SFG1274 REV PROPOSED CREDIT IN THE AMOUNT OF 10.00 (US$M) TO THE REPUBLIC OF TAJIKISTAN FOR A Real Estate Registration Project (P154561) ENVIRONMENTAL MANAGEMENT FRAMEWORK November 2, 2015 TABLE OF CONTENTS I. BACKGROUND & PROJECT DESCRIPTION ..................................................................... 3 Project Location and Basic Physical Characteristics Relevant to the Project. ...................... 5 II. ENVIRONMENTAL ASSESSMENT, MONITORING AND MANAGEMENT .................. 6 Environmental management Framework, Monitoring and Supervision .............................. 10 Annex 1. Standard Environmental Precautionary Clauses for Bidding Documents .................... 12 Annex 2. Clauses to be included in the Basic Terms of Reference for the PMU M&E Specialist ...................................................................................................................................... 13 Annex 3. EMP for Construction and Rehabilitation Activities .................................................... 14 2 I. BACKGROUND & PROJECT DESCRIPTION  Introduction Tajikistan is a mountainous, landlocked country of about 143,100 km2 and a population of about 8.5 million. It is one of the poorest countries in Central Asia. During past decade more than one million rural people were lifted out of poverty. However, rural poverty remains a significant challenge. To create shared prosperity and reduce extreme poverty, the country must fundamentally re-orient its current consumption-driven growth model, which is ultimately unsustainable. To meet the goals to reduce extreme poverty and promote shared prosperity it will be necessary to support the expansion of opportunities for private firms and poor and vulnerable groups, by strengthening the rule of law and reducing transactions costs for doing business, including for property transactions. Since 1999 the Bank has been active in the land sector, beginning with the Bank-financed Farm Privatization Support Project (FPSP) and continuing over the past decade with the Land Registration and Cadaster System for Sustainable Agriculture Project (LRCSP). With 4.6 million hectares of agricultural land and almost two thirds of the population living in rural areas and dependent on agriculture, land rights for farmers continue to be significant for reducing poverty and increasing shared prosperity. The LRCSP has financed farm restructuring focused on dividing larger collective farms into family-held parcels in order to enable more rural people to be independent farmers, and the LRCSP has regularized land use rights for families already farming on separate parcels but without official documentation. LRCSP has supported the issuance of inheritable land use rights certificates for over one hundred thousand families in rural areas. The next step for the government is to allow these rights to become tradable and thereby create a rural land market. To support such a market a proper land registration system is needed. The country continues its reforms of the real property sector with the establishment of the State Unitary Enterprise for Registration of Immovable Property (SUERIP) as the sole property registry and cadaster entity in the country, with the possibility to provide greater tenure security for all citizens of Tajikistan, as well as foreign investors. SUERIP was created by the Law on State Registration in 2008, but only established in fact on January 2, 2015. SUERIP has the mandate to register all immovable property (with proper location information in the cadastre) and has already absorbed the BTI offices as well as the cadastre function of the State Committee for Land Management and Geodesy. The Country Partnership Strategy (CPS) for 2015-2018 stresses the need to alter the current consumption-driven growth model to achieve the authorities’ objectives by creating jobs that will absorb the employable youth and create economic wealth. The Project is provided for under the Private Sector Led Growth Pillar of the CPS. By strengthening the role of the private sector, the objective is to create enabling conditions to expand micro, small and medium-sized enterprises and thereby create jobs. The Project would directly contribute to this outcome by supporting the implementation of a unified registration system nationwide, which would improve tenure security and reduce transaction costs for property transactions. Increased tenure security would also allow for more secure mortgaging of real property, thus laying the foundation for productive investments, business development and job creation. The Project will closely coordinate with the IFC which is also supporting improvements to the investment climate and tax administration. 3  Project Description A. Project Development Objective The development objective of the project is to support the implementation of a real estate registration system nationwide which is reliable, transparent and efficient. This is supposed to be achieved by: (a) developing the real estate registration system throughout the entire country with efficient procedures, systems, and human resources; (b) organizing and digitizing the documents and data currently in the BTIs and MK and creating systems for data management and electronic registration; (c) legal framework development; and (d) increasing public awareness of the registration system and how to register. Proposed key results include: 1) reduction in transaction time for registration; 2) rules, procedures and information widely and easily accessible to all users; 3) increase in the number of properties registered in the system; and 4) increased trust in the registration system by users. B. Project Context The proposed components include: a) Real Estate Registration System Development. This component would support the establishment of a national real estate registration system and the institutional development of SUERIP. The component would include: physical infrastructure improvements, improving customer services and transparency, support to planning and institutional sustainability, support further development of policy and the regulatory framework for registration, and support training activities. b) IT Software Development and Data Management. This component would support the digitizing/conversion of paper documents into a central database and development of a basic IT system. The component would include activities such as: data conversion, data capture and incorporation into the new system (paper and digital), conversion of mortgage information (currently help by the Ministry of Justice) and