Environmental Assessment and Environmental management Plan Report




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II. Objective of the EA

25. The objective of the EA is to determine the potential environmental and social impacts of proposed project activities. The potential impacts determined and analyzed relate to activities targeted at providing agricultural inputs (seed and fertilizers) which would increase agricultural productivity and food security. In the case of their inappropriate handling of these activities may lead to increased use of land and its degradation as well as to increased environment and health risks. The EA should recommend appropriate mitigation and monitoring measures as well as institutional arrangements for environmental management under the project. In preparing the EA, various stakeholder consultations were conducted. Key stakeholders consulted included:




  1. staff at all levels of the Ministry of Agriculture (the Ministry, Districts and Area levels)

  2. representatives from the Environmental Protection Committee;

  3. Members of various hukumats;

  4. Local leaders; and,

  5. Farmers in various selected jamoats.

These consultations were carried out to share the views of key stakeholders and to obtain their input in the identification of environmental and social impacts of the project. A list of individuals and institutions consulted is included in Annex 5.


The strategies used and activities performed in the preparation of the EA report included:


  1. Review of existing national biophysical and social conditions presented in different sources of information including statistical data, data on socio-economic development in the country, and Environmental Reports;

  2. Analysis of the project activities which are likely to have environmental and social impacts on the various environmental components;

  3. Identification and analysis of potential environmental and social impacts of the project, based on the public consultations, project description, other similar documents and professional knowledge;

  4. Identification of appropriate mitigation measures for the potential environmental and social impacts;

  5. Preparation of an environmental management plan (EMP) for addressing the impacts during the different project stages and activities and;

  6. Preparation of a monitoring plan for effective implementation of the EMP


III. Policy, legal, and administrative framework
(a) Tajikistan’s Institutional Capacity for Safeguard Policies:
Legal framework for environmental protection
26. Overview. Tajikistan has developed during last decade most of the needed environmental laws and regulations (see table 1).


Table 1: Selected environment-related legislation

Air quality

  • Law on Air Protection

  • Law on Hydrometeorological Activity

Mineral resources

  • Law on Mineral Waters

  • Water Code

Land management

  • Land Code

  • Law on Land Administration

  • Law on Land Valuation

Forests

  • Forestry Code

Animals and factories

  • Law on Protection and Use of Animals

  • Law on Protection and Use of Factories

  • Law on Factories Quarantine

Health and safety

  • Law on Securing Sanitary and Epidemiological Safety of the Population

  • Law on Veterinary Medicine

  • Law on Salt Iodization

  • Law on Quality and Safety of Food

  • Law on Industrial Safety of Hazardous Installations

  • Law on Radiation Safety

Waste and chemicals management

  • Law on Production and Consumption Waste

  • Law on Production and Safe Handling of Pesticides and Agrochemicals



These laws along with the Regulations approved by the GoT create a favorable legal framework for environmental protection in the country as well as for usage and protection of its natural resources.


