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Montenegro

Ministry of Health, Labour and Social Welfare

Health System Improvement Additional Financing Project

(MHSIAFP)

Reconstruction ofBijeloPoljeHealthCareCenter

Environmental Impact Assessment and Environment Management Plan

February 24, 2009

Executive Summary ………………………………………………………………………….. 3

1 INTRODUCTION …………………………………………………………………………...…..… 5

2 ENVIRONMENTAL ASSESSMENT RULES AND PROCEDURES …..…………...……….. 5

2.1 WB EA policies ……...…………………………………………………………………………... 5

2.2 National EA rules and procedures…………………………………………………………….…… 6

3 ENVIRONMENTAL IMPACT ASSESSMENT ………………………………………………… 7

3.1 Scope of the EA …………………………………………………………………………………… 7

3.2 Baseline conditions ……………………………………………………………………………….. 7

3.3 Potential Environmental Impacts ………………………………………………………………… 12

4 ENVIRONMENTAL MANAGEMENT PLAN ………………………………………………... 13

4.1 Environmental guidelines ……………………………………………………………………...… 13

4.1.1 Design phase …………………………………………………………………………………… 13

4.1.2 Reconstruction phase …………………………………………………………………………... 14

4.1.3 Operation ………………………………………………………………………………………. 15

5 MONITORING AND SUPERVISION PLAN ………………………………………………….. 19

6 RESPONSIBILITY FOR EMP IMPLEMENTATION AND FINANCING …………….…. 22

7 PUBLIC DISCLOSURE AND CONSULTATION …………………………………………….. 23

8 APPENDICES

8.1 Legislation ……………………………………………………………………………………….. 24

8.2 List of consulted people ………………………………………………………………………….. 25

8.3 Minutes of the public consultation of the EMP ………………………………………………….. 26

8.4 Decision of the Ministry of Tourism and Environmental Protection...... 27

EXECUTIVE SUMMARY

  1. Project Objective.The objectives of the Project are to put in place the first steps towards a reformed health system in Montenegro, giving priority to increasing capacity for policy, planning and regulation; stabilizing health financing; and improving primary health care service delivery.
  2. Project description.Under the project Additional Financing, the Ministry of Health proposes to finance the reconstruction and expansion of the HealthCenter in Bijelo Polje.
  3. Project location.The health center to be reconstructed is placed in the centre of town. The location was selected according to existing planning documents for its reconstruction and expansion with all its necessary amenities.The planned facility is surrounded by a number of residential units intended for collective and individual residence, and that is one of the characteristics of any city centre.
  4. Project category.In accordance with the Bank’s safeguard policies and procedures, including OP/BP/GP 4.01 Environmental Assessment, the proposed Project is classified as the Category B Projectfor environmental assessment purposes as it is not expected to generate significant environmental impacts. This requirespreparation of the following: (i) an Environmental Assessment, which includes environmental evaluation of the proposed project site; (ii) an Environment Management Plan, which would includesteps for mitigating any potential impacts identified, together with respective monitoring plan, budgets, responsibility and schedules of execution.
  5. Purpose of the Environmental Assessment. The purpose of the Environmental Assessment (EA) is to identify significant environmental impacts of the project (both positive and negative), and to specify appropriate preventive actions and mitigation measures (including appropriate monitoring) to prevent, eliminateor minimizeany anticipated adverse impacts. An Environmental Assessment (EA) was carried out by an independent local consultant, based on what was prepared a simple Environmental Management Plan (EMP). The EA report was prepared based on the following: (i) analysis of the existing national legal documents, regulations and guidelines; (ii) WB safeguard policies, as well as guiding materials; (iii) national EA and Construction legal framework; (iv) existing EIAs for similar projects; (v) environmental evaluation of the proposed project site; and, (vi) results of consultations with the representatives from all interested parties and stakeholders.
  6. National Regulatory framework for EA.Montenegro has developed itsown EA rules and procedures brought in line with the EU directives, and also in line with the WB EA requirements. The main regulatory acts in this area are: the Law on Environmental Protection (“Official Journal of Montenegro”, no. 51/08), the Law on Environmental Impact Assessment (“Official Journal of the Republic of Montenegro”, no. 80/05), the Law on Construction of Facilities (Official Journal of the Republic of Montenegro, no. 55/00), the Rulebook on the contents of the Environmental Impact Assessment (“Official Journal of Montenegro”, no. 51/08), Bylaw on projects that require Environmental Impact Assessment Study(“Official Journal of the Republic of Montenegro”, no. 20/07). According to applicable legislation on the EA, the projects that involve reconstruction of healthcare institutions do not require a special review, but should include environmental requirements into the design documents to be applied during the construction activities.
  7. EAInstitutional framework and capacities.The EA institutional capacity of the Ministry of Health, Labour and Social Welfare of Montenegro, along with the municipality’s controlling departments was assessed during the EA study and was concluded these institutionshave relevant capacities to perform their duties concerning enforcing EMP provisions.
  8. Potential environmental impacts. It is expected the project will not generate any large scale and significant environmental and social impacts. Possible adverse environmental impacts are related to reconstruction and operation phases and are the following: (a) Dust and noise due to the demolition and construction; (b) Dumping of demolition and construction wastes,accidental spillage of machine oil, lubricants, etc; and, (c) Risk associated with handling wastes during operation (municipal, hazardous, medical, etc.). All these potential environmental impacts are minor and could be easily managed during the project implementation. The reconstruction, expanding and superstructure of Bijelo Polje Health Centre will be done on the available land which is owned by the Centre and currently is not legally or illegally used, and thus will not imply any of involuntary resettlement issues.