incorporation into the new system, software development, IT hardware, and a web portal for professionals and the public. c) Public Awareness and Education, Monitoring and Evaluation, Project Management. This component would include: support to manage the project through financing a small project unit, monitoring and evaluation, and public awareness and education campaigns and outreach activities. Public awareness and educations activities would make use of non-governmental organizations interested in land rights, rural citizens and women, in particular. Monitoring and evaluation would include gender disaggregated data on registration as is already collected for issuance of use rights certificates. Monitoring would also include a citizen feedback mechanism to track improvements in customer service and confidence in the system. The component will also support strengthening SUERIP’s grievance redress mechanism for registration. C. Implementing Agency 4 The Project is to be implemented by the Republican organization of state registration, which is more commonly referred to as the State Unitary Enterprise for Registration of Immovable Property (SUERIP) and its subordinate organizations, which are known as the Territorial organizations of state registration. SUERIP was constituted by an order of the government of March 2, 2013 that also incorporated Markaz Zemin (responsible for land management) and the BTIs (responsible for technical inventory) into SUERIP. The new organization was formally registered at the Ministry of Justice on June 16, 2014, it has legal personality, and its charter was adopted by the State Land Committee in December 2014. SUERIP has all the necessary departments needed for implementation – legal, registration, cadaster, information technology, human resources, accounting, finance and monitoring, and archives. SUERIP is a decentralized institution in that the rayon level offices are independent, self-financing entities, however all funds and procurement would be managed centrally according to World Bank policies and procedures, though rayon level offices would be key beneficiaries. As SUERIP is a new institution and has never implemented a Bank-financed project, a great deal of capacity building would be necessary. The proposed project would be implemented through SUERIP, and would be coordinated by a small Project Implementation Group (PI) to be established for the project. The PI would be responsible for the following functions: (i) planning and budgeting; (ii) procurement; (iii) financial management and disbursement; and (iv) monitoring and evaluation. Project Location and Basic Physical Characteristics Relevant to the Project. The Project is located in Tajikistan and will be implemented in 64 districts all over the country where the SUERIP territorial offices exist. The basic physical characteristics of the country vary from highlands to lowlands, from rocky mountains to lowland plains, and from cold to dry climate. The Republic of Tajikistan is situated in Central Asia between 36o40' of the northern latitude and 67o31' and 75o14' of the eastern longitude, nearly at the same level with Greece, or southern areas of Spain or Italy. The Republic of Tajikistan stretches as long as 700km from west to east, and 350 km from north to south, with a total acreage of 143 km2. Its borders with China, Afghanistan, Uzbekistan and Kyrgyzstan respectively stretch for 430 km, 1030 km, 950 km and 590 km. In the west it includes desert and semi-desert fragments of the Turan Lowlands that were transformed into piedmonts. Mountainous ridges of Tyuan Shan and Pamir are located in the east; and where the highest peaks in the Central Asia may be found. The mountains occupy 93% of its territory, while almost half of the country is located above 3000m sea level. The Tajikistan climates is influenced by the interaction of a number of factors determined, primarily, by its geographic location, surface composition, air circulation and sun radiation, the latter being the most significant of all. The geographic location of Tajikistan is peculiar because the country is situated far from open oceans and seas, within the continent of Eurasia. That is why its climate is sharply continental, being characterized by swift seasonal and daily fluctuations of meteorological components. Relatively cold winter is suddenly replaced by rainy spring, which is also suddenly followed by arid summer. There is an almost entire absence of 5 precipitation throughout several months of the year, however highland regions of Pamir are an exception. The warm and dry weather in autumn is suddenly replaced by cold and rainy, often frosty ones, quickly followed by warm sunny days. Annual flow of precipitation is not adequate in diverse regions of the country. In the majority of regions, the maximum amount of precipitation falls in the cold season, i.e. nearly 65% of the annual value, on average. Tajikistan is the main zone of flow formation in the Aral Sea basin. The majority of ecological problems appear with respect to water resources use. Some 64 m3 of water is formed annually on the territory of Tajikistan and 500 m3 of water is accumulated in glaciers (the total number of glaciers is 8492 with the total area of 8476,2 km2). These water resources, while a natural wealth of the country, also contribute to the occurrence of such natural calamities as mud slides, floods, waterlogging, salinization, pollution, etc. As a result of this degradation occurs. Hydro-works, roads, and river banks are being destroyed, forests and individual species of fauna are disappearing, quality of the environment is deteriorating, and the fish catch is reducing. Purification of waste water has become a great problem. In the republic 65% of the population uses tap water for domestic and drinking needs and some 35% uses water from rivers, canals, wells, ie. water which doesn't correspond to the epidemiologic standards. From the total number of rural population only 51% are provided with tap water, 34% of water supply lines fail to meet sanitary norms The problem of air pollution is also tangible. Disposal of harmful substances into the atmosphere from stationary sources comprises 1290 thousand tons per year, including gaseous and liquid - 86,6 thousand tons per year. In Dushanbe, Tursun-Zade, Yavan, Khudjant, Kurgan-Tyube concentration of polluting substances exceeds considerably the maximum permissible level. The process of forests degradation is of special concern. In the past years the development of new territories, appearance of new villages and