air-conditioning units are not to be refilled or emptied. If discarded, must be handled by specialized licensed companies. Safety of traffic a) Traffic regulation plan is prepared and implemented in coordination with Municipality and competent authority (traffic police); 49 ACTIVITY PARAMETER MITIGATION MEASURES CHECKLIST 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) Plant cover and natural vegetative residue to protect the soil from the impact of raindrops, slows runoff; b) Topsoil from the work’s area will be stripped and stockpiled for later use in landscaping the site; c) Clear all the lands that must be disturbed during the works. Put up a barrier fence around areas where the vegetation is to not be disturbed; d) The site will establish appropriate water and sediment control measures such as e.g. silt fences to prevent water sediment from moving off site and causing excessive turbidity in the channel. e) Collectors will be temporary adapted to avoid surface water dispersion in case of watering of sand or gravel to control the dusts f) Construction vehicles and machinery will be washed in car washing service along the road segments where we operate. g) Water will be separated from the works. h) In the case of spills, the polluted water must be contained to prevent further contamination and transported to a waste water treatment plant. i) 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), j) When applying anti-corrosive measures or paint in the way that eliminates chance of spilling and polluting watercourses. k) Protection of sediments spread by fences and barriers. 50 ACTIVITY PARAMETER MITIGATION MEASURES CHECKLIST Chance findings of archeological any cultural a) Working area, site camp, etc. should be located away from the heritage and and historical artifacts archeological sites. 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 material storage and use may cause pollution a) Store all materials in original containers in adequate locations, which allow for leak- of air, soil or water proof storage and in leak-proof containers. b) There will be no storing of a large amount of fuel at the site. 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. 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 Nature protection 51 ACTIVITY PARAMETER MITIGATION MEASURES CHECKLIST a) Pouching, disturbance of animals, collection of herbs and 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. B. Broadband infrastructure a) Working site should occupy only the surfaces necessary for works to be carried out (BI) b) During the construction, workers must be limited to areas under construction and the Installation by access to surrounding open area must be strictly regulated trenching c) The terrain at the working site has to return to its pre-works condition, if not possible than it will be adequately rehabilitated. The entrepreneur that is going to construct, re- construct, install or un-install outdoor electronic communication infrastructure is obliged to inform the respective municipality or municipalities in which territory the activity is planned to be realized with at least the following information: - Owner of the network - Type of network and type of work - Territory of the municipality or municipalities in which infrastructure is planned to be deployed (the planned construction or installation place should be dedicated if possible) - Planned date to start and finish d) The respective municipality or municipalities shall publish on their website the abovementioned information within fifteen (15) working days upon the receipt of information e) If Municipality does not agree with the route of the infrastructure, they shall provide the reason within a fifteen (15) working day period 52 ACTIVITY PARAMETER MITIGATION MEASURES CHECKLIST f) All cables have to be used according to the cable producer requirements g) Covers of manholes have to meet requirements regarding the load (40 tons if it is placed in the surface of the roads). h) Doors for outdoor cable cabinets and covers for distributions points have to be equipped with the lock i) If a cable or a cable duct is installed under the pedestrian, the red and white warning tape has to be placed above the cable or cable duct, where the distance between tape and cable or cable duct cannot be less than 0.2 m j) If the construction work is provided nearby or crossing another owner’s infrastructure, the entity responsible for the construction work has to ask for the supervision from the owners of that infrastructure. The works near other infrastructure will be manual only. C. Broadband infrastructure a) Working site should occupy only the surfaces necessary for works to be carried out. (BI) b) During the construction, workers must be limited to areas under construction and the installation via access to surrounding open area must be strictly regulated. new poles c) The entrepreneur that is going to construct, re-construct, install or un-install outdoor electronic communication infrastructure is obliged to inform the respective municipality or municipalities in which