The Project will also provide positive social impacts. The rehabilitation and expanding of the Centre will improve social conditions for the population and would contribute to improving local population livelihoods.

  1. Environment Management Plan.The EMP covers: (a) short description of applicable laws, policies on environment procedures for environmental screening, EIA preparation and implementation, as well as EIA institutions and responsibilities; (b) description and evaluation of the proposed project site; (c) Environmental Guidelines (EG), specifying: (i) potential environmental and social impacts of the reconstruction activities; (ii) proposed mitigation and monitoring measures to be applied during theproject implementation; and (iii) description of EMP implementing arrangements, institutional capacities as well as procedures for supervision, monitoring, and reporting. It is proposed that the contractor will ensure the workers safety, will undertake relevant measures for preventing dust and noise pollution, proper handling, transportation and disposal of construction and medical waste materials.
  2. Monitoring Plan.The EMP includes a Monitoring Plan with measures that will be employed to track the effectiveness of the mitigation measures and described the environmental indicators to be monitored, along with the monitoring methods, frequency, as well as the monitoring and reporting procedures, including institutional arrangements.
  3. Coordination of the EA with the National Environmental Protection Authorities.The Ministry of Tourism and Environmental Protectionhas publishedthe request for deciding upon the necessity for Environmental Impact Assessment,submitted by the Ministry of Health, Labour, and Social Welfare, in printed media relevant in the region of Bijelo Polje. The documents submitted forgetting the decisionon the necessity for conducting the EAI included: (a) Description of the location; (b) Project description; (c) Description of potential considerable environmental impact of the Project; and (d) Filled questionnaire on the environmental impact assessment of the Project.Interested authorities and organizations, and interested public have been given the opportunity to provide their opinion to the competent authority on the submitted request within ten days from the date of submission. Within 14 days upon the expiry of the period for public review on the need to prepare the Environmental Impact Assessment for rehabilitation and expanding of Health Center in Bijelo Polje, the Ministry of Tourism and Environmental Protection issued a Decision stating that the envisaged reconstruction of the Health Center in Bijelo Polje does not require a special Environmental Impact Assessment study (protocol 01-3995/5, dated January 26, 2009).
  4. EA reporting and consultations. The Ministry of Health, Labor and Social Welfare disclosed the draft summary of the EMP for wide public on the web-page of the Ministry ( on February 13, 2009, inviting all the interested parties to provide comments on and to attend the document public consultation. The invitation was also e-mailed directly to municipality of Bijelo Polje and its secretariats for urban planning, environmental protection, residential-communal affairs, communal police, and local environmental NGOs. One week later, on February 20, 2009, the PMN conducted a consultation meeting on the document where have participated representatives from different municipality departments (see annex 8.3).The meeting concluded that the draft document covered practically all potential impacts and possible mitigation measures. On March 11, 2009 MoHLSW organized also a public consultation of the EMP document with the representatives from the local population. After the consultations the draft EMP was revised, taking into account inputs from the consultation. The final version of the EMP was provided to the World Bank, and will be used by the government agencies during the project implementation.