lack of fuel led to destructive deforestation. As a result of these processes the areas under forest are diminished and what is more important, the number of valuable and endemic types of plants is reduced. The monitoring of the condition of these plants will allow for concrete measures for their protection and rational use. II. ENVIRONMENTAL ASSESSMENT, MONITORING AND MANAGEMENT  Potential Adverse Environmental Impacts and Principles of Mitigation SUERIP and its staff are located in the State Land Committee headquarters in Dushanbe. All the territorial organizations have been formed, with staff coming from Markaz Zemin, the BTIs and some newly recruited staff who will deal with registration. There are some 2000 staff, with plans to recruit more. There are to be 64 territorial offices (one in each rayon), but many have not yet found office space to house all staff in one suitable place, and finding such space is a priority for SUERIP. Renovations in the offices will include indoor rehabilitation and refurbishment of existing, or newly acquired, office space for the SUERIP Offices. Minor construction, carpentry and masonry works are envisaged, including physical arrangements which would facilitate operations and user-friendliness of the offices. 6 The main environmental impacts envisaged at this stage would deal with construction practices – such as disturbances to the immediate neighbors, dust and noise generation, waste management, chance findings and possible encounters of hazardous wastes or materials such as asbestos. World Bank Environmental Safeguard Policies applicable to the RERP are Operational Policy OP 4.01 on Environmental Assessment. The RERP has been assigned an overall category of B, since the project indirectly involves potential adverse environmental impacts on human populations or environmentally important areas that are less adverse than those of Category A projects. The procedures of registration of immovably property that will take place under the framework of the RERP concerns agricultural lands, domicile, and other privately held lands. Under the project, there will be no privatization of national park areas, natural/official forested areas, or areas classified as vulnerable habitat zones. Physical Cultural Resources - OP/BP 4.11 has been triggered as a precaution. It is not known which buildings will be renovated and it is possible one or more may be cultural resources. Cultural resources will be included in the EMP Checklist and site specific EMP-checklists prepared during implementation as sites are identified. The works will not include land acquisition or works beyond the existing footprints of the buildings. The works will not include demolition of buildings and will be done in respect to all of the legal requirements in country and/or entity, as well as the World Bank’s Operational Policy 4.01 on Environmental Assessment. The Project does not directly support purchase or use of pesticides or other pest management activities. The Project will not involve resettlement because there will not be new building but repairing of existing offices. To the extent that such activities occur, the Project would use, or if necessary develop, a community decision making process and appropriate measures to mitigate adverse impacts, if any. The project will not involve international waterways or disputed areas. Principles of Mitigating Environmental Risks In order to avoid, prevent or mitigate the potential occupational and community health and safety risks, potential environmental impacts on air quality, underground waters, noise disturbance, waste generation and management, good demolition/construction practice will be used implementing several mitigation measures as proposed within the Environmental Mitigation Plan - EMP Checklist (Annex 4). The main responsibility for implementation of EMP related measures lays on the Contractor/Sub-contractor, who needs to take into account and apply on a daily basis all proposed preventive and mitigation measures. The Site Supervisor needs to supervise the mitigation measures by the Contractor/Sub-contractor, and issue corrective instructions and/or orders, as necessary. Since the exact locations of future works are not known at this stage, a template EMP within this document will be used for all future locations, revised and adapted as per the local conditions on site. It is also the Client’s obligation to be aware of, and to meet, all of the local permitting requirements.  Relevant legislation and regulations 7 Tajik national environmental policy is aligned with the Bank’s Environmental Assessment Requirements in the context of the proposed project. It is based on the Constitution of Tajikistan which guarantees “favourable ecological conditions� to every citizen, on the Law on Nature Protection, other related laws, and on the current regulations produced by the State Committee for Environmental Protection (CEP). According to the Tajikistan Law on Ecological Expertise, all civil works, including rehabilitation works, should be assessed for their environmental impacts and proposed mitigation measures, and be reviewed and monitored by the SCEP. SCEP and its regional officers are also responsible for environmental impact assessment ("Otsenka Voshzdeistviya na Okrujajushuiu Sredu" (OVOS)) and state ecological expertise ("Gosudarstvennaya Ecologicheskaya Ekspertiza") for all investment projects. In connection with this, the direction of the ecologic policy of the Republic of Tajikistan is determined in the adopted laws and by-laws which contain the following principles: - preservation and restoration of natural resources and their reproduction and self- rehabilitation; - intensification of scientific and social research in the sphere of environmental protection and nature use; - extension and intensification of the comprehensive survey of mountain and flatland ecosystems paying attention to the rapid introduction of new ecologically safe technologies in industry and agriculture; - creation of scientific-research subdivisions on nature protection, organization of training for ecologists; - expansion of the areas under nature protection, and territories in different nature zones; - rehabilitation of eroded lands in the zone of intensive cotton breeding and industrial pollution; - environmental monitoring. Currently existing nature protection legislation of Tajikistan envisages the following groups of legal acts: Laws, Governmental normative acts. Criminal and administrative liability are foreseen for violations in the sphere of nature protection. The