territory the activity is planned to be realized with at least the following information: - Owner of the network - Type of network and type of work - Territory of the municipality or municipalities in which infrastructure is planned to be deployed (the planned construction or installation place should be dedicated if possible) 53 ACTIVITY PARAMETER MITIGATION MEASURES CHECKLIST - Planned date to start and finish d) The respective municipality or municipalities shall publish on their website the abovementioned information within fifteen (15) working days upon the receipt of information e) If Municipality does not agree with the route of the infrastructure, they shall provide the reason within a fifteen (15) working day period f) If the metal construction will be used as part of the infrastructure, they must have a protection against rust for a minimum of ten (10) years. g) All cables have to be used according to the cable producer requirements h) Doors for outdoor cable cabinets and covers for distributions points have to be equipped with the lock i) Entrepreneur is obliged to elaborate and publish their safety rules which will ensure the protection of staff, customers, property, and network during the construction, reconstruction, removing, installation and uninstallation during the activities set in the project D. BI Installation by a) Working site should occupy only the surfaces necessary for works to be carried out micro- b) During the construction, workers must be limited to areas under construction and the trenching access to surrounding open area must be strictly regulated c) The terrain at the working site has to return to its pre-works condition, if not possible than it will be adequately rehabilitated d) The entrepreneur that is going to construct, re-construct, install or un-install outdoor electronic communication infrastructure is obliged to inform the respective municipality or municipalities in which territory the activity is planned to be realized with at least the following information: 54 ACTIVITY PARAMETER MITIGATION MEASURES CHECKLIST - Owner of the network - Type of network and type of work - Territory of the municipality or municipalities in which infrastructure is planned to be deployed (the planned construction or installation place should be dedicated if possible) - Planned date to start and finish e) The respective municipality or municipalities shall publish on their website the abovementioned information within fifteen (15) working days upon the receipt of information f) If Municipality does not agree with the route of the infrastructure, they shall provide the reason within a fifteen (15) working day period g) All cables have to be used according to the cable producer requirements h) Covers of manholes have to meet requirements regarding the load (40 tons if it is placed in the surface of the roads). i) Doors for outdoor cable cabinets and covers for distributions points have to be equipped with the lock. j) If a cable or a cable duct is installed under the pedestrian, the red and white warning tape has to be placed above the cable or cable duct, where the distance between tape and cable or cable duct cannot be less than 0.2 m k) If the construction work is provided nearby or crossing another owner’s infrastructure, the entity responsible for the construction work has to ask for the supervision from the owners of that infrastructure. The works near other infrastructure will be manual only. E. BI using existing a) During the construction, workers must be limited to areas under construction and the installations access to surrounding open area must be strictly regulated 55 ACTIVITY PARAMETER MITIGATION MEASURES CHECKLIST b) The entrepreneur that is going to construct, re-construct, install or un-install outdoor electronic communication infrastructure is obliged to inform the respective municipality or municipalities in which territory the activity is planned to be realized with at least the following information; - Owner of the network - Type of network and type of work - Territory of the municipality or municipalities in which infrastructure is planned to be deployed (the planned construction or installation place should be dedicated if possible) - Planned date to start and finish c) The respective municipality or municipalities shall publish on their website the abovementioned information within fifteen (15) working days upon the receipt of information d) If Municipality does not agree with the route of the infrastructure, they shall provide the reason within a fifteen (15) working day period e) All cables have to be used according to the cable producer requirements f) Entrepreneur is obliged to elaborate and publish their safety rules which will ensure the protection of staff, customers, property, and network during the construction, reconstruction, removing, installation and uninstallation during the activities set in the project g) If the construction work is provided nearby or crossing another owner’s infrastructure, the entity responsible for the construction work has to ask for the supervision from