27. Framework environment law. The framework environment law - Law on Nature Protection was adopted in 1993 and amended in 1996. The Law stipulates that Tajikistan's environmental policy should give priority to environmental actions based on scientifically proven principles to combine economic and other activities that have an impact on the environment with nature preservation and the sustainable use of resources. The Law defines the applicable legal principles, the protected objects, the competencies and roles of the Government, the State Committee for Environmental Protection and Forestry, the local authorities, public organizations and individuals. The Law stipulates also measures to secure public and individual rights to a safe and healthy environment and requires a combined system of ecological expertise and environmental impact assessment of any decision on an activity that could have a negative impact on the environment. The Law also defines environmental emergencies and ecological disasters and prescribes the order of actions in such situations, defines the obligations of officials and enterprises to prevent and eliminate the consequences, as well as the liabilities of the persons or organizations that caused damage to the environment or otherwise violated the Law. The Law establishes several types of controls over compliance with environmental legislation: State control, ministerial control, enterprise control and public control. State control is affected by the State Committee for Environmental Protection and Forestry, the Sanitary Inspectorate of the Ministry of Health, the Inspectorate for Industrial Safety and the Mining Inspectorate. Public control is carried out by public organizations or trade unions and can be exercised with respect to any governmental body, enterprise, entity or individual. The Law has also several articles related to agriculture. They regulate, for instance, the use of fertilizers and pesticides, the use of biological and chemical substances and protection against such contamination in food, soil protection and the rational use of land, and protection against pollution from livestock farms.
28. Water Code. The Water Code (2000) stipulates the policies on water management, permitting, dispute resolution, usage planning and cadastre. It promotes rational use and protection of water resources exercised by all beneficiaries and defines the types of water use rights, authority and roles of regional and local governments for water allocations among various users, collection of fees, water use planning, water use rights and dispute resolution. The Code delegates Water User Associations to operate and maintain on-farm irrigation and drainage infrastructure.
29. Land Code. The current Land Code (1992) defines the types of land use rights, the authority and the role of regional and local governments for land allocation, collection of land taxes, land use planning, land use right mortgaging and settlement of land disputes. It defines the rights of land users and lease holders, and also defines the use of a special land fund for the purpose of land privatization and farm restructuring. The law does not provide for purchase or sale of allotted land. The Land Code regulates land relations and it is directed at the rational “use and protection of land and fertility of the soil…7 .” The land may be used in a rational manner only and the Code allows local authorities to decide what constitutes “rational” land use. It includes also mechanisms that make it possible to take the land-use permit away from farmers, including in situations where land use causes land degradation. This decision is taken by the raion administration.
30. Regulation of agrochemicals usage. Pesticides and fertilizers handling, use, transportation and storage are regulated by a number of legal documents (see table 4).

Table 2. Laws and regulations related to agrochemicals usage in Tajikistan

  • Law on Nature Protection (1993);

  • Law on Ecological Expertise (2003);

  • Law on the Factories Quarantine Law (N5, 12.05.2001), of 2001, revised in 2003.

  • Law on Production and Safety Implications of Pesticides and Agro-chemicals law dated April 22, 2003.

  • The Decree on Factory Quarantine (N38, 4.02.2002) concerning creation of the Government Inspection (service) on factories quarantine of 2002.

31. The Law on Nature Protection indicates the necessity of applying the minimum permissible standards of agro-chemicals in agriculture and forestry to ensure compliance with the minimum permissible amounts in food, soil and water. The specially adopted law in the domain (Law on Production and Safety Implications of Pesticides and Agro-chemicals) prohibits use of biologically and environmentally persistent pesticides and products known to be carcinogenic, mutagenic, teratogenic, embrio- and gonadotoxic in compliance with the International List of potentially toxic chemicals of the UN Environmental Program. This law also regulates distribution, use, and disposal of pesticides.


32. The Law on Ecological Expertise (2003) and the Resolution on the Establishment of the Commission for Chemical Safety (2003) set up the legal framework for the registration and use of pesticides and other chemicals. These substances and compounds should undergo mandatory State testing in laboratories and production (field) facilities to assess their biological, toxicological and environmental characteristics. If the testing results are positive, the substance or compound must be registered with the Commission for Chemical Safety and included in the List of Chemical Substances and Biological Compounds that are permitted for Use. The Commission manages the system of registration, testing and control of pesticides8. It is chaired by a deputy Prime Minister and includes representatives of, among others: the State Committee for Environmental Protection and Forestry, the Ministry of Health and the Ministry of Agriculture. A working group prepares the meetings of the Commission. The Commission approves a list of pesticides upon application from producers or distributors. A new list of chemicals is being prepared.
33. Quarantine9. In 2001, a technical review workshop on Union of Independent Governments (countries of former Soviet Union) and Baltic’s countries published data about quarantine and phytosanitary conditions in the countries of the former Soviet Union. The agreement about coordination in field of factories quarantine for indicated above countries was signed on November 13, 1992 in Moscow. In 1997 during the 6th Conference countries agreed to accept a unified list of pests to be quarantined, to common quarantine rules for import, export and transit of goods, and provide information data about distribution of pests on countries territory. Not much changed since then. In 2001 Government of Tajikistan enacted a Factories Quarantine Law (N5, 12.05.2001), and in 2002 – a decree on measures on factory quarantine (N38, 4.02.2002) – for Government Inspection (service) on factories quarantine.
34. The qualifying requirements for physical and legal entities of the Republic of Tajikistan operating with application of the pesticides by aerosol and fumigation methods are10:

