APPENDIX - 1 Gap Assesment for Scoping Report in April 2019 · 2021. 1. 8. · Bechtel–ENKA...

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Appendix-1: Gap Assessment for Scoping Report in April 2019

ESIA Final Report November 2020

SE102-000-ES-REP-00002 1 / 132

APPENDIX - 1

Gap Assesment for Scoping Report in April 2019

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Gap Assessment for Scoping Study

April 2019

ANKARA

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Vers

ion

Revis

ion

Date

Prepared by Checked by Approved by

Fin

al

C.0

April 5, 2019

Elçin Kaya Celal DenizliYasemin Celikel

Zeynep ÇeliklerDragan

KovacevicVojislav Filipovic D. Emre Kaya Günal Özenirler

SociologistInternational

Ecologist Social Impact

Specialist

Environmental

Engineer Ecologist Archaeologist

Environmental Engineer

Environmental Engineer, M.S.

Revision Codes: A: Draft, B: Final Draft, C: Final

Project No: 19/003

April 2019

Client: Client: Consultant:

international

Balmumcu Mah., Zincirlikuyu Yolu No: 10, 34349,

Beşiktaş Istanbul, Turkey Phone: +90 (212) 376 10 00

Fax: +90 (212) 376 19 80

11 Pilgrim Street London England

EC4V 6RN UnitedKingdom

Tel: +44 20 7651 7777 Fax: +44 20 7651 7972

2U1K INTERNATIONAL LTD. PS 6 - 3rd Floor, The Meydan Office

Tower Meydan Road, P.O. Box 450676

Dubai – UAE : +90 (533) 283-6569

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TABLE OF CONTENTS

Page

List of Annexes ...................................................................................................................... iii

List of Tables and Figures ..................................................................................................... iv

List of Abbreviations ............................................................................................................... v

1. INTRODUCTION ............................................................................................................ 1

2. GAP ASSESSMENT PROCESS ................................................................................... 3

2.1 Aim of the Gap Assessment Document ................................................................... 3

2.2 Methodology of Gap Analysis .................................................................................. 3

2.2.1 Desktop Review .......................................................................................... 3

2.2.2 Reference Documents ................................................................................. 4

2.2.3 Field Visit ..................................................................................................... 4

2.2.4 Reporting ..................................................................................................... 5

2.3 Expert Team ........................................................................................................... 6

2.4 Limitations ............................................................................................................... 6

2.5 Preliminary Impact Assessment Methodology ......................................................... 6

3. PROJECT OVERVIEW .................................................................................................. 9

3.1 Project Location ...................................................................................................... 9

3.2 Area of Influence ....................................................................................................10

4. RELATED PLANS OF RELEVANCE .......................................................................... 12

5. LEGAL FRAMEWORK ................................................................................................ 13

5.1 National Legislative Requirements .........................................................................13

5.1.1 Environmental Impact Assessment .............................................................13

5.1.2 Nature Conservation ..................................................................................16

5.1.3 Environment ...............................................................................................16

5.1.4 Labour and Working Conditions .................................................................19

5.1.5 Occupational Health and Safety .................................................................19

5.1.6 Public Disclosure ........................................................................................20

5.1.7 Land Acquisition .........................................................................................20

5.1.8 Cultural Heritage ........................................................................................21

5.2 International Standards and Guidelines ..................................................................21

5.2.1 UK Export Finance (UKEF) ........................................................................21

5.2.2 Overseas Private Investment Corporation (OPIC) ......................................22

5.2.3 IFC Performance Standards .......................................................................22

5.2.4 Equator Principles ......................................................................................23

5.3 Gap Assessment between International ESIA and National EIA Processes ...........24

5.4 International Conventions and Agreements ............................................................25

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6. SUMMARY OF INITIAL STAKEHOLDER STUDIES ................................................... 27

6.1 Natural Reservation Institution ...............................................................................28

6.2 CIP .........................................................................................................................29

6.3 Highway Institute ....................................................................................................30

6.4 Roads of Serbia .....................................................................................................31

6.5 Jaroslav Cherni ......................................................................................................32

6.6 Summary of Catch interviews .................................................................................34

7. PROJECT STAKEHOLDERS ...................................................................................... 41

8. SUMMARY OF ENVIRONMENTAL AND ECOLOGICAL FIELD STUDIES ................ 44

9. SUMMARY OF KEY FINDINGS .................................................................................. 51

10. PRELIMINARY IMPACT ASSESSMENT OF THE PROJECT .............................. 67

11. CONCLUSION ...................................................................................................... 85

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LIST OF ANNEXES

Annex 1 Photo log for the Ecological Field study

Annex 2 Details Concerning the Communal Waste Disposal Sites to be Potentially Used Within The Scope of the Project

Annex 3 Maps

Annex 4 ESIA Content

Annex 5 Tentative Schedule for ESIA Works

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LIST OF TABLES AND FIGURES

Page

Table 1-1. Project Phases ..................................................................................................... 1

Table 2-1. List of Experts ....................................................................................................... 4

Table 2-2. List of Experts ....................................................................................................... 6

Table 2-3. Impact Significance .............................................................................................. 7

Table 3-1. Project Location .................................................................................................... 9

Table 4-1. Related Plans of Relevance ............................................................................... 12

Figure 5-1. EIA Procedure ................................................................................................... 15

Table 5-1. Serbian Legal Framework on Habitats and Species ........................................... 16

Table 5-2. Gap Assessment of National EIA and International ESIA Processes .................. 24

Table 5-3. International Conventions and Agreements ratified by Serbia ............................. 25

Table 6-1. Summary of Key Informant Interviews ................................................................ 27

Table 6-2. Summary of Catch Interviews ............................................................................. 34

Table 7-1. List of Stakeholders ............................................................................................ 41

Table 8-1. Summary of Environmental and Ecological Field Studies ................................... 44

Table 9-1. Environmental and Social Appraisal: Compliance Summary ............................... 51

Table 10-1. Preliminary Impacts of Construction Phase of the Project ................................. 67

Table 10-2. Preliminary Impacts of Operation Phase of the Project ..................................... 81

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LIST OF ABBREVIATIONS

AoI Area of Influence

ECA Export Credit Agency

EIA Environmental Impact Assessment

EP Equator Principles

ESHR Environmental and Social Human Rights

ESIA Environmental and Social Impact Assessment

ESMP Environmental and Social Management Plan

EU European Union

IFC International Finance Cooperation

IJC Jaroslav Cerni Water Institute

ILO International Labour Organisation

MCTI Ministry of Construction, Transport and Infrastructure

OPIC Overseas Private Investment Corporation

PPM Public Participation Meeting

PS Performance Standards

SEP Stakeholder Engagement Plan

UKEF UK Export Finance

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1. INTRODUCTION

This document is the Gap Assessment for Scoping Study for the ‘Morava Corridor Motorway

Project’ (hereinafter referred to as ‘the Project’) located in the West Morava Region of

Serbia. Construction of the Project will be conducted under international consortium between

Bechtel–ENKA Construction and Industry Inc. (hereinafter referred to as “BEJV”). On the

other hand, the Ministry of Construction, Transport and Infrastructure is the Owner and

Beneficiary of the Project. The Project is approximately 111 km long motorway that connects

the country with Preljina from Poja.

This Project is planned to connect Cacak and Western Serbia with Corridor-10, and linked

areas with more than 500,000 people and 21,000 companies. Also, the Project will enable

faster and better quality traffic flow on the cross-link between the existing motorway E-75

Belgrade-Niš and the Ibar motorway, i.e., the new E-763 South Adriatic highway.

The Project has previously prepared National Environmental Impact Assessment (EIA)

Report and received an approval from related authorities. However, in Spring of 2014, Serbia

faced a tragic flood disaster that has affected houses, infrastructure, livelihood, agriculture,

and industries. The Jaroslav Černi Water Institute (IJC), known as the leading research

organization in Serbia's water sector, conducted a hydro-technical study in order to

harmonize the Project (route and facilities in the motorway corridor) with the regime of water,

the existing water facilities and the plans for water management. The objective of the Study

was to present the changed hydrological conditions (after floods of May 2014) and to provide

the level of protection to the Project from floods and erosion effects of watercourses.

Therefore, the Project started a new Location Condition collection in order to receive national

EIA for the re-proposed Project, for all phases. This study will harmonize the Project

(including route and facilities in the motorway corridor) with the regime of water, the existing

water facilities and water management plans.

Brief information on the Project phases is presented in Table below. For convenience, the

project has been divided into 3 phases including 9 sections distributed differently along each

phase, to better allow for construction planning.

Table 1-1. Project Phases

Phase Location Length Section Preliminary Design

Year

Phase I Pojate (loop) to bridge in the South Morava

27 km Sections 1 through 3 2012

Phase II Bridgein the South Morave to Makresane

53 km Sections 4 through 7 2013

Phase III Makresane to Kosevi

31 km Sections 8 through 9 2012

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The EIA report covers the project characteristics and national legislative framework in detail,

impact assessment (in particular, noise and air impacts) and mitigation measures to a certain

extent. However, the EIA Report does not cover the social baseline surveys, detailed

ecological and archaeological field surveys. According to the existing EIA Report, the Project

encompasses the following facilities: 10 bridges, 7 culverts, 4 underpasses, 7 overpasses

and one existing overpass that are being reconstructed.

The proposed Project shall be funded by UK Export Finance (UKEF) and Overseas Private

Investment Corporation (OPIC) of US as well as US Exim Bank, which require ESIA to be

prepared in accordance with the “IFC Guidelines of the World Bank Group” and the Serbian

Environmental Impact Assessment Legislation.

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2. GAP ASSESSMENT PROCESS

2.1 Aim of the Gap Assessment Document

This Report assesses the available information on environmental, social, health and safety,

and public consultation in regards to national requirements, all relevant EU substantive

environmental standards, and IFC Performance Standards on Environmental and Social

Sustainability (IFC PSs).

It further assesses the extent of the risk posed by each identified gap, and provides an

opinion as to whether the risk issue should be further assessed and/or considered for

avoidance, minimization and mitigation, and how it should be monitored.

In this regard, this Report provides a compliance matrix for the Project, summarizing and

comparing the Project requirements with the IFC PSs relevant to the Project, and the extent

to which these have been met and the actions required to meet them.

The Report identifies the requirements for any further investigations and supplementary

documentation that will need to be prepared as well as additional procedures and activities

that will need to be undertaken so as to meet the IFC PSs.

It is important to note that, this Report has been prepared based on the latest project

information available at the stage of the Project design.

2.2 Methodology of Gap Analysis

The initial gap analysis was based on the professional experience and expertise team

formed for the Project, discussions with the wider project team, and reviews of the existing

project documents.

The approach to the gap analysis is based on IFC’s PSs but Equator Principles are also

considered.

2.2.1 Desktop Review

The desktop review includes an environmental and social appraisal of the existing

environmental and social documentation and any available strategic level assessment

documentation (including national EIA), plus supporting documentation.

A review of the existing Project specific documents conducted in order to understand the

previous studies that have been carried out and to identify the main topics to be further

assessed in the scope of gap assessment.

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2.2.2 Reference Documents

Following list presents existing resources that have been reviewed to assess environmental

and social documentation and other Project relevant documentation.

Project design and route information

Studies on the Environmental Impact Assessment Project of the E-761 Motorway

Project border of Republika Srpska - Pozega - Preljina - Pojate, section Pojate -

Krusevac (Kosevi) from km 0-229.75 to km 27 + 600.00 (Traffic Institute CIP, 2018)

EIA of Preliminary Design of Motorway E - 761 Pojate – Preljina, Section: Adrani –

Mrcajevci (Institute for Roads J.S.C.,2011)

Hydro technical Study Corridor of the Motorway E-761, Section Pojate-Preljina

Field Study Outcomes (March 18 – 22, 2019)

2.2.3 Field Visit

The following table includes the list of observation points to be visited during the field surveys

in order to carry out ecological and social as well as archaeological observations.

Table 2-1. List of Experts

Survey ID WGS 1984 UTM Zone 34N

Nearest Settlement X Y

1 535756 4844178 Pojate

2 534982 4842945 Pojate

3 533632 4840939 Varvarin- Ćićevac

4 533059 4839726 Varvarin- Ćićevac

5 532941 4836542 Stalać

6 531728 4836514 Maskare

7 531158 4835405 Maskare

8 529422 4834589 Bošnjane

9 530611 4836223 Maskare

10 530075 4831026 Makrešane -Šanac

11 529735 4829310 Makrešane

12 525796 4828486 Krusevac- Bivolje-Jasika

13 522036 4827134 Čitluk

14 518177 4827010 Kukljin

15 511578 4828400 Seliste

16 505753 4830408 Medvedja

17 502106 4830860 Trstenik- Bogdanje

18 496286 4831285 Vrnjci -Ruđinci

19 495717 4832425 Vrnjci-Lozna

20 490817 4834392 Vrnjci

21 487069 4835834 Podunavci

22 486892 4838232 Podunavci

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Survey ID WGS 1984 UTM Zone 34N

Nearest Settlement X Y

23 482829 4838366 Vrba

24 479196 4841989 Kraljevo -Kovanluk

25 476970 4842767 Kraljevo

26 474658 4843714 Kraljevo -Grdica

27 472097 4846280 Popovići

28 466463 4849156 Lađevci

29 463165 4851451 Katrga

30 458656 4856063 Donja Gorevnica

31 454777 4857892 Stančići

32 452735 4860950 Čačak

33 451432 4862990 Čačak

Field studies were carried out in between March 18 and 22, 2019. In the scope of the site

visit, in addition to the field observations, meetings with local stakeholders including the local

EIA consultants, local authorities etc. of which a list is provided in Table 6.1 in Section 6.

2.2.4 Reporting

After the assessment process the environmental and social issues, findings from the site

visit, observations, document review and key informant interviews were summarized and

presented to the BEJV as a Summary of Key Findings in this Report.

On the other hand, the content of this Report includes the followings;

Social and Environmental compliance assessment of the Project documentation in

regards to national requirements, IFC requirements and all relevant international

standards.

Review of the environmental and social management procedures and identify gaps

(including further need of Project documentation)

Overview of findings gathered from the field study.

It is important to note that this gap analysis is not an audit nor an Environmental and Social

Impact Assessment.

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2.3 Expert Team

Table below presents the list of experts involved in the Scoping Report process for the

Project.

Table 2-2. List of Experts

Expert Name Title

Dündar Emre Kaya Environmental Engineer

Elçin Kaya Sociologist

Celal Denizli International Ecologist

Dragan Kovacevic Ecologist (local expert)

Vojislav Filipovic Archaeologist (local expert)

Zeynep Celiker Environmental Engineer

2.4 Limitations

The EIA Reports of the Project have not been completed for each phase of the Project. 2U1K

team was presented with EIA Reports for Phase 1 and Phase 3, on the other hand, since the

EIA for Phase 2 has not been completed, the information gathered for Phase 2 is limited.

Also, overall time schedule for gap assessment studies were limited, therefore, in-depth

analyses were not conducted within the scope of gap assessment.

2.5 Preliminary Impact Assessment Methodology

The Project impacts may occur as positive and/or negative. Determination of the type of

impact is the first step of the impact assessment process. Positive impacts are the impacts

that provide improvement on the baseline conditions of the social and environmental

aspects. Negative impacts lead undesirable changes on the social and environmental

aspects.

The second step of the assessment is the determination of the impact magnitude and it is

based on geographical size and the impact duration. The duration of the impact may be

short-term, long term or permanent.

The impact duration that defines timeframe of the impact, which may include the following

timeframes:

Short-term: impacts that are expected to only occur during the construction phase of

the project, which is estimated to occur in four years.

Long-term: impacts that are expected to occur throughout the operation phase of the

project.

Permanent: impacts that are expected to be permanent to the project affected

people.

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The extent of the impact refers tothe geographical borders of the impact, which include

project area, local area, regional area and national level.

Project Area: potential impacts that only cover the borders within the project site.

(500 m buffer zone)

Local: potential impacts area that covers the vicinity of the Project area. (village

level)

Regional: potential impacts that cover throughout Municipality level.

National: potential impacts that expected to create changes at national level.

Once a rating is completed for duration and extent, magnitude of the impact will be ranked

from the following model list:

High magnitude: An impact that is widespread, long lasting.

Medium magnitude: An impact that extends beyond the area of disturbance to the

surrounding area but is contained within the region where the project is being

developed. The impacts are short term.

Low magnitude: A localised impact that is temporary or short term.

The third step of the assessment is the determination of the impact significance and it is

based on the likelihood and the magnitude of the impact. Likelihood of the impact refers to

the possibility of the occurrence of the impact and it may be negligible, not likely, likely or

certain as follow:

Negligible: No impacts will occur.

Not likely: impacts are not expected. Impacts may possibly occur but infrequently.

Likely: impacts that are expected to occur in most circumstances.

Certain: the outcome of impacts will certainly occur.

Significance of the impact will be determined by using of the following matrix.

Table 2-3. Impact Significance

Significance of the Impact

Likelihood Unlikely Likely Certain

Magnitude of the Impact

Low Insignificant Low Low

Medium Low Moderate Moderate

High Moderate High High

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Insignificant impact: Insignificant impact is rated where a resource or receptor, including

communities, will not be impacted in any way by the project, or the predicted impact is

considered to be negligible or unnoticeable or cannot be distinguished from natural

background variations.

