OFFICIAL DOCUMENTS CREDIT NUMBER 6413-NE Financing Agreement (Additional Financing for the Disaster Risk Management and Urban Development Project) between REPUBLIC OF NIGER and INTERNATIONAL DEVELOPMENT ASSOCIATION CREDIT NUMBER 6413-NE FINANCING AGREEMENT AGREEMENT dated as of the Signature Date between the REPUBLIC OF NIGER ("Recipient") and INTERNATIONAL DEVELOPMENT ASSOCIATION ("Association"). WHEREAS (A) under an agreement, dated December 11, 2013, between the Recipient and the Association ("Original Financing Agreement"), the Association agreed to provide the Recipient with a credit ("Original Credit") in an amount equivalent to sixty-five million one hundred thousand Special Drawing Rights (SDR 65,100,000) to assist in financing the project described in Schedule I to the Original Financing Agreement ("Original Project"). Such Original Financing Agreement was amended on April 12, 2016; (B) the Recipient has requested the Association to provide additional financial assistance in order to (i) address the financing gap caused by the activation of the IRM in response to the negative impact of the El Nifto flooding induced in 2016; and (ii) scale up emergency recovery related activities ("Additional Financing"); and WHEREAS the Association has agreed, on the basis, inter alia, of the foregoing to extend such Additional Financing to the Recipient upon the terms and conditions set forth in this Agreement. [End of the page left intentionally blank] -2- The Recipient and the Association hereby agree as follows: ARTICLE I - GENERAL CONDITIONS; DEFINITIONS 1.01. The General Conditions (as defined in the Appendix to this Agreement) apply to and form part of this Agreement. 1.02. Unless the context requires otherwise, the capitalized terms used in this Agreement have the meanings ascribed to them in the General Conditions or in the Appendix to this Agreement. ARTICLE II - FINANCING 2.01. The Association agrees to extend to the Recipient a credit, which is deemed as Concessional Financing for purposes of the General Conditions, in an amount equivalent to twenty-one million nine hundred thousand Euro (EUR 21 900 000.) (variously, "Credit" and "Financing"), to assist in financing the project described in Schedule 1 to this Agreement, which corresponds to an amended version of the Original Project ("Project"). 2.02. The Recipient may withdraw the proceeds of the Financing in accordance with Section III of Schedule 2 to this Agreement. 2.03. The Maximum Commitment Charge Rate is one-half of one percent (1/2 of 1%) per annum on the Unwithdrawn Financing Balance. 2.04. The Service Charge is the greater of: (a) the sum of three-fourths of one percent (3/4 of 1%) per annum plus the Basis Adjustment to the Service Charge; and (b) three-fourths of one percent (3/4 of 1%) per annum; on the Withdrawn Credit Balance. 2.05. The Payment Dates are April 1 and October 1 in each year. 2.06. The principal amount of the Credit shall be repaid in accordance with the repayment schedule set forth in Schedule 3 to this Agreement. 2.07. The Payment Currency is Euro. ARTICLE III - PROJECT 3.01. The Recipient declares its commitment to the objective of the Project. To this end, the Recipient shall carry out the Project in accordance with the provisions of Article V of the General Conditions and Schedule 2 to this Agreement. -3- ARTICLE IV - EFFECTIVENESS; TERMINATION 4.01. The Effectiveness Deadline is the date one hundred and twenty (120) days after the Signature Date. 4.02. For purposes of Section 10.05(b) of the General Conditions, the date on which the obligations of the Recipient under this Agreement (other than those providing for payment obligations) shall terminate is twenty (20) years after the Signature Date. ARTICLE V - REPRESENTATIVE; ADDRESSES 5.01. The Recipient's Representative is the Recipient's prime minister. 5.02. For purposes of Section 11.01 of the General Conditions: (a) the Recipient's address is: Cabinet du Premier Ministre B.P. 893 Niamey Republic of Niger Telephone: +227 20 72 59 11/12 (General Secretariat) +227 20 72 26 99 (Cabinet Minister) and (b) the Recipient's Electronic Address is: Facsimile: +227 20 72 26 99 5.03. For purposes of Section 11.01 of the General Conditions: (a) The Association's address is: International Development Association 1818 H Street, N.W. Washington, D.C. 20433 United States of America; and (b) the Association's Electronic Address is: Telex: Facsimile: 248423 (MCI) 1-202-477-6391 -4- AGREED as of the Signature Date. REPUBLIC OF NIGER Approved By: Authorized Iepresentative, Ministry of Finance Name: b\ f\ DO tof Title: ______ ___ Date: OA- Signed By: Authorized R reseht tive, Ministry of Planning Name: &Lhl.11 PhI111 KkHG Title: MI,if5loe l Rain, Date: 0), Spi ba onI INTERNATIONAL DEVELOPMENT ASSOCIATION By Authorized Representative Name: c Title: L A Date: Scemf *L,Z 2J00 -5- SCHEDULE 1 Project Description The objective of the Project is to improve the Recipient's resilience to natural hazards through: (i) selected disaster risk management interventions in targeted project sites; and (ii) strengthening of the Recipient's capacity to respond promptly and effectively to an eligible crisis or emergency. The Project consists of the following parts of the Original Project, as modified below: Part 1: Flood Risk Management Investments 1.1 Drainage, irrigation and socio-economic priority infrastructure, including: (a) Construction and/or rehabilitation of drainage canals and collectors and development of waste management systems; (b) rehabilitation of drinking water supplies and social infrastructures; and (c) rehabilitation of irrigated perimeters. 