Environmental and Social Systems Assessment (ESSA)...Decree 176/003 in 2003. Thus, the Environmental...

Environmental and Social Systems Assessment (ESSA)

URUGUAY ROAD REHABILITATION AND MAINTENANCE PROGRAM

October 3rd, 2012

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The Environmental and Social Assessment (ESSA) of the Uruguay Road Infrastructure Program (P125803) was prepared by a Bank team comprised of Ruth Tiffer Sotomayor (Sr. Environmental Specialist, LCSEN) and José V. Zevallos (Sr. Social Development Specialist, LCSSO). Frank Fragano (Sr. Environmental Specialist, SAT) and Robert Montgomery (Lead Environmental Specialist, LCSEN) provided comments and other inputs.

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Acronyms and abbreviations

CREMA Contratos de Rehabilitacion y Mantenimiento – Road rehabilitation and maintenance performance-based contracts

CVU Corporacion Vial del Uruguay – Uruguay Road Corporation DINAMA Direccion Nacional de Medio Ambiente – Environmental Department

(MVOTA) DLI Disbursement-Linked Indicator DNTop Dirección nacional de Topografía – Topographic Surveying Department DNV Direccion Nacional de Vialidad – Road Department EIA Environmental Impact Assessment EM DNV Environmental Manual EMP Environmental Management Plan ESSA Environmental and Social System Assessment F/C Fraud and Corruption FONPLATA Fondo fiduciario para el desarrollo de la cuenca del Plata – Fund for the

development of the Rio del Plata basin GoU Government of Uruguay IADB Inter-American Development Bank ISP Implementation Support Plan MGAP Ministerio de Ganaderia, Agricultura y Pesca –Ministry of Cattle,

Agriculture and Fishing MTOP Ministerio de Transporte y Obras Publicas – Ministry of Transport and Public

Works MVOTMA Ministerio de Vivienda, Ordenamiento Territorial y Medio Ambiente –

Ministry of housing, land planning and environment PAD Program Appraisal Document PAP Program Action Plan PDO Program Development Objective PforR Program for Results UAV Unidad Ambiental de Vialidad –DNV Environmental Unit

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TABLE OF CONTENTS

EXECUTIVE SUMMARY .......................................................................................................................... v

1 Program Description ......................................................................................................................... 2

1.1 Program Scope .................................................................................................................................. 2

1.2 Geographical Scope of the Program ................................................................................................. 4

1.3 Typology of Works ........................................................................................................................... 4

1.4 Main Stakeholders related to the Program ........................................................................................ 6

2 Program context and potential impacts ............................................................................................. 7

2.1 Environmental Context ..................................................................................................................... 7

2.2 Potential Environmental Impacts ...................................................................................................... 8

2.3 Potential Social Impacts .................................................................................................................. 10

2.4 Indirect Impacts .............................................................................................................................. 11

2.5 Mitigation and prevention Measures to reduce environmental impact ........................................... 11

3 Environmental Management System .............................................................................................. 13

3.1 Institutional Responsibilities ........................................................................................................... 13

3.2 Regulatory Framework ................................................................................................................... 15

3.3 Environmental management specificities related to Program financiers ........................................ 25

3.4 Program Capacity in the Environmental Management - Performance Assessment ........................ 26

3.5 Relevance with the Principles of OP 9.00 ....................................................................................... 28

4 Social Management System ............................................................................................................ 29

4.1 Institutional responsibilities ............................................................................................................ 29

4.2 Description of the regulatory framework ........................................................................................ 30

4.3 Social management specificities related to Program financiers ...................................................... 32

4.4 Program Capacity in the Social Area and Performance Assessment .............................................. 33

4.5 Relevance to the Principles of OP 9.0 ............................................................................................. 33

5 Assessment of Program System ...................................................................................................... 35

6 Inputs to the Program’s Action Plan ............................................................................................... 43

6.1 Main Inputs to the Program Action Plan ........................................................................................ 43

6.2 ESSA consultation and disclosure .................................................................................................. 45

7 Environmental and Social Risks ..................................................................................................... 47

7.1 Potential Environmental risks ......................................................................................................... 47

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7.2 Potential Social Risks ..................................................................................................................... 49

7.3 Past project performance track-record ............................................................................................ 50

7.4 Evaluation of the Environmental and Social Risks ......................................................................... 51

8 Inputs to the Program Implementation Support Plan ...................................................................... 52

Figures and Tables

Figure 1 National road network (primary and secondary) in Uruguay.

Table 1 Typology of activities which will support the Program

Table 2 Main regulations applicable to the operation of the DNV Program.

Table 3 Main processes involved in the implementation and environmental management of projects of the DNV Road Program.

Table 4 Evaluation of the Environmental and Social Systems in place in the Road Program of DNV from the MTOP of Uruguay and its relation to the OP 9.00 from the World Bank.

Table 5 Environmental and Social Measures for the Program Action Plan.

Table 6 Global risk assessment of the Program

Table 7 Environmental and Social Support Plan for the implementation of the Program

Annexes

Annex 1 Documents and persons consulted Annex 2 Maps Annex 3 Process followed to exploit quarry sites for national road works with DNV

Annex 4 Main Uruguay Environmental, Health and Safety Legislation and Regulations

Annex 5 Decree 176/003 of the Republic of Uruguay that declares the Environmental Manual of DNV as a national environmental management instrument for road operations.

Annex 6 Main environmental measures to be included in the DNV Environmental Manual

Annex 7 Sample of DNV road rehabilitation and maintenance projects and environmental categorization according to national legislation.

Annex 8 Main process to obtain an environmental license

Annex 9 Environmental instruments used in the roads maintenance and rehabilitation operations in DNV.

Annex 10 Calculation of Compensation

Annex 11 Expropriation Process

Annex 12 Environmental potential risks detailed list

Annex 13 Summary of input from consultations

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EXECUTIVE SUMMARY This Program will support the Government of Uruguay road rehabilitation and maintenance program to be carried out by the Ministry of Transport and Public Works (MTOP) and the Corporacion Vial de Uruguay (CVU) within the Uruguay National Road Network, from 2013 until 2015. The Program includes road rehabilitation and maintenance, bridge rehabilitation and maintenance, acquisition, installation and maintenance of road safety equipment, as well as the provision of technical assistance. This document evaluates the systems and instruments currently utilized by the Program to manage environmental and social impacts and risks. Institutional and implementation arrangements Environmental management. The DNV Environmental Unit (Unidad Ambiental de Vialidad - UAV) is the main unit responsible in MTOP for the Program environmental management, both for DNV and CVU contracts; environmental management mainly includes the preparation of the environmental documentation and the analysis and follow-up of environmental supervision. UAV coordinates with DINAMA the environmental permits (when necessary) and submit the Environmental Communication when required. On-site environmental supervision is the responsibility of DNV's road engineers (Directores de obras), either from the Construction Unit or the DNV Regional Units. The Director de Obra maintains communications on a regular basis with the UAV unit. The UAV is responsible to inform DINAMA of the proposed road projects and to carry out the follow up of environmental contractors reporting. A UAV health and safety technician undertakes periodic works supervision missions and reports to the Ministry of Labor. An Environmental Manual guides the DNV Road Program environmental management. The Environmental Manual was prepared with support from the Bank for previous Bank-financed operations and it has become the official DNV environmental management guideline by the Decree 176/003 in 2003. Thus, the Environmental Manual is mandatory for all contractors and DNV road works. The Environmental Manual refers to country environmental management regulations and includes measures and procedures to prevent and reduce the impact of the DNV road works. In addition to this manual, there are several environmental instruments also in place to evaluate, monitor and supervise Program works environmental management. Social management. The Department of Topographic Surveying (Dirección Nacional de Topografía - DNTop) and the Social Unit of the DNTop are responsible for addressing the potential adverse impacts of right-of-way acquisition required by the Program activities; social management arrangements are therefore the same for DNV and CVU contracts. As a general rule, road maintenance and rehabilitation projects do not require land acquisition and very few social impacts are expected. However, some projects can require minor modifications in the road alignment (for example, to rectify curves or to make junctions safer). Any land acquisition under the Program would take place according to the provisions of the Expropriation Law (Law No. 3958 of March 28, 1912, and subsequent amendments). The DNTop is responsible for assessing losses and damages caused by expropriation and for

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determining just compensation. Funds to cover the costs of expropriations are provided by the MTOP. Role of development partners The Program will also be financed by the IADB (Inter-American Development Bank) and FONPLATA (Fondo Financiero para el Desarrollo del Cuenca del Plata – Fund for the development of the Rio del Plata basin). The Program’s environmental and social management systems that are evaluated in this ESSA will be used to address the environmental and social impacts of IADB and FONPLATA‐financed works contracts. These contracts will use similar environmental and social management tools, such as the existing Environmental Manual. IADB-financed work contracts included in the Program may be subject to additional requirements, based on the application of IADB policies, such as specific environmental or social action plans agreed between the GoU and the IADB under the IADB loan. These plans draw substantially on the procedures and requirements set at the national level and typically include measures to strengthen environmental and social supervision of DNV’s contractors, prevent and reduce environmental and social impact, and increase human resources in DNV’s Environmental Unit. FONPLATA will only require compliance with national environmental / social norms and requirements. Environmental and social impacts Environment. During preparation, it was confirmed that the Program (including road rehabilitation and maintenance works) does not include any high risk activity, in particular Category C projects. As defined in the Law 16.466 and the Decree 349/005, Category C projects are the ones likely to generate the most adverse environmental and social impact. Further, as part of this ESSA it was found that most rehabilitation and maintenance works are classified by DINAMA as low impact works (Category A, pursuant to the Uruguayan regulatory framework). Thus, the potential adverse environmental impacts of the Program are therefore assessed to be low: rehabilitation and maintenance works impacts will take place mostly within roads right of ways and camp sites are mostly located in rural areas (sometimes in urban areas). Highest impacts can occur during rehabilitation projects (months to 1-2 years) and less magnitude impacts occur during maintenance and CREMA contracts which can last several years in a particular area. In general, the main adverse environmental and social impacts of the Program are related to rehabilitation and bridges works, operation of camp sites, asphaltic plants and borrow pits, generation of some hazardous waste (used oils, air emissions), noise, dust, presence of contractors for several years in small rural communities, and health and safety issues. The positive impacts that the program activities are expected to generate include benefits to the overall economy, improvements to the transport infrastructure of the country, implementation of road safety measures, improvements to road signing and road lighting, etc.

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Social. The Program will not impact communities of Indigenous People, as no communities are identified as such in Uruguay. The activities to be financed under the Program will not require right of way acquisition, except in cases where the road alignment must be locally modified to correct curves or make other road improvements for road safety. Road maintenance and rehabilitation activities normally take place within the right of way of national roads, and do not require land acquisition or cause physical or economic displacement. On the rare occasions when they do, the social impact is limited: the acquisition normally affects narrow strips of land without dwellings or other structures. It is noteworthy that throughout the implementation of the previous Bank-supported transport project, there were no cases of physical displacement of population resulting from land acquisition, except in one sub-project. Housing and other structures are not likely to be affected by projects carried out under the Program because the modifications in the road alignment are normally minor and the owners of properties adjacent to the road are obliged to leave a setback strip of 25 meters. This means that there must be a distance of 25 meters between any building (except walls or fences) and the right of way of the road. It is noteworthy that the land adjacent to the roads that will be part of the Program tends to be legally titled and occupied. The DNV exerts effective control of existing rights of way, which are free of dwellings or other structures, except for a few roadside stalls that sell seasonal products. These stalls (approximately 80 in the entire roads network) do not affect road safety and are not likely to interfere with the rehabilitation and maintenance road activities under the Program. The previous Bank-supported project did not displace squatters or other informal or illegal occupants of land adjacent to the road. Environmental and social performance of the Program Environment. Environmental Program documentation reviewed, information collected during interviews and consultations with main stakeholders as well field visits to several project sites indicate that the Environmental Management processes in the Program are conducive to preventing and reducing environmental and social impacts of the works, and overall comply with the core principles and key elements of the OP 9.00. Main gaps identified with regards to this policy relate to: (i) lack of formal mechanism of stakeholder communication and Program information; (ii) lack of formal grievance redress mechanism; (iii) need of hazardous material legislation. These gaps will be addressed through the Program Action Plan (PAP) and the Result Framework. The Program abides by current legislation and includes effective environmental instruments to screen out subprojects, evaluate and supervise the operation, exceeding the current requirements of the EIA Law 16.466 and its Decree 349/005 (see section II). There are more than 50 laws, decrees and other regulations applicable to the environmental management of the Program; this regulatory framework provides reasonable assurance that the environment will be protected from adverse impact stemming from Program implementation. The country’s legislation requires an environmental impact assessment for projects classified as B or C; protects native forests and endangered species, establishes controls to avoid water pollution, and promotes health and safety

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at work sites, among others topics. Notwithstanding, the assessment identified two areas where regulations should improve: (i) air emissions; and (ii) management of hazardous wastes. Regarding management capacity, the UAV has qualified and motivated staff but is affected by insufficient human resources to carry out environmental management and monitoring of the works of the Program. The same civil engineers in charge of the technical and administrative supervision of the works and contracts are responsible for environmental supervision. Regarding environmental instruments, DNV's Environmental Manual (EM) is a respected reference both internally (in the MTOP) and externally (DINAMA, Ministry of Agriculture, contractors). The EM had also been accepted by the Bank in previous transport operations and environmental performance has been rated as satisfactory. Within the ESSA, the Environmental Manual has been reviewed and it is deemed to provide a relevant and satisfactory environmental management framework, based on OP 9.00 Core principles. Yet, some sections will need updating; this will be carried out through the proposed Program Action Plan. While contractors are few (less than 50 firms), there is a significant variability in environmental compliance among contractors; the measures to strengthen environmental supervision, included in the Program Action Plan, are expected to address this issue. Besides, CVU requires its contractors to be ISO 9000 and ISO 14000 certified and many of these contractors have sought this certification in order to improve their environmental management processes. This is a positive trend to improve environmental management in the Program. Social. In cases of expropriation and resettlement, the Expropriation Law provides protection to the persons affected by the expropriation process: property owners, renters with a contract, occupants with a permit, and occupants with possession rights derived from occupation of the land for more than 10 years. Most cases of expropriation are settled amicably. Few cases go to the courts and many such cases are not the result of disagreements over compensation, but are inheritance cases or cases where it has not been possible to identify the owner. In the unlikely event that a future subproject affects an informal or illegal settlement, the DNTop Social Unit would be responsible for developing relocation plans to assist displaced persons, regardless of their legal status, as it did in the case of the Montevideo ring-road (Anillo Colector Vial Perimetral de Montevideo), a project that was not financed by the Bank. This case was reviewed as part of the ESSA to evaluate the performance of the DNTop, although the situation that arose in this subproject, implemented in a suburban area, is much more complex than the cases that might have to be handled within future Program activities. In the case of the ring road, DNTop's Social Unit carried out the resettlement program effectively and the resettlement outcomes were satisfactory from the perspective of all displaced persons, including those without land rights. The DNTop has proven its capacity to implement, in an effective fashion, the provisions of the Expropriation Law in the previous transport project financed by the Bank in Uruguay and in new works that were not financed by the Bank, such as the Montevideo ring-road. In terms of expropriation and resettlement, no significant gaps were identified between the regulatory

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framework and the practice, and the OP9.00 core principles. However, two elements of the social management system could be strengthened. First, a more timely review by the DNTop of the design projects that require expropriation could provide design modifications that would avoid or minimize the adverse effects of land acquisition. Second, the methodology for calculating compensation for expropriation of land is complex and DNTop could benefit from targeted technical assistance in this regard. Environmental and social risks Environment. The main identified environmental risks are: (i) risk of works having an adverse impact on the environment, in particular protected areas; (ii) risk of inadequate environmental supervision stemming from insufficient human and financial resources in UAV; (iii) risk of contractors poor environmental performance; (iv) risk of stakeholder claims related to environmental mismanagement. The Program Action Plan and the Result Framework include actions to reduce these risks and ensure good environmental management, transparency and stakeholder communication. Social. The social risks associated to the Program are low; they stem from three areas of weaknesses identified: (i) risk, on the medium term, of institutional disruption at DNTop; (ii) risk of mismanagement of involuntary resettlement processes; and (iii) risk of unfairness in ROW acquisition compensation. These three risks are addressed through the Program Action Plan and the Result Framework. ESSA consultation A preliminary focal consultation on the draft ESSA took place on February 16, 2012; DNV staff involved in design, construction, supervision, maintenance and road safety, as well as DNV's Environmental Unit were consulted on the preliminary findings of the assessment, the strengths, risk and proposed action plan. Inputs from this consultation were included in the action plan. In addition, on June 22nd 2012, the draft ESSA was subject to a public consultation meeting, held in Montevideo. Representatives of various government agencies, local governments and civil society participated in the meeting. As part of the consultation, Bank staff provided detailed information on the PforR process, the proposed Uruguay Road Infrastructure Program of the MTOP and the key findings and recommendations of the ESSA. The participants showed support for the Program. Inputs from this consultation have been included in this version of the ESSA.

On September 13th, 2012, a local consultation was held in the city of Trinidad (Flores Departament), aiming at sharing and getting feedback from road beneficiaries, eight representatives from the local government (Intendencia de Flores), a producer association (Union Rural de Flores), police (Jefatura de Policia Trinidad), the MGAP (Ministerio de Ganaderia, Agricultura y Pesca) and a local NGO (Grupo Porongos) and three representatives from DNV participated in this workshop. Overall, the participants showed support for the Program and improvement of national roads and advocated for (i) the reinforcement of communication of DNV with local communities, productive sectors and municipalities, (ii) need to improve contractors waste management, (iii) need of training of DNV personnel in environmental management, health and safety, communications, (iv) extend environmental

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training to municipalities raod maintenance personnel, (v) prevent safety road issues during construction (signaling), (vi) reduce impacts of national roads crossing rural urban centers, among other topics.

Inputs from all consultations have been considered in the ESSA preparation and have served to draw several actions of the program action plan and measures to update the DNV Environmental Manual. A summary from the consultations is included in section 6 and Annex 13.

A draft of the ESSA was disclosed on August 27, 2012 at the Infoshop and days later in the country at the MTOP web site. The final ESSA in both English and Spanish will be disclosed before negotiations begin.

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URUGUAY ROAD REHABILITATION AND MAINTENANCE PROGRAM

Environmental and Social Systems Assessment (ESSA)

1. This document evaluates the systems currently utilized by the Road Rehabilitation and Maintenance Program (“the Program”) from the Ministry of Transport and Public Works (MTOP) of Uruguay to manage environmental and social impacts and risks. The main purpose of the evaluation is to determine the extent to which these systems are consistent with relevant core principles and attributes specified in the World Bank Policy, OP 9.00 for programs supported through the Program for Results (PforR) instrument, approved by the Bank in January 2012.