following laws have provisions on construction and reconstruction activities in Tajikistan - The Constitution of the Republic of Tajikistan - Law of the Republic of Tajikistan "On Environmental Protection" - Law of the Republic of Tajikistan "On Air Protection" - Law of the Republic of Tajikistan "On ecological expertise" - Law of the Republic of Tajikistan "On Biological Safety" - Law of the Republic of Tajikistan "On Soil Protection" - Law of the Republic of Tajikistan "On Wildlife world " - Law of the Republic of Tajikistan" On specially protected natural territories " - Law of the Republic of Tajikistan" On environmental monitoring " - Law of the Republic of Tajikistan" On ecological education of the population " - Law of the Republic of Tajikistan " On Environmental Information " - Law of the Republic of Tajikistan" On Production and Consumption Waste " - Law of the Republic of Tajikistan" On Radiation Safety " - Law of the Republic of Tajikistan " On protection and use of flora " - Law of the Republic of Tajikistan “On the prohibition of unauthorized collection and implementation of mummies and mummy containing raw material " 8 - Law of the Republic of Tajikistan " On Hydrometeorology Activity " - Water Code of the Republic of Tajikistan - Land Code of the Republic of Tajikistan - Forest Code Law of the Republic of Tajikistan - Law of the Republic of Tajikistan "On ensuring sanitary and epidemiological safety of the population" - Law of the Republic of Tajikistan "On informatization" - Law of the Republic of Tajikistan "On State Secrets" - Law of the Republic of Tajikistan" On State Statistics " - Law of the Republic of Tajikistan" On the press and other mass media " - Law of the Republic of Tajikistan " On Public Associations " Law of the Republic of Tajikistan "On Environmental Expertise" (April 22, 2003, № 20) governs the general procedure for organizing and conducting the state and public environmental impact assessments, the rights and obligations of the parties involved in the environmental impact assessment, establishes the right of citizens to obtain information on the environmental hazard; designed, constructed and operated facilities at its conclusions based on the procedure for appeal and consideration of disputes, and establishes liability for violation of legislation on environmental impact assessment. According to the Law "On Environmental Protection", Tajik citizens are entitled to participate in and control the development, adoption and implementation of decisions related to the impact on the environment. This right is ensured by the publication and public discussion of draft environmentally significant decisions. The “Order for administrative procedures related to the construction activities in the Republic of Tajikistan� defines the types of construction works that require obtaining permits, including: a) reconstruction (redevelopment, conversion) of residential or non-residential premises (building parts), as well as conversion (change of functional purpose) premises; b) temporary buildings; c) alterations to existing buildings; d) hardscape areas and fencing; e) open playgrounds, sidewalks, paving around the buildings (structures). For some types of construction works the Order provides the simplified procedures. It also describes the order for project documentation design, including all necessary agreements, including sanitary, environmental, fire protection, etc. Works on protected constructions If a construction is protected or part of the protected cultural property registered in the Cultural Heritage Register of the Republic of Tajikistan, it is necessary, when implementing the project, to adhere to the laws and guidelines issued by the Ministry of Culture, such as the state register of objects of historical and cultural heritage - the system list being the main source for preparation of databanks or information systems about objects of historical and cultural heritage and their use; and zones of protection of immovable objects of historical and cultural heritage - 9 the territories determined by the legislation in which there are these objects or proceed works on their identification and determination. Environmental management Framework, Monitoring and Supervision The particular small civil works as well as buildings and facilities to be repaired and reconstructed within the project are not currently defined, so the EMF is drawn up as an overall approach for all, but will be specified in each case, once the specific sites are known. The current EMF proposes several levels of monitoring, management and supervision: (a) Standard Environmental Precautionary Clauses for Bidding Documents For small civil works related to office rehabilitation the standard generic clauses will be included in each set of bidding documents1. The draft Checklist EMP2 should be included in each proposal as well. (b) Contracting If competitor wins, the EMP and full Checklist3 will be developed and completed for each proposal including all necessary procedures of environmental conciliation according national legislation and requirements, and all necessary permissions and agreements from responsible national and/or local bodies of the Committee of Environmental Protection. The EMP will be included as an integral part of the contract. (c) Existing CEP Officials. Raion/district environmental inspectors will monitor possible environmental risks caused by small civil works. (d) PMU Monitoring and Evaluation specialist will take care of the relevant EMP checklists prepared by the Contractor as obligatory part of the Contract. He/she will also provide overall supervision and review bidding documents for inclusion of necessary environmental clauses. The basic clauses related to the environmental duties of the M&E specialist are listed in Annex 3. (e) Subject Specific Measures  Minor office reconstructions. All civil works will be designed and implemented in accordance with environmentally sound engineering practices, and governed by existing environmental screening procedures and contractual standards. The environmental guidelines for contractors have led to reduced damage to landscapes undergoing civil works.  