1.2 Flood protection infrastructure, including: (a) improvement of river bank protection through (i) mechanical, and (ii) biological processes; (b) stabilization of sandy intermittent streams ("koris"); and (c) rehabilitation and upgrading of dikes. 1.3 Rehabilitation of watersheds, including: (a) development of sustainable land and water management practices; (b) rehabilitation and development of pond control structures; (c) sand dune fixation; (d) reshaping or re-profiling of drainage canals; and (e) land restoration measures. Part 2: Capacity Building for Urban Development and Disaster Risk Management 2.1 Support to elected officials, municipal services and civil society, including: (a) strengthening of local government's fiduciary and technical capacity, collaboration frameworks (inter-government management), information management systems and capacity; and (b) development of regional and municipal development, sanitation and land use master plans. 2.2 Development of national capacities with a crosscutting approach focusing on institutional collaboration and integration of Project activities into the Recipient's relevant institutions through, inter alia: (a) the development of a national sanitation policy on storm water, wastewater, basic sanitation, and solid waste; (b) capacity strengthening for planning in urban and rural areas; and (c) provision of equipment and training to monitor river water levels and flows and maintain irrigated perimeters. -6- 2.3 Strengthen disaster risk management capacities at the national and local levels, through, inter alia, risk evaluation, risk reduction, emergency preparedness and response, through activities such as the development of risk atlas (hazard exposure, vulnerability and loss probability information), development of real-time multi- hazard information systems for proper monitoring of risk and available resources, provision of equipment and training for emergency response, preparation of standard operating procedures for early warning and response, preparation of guidelines for safe construction practices, and mainstreaming of disaster risk reduction and climate adaptation into the development process. 2.4 (a) High resolution imagery: (i) acquiring high-resolution imagery of Niamey, Dosso, Diffa, Tillaberi, Agadez, and Tahoua, (ii) acquiring the necessary equipment to replicate and further develop high-resolution imagery, and (iii) capacity building for national and local authorities to use said imagery for development purposes such as urban management, solid waste management and school demand; (b) (i) Provision of basic equipment to key institutions, (ii) training of youth and community members on digital cartography and university students, professors, public servants, and local private sector enterprises on using the latest mapping technologies; (c) Contributing to the renovation of some of the premises and equipment of the existing International Crops Research Institute for the Semi-Arid Tropics ("ICRISAT"), for the purpose of serving as a training facility, collaborative space and FabLab (the "Center"); and (d) Selecting local start-ups projects and supporting them by providing training, mentoring and access to the space and equipment of the Center. Part 3: Project Management Project coordination, management and monitoring, preparation of financial audits and periodic evaluations, and provision of goods, Training, Operating Costs and consultants' services required therefor. Part 4: Capacity to Respond Promptly and Efficiently to an Eligible Crisis or Emergency Providing immediate response to an Eligible Crisis or Emergency, as needed, including mitigation, recovery and reconstruction. -7- SCHEDULE 2 Project Execution Section I. Implementation Arrangements A. Institutional Arrangements. 1. National Steering Committee (a) The Recipient shall establish and maintain, at all times during the implementation of the Project, a Project steering committee with a mandate, composition and resources satisfactory to the Association ("National Steering Committee"). (b) Without limitation upon the provisions of paragraph (a) of Section I.A.1 of this Schedule 2, the National Steering Committee shall be chaired by a representative of the Recipient's prime minister's office and shall be comprised of, inter alia, a representative of the Recipient's ministries responsible for planning, finance, agriculture, urban development, environment, water resources and interior; official representatives of the Target Regions; and a representative of the Niger Municipality Association. (c) The National Steering Committee shall meet at least twice annually and shall be responsible for Project oversight, including inter alia: (i) reviewing the proposed Annual Work Plans and Budgets for the Project; (ii) providing overall Project oversight and guidance; and (iii) identifying necessary Project adjustments based on monitoring and evaluation reports. 