2. The assessment was prepared by the World Bank environmental and social specialists in consultation with staff from the Dirección Nacional de Vialidad (DNV) and the Dirección de Topografia (DNTop) from the Ministry of Transport and Public Works (Ministerio de Transporte y Obras Publicas, (MTOP) and about 40 other relevant stakeholders who were consulted. This assessment is based on: (i) interviews with DNV representatives from the central and regional offices, representatives of the Corporación Vial del Uruguay (CVU), officials from the country environmental agencies and other institutions related to the Program, (ii) visits to road maintenance and rehabilitation projects, (iii) consultations with relevant sector-level stakeholders; (iv) review of the country environmental and expropriation regulations, (v) desk review of relevant documentation including instruments for supervision, monitoring and evaluation, (vi) and Bank documentation on the recently closed road maintenance project in Uruguay, among others. A list of these documents and consultations with relevant sector-level stakeholders is enclosed in Annex 1.

3. The assessment has eight sections. Section 1 describes the scope of the Program and its institutional context. Sections 2 describes the Program context and potential impacts; sections 3 and 4 describe the Program environmental and social management systems respectively, as defined in laws, regulations, internal procedures, etc. Section 5 assesses the environmental and social management capacity of the implementing agencies and determines the extent to which the environmental and social management systems are consistent with the core principles and attributes specified in the OP 9.00. Section 6 specifies key measures to improve the performance of the environmental and social management systems (Inputs to the Program Action Plan). Section 7 provides an environmental and social risk rating and proposes risk mitigation measures. Finally, Section 8 describes the support the Bank will provide in environmental and social areas (Inputs to the Implementation Support Plan).

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1 PROGRAM DESCRIPTION

1.1 Program Scope

4. Supporting the Government of Uruguay road rehabilitation and maintenance program, the Program consists of the following activities, to be carried out by MTOP and CVU within the Uruguay National Road Network, from January 1st, 2013 until December 31st, 2015:

Road rehabilitation and/or maintenance works, which consists of, inter alia: (i) pavement rehabilitation; (ii) pavement resurfacing; (iii) shoulders' rehabilitation and/or surfacing; (iv) repairing and/or upgrading drainage systems; and (v) rehabilitation and maintenance of road vertical and horizontal signaling.

Bridge rehabilitation and maintenance works, which consists of, inter alia: (i) structure repairing of deck, abutments, piers and foundations; and (ii) the enhancement of bridge functional characteristics, such as increasing bridge extension, deck widening and increasing of bridge bearing capacity.

Bridge reconstruction works, which consists of the construction of a new structure and its contiguous road accesses, to replace an existing bridge on the same location or in its vicinity.

Acquisition, installation and maintenance of road safety equipment.

Provision of technical assistance to DNV, DNTop and DINAPLO, including, inter alia: (i) the carrying out of road condition surveys; (ii) the carrying out of training and capacity building activities; and (iii) the carrying out of studies required to implement the Program.

High-Risk Activities

5. During preparation, it was confirmed that the Program will not include high-risk projects based on the budget lines to be supported by this program, current EIA legislation (Article 2 of the Decree 349/2005), the environmental and social assessment prepared during preparation, consultation to DINAMA and direct field observations of a sample of projects.

6. The Program does not include new highway construction or subprojects that would be classified as Category C, under Uruguayan regulations (as defined by the Decree 349/005-Estudio de Impacto Ambiental y Autorizaciones Ambientales) and based on the “Budget Lines” that this operation will support. Category C projects are the ones likely to generate the most adverse environmental and social impacts and would correspond to Bank Category A projects, under investment lending operations. Typical category C road projects in Uruguay include: new roads (including by-passes), new bridges required for new road sections and highway duplications, among others.

7. The Program does not include works, goods and consultancy contracts above the Operations Procurement Review Committee (OPRC) thresholds. During project preparation, the

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proposed Program was not expected to finance any contract at or above prevailing OPRC thresholds, which at the time were set at USD 50 million for works, USD 30 million for goods and USD 20 million for consultants. The maximum contract amount is anticipated to be around US$15 million for road rehabilitation and maintenance works according to the Program profile.

Implementing Agencies 8. The Program will be implemented by: (i) the Road Department (DNV – Dirección Nacional de Vialidad) of the Ministry of Transport and Public Works (MTOP); and (ii) the Uruguay Road Corporation (CVU – Corporación Vial del Uruguay). DNV is responsible for the maintenance and development of Uruguay’s national highway network and will be the entity primarily involved in Program implementation (accounting for approximately 80% of the network).

9. DNV will therefore be primarily responsible for the management of most technical, fiduciary and environmental and social processes required by the Program implementation. The Environmental Unit of the DNV (UAV) will be responsible of the overall environmental supervision of the Program aiming at reducing the negative environmental and social effects of the subprojects. The Topographic Surveying Department (Dirección Nacional de Topografía –DNTop) will be responsible for land acquisition for road projects.

Role of development partners 10. Together with the Government of Uruguay and the World Bank, the IADB and FONPLATA are expected to contribute to finance the Program, focusing on road rehabilitation and maintenance on the national road network, bridge rehabilitation works, and road safety works. The IADB will also provide some institutional strengthening to MTOP.

11. The Government of Uruguay and the IADB signed a loan on March 15th, 2012, in the amount of US$80 million, to also support the Uruguay road rehabilitation and maintenance program. Roadworks will focus on the international corridors and the primary networks and will primarily consist is road rehabilitation.

12. Based on information available at appraisal, the Government of Uruguay and FONPLATA were discussing the content of a new loan (US$120 million), also aiming to support the Uruguay road rehabilitation and maintenance program on the national network. Related activities would include road and rehabilitation works, bridge rehabilitation and road safety works.

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1.2 Geographical Scope of the Program 13. The rehabilitation and maintenance Program of DNV includes about 8,780 km of Uruguay national roads of a total of about 60,000 km (the rest is a municipal network). The geographic scope of the Program is nationwide. Figure 1 indicates the distribution of the primary and secondary road system in the country. The country has a small forest cover less than 3% and only 1.7% is included as protected areas (Annex 2).

1.3 Typology of Works 14. The main activities involved in the Program include:

Reinforcing, rehabilitation /reconstruction of pavement structures, requiring the operation of asphaltic plants and borrow pits, extraction and transportation of materials and little or moderate movement of soils.

Local road alignment works (curve rectification, junction enhancement, and third lane extension) which might require conformation of embankments and road slopes, interventions on public and private land.

Road maintenance activities (CREMA contracts) which include smaller interventions to fix pot holes, bumps, shoulders, road signaling, among others.

Drainage rehabilitation or reconstruction works which might involve soil movements on embankments and slope conformations;

Bridge widening and reinforcement which might require civil works on the river channel, cleaning of vegetation, interventions on public and private land.

Right of ways vegetation works which might involve cutting or planting of trees (mostly non native species) to increase road safety or to improve road landscape.

Figure 1. National road network (primary and secondary)

in Uruguay. Source: DNV 2011.

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Road rehabilitation works will require sand, gravel and ‘tosca’ (special type of gravel) material from public or private borrow pits.

Road signaling will require repainting existing signs and/or replacement by new signs (old road signs, paint and oil containers have become important environmental liabilities at camp sites and DNV regional offices);

Treatment of fissures with bituminous materials requires preparation of mixtures according to quality standards measured at material laboratories at camp sites.

Common works of the DNV Road Program, MTOP. Uruguay.

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1.4 Main Stakeholders related to the Program 15. The main stakeholders related to Program implementation are MTOP, CVU and private contractors. Within MTOP, the DNV (Dirección Nacional de Vialidad) has several departments and units involved in planning, design, implementation and supervision of the Program works, such as: Construction, Road Conservation (Lighting, Right of Way, Vegetation Management), Studies and Projects, Road Safety, Programming, Environmental Unit (UAV), among others.

16. The DNV Environmental Unit (Unidad Ambiental de Vialidad – UAV) is the main unit responsible in MTOP for the Program environmental management, both for DNV and CVU contracts; environmental management mainly includes the preparation of the environmental documentation and the analysis and follow-up of environmental supervision. On site supervision is delegated to the works supervision engineers (Directores de Obra), supervising the road contracts either managed by DNV Construction Department or by DNV Regional Offices.

17. The Department of Topographic Surveying (Dirección Nacional de Topografía – DNTop) and the Social Unit of the DNTop are responsible for dealing with right-of-way acquisition of all types of road projects in Uruguay; social management arrangements are therefore the same for DNV and CVU contracts.

18. Program implementation also requires the intervention of several national agencies, in order to coordinate permits, communications and environmental management and health and safety, such as: (i) Ministry of Housing, Land Planning and Environment (Ministerio de Vivienda, Ordenamiento Territorial y Ambiente), National Environmental Agency (DINAMA), (ii) Ministry of Cattle, Agriculture and Fishing (Ministerio de Ganaderia, Agricultura y Pesca). Forest Department (Departamento de Bosque Nativo), (iii) Ministry of Labor and Social Security (Ministerio de Trabajo y Seguridad Social), among others

19. Other stakeholders include the country judicial system, environmental NGOs, municipal governments, local organizations, environmental consultants, among others.

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2 PROGRAM CONTEXT AND POTENTIAL IMPACTS

2.1 Environmental Context 20. Uruguay is a small country of 3.4 million inhabitants, the road system is very extensive which includes a primary, secondary and tertiary networks that extends to almost all the national territory (See maps in Annex 2). Road development is one of the activities that generate the most transformation of the environment and landscape. The main environmental and social impact associated with the national road system occurred during the constructions of this road system. Roads have important effects on natural discharge pattern and hydrology of grasslands and wetlands due to the creation of barriers which generates a "dam" effect on the ecosystems. Nowadays, DNV main challenge is to maintain the extensive road system in the country to keep the growing demand for better communication and expansion of different economic sectors.

21. Some important factors of the geographical and environmental conditions in the country are the small forest coverage, low precipitation and low altitude. The main vegetation biome in the country is grasslands plains (prairies) (85%) which are characterized by different types of scrubland vegetation of very diverse grasses species.

22. However, extensive agriculture and cattle ranching extending to about 60% of the country have affected very much these grasslands. In addition, forest cover in the country is very low (see map in Annex 2). The country has only 1.350.000 ha with forest of which only 3.7% (about 700, 000 ha) are “native forest” (montes nativos) and 4% are plantations (mostly of Eucalyptus). The native forest is mainly restricted to riparian corridors, wetlands, marshes and protected areas

23. Uruguay does not have high mountain ridges; the terrain varies from rolling plains to low plateaus and hills. The highest altitude in Uruguay is 512 meters and the country is dominated by hills and lowlands. Thus, roads are not found in high slope terrains. Soil erosion is low and mainly occurring in the coastline, southern and northwestern side (Salto, Paysandú) of the country. Some rivers in the departments such as Soriano, Treinta y Tres, Tacuarembó y Durazno flood periodically affecting roads and bridges. Mean annual precipitation is about 1200 mm.

24. The Program could include roads crossing by sensitive areas (wetlands, protected areas) but potential environmental impacts will be identified in early stages of preparation and will require the implementation of prevention and mitigation measures following DNV Environmental Manual. Also, it is important to notice that in Uruguay does not have a list of endangered tree species because all native species are protected by law. Thus, any road intervention even in the right of way that could affect native species will require a permit from the Native Forest Office of MGAP. The main threats to native vegetation is the use of wood as energy source in the rural and poor areas, expansion of cattle ranching and eucalyptus plantations, and other extractive activities. In the last decade, increase in forest coverage was due to increase on forest plantations (mainly Eucalyptus and Pinus).

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25. Other challenges related to road works are related to extraction of materials from quarries where the extraction of sand material in some areas brings subterranean waters to the surface, and (ii) works in the coastline and near wetlands (common in the country), which can affect dune and wetlands ecosystems.

2.2 Potential Environmental Impacts

26. The potential adverse environmental impacts of the Program are assessed to be low: rehabilitation and maintenance works of DNV and its contractors will take place mostly in the right of way areas and camp sites are mostly located in rural areas (sometimes also in urban). Highest impacts can occur during rehabilitation contracts (months to 1-2 years) and less magnitude impacts occur during maintenance periods and CREMA contracts which can last several years in a particular area. In both cases the presence of contractors and machinery can extend for several years in the same sector, since after the rehabilitation contract, the same company or another one can obtain a road maintenance contract. This presence can create long-term impacts due to camps sites operation and social conflicts with nearby communities.

27. Main environmental and social impacts associated win the Program activities are connected with rehabilitation works of roads and bridges, operation of camp sites, asphaltic plants and quarries, generation of some hazardous waste (used oils, air emissions), disturbance to local people due to noise, dust, presence of contractors for several years in small rural communities and health and safety issues. Among the positive impacts, these includes the great benefit to the overall economy and transport needs in the country, implementation of road safety measures as well as construction of walkways, parallel local roads, road signing, road lighting, etc.

28. It is common in the road system of Uruguay that primary and secondary roads cross urban centers (although these sections are usually the responsibility of the municipality), social impact caused in these areas includes: deterioration of municipal roads, increased traffic, road safety risks, and disruption of local social patterns.

29. The Program (involving rehabilitation and maintenance road works) does not include high risk activities that could have potential significant and irreversible adverse impacts on the environment and/or affected people. In this respect, the Program will not include any new or major expansion of large-scale infrastructure (e.g.: new bridges or international bridges, paving, duplication).

30. Based on the reviewed of environmental management plans and monthly reports of current DNV subprojects, direct observation of environmental management of recent subprojects, developed under the last Bank project (P049267), review of environmental documentation of CVU projects, the following activities and impacts have been identified to be typical of the road rehabilitation and maintenance Program:

Gridding of road surface: noise, dust, rock debris, air emissions; Drainage works: erosion, sediment runoff, affectation of water quality;

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Cutting of vegetation: mainly occurring along the right of way; but it can also affect private and municipal land.

Slopes works: erosion, sediment run off, soil compaction; Quarry- and borrow pits exploitation: erosion, dust, land use change, uplift of

subterranean waters, creation of artificial ponds, impact on wetlands and river banks; Camp site: solid waste, clear cutting of vegetation, residual waters, hazardous wastes

(cement residues draining to the drainage system, used oils from asphaltic plant, generator, trucks, etc);

Asphaltic Plant and diesel generators: particulate contaminated matter, toxic fumes, noise, and diesel plant-combusted fumes;

Management and Storage of fuel and oils in camp sites: spills on camp sites and contamination of soil and water resources;

Transport of gravel, sand, rock materials, oil and solvents: Potential accidents and spills; Final disposal of domestic and toxic waste, used oils, old tires, filters, etc.: Land use

impacts, water resources and soil; Environmental liabilities: increased contaminated land with old spoils in the area,

permanent old infrastructure wastes, road signs in camp sites, affected soil and landscape; Traffic control and public safety: traffic issues during construction can generate

accidents, and safety problems. Lack of formal grievance mechanism and communication with local affected/beneficiary

communities Social conflicts with contractors, since most of the works are carried out in rural areas

and small communities; sometimes there are issues of HIV, pregnancies. Social impact on sections of roads that cross the urban centers of the departments. Health and safety issues with contractors who do not provide the expected

accommodations and services to workers.

31. Program activities are also associated to exploitation of quarries and borrow pits. The exploitation of minerals in Uruguay is regulated by several regulations among which the Mining Code, the Law 16.466 from 19/01/1994 and the EIA Decree Nº 349/2005. Quarries exploitation requires an environmental permit “Autorización Ambiental Previa” (AAP) from DINAMA according to Article 2 of the EIA Regulation Decree (Nº 349/2005). The process to obtain this permit is described in Annex 3.

The sources of rock materials for Program works can stem from:

Public sources: DNV controls the used of designed public borrow pits “canteras públicas” which requires the presentation of an “Autorización Ambiental Previa” and EIA to DINAMA. The final step to exploit a public borrow pit is by the emission of a Presidential decree.

Commercial sources: contractors acquire materials from commercial or private queries operating with their own environmental and exploitation permits. They request the mining operation permits through DINAMIGE and DINAMA.

Own contractor sources: some contractors might own their queries and they will request their own environmental permits to DINAMA.

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32. The exploitation of quarries involved environmental and social impacts such as erosion, noise, use of explosives, soil removal, landscape changes, and water drainage patterns, among others. The process of permitting, exploitation and closure of public borrow pits requires the participation of the President, DINAMA and DNV (Environmental Unit and “Directores de Obra”). The system is somehow complex and manual and there is not yet a map indicating the location of public quarries. The Program Action Plan and the Result Framework include some actions to improve the environmental management and operation processes related to this topic.

2.3 Potential Social Impacts

33. The Program is expected to generate many benefits, such as (i) increased quality of the road national system, (ii) improved access of road users to markets and services; (iii) increased road safety, (iv) increased connectivity of rural areas with the capital city and national ports, and (v) reduction of vehicle operating costs.

34. The adverse social impacts related to the construction activities of the Program are deemed to be low. Potential adverse impacts during construction include (i) noise, dust and traffic issues, (ii) conflicts or disputes between construction workers and local communities, and (iii) increased risk of accidents and safety hazards in the sections of roads under construction/rehabilitation, particularly in urban areas.

35. The Program will not affect communities of Indigenous Peoples, as no communities are identified as such in Uruguay.

36. Impacts related to land acquisition are expected to be minor. As a general rule, the civil works to rehabilitate or maintain roads take place within existing right of ways and, therefore, do not require the acquisition of additional land or cause physical or economic displacement. However, certain contracts for road rehabilitation and maintenance occasionally include “new works” at specific locations that can require modifications in the road alignment (for example, to rectify curves or to build new bridges). These modifications can affect strips of private land adjacent to the road.

37. On the rare occasions when land acquisition would be required, the social impact is limited: the acquisition normally affects narrow strips of land without dwellings or other structures and that represent a small fraction of the total area of the property affected. During the life of the previous transport project in Uruguay financed by the Bank (Transport Infrastructure Maintenance and Rural Access Project— P057481), there were no cases of physical

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displacement of population resulting from land acquisition, except in one sub-project that affected 11 dwellings, 3 sheds and 2 structures used for commercial purposes.1

38. The modifications in the road alignment could also affect housing and other structures, but this is unlikely because such modifications are usually minor and the owners of properties adjacent to the road are obliged to leave a setback strip of 25 meters. A setback strip of 25 meters means that there must be a distance of 25 meters between any building (except walls or fences) and the right of way of the road.2 The modifications of the axis of the road also modify the setback strips, but they normally do not require removal of buildings that fall within the modified setback strip. Land use within the new setback strip, however, is restricted: the affected landowners lose the right to build within the modified setback strip or expand existing structures that invade the setback strip, but they are entitled to keep and maintain (in a habitable or functional state) the part of existing buildings that invades the modified setback strip.

39. Civil works could cause the displacement of persons or activities that illegally occupy the existing right of way; but this situation is also unlikely since the informal occupation of the rights of way of national roads in Uruguay is extremely rare. According to the DNV, there is not a single dwelling built within the rights of way of Uruguay’s national roads and there are only about 80 cases of illegal occupation of the right of way (mainly by roadside stalls selling seasonal products).3

2.4 Indirect Impacts

40. Some of the indirect impacts associated to the Program might include: (i) increased traffic in communities due to increase road use and potential increase of toxic fumes4, (ii) impacts on flora and fauna from the intensification and expansion of agricultural production in priority corridors (iii) impacts on flora and fauna due to the improvement of the road system and the expansion of plantations nationwide.