  • Application and handling are regulated in terms of the availability of special machinery and equipment for the pesticides application ensuring the safety and quality of chemical treatment;

  • the availability of special storages for the pesticides complying with the sanitary and epidemiologic rules and norms,

  • construction norms and rules,

  • requirements of fire safety;

  • compliance with environmental requirements,

  • sanitary and epidemiologic rules and norms,

  • safety and labor protection; individual protective facilities,

  • fire extinguishing equipment;

  • qualified staff with corresponding education and training having experience of practical work on the pesticides application by aerosol and fumigation methods.

35. For storage and disposal, special landfills are used to dispose expired and banned pesticides and their packaging. The state environmental control authority is responsible for issuing the permit to construct the landfills and neutralize the pesticides. Neutralization of the pesticides procured at the expense of the state budget is the responsibility of the MoA and local state authority (local budget). Legal and physical entities the activities of which are linked with the state phytosanitary control objects are obliged to neutralize the pesticides. However in Tajikistan there are only 2 sites formally approved by the State Committee for Environmental protection for storage or disposal of unused pesticides or their packaging in Vahksh and Konibodom.

36. International environmental treaties to which Tajikistan is a party. Tajikistan became party to a series of international treaties and in particular:




  • Rotterdam Convention on Prior Informed Consent (PIC) procedure on September 28, 1998, ratification pending;

  • Signatory of the Stockholm Convention on Persistent Organic Pollutants on May 21, 2002, ratification pending;

  • Convention on Biological Diversity on 29 October 1997 and to its Cartagena Protocol on Biosafety on 12 May 2004;

  • Convention for the Protection of the World Cultural and Natural Heritage (1992);

  • The United Nations Convention to Combat Desertification (1997);

  • The United Nations Framework Convention on Climate Change (1998);

  • The Ramsar Convention (2000); and

  • The Convention on the Conservation of Migratory Species of Wild Animals (2001).

Taking into consideration international treaties have the superiority under the national legislation, mentioned above Conventions constitute also a legal basis in the relevant areas of environmental protection in the country.