Low significance: An impact of low significance can be rated where an impact will be

experienced, but the impact magnitude is small (with and without mitigation) and, within

accepted standards, and/or the receptor is of low sensitivity or value.

Moderate significance: An impact of moderate significance is rated when the results are

within accepted limits and standards. It means that the negative impact has been reduced to

a level that is low, or positive impact enhanced as far as reasonably practicable.

High significance: An impact of high significance is rated when an accepted limit or

standard may be exceeded, or large magnitude impacts occur to highly valued/ sensitive

resource/ receptors.

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3. PROJECT OVERVIEW

3.1 Project Location

According to the existing EIA Report, the Project Area is located inside the West Morava Region of Serbia. The table below presents

respective locations of each phase and sections of the Project.

Table 3-1. Project Location

Phase Location Section Cadastral Municipality

Phase 1 The bridge on the South Morava is led by Pojat via Ćićevac to Stalač - City on the right bank of the river Velika and South Morava.

Section 1: Pojate - most on the South Morava river from km 0 + 000 to km 8 + 055 in length of 8.06 km

Pojate,

Ćićevac, Lučina, Varvarin selo,

Stalać Town of Stalać

Section 2: Bridge on the South Morava river - Makrešane (beginning bypass Krusevac) from km 8 + 055 to km 14 + 700 with a length of 6.64 km

Section 3: Makrešane (beginning bypass around Krusevac) - Goals (end bypass around Krusevac) from km 14 + 700 to km 26 + 500 in the length of 11,80 km

Phase 2 Bridge in the South Morava - Makrešane, located in the Krusevac basin zone. The route was led by Stalaca - the city on the left bank of the river Morava to the village of Makrešane, where the route crosses the right bank of the West Morava river and fits into the existing main road M-5. The route is designed with an embankment across the West Morava alluvial.

Section 4: Krusevac (bins) - Lopaška River from km 27 + 600 to km 41 + 500 with a length of 13.90 km

The town of Stalac

Maskare

Mrzenica

Bosnjane

Šanac

Makrešani

Section 5: Lopaška River - Trstenik from km 41 + 500 to km 55 + 900 to length of 14.40 km

Section 6: Trstenik - Tovarnica River from km 55 + 900 to km 67 + 125 to length of 11.22 km

Section 7: River Tovarnica - Adrani from km 67 + 125 to km 80 + 450 to length of 13.32 km

Phase 3 Makrešane-Kosevi, located in the Krusevac basin zone, on the part of the existing main road M-5 and on the same section for which the expansion of the existing road is planned for ~ 15 m. The route is led north of Krusevac with the alluvion of the Western Morava.

Section 8: Adrani - Mrčajevci from km 79 + 000 to km 97 + 000 in the length of 18,00 km

Makrešane

Šanac

Bivolje

Lazarica

Jasika

Čitluk Kukljin

Peplikac.

Section 9: Mrčajevci - Preljina from km 97 + 000.00 to km 109 + 612.72 in length of 12.61 km.

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3.2 Area of Influence

The Area of Influence (AoI) is an important element in assessing environmental and social

impacts of a proposed development since it informs about the physical and/or social extent

onto which the assessment should be performed. According to the definition given in IFC PS-

1, the AoI encompasses:

The area likely to be affected by:

o (i) the project1 and the client’s activities and facilities that are directly owned,

operated or managed (including by contractors) and that are a component of

the project2;

o (ii) impacts from unplanned, but predictable developments caused by the

project that may occur later or at a different location; or

o (iii) indirect project impacts on biodiversity or on ecosystem services upon

which Affected Communities’ livelihoods are dependent.

Associated facilities, which are facilities that are not funded as part of the project and

that would not have been constructed or expanded if the project did not exist and

without which the project would not be viable3.

Cumulative impacts4 that result from the incremental impact, on areas or resources

used or directly influenced by the project, from other existing, planned or reasonably

defined developments at the time the risks and impacts identification process is

conducted.

Briefly, the relevant Area of Influence for the Project, which is defined at this stage of the

Project is;

The primary Project route

The extended Project area, including access roads, quarries, asphalt and batching

plants, maintenance areas, and construction camps to be realized due to the Project

Waste disposal facilities and the roads associated with waste management (i.e.

sanitary landfills, waste recycling facilities);

Material supply locations and the roads associated with transport;

1 Examples include the project’s sites, the immediate air shed and watershed, and/or transport corridors.

2 Examples include power transmission corridors, pipelines, canals, tunnels, relocation and access roads, borrow and disposal areas, construction camps, and contaminated land (e.g., soil, groundwater, surface water, and sediments).

3 Associated facilities may include railways, roads, captive power plants or transmission lines, pipelines, utilities, warehouses, and logistics terminals.

4 Cumulative impacts are limited to those impacts generally recognized as important on the basis of scientific concerns and/or concerns from Affected Communities. Examples of cumulative impacts include: incremental contribution of gaseous emissions to an airshed; reduction of water flows in a watershed due to multiple withdrawals; increases in sediment loads to a watershed; interference with migratory routes or wildlife movement; or more traffic congestion and accidents due to increases in vehicular traffic on community roadways.

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Area extent of receptors (i.e. soil, surface water and ground water) that may be

impacted from supply and waste management operations;

For Social AoI, although a corridor of 1.000 m width (500 m on each side of the

motorway) along the Project route was chosen, depending on the extent of the social

impact, this distance can be expanded to cover (see Table 9.1 for further

explanation).

For Environmental AoI, a corridor of 1,000 m width (500 m on each side of the

motorway) along the Project route

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4. RELATED PLANS OF RELEVANCE

Table below presents national plans and strategies of the Serbian Governmental Authorities

that are observed to the relative in terms of obtaining references for future ESIA studies.

Table 4-1. Related Plans of Relevance

Name of the Related Plan Publication Date

Source

Sub-Basin Level Flood Action Plan

- Velika Morava River Basin and Right Danube Tributaries between the Sava River Mouth and RS- BG Border -

November, 2009

https://www.icpdr.org/main/sites/default/files/FAP12_Velika_Morava.pdf

Flood Action Plan in the Morava River Basin November, 2009

https://www.icpdr.org/main/sites/default/files/FAP04_Morava.pdf

National Report of the Republic of Serbia to the Habitat III Conference

September, 2016

http://habitat3.org/wp-content/uploads/Habitat-III-Report-Republic-of-Serbia-EN.pdf

General Master Plan for Transport in Serbia, Final Report

October 2009

http://www.seetoint.org/wp-content/uploads/downloads/2014/01/Serbia_General-Master-Plan-for-Transport-2009.pdf

Spatial Plan for the Republic of Serbia December 2010

http://www.rapp.gov.rs/en-GB/content/cid310/spatial-plan-for-the-republic-of-serbia

Development Partnership Framework 2016-2020 May 2017 http://rs.one.un.org/content/dam/unct/serbia/docs/Publications/DPF_ENG_30_May_2017_FINAL_SIGNED.pdf

National Action Plan on Sustainable Housing and Urban Development for Serbia

Date not available

https://www.unece.org/fileadmin/DAM/hlm/projects/UNDA-9th_tranche/Documents/Serbia/Serbia_Country_Profile_Action__Plan_DRAFT_ENG_final.pdf

Serbia and Agenda 2030:

Mapping the National Strategic Framework vis-a-vis the Sustainable Development Goals

2018 https://rsjp.gov.rs/EN/wp-content/uploads/2018/07/Agenda_2030_i_Srbija_-_Report_ENGLISH_2802.pdf

Department for Strategic Planning, Studies and Development

Date not available

http://www.putevi-srbije.rs/index.php/en/organisation/sector-for-strategy,-designing-and-development/department-for-strategic-planning,-studies-and-development

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5. LEGAL FRAMEWORK

An ESIA study will be carried out by way of taking relevant national legislation as well as the

lenders' and other international guidelines into consideration. The main pieces of legislation

and guidelines are briefly described in the following sections. They are not meant to be an

exhaustive list and will be updated through the ESIA reporting phase in case of significant

updates to the legislations and guidelines that are applicable to the Project.

5.1 National Legislative Requirements

5.1.1 Environmental Impact Assessment

Serbia has mostly adopted the European Union regulatory requirements on Environmental

Impact Assessment (EIA) into national legislation, including the EIA Directive (Directive

92/11/EC). The national EIA procedure comprises the phases of screening, scoping, impact

assessment and public consultation, furthermore, an EIA is required during the Preliminary

design phase of a project. The requirement for an EIA is initiated by a formal screening study

to identify the categorization of the proposed project. The fulfillment of EIA requirements is a

requirement to receive construction permit for the proposed project.

The preparation of plans and technical documentation for the motorway field is regulated by

various regulations under the Republic of Serbia, the list below presents the main

classifications of these regulations in that matter, respectively;

1. Regulations on the development of planning and technical documentation: the key law for

the preparation of planning and technical documentation is the Planning and

Construction Law (Official Gazette No: 145 / last amendment on 2014) that regulates

both the scope and the content of spatial, urban plans and technical documentation.

Strategic Environmental Impact Assessment is an integral part of the spatial plan of the

special purpose area.

2. Regulation in the field of environmental protection. The preparation of environmental

impact assessment of spatial and urban plans is regulated by the Law on Strategic

Impact Assessment (Official Gazette No.:80 / last amended on 2010) and the preparing

technical documentation by the Law on Environmental Impact Assessment (Official

Gazette No: 36/ last amended on 2009).

Serbia ratified the Aarhus Convention in 2009. Provisions of the Aarhus Convention were

incorporated into the environmental regulation, including the Law on Environmental Impact

Assessment and the Law on Strategic Environmental Impact Assessment.

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The Law on Environment Protection is the framework national environmental law. The law

regulates the integral system of environmental protection ensuring the human right to live

and develop in a healthy environment as well as developing a balanced economy and

protection of the environment in Serbia.

The Law on Strategic Impact Assessment regulates the conditions, manner and

procedure for assessing the impact of certain plans and programs, on the environment.

The Law on the Environmental Impact Assessment regulates the following:

• Process of Environmental Impact Assessment,

• Content of the Environmental Impact Assessment Study,

• Participation of interested authorities and organizations and the public,

• Cross-border notification for projects that can have significant impacts on the

environment of another state, and;

• Monitoring.

The need of an EIA is regulated by the Decree on the List of Projects (2008) that an EIA is

mandatory. According to the List 1, EIA is required for “construction of main highways and

roads with four or more lanes”.

The Figure below presents the EIA Procedure in Serbia through flowchart.

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Figure 5-1. EIA Procedure

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5.1.2 Nature Conservation

The Law on Nature Conservation (Official Gazette No: 9 / last amended on 2010) adopted

EU Habitats Directive and the Birds Directive. The Decree on Ecological Network (Official

Gazette No: 102/ amended on 2010) identifies ecological network areas in Serbia and sets

the management, financing, monitoring and protection requirements.

Table below presents the Serbian legal requirements in terms of protection of habitats and

species as;

Table 5-1. Serbian Legal Framework on Habitats and Species

Name of the Regulation Official Gazette No. and Date

Regulation on the criteria for separation of habitat types, habitat types, sensitive, vulnerable, rare, and for the protection of priority habitat types and protection measures for their preservation

Official Gazette of No. 35 Dated on 2010

Regulation on cross-border trade and trade in protected species

Last amended on: 2014 Official Gazette No: 6

Regulation on special technical and technological solutions that enable undisturbed and safe communication of wild animals

Official Gazette of No. 72 Dated on: 2010

Regulation on control of use and trade of wild flora and fauna

Last amended on: 2011 Official Gazette No: 69

Rulebook on cross-border trade and trade in protected species

Last amended on: 2014 Official Gazette No: 6

Regulation on the proclamation and protection of strictly protected and protected wild species of plants, animals and fungi

Last amended on: 2016 Official Gazette No: 98

5.1.3 Environment

5.1.3.1 Air

The Law on Air Protection was adopted in May 2009 (Official Gazette No. 78). According to

this Law, the Ministry of Environment and Spatial Planning prepared drafts of subsidiary

legislations, such as the Decree on requirements of air quality, the Decree on monitoring of

air quality and the Decree on emission limit values of pollutants.

Also, the Law on Integrated Environmental Pollution Prevention and Control regulates the

conditions and procedure of granting of integrated permits for installations and activities that

may have adverse effects on human health, environment or material resources, types of

activities and installations, supervision and other issues that are of relevance for

environmental pollution prevention and control (Official Gazette No. 13/ dated on 2004).

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5.1.3.2 Water

Surface water quality, groundwater and sediment standards are regulated by the Decree on

limit values of polluting substances discharged into surface water, groundwater and sediment

and deadlines for compliance setting the limit values of polluting substances and defining five

classes of the ecological status: high, good, moderate, poor and bad (Official Gazette No.

507 / dated on 2012).

Limit values of parameters related to general water conditions, oxygen regime, nutrients,

salinity, metals, organic matter, and microbiology are defined by the Regulation on

parameters of the ecological and chemical status of surface water and parameters of the

chemical and quantitative status of groundwater (Official Gazette No. 74 / dated on 2011).

Limit values for priority and priority hazardous substances are set by the Decree on limit

values of priority and priority hazardous substances polluting surface waters and deadlines

for compliance (Official Gazette No. 35 / dated on 2011).

In order to ensure a unique water regime and archive water management, in accordance with

national Strategy, plan of water management and appropriate technical documentation, the

following water acts are issued according to the Law on Water (Official Gazette No. 95/ last

amended on 2018): water conditions, water approval and water permit.

Water conditions are issued in the procedure of preparation of technical documentation for

construction of new, reconstruction of existing facilities (except for the state road I and II

class, omissions and bridges on them, railway road categories, underpasses and bridges on

them) and for upgrading of existing objects and performing other works that can

permanently, occasionally or temporary make an impact to the water regime, i.e. to endanger

the environmental objectives, as well as the development of planning documents for

landscaping, management of fisheries and protected areas and forest management. Water

conditions shall determine the technical and other requirement that must be fulfilled in the

construction, upgrading, and reconstruction of objects, development of planning documents

and other works from previous paragraph, in order to comply with the provision of Law on

water and by-laws.

List of objects for which the water conditions are issued are defined through Article 117 of

Law on water. Names of institutions in charge for issuing of water conditions are described

for all the objects within Article 118 of the Law on water (Ministry, Competent authority from

Autonomous province of Vojvodina, Water Management Company and local competent

authority).

Water consent is obtained for all the object and works and planning documents defined

through paragraph 1, Article 119 of the Law on Water. For example:

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Extraction and deposit on aquatic soil: river deposits, stones and other materials from

the river valley, river spruce, river alluvion and from the coast of natural water

courses, natural and artificial reservoirs, peat for agriculture; re-cultivation of

exploitation field and immediate environment, upon completion of extraction;

Other objects and works that may temporarily, occasionally or permanently cause

changes in the water regime or which may be affected by the water regime, etc.

By water consent referred to the paragraph 1 Article 119, it is determined that the technical

documentation for the objects, works and planning document referred to paragraph 1 Article

119 is done in accordance with the issued water condition. Period of validity for the water

consent is defined through Article 120 and 121 of the Law on water for certain occasions.

The water permit shall determine the manner, conditions and scope of water use, manner,

conditions and volume of wastewater discharging, storage and discharge of hazardous and

other substances that may contaminate water, as well as conditions for other works affecting

the water regime. The water permit is issued by the authority i.e. public water management

company, in charge for issuing of water conditions.

Prior to issuing of a water permit for facilities and works for which a water permit is issued by

the Ministry and the competent body of the autonomous province, the applicant is obligated

to obtain the report from a public water management company on the fulfillment of conditions

from water conditions, water consents or water permits.

The water permit for use of groundwater cannot be issued without the decision of the ministry

responsible for geological exploration of established and classified reserves of groundwater.

The Water permit is issued for a limited period of time, 15 years at the most. Regulation on

determining cases in which a water permit is required to be obtained (Official Gazette No. 30/

dated on 2017) prescribes the cases for which water permit is required in the procedure for

issuing of water acts.

5.1.3.3 Soil

Standards for contaminated soil and groundwater are stipulated by the Regulation on the

program for systematic monitoring of soil quality, indicators for evaluation of soil degradation

and methodology for preparation of remediation program Official Gazette No.88/ dated on

2010).

5.1.3.4 Noise

Environmental noise is regulated by the Law on Environmental Noise (Official Gazette No.

88/ last amended on 2010) as the main legislative document.

The permitted noise levels are defined by the Decree on environmental noise indicators,

limits values, assessment methods of the noise indicators, the nuisance and the harmful

effects (Official Gazette No. 75/ last amended on 2010). This Decree stipulates the noise

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levels, which must not be exceeded. According to Annex 2 of the Decree, the defined noise

limits are applied to the all-encompassing noise generated by all noise sources at the site.

However, it is not stated what the appropriate noise limit is in the case of a new

development, where the prevailing noise levels already exceed the stated values.

5.1.3.5 Waste

The main legislative document in Serbia regulating the waste management is the Law on

Waste Management. The Law is supplemented by 29 by-law documents regulating specific

waste management aspects. In 2015 the Law was revised and amended to more precisely

transpose certain requirements of the Waste Framework Directive.