2.5 Mitigation and prevention Measures to reduce environmental impact 41. The DNV Environmental Manual includes appropriate measures to prevent, reduce and mitigate impacts during constructions of new roads or maintenance works such the type of investments that the Bank will support with this operation. Also, the bidding documents include Environmental Specifications for contractors to comply during the contract periods. Some of these measures are listed below.

1 Subproject Ruta 1, Segment Ruta 2 - A. Minuano, which involved the construction of a new lane. An Abbreviated Resettlement Plan was prepared for this subproject. 2 Art. 1, Law 14.197 of May 13, 1974 (Modification of Easements in Rural Areas). 3 Interview with Susanna Galli, Director, Unidad Ambiental Vialidad, MTOP 4 Lead contamination has received a lot of attention in the country and it seems it has been reduced in the last years. http://www.mdpi.com/1660-4601/7/5/1963/pdf

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Avoid impacts on protected areas, fragile ecosystems and native vegetation. Prevent cutting of native forest species and if it is necessary DNV will need to obtain the

required permits. Select appropriate sites to place camp sites and asphalt plants avoiding places near towns,

and schools to reduce negative effects due to noise, air emissions. Use of sediment control measures to reduce pollution of water bodies; Reduce soil disturbances and if needed protect the organic soil layer for restoration works. Ensure occupational Health and safety measures to ensure workers safety (personal

protection equipment, designation of an internal coordinator to supervise internal health and safety measures, provision of potable water and sanitation facilities, definition of an emergency plans).

Make appropriate waste management rules to handle domestic and hazardous wastes (oil wastes from camp sites).

Avoid construction works at night time and if necessary place road signaling and light Apply water to reduce dust. Place staff to control road traffic and install traffic and prevention signs along the road. Application of the Construction Environmental fee “rubro ambiental” which is small

percentage of the total cost of the contract that is paid depending of contractors’ environmental performance.

Application of fees due to no- compliance with environmental issues in the bidding documents.

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3 ENVIRONMENTAL MANAGEMENT SYSTEM

42. The environmental management system described below applies to all works activities included in the Program; in particular, Government-financed contracts and activities, World Bank-financed contracts and activities, IADB-financed contracts and FONPLATA-financed contracts will be subject to these environmental management systems and processes. Notwithstanding, minor particular arrangements to these systems have been defined with IADB-financed contracts (see below).

3.1 Institutional Responsibilities

Ministry of Transport and Public Works (MTOP)

43. The Program is set in the transport sector and MTOP is responsible of the overall implementation of the interventions. MTOP is formed by six Departments; one of these is the Road Department (DNV) which is formed by several Units that coordinate the contract, administration and implementation of the maintenance works and also the environmental supervision of the works.

The Road Maintenance Unit (Gerencia de Mantenimiento): Defines roads to be intervened, available budget and priority works. It is in charge of maintenance contracts for results named “Control de Obras de Mantenimiento y CREMAs. Manages the concession with CVU.

Project Design Unit-Departamento de Carreteras and Departamento de Estructuras: These two departments prepare the designs of the required works in the selected roads to repair according to DNV road’s maintenance program. They also prepare the technical requirements of the bidding documents

The Environmental Unit (Unidad Ambiental de Vialidad – UAV): It is formed by a team of four professionals in the area of civil and road engineering (2), health and safety (1) and land surveying (1). Each member is assigned different time periods to the Unit (mostly 25%). Only one person works full time in the Unit and primarily supervises the compliance of contractors with Health and Safety issues. The Unit is responsible to coordinate all environmental documentation and communication with DINAMA.

Construction Unit (División Construcciones - Departamento de Obras): The Unit has seven engineers who are responsible to direct road construction and maintenance works in the country. These engineers are assigned to work in the 10 DNV regional offices. They are also responsible to supervise the environmental compliance of contractors with DNV environmental manual and environmental permits given by DINAMA, MGAP or other agencies. Also the Unit is responsible to manage the ‘public quarries” permits to allow extraction of materials (sand, gravel, etc) for the public roads contracts.

Road Safety Unit: This Unit is responsible of defining the signaling and lighting required for the roads according to standards of DNV. They also prepare traffic studies. Within this department there is the Unit Green Areas Management and Control of Right

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of Way area which is responsible to request forestry permits when is needed to affect “Native Forests”.

Corporación Vial de Uruguay (CVU)

44. CVU was created in 2002 as a subsidiary of the National Development Corporation (CND – Corporación Nacional de Desarollo); CVU is a State-owned entity, and acts as public road concessionaire for approximately 1,600 km of Uruguay’s road network. CVU, as a subsidiary of CND, is linked to the MTOP through (i) a concession agreement, making CVU responsible for managing part of Uruguay’s primary road network, including highway maintenance, rehabilitation and, as needed, development; and (ii) a technical assistance agreement, through which DNV provides technical and administrative support to CVU. CVU collects road tolls and benefits from a yearly budget allocation from DNV to carry out the agreed road works. With DNV’s technical support, CVU contracts out to private firms the road works to be undertaken under the Program.

Private contractors

45. There are about 30 contractors in the country which participated in the bidding of DNV and CVU works. Most of the contractors are national companies. Many of these contractors are being requested by CVU to comply with ISO 9000 and 14001 standards. This year (2012), CVU will also request all contractors, to comply with the ISO 18000.

National Institutions

46. The Program is connected to other sectors and institutions as follows:

a. Environment:

i) The Ministry of Housing, Planning and Environment (Ministerio de Vivienda, Ordenamiento Territorial y Medio Ambiente -MVOTMA).

National Environmental Authority (DINAMA): DINAMA is responsible for all matters related to environmental management and control in Uruguay, including categorization and the issuance of environmental permits to development projects. For instance, DINAMA is also responsible for enforcing environmental legislation such as solid waste and hazardous wastes management, noise standards, etc.

- Department of Environmental Impact Assessment: In charge of implementing the Environmental Impact Assessment Law (No.16.466) and its decree (No. 349/005). Constructions of new roads, exploitation of quarries and transmission lines require the presentation of an Environmental Impact Assessment (EIA).

- Department of Protected Areas: National Authority for the management and creation of protected areas.

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- Biodiversity Department: in charge of the protection of the country biodiversity, compliance with the International Biodiversity Convention and the conservation of natural and critical habitats.

- Department: of Pollution control: In charge of controlling pollution to land, air and water. It focuses on industry and agriculture sectors. Due to limitations does not supervise the transport sector.

ii) Ministry of Livestock, Agriculture, and Fishing (MGAP):

Native Forest Department. National Authority in the conservation of forest land and native vegetation (such as lowland grasslands, riparian forests, coastal dunes vegetation).

b. Cultural Resources: In regard to the historical and archaeological heritage, the responsible authority is the Comisión Nacional de Patrimonio Histórico (CNPH) within the Ministry of Education and Culture.

c. Health and Safety: Governmental regulations on occupational health and safety are the responsibility of the Ministry of Labor and Social Security (MTSS) which defines labor, hygiene, and safety standards.

d. Quarry Operations: The authorization for private new quarries is the responsibility of the Ministry of Industry, Energy and Mining (DINAMIGE) and DINAMA is responsible for the environmental permit. The authorization of public quarries “canteras publicas” to be used only for public roads is the responsibility of the President, MTOP and DINAMA.

e. Local permits: Municipal Governments. Intendencias Municipales issues permits to locate camp sites, place borrow pits materials, connections to water and electricity services and disposal of wastes and contaminated water, etc.

3.2 Regulatory Framework

47. The Uruguayan regulatory framework applicable to the environmental management of the DNV Road Program is very extensive including more than 50 laws and decrees in different sectors such as: (i) environmental impact assessment, (ii) protected areas, (iii) conservation of the environment, (iv) health and safety, (v) waste management, (vi) road safety, (vii) conservation of cultural resources, among others. Table 2 shows some of the most relevant regulations (see Annex 4 for more detailed on the country regulations). In relation to environmental impact regulations, the most important instruments for the DNV Road Program are: the Law 16.466 and the Decrees 349/005 and 176/003.

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Decree 349/005

48. According to the Articles 6 and 7 of the Law 16.466 and its Decree 349/005 (before Decree 435/94 from 1994), only projects that include: (i) new roads and bridges, (ii) realignment and expansions of roads, and the (iii) exploitation of borrow pits will require the request of “Autorización Ambiental Previa” (AAP) and therefore the preparation of an EIA and EMP. Thus, according to this law rehabilitation or maintenance works in Uruguay are not required to present an AAP, implement an EMP or to follow any procedure to reduce environmental or social impact.

Decree 176/003

49. Environmental Manual (EM). This decree from 2003 declares the DNV Environmental Manual (EM) as the official environmental instrument to be used in the environmental management of all DNV operations (Annex 5). The EM was approved by the Bank in 1998 as the DNV environmental instrument in road rehabilitation and maintenance works financed under different operations. The EM was later updated in 2005 with the Project “Transport Infrastructure Maintenance and Rural Access” (P049267). Therefore, the environmental requirements embedded in the EM are also applicable to the proposed investments under this lending; although, the EM will need to be updated to include measures applicable to this new operation.

50. The EM is mandatory for all contractors and DNV road works. The EM is a respected instrument internally in the MTOP and externally by DINAMA, MGAP and by contractors. The EM describes the applicable legal framework, includes measures for the different potential environmental and social impacts, defines the institutional responsibilities for DNV supervisors and contractors in the preparation of environmental management plans (EMP), evaluation, supervision, monitoring, and consultation. All these procedures are not requested by the EIA legislation or DINAMA, but were developed within MTOP to improve environmental management of its road works.

51. While the EM needs updating on some topics (see Annex 6), in general the DNV Environmental Manual includes appropriate measures to prevent, reduce and mitigate impacts during constructions of new roads or maintenance works such the type of investments that the Bank will support with this operation. Some of these measures include:

Avoid impacts on protected areas, fragile ecosystems and native vegetation. Prevent cutting of native forest and if it is necessary DNV will need to obtain the required

permits; Environmental considerations for selection of camp sites and asphalt plants, such as

avoid placement near towns, schools to reduce effects due to noise, air emissions. Sediment control measures to reduce pollution of water bodies; protection of organic soil

layer for restoration works; Occupational Health and safety rules to ensure workers safety (personal protection

equipment, designation of an internal coordinator to supervise internal health and safety measures, provision of safe water and sanitation facilities, emergency plans).

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Waste management rules to handle domestic and hazardous wastes (oil wastes from camp sites);

Avoid construction works at night time; Application of water to reduce dust; Installation of traffic and prevention signs along the road; Application of several environmental instruments to reduce and prevent impact such as

an Environmental fee “rubro ambiental” which is small percentage of the total cost of the contract that is paid according to contractors’ environmental reporting.

Application of fees in the bidding documents.

52. The DNV Environmental Unit is responsible to follow up the compliance of the program operations with the national regulations and the EM. Some gaps identified in the regulatory framework are related to (i) lack of standards for air emission, and (ii) management and disposal of hazardous waste, (iii) requirement of DINAMA to consult with the National Protected Areas systems department, (iv) EIA might not be required if maintenance or rehabilitation works crossed a protected area. For these gaps measures are recommended in the Action Plan.

Table 2. Main regulations applicable to the operation of the DNV Program.

Regulation Description Responsible Institution

Program compliance

National Constitution. 2004 Art. 47

Protecting the environment is of national interest. Citizens should refrain from any act that causes degradation, destruction or serious environmental pollution.

Congress DNV Road Program contains instruments, staff, and arrangements with contractors and different supervision procedures to avoid degradation of the environment.

-Law 16.466. Environmental Impact Assessment. -Decree 349/005. Reglamento de Evaluación de Impacto Ambiental y Autorizaciones Ambientales.

Main Uruguayan legislation aims to protect the environment from development activities.

-Ministry of Housing Land Planning and Environment (MVTOMA) -DINAMA

DNV Program complies with regulations which exceed national environmental requirements for maintenance and rehabilitation road works

- Decree 176/003

DNV Environmental Manual adopted by decree since 2003

The manual is applicable to all DNV roads works

The Manual includes environmental instruments to be used in the DNV and describes country environmental impact regulations.

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- Law No. 17283. General Law for the Protection of the Environment. 2000

Indicates that all citizens haves the right of healthy environment. It is national interest the conservation of environment, air quality, water, soil and landscape, and also the prevention, elimination, mitigation and compensation for negative environmental impacts.

-Ministry of Housing Land Planning and Environment -DINAMA

The DNV Road Program complies with the legislation and by implementing different environmental instruments and procedures which seeks conservation of the environment and prevention and mitigation of negative effects that roads maintenance and rehabilitation operation can cause on the environment.

-Ley Nº 17.234. Protected Areas -Decree No.52. regulations of the Law 16.466.

Declaration of interest of the creation and management of a National System of Protected Natural Areas as a tool for implementation of environmental policies and management plans for the national protection of biodiversity.

Ministry of Housing Land Planning and Environment -DINAMA

DNV Road Program informs DINAMA in case a road work is planned to cross a protected area. Majority of works will be performed in the right of way.

- Law No15.939. Law Forest protection

Defines the importance of the conservation of native forest and the promotion of forest plantations and reforestation. All national forests belongs to the state except the trees found in public areas such as in the right of way in which case , MTOP and the municipalities are responsible of their management.

Ministry of Cattle, Agriculture and Fishing (MGAP) Native Forest Department

DNV Road Program has a person in charge of supervising the tree management in the right of way. Also this department request forest permit to the MGAP in case a native forest species is needed to cut.

-Law No.15.965. Health and Safety

Adoption of international conventions on safety, hygiene and health at work (OIT 148, 155 and 161)

Ministry of Work and Social Security

DNV Road Program complies with the country regulations for their own workers and supervises compliance of contractors. DNV “Directores de obra” indicated that sometimes contractors fall to comply with regulations.

3.2.1 Main activities of the environmental system Environmental Classification 53. According to the Decree 349/005, projects have three possible environmental categories:

Category A: projects with low impact. Developers are only required to send a Communication (summary of the technical, environmental and social characteristics of the project) to DINAMA.

Category B: project with moderate potential environmental and social impacts. Developers shall request the “Autorización Ambiental Previa” (AAP) or environmental permit by presenting a project “Communication” and a Sectorial EIA which is a shorter version of a full EIA.

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Category C: projects are considered to cause significant environmental and social effects and the proponents shall request the AAP present a full EIA, made available a summary of the EIA to different stakeholders and perform a public consultation of the project.

Environmental category of DNV projects 54. Based on the review of the environmental documentation for several subprojects of rehabilitation and maintenance works from 2010-2012 from DNV, most works were classified by DINAMA as low impact works or category A (Annex 7), following classification of the Decree 349/005. As such, according the EIA legislation, DINAMA does not supervise the implementation of Category A projects nor does these projects require any environmental procedure/instrument to reduce the environmental or social impact. The DINAMA resolution of Category A projects from DNV refers simply to the application and compliance with DNV’s Environmental Manual. DNV currently applies voluntarily in its operations different environmental instruments (that are above the current requirements for Category A projects) to contractors to prevent, reduce and mitigate impacts, such as EMPs, an environmental recovery fees, supervision checklist, environmental reports, among others.

55. If the DNV or CVU project implies the construction of a new bridge or section of a new road, it will probably be classified as a B or C project and then an EIA will be required to be presented to DINAMA (Annex 8). Projects B and C also require that the proponent organizes a public consultation. An environmental summary of the EIA or “Puesta de Manifiesto” is made available for consultation. Depending of results of consultation, DINAMA issues the final resolution granting the “Autorización Ambiental Previa” or environmental license.

Permits 56. Environmental Permits: The main process needed to follow to obtain the environmental permits from DINAMA and the key steps are described in Annex 8.

57. Other permits: For Program activities it might be also necessary to obtain other permits such as:

Tree cutting permit in the right of way if native species are present, issued by the Department of Native Forest from MAGP.

Mineral extraction from public quarries which are issued by the same DNV (Departmento de Contratacion de Obras Nacionales ), the DINAMA and a presidential decree,

Municipal permits to place camp sites and asphaltic plants, connect to water and energy sources, arrange for waste disposal and recollection, among others.

Bidding Documents 58. DNV has a standard text (Especifiaciones Ambientales Generales) as bidding document which includes very good environmental and social clauses among these:

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Contractors are requested to comply with country environmental, social and health and safety legislation

Contractors shall comply with the Environmental Clauses included in the DNV Environmental Manual

Contractors shall comply with the Environmental Recovery Fee “Rubro Ambiental” which cannot be less than 3% of the total contract. This fee will be paid to the contractor in two parts: first 50% during project execution (monthly payments) depending of compliance with the Environmental Manual and 50% when the works are accepted by DNV and closure if given.

If Contractors have non- compliance environmental issues a fee of $300 per day can be applied. The fee for non-compliant road works is $100 per day.

59. CVU bidding documents also request the same items as above and in addition:

Emergency training program; Environmental reports every six months; Performance of environmental audits; Communication plan; Compliance with DNV Environmental Manual and the CVU Manual of Integrated

Management Systems. Supervision 60. Environmental Supervision: The Environmental Unit in DNV, denominated “Unidad Ambiental de Vialidad” (UAV) is the main unit responsible in MTOP in the preparation of environmental documentation, analysis and follow-up of environmental supervision. The field Environmental supervision of the road maintenance works is under the responsibility of seven engineers “Directores de Obras” from the Construction Department of DNV. Also, UAV must coordinate when applicable with several institutions to request permits and coordinate the environmental management of the program activities, among these are: DINAMA, Ministry of Livestock, Agriculture and Fishing, Social Security Ministry, Municipalities and contractors.

61. The UAV is also responsible for the follow-up of environmental supervision of CVU’s road rehabilitation and maintenance contracts. Although, CVU has its own staff (two quality professionals and a lawyer) and independent consultants (auditors) who performs periodical supervision of their works.

62. Environmental management instruments: The following environmental instruments are mandatory for contractors, DNV construction units and CVU (they have additional measures) to ensure environmental management of the DNV road maintenance program (see Annex 9 for detailed environmental instruments currently in place at the Program):

Environmental Manual (Manual Ambiental): the official environmental management instrument of DNV, contains procedures and mitigation measures for the different types of activities involved in road construction, rehabilitation and maintenance.

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Environmental clauses in bidding documents. DNV has a set of standard environmental clauses (Especifiaciones Ambientales Generales) that includes in the bidding documents which are mandatory to contractors.

Environmental Management Plan: EMPs are prepared by contractors (also those of CVU works) following instructions of the Environmental manual and provisions indicated by DINAMA, if given any.

Enviromental Fee “Rubro Ambiental”: DNV defines a percentage of the total cost of the works as an environmental fee. The fee is divided in two parts; one part is pay against contractor’s monthly compliance of environmental measures and the second part against the environmental management of the closure of works.