A streamlined approach to preparing environmental management plans (EMPs) for minor rehabilitation or small-scale construction is based on a similar approach used by the Second Land and Real Estate Registration Project (Kyrgyz Republic), and Land Registration and Cadastral System Project (AF, Tajikistan), which was designed to be user friendly and 1 See Annex 1 2 See Annex 3 3 See Annex 3 10 compatible with safeguard requirements. A detailed description is attached in Annex 4. It is anticipated that this approach will provide the key elements of an EMP to meet World Bank Environmental Assessment requirements under OP 4.01. Consultation and Disclosure This EMF was disclosed on August 12, 2015 to the World Bank Infoshop. The EMF has been published in the national newspapers "Asia Plus" (dated September 3, 2015, in Russian) and "Sado Mardum" (dated September 4, 2015, in Tajik). It has been posted at the same time on the website: info.cadastre.tj. The EMF has also been posted on all public notice boards in all SUERIP offices around the country. The EMPs that will be prepared at a later stage of the Project will also be disclosed on the public notice boards of the relevant offices and by newspaper or SUERIP’s website. A Workshop to Review the draft “Environmental Management Framework� under the “Real Estate Registration Project� was held in Dushanbe on October, 16 2015 with representatives of SUERIP, Representative of the Committee on Environmental Protection, and several representatives of SUERIP local offices. Several questions were asked and answered (see Annex 4 for details). There were no major issues and the document has not been changed from that which was disclosed on August 12, 2015. 11 Annex 1. Standard Environmental Precautionary Clauses for Bidding Documents The competitor commits itself to follow the environmental requirements, in particular: (a) Preservation of natural landscape, to the extent possible, by conducting operations in a manner that will prevent unnecessary destruction or scarring of natural surroundings. Except where required for permanent works, quarries, burrow pits, staging and processing areas, dumps, and camps, all trees, saplings, and shrubbery should be protected from unnecessary damage by project-related activities. (b) Prevention of accidental spillage of contaminants, debris, or other pollutants, especially into streams or underground water resources. Such pollutants include untreated sewage and sanitary waste, tailings, petroleum products, chemical, biocides, mineral salts, and thermal pollution. (c) Proper disposal of waste materials and rubbish. If disposal by burial or fire, it should not negatively affect air, soil or ground water supplies according national standards. (d) Minimal air and water pollution emissions. Dust from the handling or transporting of aggregates, cement, etc., should be minimized by sprinkling or other methods. (e) Contractor’s facilities, such as warehouses and storage areas, should be located so as to preserve the natural environment (such as trees and other vegetation) to the maximum extent possible. After project construction, the area will be restored to its quasi-original condition in order to avoid deterioration. (g) Contractor will be responsible to check renovated buildings if they could be cultural resources registered in the Cultural Heritage Register of the Republic of Tajikistan, and if necessary, will adhere regulations issued by the Ministry of Culture for the objects of historical and cultural heritage. (h) The competitor (if wins the bidding) will be accountable for passing the procedure of environmental conciliation according national legislation and requirements, and for receiving necessary permissions and agreements from responsible national and/or local bodies of the Committee of Environmental Protection. (i) The competitor apply the draft Checklist EMP to the set of the bidding documents, and (if wins the bidding) will be responsible, in accordance with the Project EMF, to develop and complete the full subproject/contract EMP as an integral part of the contract before its signing. 12 Annex 2. Clauses to be included in the Basic Terms of Reference for the PMU M&E Specialist  Collect and analyze information on the monitoring templates from contractors for small repair and construction works  On-site (on selective basis) and off-site control of the EMF implementation. 13 Annex 3. EMP for Construction and Rehabilitation Activities The checklist-style format covers typical mitigation approaches to common civil works contracts with localized impacts, and can be updated to incorporate the current experience with subproject implementation. This checklist could be directly applicable to bidding documents and after being completed form an integral part of contract documents for civil works. The checklist has three sections:  Part 1 is a descriptive part (“site passport�) that describes project details including physical location, institutional and legislative aspects, the public consultation process, and a project description, including the need for a capacity building program. Attachments with additional information can be added if necessary.  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 uses the same format as the one required for standard World Bank EMPs. It is the intention of this checklist that draft Part 2 and Part 3 be included as bidding documents for contractors and grant recipients. Before contracting the overall EMP should be developed site-specifically and in necessary detail, defining clear criteria and parameters that can be included in the works contracts and grant agreements, which reflect the status of environmental practices on the construction site, and that can be observed/measured/quantified/verified by the inspector during the construction works. Application of the EMP-Checklist The design process for the envisaged civil works will be conducted in three phases: General identification and scoping phase, in which the objects for rehabilitation, demolition, extension and/or complete reconstruction are selected, and an approximate program for the potential work typologies elaborated. Part 2 of the tabular EMP can be used to select typical activities from a “menu� and relate them to the typical environmental issues and mitigation measures. Detailed design phase, including specifications and bills of quantities for individual objects, integrating environmental provisions in the form of a tabular EMP. This phase also includes the tender and award of works contracts and grants. In this phase, the contractor’s/grant recipient’s obligations regarding environmental measures during the works are contractually fixed. During the implementation phase, environmental compliance is checked on site (along with other quality criteria) by the contractor/grant recipient under supervision of the PMU’s M&E and/or environmental specialist. The monitoring plan in Part 3 of the EMP table is the basis for verifying the contractor’s/grant recipient’s compliance with the required environmental provisions. The practical application of the EMP checklist would include filling in Part 1 to obtain and document all relevant site characteristics. In Part 2 the type of foreseen works, as obtained from 14 the design documents, would be checked and the resulting provisions listed below highlighted (e.g., by hatching the field or copying and pasting the relevant text passages into the special provisions of the tender documents. The completed tabular EMP is then attached as an integral part of the works/grant and, analogous to all technical and commercial terms, has to be signed by the parties to the contract or grant agreement. Part 3 would be filled in during the design process to fix key monitoring criteria that can be checked during and after works for compliance assurance and ultimately the contractor’s remuneration and grant payment. 