the owners of that infrastructure. The works near other infrastructure will be manual only. 56 ACTIVITY PARAMETER MITIGATION MEASURES CHECKLIST F BI using existing a) During the construction, workers must be limited to areas under construction and the powerlines access to surrounding open area must be strictly regulated b) The entrepreneur that is going to construct, re-construct, install or un-install outdoor electronic communication infrastructure is obliged to inform the respective municipality or municipalities in which territory the activity is planned to be realized with at least the following information; - Owner of the network - Type of network and type of work - Territory of the municipality or municipalities in which infrastructure is planned to be deployed (the planned construction or installation place should be dedicated if possible) - Planned date to start and finish c) The respective municipality or municipalities shall publish on their website the abovementioned information within fifteen (15) working days upon the receipt of information d) If Municipality does not agree with the route of the infrastructure, they shall provide the reason within a fifteen (15) working day period e) All cables have to be used according to the cable producer requirements f) Doors for outdoor cable cabinets and covers for distributions points have to be equipped with the lock g) Entrepreneur is obliged to elaborate and publish their safety rules which will ensure the protection of staff, customers, property, and network during the construction, reconstruction, removing, installation and uninstallation during the activities set in the project. 57 ACTIVITY PARAMETER MITIGATION MEASURES CHECKLIST h) If the construction work is provided nearby or crossing another owner’s infrastructure, the entity responsible for the construction work has to ask for the supervision from the owners of that infrastructure. The works near other infrastructure will be manual only. G Rehabilitation a) During interior demolition use debris-chutes above the first floor. of central control system room H Construction of towers for a) During the construction, workers must be limited to areas under construction and the fixed antennas access to surrounding open area must be strictly regulated. b) Only existing roads are to be used. There will be no access roads construction. c) There will be no felling. If the individual tree removal cannot be avoided, it can be done only with the previous written approval from the competent authorities (Kosovo Forest Agency). d) All safety measures will be applied in design, implementation and operation. Soil erosion a) Prevention of erosion and landslides will be carried out with adequate geotechnical work (e.g. use of anchors of enforced concrete with nets, barriers, gabions, etc.), I Fixed monitoring a) During the construction, workers must be limited to areas under construction and the stations access to surrounding open area must be strictly regulated. b) Only existing roads are to be used. There will be no access roads construction. 58 ACTIVITY PARAMETER MITIGATION MEASURES CHECKLIST c) There will be no felling. If the individual tree removal cannot be avoided, it can be done only with the previous written approval from the competent authorities (Kosovo Forest Agency). d) All safety measures will be applied in design, implementation and operation. J Mobile monitoring a) During the construction, workers must be limited to areas under construction and the stations access to surrounding open area must be strictly regulated. b) Only existing roads are to be used. There will be no access roads construction. c) There will be no felling. If the individual tree removal cannot be avoided, it can be done only with the previous written approval from the competent authorities (Kosovo Forest Agency). d) All safety measures will be applied in design, implementation and operation. K Installation of NREN a) During the construction, workers must be limited to areas under construction and the infrastructure access to surrounding open area must be strictly regulated b) Working site should occupy only the surfaces necessary for works to be carried out. L IB Nature protection installation in a) All activities in the protected areas must be approved by the competent authority (MESP Protected or Nature Protection Agency). Areas b) Before works, the area must be checked for dens and nests. In the case these are found, the construction manager must contact the nature protection inspectorate and follow their instructions. 59 ACTIVITY PARAMETER MITIGATION MEASURES CHECKLIST c) Works within the protected and sensitive areas must not be carried out in the nesting and breeding or other sensitive periods for protected species (consult either the Agency or engage a biologist to define the periods). d) The works are strictly confined to the existing infrastructure (roads or electricity). There will be no decoupling form infrastructure and/or earthmoving. 