Supervision Checklists “Listas de Chequeo”: these checklists were prepared to help engineers in charge of the supervision of the civil works, to also do the environmental supervision of these works. There are three types of checklists (EMP, environmental report, restoration plan).

Quartely Reports “Informes trimestrales”: contractors reports to the Engineer Supervisor about its overall environmental management (management of waste, maintenance of machinery, oil waste produced, and health and safety issues, among others).

Proposal for Environmental Closure (PEC), “Plan de Restauración Ambiental para el cierre”: contractors must prepare a proposal for the final actions to recover the area, eliminate and transport waste and the overall cleaning of the camp site.

Environmental closure report “Informe final de Cierre”: the “Director de Obra” prepares a report about the final conditions of the camp site.

Health and Safety monitoring reports: UAV has an expert on occupational health and safety and performs supervision visits to the projects and fills out checklists. Reports are prepared of issues of contractor with the compliance to the national legislation or the EM.

Public participation, disclosure and grievance mechanisms 63. Information disclosure, consultation and participation. The UAV or DNV does not have a website to report and publish environmental information about the development of rehabilitation and maintenance works of roads, or other type of media. The MTOP produces a monthly report 5. DNV only discloses information on road maintenance and rehabilitation works when the proposed works haves been classified by DINAMA as B or C, and a summary of the EIA (“Puesta de manifiesto”) is made public for consultation. The EM does not have procedures to follow for a consultation or for implementing a communication plan (some recommendations to improve this aspect are included in the proposed Action Plan for this operation). During

5 A monthly report “Boletin Informativo” informs civil society about some of the main works of MTOP in the country: http://www.mtop.gub.uy/gxpsites/hgxpp001?1,1,178,O,S,0,,

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consultations, it was found the need to increase communication of DNV works with beneficiaries and potential affected stakeholders.

64. Grievance Mechanism. There is not an official procedure or public mechanism available for stakeholders to formalize a claim to MTOP. However, claims can reach DNV by different informal forms: fax, telephone calls, and communications by the “Director de Obras”. The web site of DNV does not have a link to formally send a claim to DNV or to the Environmental Unit. The contractor project signs on the road do not indicate either an official way to contact them or DNV (email, phone number, fax, etc). There is not either a formal mechanism to resolve and register the claims and do the follow up with the claimer.

CVU has more formal channel to communicate with the stakeholders, for instance includes audits and EIA reports and a contact link in the web site6 and requires contractors to prepare a communication plan. The proposed PAP includes new procedures to improve Program communication and to establish a formal grievance mechanism.

65. Access to information. Recently stakeholders and NGOs have faced difficulties in placing claims7 and accessing project and environmental information from public institutions such as DNV.8 One judge ordered DNV to provide the environmental information to a stakeholders who have requested it about a particular project, but DNV denies the information indicating that is classified as ‘commercial’ so it can choose do not make it public, based in the Law 17.555 (Ley de Reactivación Económica e Inversiones). The PAP includes activities that will require DNV to improve access of information, respond more actively to claims and increase participation of beneficiaries.

6 CVU web site: http://www.cvu.com.uy/ 7 http://www.elacontecer.com.uy/15425-quien-nos-protege-en-las-rutas-nacionales-el-derrotero-de-una-denuncia-luego-de-un-accidente-en-r.html 8 http://www.sociedaduruguaya.org/2012/03/movus-celebro-decision-judicial-que-amparo-acceso-a-la-informacion-que-ordena-a-presidencia-y-mtop-sobre-proyecto-de-aratiri.html

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Summary of the Environmental management process in the DNV Road Program.

66. Table 3 describes the main environmental tasks and responsibilities, among the different departments and units involved in the Road Program execution and environmental management at DNV.

Table 3. Main processes involved in the implementation and environmental management of

projects of the DNV Road Program. Process Tasks Timing and

Phase Responsible Parties

Planning and design

- Road maintenance or rehabilitation designs plans are prepared

- Bidding documents are prepared and environmental clauses are included which compromised contractors to follow the DNV Environmental Manual

Annual - Maintenance Department - Studies and Project

Design Department - Construction Department - Environmental Unit

Preparation - Preparation of short summary of the project (“Comunicación”) for the National Environmental Agency (DINAMA)

- Environmental classification of subproject according to national categories (A,B,C) and regulations

- Permits are request to particular agencies (cutting of trees, quarry material, municipalities, etc).

As necessary - Environmental Unit - Maintenance Department - Construction Department

Decision process

- Review of environmental documents by national authorities

- Permits are granted

As necessary - Ministry of Housing, Land planning and Environment (MGAP)- DINAMA

- Ministry of Cattle, Agriculture and Fishing (Forest Division)

- Construction Department (quarries permits)

Bidding documents and selection of contractors

- Bidding documents are finalized, bids requested and bidding is opened.

- Contractors selected - Signed of contracts

As necessary - DNV

Contractor’s Preparation

- Survey Agreement of the initial conditions in the site (Acta de Inicio de Obra)

- Contractor prepares a proposal of Environmental Management Plan (EMP) and Health and Safety plan

- UAV agrees on the EMP

Implementation - DNV - Contractors

Execution

- Implementation of EMPs, DNV Environmental Manual clauses, Bidding environmental clauses,

Implementation - DNV - Contractors

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supervision check lists, compliance with Environmental Recovery Fee.

Reporting - Contractors must deliver every 3 months a report explaining environmental performance.

implementation - Contractors - DNV

Control/ Monitoring

- Verification of the application of mitigation measures by DNV engineers using supervision checklists

- Personnel Health and Safety of UAV do supervision visits when possible

Implementation - Directores de Obra - DNV Environmental Unit

Closure - Contractors must present a proposal for the final clean up and restoration of the site

- DNV approves proposal

Implementation - Contractors - Directores de Obra

Evaluation - Contractors must prepared a final report indicating final results

- El Director de Obra will approve the report and the payment of the last portion of the Environmental fee

Implementation - Contractors - Directores de Obra

Environmental Audits

- CVU consultants performed periodically audits to road contracts of DNV

- Reports are sent to the DNV Environmental Unit

Semester /Annual

- CVU - Consultants - DNV Environmental Unit

Uruguay Road Corporation (CVU)

67. CVU concession includes about 50% of primary road system. Currently there are about 10 contracts under execution which includes rehabilitation, maintenance, lighting and other types of constructions.9 Since 2011, CVU has established quality and environmental policies to its operations. 10 In also created its own environmental unit to implement an integrated quality and environmental program (Sistema de Gestión Integrada).

68. It also created its own environmental manual which includes all requisite of the DNV Environmental Manual and in addition other requirements for the CVU Integrated Management System and ISO standards. Since 2011, CVU imposes its contractors to obtain certification for the ISO 9001 and ISO 14001. As part of the certification contractors have had to improve their environmental management and to hire supervisors to ensure the compliance with ISO standards. For instance, contractors has provided training to staff to improve work safety, waste management, recycling, and establish a better environmental management of the camp sites.

69. The bidding documents of CVU contracts also include environmental clauses, the ‘rubro ambiental”, penalties and sanctions for non compliance of environmental responsibilities, etc. In addition, CVU contracts a firm to perform periodic audits to all its contractors (which include environmental quality of several parameters). Audits reports are sent to the UAV and are posted

9 CVU web site: http://www.cvu.com.uy 10 Web site-CVU- integrated system of quality and environmental management: http://www.cvu.com.uy/#/CVU/SGI

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on CVU web site11. All CVU efforts to improve quality and environmental management by contractors, it has also benefit DNV, since the majority of contractors of CVU are also of DNV.

3.3 Environmental management specificities related to Program financiers

70. As stated earlier, beyond the Government of Uruguay own revenues and the proposed World Bank loan, the IADB and FONPLATA will to contribute financially to the Program. Both FONPLATA and the IADB-financed contracts will be subject to the above-described environmental management framework in its entirety.

71. Notwithstanding and complementing this framework, the IADB has developed, within its loan preparation and safeguards policies, an Environmental and social management report (Informe de gestion ambiental y social – IGAS). This IGAS (i) describes the activities to be financed by the loan; (ii) describes the environmental and social framework applicable to these activities; (iii) describes possible socio and environmental impacts of these activities; and (iv) defines an environmental and social management plan applicable to these activities.

72. The IGAS, in particular the environmental and management plan included in it, basically sets the Uruguay environmental management procedures as applicable to the IADB-financed contracts; the IGAS explicitly refers to the Environmental manual as the norm for the roadworks environmental management, and to the DNV environmental team to have it implemented. Beyond the requirements of national processes, the IGAS requires DNV, for all the IADB-financed contracts, to: (i) maintain database to record le main activities and documents linked to the environmental/social management of works (Sistema de Registros Ambientales y Sociales – SIRAS); (ii) issue, on a monthly basis, environmental and social conformity reports, certifying the adequacy of E/S management for related works. Finally, the IGAS recommends some measures aiming at a better acceptability of the roadworks, including: (i) promoting female employment for the roadworks, (ii) factoring in disaster risk management in the roadworks design and (iii) carrying out road safety audits, especially in urban areas.

73. These measures have been reviewed and these are consistent with the principles of the OP 9.00. As detailed above, agreed measures in the IGAS seek to increase the environmental and social supervision of DNV’s contractors, prevent and reduce impact, increase human resources of the DNV Environmental Unit, and increase on-site supervision of works by environmental and social specialists. As a result, the IADB environmental plan is complementary to the proposed Program Action Plan for this operation and DNV Environmental Unit will benefit from institutional strengthening from aligned both the IADB and the World Bank.

11 http://www.cvu.com.uy/#/CVU/Gestion_Ambiental

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3.4 Program Capacity in the Environmental Management - Performance Assessment

74. Regulatory Framework: In Uruguay there are more than 50 laws and decrees and other regulations applicable to the environmental management of the Program; this regulatory framework provides reasonable assurance that the environment will be protected from negative impact stemming from Program implementation. For instance, the country has legislation that requires environmental impact assessment, protects the native forest y endangered species, controls water pollution, and enforces health and safety at work sites, among others. Two areas identified where regulations are needed are: (i) air emissions; and (ii) management of hazardous wastes.

75. Additionally, DNV environmental procedures and efforts to prevent and reduce impact exceed the environmental requirements of the Law 16.466 and its Decree 349/005, for the type of works (road maintenance and rehabilitation) which will be supported under this operation. These conclusions are based on the review of the most relevant legislation, field observation of program operations and consultations with the National Environmental Authorities.

76. Environmental instruments: The Program has adequate environmental instruments to prevent impacts (environmental restoration fee, reporting), evaluate and supervise the operation (See Section 2). The DNV Environmental Manual is respected internally in the MTOP and externally by DINAMA, the Ministry of Agriculture and contractors.

77. Staffing: UAV is designated as a Technical Assistance Unit to the DNV Director. In June 2011, the UAV was formed by a team of four professionals in the area of civil and road engineering, health and safety and land surveying. It does not have environmental professionals. Each member is assigned different time periods to the Unit (mostly 25-50%). The Coordinator is allowed to work only 1/4 of her time. The second person in charge work s part time with the environmental matters. They both hold other responsibilities within DNV. Only one person works full time in the Unit and primarily supervises the compliance of contractors with Health and Safety issues. The current staffing limitations on environmental and engineering staff at DNV constitute a risk in meeting the current requirements of the Program and probably those of future investments. Despite these issues, there is motivation among staff, commitment and interest in improving DNV’s environmental practice. The field supervision is delegated to a group of seven engineers (Directores de Obra) who many times delegates environmental and the contract supervision to local assistants.

78. Institutional scope: MTOP is facing an important loss of its professional staff every month. According to staff consulted during this evaluation, staff leaves due to low salaries and low opportunities to grow. The current staff situation in DNV is critical and could negative affect the supervision of the overall works and any possibility to expand environmental management.

79. Training: The members of the UAV have not received any recent training by the World Bank of safeguards training for several years. Either during the previous project operation (PO57481, Transport Infrastructure Maintenance and Rural Access). According to the UAV, the last time an environmental specialist join a mission from the past project was more than two years ago. Only on few occasions some members have been supported to assist to international

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training. The members of the UAV have limited time to provide training, except the expert of Health and Safety who has an annual training plan for the DNV regional offices. As part of the proposed Action Plan several capacity building activities are included to strengthen the environmental capacity of the UAV.

80. Supervision: At DNV- environmental supervision and monitoring is in the hands of civil or road engineers. These engineers are part of the Construction Department and their role is to supervise Contractors. They have a checklist to guide them in the environmental and social supervision of the contracts but limitations and knowledge on environmental science is present. As detailed in the proposed Program Action Plan, measures are proposed to strengthen works in the environmental supervision.

At CVU- the concessionary has an environmental unit form by two professionals who are specialists in ISO standards. Many times the same DNV engineers will work in the supervision of a CVU contract. Audits by independent consultants are performed on CVU works (every 6 months o 1 year).

81. Grievance Mechanisms: Lack of formal grievance and communication mechanisms in place has led to claims by stakeholders reached DNV in different informal forms (phone calls, emails) and legal demands.

82. Coordination within DNV: the UAV coordinates very closely with the Construction department and the DNV regional offices (10). However, the engineers in charge of the environmental supervision do not report directly to the UAV since this unit is not part of the Construction Department. Internal meetings among the engineers are performed in DNV every week. But some internal an extensive paper cycles must be completed so reports can reach the UAV. In the proposed action plan, some measures will be included to increase effectiveness in the environmental coordination and increase digital reporting and communication. These action will be especially important in order to incorporate environmental practices and measures included in the EM in the operation and works performed by DNV regional offices’ and to extend environmental training to them.

83. Coordination with outside DNV: the UAV coordinates with DINAMA the communications of the project and AAP when applicable. The Unit of Right of Way coordinates with the Department of Native Forest for permits are needed to cut native species. The Construction Department coordinates with DINAMIGE the quarries notification of the national public exploitation.

84. Budgeting: The UAV has a limited budget since it is considered only a technical assistance unit to the Directorate of the DNV. The average budget from the UAV is around $2500 per month ($30,000 per year) including salaries. The UAV lacks field equipment and own transportation within MTOP.

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3.5 Relevance with the Principles of OP 9.00 85. This section presents the assessment of the extent to which the applicable environmental and social systems are consistent with the core principles and attributes of PforR. According to the Guidelines of PforR, it is necessary to provide a candid assessment if the Program system is inconsistent with the core principles and attributes of OP 9.00 and to provide an assessment of the significance of these gaps. It is also necessary to indicate the willingness of the MTOP to undertake the necessary measures (Program Action Plan) to improve environmental and social system performance in key areas.

86. Relevance of the Uruguay road program system and exclusion criteria for PforR support. The PforR type of lending excludes the support of projects with significant and irreversible impacts (equivalent Category A projects under Bank investment lending operations). The DNV Program does not involve investments in new or major expansion of large-scale infrastructure or other investment activities that would normally be considered environmental risk Category A under conventional investment lending criteria (Category B and C under Uruguay regulations).

87. The Program system and its relation to the PforR core principles and key elements (attributes). DNV and CVU have in general good environmental management practices and the country appropriate environmental regulations. The Program system is consistent with the core principles and key elements (attributes) of OP9.00. Although, during this evaluation some gaps with the OP 9.00 have been identified and these will be addressed through the implementation of an action plan to reduce risks, mitigate impacts and increase environmental sustainability of the program, increase communication with stakeholders (see details on Section 5 and 6).

88. Significance of Gaps. This assessment concludes that these gaps do not pose a risk to the achievement of Program results, provided the client commits to the implementation of the agreed Program Action Plan (PAP).

89. Borrower willingness to implement measures to improve systems performance. Further discussions about the PAP have revealed MTOP’s commitment in implementing recommendations and improve environmental performance. The budget of the Program Action Plan will be disbursed through the DNV normal budget.

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4 SOCIAL MANAGEMENT SYSTEM 90. As a general rule, the civil works to rehabilitate or maintain roads take place within existing right of ways and, therefore, do not require the acquisition of additional land. However, certain contracts for road rehabilitation and maintenance occasionally include “new works” at specific locations that can require modifications in the road alignment (for example, to rectify curves or to build new bridges). These modifications can affect strips of private land adjacent to the road.



93. The social management system described below applies to all works activities included in the Program; in particular, Government-financed contracts and activities, World Bank-financed contracts and activities, IADB-financed contracts and FONPLATA-financed contracts will be subject to these social management systems and processes. Notwithstanding, minor particular arrangements to these systems have been defined with IADB-financed contracts (see below).

4.1 Institutional responsibilities 94. The Department of Topographic Surveying (Dirección Nacional de Topografía--DNTop) is responsible for right-of-way acquisition and defines the compensation to be paid to persons affected by the expropriation process, as well as other measures to mitigate its impacts. DNTop bears these responsibilities for projects involving road maintenance and rehabilitation as well as new construction (obras nuevas), which are more likely to have significant social impacts.

12 Art. 1, Law 14.197 of May 13, 1974 (Modification of Easements in Rural Areas). 13 Interview with Susanna Galli, Director, Unidad Ambiental Vialidad, MTOP

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95. The DNTop currently has six full-time senior engineers with experience in the valuation of losses and damages caused by the expropriation of land for road projects. The DNTop also has a Social Unit charged with the preparation of resettlement plans in cases where right-of-way acquisition causes relocation. The staff of the Social Unit are familiar with the World Bank Policy on Involuntary Resettlement and have directed the preparation and implementation of successful resettlement plans.

96. Under current procedures, the final design of a project that requires expropriation can be approved before the DNTop has had the opportunity to carry out at least a preliminary evaluation of the social costs of the project and the potential difficulties of the expropriation processes. This presents a clear weakness in the system, since current procedures allow decision making on the project design without full information on their impacts and risks. A better process would require the consideration of DNTop inputs when making design decisions. At a minimum, prior to the approval of the design, DNTop should have the opportunity to make a preliminary assessment of the social impacts of a project and the potential difficulties in expropriation and/or relocation cases involved.

4.2 Description of the regulatory framework

97. The legal basis for right-of-way acquisition includes the National Constitution and the Expropriation Law (Law No. 3958 of March 28, 1912, and subsequent amendments). Article 32 of the Constitution provides that property "is an inviolable right, but subject to the provisions of laws to be enacted for reasons of general interest. No one shall be deprived of their property rights except in cases of public necessity or utility established by law and always receiving a just and prior compensation from the National Treasury." Article 1 of the Expropriation Law states that "no one shall be deprived of his property, but for a public purpose, authorized by law and without prior and just compensation". The taking of the property being expropriated occurs after the payment of compensation, which includes the market value of land and improvements on the land, as well as the value of the damages caused as a direct result of the expropriation.