Hazardous waste is primarily regulated by the Law on Waste Management (2010) and the

Regulation on Categories, Testing and Classification of Waste (2010).

5.1.4 Labour and Working Conditions

Serbia was a member state of the International Labour Organisation (ILO) between 1919 and

1992 and restarted its membership in 2000. The country has ratified 72 ILO International

Labour Standards (Conventions), including the eight fundamental Conventions that are;

1. Freedom of Association and Protection of the Right to Organise Convention, 1948

(No. 87)

2. Right to Organise and Collective Bargaining Convention, 1949 (No. 98)

3. Forced Labour Convention, 1930 (No. 29)

4. Abolition of Forced Labour Convention, 1957 (No. 105)

5. Minimum Age Convention, 1973 (No. 138)

6. Worst Forms of Child Labour Convention, 1999 (No. 182)

7. Equal Remuneration Convention, 1951 (No. 100)

8. Discrimination (Employment and Occupation) Convention, 1958 (No. 111)

Labour and human resource management in Serbia are primarily addressed through the

Labour Law (Official Gazette No. 75/ last amended on 2014). Compliance with labour laws is

monitored by the Labour Inspectorate of the Ministry of Labour and Social Policy of the

Republic of Serbia.

5.1.5 Occupational Health and Safety

Occupational health and safety matters are under the responsibility of the Ministry of Labour

and Social Policy. The Occupational Health and Safety Law is the main law on Occupational

Health and Safety issues in Serbia. The Law was enforced in 2005 (Official Gazette No: 101)

and incorporated the principles of the EU Workplace Health and Safety Directive

(89/391/EEC). The Law is based on the objectives as;

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1. Training;

2. Protective measures on workers;

3. Appropriate work environment;

4. Evaluation of the risks;

5. Risk prevention;

6. Reduce the impact on potential risks; and,

7. Immediate action against the risk.

5.1.6 Public Disclosure

According to Serbian legislation; everyone shall have the right to be informed accurately, fully

and timely about issues of public importance. These provisions are included in the

Constitution of the Republic of Serbia (2006), as well as in the Law on Free Access to

Information of Public Importance (Official Gazette No: 36 /last amended on 2010).

The Law on Planning and Construction (Official Gazette No: 145/ last amended on 2014)

regulates the development and adoption of spatial and urban plans in the nation, which are

all subject to a public disclosure and consultation process.

There are two Public Participation Meetings (PPM) in order to be in line with EU Directives.

The PPM starts from the scoping phase of the proposed project.

The announcement of the Application for a decision on the scope and content of the EIA

Study will be published in the local newspaper and available for 15 days during the scoping

phase of the project. Furthermore, final EIA review and comments of the public will be

evaluated by the authorities.

5.1.7 Land Acquisition

Land in Serbia is legally categorized as construction land or agricultural land. Land needed

for construction of the state-funded projects is typically acquired through expropriation,

regulated by the Law on Expropriation (Official Gazette No: 55 / last amended on 2013). The

Law enables government institutions to acquire private property for projects that are deemed

to be of national and/or local interest, while protecting the interests of all project-affected

persons with the legal title, whose assets are to be expropriated. The Law also enshrines the

principle of fair compensation.

According to the Planning and Construction Law (Official Gazette No: 145 / last amended on

2014) agricultural land can be used for construction through the adoption of relevant spatial

plans. In the case of traffic infrastructure (railway) development, the Spatial Plan of the

Special Purpose Area needs to be adopted by the relevant state authority.

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5.1.8 Cultural Heritage

The Serbian Cultural Property Law regulates the protection and use of cultural property and

defines conditions for the implementation of activities relating to the protection of cultural

property. According to Article 109 of the Law;

If archaeological sites or archaeological artefact are found in the course of execution

of construction and other works, the executor of works shall immediately and without

delay suspend works and inform the competent institute for the protection of cultural

monuments, and take measures so that the finding is not destroyed and damaged,

and that it is preserved in the place and position where it was found;

In the event of immediate danger of damaging the archaeological site or artefact, the

competent institute for the protection of cultural monuments shall temporarily suspend

the works until it is established, based on this Law, whether the immovable property

or object are cultural property or not; and

If the competent institute for the protection of cultural monuments fails to suspend the

works, the works will be suspended by the Republic Institute for the Protection of

Cultural Monuments.

5.2 International Standards and Guidelines

5.2.1 UK Export Finance (UKEF)

UK Export Finance (UKEF) is the United Kingdom’s Export Credit Agency (ECA). UKEF

determines whether applications for support fall within the scope of the OECD Common

Approaches and Equator Principles for funding.

The OECD Common Approaches recognizes that the primary role of ECAs is to promote

trade in a competitive environment (in contrast to development banks and agencies which

focus primarily on development assistance) and that ECAs have a responsibility to consider

the positive and negative Environmental and Social Human Rights risks (ESHR) and impacts

of projects, in particular those in sensitive sectors and/or located in or near sensitive areas,

and the ESHR risks associated with existing operations, in deciding whether to offer support.

All projects are initially screened to determine whether the project falls under the Guidelines

of the Common Approaches (2016) and to categorize them as A (sensitive), B (potential

environmental and/or social impact) or C (minimal or no potentially adverse environmental

and/or social impacts).

Impact Assessments and Environmental and Social Management Plans produced by the

project sponsor against host country laws and the relevant international standards, typically

the IFC PSs. UKEF, also adopted the Equator Principles. Similarly, Equator Principles refers

to IFC Performance Standards on Environmental and Social Sustainability and the World

Bank Group Environmental, Health and Safety Guidelines for the project type (Toll Roads),

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which is of concern for financial support. UK Export Finance’s assessment of the potential

ESHR impacts took account impacts, receptors and issues during the construction and

operations phases including but not limited to:

Health and safety (of workers and local communities)

Emissions to the atmosphere

Wastewater treatment;

Waste and hazardous materials management;

Labour camps;

Community engagement;

Grievance mechanisms;

Emergency Response; and

Traffic Management.

5.2.2 Overseas Private Investment Corporation (OPIC)

In 2004, OPIC Environmental Handbook was published to provide information to OPIC’s

users, as well as the interested public, with respect to the general environmental guidelines,

assessment and monitoring procedures that OPIC applies to prospective and ongoing

investment projects. Furthermore, in 2010 the OPIC Environmental and Social Policy

Statement (ESPS) was released to provide the applicants with the general environmental

and social requirements that OPIC applies in evaluating prospective projects seeking OPIC

support. On January 13, 2017 OPIC updated the Environmental and Social Policy Statement.

This Policy Statement adopts, as a standard for the environmental and social review

process, the IFC’s Performance Standards (PSs) on Social and Environmental Sustainability.

5.2.3 IFC Performance Standards

The proposed Project will likely be funded by UK Export Finance (UKEF) and Overseas

Private Investment Corporation (OPIC) of US as well as potentially US Exim Bank, which

require Environmental and Social Impact Assessment (ESIA) Report to be prepared in

accordance with the “IFC Environmental and Social Performance Standards. Therefore, this

Report is based on the relevant IFC PSs and guidelines as international requirements. The

IFC is an international financial institution, which offers investment, advisory, and asset

management services to encourage private sector development in projects. It was

established in 1956 as the private sector arm of the World Bank Group to advance economic

development by investing in strictly for-profit and commercial projects, which reduce poverty

and promote development. To provide a means of managing the social and environmental

risks and impacts on projects, the IFC have developed their Performance Standards on

Social and Environmental Sustainability (amended in 2012). The Performance Standards are

designed to help avoid, mitigate, and manage risks and impacts as a means of doing

business in a sustainable way, including stakeholder engagement and disclosure obligations

of the client in relation to project level activities. In other words, IFC requires the

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Subcontractor to carry out an environmental and social assessment of Project-related

impacts according to the PSs, which are listed as follows:

PS1: Assessment and Management of Environmental and Social Risks and Impacts;

PS2: Labour and Working Conditions;

PS3: Resource Efficiency and Pollution Prevention;

PS4: Community, Health Safety and Security;

PS5: Land Acquisition and Involuntary Resettlement;

PS6: Biodiversity Conservation and Sustainable Management of Living Natural

Resources;

PS7: Indigenous Peoples; and

PS8: Cultural Heritage.

The following guidelines of the IFC, which are deemed relevant to the Project, to be followed

during the ESIA study are as follows:

The IFC General EHS Guidelines, dated April 30th, 2007;

The IFC Environmental, Health, and Safety Guidelines for Toll Roads, dated April 30th

2007;

The IFC Workers’ Accommodation: processes and standards, dated September

2009.

5.2.4 Equator Principles

The Project parties should be aware of the Equator Principles, which were developed in

alignment with the PSs. The Equator Principles, established in June 2003, and subsequently

reviewed in 2006 and 2013, is a risk framework for identifying, assessing and managing

environmental and social risks in project finance transactions. This framework is based on

the IFC Performance Standards and the World Bank Group EHS Guidelines. Financial

Institutions have adopted the Equator Principles in order to ensure that the Projects financed

are developed in a manner that is socially responsible and reflects sound environmental

management practices. The principles comprise a set of ten broad principles that are

underpinned by the environmental and social policies, standards and guidance of the IFC.

The Equator Principles are as follows:

Principle 1: Review and Categorization;

Principle 2: Environmental and Social Assessment;

Principle 3: Applicable Environmental and Social Standards;

Principle 4: Environmental and Social Management System and Action Plan;

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Principle 5: Stakeholder Engagement;

Principle 6: Grievance Mechanism;

Principle 7: Independent Review;

Principle 8: Covenants

Principle 9: Independent Monitoring and Reporting; and

Principle 10: Reporting and Transparency (Equator Principles Financial Institutions,

2013).

5.3 Gap Assessment between International ESIA and National EIA Processes

The most prominent topic, which requires further elaboration in national EIA legislation is

“Social Impact Assessment (SIA)”. Additional studies and implementations are required in

this topic for internationally financed projects to achieve alignment with international

standards. For example, implementation of detailed socio-economic surveys at Project Site

and the establishment of a Grievance Mechanism are not stipulated by the national EIA

legislation. However, these are required by international standards.

Table below presents the further work of actions that are not required by the Serbian

framework, however, needs to be incorporated in the scope of ESIA process.

Table 5-2. Gap Assessment of National EIA and International ESIA Processes

Process ESIA EIA Description

Categorization Yes Yes International Finance Institutions and national legislation categorizes the infrastructure projects in order to determine what type of documents is required to be prepared by the related parties.

Stakeholder Engagement Plan

Yes No Unlike the necessity of stakeholder consultation and preparation of SEP in ESIA studies, formal stakeholder engagement plan is not required under national legislation.

Consideration of Alternatives

Yes Yes Both the impact assessment process for international and national regulatory requirements, require the consideration of other feasible approaches, including alternative locations, technologies, scales and ‘no project’ options

Environmental Impact Assessment

Yes Yes The environmental impact assessment requirements are generally aligned. The standards adopted in the environmental assessment undertaken for the ESIA should be in line with European and other international best practice. The requirements under the national EIA regulatory process need to ensure compliance with national legislation and not the regulatory requirements outside of the country.

Social Impact Assessment

Yes Limited The national regulatory requirements for impact assessment are primarily focused on environmental requirements with other requirements encompassed in other regulatory (e.g. ‘planning’) mechanisms.

A formal socio-economic impact assessment is not required under national legislation. However, the local national legislation does require assessment of effects where impacts are associated with impacts to human health.

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Process ESIA EIA Description

Expropriation Yes Limited Although there is strong encouragement in the wording in the IFC PS 5 in particular to enter into negotiated settlements, rather than expropriate by use of eminent domain power, the National legislation does not offer such encouragement.

Environmental and Social Management Plan

Yes No ESMP is not typically included as a requirement in the national legislation.

Labour and Working Conditions

Yes Limited The main gap is that IFC requires the inclusion of contractors’ involvement in Project Standards.

Non – Technical Summary

Yes Yes NTS is required for international requirements for use as a disclosure document. It is recognized as good practice to produce an NTS to provide readily accessible summary of the project key features, an assessment of its effects, the proposed mitigation measures and a summary of the residual impacts.

Public Consultation and Disclosure

Yes Yes The public consultation process for both international and national regulatory purposes is required.

Grievance Mechanism Yes No A Grievance Mechanism is not a formal requirement under the national regulatory requirements. However, grievances are reported under the consultation process and are encompassed under other regulatory mechanisms (e.g. the local ‘planning’ process).

5.4 International Conventions and Agreements

Table below presents the international conventions and agreements that are related to the

Project application, respectively.

Table 5-3. International Conventions and Agreements ratified by Serbia

Name of the Convention Details

Ramsar Convention The Convention on Wetlands of International Importance was adopted in Iran in February 1971 and came into force in December 1975. The Convention considers the subject area of wetland conservation and comprises three elements of activity. The three elements are; the designation of wetlands of international importance as Ramsar sites, the promotion of sustainable use of all wetlands on the territory of each country, and international co-operation with other countries to further the sustainable use of wetland and their resource.

The Convention on Biological Diversity

The Convention on Biological Diversity (CBD) was adopted

in Rio de Janeiro in June 1992, and came into force in December 1993. It was the first global treaty to provide a legal framework for biodiversity conservation. The treaty has three primary goals; the conservation of biological diversity, the sustainable use of its components, and the fair and equitable sharing of benefits arising from the use of genetic resources. Signatories to the Convention are required to create and enforce national strategies and action plans to conserve, protect and enhance biological diversity. The Republic of Serbia ratified the convention in 2002.

The Bern Convention The requirements of the Convention on the Conservation of European Wildlife and Natural Habitat came in into force in 1982. The Convention requires signatories to ensure the conservation and protection of wild plant and animal species that are listed within the Convention which number over 500 wild plants and more that 1000 wild animal species. The Republic of Serbia ratified the Convention in 2007.

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Name of the Convention Details

The Bonn Convention on Conservation of Migratory Species of Wild Animals

The aim of the convention in respect to migratory species is to achieve their effective management across national or jurisdictional boundaries. Threatened migratory species are listed in Appendix 1 of the Convention. The signing states are obliged to protect them. The migratory species in need of international cooperation for their conservation are listed in Appendix II. The convention allows for development of special international agreements. These agreements include those protecting populations of European bats (Eurobats), African-Eurasian migratory water birds (AEWA) and birds of grassland habitats (Grassland Birds). Serbia ratified the Bonn Convention in 2007.

European Landscape Convention

Serbia is a signatory to the European Landscape Convention (ELC), the fundamental point of which is that all landscapes are important, not just in special places and whether beautiful or degraded.

The implementation of the ELC is included in the Spatial Plan of the Republic of Serbia 2010- 2020 (Official Gazette No. 88/ established on 2010), which includes a section on the Protection and Development of Landscapes. This states that “The basic goal of protection and development of landscapes in Serbia is to achieve various high quality and adequately used landscapes and physically developed rural and urban settlements pleasant for living and leisure, with rich identity based on respect and affirmation of natural and cultural values”.

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6. SUMMARY OF INITIAL STAKEHOLDER STUDIES

For the initial stakeholder analysis, Key Informant Interviews (KII) were carried out to

understand the Justification of the Project,

obtain updated information on the EIAs prepared for the different phases of

the Project and

understand the possible environmental and social impacts and the approach

to mitigations of the impacts.

It should be noted that, these interviews were carried out in an unofficial way and the

scope of the meetings were limited since the ESIA process did not start officially.

KII are carried out by;

Company Name Task

BECHTEL Josie Dujmovic Environmental Services Manager

ENKA Cemil Aytimur Corporate HSE Lead Engineer

2U1K Emre Kaya Environmental Engineer and Co -Founder of 2U1K

2U1K Celal Denizli Biologist

2U1K Elçin Kaya Sociologist

ENACTA Dragan Kovacevic, Local Environmental Expert and Director and Co-Founder - ENACTA

ENACTA Vojislav Filipovic Local Archaeologist

The table below presents the interviewed institutions and their roles within the

Project.

Table 6-1. Summary of Key Informant Interviews

Date Key Informant Role in the Project

18 March 2019 Institute for Nature Protection of Serbia.

Determination of protected biodiversity areas and the preparation of protection procedures.

18 March 2019 CIP Institute of Transportation CIP Ltd, Belgrade is a company registered with the Serbian Business Registers Agency mainly for works for Engineering services and technical consulting.

CIP is responsible party for preparation of EIA Reports for Phase-1 and Phase-2.

18 March 2019 Highway Institution It is engineering and technical consulting company and responsible party for preparation of EIA Report for Phase-3.

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Date Key Informant Role in the Project

21 March 2019 Roads of Serbia Responsible party for maintenance and preservation, exploitation, construction, reconstruction, organization and control of toll collection, development and management of I and II category state roads in the Republic of Serbia.

22 March 2019 Jaroslav Cherni Responsible party to conduct Hydro technical study corridor of the E-761, also known as the Project.

6.1 Natural Reservation Institution

The Institution is responsible to determine protected species within the scope of the

national EIA preparation. The guiding document during this determination is

“Rulebook on declaration and protection of protected and strictly protected species of

plants, animals and fungi, Official Gazette of Republic of Serbia, No 5/10, Belgrade.”

