THE WORLD BANK - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) Government of the Republic of Croatia/Ministry of Justice, Justice for Business Program, P167247 Draft ENVIRONMENTAL and SOCIAL COMMITMENT PLAN (ESCP) December 30, 2019 1|Page THE WORLD BANK - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN 1. The Republic of Croatia through the Ministry of Justice (MoJ) as the main implementing agency will implement the Justice for Business Program (the Project). The International Bank for Reconstruction and Development (hereinafter the Bank) has agreed to provide financing for the Project. 2. The Republic of Croatia will implement material measures and actions so that the Project is implemented in accordance with the Environmental and Social Standards (ESSs). This Environmental and Social Commitment Plan (ESCP) sets out material measures and actions, any specific documents or plans, as well as the timing for each of these. 3. The Republic of Croatia will also comply with the provisions of any other E&S documents required under the ESF and referred to in this ESCP, such as Environmental and Social Management Plan Checklists (ESMP Checklists), Cultural Heritage Management Plans (CHMPs), the Stakeholder Engagement Plan (SEP), the Labor Management Procedures (LMP), and the timelines specified in those E&S documents. 4. The Republic of Croatia is responsible for compliance with all requirements of the ESCP even when implementation of specific measures and actions is conducted by the Ministry, agency or unit referenced in 1. above. 5. Implementation of the material measures and actions set out in this ESCP will be monitored and reported to the Bank by the Republic of Croatia as required by the ESCP and the conditions of the legal agreement, and the Bank will monitor and assess progress and completion of the material measures and actions throughout implementation of the Project. 6. As agreed by the Bank and the Republic of Croatia, this ESCP may be revised from time to time during Project implementation, to reflect adaptive management of Project changes and unforeseen circumstances or in response to assessment of Project performance conducted under the ESCP itself. In such circumstances, the Ministry of Justice (for the Republic of Croatia) will agree to the changes with the Bank and will update the ESCP to reflect such changes. Agreement on changes to the ESCP will be documented through the exchange of letters signed between the Bank and the Ministry of Justice (for the Republic of Croatia). The Ministry of Justice will promptly disclose the updated ESCP. 7. Where Project changes, unforeseen circumstances, or Project performance result in changes to the risks and impacts during Project implementation, the Republic of Croatia shall provide additional funds, if needed, to implement actions and measures to address such risks and impacts, which may include environmental impacts related to construction (e.g. asbestos removal and waste disposal), health, and safety impacts (e.g. stability of buildings, accidental situations, etc.), as well as impacts to cultural heritage (chance findings, additional needs or requests for conservation and similar). 2|Page THE WORLD BANK - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION 2.0 – July 2019 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBILE ENTITY/AUTHORITY MONITORING AND REPORTING A REGULAR REPORTING Every six months throughout Project Project Implementation Unit (PIU) within Prepare and submit regular monitoring reports on the environmental, implementation in conjunction with the the Ministry of Justice (MoJ) social, health and safety performance of the Project, including Project’s progress reports, or as concluded implementation of the ESCP, and any E&S due diligence document after progress review. prepared or to be prepared and implemented (ESMP Checklist and Funding from the Project budget CHMP; depending of the type of the subproject) for the Project, in form and substance acceptable to WB. B INCIDENTS AND ACCIDENTS Any incident or accident shall be notified PIU Project Coordinator Notify within 24 hours any incident or accident related to the project or immediately after taking note of the that has an impact on it, and that has or could have a significant adverse incident or accident, report to the Task Funding from the Project budget. effect on the environment, the affected communities, the public, or the Team Leader of the Bank workers included, for example, occupational accidents that could result in serious injury, minors, injuries, falls, vehicle accidents, larger spills of chemicals, oils, fuels, etc. The MoJ will provide sufficient detail regarding the incident or accident, indicating immediate measures taken to address it and include any information provided by any Contractor/Subcontractor or supervising engineer. Incident