60 PART 3 : MONITORING PLAN When Why What Where How Cost Who (Define the (Is the parameter (Parameter will (Is the parameter (Is the parameter (If not included (Is responsible Phase frequency / or being be monitored?) to be monitored?) to be monitored?) in project budget) for monitoring?) continuity?) monitored?) activity preparation activity During implementation activity During supervision During 61 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. 1. 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 2. 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 3. 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 4. 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. 62 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. … 63 64 ANNEX 5 – LIST OF PROJECTS THAT ARE OBLIGED TO UNDERGO EIA Production and Processing of Metals 1. Metal ore (including sulphide ore) roasting or sintering installations 2. Factories for cast iron and steel influx (primary or secondary fusion), including continuous casting. 3. Factories/foundries for processing of ferrous metals: 3.1. hammer smitheries with an energy output exceeding fifty (50) KJ per hammer, while the power input exceeds twenty (20) KW; 3.2. application of protective fused mixed metal coats with an input which exceeds one (1) tones/hour of steel gross; 3.3. foundries for production of ferrous metals with capacity higher than one hundred (100) tonnes/day. 4. Factories/foundries for: 4.1. non-ferrous metal production and production of non-ferrous crude metals from ore; concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes; 4.2. smelting, including production of alloys, including reclaimed products (refining, casting in foundries, etc.) with production that exceeds one (1) tone/day for lead and cadmium or ten (10) tones/day for other metals. 5. Factories for surface treatment of metals and plastic materials, using electrolytic or chemical processes where the volume of treatment vats exceeds ten (10) m 3 . 6. Installations for surface treatment of substances or products which use organic solvents especially for coating, painting, degreasing, protection against water and colour infiltration, cleaning or pressing where the amount of solvents used exceeds one hundred (100) tonnes/year. 7. Production and processing of alloys from non-ferrous metals which contain arsenic, mercury and lead, with a capacity higher than one thousand (1,000) tonnes/year. 2. Mineral Industry 8. Cement factories containing rotating kilns (baking and drying) with production capacity higher than three hundred (300) ton/day or lime producing factories with rotating limekilns with a production capacity of thirty (30) tones/day or more, or containing other types of kilns with production capacity of thirty (30) tones/day or more. 9. Factories for production of materials using processes such as calcification and baking of minerals which contain toxic elements like, mercury, arsenic and cadmium. 65 10. Glass producing factories, including production of glass fibre, with a production capacity of ten (10) tonnes/day or more. 11. Foundries for smelting of mineral substances, including production of mineral fibres, with a production capacity of ten (10) tonnes/day or more. 12. Factories for production of ceramic products, by firing, especially production of bricks, tiles, refractory bricks, stoneware and porcelain, with a production capacity of thirty (30) tones/day or more. 13. Installations for extraction of asbestos and for the processing and transformation of asbestos and other asbestos containing products, such as: asbestos-cement products, with an annual production of more than five thousand (5,000) tones of finished products; for friction material, with annual production of more than fifty (50) tones of finished products; and for other uses of asbestos, utilization of more than two hundred (200) tones/year. 14. Factories for roasting and sintering of non-metallic minerals with a production capacity of thirty (30) tonnes/day or more. 3. Extractive Industry 15. Quarries and open-cast mining of clay where the surface of the site exceeds five (5) ha, or peat extraction, where the surface of the site exceeds ten (10) ha or involves the extraction of fifteen thousand (15,000) tones or more/annum. 16. Extraction and processing (except liquefaction and gasification) of coal, lignite and bituminous minerals with a production capacity of fifty thousand (50,000) tones/year or more. 4. Chemical Industry 17. Integrated activities for industrial production, through chemical processes, of single substances or groups of substances, listed in the sub-paragraphs 17.1 to 17.7: 17.1. Production of basic organic chemicals, such as: 17.1.1. simple hydrocarbons (linear or cyclic, saturated or not saturated, aliphatic or aromatic); 17.1.2. hydrocarbons which contain oxygen such as: alcohols, carboxylic acids, ethers, acetone, peroxide, epoxy resin; 17.1.3. sulphate hydrocarbons; 17.1.4. nitrogen hydrocarbons, such as amines, amides, nitrogen compounds, nitrate compounds, nitrites, cyanide, isocyanides; 17.1.5. phosphor-containing hydrocarbons; 17.1.6. halogen hydrocarbons; 66 17.1.7. organometallic components; 17.1.8. base plastic materials (polymers synthetic fibres and fibres with a cellulose base); 17.1.9. synthetic rubber; 17.1.10. colourings and pigments; 17.1.11. active-surface agents. 