2. Project Coordination Unit (a) The Recipient shall establish and maintain at all times until the completion of the Project, a Project coordination unit within Recipient's prime minister's office with terms of reference and resources satisfactory to the Association ("PCU"). (b) Without limitation upon the provisions of Paragraph (a) of Section I.A.2 of this Schedule 2, the PCU shall at all times: (i) be comprised of qualified and experienced personnel in adequate numbers, including, inter alia, a Project coordinator, a financial management specialist, a principal accountant, a procurement specialist, an environmental specialist and a monitoring and -8- evaluations specialist, all with qualifications and terms of reference acceptable to the Association; and (ii) be responsible for the day-to-day Project coordination, including: (A) preparing proposed overall Annual Work Plan and Budget for the Project, updating the Procurement Plan and consolidating the Project reports for the National Steering Committee; (B) carrying out all Project procurement activities including developing and maintaining a comprehensive procurement filing system for the Project; and (C) coordination of monitoring and evaluation activities for the Project. 3. Regional Project Implementation Units (a) Notwithstanding the provisions of Section I.A.2 to this Schedule 2, the Recipient shall establish and maintain at all times during the implementation of the Project, a regional Project implementation unit in each of the Target Regions of the Project with a mandate, composition and resources satisfactory to the Association ("PIU"). (b) Without limitation upon the provisions of paragraph (a) of Section I.A.3 above, each PIU shall at all times be comprised of qualified and experienced personnel in adequate numbers and to this end: (i) shall be led by a representative of the Project acceptable to the Association and (ii) shall be comprised of, inter alia, relevant technical specialists and regional representatives of the Recipient's ministry responsible for urban development, water resources, agriculture, and environment, including a procurement officer and accountant for each PIU, with qualifications and terms of reference acceptable to the Association. (c) Each PIU shall be responsible for the day-to-day implementation and management of the Project in the applicable Target Region. 4. Central and local governments The Recipient shall ensure that its relevant ministries, regional departments of said ministries and municipalities of the Target Regions provide support to the PCU and each PIU, as applicable, through, inter alia, the identification of activities, preparation of designs, plans and estimates for Project activities, monitoring and evaluation of the activities, as the case may be, each in its respective area of competence. -9- B. Project Implementation Manual 1. The Recipient shall update, under terms of reference acceptable to the Association, and furnish to the Association for approval a revised implementation manual for the Project, setting forth, inter alia, the detailed arrangements and procedures for: (a) institutional coordination and day-to-day execution of the Project; (b) disbursement and financial management; (c) procurement; (d) environmental and social safeguards management; (e) monitoring, evaluation, reporting and communication; and (f) selection criteria for the selection of start-ups pursuant to Part 2.4(d) of the Project. 2. The Recipient shall afford the Association a reasonable opportunity to exchange views with the Recipient on the proposed Project implementation manual, and shall thereafter adopt such manual as shall have been approved by the Association ("Project Implementation Manual"). 3. The Recipient shall carry out the Project in accordance with the Project Implementation Manual. 4. Except as the Association shall otherwise agree, the Recipient shall not assign, amend, abrogate, or waive the Project Implementation Manual, or any provision thereof. 5. In the event of any conflict between the provisions of the Project Implementation Manual and those of this Agreement, the provisions of this Agreement shall prevail. C. Annual Work Programs and Budgets 1. Not later than November 30 in each calendar year (or two month after the Effective Date for the first year of Project implementation), the Recipient shall prepare and furnish to the Association: (a) a draft annual work plan and budget for the Project (including Training and Operating Costs) for the subsequent calendar year of Project implementation, of such scope and detail as the Association shall have reasonably requested; as well as (b) any Supplemental Social and Environmental Safeguard Instruments which are required for the implementation of the activities included in the draft annual work plan and budget. 