Legal framework for EA, environmental licensing and permitting
37. Basic EA Laws. There are two laws in the country that stipulate all aspects of the EA: (a) Law on Nature Protection; and (b) Law on Ecological Expertise. The Chapter V, Articles 33-37 of the Law on Nature Protection (1993), introduces the concept of state ecological review (literally, state ecological “expertise” – SEE) which seeks to examine the compliance of proposed activities and projects with the requirements of environmental legislation and standards and ecological security of the society. The mentioned laws stipulate the mandatory cross-sectoral nature of SEE, which shall be scientifically justified, comprehensive, and objective and which shall lead to conclusions in accordance with the law. SEE precedes decision-making about activities that may have a negative impact on the environment. Financing of programs and projects is allowed only after a positive SEE finding, or conclusion, has been issued. The following activities and projects subject to state ecological review: a) draft state programs, pre-planning, pre-project, and design documentation for economic development; b) regional and sectoral development programs; c) spatial and urban planning, development, and design; d) environmental programs and projects; e) construction and reconstruction of various types of facilities irrespective of their ownership; f) draft environmental quality standards and other normative, technology, and methodological documentation that regulates economic activities; g) existing enterprises and economic entities, etc. The laws stipulate that all types of economic and other activities shall be implemented in accordance with existing environmental standards and norms and shall have sufficient environmental protection and mitigation measures to prevent and avoid pollution and enhance environmental quality. The EA studies analyzing the short- and long-term environmental, genetic, economic, and demographic impacts and consequences shall be evaluated prior to making decisions on the siting, construction, or reconstruction of facilities, irrespective of their ownership. If these requirements are violated, construction will be terminated until necessary improvements are made, as prescribed by the State Committee for Environmental Protection and Forestry and/or other duly authorized control bodies, such as sanitary, geological, and public safety agencies.
38. Environmental Impact Assessment. An Environmental Impact Assessment (EIA) is a component of the State Ecological Expertise, as set out in the 2002 amendments to the Environmental Protection Law and in the Law on the State Ecological Expertise (2003). The EIA is the responsibility of the project proponent. The State Ecological Expertise for all investment projects is the responsibility of the Committee for Environmental Protection (CEP) and its regional offices. Furthermore, according to the 2003 Law on the State Ecological Expertise, all civil works, including rehabilitation, should be assessed for their environmental impacts and the proposed mitigation measures reviewed and monitored by the SCEPF.
39. Types of Ecological Expertise. According to the 2003 Law on Ecological Expertise, ecological expertise is intended to prevent negative impacts on the environment as a result of a proposed activity, forecast impacts from activities that are not considered as necessarily damaging to the environment and create databases on the state of the environment and knowledge about human impact on the environment. This Law and the Law on Nature Protection envisage two types of ecological expertise – State ecological expertise and public ecological expertise, which are not given equal importance. While State ecological expertise is a prerequisite for beginning any activity that may have an adverse environmental impact, public ecological expertise becomes binding only after its results have been approved by a State ecological expertise body. The State Ecological Expertise is authorized to invite leading scientists and qualified outside specialists to participate in the review. Approval should be issued within 45 days, unless the project developer agrees to an extension, and remains valid for two years, if the decision is positive.
40. Screening categories. The laws on Nature Protection and EE stipulate the Government will approve a list of activities for which the full Environmental Impact Assessment is mandatory. Currently there is no EIA categorization system in place and environmental impacts of mostly construction activities are reviewed on a case by case basis. According to the existing laws, the Project should not be required to prepare any EIA, however, as soon as the Project is approved, it will be necessary to consult with the CEP experts and receive further guidance on the SEE compliance requirements.
41. EA administrative framework. The Environmental Protection Law states that a SEE should be conducted by the Committee for Environmental Protection, which is designated as a duly authorized state environmental protection body. A small unit in the ministry is entrusted with guiding and managing both EIA and SEE. EIA preparation is the responsibility of the proponents of public- and private-sector projects, who, in addition to complying with various environmental standards, procedures, and norms, shall meet the standards of other sectors and environmental media line agencies, such as sanitary-epidemiological, geological, water, etc.
42. Public participation. Article 10 of the Nature Protection Law proclaims the right of citizens to live in a favorable environment and to be protected from negative environmental impacts. Citizens also have the right to environmental information (Article 12), as well as to participate in developing, adopting, and implementing decisions related to environmental impacts (Article 13). The latter is assured by public discussion of drafts of environmentally important decisions and public ecological reviews. Public representative bodies have an obligation to take into consideration citizens’ comments and suggestions. The Law on the EE also provides the rights to the citizens to conduct a Public Environmental Expertise (art. 21). On 17 July 2001 Tajikistan acceded to the 1998 Aarhus Convention, the provisions of which have priority over domestic law which also stipulates the rights for Public EE.
43. Licenses. Licenses are legal instruments to regulate certain potentially hazardous activities where minimal qualifications and strict adherence to rules are required to ensure that they are carried out efficiently, safely and do not result in potentially very significant and irreparable damage to the environment and human health11. In particular, licenses are required for handling hazardous waste; for activities in industrial safety, sources of ionizing radiation, production and handling of pesticides and other agrochemicals. They are issued by the relevant industry regulator (ministry or committee) or an entity to which it has delegated such right. Licensing is also used to ensure the most efficient and sustainable use of natural resources. For example, licenses are required for prospecting, collecting or extracting mineral resources, or for constructing underground facilities not related to mining.
44. Environmental permits. Permits are meant to ensure the sustainable use of natural resources. There are two types of permits: (a) permits to use natural resources; and, (b) permits for emissions or discharges. The natural resources use permits allow their holders to take a certain number or amount of a particular natural resource within a defined territory and time period. They are issued both to individuals (e.g. to hunt a particular species of animal or harvest particular factories) and to organizations (e.g. permits to extract ground or surface water for a particular use). By law, permits are needed for any commercial use of any resource. The authority that issues the permit and the legislation (government resolution) that applies depend on the resource. Permits to discharge polluted matter are issued by the relevant inspectorate (e.g. State Water Inspectorate or State Air Inspectorate) of the State Committee’s local environmental protection committees to industrial or agricultural enterprises and municipal utilities that release by-products into the environment. The permits allow releasing a certain amount of polluted matter (gases, liquids, solid waste) into the environment. The permits are normally granted for one year and indicate the maximum allowed concentration of the pollutants in the released matter, the maximum volume of the polluted matter and the pollutants allowed.
45. Environmental norms and standards. Norms are set for air and water pollution, noise, vibration, magnetic fields and other physical factors, as well as residual traces of chemicals and biologically harmful microbes in food. The exceeding of their thresholds results in administrative action, including financial sanctions. Several ministries determine environmental quality standards, each in its field of responsibility. For example, admissible levels of noise, vibration, magnetic fields and other physical factors have been set by the Ministry of Health.
46. Implementation and compliance. A number of legal acts establish liability for violations of environmental laws, which can be enforced by several State bodies. In particular, the 1998 Code of Administrative Violations establishes administrative liability for organizations, their officers and individuals for a range of violations, from the careless treatment of land to violation of the rules for water use or water protection or failure to comply with a State ecological expertise. The administrative sanctions for environment related violations can be imposed by the administrative commissions of hukumats, courts, the Environment protection Committee’s inspectors, the Veterinary Inspectors of the Ministry of Agriculture, and the Agency for Land Management, Geodesy and Cartography. The most common administrative sanction is a fine of up to 10 minimal monthly salaries for individuals and up to 15 minimal salaries to officers of organizations. The 1998 Criminal Code covers crimes against ecological safety and the environment, such as violations of ecological safety at work, poaching, and spoiling land, violation of rules for the protection and use of underground resources. The maximum fine is up to 2,000 minimal monthly salaries and the maximum sentence is up to eight years in prison.
(b) World Bank Environmental Policy and Environmental Assessment Requirements