1INTRODUCTION

The development objective of the Health System Improvement Additional Financing Project is to put in place the first phase of steps towards reform of the health system in Montenegro, giving priority to increasing capacity for policy, planning and regulation; stabilizing health financing and improving primary health care service delivery. Specifically, under the project Additional Financing, the Ministry of Health proposes to finance the reconstruction and expansion of the HealthCenter in Bijelo Polje. The Project will supports capital investments, to include full reconstruction and rehabilitation, including expanding the existing facility by constructing an extension - a new wing to the existing building, and building of an additional floor on top of the existing facility.As decided by the the state Ministry of Tourism and Environmental Protection, these activities would not havemajor environmental impacts and therefore, it is not necessary to conduct a full environmental assessment to identify the potential environmental impacts and land acquisition issues. Still, a series of measures will be proposed in the form of a site specific environmental management plan (EMP) for purposes of avoiding and/or minimizing potential adverse impacts and of successful negotiating the additional financing.The report covers the following issues:

(i)An overview of project activities and identification physical investments/actions envisaged under the project which might have impacts to environment;

(ii)Description of baseline conditions and environmental evaluation of the proposed project site;

(iii)The policy, legal and administrative framework, including the role and responsibilities of the Ministry of Health, Labor and Social Welfare of Montenegro (MOHLSW) and other agencies in this project related to environmental issues; the environmental and construction permitting process of Montenegro applicable to the proposed works; and,

(iv)In line with identified potential impacts and effects, suggested mitigation and monitoring measures.

2 ENVIRONMENTAL ASSESSMENT RULES AND PROCEDURES

2.1 WBEA policies

The World Bank requires environmental assessment (EA) of projects proposed for Bank financing to help ensure that they are environmentally sound and sustainable, and thus improve decision making (OP 4.01, January 1999). EA is a process whose breadth, depth, and type of analysis depend on the nature, scale, and potential environmental impact of the proposed project. EA evaluates a project's potential environmental risks and impacts in its area of influence; examines project alternatives; identifies ways of improving project selection, silting, planning, design, and implementation by preventing, minimizing, mitigating, or compensating for adverse environmental impacts and enhancing positive impacts; and includes the process of mitigating and managing adverse environmental impacts throughout project implementation. The Bank favors preventive measures over mitigation or compensatory measures, whenever feasible. EA takes into account the natural environment (air, water, and land); human health and safety; social aspects (involuntary resettlement, indigenous peoples, and cultural property); and trans-boundary and global environmental aspects. It also takes into account the variations in project and country conditions; the findings of country environmental studies; national environmental action plans; the country's overall policy framework, national legislation, and institutional capabilities related to the environment and social aspects; and obligations of the country, pertaining to project activities, under relevant international environmental treaties and agreements. The Bank does not finance project activities that would contravene such country obligations, as identified during the EA. The project triggers the following WB policies: OP/BP/GP 4.01 Environmental Assessment and OP 17.50 Disclosure Policy.

The Bank undertakes environmental screening of each proposed project to determine the appropriate extent and type of EA. The Bank classifies the proposed project into one of four categories, depending on the type, location, sensitivity, and scale of the project and the nature and magnitude of its potential environmental impacts. In this way risks associated with project actions can be effectively anticipated in advance before project implementation, and addressed by direct mitigation activities in the design, planning and construction supervision process as well as during the operation of the facilities.