98. Compensation. In the case of national roads, the provisions of the expropriation law are applied by DNTop, which must determine fair compensation for the land and other assets affected and carry out an assessment of the damages caused by expropriation. The methodology for calculating compensation (see Annex 10) presents special challenges in cases of partial loss of land is complex, since the Law provides that the amount of compensation should reflect the difference between the value of the property without the project, prior to its fragmentation, and the value of the residual land with the project. The calculation of this difference has important methodological challenges and DNTop has indicated that it requires technical assistance in this field. The proposed Program Action Plan includes methodological technical assistance to address this need.

99. In calculating the compensation DNTop must take into account the impact of the expropriation on the value of the residual land. For example, the shape of the residual land after

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expropriation can affect its functionality and lower its value. If this occurs, the loss of value of the residual land is taken into account when calculating the compensation.

100. In cases where a portion of a productive unit is expropriated, DNTop assesses the impact of expropriation on the economic activities that take place on the residual land of that unit. Appropriate compensation or mitigation measures are agreed with the expropriated owners, such as the construction of tunnels to allow the passage of animals when a road divides pasture areas. DNTop relies on the technical knowledge of specialized government entities to determine the harm done to productive activities. For example, DNTop relies on technical staff of the Dirección Nacional de Granjas if crops are affected. Similarly, DNTop relies on technical staff of the Dirección Nacional de Leche (DINALE) when dairy farms are affected.

101. Once the possible effects of the expropriation have been identified, DNTop quantifies the damages caused to displaced persons and calculates the corresponding compensation.

102. According to the Expropriations Law the compensation must be paid on time (prior to the occupation of the land) and be based on the market value of the land and other assets affected (Annex 11). The Law allows the expropriated person to request an extension to a move deadline in order to harvest crops, build a new home or move machinery. In these cases a portion of compensation is retained and paid at the time of the move.

103. Resettlement. Where housing is affected, the Social Specialist of DNTop supports resettlement planning and implementation. The Bank reviewed the documentation for the case of the most important relocation that DNTop has undertaken in recent years. This significant relocation resulted from a road construction project, the Anillo Colector Vial Perimetral de Montevideo (Montevideo ring-road), which took place in 2005-2006. Although this work was not funded by the Bank, the relocation was planned and implemented according to the principles of Operational Policy 4.12 of the World Bank. The Social Report prepared for this case14 shows that the measures taken to meet the needs of families relocated and to mitigate the effects of expropriation on vulnerable groups and productive activities were successfully implemented.

104. The Law includes compensation for owners with title, tenants with contract and occupants who have been granted an occupation permit and own improvements on the land. The occupation of land by more than 10 years generates possession rights.

105. The Expropriations Law does not protect illegal occupants or intruders. Illegal occupation of land is rare in Uruguay (compared to other Latin American countries) and is concentrated in Montevideo, Canelones and other urban areas.15 In practice, illegal occupants who are displaced by projects are usually assisted by the local authorities or the agency running the project causing displacement. The departmental or municipal government, depending on the jurisdiction, may issue a decree approving the assistance to be provided. The executing agency of the work can also support people displaced or coordinate the relocation of occupants with the local authorities.

14 Departamento de Servicios Sociales, MTOP (2006). Informe Social del Anillo Colector Vial Perimetral de Montevideo. 15 Approximately 6 percent of the population of Uruguay lives in nearly 600 informal settlements, primarily in the departments of Montevideo and Canelones (see www.iadb.org/en/mapamericas/uruguay). In 2008, Un Techo Para Mi País (UTPMP) detected 346 informal settlements in Montevideo.

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106. As mentioned before, the rights of ways of the roads that will be maintained and/or rehabilitated as part the Program are free of occupants, with the exception of a few stalls utilized to sell seasonal agricultural products. If a stall were to interfere with construction activities, or the relocation or eradication of the stall was necessary to promote road safety, the Social Unity of the DNTop would intervene to assess the situation and assist the people affected, if necessary.16

107. Most cases of expropriation are settled amicably. Few cases go to the courts and many such cases are not the result of disagreements over compensation, but are inheritance cases or cases where it has not been possible to identify the owner. 17 The low number of disputes seems to indicate that DNTop procedures generate acceptable compensation offers.

108. The funds to cover the costs of expropriations are provided by the MTOP. In specific cases other government institutions can intervene through the provision of land. Municipal governments can support the resettlement process in cases of shared jurisdiction. As stated above, road maintenance and rehabilitation projects normally do not require expropriation, except in cases where the project requires minor modifications in the road alignment. In such cases, only narrow strips of land are usually and the cost of expropriating them normally represents a small proportion of the total project cost.

109. The DNTop is currently developing two manuals to improve the management of the expropriation process and relocation cases: Manual de Gestión Social (Social Management Manual) and Manual de Procedimiento Expropiatorio (Expropriation Procedures Manual). DNTop has indicated that they would benefit from technical assistance for the development of both instruments.

4.3 Social management specificities related to Program financiers

110. As stated earlier, beyond the Government of Uruguay own revenues and the proposed World Bank loan, the IADB and FONPLATA will to contribute financially to the Program. Both FONPLATA and the IADB-financed contracts will be subject to the above-described social management framework in its entirety.

111. Notwithstanding and complementing this framework, the IADB has developed, within its loan preparation and safeguards policies, an Environmental and social management report (Informe de gestion ambiental y social – IGAS). This IGAS (i) describes the activities to be financed by the loan; (ii) describes the environmental and social framework applicable to these activities; (iii) describes possible socio and environmental impacts of these activities; and (iv) defines an environmental and social management plan applicable to these activities.

16 Interview with Jannet Teruel, Social Unit, DNTop. 17 Interview with Umberto (Tito) Curi and Eduardo Sierra, DNTop. Data on expropriation cases was sent by H. Curi, but it was not possible to open the files. The Bank requested the information in another format.

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112. The IGAS stipulates that (i) no impact on Indigenous People communities is expected, and (ii) no resettlement is expected within the IADB-financed road works, as works are anticipated to be undertaken within the existing right-of-way. Yet, should buildings be impacted, triggering involuntary resettlement or economic activity displacement, mitigations measures based on IADB’s OP-710, Involuntary resettlement, would be implemented. OP-710.

113. It has been assessed that, should involuntary resettlement be necessary stemming from IADB-financed contracts included in the Program, that IADB’s OP-710 requirements are compatible with the World Bank OP 9.00.

4.4 Program Capacity in the Social Area and Performance Assessment

114. Program capacity and performance in the social area appears to be good, based on the above and the gap analysis carried out in Section 5 below. The evaluation is based on the review of the relevant regulatory framework, particularly the Expropriation Law, analysis of internal procedures of the DNTop , and field visits to projects requiring land acquisition.18

115. It is assessed that that there are no significant gaps between program practices and principles and elements of the OP 9.0; however, there are some areas that could be strengthened, as detailed below.

4.5 Relevance to the Principles of OP 9.0

116. This section elaborates on the inconsistencies identified between the Program system and relevant core principles or elements of OP 9.0 (for further detail see Section 5 below). In addition, it assesses the significance of these gaps and the willingness of the DNV / DNTop to undertake measures to improve system performance in key areas.

117. Three inconsistencies were identified:

1) According to the principles of OP 9.0, the adverse effects of land acquisition for public works should be avoided or minimized. As explained above, the Program maintenance and rehabilitation works normally take place within the existing right of way and do not require additional land. However, some maintenance and rehabilitation contracts include “new works” (obras nuevas) that can require the expropriation of land adjacent to the road, such as the correction of curves or the construction of new bridges with accesses. The obras nuevas are designed by the Department of Studies and Projects of the DNV and the DNTop is asked to procure the required land after the designs have been approved. When the DNTop goes to the field and talks to affected people, they often discover that it would have been possible to avoid or reduce certain adverse impacts through design changes, but when they make this discovery it is too late to change the design. A more timely review of the design by the DNTop, even if it is very preliminary, could help avoid or minimize the

18 Montevideo Ring Road and Subproyecto Ruta 1, Tramo Ruta 2 – A. Minuano.

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impacts of the works. A simple change in the internal procedures of DNV would eliminate this inconsistency, as proposed in the Inputs to PAP.

2) According to the principles of the OP 9.0, the Program should identify the economic

and social impacts caused by land acquisition and ensure that those affected be compensated or assisted in an appropriate manner. The Expropriation Act requires the DNV to compensate the people affected by the expropriation by the loss of assets (land and improvements) and the damages they suffer because of the expropriation. Furthermore, the DNTop has procedures in place to support people who must relocate and to meet the needs of vulnerable people. However, two limitations were observed in the system:

First, the procedures used by the DNTop in the expropriation proceedings are not

properly documented and systematized. For this reason, the DNTop has initiated the development of two manuals of procedures: Social Management Manual and Manual of Expropriation Procedures. The DNTop believes would benefit from technical support for the conclusion of this task. The manuals can improve the management of the expropriation process.

Second, the number of engineers/surveyors in the DNTop has been reduced in

recent years from 14 to 6, which will debilitate the system in the medium term, unless the Office of Planning of the Ministry of Finance develops and implement a plan to ensure that the DNTop has the staff it needs in the coming years. As a first step towards the development of the plan, the Office of Planning should evaluate the need to recruit staff, taking into account that some staff are reaching retirement age. It should also address the issue of training new staff, which will take time.

3) According to the principles of OP 9.0, the Program systems must ensure that

compensation received by people who lose economic assets is sufficient to purchase assets with a value equivalent to those that were expropriated and to defray the necessary transition costs, which should be paid before the land take. These aspects fall under the Expropriation Law, but the methodology for calculating compensation in cases of partial takings of property is complex because it requires comparing the value of the property without project and prior to fragmentation, with the value of the remaining the project property. DNTop staff has expressed an interest in technical assistance in this area. They are also interested in learning about methodologies used in other countries for the calculation of compensation for partial losses of land caused by road projects and, in general, on international standards for the valuation of losses in the context of road projects.

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5 ASSESSMENT OF PROGRAM SYSTEM

118. Table 4 summaries the evaluation of the environmental and social systems in place in the Road Program of DNV, MTOP from Uruguay and its relation with the principles and attributes of the Operational Policy for Program for Results 9.0. It also indicates the gaps identified during the evaluation process.

Table 4. Evaluation of the Environmental and Social Systems in place in the Road Program of DNV from the MTOP of Uruguay and its relation to the OP 9.0019 from the World Bank.

General Core Principle: Environmental and social management procedures and processes are designed to: promote environmental and social sustainability in program design; avoid, minimize or mitigate against adverse impacts; promote informed decision making relating to a program’s environmental and social effects

Key Elements Program System Gaps

1. Operate within an adequate legal and regulatory framework to guide environmental and social impact assessments at the program level.

The program operates under the (i) country environmental regulations and (ii) an official environmental manual from DNV, approved by the national environmental agency. (See Section 2.1 and Annex 4 for further references). The country environmental agency “DINAMA” has responsibility of the environmental impact assessment in the nation, according to the Law No. 16466 (14-01-1994) and Decree 349 (September 2005). All road maintenance subprojects reviewed by DINAMA, are classified in three environmental categories by the developers; if applies these mustr present an EIA and a Comunication. DINAMA revises and confirms project categorization and if corresponds issue the “Autorizacion Ambiental Previa.” Other legislation that the program has to comply include the Law No. 17283. General Law for the Protection of the Environment, Law Nº 17.234. Protected Areas, Decree No.52; Law No15.939. Law Forest protection; Law No.15.965. Health and Safety. Please see Annex 4 for a summary of main country regulatory framework.

Some gaps present are related to regulations of air emissions and management of toxic waste.

19Program for results financing, The World Bank http://web.worldbank.org/WBSITE/EXTERNAL/PROJECTS/EXTRESLENDING/0,,contentMDK:22748955~pagePK:7321740~piPK:7514729~theSitePK:7514726,00.html

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2. Incorporate recognized elements of environmental and social assessment good practice, including:

(a) early screening of potential effects; Following regulation of the Law 16466 and the Decree 349-005, DNV and its contractors must prepares a n Environmental Communication (short environmental report and presented to DINAMA for preliminary screening of potential impacts

No significant gaps

(b) consideration of strategic, technical, and site alternatives (including the “no action” alternative);

DNV technical teams consider the different alternatives to repair sections of selected roads. In relation to environmental management, camp site and borrow pits selection is considered during preparation by contractors

No significant gaps

(c) explicit assessment of:

potential induced impacts The DNV environmental documents such as the “Comunicacion Previa” indicates potential indirect impacts to the community and downstream areas.

This is something that could be improved.

cumulative impacts This is not considered in the environmental screening, evaluation or mitigation measures. Some important issues related to cumulative impacts in the Project are connected to the camp site and quarry operations which can be used for several years and contractors. Also some DNV regional offices have cumulative impacts mainly associated with environmental liabilities (contaminated land with oil, old road signs, wastes, etc). The evaluation and mitigation of cumulative impacts are not current priority in DNV or DINAMA to due to budget and personnel limitations. There is not either legal framework in the country to enforce management or mitigation of these impacts.

There is a gap. Environmental management can be improved with including in the budding documents environmental clauses to request contractors to reduce the legacy of cumulative impacts in camp sites or other project areas. Development of mandatory guidelines to request restoration and solution before the conclusion of a project to target main issues. Also by organizing discussions with DINAMA to define measures for resolve these effects.

trans-boundary impacts No. This is not considered but it is not applicable to the program No applicable

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(a) identification of measures to mitigate adverse environmental or social impacts that cannot be otherwise avoided or minimized;

DNV Environmental Manual contains mitigation and prevention measures to reduce and mitigates environmental and social impacts. Compliance with the manual is mandatory for contractors. As well as all health and safety laws and regulations.

No significant gaps

(b) clear articulation of institutional responsibilities and resources to support implementation of plans;

Budget and personnel is a limitation. DINAMA does not supervised road rehabilitation and maintenance works. DNV road works Environmental supervision is limited. There are also budgetary and staff limitations in the DNTop. The number of engineers with experience in the valuation of losses and damages caused by expropriation has dropped from 14 to 6. This trend, unless it is corrected, will weaken the system in the medium term.

There is a gap. DNVworks supervision teams need support from environmental professionals, at least one professional at the DNV Environmental Unit and environmental capacity building at the regional level.

(c) Responsiveness and accountability through:

stakeholder consultation, According to DINAMA categorization DNV road maintenance subprojects are mostly Category A (low impact), thus no consultation is needed. However if there are land issues, consultations takes place to the potential affected owners (see the social section)

There is gap. A communication plan should be implemented by contractors to inform about the road works. A consultation process plan should be incorporated in the environmental manual.

timely dissemination of program information

DNV does not have a formal communication or dissemination program in place or develop formal meetings.

There is gap. DNV needs to strengthen communication with contractors, stakeholders and Environmental agencies related to the program. One workshop will be organized every year during the Program implementation period to increase communication, accountability and current challenges with stakeholders, environmental agencies and contractors.

Responsive grievance redresses Informal system present. There is a gap. Some claims

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measures. are received in the reception of DNV and there is not a clear procedure in how to resolve them and the way to respond them.

Environmental Core Principle. 1 Environmental and social management procedures and processes are designed to avoid, minimize and mitigate against adverse effects on natural habitats and physical cultural resources resulting from program.


As relevant, the program to be supported: Includes appropriate measures for early

identification and screening of potentially important biodiversity and cultural resource areas.

-The preparation of the “Comunicación Ambiental” as requested by the Decree 349-005 and the DNV Environmental Manual allows identifying in the first stages of the project cycle the presence of high diversity areas or cultural resources. -Also, the “Ficha Ambiental” mandatory by Decree 349-005, from DINAMA request information if the project is located at or near protected areas and RAMSAR sites (critical habitats) or natural habitats “monte nativo”.

No significant gaps

Supports and promotes the conservation, maintenance, and rehabilitation of natural habitats; avoids the significant conversion or degradation of critical natural habitats, and if avoiding the significant conversion of natural habitats is not technically feasible, includes measures to mitigate or offset impacts or program activities.

-The protected area system in Uruguay is very recent. There are only a few official protected areas and several more are under study. The Ministry of Housing, Land Planning and Environment (MVOTMA) developed a strategic plan (2010-2014) to try to increase the number of protected areas and resolve environmental issues related to planning, management, mining, etc. -The “Ficha Ambiental” mandatory by Decree 349-005, from DINAMA request information if the project is located at or near protected areas (critical habitats) or natural habitats “monte nativo.” Forest permits are required by the Forestry Directorate (MGAP) to cut native forest in the country. -DNV program will deal only with maintenance and rehabilitation works on existing roads. -DNV Environmental Manual includes general provisions to avoid conversion or impact of natural habitats and critical habitats.

Some gaps DINAMA does not consult with the Protected Area Department in case road works intervenes protected areas. The EM manual will need to be updated to include provisions to ensure (i) DNV consults with the Protected Area Department and (ii) an environmental assessment is performed if needed

Takes into account potential adverse -DNV Environmental Manual includes provisions to prevent No significant gaps

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effects on physical cultural property and, as warranted, provides adequate measures to avoid, minimize, or mitigate such effects.

impacts on cultural and archaeological resources.

Environmental Core Principle. 2

Environmental and social management procedures and processes are designed to protect public and worker safety against the potential risks associated with (a) construction and/or operations of facilities or other operational practices developed or promoted under the program; (b) exposure to toxic chemicals, hazardous wastes, and otherwise dangerous materials; and (c) reconstruction or rehabilitation of infrastructure located in areas prone to natural hazards.


Promotes community, individual, and worker safety through the safe design, construction, operation, and maintenance of physical infrastructure, or in carrying out activities that may be dependent on such infrastructure with safety measures, inspections, or remedial works incorporated as needed.

Uruguay has significant legislation on health and safety measures for workers protection and reduction of risks during construction operations. Worker safety is protected by the Decrees 103/996 (March 1996) 283/996 (July 1996), Decree 406/988 (June 1988), Law 5032 (July 1914) which mandates workers protection, equipment, training and prevention of accidents. The Ministry of Labor and Social Security is the national authority. Please see Annex 4 for additional legislation.

-DNV Environmental Manual also includes mandatory provisions for contractors to comply with country legislation and health and safety measures.

-DNV Environmental Unit has one health and Safety Inspector who performs periodic supervision on the DNV projects.

No significant gaps

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Promotes use of recognized good practice in the production, management, storage, transport, and disposal of hazardous materials generated through program construction or operations; and promotes use of integrated pest management practices to manage or reduce pests or disease vectors; and provides training for workers involved in the production, procurement, storage, transport, use, and disposal of hazardous chemicals in accordance with international guidelines and conventions.

-During supervision of health and safety issues, the inspector supervises aspects such as: personal health and safety equipment, fire prevention measures and equipment, security of temporal civil works, management of chemical substances (e.g., solvents for preparation of asphaltic mixtures).

-Some contractors have obtained the international standard of ISO 14001 and are initiating to recycling actions, building containing chambers for oil spills and providing basic training to their workers.

-DNV Environmental Manual has provisions for contractors to comply with prevention and mitigation measures to avoid contamination due to hazardous wastes and health and safety measures to protect workers.

-Transport of hazardous materials requires special licenses.