2. The Recipient shall afford the Association a reasonable opportunity to review such draft annual work plan and budget, and thereafter shall carry out such annual work plan and budget during such subsequent calendar year as shall have been approved by the Association ("Annual Work Plan and Budget"). Only those activities that are consistent with the Annual Work Plan and Budget shall be eligible for financing out of the proceeds of the Financing. -10- 3. For any training proposed to be included in an Annual Work Plan and Budget, the Recipient shall, inter alia, identify: (a) particulars of the training envisaged; (b) the criteria for selection of the personnel to be trained, and such personnel if known; (c) the selection method of the institution or individuals conducting such training; (d) the institution conducting such training if identified; (e) the purpose and justification for such training; (f) the location and duration of the proposed training; and (g) the estimate of the cost of such training. 4. Annual Work Plans and Budgets may be revised as needed during Project implementation subject to the Association's prior written approval. D. Safeguards 1 . The Recipient shall ensure that the Project is carried out in accordance with the Safeguards Instruments and shall ensure or cause to be ensured that no provision of the Safeguards Instruments is amended, suspended, abrogated, repealed or waived without the prior written approval of the Association. 2. The Recipient shall ensure that all bidding documents and contracts for civil works under the Project include the obligation of contractors, subcontractors and supervising entities to: (a) comply with the relevant aspects of the Safeguard Instruments; (b) adopt and implement measures to assess and manage the risks and impacts of labor influx; and (c) adopt and enforce codes of conduct that should be provided to and signed by all workers, detailing measures on environmental, social, health and safety, and gender-based violence; all as applicable to such civil works commissioned or carried out pursuant to said contracts. 3. The Recipient shall take the following actions in a manner acceptable to the Association: (a) Project activities shall be screened in accordance with the ESMF and RPF to determine if any ESMP, or RAP is needed. (b) Whenever an ESMP would be required on the basis of the ESMF: (i) each ESMP shall be prepared in accordance with the requirements of the ESMF, adopted and disclosed by the Recipient, and subject to prior approval by the Association; and (ii) the Recipient shall refrain from tendering any civil works contract during Project implementation unless and until such ESMP has been prepared in accordance with the ESMF, adopted and disclosed by the Recipient, and approved by the Association; and (c) Whenever a RAP would be required on the basis of the RPF: (i) the Recipient shall prepare each such RAP in accordance with the -11- requirements of the RPF and subsequently adopt and disclose said RAP subject to prior approval by the Association; (ii) the Recipient shall ensure that sufficient funds are made available to cover all the costs of implementing Project-related resettlement, in accordance with the RPF and resettlement action plan(s); (iii) the Recipient shall refrain from tendering any civil works contract during Project implementation unless and until such RAP has been prepared in accordance with the RPF, adopted, disclosed and implemented by the Recipient, and approved by the Association; and (iv) the Recipient shall refrain from the commencement of works under the Project until: (A) all measures required to be taken under said RAP prior to the initiation of said works have been taken, including but not limited to, the Recipient having compensated all Project Affected Persons at full replacement cost, resettled and provided them with assistance in accordance with the RPF and resettlement action plan(s); (B) the Recipient has prepared and furnished to the Association a report in form and substance satisfactory to the Association, on the status of compliance with the requirements of said RAP and detailing that the implementation, monitoring and evaluation of such resettlement action plan is completed and reported in a manner satisfactory to the Association; and (C) the Association has confirmed that said works may be commenced. 4. The Recipient shall take all measures necessary for carrying out the requirements of the Safeguard Instruments in a timely manner. 5. Without limitation to paragraph 1(b) of Section III.B of this Schedule, no works shall be eligible for financing unless and until prior to the commencement of such works: (a) an ESMP was prepared, adopted and disclosed by the Recipient, and approved by the Association; and (b) in case such works are expected to cause Involuntary Resettlement, a RAP was prepared, adopted, disclosed and implemented by the Recipient, and approved by the Association. 