and accidents reporting requirements will be incorporated into the project implementation and procedures manuals. C CONTRACTORS MONTHLY REPORTS Monthly and upon request from the PIU (in PIU to place the requirement clause in the Contractors will provide monthly monitoring reports to the Project the case of incidental or unexpected contract Implementing Unit. situations) Contractor ESS 1: ASSESSMENT AND MANAGEMENT OF ENVIRONMENTAL AND SOCIAL RISKS AND IMPACTS 1.1 ORGANIZATIONAL STRUCTURE An organizational structure including MoJ Establish an organizational structure (PIU) with qualified staff to support environmental and social specialists will be management of environmental and social risks of the Project including established within 30 days after Project environment and social specialists responsible for ensuring full effectiveness. The organizational structure, Funding from the Project budget compliance with the ESF and relevant instruments. including the specialists, should be maintained throughout Project implementation 3|Page THE WORLD BANK - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION 2.0 – July 2019 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBILE ENTITY/AUTHORITY 1.2 ENVIRONMENTAL AND SOCIAL ASSESSMENT ESMP Checklist for Vinkovci, Zagreb and MoJ should prepare ESMP Checklists or Update, adopt, and implement, the Environmental and Social Kutina will be prepared, disclosed and update existing ESMP Checklists and Management Plan (ESMP) Checklists and Cultural Heritage Management consulted prior to appraisal. CHMPs with the support of PIU ESS Plans (CHMPs) for sub-projects in Vinkovci, Zagreb and Kutina. CHMP for Vinkvci and Zagreb will be SEP will be prepared as a tool for identification and engagement and prepared, disclosed and consulted prior to ESMP Checklist should be implemented by solicit feedback by different stakeholders on project and sub-project level appraisal. Once prepared, ESMP Checklists contractor and supervising engineer. but as well as to identify and manage social and environmental risks and apply throughout Project implementation. impacts from the project and proposing appropriate mitigation measures ESMP Checklists will be updated as SEP should be implemented by PIU for implementation during the project realization. necessary to be in line with final designs and submitted for the Bank approval before Funding from Project funds launching the bidding process for the respective locations. Once approved, the ESMP Checklists are carried out throughout Project implementation 1.3 MANAGEMENT TOOLS AND INSTRUMENTS ESMP Checklist and CHMP for Varazdin will MoJ should prepare ESMP Checklists or be prepared during project implementation update existing ESMP Checklists and Prepare, update, adopt, and implement, the (ESMP) Checklists and CHMP and will be disclosed and consulted before CHMPs with the support of PIU ESS for sub-project in Varazdin. contracting and commencing works. ESMP Checklist should be implemented by contractor and supervising engineer. SEP should be implemented by PIU Funding from Project funds 4|Page THE WORLD BANK - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION 2.0 – July 2019 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBILE ENTITY/AUTHORITY 1.4 MANAGEMENT OF CONTRACTORS Prior to the preparation of procurement PIU MoJ will develop and implement procedures for managing Contractors documents. and subcontractors. Incorporate the obligation of prepared an Environmental Health and Prior to signature of contracts Safety (EHS) plan/Labor Management Procedures (LMP) into the contractual agreements with contractors and subcontractors. Implementation of the management tools Environmental and Social obligations will be included in all bidding and instruments required throughout documents including the contractual agreements. Project implementation Supervision of contractors throughout Project implementation ESS 2: LABOR AND WORKING CONDITIONS 2.1 LABOR MANAGEMENT PROCEDURES LMP will be refined further by Project Develop maintain and implement, throughout Project implementation, effectiveness. PIU labor management procedures consistent with national legislation and Prior to performing work. ESS2, and ensure they are available to Project workers and all sub- Funding from the Project budget contractors engaged. The Labor management procedures (LMP) will LMP to be applied throughout Project address all issues identified in ESS2, including the applicable implementation requirements regarding non-discrimination and equal opportunity. Update, adopt, and implement the LMP that have been developed for the Project. 