The Project has been rated "B" as activities under the project are not expected to generate significant adverse environmental effects as they are focusing on reconstruction of the existing health care building. Based on this the project requires an EA and a simple Environment Management Plan. The project will not involve any resettlement or land acquisition and thus the Involuntary Resettlement OP is not triggered. The reconstruction and a small extension of the health care center will be done on the available municipal land. Other safeguards policies are not triggered.

2.2 NationalEA rules and procedures

Procedures preceding construction in Montenegro are the following: land acquisition,location permit procurement, environmental impact assessment, and construction permit procurement. For the type of projects/activities envisaged under MHSIP Project the full EIA is not required, which is confirmed by the decision of the Ministry of Tourism and Environmental Protection (see attached) protocol 01-3995/5, dated January 26, 2009). After issuance of all relevant permits, completion of construction works, and before utilization of the object, it is necessary to obtain an Operation Permit.

Location permit

Location permit is an administrative document defined by the Law on Urban Planning and Spatial Management (Official Journal of RM No. 28/05). It is issued based on Physical Planning document and on special related laws, bylaws and regulations.

Location permit defines important characteristics of planned intervention and specifically: form and size of construction, purpose, size (height, number of floors) and area of the constructed object, auxiliary objects on construction site (garages, storages, septic tanks, etc.), architectural form of the object (roof, materials and other factors depending on surroundings), site organization, methods and conditions of connection of the object to public traffic surface (including parking lots) and communal, electrical energy, telecommunication and water supply and sewerage infrastructure.

Construction permit

Construction permit is an administrative document defined by the Law on Construction of Facilities (Gazette RM No. 55/00). After verification and issuance of the permit, the construction may start. The document confirms that the main project activities are in compliance with Location permit and all special conditions issued by authorized bodies and obtained. In addition, the construction permit provides and assessment of the project conformity with other construction regulations, defined in the construction laws and by-laws. For instance the assessmenttakes into consideration the following issues: mechanical resistance, stability of building, fire protection, sanitary health and environmental conditions, operational safety, energy efficiency, thermal insulation, access and mobility in the object. The ownership and the construction rights on the parcel are as well defined.

Operational permit

Operation permit is issued after the technical assessment of the constructed object is done and if is proven that the object has been constructed in compliance with Construction permit requirements and the design document.

EMP and administrative procedures preceding construction

The Environmental Management Plan (EMP) comprises procedures to recognize and control the quality of environment and to identify and implement measures in the process of implementation of the investment, aiming at mitigation of negative environmental impacts and environmental protection. Montenegro EIA laws and bylaws require a specific EMP as an obligatory document only in the case of investment projects with significant environmental impacts. In the case of construction and/or reconstruction projects like it is proposed in this project there is no need for a specific EIA&EMP study. In such cases the basic EMP elements are specified in relevant permits and documents preceding construction, whose supervision is under the jurisdiction of different Ministries and agencies.

3 ENVIRONMENTAL IMPACT ASSESSMENT

3.1 Scope of the EA

The purpose of the environmental assessment (EA) is to identify the significant environmental impacts of the project (both positive and negative) and to specify appropriate preventive actions and mitigation measures (including appropriate monitoring) to prevent, eliminate or minimize any anticipated adverse impacts. An Environmental Assessment (EA) was carried out by an independent local consultant, based on what was prepared a simple Environmental Management Plan (EMP). The EA report was prepared based on the following: (i) analysis of the existing national legal documents, regulations and guidelines; (ii) WB safeguard policies, as well as guiding materials, including EMP Checklist for small scale construction projects; (iii) national EA and Construction legal framework; (iv) existing EIA for similar projects; (v) site visits and evaluation; and, (vi) results of consultations with the representatives from all interested parties and stakeholders.

3.2 Baseline conditions

Civil works to be conducted comprise full reconstruction and rehabilitation of the existing Health Care Centre, including expansion of the facility by constructing a new wing to the existing building, and building of an additional floor on top of the facility. The Center was constructed about 60 years ago and currently can’t accommodate the needs for medical services for about 50 thousand inhabitants of the municipality.