There are gaps. There is a need of capacity building activities and guidelines. Some contractors store hazardous waste but do not know what to do with them. There is lack of national solutions with some type of hazardous wastes.

Includes measures to avoid, minimize, or mitigate community, individual, and worker risks when program activities are located within areas prone to natural hazards such as floods, hurricanes, earthquakes, or other severe weather or climate events.

-The main natural hazards are floods and storms. The country has low seismic risk due to its intra-location to the tectonic plates.

-Current health and safety regulations and environmental management within DNV regulations requires contractors o have life policies.

No significant gaps

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Social Core Principle. 1 Land acquisition and loss of access to natural resources are managed in a way that avoids or minimizes displacement, and affected people are assisted in improving, or at least restoring, their livelihoods and living standards.


The program avoids or minimizes the adverse impacts of land acquisition.

Program activities normally occur within the right of way of existing roads. The expropriation of land adjacent to the road is necessary only in exceptional cases. When this occurs, the expropriated land normally represents a small portion of the affected property and is free of dwellings and other structures.

There are no significant gaps, but a more timely review of the design of projects that require expropriation by the DNTop can result in design changes that avoid or minimize adverse effects of land acquisition.

The program identifies and addresses economic and social impacts caused by land acquisition, including those affecting people who may lack full legal rights to assets or resources they use or occupy.

When a subproject requires expropriation, the DNTop identifies and addresses the economic and social impacts of expropriation, according to the procedures specified in the Expropriations Law. Persons without legal rights to land are not likely to be affected by the Program, but, if they were, they enjoy certain protections under Uruguay’s legal system. The DNTop is developing manuals to improve the management of social impacts and risks

There are no significant gaps. The manuals that The DNTop would prepare as part of the Bank’s PforR operation can lead to improvements in the management of the expropriation process and related social issues.

The program provides compensation sufficient to purchase replacement assets of equivalent value and to meet any necessary transitional expenses, paid prior to taking of land.

The Expropriation Law covers these aspects and the DNTop has the capacity to implement it. Compensation is paid prior to the taking of the land needed for the project (Annex 10).

There are no significant gaps. However, the methodology to calculate the compensation for partial takings of land is complex and the DNTop would benefit from technical assistance in this aspect.

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The program provides supplemental livelihood improvement or restoration measures if taking of land causes loss of income-generating opportunity.

According to the Expropriations Law, the negative impacts of expropriation on productive activities must be taken into account in the calculation of compensation. The Program is not likely to cause physical displacement that leads to loss of income-generating opportunities or employment; but if this were to occur, there are procedures to address this kind of situation

There are no significant gaps.

The program restores or replaces public infrastructure and community services adversely affected.

Program is not likely to affect public infrastructure or community services, but, if these impacts occurred, the construction contractor would replace or repair the affected infrastructure.


Social Core Principle. 2 Due consideration is given to cultural appropriateness of, and equitable access to, program benefits giving special attention to rights and interests of Indigenous Peoples and to the needs or concerns of vulnerable groups.


If Indigenous Peoples are potentially affected, the program (i) consults with them, and (ii) ensures that they benefit from exploitation of customary resources or indigenous knowledge.

The Program will not affect communities of Indigenous Peoples.

This element does not apply to the Program

The program gives attention to groups vulnerable to hardship or disadvantage, including as relevant the poor, the disabled, women and children, the elderly, or marginalized ethnic groups.

It is unlikely that the Program would adversely affect vulnerable groups, but if the program were to displace any vulnerable person, there are procedures to address these situations.


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6 INPUTS TO THE PROGRAM’S ACTION PLAN

6.1 Main Inputs to the Program Action Plan 119. Based on the Program Environmental and Social System Assessment, gaps identify with the OP 9.0, data collected during field visits conducted to subprojects and consultations held with DNV staff, contractors and concessionaries, the following measures are proposed to improve the performance of the environmental and social management system of the DNV Road Program (Table 5).

120. The proposed environmental and social measures will become part of the Program Action Plan (PAP) These inputs to the PAP include key actions that should be undertaken to enhance Program’s environmental and social systems. Besides, the Proposed Action Plan includes recommendations from consultation activities, (i) a focal workshop with DNV staff in charge of the environmental management and supervision of the Program, held on February16, 2012 and public consultations held on June 22, 2012 in Montevideo and September 12, 2012 in Trinidad, Flores.

121. In this Action Plan, one staff is suggested for the UAV to support the current work of the unit in the environmental management of the program. In the future, it will be recommended to add more environmental personnel to increase support at the regional level for best coordination with between DNV regional offices and central MTOP, follow up system performance and increase supervision. Noteworthy, the IDB loan will also support also the strengthening of DNV Environmental Unit as well with the incorporation of two additional personnel (one environmental and one social specialist).

122. Annex 6 lists the priority actions needed to update the Environmental Manual DNV as part of the Program Action Plan.

Table 5. Environmental and Social Measures for the Program Action Plan.

A. Environmental Actions Indicator Responsible

Review and update of the Environmental manual and include new clause in relation to grievance mechanism, access of information, consultation, works in protected areas evaluation and other topics as needed for this new operation (see Annex 6)

-Environmental Manual updated -Approval of manual by DNV and publication of the Manual -Manual is made official by Decree (whenever is reached)

DNV

Strengthen the Environmental unit with a full time environmental professional

Hiring a full time environmental specialist, as minimum

DNV

Perform an environmental audit every six months to a selected group of contracts and evaluate action plan performance

-Two Environmental Audit Report per year DNV

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Define formal grievance mechanism, communication plan and access of information

-Mechanism are defined and agreed.-Mechanism is informed at the UAV web page in the MTOP web site-Road Signs include includes phone, email, map of section under works and name of person to contact for complaints, concerns, etc.

DNV

Carry out an environmental capacity building Program for the implementing agencies (central and regional) on topics such as: environmental impact, waste management, water resource protection, ISO standards, emissions control, communication and consultation, biological corridors and road networks, forest resource management, among others, to be defined in the Environmental Manual and the annual plans.

- At least 75% of the staff of the Environmental Unit, and 75% of those involved in environmental management program (project managers, technical assistants) are trained annually in accordance with the provisions of the program disbursement indicator (see PAD) - At least two trainings per year, number of people trained, training material.

DNV

B. Social Actions Indicator Responsible

Establish procedures to ensure that consultants who design works take into consideration DNTop’s inputs on the potential impacts of expropriation processes.

Procedures approved by the MTOP and routinely attached to bid specifications.

MTOP

Develop a Manual of Expropriation Procedures and Social Management

Manual approved by the MTOP and routinely attached bid specifications.

DNTop

Conduct an international workshop on social management in order to improve the social management of MTOP projects and facilitate cooperation with institutions from other countries in this field.

Conclusions / recommendations of the workshop incorporated in the Manual of Expropriation Procedures and Social Management.

DNTop

Conduct an international workshop on methods of calculation of compensation in cases of partial expropriation of land (the workshop will facilitate the application of the provisions of the Expropriation Law in such cases).

Conclusions / recommendations of the workshop incorporated in the Manual of Expropriation Procedures and Social Management.

DNTop

Evaluate DNTop’s staffing and training needs and develop a plan to ensure that DNTop has the staff it needs to fulfill its functions in the medium term.

Recruitment and training plan approved. Planning Office-

Ministry of Economy,

DNTop

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123. Monitoring Plan: The DNV Environmental Unit and the DNTop will prepare bi-annual reports to the Bank to inform about progress in the implementation of the Program Action Plan and Program monitoring. Formats for these reports will be included in the updated Environmental Manual (Annex 6). The DNTop will prepare an annual report on the implementation of the social measures of the Action Plan (B-Social Actions).

124. The DNV Environmental Unit will elaborate a digital database to store environmental documentation (environmental permits, environmental monthly reports, environmental managements plans, EIAs, etc), grievance records, health and safety reports, among others, in order to facilitate coordination and exchange of information with DNV regional offices and other environmental agencies. This database will be available to Bank supervision missions.

6.2 ESSA consultation and disclosure

125. A consultation workshop with DNV staff in charge of the environmental management and supervision of works implemented under the Program was held on February16, 2012. Inputs from this consultation have been included in this assessment and in the Action Plan.

126. Later, a public consultation on the draft of the ESSA and PAP was held on June 22nd, 2012. A total of 16 participants attended the meeting. They represented DNV, DNTop, the Ministry of Agriculture and the Department of Native Forests, National Commission on Cultural Resources (Comision Nacional del Patrimonio), the Congress of Municipal Governments (Congreso de Intendentes), National Topography Association (Associacion Nacional de Agrimensores), CVU (Corporacion Vial del Uruguay), Anticorruption Commission (Junta de Transparencia) and the NGO-Amigos de la Tierra. The participants showed support to the Program and provided comments and recommendations. Recommendations and suggested actions have been included in this evaluation and in the action plan. Annex 13 includes a summary of the comments and recommendations received.

127. Comments and discussion during the consultation included topics such as: (i) Implementation of the Action Plan to improve the environmental and social management; (ii) Disbursement of program indicators; (iii) Environmental monitoring; (iv) The human resources needed for both DNV and DNTop; (v) The role of DINAMA in the program; (vi) needs of capacity building activities at the local governments, (vii) Oversight support from the National Anticorruption Commission, among other topics.

128. During the appraisal mission a local public consultation was held at the community of Trinidad, Flores. Eight local representatives and residents of this community participated. They represented the local police, the Porongos Group (a local NGO), an organization of flower producers (Union Rural Flores), the Ministry of Livestock, Agriculture and Fisheries and DNV.

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129. The comments and discussion during the consultation included topics such as: (i) Impacts generated by roads crossing national urban centers; (ii) Need to improve communication about the road works with communities via radio, posters, meetings, municipalities. (iii) The importance of occupational safety and lack of trained personnel; (iv) The need for training of municipalities, MTOP personnel on environmental issues, communication, occupational safety; (v) Improve coordination and communication with municipalities and key sectors such as:, police, tourism, (vi) Risk of roads during construction, due to lack preventive measures, selected design, traffic (vii) Issues of waste management by contractors; (viii) The need to support capacity building of local governments, through training and conducting joint works in the critical sections (national roads crossing rural centers). (ix) The importance of road safety and the coordination of works with schools, among other issues.

130. A summary of the recommendations and comments obtained during both consultations is included in Annex 13. The consultations confirmed information already gathered during interviews with many stakeholders and field inspections held during the preparation of this evaluation; thus, it is considered that we have identified key environmental and social challenges and the areas of improvement needed for the program development.

131. The participation of civil society is a critical component for achieving program results. As part of this, various measures have been incorporated to support institutional strengthening and DNV communication with civil society, such as: (i) development of mechanisms for receiving and resolving complaints, (ii) implementation of a communication strategy to provide information on road rehabilitation works, (iii) inclusion of a web page in the MTOP website to share information with program beneficiaries and (iv) development of a database to track and monitor complaints and claims (see PAD of project).

132. On August 27, 2012, a draft of this assessment (ESSA) was posted on the World Bank website (Infoshop) and in the website of MTOP20. After the appraisal mission and before the negotiations, the final report of ESSA both its English and Spanish will be posted at the same websites (Infoshop and MTOP).

20 http://www.mtop.gub.uy/gxpsites/hgxpp001?1,5,364,O,S,0,MNU;E;2;7;6;3;34;9;MNU

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7 ENVIRONMENTAL AND SOCIAL RISKS

7.1 Potential Environmental risks

133. A detailed list of Program main environmental risks identified during this evaluation and its valuation is included in Annex 12.

134. Potential environmental risks identified in relation to the Program include: (i) Risk of works having an adverse impact on the environment, in particular protected areas; (ii) Risk of inadequate environmental supervision stemming from insufficient human and financial resources in UAV; (iii) Risk of Contractors poor environmental performance; (iv) Risk of stakeholder claims related to environmental/social mismanagement. The Program Action Plan includes actions to mitigate or reduce these risks and ensure good environmental management, transparency and stakeholder communication.

135. The environmental risk to affect Protected Areas is considered low: Protected areas cover less than 1.7% of the Uruguayan territory. Within DINAMA, the Protected Area Unit have worked intensively in preparing a strategy framework21 to increase conservation of rich biodiversity areas, at the moment there are about 13 proposed protected areas of different types of categories and more than 30 sites of biodiversity interest identified in the country. Annex 2 shows the location of the current protected areas and the new proposed sites.

136. Also, the risk of potential conversion of natural habitats is considered limited, since the majority of the road works are performed in existing roads. Roads crossing sensitive areas, wetlands and critical habitats will be identified during preparation of the project: (i) in the studies and designs phase and (ii) when preparing the “Communication” report to DINAMA.

137. The classification that DINAMA could give to the subprojects is unknown. If the subproject is classified as Category B or C, it will require the preparation of a detailed EIA and EMP, according to the Law 16.466 and the Decree 349/005. If Classified as A, the risk is that no environmental impact evaluation is required. To reduce this risk, the EM will need to be updated to include measures to ensure that if works are performed near or within these areas (i) the Protected Areas Department is consulted and (ii) an environmental evaluation is prepared.

138. The DNV Environmental Unit will evaluate carefully any subproject crossing critical and natural habitats to ensure proper mitigation measures are included in the EM and bidding documents. It is not known where this programmatic operation will be implemented or if any work site would be in the vicinity of the country’s protected areas. Some of the roads crossing official protected areas or under study are: Route 3 (Northern region), Route 1 (Santa Lucia wetlands), Route 10, Route 9 (Annex 2).

139. Pollution: main pollution risks are related to camp sites and the generation of air emissions and hazardous wastes. Most of these risks and effects of the Program can be prevented and mitigated with proper environmental management actions, increasing

21 SNAP. Plan Estrategico. 2010-2014.

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environmental support and supervision, implementing the measures of proposed Action Plan and updating of the EM.

Program Stability and Sustainability

140. A decade ago, DNV initiated a very important process of coordination with the UY National environmental authorities which set the bases for the future environmental management of the program. In 1998, the DNV prepared, with the support of the Bank, an environmental manual ("Manual Ambiental para obras y actividades del sector vial") to manage and supervise road maintenance and construction operations. This manual was presented to the Ministry of Housing, Land Use and Environment (MVOTA) and National Environmental Directorate (DINAMA) for review and approval. According to DINAMA and MVOTA, the manual was considered consistent with the country environmental regulations and national interest in proper management of road development and it was recommended to be published as a national environmental instrument. An agreement of understanding between the MTOP and MVOTA was signed in October 2002. 141. Later, in May 2003, the manual was published by the Decree 176/003 as the national environmental instrument to guide road maintenance and construction works of MTOP. This manual contains explicit environmental and social management objectives and measures to reduce, mitigate and prevent environmental and social effects of road construction and maintenance operations by DNV. The fact that this manual is an official instrument of the MTOP entitles that changes or improvements and updates must be issued by a national decree and it also guaranties that environmental and social management of the program will be maintain after implementation of the Bank operation.

Institutional Complexity and Capacity

142. The institutional complexity of the program is not high. In term of environmental management is the same DNV with the contractors and concessionary (CVU) which is responsible of the overall environmental supervision and compliance. The UAV from DNV has done an excellent job handling with the available resources and personnel the environmental management of the DNV road maintenance works. However, with the additional operations of the future program, it will be necessary to increase their technical capacity by contracting environmental staff, and the provision of equipment and environmental training.

Stakeholder Risk Context

143. The Program has a low stakeholder risk. This conclusion is based on the review of Program activities and projects, the results of the consultations with key stakeholders, and the environmental information reviewed as part of this assessment. Road improvements are welcomed by civil society organizations and the private sector in general.

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7.2 Potential Social Risks

144. Potential risks are associated with right of way acquisition; such risks are nonetheless assessed to be low. Main identified risks include: (i) risk, on the medium term, of institutional disruption at DNTop; (ii) risk of mismanagement of involuntary resettlement processes, in particular in case of people without land rights; and (iii) risk of unfairness in ROW acquisition compensation.

145. As a general rule, the civil works to rehabilitate or maintain roads take place within existing right of ways and, therefore, do not require the acquisition of additional land. However, certain contracts for road rehabilitation and maintenance occasionally include “new works” at specific locations that can require modifications in the road alignment (for example, to rectify curves or to build new bridges). These modifications can affect strips of private land adjacent to the road.



148. Thus, from a social impact perspective, the social, institutional and legal context of the Program limits its risks. National roads are well managed and the rights of way are controlled by the authorities, minimizing the risk of invasions of the ROW that could affect the maintenance and rehabilitation works. Authorities enforce the regulations on the construction line in private properties and owners generally respect these regulations, making unlikely the displacement of dwellings or other structures as a result of minor modification of the road alignment.

22 Art. 1, Law 14.197 of May 13, 1974 (Modification of Easements in Rural Areas). 23 Interview with Susanna Galli, Director, Unidad Ambiental Vialidad, MTOP

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149. Uruguay’s Expropriation Law provides adequate protection to affected persons (see paragraphs below) and the Department of Topographic Surveying (Dirección Nacional de Topografía—DNTop) has the necessary capacity to implement its provisions.

150. In sum, the social risks of the program are low due to the types of anticipated impacts and the characteristics of the social, institutional and legal context. Given the characteristics of the works to be carried out as part of the Program, they are not expected to cause physical displacement of people or significant economic dislocation. The Program does not affect communities of Indigenous Peoples and is unlikely to create or exacerbate disputes over land or natural resources.

151. The DNV has a good institutional track record that supports a low risk assessment. In the aforementioned previous Bank financed project, the DNV managed social issues well. The expropriations that occurred as a result of projects that were part of the Program were few and the expropriation processes normally were resolved through amicable agreements.

7.3 Past project performance track-record

152. The World Bank has partnered with Uruguay in the road transport sector for several decades (First Project was signed in 1962). The latest operation (Transport Infrastructure Maintenance and Rural Access) was closed in July 2011 (P049267) and overall assessment was rated Moderately Satisfactory.24 According to the environmental records reviewed and site visits of this operation no significant environmental issues was generated. Also the ICRs from the 1998-2004 operation (Uruguay - Second Transport Project) as rated satisfactory25 “Project outcome is satisfactory, sustainability is likely, institutional development impact is substantial, and Bank and Borrower performances are satisfactory”. Many roads and bridges of Uruguay have been constructed, rehabilitated and maintained during the implementation of these operations and no major environmental issue was reported during these periods. Environmental Supervision by the World Bank supported the preparation of the DNV Environmental Manual and provided supervision during the last two loans. Documents describing the implementation of these projects are public and available at the World Bank web site.26

24 IMPLEMENTATION COMPLETION REPORT. 2011. Uruguay - Second Transport Project-P049267. 25 IMPLEMENTATION COMPLETION REPORT. 2004. Second Transport Project- P049267. ORIENTAL REPUBLIC OF URUGUAY. 26 http://www.worldbank.org/projects/search?lang=en&searchTerm=&countryshortname_exact=Uruguay&src=

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7.4 Evaluation of the Environmental and Social Risks

153. The Table 6 summarizes the environmental and social risks associated to the Program:

Table 6. Global risk assessment of the Program.