2.2 GRIEVANCE MECHANISM FOR PROJECT WORKERS Grievance mechanism operational prior to Project Manager (PIU) Develop, maintain, and operate a grievance mechanism for Project engaging Project workers and maintained workers -as described in the LMP and consistent with national labor throughout Project implementation. Funding from project resources and legislation and the ESS2 requirements. related labor and employment Information about grievance mechanism is contractor budget matters, easily accessible and promptly disclosed to Project workers, in disseminated to project workers. line with ESS2 and labor laws in Croatia. 5|Page THE WORLD BANK - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION 2.0 – July 2019 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBILE ENTITY/AUTHORITY 2.3 OCCUPATIONAL HEALTH AND SAFETY (OHS) MEASURES Contractual obligation Project Manager (PIU) Develop and implement occupational health and safety measures Maintained throughout Project Funding from project resources (OHS), including emergency preparedness and response measures, implementation project workers training to heighten awareness of possible risks (PPE, Before commencement of works at any of first aid, firefighting equipment, etc.), injuries and to mitigate impacts the sites. on local communities. LMP to be applied throughout Project implementation ESS 3: RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT 3.1 RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND Contractual obligation Contractors MANAGEMENT: The Contractor will develop and implement measures Maintained throughout Project and actions defined in ESMP Checklists. All waste streams that will be implementation. generated on spot should be identified and monitored ESS 4: COMMUNITY HEALTH AND SAFETY 4.1 TRAFFIC MANAGEMENT PLAN: As part of its bid the successful During project implementation PIU Contractor is required to submit a preliminary TMP. Before work commencement updated TMP will be submitted to ESS and will form Funding from project resources part of ESMP or ESMP Checklist. 4.2 CONSULTATION AND COMMUNITY AWARENESS: Prepare, adopt, and The ESMP Checklists shall be disclosed with PIU implement measures and action to assess and manage specific risks and adequate time to facilitate public impacts to the community arising from Project and include these consultations prior to start of any works. measures in the ESMP Checklists. Grievance mechanisms will be available throughout project implementation Throughout project implementation ESS 8: CULTURAL HERITAGE 8.1 CHANCE FINDS: Chance find procedures will be part of all contracts Prior any commencement of works and Contractors involving any works under the project. maintained throughout construction. Throughout Project Implementation 8.2 CULTURAL HERITAGE MANAGEMENT PLANS: Prepare, update, adopt, Prepare before appraisal, implement during PIU and implement, the Environmental and Cultural Heritage Management project implementation Plans for Vinkovci and Zagreb 6|Page THE WORLD BANK - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION 2.0 – July 2019 8.3 CULTURAL HERITAGE MANAGEMENT PLANS: Prepare, update, adopt, Prepare during project implementation, PIU and implement, the Environmental and Cultural Heritage Management and before commencement of works Plans for Varazdin ESS 10: STAKEHOLDER ENGAGEMENT AND INFORMATION DISCLOSURE 10.1 SEP PREPARATION: Develop, disclose and implement Stakeholder During Project preparation and no later Project Preparation Team and PIU Engagement Plan (SEP). than Project appraisal Funding from the Project budget 10.2 SEP IMPLEMENTATION: The SEP may be amended and updated (and Throughout Project life cycle PIU redisclosed) as needed during Project implementation. Funding from the Project budget 10.3 PROJECT GRIEVANCE MECHANISM: Prior to appraisal. Maintenance and PIU (Project Manager) Prepare, adopt, maintain and operate a grievance mechanism, as operation throughout project described in the SEP. implementation. Regular maintenance of Funding from the Project budget The SEP includes a commitment to communicate to stakeholders the grievance database. establishment of the grievance mechanism to ensure that affected stakeholders are aware of its existence and familiar with the process for submitting grievances to such grievance mechanism. CAPACITY SUPPORT (TRAINING) CS1 MoJ should have on board Environmental and Social Specialist (ESS). Environmental and Social Specialist should MoJ be hired within 30 days after Project effectiveness Funding from Project budget CS2 Relevant Ministry Staff training on: Throughout Project Implementation, at PIU ESS - SEP minimum once a year. - ESMP Checklist preparation, updates and oversight Funding from the Project budget - LMP oversight And other topics as relevant CS3 Training for the contractors on implementation of environmental and Throughout of the project implementation, PIU ESS social due diligence documents preferred timing would be after the signing of the contract and before commencement Funding from the Project budget of works 7|Page