6. The Recipient shall maintain, throughout Project implementation, and publicize the availability of a grievance and feedback mechanism, in form and substance satisfactory to the Association, to hear and determine fairly and in good faith all complaints raised in relation to the Project, and take all measures necessary to implement the determinations made by such mechanism in a manner satisfactory to the Association. -12- 7. Without limitation to its other reporting obligations under this Agreement and under Section 4.08 of the General Conditions, the Recipient shall, throughout Project implementation, include in the Project Reports referred to in Section II of this Schedule, adequate information on the implementation of the Safeguards Instruments, and shall: (a) take all measures necessary on its part to collect, compile, and furnish to the Association through Project Reports, and promptly in a separate report or reports, if so requested by the Association, information on the status of compliance with the Safeguards Instruments and the management tools and instruments referred to therein, all such reports in form and substance acceptable to the Association, setting out, among other things: (i) the status of implementation of the Safeguard Instruments; (ii) conditions, if any, which interfere or threaten to interfere with the implementation of the Safeguards Instruments; and (iii) corrective and preventive measures taken or required to be taken to address such conditions; and (b) promptly notify the Association of any incident or accident related to or having an impact on the Project, including but not limited to any Project- related allegation of gender-based violence or alleged violation of Project- related labor and working conditions, which has, or is likely to have, a significant adverse effect on the environment, the affected communities, the public or workers, including, in accordance with the Safeguards Instruments, and the instruments referenced therein 8. The Recipient shall ensure that: (a) all terms of reference for any technical assistance and studies to be carried out under the Project are consistent with the Association's environmental and social safeguard policies; and (b) in any Project activity that may support the drafting of regulatory instruments for the purpose of regional and municipal development and land use planning, due attention will be given to said policies. 9. In the event that any provision of the Safeguards Instruments shall conflict with any provision under this Agreement, the provisions of this Agreement shall prevail. E. Immediate Response Mechanism In order to ensure the proper implementation of Part 4 of the Project, the Recipient shall: -13- (a) prepare and furnish to the Association for its review and approval, an operations manual which shall set forth detailed implementation arrangements for Part 4, including: (i) designation of, terms of reference for, and resources to be allocated to, the entity to be responsible for coordinating and implementing Part 4 of the Project ("Coordinating Authority"); (ii) specific activities which may be included in Part 4 of the Project, Eligible Expenditures required therefor ("Emergency Expenditures"), and any procedures for such inclusion; (iii) financial management arrangements for Part 4 of the Project; (iv) procurement methods and procedures for Emergency Expenditures to be financed under Part 4 of the Project; (v) documentation required for withdrawals of Emergency Expenditures; (vi) environmental and social safeguard management frameworks, including any Environmental and Social Screening and Assessment Framework for Part 4 of the Project, consistent with the Association's policies on the matter; and (vii) any other arrangements necessary to ensure proper coordination and implementation of Part 4 of the Project; (b) afford the Association a reasonable opportunity to review said proposed operations manual; (c) promptly adopt such operations manual for said Part 4 of the Project as shall have been approved by the Association ("IRM Operations Manual"); (d) ensure that Part 4 of the Project is carried out in accordance with the IRM Operations Manual; provided, however, that in the event of any inconsistency between the provisions of the IRM Operations Manual and this Agreement, the provisions of this Agreement shall prevail; and (e) refrain from amending, suspending, abrogating, repealing or waiving any provision of the IRM Operations Manual without prior approval by the Association. 