Risks Valuation

Environment Social

Environmental and social effects associated to the Program activities

low low

National environmental and social context low low

Strategy and sustainability of the program low low

Local capacity and institutional complexity moderate moderate

Stakeholder risk low low

Global evaluation low low

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8 INPUTS TO THE PROGRAM IMPLEMENTATION SUPPORT PLAN

154. The Table 7 indicates the environmental and social activities to be undertaken within the Program Implementation Support Plan.

Table 7. Environmental and Social Support Plan for the implementation of the program

Activity Timing

Capacity building activities on the PforR and environmental management

One month after effectiveness

Monitoring of the environmental aspects of the Action Plan and indicators

Review of bi-annual reports and feedback on project results

Monitoring of Grievance mechanism, information and participation effectiveness

Review of bi-annual reports and feedback on project results

Field visits to selected project sites Twice a year during supervision missions

Support client to resolve implementation issues and carry out institutional capacity building

Once a year and specially at the regional level

Review implementation progress of the social aspects of the Action Plan

During Bank supervision missions.

Assist client in the identification of the consultant who will support the development of the Manual of Expropriation Procedures and Social Management.

No later than three months after within the one month after effectiveness.

Assist the client in the planning of the international workshops on land valuation and social management.

During Bank supervision mission.

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Annex 1. Documents and Persons Consulted

a. Documents

Álvarez, Jorge (2005). Ley de Expropiaciones (No 3.958 del 28 de marzo de 1912, actualizada). Editorial y Librería Jurídica Amalio M. Fernández. Corporación Vial del Uruguay (2009). Manual de Gestión Ambiental. Departamento de Servicios Sociales, MTOP (2006). Informe Social del Anillo Colector Vial Perimetral de Montevideo. Dirección Nacional de Topografía, MTOP (sin fecha). “Bases para la Elaboración de un Manual de Procedimiento Expropiatorio”. Dirección Nacional de Topografía, MTOP (sin fecha). “Propuesta de actividades del área social a desarrollar en el marco de una obra vial y en el proceso de expropiación”. Dirección Nacional de Vialidad (DNV) del MTOP (1998). Manual ambiental para obras y actividades del sector vial. Dirección Nacional de Vialidad (DNV) del MTOP (sin fecha). “Proceso trámite expropiatorio después de la aprobación de la Planimetría. Dirección Nacional de Vialidad (DNV). MTOP. 1998. Manual Ambiental para obras y actividades del sector vial. Ministerio de Trabajo y de la Seguridad Social y Ministerio de Salud Publica (1998). Decreto 406/88, Seguridad laboral. Ministerio de Vivienda, Ordenamiento Territorial y Medio Ambiente—MVOTMA (2010). Sistema Nacional de Áreas Protegidas de Uruguay (Plan de Mediano Plazo 2010-2014). Ministerio del Transporte y Obras Públicas—MTOP (2005). “Plan de reasentamiento involuntario abreviado, Proyecto Ruta 1, Tramo Ruta 2-A. Minuano, Proyecto de Mantenimiento de la Infraestructura de Transporte y Acceso Rural. Ministerio del Transporte y Obras Públicas—MTOP (2006). “Impacto Social – Ruta 11 (Tramo San José-Villa Rodríguez) y Ruta 5 (Puente y acceso sobre el A. Tanqueras)”, Proyecto de Mantenimiento de la Infraestructura de Transporte y Acceso Rural. Ministerio del Transporte y Obras Públicas—MTOP, Marco General para la Adquisición de Propiedades y Reasentamiento.

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MVOTMA. 2010. Sistema Nacional de Áreas Protegidas de Uruguay. Plan de Mediano Plazo. 2010-2014. República Oriental del Uruguay (1912). Ley de Expropiaciones No 3958. República Oriental del Uruguay (1974). Ley 14.197 de Mayo 13, 1974 (Modification of Easements in Rural Areas). República Oriental del Uruguay (1994). Decreto 349/005, Reglamento de Evaluación del Impacto Ambiental, 21 de septiembre de 1994. República Oriental del Uruguay (1994). Ley 16.466, Ley de Evaluación del Impacto Ambiental Medio Ambiente, 19 de enero 1994. República Oriental del Uruguay (2003). Decreto 176/003 que aprueba el Manual Ambiental del Sector Vial, elaborado por la Dirección Nacional de Vialidad, como un instrumento nacional de manejo ambiental, mayo 2003. Teruel, Doris Jannet (sin fecha). Criterios Generales para la Elaboración de un Manual de Gestión Social. The World Bank. 2004. Second Transport Project- P049267. IMPLEMENTATION COMPLETION REPORT. ORIENTAL REPUBLIC OF URUGUAY. The World Bank. 2011. Second Transport Project-P049267. IMPLEMENTATION COMPLETION REPORT. ORIENTAL REPUBLIC OF URUGUAY.

b. Persons consulted

Arq. Rafael Ferrando. Coordinador Planificación. MTOP Ing. Alejandro Barchiesi, Gerencia de Estudios y Proyectos, MTOP Ing. Arturo Larrierra. Gerente. División Construcciones. MTOP Ing. Eduardo Betervide. DNV-Regional 9-Flores. Gerente- Director de Obra Ing. Eduardo Sierra, Dirección Nacional de Topografía Ing. Elizabeth González. Consultora MTOP Ing. Fernando Souto. Unidad Ambiental Vialidad. MTOP Ing. Gabriela Dupuy. DNV-Estructura. Jefe de Seccion. Ing. Héctor Jorge Villaverde. Director Dirección de Obras. MTOP Ing. Hector Larrierra. Director Minería. Ministerio de Industria, Energía y Minas. Dirección Nacional de Minería y Geología. MIEM- DINAMIGE. Ing. Jorge Alessandri. DNV Regional 1 –Canelones. Jefe- Director de Obra Ing. Jorge Camaño. Director Nacional de Hidrografía. MTOP. Ing. Jorge Gallusso. DNV Regional- Director de Obra- Director de Obra Ing. Juan Pablo Nebel Fuentes. Dirección General Forestal (DGF) – Departamento de Bosque

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Nativo. Dirección General de Recursos Naturales Renovables. Ministerio de Ganadería Agricultura y Pesca. MGAP Ing. Mariana Elorga. Coordinadora calidad y ambiente. SERVIAM Ing. Pablo Sandin Tusso. Unidad Ambiental Vialidad. MTOP Ing. Ricardo Bertola. Unidad Ambiental Vialidad. MTOP Ing. Susana Garcia. DNV-Gerente Estudios y Proyectos. Ing. Susanna Galli. Directora Unidad Ambiental Vialidad. MTOP Ing. Umberto (Tito) Curi, dirección Nacional de Topografía. Ing.Daniel Enrich. DNV- Mantenimiento.Director de obra Ing.Jorge Mures. DNV-Construccion de obras. Director de Obras Ing.Magdalene Pastorini. DNV-Construcción de obras. Jefe Seccion. Lic. Alberto Quintela. Comisión de Patrimonio Cultural. Director General Lic. Alicia Aguerre Domínguez. Jefe Departamento de Biodiversidad. Dirección General de Recursos Naturales Renovables (MGAP) Lic. Daniel Collazo. DINAMA (Dirección Nacional de Ambiente). Ministerio de Vivienda, Ordenamiento Territorial y Medio Ambiente. MVOTMA. Lic. Jannet Teruel, Dirección Nacional de Topografía. Ing. Alejandro Barchiesi, Gerencia de Estudios y Proyectos, MTOP Lic. Patricia Rabosto. Comisión de Patrimonio Cultural Lic. Victor Canton. DINAMA, Director Áreas protegidas Sr. Juan Ramon Izmenti. DNV- Regional Flores- Ayudante del Director de Obra

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Annex 2: Maps

A. Uruguay national road network(primary, secondary and tertiary)

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B. Approved and proposed protected areas in Uruguay. Source National Environment Agency- DINAMA.

58

C. Forest cover in Uruguay.

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D. Road network managed by CVU (2011)

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Annex 3. Main requirements to exploit quarry sites for national road works with DNV.

a. Inclusiones en el Inventario de Canteras de Obras Públicas. Montevideo 6 de julio de

2011

Tramite:

1) Solicitud del Contratista al Director de la obra, Jefe de Zona o Director de Obra de la

Intendencia, identificando el yacimiento, la ubicación y el destino del material.

2) Remisión de la misma por el Director de la Obra o Gerente de Regional, dando cuenta de la

necesidad del yacimiento, tipo de material y estimativo del volumen a extraer.

Documentación:

a) Gráfico de nivelación de la zona a explotar ( antes de iniciar los movimientos)

b) Ficha identificatoria de la cantera ( debe ser entregado con la firma y contra firma del

Propietario – Ocupante y del Representante Técnico de la Empresa)

c) Informe del padrón relativo a afectaciones mineras (Certificado expedido por DINAMIGE)

d) Croquis de Ubicación General, Plano de Deslinde ( con respecto a padrones linderos)

deberán expresar las medidas lineales y angulares o las coordenadas locales de los vértices que

permitan determinar tanto la zona a explotar como la ubicación de ésta dentro del padrón o

padrones afectados. Los planos deberán presentarse en tres vías (original y dos copias, firmados

por Ing. Agrimensor)

e) Copia de la comunicación a DINAMA del yacimiento a explotar aclarando Nº de padrón,

Sección Judicial y Departamento, según lo establecido en el numeral 11 del artículo 2 del

Decreto vigente 435/94 de 21 de setiembre que se transcribe a continuación.

“Extracción de minerales, cuando implique: la apertura de canteras, galerías o perforaciones que hubieran sido

abandonadas y cuya autorización original no hubiera estado sujeta a evaluación del impacto ambiental”

f) Certificado de Clasificación (respuesta del trámite)

PARA INICIAR LA SOLICITUD DE INGRESO DE CANTERAS EN EL INVENTARIO DE OBRAS PUBLICAS SE

DEBERA CONTAR CON TODOS LOS ELEMENTOS, DE OTRA FORMA NO SERAN TRAMITADOS.

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Annex 4. Main Uruguay Environmental, Health and Safety Legislation and Regulations

Nº Law or Regulation

Subject Date

Law 16.466 Law of Environmental Impact Assessment. Main Uruguayan legislation aims to protect the environment.

26 January 1994

Decree 435/94 Regulation of Environmental Impact Assessment which regulates the procedures for environmental impact assessment that activities, buildings or works originate in the environment. Regulation of Law 16.466.

21 September 1994

Decree 349/005 Replaced the Decre 435/94. Reglamento de evaluación de impacto ambiental y autorizaciones ambientales.

21 September 2005

Decree 176/003 Decree that approves the Environmental Manual of DNV as a national environmental management instrument

May 2003

Agreement National Agreement of cooperation between the Ministry of transport (MTOP) and the Ministry of Environment (MVOTA)

2 October 2002

Law 3.958 National Expropriation Act and its subsequent annexes, which compensates those affected by expropriation, the value of their land, improvements and damages.

28 March 1912

Law 5.032 Prevention of accidents at work. 21 July 1914

Decree Law 10.415 Use and transport of explosives. 12 February 1943

Decree 2605/943 Use and transport of explosives. 7 October 1943

Law 10.459 Recruitment. December 1943

Decree 365/969 Use and transport of explosives. 31 July 1969

Decree 353/975 Use and transport of explosives. 29 April 1975

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Decree 680/977 Regulating International Labour Conventions No. 81 and 129, which establishes the powers of the IGTSS to protect life, health of workers

6 December 1977

Circular 7 Safety rules for the carriage of explosives. Material and Equipment Service.

September 1978

Decree Low 14.859 Water Code (art. 153). 15 December 1978

Decree 253/979 Regulations to prevent pollution by controlling the waters.

9 May 1979

D.O. 31 May 1979

Law 15896 Prevention and Protection against fires accidents 15 September 1987

Law 15.903 Amendment to the Water Code (art. 193). 10 November 1987

Decree 406/988 Health, safety and occupational health. 3 June 1988

Decree 849/988 Preventing and fighting forest fires. 14 December 1988

Law 16074 Insurance against accidents and occupational diseases.

10 October 1989

Law 16.112 Law establishing the Ministry of Housing, Environment and Land Management.

30 May 1990

Decree 195/991 Appropriate standards of Decree 253/979 and effective amendments.

4 April 1991. D.O. 8 July 1991

Decree 91/993 Use and transport of explosives. 24 February 1993

Decree 261/993 Technical advisory committee of environmental protection.

4 June 1993

Law 17.220 HAZMAT Transport law 11 November 1999

Decree 303/994 Adequacy of Decree 261/993. 28 June 1994

Decree 310/994 Establishes National Planning Policy Territorial. 1 July 1994

Decree 320/994 Management of toxic and hazardous substances. 5 July 1994

Resolution 23-06-95 Creating national register of health and safety consultants work

23 June 1995

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Decree 89/995 Adapt regulations on safety and hygiene for the construction industry.

21 February 1995 14 March 1995

Decree 53/96 Creates the Delegate of Work Safety and Hygiene, appointed by the workers when the work occupies 5 workers or more or run over 8 feet high or excavations deeper than 1.50 meters.

14 February 1996

Decree 103/996 Approval of technical standards provided for in Decree 406/988, concerning health, safety and occupational health.

20 March 1996

Decree 283/996 Standards that ensure the physical integrity and health of workers.

10 July 1996

Decree 372/99 Regulates working conditions, safety, hygiene and occupational health in the forestry sector.

26 November 1999

Ley 17.220 Prohibition of introduction in any form or under any regime in areas under national jurisdiction, of all types of hazardous wastes.

11 November 1999

Ley Nº 17.234 Declaration of interest of the creation and management of a National System of Protected Natural Areas as a tool for implementation of policies and plans for environmental protection

22 February 2000

Decree 333 Regulations Law 15896. Prevention and Protection against Accidents (Bomberos)

21 November 2000

Law 17.283 Environmental Law 12 December 2000

Decree 179/001 Electrical hazard construction 16 May 2001

Law 17.593 Rotterdam Convention on the Implementation of Prior Informed Consent Procedure for Certain Pesticides and Hazardous Chemicals in International Trade, signed in Rotterdam on 10 September 1998

18 December 2002

Law 17.849 Use of non-returnable containers 29 December 2004

Decrees 64/04 y 169/04

Have the obligation to report diseases and health events reportable to the State Insurance Bank, Ministry of Health and Ministry of Labour and Social

2004

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Security

Decree 349/005 Law of Environmental Impact Assessment

Decree 291/007 Safety and health of workers and working environment. Regulating International Labour Convention No. 155.

13 August 2007

Law 18.191 Traffic and road safety in the territory. 30 October 2007

Decree 307/009 Require that measures be taken for safety and security for staff in order to avoid accidents at work and what are the mandatory minimum requirements for the management of prevention and protection against risks arising or likely to arise in productive activity in the chemical industry.

3 July 2009

Decree 291/009 Establishes mandatory minimum provisions in each company to create an instance of cooperation between employers and workers, whatever the form of cooperation agreed.

20 August 2009

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Annex 5. Decree 176/003 of the Republic of Uruguay that declares the Environmental Manual of DNV as a national environmental management instrument for road operations.

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Annex. 6. Main measures to be incorporated in the Environmental Manual of DNV. Issue Recommended Measures Road projects crossing or affecting protected areas declared or under study.

Describe EIA protocol, in particular for projects crossing protected area or under study. Include measure to consult with the National Protected System Department

General Environmental Specifications of bidding documents need to be updated

Review section of General Environmental Specifications

Agreed on a checklist and formats for reporting about implementation of Action Plan and the environmental management of the program

Include in the Manual a checklist and describe the format for project reporting of the progress of action plan and overall environmental and social management

Improve communication of the agencies involved in the DNV Road Program on activities, projects and potential social and environmental impacts with users

Include section in the EM describing how to develop a communication plan and local consultation to inform Municipalities, users (productive sector, education, road safety, police, tourism, other) and neighbors about the plans of the work to be done in their locality (before, during and after completion thereof). For works through concession, contracts and carried out by DNV.

Increase commitment of contractors to better environmental performance,

Include clause to increase the environmental fee and modify the bidding documents and contracts. -review of Environmental Bidding clauses (EAG) to ensure that contractors must have environmental staff in charge of the supervision and it includes measures according to this new operation.

Issues between the contractor and the workers related to housing, health and safety, etc.

-Upgrade or include occupational health and safety section in the EM and propose clause in contracts to ensure specifications and conditions of housing and basic services and compliance with national law -Improve checklist use to monitor occupational safety issues to verify issues affecting workers.

The EM needs a section that describes the roles and responsibilities of the members of the UAV to clarify and improve the operational management of the Environmental Unit of DNV.

-Include a section in the EM that describes the functions of the Environmental Unit staff and other stakeholders in monitoring and environmental management and site supervisors, technicians, auditors and others. A new professional will be hired to strengthen the UAM will provide support in environmental management and environmental impact assessment and hi/her responsibilities will include: preparing database of environmental information to improve coordination with the regional offices of the DNV, environmental training tasks to all levels; filing documentation to DINAMA, increase communications of DNV with stakeholders, field monitoring of works, preparation of guidelines for improving environmental management of camps site, DNV sites (Talleres), others.

Increase communication among the different units involved in the program

-Hold a workshop per year for those involved in carrying out work plans (design, construction, supervision, maintenance, others) to review the updated EM, improve coordination with the UAV and find solutions to current challenges, highlight training needs.

There are many environmental liabilities in the contractors camps and DNV Regional Offices/workshops

-Each contractor prior to the start of the work will make an assessment of environmental liabilities found in the work camp and before completion of the work it must resolved these liabilities prior approval by the UAV and director de obra. This will be part of the “plan de cierre.” -The new environmental staff to be hired for this operation, will prepare an environmental guide(including international standards) to reduce the problems of environmental liabilities, accumulative impacts, air emissions from asphaltic plants and water contamination from oils, cement, etc. Also, this professional will prepare a proposal for the final disposal of environmental liabilities DNV fields. Proposal is successfully executed in

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the most critical sites.

Lack of basic equipment for environmental monitoring

-Clause is included in the manual to include in bidding documents the periodic acquisition of basic equipment for environmental monitoring (vehicle, GPS, computers and tablets).

Road safety during construction affects school and high schools. to improve knowledge in schools (primary and secondary) on road safety, and environmental management of road maintenance program of DNV and its impacts and risks.

-Include section that defines the actions that must meet the contractors and road works DNV in providing information about traffic and environmental management so more schools and colleges know about road hazards and environmental impact / social works. - Share through the DNV website road safety and environmental information for schools and share teaching materials of other agencies involved in the issues.

Works developed by the same personnel of DNV regional office needs environmental and social strengthening

-Training on the updated Environmental Manual. -Verification and Control through Environmental Unit visits and audits to be contracted.