Serbia does not have a Habitat map that can be used during the ESIA, however

during the classification of the species “European Nature Information System” is

being used.

Impact of the Motorway construction:

According to the interview with the Natural Reservation Institution’s expert,

the most important impact on biodiversity is the alignment of the Project since

the route is interfacing with bird and bat migration routes.

Some sections of the alignment passes through national forests. It should be

noted that the forest areas on the route are not considered as natural

protected area.

There is also a monumental tree, named as Stabla Cacka, near the route of

the Project. Even if there was no legal obligation on protection of the Tree, it

was still remarked as protected since it has a cultural importance by the

locals.

Noise barriers can block the passage of animals.

Impact of the River Regulation:

The river is not currently used for drinking water purposes.

It is used for irrigation purposes, but this is not a common practice.

Fishing is a common activity in the region for hobby and household

consumption.

Although there is no dam project on the river, there are Hydro-Power Plants

with small capacities.

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6.2 CIP

CIP is responsible to prepare national EIA reports and design Reports for Phase-1

and Phase-2 of the Project.

EIA process:

After the flood in 2014, Jaroslav Cerni conducted a study to determine the flood zone

and as a result of this this study the alignment of the Project has been changed to

construct the motorway out of the borders of the flood zone. According to the studies,

the Project was required to change in the alignment and river diversion, in which

resulted to update existing EIA Reports.

According to the consultants involved in the EIA process, the updated EIA will not

have difference in terms of horizontal design. However, the new ESIA will have

difference in terms of vertical design due to hydro technical work. Due to this change

in design, CIP is waiting for the location conditions to complete the EIA reports and

consultants stated that they cannot provide any timeframe about the completion of

the EIA reports since their work is depending on location conditions which will be

provided from the Ministry for Environmental Protection.

Project Alternatives:

According to the EIA report for Phase-1, the question of the final route of the

West-Moravian highway is considered an open question, since the route of

the Pojate-Kruševac-Kraljevo road is almost completely constructed for

various purposes (production activities, existing housing, etc.) and can almost

be considered as a residential road. Alternative solution of the highway route

in the valley of the Western Morava River Basin, for the Pojate-Kruševac-

Kraljevo.

In accordance with the adopted goals: minimum construction costs, minimal

maintenance costs, minimal operating costs, maximum safety and comfort,

minimal environmental impact and minimum spatial consequences, given

criteria and their indicators, a multi-criteria evaluation of the considered

variant solutions of the highway route was carried out using the VIKOR

method . As a result, the tunnel alternative was not selected due to budget

constraints.

Associated Facilities:

The assessment of the associated facilities has not been conducted within the

scope of the EIA report.

Municipalities have their own land. It is recommended that EPC Contractors

to negotiate with the municipality to rent these lands for the establishment of

the associated facilities.

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Impacts of the Motorway

In Phase-1, the Project is passing through agricultural lands.

There is a water protection zone in 67. Km of the alignment.

As a result of the Project, physical resettlement will be required.

Public Participation:

Ministry of Environmental Protection is responsible to organize the public

participation meetings.

6.3 Highway Institute

This Institution is responsible to conduct EIA report for Phase-3 of the Project.

According to the consultants, 95% of the Report is completed. The location

conditions are expired as a result of the hydro-technical study for West Morova. The

estimated timeframe for the completion of the EIA report is minimum 1 year.

Impacts of Motorway:

The consultants identified new wetlands on the route. Although these

wetlands are artificial and created as a result of the material intake, it still has

importance considering the bird migration routes.

There are some cemeteries, archaeological sites and monumental trees on

the route that needs protection.

Nearly 10 houses will be demolished in section 8-9.

Corporate level stakeholder engagement:

The institution noted that there should be a better communication between

institutions involved in the project to ensure both motorway design and river

regulation work is planned and assessed properly.

Public Participation:

The plan of the Project is available on the Municipalities website and the

public is aware of the Project.

There will be an EIA disclosure meeting after the finalization of the EIA report.

Public will be invited to the meeting via TV and newspaper announcements.

Ministry of Environmental Protection will organize Public Participation

Meetings in each municipality, located on the Project route. Printed copy of

the Report will be distributed to the public to review the EIA and to give

feedback on the report.

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Associated Facilities:

Separate EIA is required for concrete and asphalt plants.

6.4 Roads of Serbia

Department of Sector for Strategy, Designing and Development Department for

Environmental Protection was consulted within the Institution. This department is

responsible to monitor national EIA Process, which is not covering land acquisition

and the other social impacts.

Impacts of the motorway:

It was stated that the magnitude of the Land Acquisition impacts will be higher

when it is compared with the Environmental impacts.

The technology that will be used during the construction (asphalt, batching,

borrow) will be determined by the subcontractors, which may require

additional permits, and this can create delay in the Project process.

Some facilities and access roads will be lost after the Project.

Impacts of the river diversion:

The local people’s access to the river will be blocked as a result of river

diversion.

The wetlands in the area will be disturbed.

Corporate Level Stakeholder Engagement:

There is no designated authority to control the usage of borrow areas and the

material intake is done irregularly without formal monitoring.

The role of the local authorities for the monitoring during the construction

phase is not clear for the institution,

The Institution is familiar to work with other International Finance Institutions

including World Bank and EBRD. It is recommended to establish a Project

Implementation Unit within the institution.

It was stated that Roads of Serbia established a Grievance Mechanism

however; this mechanism is now under the control of Corridors of Serbia.

The Institution does not have an updated organization chart which states the

roles and responsibilities of different departments within the organization.

During the meeting, it was observed that there is a contrast between Roads of

Serbia and Corridors of Serbia, which needs to be clarified by Ministry of

Construction, Transport and Infrastructure in terms of roles and

responsibilities.

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Project Alternatives:

Roads of Serbia are open to new alignment suggestions to prevent and / or

reduce land acquisition and river diversion impacts.

Public participation:

Roads of Serbia stated that if public reacts against to the alignment of the

Project during the EIA disclosure phase, the alignment can be changed.

6.5 Jaroslav Cherni

The planning of the motorway has been started 10 years ago. However, after the

damage of the flood in 2014 to the agricultural lands, Ministry of Agriculture

recommended to the Ministry of Construction, Transport and Infrastructure (MCTI) to

consider the water level of the river during the planning of the motorway. As a result

of this recommendation, MCTI requested Jaroslav Cerni to conduct Hydro-technical

study to determine the flood zone.

According to the study of Jaroslav Cerni, it was determined that the alignment of the

motorway is located within the borders of the flood zone which will create safety

issues during the operation phase of the motorway.

In order to prevent the possible health and safety risks of the Project during the

operation phase, MCTI determined a new alignment according to the outputs of the

Hydro-technical Study Corridor of the Motorway E-761, Section Pojate-Preljına

(2016) for the sustainability of the Project.

The new alignment of the Phase-1 and Phase-3 is determined, however, predesign

works for phase-2 is still on-going.

The impacts of the river diversion:

Section 8- 9 has permanent meanders, which are in the close proximity to

motorway, and this part of the river will be regulated.

There are 8 hydropower projects on the route and the change of the flow rate

of the river may create impact on these facilities.

Within the last 40 years, such a diversion is not conducted in Serbia that

needs specific expertise.

The material that will be gathered during the river regulation can be used

during the construction of the Project and the usage of this material will

prevent the additional land requirement. Approximately 6 cubic million soil will

be gathered from the river regulation works which is planned to be used

during construction.

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Upon the completion of the river regulation, agricultural activities in the area

can be continued in a more sustainable manner.

Institute advised that material areas should not be back filled completely to

create ponds. These areas can be given to the public to swim and fishing as a

social responsibility.

Monitoring:

Both in the hydro-technical study report and the interview conducted in the

context of the scoping studies, Jaroslav Cerni suggested monitoring of the

highway construction activities and mitigation measures against the potential

impacts on the water regime and monitoring during operation period.

Corporate level stakeholder engagement:

The relationship between institutions involved to the process is horizontal and

MCTI should lead the institutions to cooperate to complete the official

processes in a timely manner.

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6.6 Summary of Catch interviews

Table 6-2. Summary of Catch Interviews

Point No Project Component

Site observation

Photo Opinions of the Participants

5

Stalać

Village

Water Crossing

Route is located in the close proximity to the settlements

A natural gas pipelines will be affected by the Project

Football field will be affected

Elderly female

She heard the project from TV

She did not experience any flood within the village

She supports the Project

She stated that the younger generation would be impacted from the project in a positive way as a result of the job opportunities.

She has no information on the land acquisition but she stated that the average price for 1 acre is 250 euros.

6

Maskare

Village

Borrow area

Female members of the community were farming during the site visit next to borrow area.

There is a chicken farm in the village and the farm's water is discharged into the river

Elderly male

General opinion about the Project is positive

He requested repair of the suspension bridge in the village which is forbidden to use due to safety issues.

He stated that villagers are vulnerable because they don’t have a passage

The village is affected by the flood, especially the farmlands

He stated that the traffic load on the roads in the village is too heavy and he thinks that the traffic load will decrease when the motorway is in operation.

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Point No Project Component

Site observation

Photo Opinions of the Participants

14

Kukljin

Village

Water crossing

Borrow area

Route is located in the close proximity to the settlements

The community has a transportation tool to transport cars and materials to cross the river

There are two

large borrow areas and the motorway passes through the farmlands

Elderly male

He knows the project

He heard the project from TV

1500 people lives in the village

He stated that the general opinions of the villagers about the Project is positive

The villagers have expectations about the local procurement impacts of the Project. He stated that after the Project, small businesses will be opened in the region and the Project will create job opportunities.

The villagers use the river for fishing, almost every households are fishing for household consumption

There are several fish species existed in the river including, catfish, White fish, carp, pike zonder and coomon nose.

15

Seliste

Village

Forest crossing

Borrow area

Route is located in the close proximity to the settlements

Borrow area is cancelled since it is located in the protection zone

First interview

Middle age male

The villager stated that they have invested a lot for the agricultural lands in the last 2 years

They would like to learn the alignment of the Project

The villagers are exporting; apple plum pears and roses

Average land size of each household is approximately 2 hectares and if their land is going to be affected by the Project they will not be able to continue agricultural activities in a small proportion of the land

They also have a land in the hilly areas of the village however, the quality of these lands are

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Point No Project Component

Site observation

Photo Opinions of the Participants

categorized as 4 which is not suitable for the agriculture

The younger generation of the villagers also rent lands from the elderly generation which increases the land acquisition impacts on the livelihoods.

Second interview

Two middle age male participants

The participants would like to learn the alignment of the Project

They stated that some plans were shown for the previous EIA

The villagers have concerns related with the Project since the main income of the villagers are depending on the agricultural activities.

They underlined that the estimated route of the Project will affect the most fertile lands

They also indicated that the villages of Belavo Seliste Medveja Drenova are in the same situation.

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Point No Project Component

Site observation

Photo Opinions of the Participants

16

Medvedja

Village

Derivation

Route is located in the close proximity to the settlements

Seven houses are going to be resettled in this village.

Elderly Female

She knows the Project from TV.

She would like to know the alignment

She would like to learn land acquisition zone

They have concerns related with the resettlement

17

Trstenik- Bogdanje

Water crossing

Route is located in the close proximity to the settlements

There are already used material areas located in this village

Elderly Male

He stated that they are affected by the flood and they know that there will be river regulation to prevent flood risks

The flood rose up to 3 meters

He specified that the general opinions of the villagers about the Project is positive

He said that their village has a young population and they will be able to work for the construction

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Point No Project Component

Site observation

Photo Opinions of the Participants

20

Vrnjci

Village

Route is located in the close proximity to the settlements

Forest crossing

Six houses are going to be resettled in this village.

Middle age Male

He heard the Project 2-3 years ago

He has the printed version of the new alignment however, he didn’t want to share the source of this information

He assumed that the previous alignment was better than the new one and the new alignment is going the affect his house

During the consultation he showed his house to the team and he underlined a few times that he is not going to sell his house

He stated that the houses are really expensive and he said “Even if you give me $ 10 million, I won't give you this house”.

He recommended team to change the route of the Project considering the less populated areas

Their house also affected by the 2014 flood disaster, however he stated that there should be a special precautions for the flood, the new route will be also affected by the flood.

He said that they also found the Roman road during the construction of the house and the area might has importance in terms of cultural heritage.

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Point No Project Component

Site observation

Photo Opinions of the Participants

21

Podunavci

Village

Route is located in the close proximity to the settlements

One house is going to be resettled in this village.

Elderly Female and Male

They stated that they know the Project

Geodynamic survey was conducted 3 days ago

They said it would not have a big impact because the road is not close to their houses

30

Donja Gorevnica

Borrow area

Forest crossing

Derivation

The only settlement indicating that the river is used for swimming purposes.

Young Male

He heard about the Project from media and TV

He uses the river for swimming

He doesn't know the river regulation

He does not expect a special impact from the project

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Point No Project Component

Site observation

Photo Opinions of the Participants

32 Interchange 7 houses are going to be resettled.

Middle Age Male

He heard about the project from TV

He said that the construction is starting in this year.

He works in the municipality, therefore has detailed information

He stated that the discussion in the municipality was not official

He stated that even if the house would be affected, he is not going to react the Project, since it will create national value.

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7. PROJECT STAKEHOLDERS

For the purposes of the ESIA Report, a Stakeholder Engagement Plan (SEP) for the project

will be prepared. In order to develop an effective SEP, it has been necessary to determine

exactly who the stakeholders are and understand their priorities and objectives in relation to

the Project. A stakeholder is defined as any individual, organization or group which is

potentially affected by the Project or which has an interest in the Project and its impacts. -

Table below presents a primary identification of stakeholders below.

Table 7-1. List of Stakeholders

Stakeholder Groups

Government

Ministry of Environmental Protection

Ministry of Construction, Transport and Infrastructure

Ministry of Agriculture, Forestry and Water Management

Ministry of Internal Affairs

Ministry of Labour and Social Policy

Republic Institute for the Protection of Cultural Monuments

Roads of Serbia

Jaroslav Cherni (river regulation purposes)

Initial Stakeholders

Project Designers

EIA Consultants

ESIA Consultants

Local Administration

Kraljevo Municipality

Kruševac Municipality

Cacak Municipality

Vrnjačka Banja Municipality Trstenik Municipality

Ćićevac Municipality Varvarin Municipality

Local Communities

Obra,

Bapsko Polje

Cvetke

Merać Miločaj Adrani

Popovići Oplanići Grdica

Sirča, Kraljevo,

Vitanovac

Ratina

Zaklopača Čukojevac Vrba

Stubal

Konjuh

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Bela Voda

Kukljin

Globoder

Mačkovac Jasika

Čitluk Pepeljevac

Gavez

Lazarica,

Šanac

Bivolje

Dedina

Makrešane

Sokolići Rakova

Ljubić Preljina

Konjevići Baluga (Ljubićska) Baluga (Trnavska)

Mojsinje, Stančići Vapa

Donja Gorevnica

Zablaće Mrčajevci Kukići Katrga

Mršinci

Goričani Vraneshi

Podunavci

Gračac Novo Selo

Vrnjci

Ruđinci Štulac

Ugljarevo

Lozna

Grabovac

Prnjavor

Osaonica

Trstenik

Bogdanje

Čairi Medveđa Odžaci

Gornji Ribnik

Donji Ribnik

Počekovina Lopaš

Velika Drenova

Stari Trstenik

Selište

Bresno Polje

Stopanja

Mrzenica

Grad Stalac

Stalac, Lučina Ćićevac Ćićevac grad Pojate

Bosniaks

Maskare

Varvarin

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Non-Governmental Organizations

Regional Environmental Center of Serbia

Ceruda Serbia

Employees

Direct Employees

Indirect Employees

Temporary Employees

In addition to the above, the stakeholder mapping will seek to identify any ‘vulnerable’ groups

and accommodate receiving perspectives from a variety of stakeholders, including women,

elderly, youth, etc.

The project stakeholder engagement plan will focus on (a) ensuring that affected

communities will be provided with access to information on the purpose, nature and scale of

the project, duration and approximate timeframe for proposed project activities, risks and

potential impacts on them along with proposed mitigation measures, the ongoing project

stakeholder engagement process and the grievance mechanism. These will form the basis of

consultation before the ESIA and ESMP is finalized.

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8. SUMMARY OF ENVIRONMENTAL AND ECOLOGICAL

FIELD STUDIES

Table 8-1. Summary of Environmental and Ecological Field Studies

Survey ID WGS 1984 UTM Zone 34N Environmental Site

Observation Observed EUNIS

Habitat Type Observed Species

X Y

1 535756 4844178 Connection point to existing highway. The proposed motorway route will be diverted from existing tool collection location. There are restaurants and gasoline station exists. After diversion, the proposed route crosses agricultural lands.

G1.7 : Thermophilous Deciduous Woodland

I1.1 : Intensive Unmixed Crops

Quercus frainetto Quercus cerris Acer monspesulanum Acer obtusatum Carpinus orientalis

2 534982 4842945 Route crosses Agricultural land. There are residential buildings in 500 m corridor. There will be an over pass for existing railway and stream.