17.2. Production of basic inorganic chemicals, such as: 17.2.1. gases, like ammonia, chlorine, or hydrogen chloride, fluorine or hydrogen fluoride, carbon dioxide, sulphur compounds, hydrogen, sulphur dioxide, carbonyl fluoride; 17.2.2. acids, such as: chromic acid, hydrofluoric acid, phosphoric acid, nitric acid, hydrochloric acid, sulphuric acid, sulphurous acid; 17.2.3. bases, such as ammonium hydroxide, potassium hydroxide, sodium hydroxide; 17.2.4. salts, such as potassium carbonate, sodium carbonate, bleaches based on sodium or potassium borates, silver nitrate; 17.2.5. non metals, metal oxides and other inorganic combinations, such as: calcium carbide, silicon, silicon carbide; 17.3. Production of chemical fertilizers with a phosphate, nitrogen, or potassium base (simple or compound fertilizers); 17.4. Production of basic plant health products and biocides; 17.5. Production of basic pharmaceutical products, colours and pesticides, using a chemical or biological process; 17.6. Production of explosive substances; 17.7. Production of protein nutrition additives, ferments and other protein substances using chemical and biological processes. 5. Energy Industry 18. Thermal power stations and other combustion installations with a heat output of fifty (50) MW or more. 19. Centrals of Nuclear Energy. 20. Installation of electric lines of high voltage with minimum of two hundred and twenty (220) kV and with length longer than ten (10) km. 21. Crude oil refineries and installations for gasification and liquefaction of coal and bituminous shale and installations for reclaiming of used oils involving amounts of one hundred thousand (100,000) tonnes/year or more. 67 22. Installations for storage of petroleum, petrochemical, or chemical products with a capacity of one hundred thousand (100,000) tones or more. 23. Installations for storage of radioactive materials. 6. Transport Infrastructure 24. Construction of lines for long-distance railway traffic and of airports with a basic runway length of two thousand one hundred (2100) m or more. 25. Construction of a new road of two or more lanes, or realignment and/or widening of an existing road to provide two or more lanes, where such new road, or realignment and/or widened section would be five (5) km or more in continuous length. 26. Pipelines with a diameter of five hundred (500) mm or more and a length of ten (10) km or more for the transport of: 26.1. natural gas, oil or chemicals, and 26.2. carbon dioxide (CO2) streams for the purposes of geological storage, including associated booster stations 27. Pipelines with a diameter of eight hundred (800) mm or more and a length of forty (40) km for the transport carbon dioxide (CO2) streams for the purposes of geological storage, including associated booster stations. 7. Food Industry 28. Manufacture and processing of food products from: 28.1. raw materials of animal origin (excluding milk) where production capacity of final product, exceeds thirty (30) tonnes/day; 28.2. raw materials of plant origin where production capacity of final product, exceeds two hundred fifty (250) tones/day (average based on the quarterly value); 28.3. milk products, where the amount of treated milk exceeds one hundred (100) tones/day (average based on annual amount); 8. Waste and Wastewater Treatment and Disposal 29. Installations for incineration, recovery, chemical treatment, or land filling of hazardous waste. 30. Facilities for municipal waste incineration, with an input of 1 tone/hour or more. 31. Landfills for non-hazardous waste, with an input of thirty (30) tonnes/day or more. 32. Plants for treatment of municipal wastewater with a capacity exceeding one hundred thousand (100,000) population equivalents. 33. Plants for treatment of industrial wastewater 68 9. Water Storage, Transfer and Supply Projects 34. Groundwater abstraction or artificial groundwater recharge schemes where the annual volume of water abstracted or recharged is equivalent to or exceeds five (5) million cubic meters. 34.1. Works for the transfer of water resources between river basins where the transfer aims at preventing possible shortages of water and where the amount of water transferred exceeds thirty (30) million m 3 /year. 34.2. In all other cases, works for the transfer of water resources between river basins where the multi-annual average flow of the basin of abstraction exceeds six hundred (600) million m 3 /year and where the amount transferred exceeds 5% of this flow. In both cases transfers of piped drinking water are excluded. 36. Dams and other installations designed for the holding back or permanent storage of water, where a new or additional amount of water held back or stored exceeds five (5) million m 3 . 