15 EMP Checklist PART 1: INSTITUTIONAL & ADMINISTRATIVE Oblast/raion Project title Scope of project and activity Implementation Safeguard Local Counterpart Local Contractor arrangements Supervision Supervision Inspectorate (Name and contacts) Supervision SITE DESCRIPTION Name of site Describe site location Attachment 1: Site Map [ ]Y [ ] N Who owns the land? Description of geographic, physical, biological, geological, hydrographic and socio-economic context Locations and distance for material sourcing, especially aggregates, water, stones LEGISLATION Identify national & local legislation & permits that apply to project activity PUBLIC CONSULTATION Identify when and where the public consultation process took place INSTITUTIONAL CAPACITY BUILDING Will there be any [ ] N or [ ]Y if Yes, Attachment 2 includes the capacity building program capacity building? 16 PART 2: ENVIRONMENTAL /SOCIAL SCREENING Will the site activity Activity Status Additional references include/involve any Building rehabilitation [ ] Yes [ ] No See Section B below of the following: New construction [ ] Yes [ ] No See Section B below Individual wastewater treatment system [ ] Yes [ ] No See Section C below Historic building(s) or district(s) [ ] Yes [ ] No See Section D below Acquisition of land4 [ ] Yes [ ] No See Section E below Hazardous or toxic materials5 [ ] Yes [ ] No See Section F below Impacts on forests and/or protected areas [ ] Yes [ ] No See Section G below Handling or management of medical waste [ ] Yes [ ] No See Section H below Traffic or pedestrian safety [ ] Yes [ ] No See Section I below ACTIVITY PARAMETER MITIGATION MEASURES CHECKLIST A. General Notification and Worker Safety  Local construction and environment inspectorates and communities have been notified of upcoming activities. Conditions  The public has been notified of the works through appropriate notification in the media and/or at publicly accessible sites (including the site of the works).  All legally required permits have been acquired for construction and/or rehabilitation.  The contractor/grant recipient formally agrees that all work will be carried out in a safe and disciplined manner designed to minimize impacts on neighboring residents and environments.  Workers’ PPE will comply with international good practice (hardhats always, masks and safety glasses as needed, harnesses and safety boots).  Appropriate signposting of the sites will inform workers of key rules and regulations. B. General Air Quality  During interior demolition, debris-chutes shall be used above the first floor. Rehabilitation and  Keep demolition debris in controlled area and sprayed with water mist to reduce debris dust. /or Construction  Dust from pneumatic drilling/wall destruction shall be suppressed by ongoing water spraying and/or installing Activities dust screen enclosures on site.  The surrounding environment (sidewalks, roads) shall be kept free of debris to minimize dust.  There will be no open burning of construction/waste material at the site.  There will be no excessive idling of construction vehicles at sites. Noise  Construction noise will be limited to restricted times agreed to in the permit.  During operations the engine covers of generators, air compressors and other powered mechanical equipment shall be closed, and equipment placed as far away from residential areas as possible. Soils and Water Quality  The site will establish appropriate erosion and sediment control measures such as e.g., hay bales and/or silt fences to prevent sediment from moving off site and causing excessive turbidity in nearby streams and rivers. Waste management  Waste collection and disposal pathways and sites will be identified for all major waste types expected from demolition and construction activities.  Mineral construction and demolition wastes will be separated from general refuse, organic, liquid and chemical wastes by on-site sorting, and will be stored in appropriate containers.  Construction waste will be collected and disposed of properly by licensed collectors.  Records of waste disposal will be maintained as proof of compliance with proper waste management as agreed.  Whenever feasible the contractor/grant recipient will reuse and recycle appropriate and viable materials (except 4 Land acquisitions includes displacement of people, change of livelihood encroachment on private property this is to land that is purchased/transferred and affects people who are living and/or squatters and/or operate a business (kiosks) on land that is being acquired. 5 Toxic / hazardous material includes and is not limited to asbestos, toxic paints, removal of lead paint, etc. 17 asbestos). ACTIVITY PARAMETER MITIGATION MEASURES CHECKLIST C. Individual wastewater Water Quality  The approach to handling sanitary wastes and wastewater from building sites (installation or reconstruction) must treatment system be approved by the local authorities.  Before being discharged into receiving waters, effluents from individual wastewater systems must be treated in order to meet the minimal quality criteria set out by national guidelines on effluent quality and wastewater treatment.  Monitoring of new wastewater systems (before/after) will be carried out.  Construction vehicles and machinery will be washed only in designated areas where runoff will not pollute natural surface water bodies. D. Historic building(s) Cultural Heritage  If the building is a designated historic structure, very close to such a structure, or located in a designated historic district, notification shall be made and approval/permits shall be obtained from local authorities, in line with local and national legislation, addressing all construction activities.  