G1.7 : Thermophilous Deciduous Woodland

I1.1 : Intensive Unmixed Crops

Vulpes vulpes Lacerta viridis Corvus corax Streptopelia decaocto Corvus cornix Corvus corax Pica pica Quercus frainetto Quercus cerris Acer monspesulanum Acer obtusatum Carpinus orientalis (In ruderal section)

Poa pratensis, Trifolium repens

3 533632 4840939 Route crosses agricultural fields.

I1.1 : Intensive Unmixed Crops

Buteo rufinus Corvus cornix Corvus corax Pica pica (In ruderal section)

Poa pratensis, Trifolium repens Trifolium pratense

4 533059 4839726 Route crosses agricultural field at the east of the river. There is also proposed borrow pit between river and proposed route. Proposed borrow pit area is mixture of riparian vegetation and

J5.3 : Highly Artificial Non-Saline Standing Waters

G1.1 : Riparian And Gallery Woodland, With Dominant Alnus, Betula, Populus Or Salix

I1.1 : Intensive Unmixed Crops

Lacerta viridis Podiceps cristatus Sus scrofa Populus alba Salix alba

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X Y

agricultural field.

The area is used as a borrow pit. Small earth-based water ponds caused by material excavation.

5 532941 4836542 Main road and river crossing. This area is also closed to the settlements. Route mainly crosses agricultural fields between the two sides of the river.

Spot dumped solid wastes to the river bank. There are potential asbestos remains and other hazardous materials in the dumps.

G1.1 : Riparian And Gallery Woodland, With Dominant Alnus, Betula, Populus Or Salix

C2.3 : Permanent Non-Tidal, Smooth-Flowing Watercourses

I1.1 : Intensive Unmixed Crops

Lacerta viridis Streptopelia decaocto Buteo rufinus Sound of a species from Picidae(woodpeckers) was recorded. Corvus cornix Corvus corax Pica pica Populus alba Salix alba Salix triandra

6 531728 4836514 Proposed borrow pit area. The area is mainly used for agriculture.

I1.1 : Intensive Unmixed Crops

(In ruderal section) Poa pratensis, Poa trivialis Trifolium pratense

7 531762 4835533 Proposed borrow pit area. The area is mainly used for agriculture.

I1.1 : Intensive Unmixed Crops

G1.1 : Riparian And Gallery Woodland, With Dominant Alnus, Betula, Populus Or Salix

E2.1 : Permanent Mesotrophic Pastures And Aftermath-Grazed Meadows

Lacerta viridis Corvus cornix Corvus corax Pica pica Populus alba Salix alba Salix triandra Carex vulpina Carex gracilis (In ruderal section)

Poa pratensis, Poa trivialis Agropyrum repens Trifolium repens Trifolium pratense

11 530302 4830112 Parallel section to existing road. Close to the settlements.

The proposed motorway route starts from existing junction

I1.1 : Intensive Unmixed Crops

Corvus cornix Corvus corax Pica pica Passer domesiticus (In ruderal section)

Poa pratensis, Poa trivialis Trifolium pratense

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and follows the existing road. In this section, only two lines will be constructed. After junction, line traverses agricultural lands.

There are settlements within the 500 m corridor.

12 525471 4828542 Route follows the existing road on agricultural fields. There are also sapling production fields.

There is new swage main close adjacent to proposed road corridor.

I1.1 : Intensive Unmixed Crops

Vulpes vulpes Corvus cornix Corvus corax Pica pica (In ruderal section)

Poa pratensis, Poa trivialis

13 522036 4827134 The route crossing gardens of existing houses.

Short distance between the houses and proposed route.

G1.1 : Riparian And Gallery Woodland, With Dominant Alnus, Betula, Populus Or Salix

I1.1 : Intensive Unmixed Crops

Lacerta viridis Populus alba Salix alba Salix triandra (In ruderal section)

Trifolium repens Trifolium pratense Carex gracilis

14 518705 4827604 Borrow pit area near adjacent to the river.

There is also dense settlements at the north of the river.

The proposed route crosses agricultural fields located at the south of the river.

There will be river over pass.

G1.1 : Riparian And Gallery Woodland, With Dominant Alnus, Betula, Populus Or Salix

I1.1 : Intensive Unmixed Crops

C2.3 : Permanent Non-Tidal, Smooth-Flowing Watercourses

Lacerta viridis Rana sp.(sound) Buteo rufinus Corvus cornix Corvus corax Pica pica Populus alba Salix alba Salix triandra

15 511578 4828400 Agricultural fields.

I1.1 : Intensive Unmixed Crops

Ciconia ciconia Corvus corax Streptopelia decaocto Talpa europaea (In ruderal section)

Poa pratensis, Poa trivialis Trifolium repens

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16 505753 4830408 The proposed route crosses very Medveca settlement.

Houses will be impacted and resettled.

The proposed route is also crossing water protection zone of groundwater wells.

There is also a proposed river diversion for protection.

Preliminary route design company CIP suggesting route change to eliminate the potential problems regarding resettlement, water protection zone and river diversion requirement.

G1.1 : Riparian And Gallery Woodland, With Dominant Alnus, Betula, Populus Or Salix

C2.3 : Permanent Non-Tidal, Smooth-Flowing Watercourses

Turdus merula Sound of a species from Picidae(woodpeckers) was recorded. Passer domesticus Streptopelia decaocto Corvus corone Pica pica Populus alba Salix alba Salix triandra

17 502106 4830860 The characteristics of the location are similar to Point 16.

With a new proposed route from south of the river, CIP aims to eliminate potential issues.

G1.1 : Riparian And Gallery Woodland, With Dominant Alnus, Betula, Populus Or Salix

I1.1 : Intensive Unmixed Crops

C2.3 : Permanent Non-Tidal, Smooth-Flowing Watercourses

Lacerta viridis Corvus cornix Corvus corax Populus alba Salix alba Salix triandra (In ruderal section)

Poa pratensis, Agropyrum repens Trifolium repens

18 496286 4831285 The proposed route traverses agricultural areas and settlements.

About 6 houses needed to be resettled.

I1.1 : Intensive Unmixed Crops

G1.1 : Riparian And Gallery Woodland, With Dominant Alnus, Betula, Populus Or Salix

C2.3 : Permanent Non-Tidal, Smooth-Flowing Watercourses

Egretta garzetta Populus alba Salix alba Salix triandra (In ruderal section)

Poa trivialis Agropyrum repens

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19 495717 4832425 Agricultural fields near settlements.

Potential resettlement

G1.7 : Thermophilous Deciduous Woodland

Egretta garzetta Quercus frainetto Quercus cerris Acer monspesulanum Carpinus orientalis (In ruderal section)

Poa pratensis,

20 490817 4834392 Agricultural fields near settlements.

Potential resettlement

G1.7 : Thermophilous Deciduous Woodland

I1.1 : Intensive Unmixed Crops

Corvus cornix Corvus corax Quercus frainetto Quercus cerris Acer monspesulanum Carpinus orientalis (In ruderal section)

Trifolium repens

21 487069 4835834 Agricultural fields near settlements.

Potential resettlement

I1.1 : Intensive Unmixed Crops

E2.1 : Permanent Mesotrophic Pastures And Aftermath-Grazed Meadows

Corvus cornixPasser domesticus Pica pica Carex vulpina Carex gracilis (In ruderal section)

Poa pratensis, Trifolium repens Trifolium pratense

22 486892 4838232 Borrow pit area near to the river.

Mixture of riparian and agricultural fields.

G1.1 : Riparian And Gallery Woodland, With Dominant Alnus, Betula, Populus Or Salix

I1.1 : Intensive Unmixed Crops

J5.3 : Highly Artificial Non-Saline Standing Waters

Corvus cornix Corvus corax Populus alba Salix alba Salix triandra (In ruderal section)

Poa pratensis, Poa trivialis Carex gracilis

23 482829 4838366 Junction point and route close to the settlements.

I1.1 : Intensive Unmixed Crops

(In ruderal section) Poa trivialis Trifolium repens

24 479196 4841989 Existing road, railroad and river crossing.

Proposed route crosses near to the existing industries and settlements.

G1.7 : Thermophilous Deciduous Woodland

I1.1 : Intensive Unmixed Crops

Corvus cornix Corvus corax Pica pica Quercus frainetto Quercus cerris Acer monspesulanum Acer obtusatum

Carpinus orientalis

26 474658 4843714 Borrow pit area and proposed route.

The proposed route crosses agricultural fields.

I1.1 : Intensive Unmixed Crops

G1.1 : Riparian And Gallery Woodland, With Dominant Alnus, Betula, Populus

Corvus cornix Streptopelia decaocto Turdus merula Populus alba Salix alba Salix triandra (In ruderal section)

Poa trivialis

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Borrow pit is located between proposed route and river.

There are proposed river diversions in this section.

Or Salix Agropyrum repens Trifolium repens

27 472097 4846280 The proposed route crosses agricultural fields.

There will be river over pass.

Proposed river diversion for protection

G1.1 : Riparian And Gallery Woodland, With Dominant Alnus, Betula, Populus Or Salix

I1.1 : Intensive Unmixed Crops

J5.3 : Highly Artificial Non-Saline Standing Waters

Microcarbo pygmaeus Egretta garzetta Lacerta viridis (In ruderal section)

Poa pratensis, Poa trivialis

29 463165 4851451 The proposed route crosses agricultural fields.

Proposed river diversion for protection

G1.1 : Riparian And Gallery Woodland, With Dominant Alnus, Betula, Populus Or Salix

I1.1 : Intensive Unmixed Crops

Corvus cornix Corvus corax Pica pica Buteo rufinusPhasianus colchicusPopulus alba Salix alba Salix triandra (In ruderal section)

Poa trivialis Agropyrum repens

30 458656 4856063 The proposed route crosses agricultural fields.

Proposed river diversion for protection

G1.1 : Riparian And Gallery Woodland, With Dominant Alnus, Betula, Populus Or Salix

I1.1 : Intensive Unmixed Crops

C2.3 : Permanent Non-Tidal, Smooth-Flowing Watercourses

Corvus cornix Corvus corax Phasianus colchicus Buteo rufinusPopulus alba Salix alba Salix triandra (In ruderal section)

Poa trivialis Agropyrum repens

31 454777 4857892 The proposed route crosses agricultural fields.

Borrow pit area

Proposed river diversion for protection

G1.1 : Riparian And Gallery Woodland, With Dominant Alnus, Betula, Populus Or Salix

I1.1 : Intensive Unmixed Crops

Corvus cornix Pica pica Buteo rufinusPopulus alba Salix alba Salix triandra Carex vulpina (In ruderal section)

Poa pratensis, Trifolium pratense

32 452735 4860950 Proposed route and junction

I1.1 : Intensive Corvus cornix Corvus corax

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crossing settlement area.

Approximately 6 houses needed to be resettled.

Unmixed Crops Pica pica Buteo rufinus (In ruderal section)

Poa pratensis, Agropyrum repens Trifolium repens

33 451432 4862990 Connection point to existing motorway near to settlement.

G1.1 : Riparian And Gallery Woodland, With Dominant Alnus, Betula, Populus Or Salix

I1.1 : Intensive Unmixed Crops

Corvus cornix Corvus corax Pica pica Populus alba Salix alba Salix triandra (In ruderal section)

Poa trivialis Trifolium pratense

*Photolog for the Ecological Field study was provided in Annex-1

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9. SUMMARY OF KEY FINDINGS

Table 9-1. Environmental and Social Appraisal: Compliance Summary

PS Performance Requirement Compliance Comments/ Issues Actions Required

1 Assessment and Management of Environmental and Social Risks and Impacts

Summary:

1.1 Environmental and Social Assessment

Partial Compliance

EIA reports have been prepared for the three Phases of the Project in compliance with the Law on Envıronmental Impact Assessment Published İn The “Official Gazette Of The Republic Of Serbia”, No. 135/2004 (“SlužBeni Glasnik Republike Srbije”, Br. 135/04)

The local EIA studies for all three sections are under revision due to the major route change as well as inclusion of river diversion project required for the protection of the proposed highway.

As the information provided by CIP, the existing “Land Condition” can be used for finalization of the local EIA Report for Phase-1 (covering Section 1, Section 2 and Section 3), with the abolition of the proposed river diversion at single location. In this regard, the local EIA procedure for Phase 1 is planned to be finalized in couple of months. However, land condition for Phase-2 is not available since its EIA does not exist but land condition for Phase-3 needs to be revised as its EIA is being updated.

Local EIA process is mainly based on preliminary design. Site selection and design of associated facilities such as quarries and borrow pits, concrete batching plants, camp sites and access roads are considered in the detailed design phase. In this regard, associated facilities are left to the responsibility of the construction contractor. Due to that reason, the local EIA Reports are not including assessment of associated facilities.

The local EIA Reports do not include Social Impact Assessment.

Local Environmental Impact Assessment (EIA) process is detailed, and it is aligned with IFC requirements. On the other hand, Local EIA process does not include impact assessments related to associated facilities (i.e. access roads, quarries, borrow pits, concrete batching plants, asphalt plants and camp sites) and other relevant associated projects (river diversion and flood protection project). The local EIA Reports also do not cover social impacts. In that respect, a supplementary ESIA document is required to fulfil the IFC PS1. The ESIA Report should also cover the commitments and requirements stipulated in the Local EIA Reports.

Associated facilities for the motorway project are listed in “List 2” of the Decree on the List of projects for which Environmental Impact Assessment Study could be required. Due to that reason, after site selection, there is a possibility of conducting Local EIA process for each associated facility.

Project Description

The description of the Project given in the local EIA Reports is

The description of the Project should be redefined by inclusion of the revised route, associated facilities and associated river

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PS Performance Requirement Compliance Comments/ Issues Actions Required

based on the preliminary design and it does not include associated facilities such as quarries and borrow pits, concrete batching plants, camp sites and access roads.

Among three phases, preliminary design of Phase-1 is considered to be finalized. There are still uncertainties and route change possibilities that exist for other two phases Phase-2 and Phase-3.

The proposed highway route follows the Morava River Valley and major sections of the proposed highway route cross the flood plain defined as 100 years return period. In that respect, river diversion arrangements including construction of by-pass channels and improvement on the riverbed to decrease the flood risk on the proposed highway are proposed. Preliminary design studies for these arrangements are ongoing. All diversions are suggested in the natural flood plain area of the river.

diversion project. Assessment given in ESIA should be based on new project description.

Alternative Analysis

The local EIA Reports regarding Phase-1 and Phase-2 provide limited information about alternative route selection.

The existing information is not sufficient to fulfill the requirement. During the detailed design, a conceptual alternative analysis should also be performed to show that the existing solution is an economically, socially, and environmentally viable solution.

Area of Influence (AoI)

In the local EIA Reports, the Area of Influence used for impact assessment covers preliminary design route and its impact zone.

Local EIA reports do not define the social area of influence.

According to IFC PS1, the AoI should be defined to cover all project components including associated facilities and associated projects. In this respect, the AoI should be re-defined by inclusion of associated facilities and associated projects. The impact assessment should be based on the re-defined AoI.

Legal Requirement and Standards

Owing to the fact that the Republic of Serbia is in the accession process to the European Union, the country is in the harmonization period with regards to the environmental standards of the EU. In this context, harmonization with the EIA Directive, Strategic Environmental Assessment (SEA) Directive and other directives have been largely completed.

The local EIA Reports have been prepared in line with the local legislation. Considering that the local legislation is largely aligned with the EU legislation, the standards used in the local EIA Reports form a basis for the prospective ESIA study. In addition, the WHO guidelines and other good practice guidelines as put forward by the IFC, will

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PS Performance Requirement Compliance Comments/ Issues Actions Required

establish the legal framework for the impact assessment studies.

Environmental Baseline

In the context of the local EIA studies, two sets of baseline data have been used. The first set of data is the data collected during the process of obtaining the Land Condition Decision from the institutions at the beginning of the local EIA process. This set includes data on biological and meteorological conditions as well as data on baseline water quality and baseline air quality, etc.

The second set of data is the data collected at the site by the companies, which have prepared the local EIA Report during the local EIA process. This set includes data on baseline noise levels.

Although the data collected within the scope of the local EIA studies provides a basis for the prospective ESIA study, additional studies should be conducted, since the data does not cover the associated facilities and associated projects. Flora and fauna surveys regarding both terrestrial and aquatic environment need to be done in a timely manner considering the vegetation season and the seasonality for different species breeding periods. In this respect, intensive terrestrial ecological baseline studies to cover fauna species of birds, mammals, reptiles, amphibians and flora species or habitat groups and aquatic ecological surveys for the fish and plant species will be conducted.

Non Compliance

Determination of Social Area of Influence (AoI)

Local EIA reports do not define the social area of influence.

The nearest settlements to the Project Site will be considered as the first impact zone, which is likely to be 500 m on each side. The AoI also needs to cover workers accommodations, maintenance areas, borrow pits, access roads, bridge locations and river diversion areas.

During the determination of Social AoI access roads, river use patterns, forest use, noise and dust during construction and operation phase, labor influx, physical and economic displacement, changes on infrastructure will be also considered.

Non Compliance

Social Baseline

Population census results from 2011 represented in the Local EIA reports, which does not cover the baseline conditions of the local communities.