47. 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.


49. 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.
50. The Project has been assigned World Bank environmental category B, since it involves moderate indirect environmental impacts that can be managed during implementation of the project. The EA process for the project is addressed through this EMP. Key considerations and methodology are taken into account during the EA process includes:


  • Generic initial screening to determine appropriate environmental assessment;

  • Compliance with existing environmental regulations in Tajikistan;

  • Taking into consideration the economic and social evaluations (in the light of their linkage to the environmental concerns);

  • Analysis of significant expected impacts, balancing positive and negative effects and assessment of realistic alternatives;

  • Public participation and consultation with affected people, organisations and stakeholders; and

  • Disclosure of information.


IV. Project description
51. Project objective. The objective of the project is to increase domestic food production and reduce the loss of livestock to help at least 28,000 poorest households in a timely manner to reduce the negative impact of high and volatile food prices. This objective will be realized with the provision of agricultural inputs to the poorest farmers and female-headed households, to support their immediate food security as well as to recover their production losses and livelihoods. Different households will be targeted for each assistance package.
52. Project activities. The project will be composed of three components: (i) Support for Agricultural Inputs – a seed and fertilizer distribution component, (ii) Improvement of Livestock Health and Husbandry; and (iii)Project Management.

Component A: Support for Agricultural Inputs (US$2.7 million equivalent). This component would support the FA0 administered program providing agricultural inputs in Tajikistan. The support would be provided in standard packages composed of high quality seed for winter wheat and fertilizer. These inputs need to be distributed at the latest by October of this year, in time for the winter planting season. The import of higher yielding wheat varieties would help farmers to take advantage of fall rains in raising a successful winter crop. As demonstrated by the similar (drought) emergency package supplied back in 2001, it may also help boost the country’s wheat yields and improve food security in the medium term. It is roughly estimated that a package valued at some US$80 per household would be sufficient for supporting winter wheat production of some 28,000 families. Eligibility for the assistance would be governed by criteria to be agreed among the Bank, the GOT and the FAO. Similarly, the procurement, transport and distribution of the seed and fertilizer would be organized by FA0 and contracted with international NGOs that have the logistics in place to deliver these packages to farm families in accordance with the terms and subject to controls to be documented in the Memorandum of Understanding between the Government of Tajikistan and the FAO.