2. The Recipient shall, throughout the implementation of Part 4 of the Project, maintain the Coordinating Authority, with adequate staff and resources satisfactory to the Association. -14- 3. The Recipient shall undertake no activities under Part 4 of the Project (and no activities shall be included in said Part of the Project) unless and until the following conditions have been met in respect of said activities: (a) the Recipient: (i) has determined that an Eligible Crisis or Emergency has occurred; (ii) has furnished to the Association a request to include said activities in Part 4 of the Project in order to respond to said Eligible Crisis or Emergency; and (iii) the Association has agreed with such determination, accepted said request and notified the Recipient thereof; and (b) the Recipient has prepared and disclosed all safeguards instruments required for said activities, in accordance with the IRM Operations Manual, the Association has approved all such instruments, and the Recipient has implemented any actions which are required to be taken under said instruments prior to the commencement of said activities. Section II. Project Monitoring, Reporting and Evaluation The Recipient shall furnish to the Association each Project Report not later than one month after the end of each calendar semester, covering the calendar semester. Section III. Withdrawal of the Proceeds of the Financing A. General Without limitation upon the provisions of Article II of the General Conditions and in accordance with the Disbursement and Financial Information Letter, the Recipient may withdraw the proceeds of the Financing to finance Eligible Expenditures in the amount allocated and, if applicable, up to the percentage set forth against each Category of the following table: -15- Category Amount of the Percentage of Expenditures to Credit Allocated be Financed (expressed in EUR) (inclusive of Taxes) (1) Goods, works, 18,400,000 100% Training, Operating Costs, non- consulting services, and consulting services under Part 1, Part 2.1, and Part 3 of the Project (2) Emergency 0 100% Expenditures under Part 4 of the Project (3) Goods, works, 3,500,000 100% Training, non- consulting services, and consulting services under Part 2.4 of the Project TOTAL AMOUNT 21,900,000 B. Withdrawal Conditions; Withdrawal Period 1 . Notwithstanding the provisions of Part A above, no withdrawal shall be made: (a) for payments made prior to the Signature Date; or (b) under Category (2), unless and until the Association is satisfied and so indicates by written notification to the Recipient, that all of the following conditions have been met with respect to activities under Part 4 of the Project: (i) (A) the Recipient has determined that an Eligible Crisis or Emergency has occurred, (B) has furnished to the Association a request to include said activities under Part 4 of the Project in order to respond to said Eligible Crisis or Emergency, and (C) the Association has agreed with such determination, accepted said request, including a reallocation of funds to Category (2) in an amended disbursement table pursuant to Section III, Part A above, and notified the Recipient thereof; -16- (ii) (A) the Recipient has prepared and disclosed all Safeguards Instruments required for said activities, and (B) the Recipient has implemented any actions which are required to be taken under said Safeguards Instruments in advance of said activities, all in accordance with the provisions of Section I.E.3(b) of this Schedule 2; (iii) the Recipient's Coordinating Authority has adequate staff and resources, in accordance with the provisions of Section I.E.2 of this Schedule 2 to this Agreement, for the purposes of said activities; and (iv) (A) the Recipient has adopted an IRM Operations Manual in form, substance and manner acceptable to the Association, and (B) the provisions of the IRM Operations Manual remain - or have been updated in accordance with the provisions of Section I.E.1(c) of this Schedule 2 so as to be - appropriate for the inclusion and implementation of said activities under the Part 4 of the Project. (c) under Category (3), the Recipient has: (i) proposed amendments to the Project Implementation Manual in order to, inter alia, account for the activities under the new Part 2.4, (ii) afforded the Association a reasonable opportunity to exchange views with the Recipient on the proposed amendments to the Project Implementation Manual; and (iii) adopted an amended and restated Project Implementation Manual as shall have been approved by the Association. 2. The Closing Date is July 31, 2021. -17- SCHEDULE 3 Repayment Schedule Principal Amount of the Date Payment Due Credit repayable (expressed as a percentage)* On each April 1 and October 1, commencing October 1.5625% 1, 2025 to and including April 1, 2057 * The percentages represent the percentage of the principal amount of the Credit to be repaid, except as the Association may otherwise specify pursuant to Section 3.05 (b) of the General Conditions. -18- APPENDIX Section I. Definitions 1. "Affected Person" means a person who as a result of: (a) the involuntary taking of land under the Project is affected in any of the following ways: (i) relocation or loss of shelter; (ii) loss of assets or access to assets; or (iii) loss of income sources or means of livelihood, whether or not the affected person must move to another location; or (b) the involuntary restriction of access to legally designated parks and protected areas suffers adverse impacts on his or her livelihood; and "Affected Person" means any of the Affected Persons. 2. "Annual Work Plan and Budget" means the annual work plan and budget as prepared by the Recipient for and approved by the Association in accordance with the provisions of Section I.C of Schedule 2 to this Agreement. 