Potential spills of material, oil and solvent due to transport of materials

-environmental clauses in EM and Bidding documents (BD) -enforcement of environmental measures

Erosion, sediment run-off, compaction (slopes and drainage)

- improve description of sediment control measures

Interventions in urban areas of rural communities

-include specific measures (communication, signaling, etc) for urban areas interventions

Occurrence of Accidents due to road maintenance operations

-ensure safety signs and communication plan in place in the EM and Bidding documents -request insurance policies to contractors to ensure claims by affected injured people - Avoid construction at night - Installation and maintenance of safety traffic signs

Increasing contamination of water resources by operation of asphaltic and cement plants and camp sites

-Incorporation of the guideline that will be prepared by the new environmental staff in the EM to improve current management of camps management problems with oils and other hydrocarbons (toxic waste), concrete, water channels, drains natural and urban. -Update waste management section of the EM regarding management of toxic waste such as used oils that is necessary to place them in an waterproofed area to contain spillages.

Works trucks speeding and road safety issues, accidents in rural areas

-Describe contract penalties -Define on site supervision by DNV staff

Increasing erosion and impact of subterranean waters, impact on wetlands and river banks due to quarry operations

- Incorporation of the guideline that will be prepared as part of the Action Plan in the Environmental Manual -Increased environmental supervision by DNV staff -Coordinate capacity building with DINAMA

Lack of air quality standards to enforce air emissions for asphaltic plants

-Incorporation of a guideline in the EM that will be prepared by the new environmental staff, to reduce air emission and comply with international health standards-Coordinate measures with DINAMA

Lack of regulations for cutting of vegetation which is “no native”

-Define measures -Consult measures with DINAMA

Social issues arisen by the presence of contractors and workers in small rural communities (including HIV)

-Inclusion of Conduct Code in the bidding document and the Environmental Manual -Penalties in the bidding document -Supervision of contractor

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Annex 7. Sample of DNV road rehabilitation and maintenance projects and environmental categorization, according to the national legislation (Decree 349, 2005).

Source: UAV-DNV. 2012

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Annex 8: Main process to obtain an environmental license at DINAMA

The main steps to obtain an environmental license for works at DINAMA are the following:

1. The Technical Offices of DNV defines the roads to be intervened, according to available budget and priority works.

2. The Project Design or Road Conservation Department defines and designs the final works (new roads, rehabilitation or maintenance works).

3. If the works requires the “Autorización ambiental Previa” (AAP) the Environmental Unit prepares the information for the “Environmental Communication “Comunicación Ambiental” which includes a short description of the project, main environmental characteristics and proposes the category of the project (usually A). It also includes the “Ficha Ambiental” as requested by the Decree 435/94.

4. DNV sends the information about the project to DINAMA and request the environmental permit (Autorización Ambienta Previa -AAP)

5. DINAMA approves the categorization proposed for the works: A (lowest impact), B (medium Impact and requires an EIA) or C (highest impact and requires an EIA).

6. DINAMA decides with environmental instrument should be prepared: an EIA, and EMP, etc.

7. DINAMA issues the “Autorización Ambiental Previa” and the final resolution “Resolución Ministerial” for the proposed project and informs DNV.

The following chart summarizes DINAMA’s internal processes before the environmental license is issued. Fuente: UAV- DNV 2012

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Annex 9. Environmental management of the roads maintenance and rehabilitation Program at DNV. Fuente: UAV- DNV 2012

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Annex 10. Calculation of Compensation Article 29 of Law No. 3958 provides that compensation should be determined taking into account the market value of the property whose occupation is required at the time immediately before the expropriation, and damages that the owner prove and are a necessary consequence of the expropriation and should not be taken into account the benefits or future gains or hypothetical. The law also states that "if the work to be implemented in what is to be expropriated or destination that is dedicated, had to produce immediate increase in value and special to the rest of the property, the compensatory increase in value will be taken into account by the surveyors and valuers and the judge or court for the assessment of compensation. " The Task Force appointed to the work generates economic profile along the path, for which records are taken from earlier writings, recent sales prices, real estate information provided by area, Translations Data Domain Registration, etc. data. Determined the Economic Profile drawing up a database with the values resulting therefrom. With these data, the Expert appointed for each case considering the peculiarity of each pattern, determining the land value for each. To set the end, the expert appointed shall take into account the residual value of production and damage caused by the expropriation. Within this category of damages caused as a direct result of the expropriation include the following elements to determine the amount of compensation: • buildings that are in non-building area (total or partial) • loss of view and ornamentation • altimetry damages for the project or the same characteristics (noise pollution, vibration, etc.). • loss of profits of businesses or industries for the period they need to reinstall (lost profits) • Shipments of machinery and furniture, etc.. • Loss of productivity (fruit trees, forest, reduced tenure of head dairy pastures, etc.). • Change in operating methodology (access, distribution or work platforms, parlor, cold reservoirs, ponds, wells, etc.). • Costs of moving and / or transfers, and cost required to fill new residence • Low productivity in infrastructure leaving over-dimensioned • Alteration of the functionality of the property (reduced buildable area, circulation, access modification, sewers, etc.). • documentation costs (co-ownership regulations Horizontal Property, contracts, etc.). • Refurbishment of improvements partially affected (This is an exhaustive enumeration of the causes that to date are considered in determining compensation for damages).

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Annex 11. The Expropriation Process

1. The expropriation process requires approval of the proposed project by an executive order

(decreto del poder ejecutivo). The land to be expropriated is identified and the land register numbers of the affected properties are obtained.

2. Subsequently, a plan of the affected parcels (plano parcelario) is prepared. The plan

identifies each property with a number and includes information on the approximate area to be expropriated. Then an executive order is issued to proceed with the expropriation. The date of the executive order is taken as the "cut-off date" for determining the improvements on the land that are subject to compensation. The affected owners are notified about the issuance of the executive order, which is published in the Official Gazette and a newspaper with high circulation.

3. An interdisciplinary technical team is designated to carry out the field work. The team

initiates contacts with the affected landowners and other affected parties (renters, occupants, etc.) to establishing communication channels, explain the scope and the impact of the project, measure the affected land areas, and carry out an inventory of the improvements on the land.

4. In parallel, a socioeconomic census of the population directly affected by the expropriations

is carried out, as a tool to characterize this population, as well as land use in the affected properties. The impact of the expropriation on productive, commercial and community activities is analyzed. The date of the census is the “cut-off date” for determining the occupants of the land who are entitled to relocation assistance.

5. The team of engineers/land surveyors assigned to the project prepares an economic profile of

land prices in the project area, taking into account the data registered in deeds of land sales and data provided by real estate firms, public entities and any other sources that can provide information on property values. The current owners of the properties affected by the works are identified through data provided by the Registry of Property Transactions (Registro de Traslaciones de Dominio). Using this data, the technical staff appointed for each case consider the particularities of each property and determines the value of the land. The plans of the areas to be expropriated are drawn up and registered in the National Cadastre (Dirección Nacional de Catastro). The formal and technical requirements to be met by the plans to qualify for registration are set out in Executive Order 318/95 of 1995. (http://www.catastro.gub.uy/normascotejo.htm#318)

6. The expropriation file is prepared with data on the expropriated property, such as the

following: location; whether the expropriation is total or partial; name of the owner, number of the property assigned in the census; identification of the property plans; demarcation of the area to be expropriated; law declaring the project as one in the public interest; executive order that identifies the properties to be expropriated; valuation of the property (land and improvements on the land) and other losses and damages; and total compensation to be paid.

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7. The property owners and other parties affected by the expropriation are notified about the outcome of the appraisal. If there is an agreement on the appraisal, the Expropriation Minutes are signed and the land transfer in favor of MTOP becomes effective.

8. The expropriated party can remain in the expropriated property for a maximum period of 120

days after the signing of the Expropriation Minutes in order to harvest crops, relocate equipment relocation or build a new house. In such cases the expropriated party receives 80% of the compensation at the time of the signing of the Minutes, and the remaining 20% is paid after the property is released. Also, the construction schedule is modified taking into account the deadlines agreed with the expropriated parties for the release of the expropriated properties.

9. Any objections or comments submitted by the owner or third parties on the information

included in the expropriation file shall be settled by the Ministry of Transport and Public Works (DNTopografía and DNVialidad), whose resolutions can be appealed by the interested party before the Executive Branch through an administrative procedure .

10. In cases where an agreement on the compensation cannot be reached, the process of

expropriation continues in the judicial sphere, with the participation of advisors to both parties. The expropriation proceedings focus exclusively on the determination of the compensation (the value of the land and improvements taken, plus the value of damages caused as a direct result of expropriation). The Expropriation Law provides that the competent judges for cases of expropriation in the Department of Montevideo are the Magistrates of First Instance in Administrative Litigation – Jueces Letrados de Primera Instancia en lo Contencioso Administrativo (Law No. 15.881 art. 1), whereas the competent judges in other departments are the Justices of the Peace and the Magistrates of First Instance (Jueces de Paz y los Jueces Letrados de Primera Instancia), except in cases where judges with specialized competences are required (Law No. 16,220 art.320). On appeal, the cases are heard by the Courts of Appeals on duty.

11. The amount of compensation fixed by the Judge cannot be lower than the amount offered by

the Administration (Ministry of Transport and Public Works) or greater than the amount demanded by the expropriated person, except in cases where a higher compensation can be properly justified. The Law establishes that differences and disputes over the rights or identity of the expropriated person, or third parties and other claimants (such as tenants), shall not preclude the determination of compensation. In such cases, the presiding judge shall order the deposit (consignación) of the compensation that has been determined, so that it can be credited to the right person once the differences or disputes are resolved.

12. In order to gain possession of the land necessary for the project, the Administration may

pursue an “urgent taking of the possession of the land” through the judicial system, which requires a prior court order and the deposit of the compensation in an account specified by the court. The owner can collect the compensation immediately, while the judicial proceedings continue and the final compensation amount is set by the judge.

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13. For the purpose of expropriation, Article 106 of Law 14.106 of March 14, 1973, equates owner with full title with persons who can demonstrate continuous and peaceful possession of the land for over 10 years. Possession shall be proved by the means specified in Article 1 of Law 13899 of November 6, 1970.

14. In cases where expropriation causes physical displacement (relocation) or has significant

impacts on the income or livelihoods of affected persons, a resettlement plan is prepared and implemented, according to the provisions of the Manual of Social Management (Manual de Gestión Social). The following aspects are covered in the plan:

o a census of displaced persons; o measures to assist displaced persons and to mitígate adverse social impacts; o consultations with displaced persons about their preferences regarding resettlement

alternatives and income restoration strategies; o identification of vulnerable persons (among land owners, tenants, informal occupants

or other categories of displaced persons) for the purpose of defining the type of assistance to be provided;

o communications with and participation of displaced persons in the resettlement process;

o monitoring of the expropriation and relocation process until its completion; o definition of responsibilities of the executing agencies; o procedures for addressing grievances; o schedule of the implementation of resettlement and its relation to the construction

schedule; an budget.

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Annex 12. Main Environmental potential risks identified during preparation.

Risk description Risk rating

Proposed risk management measures

Timing for risk

management

Responsible

No hiring of environmental professionals for the Environmental Unit

High -Contract a full time environmental professional for the Environmental Unit

During project implementation

DNV

Lack of proper supervision of contractors

Medium -Increased Supervision by DNV During project implementation

DNV

General loss of engineers in DNV

High -Increased salaries or compensation package according to the results expected - create incentives


MTOP

Interventions that can affect protected areas

low -The Environmental Manual will describe the process to prepare an environmental evaluation


MTOP

Hiring of personnel with low experience and training

High -Hiring of personnel able to be trained in order to transmit the institutional procedures to maintain long term sustainability


MTOP

Lacking of transportation field and lab equipment for the UAV

High -purchased of field, lab equipment, computers and car


MTOP

Lack of an official communication and grievance mechanisms for responding to stakeholders claims

Medium -Grievance mechanism and communication plan


DNV

Poor contractor’s environmental performance

Medium -incorporate in the bidding document the request that the contractor will have on site an environmental staff in charge of the environmental supervision. -increase the ‘rubro ambiental’ environmental fee -six-monthly audits by DNV new staff

During preparation and project implementation

DNV

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Annex 13. Summary of Consultation inputs

Representative INPUT

Goverment • The Board of Transparency (Junta de Transparencia) has been consulted by your other colleagues in relation to existing procedures to control fraud. We can offer training to the project participants in public service ethic.

MTOP • The Constitution of the country already fixed the responsibility of caring for the environment and that people expropriated are entitled to fair and prior compensation. Why the Project addresses these issues?

MTOP • There are contractors who despite oh having ISO certification dumps trash in hidden places (basurales) and we cannot monitor everything. Supervision and controls must be adjusted to improve waste management in the works.

MTOP • The loan disbursement will occur when compliance is reached and the selected indicators reflect the general state of the country's road systems. Why to use these indicators since the loan only finances a small part of the program?

MTOP • Occupational safety is a challenge; there is only one person in the Environmental Unit for the whole country. It is also a national problem no professionals. You have to train more people.

MTOP • What impact will the ESGAS has in the funding approval process?

citizen • There are many environmental liabilities related to the program such as old road materials left in the right of way, buried fuel tanks and old signs in the DNV work site. How will this be solve ?

Contractor • Our main relationship is with the engineer project director, but there is little guidance on environmental issues we face. For instance knowing what to do with the old tires, control air emissions would help us a lot.

local leader • There are few companies that comply with the law, if they fail to comply with road safety and workers issues, they will even less comply with the environment regulations.

Contractor •We are interested in training in environmental and social issues; to make things better is part of our policies.

Municipality • There are national roads which crossed the centers of the municipalities and this creates a lot of heavy traffic and road safety issues. The municipalities would benefit from any training that provides the project. Municipalities should work closely with the Regional DNV Office.

Municipality •The municipality wants to build an environmental unit, to improve road projects and overall land use planning but there not professionals around

MTOP • Professionals have low salaries in the government and they leave as soon as they can to the private sector are. This affects the capacity of the MTOP.

MTOP • The occupation of right of way by farmers or other type of occupants is not very common on the roads of Uruguay, but it happens occasionally by farmers and can affect road safety.

Local police • The prevention road signaling during construction is critical. We attend accidents all the time, at night, if we see a dangerous hole in the road, and we put prevention signs such as cones. Next day, we notify the Municipality and the DNV Office, but it is in another city. Sometime the pothole get repair. Communication between DNV and the local police is necessary.

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Concesionary • CVU has made an effort to improve communication with society, we make public in our website audit reports, our policies and financial reports. We have also requested to all of our contractors to be certified ISO 14001, 9000 and 18000. We are working in a new best practice environmental manual and we will have a workshop in a few weeks with contractors.

Contractor • The environmental fee is good measure, but it represents a low percentage. It could be increased.

local police • There are roads which are used very much by tourists who do not know the conditions of the road or if there are works ahead. It is recommended to coordinate with this sector to prevent accidents.

MTOP • The Minister makes an announcement periodically of the road maintenance plans to be performed every five years to representatives from different institutions. They are called “Jornadas Tecnicas”

citizen • The Communication of road works is needed in the short time to remember and to reach people in the localities where the works will take place.

Local NGO •we Need more crosswalks and road signaling in hazardous sectors, especially in areas where there are access to the main roads.

MTOP • We are aware that human resources needs that we have and there are certain jurisdictions where is difficult to implement certain aspects of the Expropriation Act. The problem of the declining human resource is identified in the report, but in the Action Plan there is not any measure to address this weakness in the system.

citizen • Sometimes, we see materials and some works in the road, but suddenly nothing happens, and you do not know what is happening if the work has finished or not. We need more communication from the MTOP.

MTOP • The road works are planned in stages and the contractor must be approved a plan to move to another section. It is true that it road works could be better informed.

MTOP • The update of the environmental manual is needed to improve many things, there is now a consultant working in this.

citizen • Information about the road projects through the “Mesa de Desarrollo Rural”, municipalities (Intendencias), local radio and newspapers can improve communication channels of Ministry with the stakeholders.

local leader • Road projects may impact negatively not only the area but because of their design and the lack of signaling. But what about national roads crossing communities or urban centers? These are impacted not by local traffic, but the national traffic. Municipalities lack the capacity or budget to maintain these roads; we need more cooperation with DNV to manage these sections. There are not long, here is only 2km.

Contractor • We have invested in environmental improvements through the ISO certifications. It was mandatory by CVU. This initiative has helps to increase quality and the environment.

citizen • In urban centers where national roads are crossing (there are several in the country); there is noise, but otherwise the transit brings economic development to the community.

citizen • When road maintenance is planned and traffic will be affected, why user not notified with time? For instance, OSE informs ahead of time that it will be water

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shortcuts in a specific day and time. Now there is internet, social media and the radio that can be use to inform.

local leader • If there are more signs, there will be more tolerance, signs are important because it visual information, but some people will not see them. For these, information in the radio will be best.

MTOP • DNV needs more training in occupational safety, traffic management, and communication.

citizen •MTOP need more staff to make decisions and see things happening on the roads

local leader • Before MTOP had a program road safety with the schools, it should reopen and contractors should also reach schools system. There are many schools build in front of the primary road network.

local leader • The works are made without consulting the agriculture sector, for example many times we just started to harvest, and a road work starts which causes delays and the need to use other routes increasing heavy traffic on roads that are not prepare for heavy traffic. Increased communication would help to coordinate better.

local leader • There is little participation of the Municipalities in the program. What it is the cost to make available the regional work plan and rural roads plan?

citizen • The road works are finished but the road is left by months without painting. This is dangerous.

citizen • There are road in very bad conditions, for instance Route 30 is an example, people prefer to go to Brazil and re‐enter the country to go to Artigas. Also in the roads where there is timber traffic to the ports, there is also much deterioration.

MTOP • The practice in DNV is not to consult because it is considered that we know what it needed in the roads. Yes, it will be good to improve communication between DNV and the stakeholders.

MTOP • We are preparing a new manual for the supervision of works which will allow new project supervisors, to know what to do. This complements the Environmental Manual.

citizen • It would be better not to repair the roads which are full of potholes, because they placed such a thing layer of asphalt, and this layer deteriorates quickly and gets worse. It will be best to leave the road with gravel only.

citizen • Perhaps where there is DNV's regional offices there is more communication but not here.

local leader • The large road contract sign can include the phone where to call to resolve a complaint or problem.

local leader • Municipalities need support training in environmental management, occupational health. Some time ago we participated in some training activities lead by the ministry, but there not been any lately.

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List of participants in the two consultations

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Registro Fotográfico de consultas y de algunas visitas de campo

Consulta Montevideo, Junio, 22, 2012

Consulta Montevideo, Junio, 22, 2012

Consulta Trinidad, Flores, Septiemebre 12, 2012

Consulta Trinidad, Flores, Septiemebre 12, 2012

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Taller Focal personal DNV, Febrero 16, 2012

Taller Focal personal DNV, Febrero 16, 2012

Taller Focal personal DNV, Febrero, 2012

Visita Planta Procesadora y cantera

Environmental and Social Systems Assessment (ESSA)...Decree 176/003 in 2003. Thus, the Environmental...

Documents

Transcript of Environmental and Social Systems Assessment (ESSA)...Decree 176/003 in 2003. Thus, the Environmental...