10. Paper, Wood, Textile and Leather Industries 37. Installations for production of paper and board exceeding one hundred thousand (100,000)m 2 /year. 38. Industrial plants for the: 38.1. production of pulp from timber or similar fibrous materials; 38.2. production of paper and board with a production capacity exceeding fifty (50) tonnes/day. 39. Furniture production with an input of wood or other basic material greater than ten thousand (10.000) m 3 /year. 40. Plants for the pre-treatment (operations such as washing, bleaching, mercerisation) or dyeing of fibres or textiles. 41. Factories for tanning of hides and skins. 42. Installations for intensive rearing of poultry, pigs or livestock with more than: 42.1. ten thousand (10 000) poultry; 42.2. five hundred (500) pigs; 42.3. one hundred (100) cattle; and 42.4. one thousand (1000) small livestock; 12. Other Projects 43. Installations for rendering or disposal of dead animals. 44. Storage sites for the geological storage of carbon dioxide. 69 45. Installations for the capture of CO2 streams for the purposes of geological storage from installations covered by this Annex or where the total yearly capture of CO2 is 1,5 megatons or more. 46. Any change or extension to projects listed in this Annex where such a change or extension in itself meets the thresholds, if any, set out in this Annex. 70 ANNEX 6 – LIST OF PROJECTS THAT SHALL BE EXAMINED CASE BY CASE, IN ACCORDANCE WITH THE CRITERIA SET OUT IN ANNEX 7, IN ORDER TO DETERMINE WHETHER THEY MUST UNDERGO EIA 1. Agriculture, forestry and fishing: 1.1. Projects for the use of uncultivated land or semi-natural areas for intensive agricultural purposes; 1.2. Water management projects for agriculture, including irrigation and land drainage projects; 1.3. Initial afforestation and deforestation, for the purposes of conversation to another type of land use; 1.4. Intensive fish farming. 2. Extractive industry 2.1. Quarries, stone crushers, open-cast mining and peat extraction including sites identifies for municipally managed artisan mining (projects which are not included in Annex 5); 2.2. Underground mining; 2.3. Extraction, crumbling and other minerals by dredging of river beds; 2.4. Deep drillings, in particular: 2.4.1. Geothermal drilling; and 2.4.2. Drilling for water supplies, with the exception of drillings investigating the stability of the soil; 2.4.3. Surface installations for extraction of coal, lignite and bituminous minerals (projects which are not included in Annex 5); 3. Energy Industry 3.1. Industrial installations for the production of electricity, steam and hot water (projects not included in Annex 5); 3.2. Industrial installations for carrying gas, steam and hot water; transmission of electrical energy by overhead cables (projects not included in Annex 5); 3.3. Surface storage of natural gas; 3.4. Underground storage of combustible gases; 3.5. Surface and underground storage of fluid combustible materials (projects not included in Annex 5) and storage in land surface of fossil carburants; 3.6. Industrial briquetting of coal and lignite; 71 3.7. installations for the processing and storage of radioactive waste (unless included in Annex 5); 3.8. Installations for hydroelectric energy production (projects not included in Annex 5); 3.9. Installations for harnessing of wind power for energy production; 3.9.continuous radiate resources (ionizing and non-ionizing). 3.10. Installations for the capture of CO2 streams for the purposes of geological storage (installations not covered by Annex 5); 4. Production and processing of metals 4.1. Installations for the production of pig iron or steel with continuous casting; 4.2. Installations for the processing of ferrous metals (projects not included in Annex 5); 4.3. Ferrous metal foundries (projects not included in Annex 5); 4.4. Installations for the smelting, including the alloyage, of non-ferrous metals, including reclaimed products (refining, foundry casting etc.), (projects not included in Annex 5); 4.5. Installations for surface treatment of metals and plastic materials (projects not included in Annex 5); 4.6. Manufacture and assembly of motor vehicles and manufacture of motor-vehicle engines; 4.7. Installations for the roasting and sintering of metallic ores; 4.8. Installations for building and repairing airplanes; 4.9. Production of railway equipment; 4.10. Disintegration with explosive 5. Mineral Industry 5.1. Coke ovens (dry coal distillation); 5.2. Installations for the manufacture of cement (projects not included in Annex 5); 5.3. Installations for the production of asbestos and the manufacture of asbestos- products (projects not included in Annex 5); 5.4. Installations for production of glass including glass fibre (projects not included in Annex 5); 5.5. Installation for smelting mineral substances including production of mineral fibres (projects not included in Annex 5); 5.6. Manufacture of ceramic products by firing, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain (projects not included in Annex 5); 5.7. Factories for asphalt production; 72 5.8. Factories for beton production. 6. Chemical Industry 6.1. Treatment of intermediate products and production of chemicals; 6.2. Production of pesticides and pharmaceutical products, paint and varnishes, elastomers and peroxides (projects not included in Annex 5); 6.3. Storage facilities for petroleum, petrochemical and chemical products. 