Updated social baseline survey needs to be conducted in the affected communities that includes the following information

Administrative Divisions and Governance Structure

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Economics (livelihoods, employment, local procurement, inflation)

Demographics and people (population, gender, age distribution, migration, population change, ethnicity, religion, vulnerability)

Social maladies

Education (literacy, local skills, national and local profile)

Land tenure and use

Water use and access

Agriculture and Livestock

Infrastructure (transportation, waste management, irrigation, sewage system, telecommunication,

Tensions and conflict

Non Compliance

Social Impact Assessment

Local EIA reports do no assess the impacts on the social environment.

After collection of the social baseline, an assessment of the impacts needs to be conducted considering the prediction of the social changes of the baseline conditions both for the preconstruction, construction and operation phases. Each impact needs to be evaluated and mitigation and enhancement measures need to be presented both for negative and positive impacts.

Corporate Level Stakeholder Engagement

According to the outputs of the key informant interviews, it has been observed that the relationship between institutions involved to the process is horizontal and the institutions involved to the process do not cooperate officially to discuss the relation of river regulation and the construction of the motorway.

The Morova river is considered as an international waterway and Serbia is a signatory country for Danube Commission. As a result, within the scope of the existing strategic environmental assessment (SEA) done for the General Master Plan for transport in Serbia, other signatory countries need to be informed about outputs of the EIA and ESIA processes of concern in terms of

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PS Performance Requirement Compliance Comments/ Issues Actions Required

The stakeholder engagement and access to information in Serbia relevant IFC PS-1 Serbia enacted legislation in 2009 to implement the requirements of the UNECE and Aarhus Convention.

Local Level Stakeholder Engagement

The Serbian EIA process consists of three stages and each stage requires public feedback. A stakeholder engagement plan is not prepared under the EIA. Within the scope of the project, public participation meetings were held for the previous EIA reports prepared before 2014.

General practice in Serbia during public participation is informing the stakeholders in all environmental impact assessment stages in compliance with Law on Environmental Impact Assessment, EU Directive 2003/35/EC on public participation and Espoo Convention. The public is informed through the newspapers and Internet. The newspaper announcement is being used to share information about the Project description and invite stakeholders to public participation meetings.

Since the revision will be carried out for national EIA reports that will consider river regulation, information disclosure process will also be organized again.

According to the desktop study it has been found that the process has been started to share Spatial Plan of the Project. It has been seen that an early public insight meeting was conducted to share the Spatial Plan The plan was disclosed for a period of 15 days, from 30 August 2017 to 13 September 2017 in the Municipalities of Kraljevo, Krusevac and Cacak, and the municipalities of Varvarin, Vrnjacka Banja, Trstenik and Ćićevac.

river regulating.

National information disclosure system meets with the IFC’s Scoping phase public participation. However, after the completion of the international ESIA report, outputs of the report need to be shared with the stakeholders, which will also include social impact assessment, stakeholder engagement approach, resettlement policy framework, and the grievance mechanism.

1.2 Environmental and Social Management Systems (ESMS)

Partial Compliance

BEJV, as the candidate EPC Contractor, currently maintain ISO 9001, ISO 14001 and OHSAS 18001 management systems5. and Bechtel also has Sustainability Management System certified to BS8900.

A Project-specific ESMS may be established for the construction phase on the basis of the corporate management systems of BEJV. Both companies have the necessary

5 Additionally, Bechtel has a sustainability management system certified to BS8900.

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PS Performance Requirement Compliance Comments/ Issues Actions Required

As a governmental agency, the Roads of Serbia does not have management systems, although it uses similar management systems through establishing special units within the scope of the projects it implements, which are funded by different financial institutions such as the World Bank and EBRD.

experience and organizational structure.

For the operational phase of the Project, it is necessary to establish the management systems.

1.3 Environmental and Social Policy Partial Compliance

BEJV have an Environmental and Social Policy in place and the existing ESMS is established on the basis of the Environmental and Social Policy.

The Environmental and Social Policy established by BEJV for the construction phase can be used as a framework for the Project specific ESMS.

The ESMS to be established for the operational phase will incorporate the Environmental and Social Policy.

1.4 Environmental and Social Management Plan

Non Compliance

Although a monitoring program has been drawn up within the scope of the local EIA Report, this programme cannot be considered as an Environmental and Social Management and Monitoring Plan (ESMMP). The implementation of the monitoring programme is under the responsibility of the Ministry of Environment and Agriculture.

An Environmental and Social Management and Monitoring Plan (ESMMP) should be established to address the identified environmental and social impacts of the Project and issues and other performance improvement measures to meet the PRs.

1.5 Organisational Capacity and Commitment

Partial Compliance

BEJV have the capability to establish the necessary organizational structure for the implementation of both the ESMS and ESMMP.

There is no organizational structure yet set up for implementation of this Project within the Roads of Serbia.

The organizational structure of BEJV is sufficient for the implementation of the construction works.

The Roads of Serbia should set up a Project Implementation Unit (PIU).

With the preparation of the ESIA Report, which will include ESMMP, BEJV implement the commitments in the ESMMP for the achievement of environmentally and socially sound project development.

1.6 Supply Chain Management Partial Compliance

BEJV have a Subcontractor Management Plan in place. The existing Subcontractor Management Plan may be revised in accordance with the Project requirements to be implementable within the scope of the Project.

BEJV will responsible to:

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PS Performance Requirement Compliance Comments/ Issues Actions Required

Work with the local government, community representatives and NGO’s to conduct an assessment of capacity within the area of influence supply to goods and services,

Offer assistance to local companies to ensure that barriers to entry are reduced, for example by assisting companies to complete the required tender documents.

Work closely with the suppliers to provide the requisite training to the workers. The training provided will focus on development of local skills.

Ensure that the appointed project contractors and suppliers have access to Health, Safety, Environmental and Quality training as required by the project. This will help to ensure that they have future opportunities to provide goods and services to the sector.

1.7 Project Monitoring and Reporting Non Compliance

Although a monitoring program has been drawn up within the scope of the local EIA Report, this programme cannot be considered as an Environmental and Social Management and Monitoring Plan (ESMMP), which would cover the necessary information for monitoring and reporting.

The ESMMP to be established as part of the prospective ESIA study will cover the necessary information for monitoring and reporting.

The PIU to be set up by the Roads of Serbia along with Bechtel and ENKA will put the ESMMP into practice for monitoring and reporting. In case the Lender considers it necessary, an independent third party consultant may be engaged.

2 Labour and Working Conditions

Summary:

2 Human Resource Policies and Working Relationships

Child and Forced Labour

Non-Discrimination and Equal

Compliance Current EIA reports do not cover the labour requirements of the Project and the labour standards of Serbia.

The aim of BEJV is to give priority to local labour force during the construction phase of the Project. This approach

During the construction phase of the Project BEJV Human Resources (HR) policies will be combined and integrated with the Serbian Labour Law and the Project specific HR system will be established including, HR policy, Human

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PS Performance Requirement Compliance Comments/ Issues Actions Required

Opportunity

Workers Organizations

Wages, benefits, and conditions of work and accommodation

Retrenchment

Grievance Mechanism

Non-Employee Workers

Supply Chain

will lead to prevent population influx impacts of the Project, provide employment opportunity to locals, prevents social conflicts and tension between the nearby communities and the Project and provide local economic development. Serbia is a member of International Labour Organization since 2000. Serbia ratified all Fundamental and Governance Conventions of ILO and the National Labour Law (2005) is in compliance with the IFC PS-2.

However, desktop studies showed that gender inequality is a problem within the country in terms of equal pay for equal work.

Rights Policy, Workers’ Contracts, Workers’ Accommodation Plan, Local Content and Training Plan, Labour Force Management Plan and Grievance Mechanism.

For the HR management of the operation phase of the Project, responsible party as Roads of Serbia needs to be integrated above mentioned HR system into their corporate system.

3 Resource Efficiency and Pollution Prevention

Summary:

3.1 Resource Efficiency Non Compliance

Resource efficiency is not addressed in the local EIA Report.

Resource efficiency should be studied as part of the ESIA study.

In accordance with the IFC PS 3, BEJV will implement technically and financially feasible and cost effective measures for improving efficiency in its consumption of energy, water, as well as other resources and material inputs, with a focus on areas that are considered core business activities. Such measures will integrate the principles of cleaner production into product design and production processes with the objective of conserving raw materials, energy, and water. Where benchmarking data are available, BEJV will make a comparison to establish the relative level of efficiency.

3.2 Pollution Prevention and Control - Air emissions

Non Compliance

In the considered corridor of E-761 Pojate-Preljina, section, Pojate-Kosevi, no systematic monitoring of air quality is performed and there are no data on the existing air quality in the considered corridor. While there are data on air quality measurement in the territory of Kruševac, the data pertains to the year of 2015.

Ambient air quality measurements should be performed in the considered corridor for CO, NOx, SO2, hydrocarbons, lead, and solid particles in the form of a soot.

3.3 Pollution Prevention and Control - Partial Wastewater management is addressed in the local EIA studies for the construction and operation phases.

The types of wastewater to be generated during the construction and operation phases and their

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Waste waters Compliance Accordingly, it is stated that collection and disposal of wastewater will be carried out in line with the national standards.

amounts should be clearly defined within the scope of the ESIA study. For each type of wastewater, collection and disposal methods should be clearly described.

3.4 Greenhouse Gases Non Compliance

Within the scope of the local EIA Report, there is no quantification of the greenhouse gas (GHG) emissions.

The GHG emissions should be quantified in the scope of the prospective ESIA study. The scope of GHG assessment shall include all direct emissions from the facilities, activities and operations that are part of the Project, as well as indirect emissions associated with the production of energy used by the Project. Accordingly, the quantification of the GHG emissions should be conducted by BEJV annually.

Management of the construction machineries and equipment including trucks and other vehicles is also an important issue in terms of GHS emissions. BEJV will follow the US Standards regarding the low emission from such machineries and vehicles.

BEJV should consider alternatives and implement technically and financially feasible and cost-effective options to avoid or minimize project-related greenhouse gas (GHG) emissions during the design and operation of the project. These options may include, but are not limited to, alternative project locations, techniques or processes, adoption of renewable or low carbon energy sources, sustainable agricultural, forestry and livestock management practices, the reduction of fugitive emissions and the reduction of gas flaring from the asphalt plant (if any). Monitoring of the greenhouse gas emissions will be addressed in the Environmental and Social Management and Monitoring Plan (ESMMP) to be established as part of the ESIA study for the Project.

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3.5 Water Partial Compliance

Due to the fact that there are alternatives for supplying water to the Project site, in case a Project-specific water supply needs to be developed, BEJV should seek to utilise water for technical purposes that is not fit for human consumption, where feasible.

The ESIA study should define the amount of water required for the construction and operation phases of the Project. In addition to applying the resource efficiency requirements of the IFC PS 3, BEJV should adopt measures that avoid or reduce water usage so that the Project’s water consumption does not have significant adverse impacts on others. These measures include, but are not limited to, the use of additional technically feasible water conservation measures within the client’s operations, the use of alternative water supplies, water consumption offsets to reduce total demand for water resources to within the available supply, and evaluation of alternative project locations.

3.6 Wastes Partial Compliance

Waste management is addressed in the local EIA studies for the construction and operation phases. Accordingly, it is stated that collection and disposal of waste will be carried out in line with the national standards.

The types of wastes to be generated during the construction and operation phases and their amounts should be clearly defined within the scope of the ESIA study. For each type of waste, collection and disposal methods should be clearly described.

As per the IFC requirements, when waste disposal is transferred offsite and/or conducted by third parties, BEJV will use subcontractors that are reputable and legitimate enterprises licensed by the relevant government regulatory agencies and obtain chain of custody documentation to the final destination. BEJV should ascertain whether licensed disposal sites are being operated to acceptable standards and where they are, BEJV will use these sites. Where this is not the case, BEJV should reduce waste sent to such sites and consider alternative disposal options, including the possibility of developing their own recovery or disposal facilities at the Project site.

The details concerning the communal waste disposal sites that will be potentially used within the scope of the Project are provided in Annex-2.

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The waste management issues will be addressed in the Environmental and Social Management and Monitoring Plan (ESMMP) to be established as part of the ESIA study for the Project.

3.7 Hazardous Substances and Materials

Partial Compliance

Hazardous substances and materials management is addressed in the local EIA studies for the construction and operation phases. Transport, storage, handling and disposal of the hazardous substances and materials are indicated to be carried out in accordance with the related national regulations.

The list of the hazardous substances and materials should be provided in the scope of the ESIA study.

As per the IFC PS 3, in all activities directly related to the Project, Bechtel and ENKA will avoid or, when avoidance is not possible, minimize and control the release of hazardous materials. In this context, the production, transportation, handling, storage, and use of hazardous materials for project activities should be assessed. BEJV will consider less hazardous substitutes where hazardous materials are intended to be used in manufacturing processes or other operations. BEJV will avoid the manufacture, trade, and use of chemicals and hazardous materials subject to international bans or phase-outs due to their high toxicity to living organisms, environmental persistence, potential for bioaccumulation, or potential for depletion of the ozone layer.

The hazardous substances and materials management issues will be addressed in the Environmental and Social Management and Monitoring Plan (ESMMP) to be established as part of the ESIA study for the Project.

4 Community Health and Safety

Summary:

4.1 Community Health and Safety Traffic and Road Safety Security Personnel Requirements Communicable Disease

Non Compliance

Traffic research (survey, counting) was carried using the model simulation of the traffic network load in the VISUM software package (as well as in the basic documentation), using the available data; traffic analysis and forecasts are carried out for Phase-1 EIA report.

The following management plans and procedures needs to be prepared for the Project:

A traffic management

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Social Tension The EIA report of Phase-3 does not include detailed information on traffic analysis.

Health impacts of the Project also discussed in the local EIAs. The health impacts of the planned highway include impacts on the population in settlements along the highway and motor vehicle drivers and other participants in traffic (passengers,pedestrians). These impacts include noise exposure (highway impact) and air pollution (combustion of oil and exhaust gases in road traffic).

It is noticed that borrow pits are used in the close vicinity of the alignment intensely. It is clear that the country does not have a control mechanism for material procurement. The areas where material is purchased have formed wetlands, which also create high risks in terms of community health and safety as well as impacts on land.

EIA Reports do not cover information about:

Security Personnel Requirements

Communicable Disease

Social Tension

Security management Plan

Community Health Safety and Security Management Plan

Emergency Response Plan

Disaster Management Plan

5 Land Acquisition, Involuntary Resettlement and Economic Displacement

Summary:

5.1 Avoid or minimise displacement Consultation

Compensation for displaced persons

Grievance mechanism

RAP/LRP documentation

RAP/LRP implementation

Monitoring

Non Compliance

During the field study, it was observed that the project route was intensively passing through the agricultural lands.

Although the final number is unknown at this stage, it is estimated that about 75 houses will be resettled according to the Google Earth count and site observations.

In addition, new land acquisition is needed due to river regulation and it is estimated that there will be restrictions on access to the river due to regulation.

There will also be restrictions on access to land due to the project construction.

Number of parcels needs to updated considering the new alignment and the river diversion

All lands acquired (purchased, rented, and expropriated) should be considered as well as possible future land requirements.

Corporate land acquisition policy and procedure need to be prepared in line with IFC PS 5 requirements.

Land acquisition procedure will describe in detail data keeping for all land acquisition requirements of the Project.

The number of consultations led by the land acquisition team have to be recorded

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It is noticed that land use patterns are different in each Phase. For example, in the first and second phases, smaller land is cultivated which makes these villagers more vulnerable about the land acquisition. The reason for the small size of agricultural land in the first phase is seen the result of industrialization in the area. In the third phase, forestry, agriculture and animal husbandry are carried out together and it is seen that there is diversity in terms of economic resources.

The current EIA reports do not mention the use of ecosystem services. Almost all of the interviewed villages are using the river for household consumption.

Current EIA reports only have the list of cadastral parcels for expropriation.

EIA Report does not reflect these lands in terms of loss of land, access to land and river, assess to forest, livelihood and the usage of ecosystem services.

The land acquisition procedure has to define land valuation strategy according to IFC PS 5 and national legislation.

There has to be an asset census for the Project’s land acquisition and determination of the cut of date.

The Project announced by politician on TV and the local people have estimations about the alignment and this situation leads them to construct immovable properties on their land and increase in land and house prices.

A grievance mechanism needs to be established for the landowners and users.

6 Biodiversity and Living Natural Resources

Summary:

6.1 Assessment of Biodiversity and Living Natural Resources

Conservation of Biodiversity

Sustainable Management of Living Natural Resources

Non Compliance

In the current EIA report, the definitions of the habitats in the regions where the project route is located are partly made.

In this context, major flora and fauna species forming habitats are mentioned. In the report for the EIA prepared for Phase-3, the numerical values of the protected bird species along the corridor are given. However, in the reports, it is not known what species are on the route.

During the meeting with the Institute for Nature Protection of Serbia, it was determined that Serbia was a party to international conventions and adopted its local legislation with EU legislation.

The EIA report does not include an assessment of the risk status according to the IUCN Red List for species along the route and whether it is protected by international conventions (e.g. EU Bird Directive, EU Habitat Directive, Bern Convention, Bonn Convention, Ramsar).