Provisions shall be put in place so that artifacts or other possible “chance finds� encountered in excavation or construction are noted and registered, responsible officials contacted, and works activities delayed or modified to account for such finds. E. Acquisition of land Land Acquisition  If expropriation of land was not expected but is required, or if unexpected loss of income from legal or illegal Plan/Framework users of land occurs, the Bank’s Task Team Leader shall be immediately consulted.  The approved Land Acquisition Plan/Framework (if required by the project) will be implemented. F. Toxic Materials Asbestos management  If asbestos is located on the project site, it shall be marked clearly as hazardous material.  When possible, the asbestos will be appropriately contained and sealed to minimize exposure.  Prior to removal (if necessary), asbestos will be treated with a wetting agent to minimize asbestos dust.  Asbestos will be handled and disposed by skilled & experienced professionals.  If asbestos material is be stored temporarily, the wastes should be securely enclosed inside closed containers and marked appropriately. Security measures will be taken against unauthorized removal from the site.  The removed asbestos will not be reused. Toxic / hazardous waste  Temporary storage on site of all hazardous or toxic substances will be in safe containers labeled with details of management the composition and properties of the contents as well as handling instructions.  Containers holding hazardous substances shall themselves be placed inside leak-proof containers to prevent spillage and leaching.  Wastes shall be transported by specially licensed carriers and disposed of in a licensed facility.  Paints with toxic ingredients or solvents or lead-based paints will not be used. G. Affects forests, wetlands Protection  All recognized natural habitats and protected areas in the immediate vicinity of the activity will not be damaged and/or protected areas or exploited, and all staff will be strictly prohibited from hunting, foraging, logging or other damaging activities.  A survey and inventory shall be made of large trees in the vicinity of the activity; large trees shall be marked and cordoned off with a fencing, their root systems protected, and any damage to large trees avoided.  Adjacent wetlands and streams shall be protected from construction site run-off, with appropriate erosion and sediment controls including but not limited to hay bales and silt fences.  There will be no unlicensed burrow pits, quarries or waste dumps in adjacent areas, especially not in protected areas. H. Disposal of medical Infrastructure for medical  In compliance with national regulations the Contractor/Grant Recipient will insure that newly constructed and/or waste waste management rehabilitated health care facilities include sufficient infrastructure for medical waste handling and disposal; this includes but is not limited to: 18 -special facilities for segregated healthcare waste (including soiled instruments, “sharps,� and human tissue or fluids) from other waste disposal; -appropriate storage facilities for medical waste are in place; and, -appropriate disposal options, in place and operational, if the activity includes facility-based treatment. ACTIVITY PARAMETER MITIGATION MEASURES CHECKLIST I Traffic and Pedestrian Direct or indirect hazards to  In compliance with national regulations the Contractor/Grant Recipient will insure that the construction site is Safety public traffic and properly secured and that construction-related traffic is regulated. This includes but is not limited to: pedestrians by construction  signposting, warning signs, barriers and traffic diversions: site will be clearly visible and the public warned activities of all potential hazards;  traffic management system and staff training, especially for site access and near-site heavy traffic; Provision of safe passages and crossings for pedestrians where construction traffic interferes;  adjustment of working hours to local traffic patterns, e.g., avoiding major transport activities during rush hours or times of livestock movement;  active traffic management by trained and visible staff at the site, if required for safe and convenient passage by the public; and,  ensuring safe and continuous access to office facilities, shops and residences during renovation activities, if the buildings stay open for the public. 19 Part 3. Environmental monitoring plan for activities during project construction and implementation Phase What Where How When Why Cost Who (Is the parameter (Is the parameter (Is the parameter (Define the (Is the parameter (if not included in (Is responsible to be monitored?) to be monitored?) to be monitored?) frequency / or being project budget) for monitoring?) continuous?) monitored?) During activity preparation During activity implementation During activity supervision Such parameters and criteria include the use of PPE by workers on the site, dust generation and prevention, amount of water used and discharged by site, presence of proper sanitary facilities for workers, collection of different types of waste (mineral waste, wood, metals, plastic, and hazardous waste, such as asbestos, paint residues, and spent engine oil), waste quantities, proper organization of disposal pathways and facilities, and reuse and recycling wherever possible. 20 Annex 4: Consultations Minutes of the Final Workshop to Review the draft “Environmental Management Framework� under the “Real Estate Registration Project� Date: October, 16 2015 Dushanbe Participants: Mr. Sharipov S. Chairman – Deputy Director of the SUE “RIP� Mr. Valiev M. – Chief specialist on monitoring and evaluation of the LRCSP Project Invitees: Representatives of SUE “RIP� from raions, members of the working group on development and preparation of draft documents, its supervision and implementation, representatives of governmental and non-governmental organizations (the list of participants is attached). Mr. Sharipov S., the Deputy Director of the SUE “RIP�, has opened the final workshop to review the draft “Environmental Management Framework� under the “Real Estate Registration Project� and talked about the abovementioned draft and financing, as well as on activities to be implemented, especially about the civil works and rehabilitation operations, provided under the project implementation and asked the participants to consider and discuss the abovementioned draft. The participants had following ideas and questions. Question: Munavvarov R. – Director of the subsidiary production unit of the SUE “RIP� in Nurobod raion – what kind of Project activities should follow the environmental requirements? Answer: The project is basically a technical project and major civil works and rehabilitation operations are not stipulated under the project, only minor refurbishment and reconstruction activities within the existing building footprint and proposed Environmental Management Framework and implementation of its requirements are related to that. Question: Rajabov I. - Deputy Director of the subsidiary production unit of the SUE “RIP� in Varzob raion – who or which organization will supervise implementation of the requirements on proposed Environmental Management Framework? Can the public supervise it? Answer: Our today's discussion relates to this matter exactly, and its supervision must not depend on one person or agency but rather the public and the corresponding agencies must to supervise it in order to avoid the negative environmental impacts. Due to the fact that the civil works consist only of buildings’ renovation, in our opinion their impact on the environment is insignificant. In spite of this the relevant specialists will be responsible for implementation of its supervision and its terms and conditions will be specified in their contracts. 21 Question: Solehov Sh. – the head of the department on registration and legalization of the SCLMG – how the activities on Environmental Management Framework will be supervised under the Project? Answer: First of all the requirement is proposed under the draft, that the task of each participant or executor of the assignment must be obvious and clear and it requires obligatory supervision. Firstly executor of the assignment must propose the types of activities on Environmental Management Framework within the framework of the documents drawing up. Secondly during the conclusion of the contract the implementation of the abovementioned activities on Environmental Management Framework will be the integral part of the contract. The lead specialist from the department on technical registration of the SUE “RIP� Mrs. Zuhra Nuri made a speech and explained to attendees the procedure on implementation of environmental requirements during performance of activities on supervision over the environmental protection. At the same time the standards and requirements of the plan on environmental protection must be followed completely in accordance with the accepted standards during building renovation, as well as the proposed tables on environment must be filled in. It was mentioned, that the standards and requirements on environmental protection must comply with the regulatory and legal acts, adopted by the Government of the Republic of Tajikistan. Question: Boboev Hakim - Deputy Director of the subsidiary production unit of the SUE “RIP� in Shahrinav raion – what are the tasks of the subsidiary production units of the SUE “RIP� in implementation of the activities on Environmental Management Framework? Answer: First of all the supervision and monitoring of activities by the representative of the subsidiary production unit, and acceptance of works on buildings renovations will not be possible without the agreement of your representative. The coordinator of works on buildings renovations on-site is the representative of the subsidiary production unit. Question: Hasanova Z. – Chief specialist of OJSC “Shahrofar� – who will be responsible for implementation of the activities on renovation and reconstruction? Answer: In accordance with the regulations on prevention of negative impact of activities on the environment the contractor will be responsible entirely. Question: Samiev M. - head of the department of the subsidiary production unit of the SUE “RIP� in Vahdat city – who will develop and submit the environmental management plan? Answer: The tender winner will prepare and submit the tender documents, as well as the environmental management plan check list and its draft. Mr. Sharipov S. had summed up the workshop and expressed his opinion regarding the necessity of implementation of the activities on Environmental Management Framework under the abovementioned Project, their observance under the regulatory and legal acts on environment protection in the Republic of Tajikistan. The following decisions had been taken during the workshop on discussion of draft “Environmental Management Framework� under the “Real Estate Registration Project�: 1. To take into account the proposals and the recommendations on draft “Environmental Management Framework�; 22 2. To consider the draft “Environmental Management Framework� as acceptable and it must be submitted to World Bank for consideration; 3. The specialists of the SUE “RIP� must cooperate with other relevant organizations institutions for the purpose of its efficient implementation during conclusion of contracts and their implementation. THE LIST OF WORKSHOP PARTICIPANTS # City/Raion Name/Surname Phone # Representative 1 SUE “RIP� Sharipov S. 2 SUE “RIP� Khabirov M. 981066230 3 OJSC “Shahrofar� Hasanova Z. 221-68-21 4 Subsidiary production unit Rajabov I. 935220366 of the SUE “RIP� in Varzob raion (Deputy) 5 Subsidiary production unit Munavvarov L. 985406346 of the SUE “RIP� in Nurobod raion (Director) 6 Subsidiary production unit Toshov H. 933455091 of the SUE “RIP� in Rogun raion (Deputy) 7 Subsidiary production unit Saidzokirov of the SUE “RIP� in Khorog city (Director) 8 Representative of the SUE Dodikhudoev 938220145 “RIP� in BMAR (Badakhshan Mountainous Autonomous Region) 9 Subsidiary production unit Kilichbekov A. 934337088 of the SUE “RIP� in Roshtkala raion 10 Non-governmental Kurbonov B. 938802185 organization “Latif� Coordinator on field works 11 LRCSP Project Davlatov J. 981066228 Chief specialist on procurement 12 LRCSP Project Valiev M. 981066225 Chief specialist on monitoring and evaluation 13 Representative of the Solehov Sh. 900558800 department on registration and legalization of the SUE “RIP� 14 Subsidiary production unit Boboev Hakim 23 of the SUE “RIP� in Shahrinav raion (Deputy Director) 15 Subsidiary production unit Kurbonova Mahfuza of the SUE “RIP� in Tursunzade city (Deputy Director) 16 Subsidiary production unit Samiev M. of the SUE “RIP� in Vahdat city Head of Department 17 LRCSP Project Sharipov Naqibkhon 987326059 Lawyer 18 Representative of the SUE Nuri Zuhro 987320063 “RIP� 19 Representative of the SUE Haknazarov Ramazon 985619289 “RIP� 20 Representative of the Ahmadov J. 985263620 Committee on Environmental Protection (RRS) 24