7. Food Industry 7.1. Manufacture of vegetable and animal oils and fats (projects not included in Annex5); 7.2. Packing and canning of animal and vegetables products; 7.3. Manufacture of dairy products (projects not included in Annex 5); 7.4. Brewing of beer (projects not included in Annex 5); 7.5. Confectionery and syrup manufacture (projects not included in Annex 5); 7.6. Installations for the slaughter of animals; 7.7. Industrial installations for production of farina; 7.8. Sugar factories (projects not included in Annex 5). 8. Textile, Leather, Wood and Paper Industry 8.1. Factories for the production of paper and board (projects not included in Annex 5); 8.2. Plants for pre-treatment (washing, bleaching, mercerization) or dying of fibres or textiles (projects not included in Annex 5); 8.3. Plants for the tanning of hides and skins. 8.4. Cellulose-processing and production installations. 9. Rubber Industry 9.1. Manufacture and treatment of elastomer-based products 10. Infrastructure Projects 10.1. industrial estate development projects; 10.2. urban development projects, including the construction of shopping centres and car parks; 73 10.3. construction of railways and intermodal transshipment facilities, and of intermodal terminals (projects not included in Annex 5); 10.4. constructions for airports and airfields (projects not included in Annex 5); 10.5. construction of roads (projects not included in Annex 5); 10.6. inland waterway construction or modification; 10.7. flood prevention projects including modifications to river channels (projects not included in Annex 5); 10.8. dams or other installations designed to hold water or store it on long-term basis (projects not included in Annex 5); 10.9. Construction or modification of tramways, elevated or underground railways, suspended lines or similar lines of a particular type, used exclusively or mainly for passenger transport; 10.10. Oil and gas pipeline installations and pipelines for the transport of CO2 streams for the purposes of geological storage (projects not included in Annex 5). 10.11. Groundwater abstractions and artificial groundwater recharge schemes (projects not included in Annex 5; 10.12. Works for the transfer of water resources between river basins (projects not included in Annex 5). 11. Tourism and Leisure 11.1. Ski-runs, ski-lifts, and cable cars and associated activities; 11.2. Holiday villages and hotel complexes outside urban areas and associated developments; 11.3. Permanent camp and caravan sites; 11.4. Theme parks; 11.5. Infrastructure installations in protected zones, not included in spatial plans 12. Other Projects 12.1. Permanent racing and test tracks for motorized vehicles; 12.2. Installations for the disposal of waste (projects not included in Annex 5); 12.3. Waste- water treatment plants (projects not included in Annex 5); 12.4. Sludge deposition sites (projects not included in Annex 5); 12.5. Storage of scrap iron and other metals, including scrap vehicles; 12.6. Installations for the manufacture of artificial mineral fibres (projects not included in Annex 5); 12.7. Installations for the recovery or destruction of explosive substances; 74 12.8. Sites for disposal of industrial non-hazardous waste; 12.9. Sites for storage and processing of dead and unwanted animals (projects not included in Annex 5); 12.10. Food industries (projects not included in Annex 5 or under section 7 above). 12.11. Any change or extension of projects given in Annex 5 or Annex 6 already authorized, executed or in the process of being executed, which may have significant adverse effects on the environment (change or extension not included in Annex 5); 12.12. Projects in Annex 5, undertaken exclusively or mainly for development and testing of new methods or products and not used for more than two (2) years. 75 ANNEX 7 – CRITERIA FOR SCREENING 1. Characeristics of the projects 1.1. The characteristics of the project must be considered having regard, in particular, to: 1.1.1. the size of the project; 1.1.2. environment impact when combined with other existing or expected future projects; 1.1.3. the use of natural resources; 1.1.4. the production of waste; 1.1.5. pollution and nuisances; 1.1.6. risk of accidents, having regard in particular to substances or technologies used 2. Location of projects 2.1. The environmental sensitivity of geographical areas likely to be affected by projects must be considered, having regard, in particular to: 2.1.1. the existing land use; 2.1.2. the relative abundance, quality and regenerative capacity of natural resources in the area; 2.1.3. the absorption capacity of the natural environment, paying particular attention to the following areas: 2.1.3.1. wetlands; 2.1.3.2. mountain and forest areas; 2.1.3.3. nature reserves and parks; 2.1.3.4. special protection areas; 2.1.3.5. areas in which the environmental quality standards laid down in Community legislation have already been exceeded; 2.1.3.6. densely populated areas; 2.1.3.7. landscapes of historical, cultural or archaeological significance. 