The habitats along the route should be classified according to the EUNIS (European Nature Information System) and EU Habitat Directive.

Field studies should be performed for aquatic vascular plants, planktons, benthos, fishes and terrestrial flora (vascular plants) and fauna (mammals, birds, reptiles, amphibians).

Field studies should be concentrated in forests, ruderal areas (located on the edge of the agricultural fields) which serve as a shelter for fauna species and aquatic habitats.

These studies should be carried out at the periods specified in Annex-5. Especially spring season study is important in terms of flowering period of flora species and migration of birds and fish species. In addition, autumn season study is

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No evaluation was made in the reports regarding endemic species along the route.

There is no information on invasive species in the current EIA report.

In current EIA reports, partial definitions of habitats have been made. However, it was not stated where these habitats were located along the corridor. According to the IFC PS6, modified, natural and critical assessments of these habitats have not been conducted.

In the current EIA report, information was given on the national protected areas and it is stated that there is no protected area along the route. However, in the report "Hydrotechnical Study Corridor of The Highway E-761, Section Pojate-Preljina", it is stated that there is a special nature reserve "Osredak" in Phase-2. During the meeting with the Institute for Nature Protection of Serbia, it was stated that there is a Natural Monument (monumental oak tree) “Stable Cacka” in Phase-3.

also important for the winter migration of bird species. Also in these periods, other fauna groups are also quite active and abundant.

The studies to be conducted outside this period will not give a reliable baseline data.

As a result of the field study, conservation and risk status of the species should be listed in detail.

Invasive species along the route should be defined by field studies.

The habitat classification should be done according to IFC PS6 (Modified habitat, Natural habitat and Critical habitat). For critical habitat assessment, conservation and risk status and endemism’s of species should be considered.

National and International protected areas should be indicated in the ESIA report.

7 Indigenous People

Summary: PS-7 is not applicable for the Project since there are no indigenous communities in Serbia. However, Albanians, Bosniaks, Hungarians and Romans are considered, as an ethnic minority within the country according to the Minority Rights Group International and these minority groups needs to be considered within the scope of ESIA studies and Stakeholder Engagement Process as vulnerable communities.

8 Cultural Heritage

Summary:

8.1 Assessment and Management of Impacts on Cultural Heritage

Compliance National EIA reports contains information regarding Conditions for the Protection of Cultural Property, which is issued by the Institute for the Protection of Cultural Monuments of each Municipality.

According to EIA report of Phase-1, has fifteen archaeological sites and three cultural heritage buildings are determined in a close vicinity of the Project site. Archaeological information for Phase-2 is not available since the determination process of location conditions still ongoing. Archaeological sites located in Phase-1 as follow;

EIA report has mitigation measures for technical and physical protection of cultural heritages. However, some additional management requirements needs to be applied including;

Chance find procedure needs to be prepared for the Project

Cultural heritage supervision during the operation

Chance find training to construction workers

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Ćićevac, Pojate, Staro selo - settlement, Middle Ages,

Varvarin, Maskare, Bedem - fortress, late antiquity,

Varvarin, Maskare, Necropolis in the road profile - necropolis, antique,

Varvarin, Maskare, Ornice - settlement, prehistory,

Varvarin, Maskare, Ledine - settlement, prehistory,

Varvarin, Maskare, Seliste - settlement, prehistory,

Varvarin, Bosnjane, Kolarac - settlement, prehistory,

Kruševac, Makrešane, Jazbine - settlement, multilayered,

Kruševac, Makrešane, Sastavci - settlement, antiquity,

Kruševac, Makrešane, Čair - necropolis, antiquity, middle ages,

Kruševac, Makrešane, Tepelija - settlement, Middle Ages,

Kruševac, Makrešane, Old cemetery - necropolis, Middle Ages,

Krusevac, Krusevac, Buzdovani - settlement, Middle Ages,

Kruševac, Dedina, Jasički put - finds money, antique,

Kruševac, Čitluk, Konopljara - settlement, multilayered,

For Phase-3 Institute for Protection of Cultural Heritage of the City of Kraljevo, for the preparation of the Preliminary Design of Motorway E - 761 Pojate - Preljina, Section Adrani - Mrcajevci - Preljina from km 79 + 000.00 to km 109 + 612.72 with a length of 30.62 km, carried out reconnaissance of the terrain and archaeological analysis. Based on the data obtained by the analysis, conditions were issued by the said institution.

After examining the submitted requirements from the Institute, in the study area of Section Adrani - Mrcajevci - Preljina, of Motorway E - 761, which is the subject of this

Coordination with relevant authorities

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study, no archaeological sites were observed, or archaeological objects, which could be affected by the construction of the motorway section.

During the consultations with the EIA consultancy company for Phase-3 it was stated that there is a holy tree in Phase-3 which needs to be protected.

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10. PRELIMINARY IMPACT ASSESSMENT OF THE PROJECT

In order to assess the potential environmental impacts of the Project, project related activities have been reviewed against the variety of associated

possible impacts and existing environmental receptors that may be affected. In order to do so following list of potential impacts have been identified

for the Project scope for each operation phase, respectively.

Table 10-1. Preliminary Impacts of Construction Phase of the Project

Impact Type Description Nature Duration Extent Magnitude Likelihood Impact Significance

Mitigation Measures

Loss of Productive Soil and Agricultural Lands

Impacts on natural landscape (relief, soil cover, vegetation, eco-systems, habitats and wildlife)

Negative Permanent Project Area

High Certain High The alignments will be selected in order to minimize potential impacts to valuable landscapes, from ecosystem, cultural and economic perspectives.

Pre-entry survey, replanting of rare species, prevention of damage to fauna, top soil storage.

Delimitation of areas to be cleared before the beginning of the construction activities, in order to limit as much as possible the surface of vegetation to be cleared.

Vegetation clearance works should start if possible before the breeding season (spring)

Restoration of sites to their baseline condition where possible upon completion of construction

Harvest and utilization of public domain forest resources prior to construction

Compensation given to private landowners

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Impact Type Description Nature Duration Extent Magnitude Likelihood Impact Significance

Mitigation Measures

Removal of topsoil material for construction of motorway

Negative Short term Project area

Low Certain Low The removed topsoil shall be preserved so it can be used for re-vegetation and to fill the side slopes, when possible.

Geology and Soil

Accidental oil and / or petroleum leaks from machinery

Negative Short term Project area

Low Likely Low Ground investigation and risk assessment.

Construction Environmental Management Plan.

Biodiversity / Ecology

Sources of artificial light can be jeopardizing factors, especially for nocturnal species

Negative Short term Project area

Low Likely Low Apply appropriate technical solutions (focus light sources "down", minimum illumination without using the "decorative" light sources).

Use non shadowing screen for protection against the dispersion of light.

Impacts on natural landscape for habitats and wildlife

Negative Permanent Project area

High Likely High Conduct two Preconstruction baselines in spring and autumn seasons, respectively.

Securing and making safe, all open excavations, hazardous materials, and plant machinery when not in use.

Impact on aquatic ecosystems (motorway-river regulation)

Negative Permanent Project area

High Certain High Consider seasonal constraints

Protect water applying sediments catchments etc.

River regulation should be designed in accordance with the natural structure as much as possible

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Impact Type Description Nature Duration Extent Magnitude Likelihood Impact Significance

Mitigation Measures

Prepare a Waste Management Plan as part of the ESMP.

Excavated materials will not be dumped into freshwater features, nor will they be stored in their proximity,

Maintenance, refueling and cleaning of construction machines must be scheduled in locations distant from watercourses and which will be defined before the start of works.

Poaching by construction workers

Negative Short term Local Low Not likely Insignificant Prohibit poaching

Habitat fragmentation

Negative Permanent Project area

High Certain High Design and construct fauna crossing points along the highway.

Strictly adhere to planned route of the highway and its associated construction corridor.

Tree cutting Negative Permanent Project area

High Certain High Restricting tree cutting within the construction limit

Avoiding tree cutting at ancillary sites.

Replantation

Excessive and destructive noise and vibration

Negative Short term Project area

Medium Certain Moderate Avoid noisy operations in the night near settled areas and animal habitats

Insulate noisy machines when working near animal habitats and settlements

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Impact Type Description Nature Duration Extent Magnitude Likelihood Impact Significance

Mitigation Measures

Erosion stimulated from fresh road cuts and fills and temporary sedimentation of natural drainage ways

Negative Short term Project area

Medium Unlikely Low Standard control measures against the erosion will be implemented.

Water Contamination during construction works

Negative Short term Regional High Not likely Moderate Collect and recycle lubricants

Avoid accidental spills through good practice

Avoid refueling near watercourses

Use biodegradable lubricants for the machines and biodegradable oils for transmissions, to minimize pollution during the works

River banks in the exploration area should be protected by fences during the construction phase, to prevent negative impact that may be caused by driving and unloading of materials nearby

Avoid driving machines inside rivers, streams, or on their banks, except where this is unavoidable due to the construction of a facility or structure. Also avoid discharge wastewaters originating from the workers into rivers and streams.

Check vehicles (leaking of fuel etc.)

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Impact Type Description Nature Duration Extent Magnitude Likelihood Impact Significance

Mitigation Measures

Waste Significant volume of non-hazardous

Negative Short term Project area

Low Likely Low Construction Waste Management Plan (CWMP) will be prepared and maintained.

Poor sanitation and solid waste disposal

Negative Short term Local Medium Likely Moderate Adequately located and maintained latrines and waste disposal facilities

Air Quality Air pollution from vehicle operations

Negative Short term Local Medium Certain Moderate Require adherence to engine maintenance schedules and standards to reduce air pollution

Cleaning of vehicles before leaving the public areas

Periodically water down or light oil temporary roads

Enhance public transportation and traffic management capability

Air pollution from asphalt plants.

Negative Short term Local Medium Certain Moderate Install and operate air pollution control equipment.

Noise Noise pollution from vehicle operation

Negative Short term Project area

Medium Certain Moderate Include physical barriers to noise plans

Noise and vibration affected residential or business receptors will be timely informed of the construction activity through appropriate communication channels

Enhance public transportation and traffic management capability

Install and maintain mufflers on requirement

Where appropriate, haul routes for construction material will avoid

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Impact Type Description Nature Duration Extent Magnitude Likelihood Impact Significance

Mitigation Measures

additional nuisance in residential areas or at sensitive sites

All plants, vehicles and machinery used during construction will be regularly maintained and turned-off when not in use

Community Health and

Safety

Health hazards by noise, air emissions and dust

Negative Short term Local Medium Certain Moderate Implementation of Community Health and Safety Plan

Implementation of contractor Management Plan (dust, noise, air control)

Implementation of Community Grievance Mechanism

Implement Waste Management Plan

Social disruption caused by the construction related activities in the RoW, the borrow pit sites, waste dumps, construction camps and equipment yards

Negative Short term Local Medium Certain Moderate

Hazardous driving conditions where construction interferes with pre- existing roads

Accident risks associated with vehicular traffic and transport

Negative Short term Regional High Likely High Implement Traffic Management Plan, Community Health and Safety Plan

Inform local authorities about the routes of the transportation,

Inform local services including hospitals and school,

Avoid using community roads during school hours and peak hours,

Appropriate security features including fencing, sign posting and potentially security personnel.

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Impact Type Description Nature Duration Extent Magnitude Likelihood Impact Significance

Mitigation Measures

Provide in design for proper markers on roads, including lights.

Instruct the drivers.

Traffic accidents Negative Short term Regional High Likely High Implement Traffic and Community Health and Safety Plan, Emergency Response Plan

Minimize pedestrian interactions with the construction vehicles

Improve local traffic signage

Awareness training about construction site hazards to children/youths in nearby village schools;

Placement of fencing or other barricades around dangerous construction installations with warning signs of the hazards;

Use of professionally trained security guards at construction sites

Presence of temporary workers in the local area

Negative Short Term

Local Medium Likely Moderate Workers Code of Conduct will be enforced, including guidelines on safe driving;

Proper HR training will be conducted

Grievance Mechanism will be implemented

Implement Contractor Management Plan will be implemented

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Impact Type Description Nature Duration Extent Magnitude Likelihood Impact Significance

Mitigation Measures

Damage and disruption to road transport and infrastructure

Negative Short Term

Local Medium Likely Moderate The Project will maintain the existing road network by keeping it open to the public during construction through the use of diversions when closure of a given road is required.

Where roads are closed, local solutions (including diversions if necessary) will be put in place.

Public Relations Officers will be present at work fronts to ensure that impacts from planned disruptions are minimized.

Temporary increase in traffic flow

Negative Short term Regional High Likely High Road Safety and traffic management plan will be implemented

Installation and maintenance of sign, signals and other devises to regulate traffic will be established

The setting of speed limits appropriate to the road and traffic conditions

Real time warning system with signage to warn drives of congestion, accidents, and adverse weather or road conditions.

Occupational Health and

Safety

Work at heights, slips and falls, moving machinery, struck by objects,

dust and asbestos fibres dust, confined spaces and excavations, biological hazards

Negative Short term Project area

High Likely High Employ workers who are fully trained, have an appropriate awareness of the hazards of working at construction sites and are trained to use and use the appropriate equipment to undertake their tasks in a safe manner.

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Impact Type Description Nature Duration Extent Magnitude Likelihood Impact Significance

Mitigation Measures

Safety risks due to unauthorized access to construction compounds and work sites

Labor conditions

All workers associated with the project, and in particular the site management, will need to be familiar with appropriate safety measures for this type of construction works, starting with undertaking appropriate hazard and risk assessments for all activities.

Occupational Health and Safety Plan

Emergency Response Plan

Appropriate security features including fencing, sign posting and potentially security personnel.

Provide electricity, gas and water within the construction camp borders

Health and safety of personnel in collaboration with local health officials to ensure that medical staff, first aid facilities and ambulance services are available at all times

Conduct STI, STD and HIV awareness program

Providing sufficient supply of suitable food and water

Take necessary precautions to protect personnel from insect and pest nuisance to reduce their danger to health

Socio-economic

Employment Opportunities

Positive Short term Regional High Certain High Seek to employ local personnel residing in project-affected communities on different portions of the Site

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Impact Type Description Nature Duration Extent Magnitude Likelihood Impact Significance

Mitigation Measures

Implement transparent and fair recruitment procedures.

Provision of a grievance mechanism for residents, business and workers.

Local Procurement Opportunities

Positive Short term Regional High Certain High Supply Chain opportunities for local people and local businesses will be managed through Local Procurement Plan

Capacity Enhancement for workforce

Positive Short term Regional High Certain High Local Content and Training plan needs to be implemented to increase skills of the workforce

HR policy and contractor management plan needs to be implemented

Reduced access to agricultural fields

Negative Short term Local Medium Likely Moderate Implementation of Stakeholder Engagement Plan

Implementation of Resettlement Action Plan

A Project specific Grievance Mechanism

The change of the existing type of the land use

Negative Permanent Local High Certain High Implementation of stakeholder engagement plan

Implementation of Land Acquisition and Compensation Framework

Implementation of Grievance Mechanism

Borders of the construction areas and expropriation corridor will be identified by suitable markings

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Impact Type Description Nature Duration Extent Magnitude Likelihood Impact Significance

Mitigation Measures

Construction workers will be trained to stay within the borders of the construction areas and expropriation corridor.

Insurance of corrective measures in case of any direct or indirect damage on state or private property

Loss of economic forest lands function

Negative Permanent Project area

High Certain High Ecological bridge should be constructed at suitable points in line with the requirements of the related forestry regulations

Afforestation needs to be developed and implemented

Access Ecosystem services including forest and river

Negative Permanent Regional High Certain High It is important to inform villagers about the river diversion and construction of the bridges

Spawning season should be taken into consideration for the timing of the construction activities

Firewood collection, herbs collection and hunting periods should be considered

The contractors will inform villagers before the activities in the forestry areas.

As much as possible existing roads needs to be used

Dust management control measures will be implemented

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Impact Type Description Nature Duration Extent Magnitude Likelihood Impact Significance

Mitigation Measures

Physical and Economic

Displacement

Negative Permanent Project area

High Certain High Borders of the construction areas and expropriation corridor will be identified by suitable markings so that non-project land is not impacted.

Construction workers will be trained to stay within the border of the construction areas and expropriation corridor.

The Project land will not be altered or occupied until the contractor has a legal right to do so. .

If complaints related with unauthorized use of privately-owned lands, damages on adjacent lands, etc. are received through Project’s Grievance Mechanism, evaluation/inquiry will be conducted on a case-by-case and where necessary, corrective actions will be planned and implemented.

Where involuntary resettlement is unavoidable the expropriation will be carried out by Serbian regulations to identify the persons who will be displaced by the Project and determine who will be eligible for compensation and assistance. Persons eligible for compensation are those who own the land (or part-owners) including persons

who have formal legal rights to the land or assets they occupy or use,

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Impact Type Description Nature Duration Extent Magnitude Likelihood Impact Significance

Mitigation Measures

who do not have formal legal rights to land or assets, but have a claim to land that is recognized or recognizable under national law

Development of Land Acquisition, Compensation and Resettlement Framework, Livelihood Restoration Framework.

Sufficient advance notice and requested to vacate premises and dismantle affected structures prior to project implementation

Cultural Heritage

Disturbance of unknown archaeological remains.