3. "Anti-Corruption Guidelines" means, for purposes of paragraph 5 of the Appendix to the General Conditions, the "Guidelines on Preventing and Combating Fraud and Corruption in Projects Financed by IBRD Loans and IDA Credits and Grants", dated October 15, 2006 and revised in January 2011 and as of July 1, 2016. 4. "Basis Adjustment to the Service Charge" means the Association's standard basis adjustment to the Service Charge for credits in the currency of denomination of the Credit, in effect at 12:01 a.m. Washington, D.C. time, on the date on which the Credit is approved by the Executive Directors of the Association, and expressed either as a positive or negative percentage per annum. 5. "Category" means a category set forth in the table in Section IV of Schedule 2 to this Agreement. 6. "Coordinating Authority" means the entity or entities designated by the Recipient in the IRM Operations Manual and approved by the Association pursuant to Section I.E. 1 of Schedule 2 to this Agreement, to be responsible for coordinating Part 4 of the Project. 7. "Eligible Crisis or Emergency" means an event that has caused, or is likely to imminently cause, a major adverse economic and/or social impact to the Recipient, associated with a natural or man-made crisis or disaster. 8. "Emergency Expenditure" means any of the Eligible Expenditures set forth in the IRM Operations Manual in accordance with the provisions of Section I.E.1(a)(ii) of Schedule 2 to this Agreement and required for the activities included in Part 4 of the Project. -19- 9. "Environmental and Social Management Framework" or "ESMF" means the environmental and social management framework prepared, adopted and disclosed by the Recipient on March 15, 2019 and approved by the Association, describing, inter alia, the modalities to be followed in screening Project activities in order to assess and determine the need to prepare an ESIA and/or ESMP, including the measures to be taken to offset, reduce, or mitigate adverse environmental and social impact, procedures for the management of chance finds of physical cultural resources and procedures to ensure protection, maintenance, and rehabilitation of natural habitats, as the same may be amended from time to time with the prior written agreement of the Association. 10. "Environmental and Social Management Plan" or "ESMP" means an environmental and social management plan, to be prepared, adopted and disclosed, and acceptable to the Association, and giving details of the magnitude of the environmental and social impacts, including procedures for the management of chance finds of physical cultural resources and procedures to ensure protection, maintenance, and rehabilitation of natural habitats, as well as the specific actions, measures and policies designed to facilitate the achievement of the objective of the ESMF, including the budget and cost estimates, and sources of funding, along with the institutional and procedural measures needed to implement such actions, measures and policies, as the same may be amended from time to time with the prior written agreement of the Association. 11. "FabLab" means a space for young entrepreneurs and researchers to manufacture new prototypes for sensors and smart cities on themes such as urban management, with applications in mobility, solid waste management, planning, flood management and municipal services. 12. "General Conditions" means the "International Development Association General Conditions for IDA Financing, Investment Project Financing", dated December 14, 2018. 13. "Involuntary Resettlement" means any direct economic and social impact caused by: (a) the involuntary taking of land, resulting in: (i) relocation or loss of shelter; (ii) loss of assets or access to assets; or (iii) loss of income sources or means of livelihood, whether or not such persons must move to another location; or (b) the involuntary restriction of access to legally designated parks and protected areas, resulting in adverse impacts on the livelihood of such persons. 14. "IRM Operations Manual" means the operations manual referred to in Section I.E. 1 of this Agreement, to be adopted by the Recipient for Part 4 of the Project in accordance with the provisions of said Section. -20- 15. "National Steering Committee" means the steering committee of the Project to be established and maintained by the Recipient in accordance with the provisions of Section I.A. 1 of Schedule 2 to this Agreement. 16. "Niger Municipality Association" means the Association established by an assembly of the Recipient's cities and communes in its general assembly of September 29 - October 1, 2005. 17. "Operating Costs" means incremental recurrent expenditures incurred on account of Project implementation, including: local contractual support staff salaries; travel expenditures and other travel-related allowances; equipment rental and maintenance; vehicle operation (including fuel), maintenance and repair; office rental and maintenance, materials and supplies; and utilities, media information campaigns and communications' expenses, but excluding the salaries of officials and public servants of the Recipient's civil service. 