3. Characteristics of the potential impact 3.1. The potential significant effects of projects must be considered in relation to criteria set out in 1 and 2 above, and having regard in particular to: 76 3.1.1. the extent of the impact (geographical area and size of the affected population); 3.1.2. the transboundary nature of the impact; 3.1.3. the magnitude and complexity of the impact; 3.1.4. the probability of the impact; 3.1.5. the duration, frequency and reversibility of the impact. 77 ANNEX 8 – MINUTES OF THE ESMF CONSULTATION MEETING Consultations of ESMF, took place in MED building in Pristina on April 16, 2018 . The document was previously published on MED web site (on April 4, 2018) and made available in hard copy at its premises for 14 days. Information on its disclosure, followed by public consultations was posted at MED web site, public consultation platform of the Government of Kosovo, and, public hoarding. Both, the document and announcement, was provided in Albanian, Serbian and English language. Figure 1 Public announcement in Albanian language 78 Figure 2 Public announcement in Serbian language Figure 3 Public announcement in English 79 The meeting started at 11 a.m. There were present representatives of the MED Mr. Agim Kukaj - Head of the Department of Post, Telecommunications, and Information and Communication Technology, Mr. Enver Basha – Head of Telecommunications Division, Ms. Ajshe Jashari – Head of ICT Division, Ms. Fjolla Restelica - Senior Officer for Electronic Infrastructure, and Mr. Besnik Berisha – consultant of The World Bank who took part as observer. No other stakeholders expressed interest to take part in this public consultation and there were no feedback received during the consultation period. Picture 1 Public Consultation in Pristina (MED Building) The public discussion meeting was chaired by Mr. Kukaj who asked from the participants to once again contribute to the ESMF document. Then, Mr. Basha presented the ESMF document starting with brief introduction of the importance of the ESMF for the Project, and then went through the different parts of 80 it with special focus on mitigation measures checklist for the Project subcomponents. The discussions were concentrated on the deployment of broadband infrastructure. It was agreed that there is very challenging requirement for the minimum distance that shall be maintained when laying a cable or cable duct in parallel with other engineering networks or traffic routes in horizontal direction which is specifically defined as not lower than 5 meters (requirement 2.1 page 32). Also there was agreed that project description needs to be more concise and readable. Picture 2 Public announcements At the end of the meeting it was concluded that there were great efforts from the MED to inform different stakeholders and citizens who will be able to send their comments till April 17, 2018. There are two distinct conclusions from the public consultation: (a) remove the element “2.1 the edge of the base of a road earth embankment� from the ESMF document, and start procedures for reviewing of the MED Regulation N0. 05/2017 for Construction, Installation, and Supervision of Electronic Communications; (b) shorten the project description to make it more concise and readable. Figure 3 Participants List 81 i Through prior feasibility studies and public consultations with communities and ISPs. However, note that throughout duration of the Project, the situation may evolve. Thus, each specific lot will be re-verified prior to any public investment taking place. There are also more areas that could be identified as ‘white areas’. The Project’s budget does not allow to cover all ‘white’ areas. Project will start with the identified areas per the agreed prioritization framework and will be adding more areas, if the budget allows. ii Spectrum management is the combination of administrative, scientific and technical procedures necessary to ensure the efficient operation of radio-communication equipment and services without causing interference. Simply stated, spectrum management is the overall process of regulating and administering use of the radio frequency spectrum. The goal of spectrum management is to maximize spectrum efficiency and minimize interference. Rules and regulations, based on relevant legislation, form a regulatory and legal basis for the spectrum management process.� Spectrum Research Consultancy for ARKEP (2013), personal communications. iii The training will significantly raise awareness and acceptance of YOU beneficiaries of global online work platforms. It will do so by helping beneficiaries create profiles on different platforms and bid on various job opportunities. Those beneficiaries who do not have a bank account and/or credit card account will receive appropriate support. This way the KODE Project will also help increase financial inclusion, especially women, 57% of whom, by one account, do not have a bank account (compared to 31 percent of men without a bank account). 82