Disturbance memorials

Negative Permanent Project Area

High Unlikely Moderate Chance Find Procedure will be implemented

Cultural Heritage Management Plan will be implemented

Cultural Heritage Management Implementation Plan will be developed

Landscape and visual

Changes to access and effects of traffic management

Removal of occasional trees/ shrubs

Negative Short term Project area

Medium Certain Moderate New tree and hedge / shrub planting to be planted within a suitable depth of appropriate topsoil to aid establishment.

All open excavations, hazardous materials, and plant machinery should be secured and made safe when not in use.

A fence for the boundary of the site should be installed which will help to prevent site access by animals and herders.

Alternative routes for dirt roads while intersections are constructed should be identified and publicized.

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Impact Type Description Nature Duration Extent Magnitude Likelihood Impact Significance

Mitigation Measures

Construction Environmental Management Plan. Minimize the use of artificial lighting on the site and where needed, use directional lighting.

Protect and preserve memorial sites along the Project. Ensure a suitable number of underpasses are installed along the route.

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Table 10-2. Preliminary Impacts of Operation Phase of the Project

Impact Type Description Nature Duration Extent Magnitude Likelihood Impact Significance

Mitigation Measures

Loss of Productive Soil and Agricultural Lands

Long-term degradation of natural landscape

Negative Permanent Project area

High Not likely Moderate Realignment where possible to avoid valuable landscapes and ecosystems

Prevalence of long term remediation and conservation measures.

Reinstatement of landscape and vegetation cover, bio-restoration and landscaping,

All degraded areas should be rehabilitated with new elements of greenery, so that land, and with it the landscape, returned to its original state.

Harvest and utilization of public domain forest resources prior to construction

Compensation given to private landowners

Restoration of sites to original conditions to extent possible through reclamation measures

Biodiversity / Ecology

The highway corridor forest or tall vegetation will replace with vegetation of mainly grass species.

Some species such as rodents and

Negative Permanent Local High Likely High Develop and implement during the operation phase a Monitoring Plan of terrestrial flora and fauna

Develop and implement a Biodiversity Action Plan

Construct and maintain an impenetrable and resistant fence along the highway will prevent access of animals (esp. medium and large mammals) to the motorway and will

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reptiles are attracted by the new habitats and environmental conditions created after the road construction.

reduce the possibility of collisions and road mortality.

Landslide and Soil Erosion

Landslides, slumps, slips and other mass movements in road cuts and adjacent territories

Erosion from fresh road cuts and fills and temporary sedimentation of natural drainage ways.

Negative Permanent Regional High Not likely Moderate Provide drainage works as needed to reduce risk, according to prior surveys. If it is not possible to realign route to avoid inherently unstable areas:

o Long-term remediation and stabilization works including reinstatement of relief, vegetation cover and landscape

o Monitoring

o Installation of long-term drainage systems and retaining structures.

Landscape and Visual

Landscape disfiguration

Negative Long term Regional High Not likely Moderate Grade limitations to avoid cutting ad filling where scenery would be spoiled

Maintenance and /or restoration of roadside vegetation

Use an architectural design to blend with the existing landscape

Replant disfigured surfaces

Water Changes of hydrological patterns of the rivers and streams

Negative Long term Regional High Not likely Moderate Monitoring of effects such as lateral erosion of river banks.

River bank protection measures, as needed.

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Contamination Soil and water contamination by oil, grease, fuel and paint alongside the motorway

Negative Long term Regional High Likely High Implementation of Environmental Management Plan, Waste Management Plan, Hazardous Material Management Plan, Spill Prevention Plan

Air Quality Air pollution from asphalt plants during maintenance works.

Negative Long term Local Low Likely Low Install and operate air pollution control equipment

Air pollution from vehicle operation,

Local dust.

Negative Long term Regional High Likely High Implement maintenance schedules and standards

Operation phase traffic management plan

Noise Noise pollution from vehicle operation

Negative Long term Regional High Likely High Include if necessary physical barriers to mitigate the noise to the receptor

Implement operation phase traffic management and noise control plan

Waste Roadside litter. Negative Long term Regional High Likely High Provide for disposal facilities

Operational phase waste management plan

Community health and Safety

Creation of a new pathway for disease vectors affecting humans and animals. Creation of a transmission corridor for diseases,

Negative Long term Regional High Not likely Medium Encourage anti littering laws and regulations

Establishment of plant and animal sanitation service and related checkpoints

Dust control by application of water or chemicals Provide appropriate designed and located crossings

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pests, weeds and other undesirable organisms

Health hazards by dust raised and blown by vehicles.

Obstruction of routes from homes to farms, etc., increasing travel time.

Impairment of non-motored transportation in the motorway corridor due to reduced or impeded rights-of-way.

Accident risks associated with vehicular traffic and transport, that may result in spills of toxic materials injuries or loss of life

Negative Long term Regional High Not likely Moderate Include slow traffic lanes and/or paved shoulders and safe crossings

Operational traffic management plan

Design and implement safety measures and an emergency plan to contain damages from accidental spills

Designate special routes for hazardous materials transport

Regulation of transport of toxic materials to minimize danger

Prohibition of toxic waste transport through ecologically sensitive areas.

Socioeconomic Impacts

Economic growth through improved connectivity and accessibility

Positive Long term National High Certain High Provide advanced information on tendering opportunities to local businesses through trade and industry chambers and local business organizations in the region

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11. CONCLUSION

The objective of the Gap Analysis for Scoping Report is to identify the main potential

impacts of the proposed Project that will require detailed investigation during the ESIA

works, based on the Project information available at this phase.

According to desktop study and field study conducted by experts of 2U1K, impacts on

natural water resources due to river diversion as well as impacts on air, soil quality and

noise pollution are considered as major sources of environmental impacts. On the other

hand, physical and economic displacement due to land acquisition, employment

opportunities is expected to be the major sources of socio-economic impact.

From the review of the EIA, the review of additional documentation, the site visit to inspect

the current road and the discussions held with various stakeholders, it is concluded that the

Project is Category A as defined in IFC Procedure For Environmental and Social Review of

the Projects.

The preliminary assessment of potential environmental and social impacts will facilitate an

efficient ESIA process and avoid those investigations that go beyond the key information

necessary for effective decision-making.

The ESIA studies will cover all phases and associate facilities of the Project. The impact

area will be determined based on the AoI approach adopted in IFC PS1.

In order to be able to realize the overall goal of the Project, the important environmental and

social issues that were identified at this phase of the Project shall be appropriately

assessed starting from the Scoping study and should last during all other successive

phases of the development.

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ANNEX-1 SURVEY LOCATIONS MAP AND PHOTOLOG

FOR ECOLOGICAL FIELD STUDY

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1

General view of Observation point

2

General view of Observation point

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Corvus corax

Vulpes vulpes carcass on railroad Vulpes vulpes feces

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3

General view of Observation point

Buteo rufinus

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4

General view of Observation point

Rooting by Sus scrofa Male and female Podiceps cristatus individuals

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5

General view of Observation point

Buteo rufinus Streptopelia decaocto

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6

General view of Observation point Buteo rufinus

7

General view of Observation point

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12

General view of Observation point Footprint of Vulpes vulpes

13

General view of Observation point

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14

11.1.1.1

General view of Observation point

Lacerta viridis Salix alba

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15

11.1.1.2

General view of Observation point Ciconia ciconia

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Corvus cornix Talpa europaea carcass

16

Turdus merula Herd of Turdus merula

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17

General view of Observation point

18

General view of Observation point

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19

General view of Observation point

20

General view of Observation point

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21

General view of Observation point

22

General view of Observation point

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11.1.1.3

General view of Observation point

Herd of unidentified Waterbirds Molehill of Talpa europaea

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General view of Observation point

25 -

26

General view of Observation point Streptopelia decaocto

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General view of Observation point Microcarbo pygmaeus

28 -

29

General view of Observation point

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Corvus cornix Phasianus colchicus

30

General view of Observation point

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General view of Observation point

32

General view of Observation point

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33

General view of Observation point

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ANNEX-2: DETAILS CONCERNING THE COMMUNAL

WASTE DISPOSAL SITES TO BE POTENTIALLY USED

WITHIN THE SCOPE OF THE PROJECT

Ćićevac and Varvarin (document: LEAP for the Municipality of Cicevac for 2017-

2021, dated: December 2017 and Strategy of suistanble development of the

Municipaliy of Varvarin for 2007-2017, dated: March 2007) – JKSP Razvitak from

Ćićevac and JKP Varvarin from Varvarin are engaged for collection, transport and

disposal of communal waste. Collected communal waste from Ćićevac and Varvarin

Municipalities is disposed on non-hygenic dumpsite located in abandoned river

valley, approximately 500 m from Velika Morava River and 4 km from the road

Ćićevac – Varvarin. The dumpsite has been used for more than 20 years and it

occupies surface of app. 1 ha. Annual disposal of communal waste from both

companies is estimated on app. 10,600 m3. There are no protective measures and

very limited activities for compacting of disposed waste (with bulldozer). Certain

amounts of construction and animal waste are disposed also.

Kruševac (document: Local program for environmental protection 2015-2024, dated:

March 2015) – JKP Kruševac is engaged for collection, transport and disposal of

communal waste. Communal waste is disposed on the Srnje dumpsite, location used

since 1984, located approximately 6.5 km from Kruševac and between three villages:

Srnje, Velika Kruševica and Padež. Total surface of complex is 37 ha of which 20 ha

is dedicated for the communal waste disposal. There are no drainage canals on the

dumpsite and other protective measures. Daily disposal of non-hazardous waste is

estimated on 150 t. The bulldozer and loading shovel are used for manipulation with

collected communal waste. JKP Kruševac holds one separate operational unit for

sorting and recycling of PET packaging, glass and cardboard/paper/PVC folia.

Trstenik (document: Program for environmental protection in the Municipality of

Trstenik 2017-2021, dated: February 2017) – JKSP Komstan Trstenik is engaged for

collection, transport and disposal of communal waste on the city landfill. Annual

disposal of waste is 9000 t for communal waste and 2000 t for the waste from the

industry. Industry waste is presented with sludge and waste chemicals, which

are disposed in dedicated concrete cassettes. The landfill is located in Osaonica, in

the place called “Dzamski potok”, approximately 3 km from the city of Trstenik. Total

surface of the landfill is 7.5 ha. The landfill is edged with fence, with access road,

plateau, system for extracting of landfill gases, drainage water system, installed

piezometers, etc.

Vrnjačka banja (publicly available information) – Vrnjačka banja Municipality has

signed the contract with sanitary landfill in Lapovo for collection, transport and

disposal of communal waste.

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Kraljevo (document: LEAP for the Municipality of Kraljevo, dated: 2012) – JKP

Čistoća is engaged for collection, transport and disposal of communal waste on

dumpsite “Kulagića Ada”, located approximately 150-200 m from Zapadna Morava

River The dumpsite is formed in 1971 and the communal waste is disposed since

then. It occupies a surface of approximately 8 ha. Approximately 36,000 t of waste is

disposed on this dumpsite annually. It is characterized as a dumpsite without minimal

protective measures according to applicable Laws.

Čačak (publicly available information) – Čačak Municipality with other 8

Municipalities in Serbia have founded Duboko regional sanitary landfill in Užice and

they are engaged for collection, transport and disposal of communal waste since

2005. Daily collected communal waste in Čačak is approximately 70t. In addition, the

Municipality of Čačak has opened transfer station in March 2016, as a central place

for collection and primary sorting of waste in Čačak.

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ANNEX-3 MAPS

SERBIA MOTORWAY ROUTE MAP

SERBIA MOTORWAY EUNIS HABITAT MAP

KRUSEVAC CAMP SITE MAP

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SERBIA MOTORWAY ROUTE MAP

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SERBIA MOTORWAY EUNIS HABITAT MAP

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Final April 2019Project No: 19.003 Page: 120 / 124

KRUSEVAC CAMP SITE MAP

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Final April 2019Project No: 19.003 Page: 121 / 124

ANNEX-4 ESIA CONTENT

CONTENTS

1 INTRODUCTION & CONTEXT

1.1 INTRODUCTION TO THE PROJECT

1.2 PURPOSE OF THE ESIA REPORT

1.3 CONTEXT OF ALL DOCUMENTS COMPRISING THE ESIA PACKAGE

1.4 OVERVIEW OF THE ESIA APPROACH

1.5 ESIA TEAM

1.6 NEXT STEPS IN THE ESIA PROCESS

2 THE PROPOSED DEVELOPMENT

2.1 INTRODUCTION AND PROJECT’S PARTIES

2.2 PROJECT AREA

2.3 PROJECT DESIGN

2.4 CONSTRUCTION

2.5 ASSOCIATED FACILITIES

2.6 OPERATIONS

2.7 PROJECT JUSTIFICATION

2.8 PROJECT ALTERNATIVES

3 SUMMARY OF STAKEHOLDER ENGAGEMENT TO DATE

3.1 INTRODUCTION

3.2 PREVIOUS CONSULTATION ACTIVITIES

3.3 STAKEHOLDER ENGAGEMENT DURING SCOPING

3.4 STAKEHOLDER ENGAGEMENT DURING ESIA PREPARATION

3.5 SUMMARY OF SCOPING FINDINGS

3.6 STAKEHOLDER ENGAGEMENT DURING DRAFT FINAL ESIA

DISCLOSURE

4 ADMINISTRATIVE FRAMEWORK

4.1 INSTITUTIONAL FRAMEWORK

4.2 APPLICABLE SERBIAN ENVIRONMENTAL AND SOCIAL

LEGISLATION

4.3 INTERNATIONAL CONVENTIONS

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4.4 EIA PROCESS UNDER SERBIAN EIA REGULATION

4.5 EXPROPRIATION PROCESS UNDER SERBIAN EXPROPRIATION

LAW

4.6 RESETTLEMENT PROCESS UNDER SERBIAN RESETTLEMENT LAW

4.7 RELEVANT STANDARDS OF THE ESIA

5 ESIA METHODOLOGY

5.1 INTRODUCTION

5.2 OVERVIEW OF THE ESIA PROCESS

5.3 SCOPING

5.4 BASELINE STUDIES

5.5 ALTERNATIVES AND INTERACTION WITH PROJECT PLANNING AND

DESIGN

5.6 IMPACT ASSESSMENT

6 SCOPE OF THE ESIA

6.1 SUMMARY OF SCOPING

6.2 APPROACH TO SCOPING

6.3 RESULTS OF THE SCOPING EXERCISE

7 IMPACTS DURING CONSTRUCTION AND OPERATION

7.1 INTRODUCTION

7.2 RESOURCES AND WASTE

. 7.2.1 Baseline Conditions

7.2.2 Impact Assessment

7.2.3 Mitigation Measures

7.2.4 Residual Impacts

7.3 GEOLOGY, SOILS AND CONTAMINATED LAND

. 7.3.1 Baseline Conditions

7.3.2 Impact Assessment

7.3.3 Mitigation Measures

7.3.4 Residual Impacts

7.4 WATER ENVIRONMENT – TERRESTRIAL

. 7.4.1 Baseline Conditions

7.4.2 Impact Assessment

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7.4.3 Mitigation Measures

7.4.4 Residual Impacts

7.5 BIODIVERSITY AND CONSERVATION

. 7.5.1 Baseline Conditions

7.5.2 Impact Assessment

7.5.3 Mitigation Measures

7.5.4 Residual Impacts

7.6 AIR AND CLIMATE

. 7.6.1 Baseline Conditions

7.6.2 Impact Assessment

7.6.3 Mitigation Measures

7.6.4 Residual Impacts

7.7 NOISE AND VIBRATION

. 7.7.1 Baseline Conditions

7.7.2 Impact Assessment

7.7.3 Mitigation Measures

7.7.4 Residual Impacts

7.8 LANDSCAPE AND VISUAL

. 7.8.1 Baseline Conditions

7.8.2 Impact Assessment

7.8.3 Mitigation Measures

7.8.4 Residual Impacts

7.9 SOCIO-ECONOMIC ASSESSMENT

. 7.9.1 Baseline Conditions

7.9.2 Impact Assessment

7.9.3 Mitigation Measures

7.9.4 Residual Impacts

7.10 DISPLACEMENT OF EXISTING LAND, USE, PROPERTY AND

PEOPLE

7.10.1 Baseline Conditions

7.10.2 Impact Assessment

7.10.3 Mitigation Measures

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7.10.4 Residual Impact

7.11 LABOUR AND WORKING CONDITIONS

7.11.1 Baseline Conditions

7.11.2 Impact Assessment

7.11.3 Mitigation Measures

7.11.4 Residual Impact

7.12 COMMUNITY HEALTH AND SAFETY

7.12.1 Baseline Conditions

7.12.2 Impact Assessment

7.12.3 Mitigation Measures

7.12.4 Residual Impact

7.13 ARCHAEOLOGY AND CULTURAL HERITAGE

7.13.1 Baseline Conditions

7.13.2 Impact Assessment

7.13.3 Mitigation Measures

7.13.4 Residual Impact

7.14 ECOSYSTEM SERVICES

7.14.1 Baseline Conditions

7.14.2 Impact Assessment

7.14.3 Mitigation Measures

7.14.4 Residual Impact

8 CUMULATIVE IMPACTS