18. "PCU" means the coordination unit to be established and maintained within the Recipient's prime minister's office in accordance with the provisions of Section I.A.2 of Schedule 2 to this Agreement. 19. "Pest Management Plan" or "PMP" means the Recipient's plan, initially disclosed in the Recipient's territory on October 14, 2013, updated on February 2019, and re-disclosed on March 15, 2019, and at the Association's website on October 15, 2013, re-disclosed on March 18, 2019, in form and substance satisfactory to the Association, to minimize and manage the environmental and health risks associated with pesticide use and promote and support safe, effective and environmental sound pest management, as the same may be amended from time to time with the written agreement of the Association. 20. "PIU" means a regional implementation unit of the Project to be established and maintained by the Recipient in the Target Regions in accordance with the provisions of Section I.A.3 of Schedule 2 to this Agreement. 21. "Procurement Code" means the Recipient's procurement code, dated December 29, 2011, as well as its implementing regulations. 22. "Procurement Plan" means the Recipient's procurement plan for the Project, dated March 28, 2019, and referred to in paragraph 4.4 of the "World Bank Procurement Regulations for IPF Borrowers", dated July 2016, revised November 2017, and August 2018, as the same shall be updated from time to time in accordance with the provisions of the said Regulations. 23. "Procurement Regulations" means, for purposes of paragraph 87 of the Appendix to the General Conditions, the "World Bank Procurement Regulations for IPF Borrowers", dated July 2016, revised November 2017 and August 2018. ~C77 -21- 24. "Project Implementation Manual" means the implementation manual to be established and maintained by the Recipient in accordance with the provisions of Section I.B of Schedule 2 to this Agreement, containing detailed arrangements and procedures for: (a) institutional coordination and day-to-day execution of the Project; (b) Project budgeting, disbursement and financial management; (c) procurement; (d) monitoring, evaluation, reporting and communication; and (e) such other administrative, financial, technical and organizational arrangements and procedures as shall be required for the Project, as the same may be amended from time to time with the prior written consent of the World Bank. 25. "Resettlement Action Plan" and "RAP" mean a plan prepared by the Recipient and approved by the Association for the Project, to outline the mitigation measures for addressing any resettlement risks associated with the Project, as the said document may be amended and/or supplemented from time to time with the prior written concurrence of the Association and subject to the initial consultation and disclosure requirements carried out on the RAP. 26. "Resettlement Policy Framework" and "RPF" mean the Recipient's document dated, initially disclosed for the purposes of the Project, in the Recipient's territory on October 14, 2013, updated on February 2019, re-disclosed on March 15, 2019, and at the Association's website on October 15, 2013, re-disclosed on March 18, 2019, outlining the policies and procedures to be implemented in the event that specific activities implemented under the Project have potentially negative impacts on the livelihoods, assets and land of the affected population, as the said framework may be amended and/or supplemented from time to time with the prior written consent of the Association, and such term includes any schedules to such document. 27. "Safeguards Instruments" means the ESMF, the RPF, the PMP and any Supplemental Social and Environmental Safeguard Instruments. 28. "Signature Date" means the later of the two dates on which the Recipient and the Association signed this Agreement and such definition applies to all references to "the date of the Financing Agreement" in the General Conditions. 29. "Supplemental Social and Environmental Safeguard Instruments" mean any ESMP, RAP or other supplemental social and environmental safeguard instruments as required under the terms of any of the ESMF, RPF or Environmental and Social Screening and Assessment Framework referred to under Section E.1(a)(vi) of Schedule 2 to this Agreement. 30. "Target Regions" means the following regions in the Recipient's territory: Agadez, Niamey, Tahoua, Tillab6ri, Dosso and Diffa. -22- 31. "Training" means the training of persons under the Project, including through seminars, workshops, knowledge sharing activities and study tours, and covers the following costs associated with such activity: travel and subsistence costs for training participants, costs associated with securing the services of trainers, rental of training facilities, preparation and reproduction of training materials, and other costs directly related to training preparation and implementation.