Component B: Improvement of Livestock Health and Husbandry (US$1.80 million equivalent). As above, this component will support the FA0 administered program aimed at improving livestock health and husbandry. The funding under this component would support the purchase of a package of seeds of fodder crops (alfala) and fertilizers.
Component C Project Management (US$ 500,000 equivalent and not exceeding 10% of the total amount of the project) will be allocated for project management costs incurred by FAO. This funding will also cover expenses such as program audit, the hiring of additional specialists, as well as training farmers, and monitoring and evaluation.



V Baseline Environmental Analysis12
As mentioned above, the project will be implemented in two regions of the country: Khatlon and Rasht valley districts. Below it is presented a short description of their geographic and socio-economic characteristics.

A. Khatlon Region
53 Project geographic location. Khatlon region is located in South Tajikistan and is one of the most populated regions of the country. It has a territory of 24.8 thous. sq.km and covers two agro-climatic areas – Vakhsh and Kulyab, which are characterized by high temperatures and long-term frost-free period. The amount of annual precipitation varies from 400 to 600 mm per year. Average air temperature in July is + 30-320С, the maximum is up to +480С. Average month temperature in January is positive. The frost-free period lasts here about 250-260 days per year.
54. Land resources. Total area of Khatlon oblast is 24,8 thousand km2. This is the prime cotton area of Tajikistan, producing a third of its production as highly valued long fiber cotton. Horticultural crops include a large variety of garden vegetables, okra pumpkin, maize, tomato, potato, onions, beans, peas, persimmon, lemon, date, and pomegranate trees, as well as some pear and apple trees in the higher elevations. Livestock is prevalent throughout the area, in the form of ruminants (mostly cows and sheep) and small-scale poultry. There is no real fodder production, animals graze randomly along canals, roads, and meadows and live off crop residues in late fall/winter/early spring. Total area of irrigated lands in Khatlon oblast is 13582 ha and the cotton area is 9983,17 ha. Soils are presented mainly by grey-brown serozems (gray soils), typical serozems and salted soils.
55. Land degradation. Due to deforestation, improper irrigation and excessive use of agricultural lands combined with unregulated chemical inputs the region’s land resources are affected by several environmental problems.
(a). Salinization. One of the biggest problems in Khatlon region is exhaustion and degradation of irrigated lands due to poor water and other management practices in agriculture. In Khatlon, about 50 percent of the area is gravity-fed and the remaining areas are dependent upon lift irrigation systems (pumping water up to 200 m high), particularly in Yavan. These areas depend upon water which is pumped from weirs off the Kumsangir, Vaksh and Yavansu rivers. Most of the principal irrigation and drainage infrastructure is in danger of collapse. The system now manifests a rapid deterioration in operating efficiency of pumping stations, increased losses in the main canals and low water use efficiency at the field level. The lack of adequate drainage has exacerbated the problem of rising water table and secondary salinization necessitating expensive emergency interventions. According to Table 2 (see above), in Khatlon region in 2004 3,546 ha of arable land (including 2,358 ha of irrigated land) were abandoned because of increased salinization, water logging and reduced soil fertility.
MIWR 2000 data on the extent of salinity and water logging are given in Table 5
Table 3 Condition of irrigated land, 2000 (’000 ha)


Oblast/zones

Condition of irrigated land




Unsatisfactory by cause




Oblast/Rayon

Good

Satis-factory

Unsatis-factory




High ground water

Salinity

Both




Khatlon




























Qurghonteppa

50

21.9

7.4




6.2

0.9

0.3




Kulob

149.1

44.2

44.2




25.0

15.1

4.1
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