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  • OFFICIAL USE

    Environmental and Social Analyses for five Solar plants Projects

    Concession regime - Tunisia Page | 1 of 21

    OFFICIAL USE

    

    TERMS OF REFERENCE:

    Environmental and Social Analyses for five Category B Solar Plants Projects

    Concession regime

    Tunisia

    CONTENTS

    1 | Background 2

    1.1 | Applicable Requirements 3

    1.2 | Previous and related studies 4

    2 | Objectives of the Assignment 4

    3 | Scope of Work 6

    3.1 | TASK 1: Review of Available Data and Baseline surveys 6

    3.2 | TASK 2: Environmental and Social Assessment 7

    3.3 | TASK 3: Preliminary ESMP 8

    3.4 | TASK 4: Reporting 9

    3.4.1 | Summary of Key Findings 9

    3.4.2 | E&S Assessment Report 9

    3.4.3 | Preliminary ESMP 9

    3.4.4 | Preliminary SEP 10

    4 | Implementation Arrangements 10

    5 | Deliverables 10

  • OFFICIAL USE

    Environmental and Social Analyses for five Solar plants Projects

    Concession regime - Tunisia Page | 2 of 21

    OFFICIAL USE

    1 | BACKGROUND

    The European Bank for Reconstruction and Development (the “EBRD” or the “Bank”) is

    providing technical support to the Ministry of Industry and Small and Mid-size Enterprises

    (‘MIPME’ or the ‘Ministry’) of Tunisia for the development of private renewable energies

    projects.

    The Renewable Energy Law of 2015 envisages three potential options for project development

    from the private sector: (a) export projects, (b) auto-generation projects; and (c) local

    consumption projects (falling under the “authorisation regime” for smaller projects, and the

    “concession regime” for larger capacity).

    The Bank has been actively engaged in a policy dialogue with the Tunisian authorities on

    different aspects of the renewable energy development in the country. For the concession regime,

    EBRD is currently part of a Working Group headed by the Ministry (alongside WB/IFC and

    GIZ, as well as STEG and ANME) to prepare a two-stage tender for projects under the

    “concession regime” totalling 800 MW on state-owned sites (500 MW solar and 300 MW wind).

    The pre-qualification phase launched in May 2018 will be followed by a qualification phase in

    order for the Ministry to select project developers (the “Developer”). It is anticipated that these

    Developers may seek for international financing to build and operate the renewable energy

    plants.

    Seven sites have been identified by the Ministry for the future renewable energy plants: five sites

    for solar plants and two sites for wind plants. The location of the seven sites is provided in

    Annex 4. Information on the five solar sites is provided in Annex 5.

    An Environmental and Social scoping study conducted in July-September 2018 concluded that

    the five solar projects are Category B projects (as per EBRD Environmental and Social Policy

    2014). It has been agreed between the Bank and the Ministry to have the assistance of a

    consultant (“the Consultant”) to carry out Environmental and Social Analyses for each of the

    five projects (the “Assignment”).

    The Consultant will develop an Environmental and Social Analyses, a Preliminary ESMP

    (Environmental and Social Management Plan) and a Preliminary SEP (Stakeholder Engagement

    Plan) for each of the five projects. The Environmental and Social Analyses should be as

    detailed as possible (full baseline, light impact assessment and preliminary Environmental and

    Social Management Plan including biodiversity monitoring program). The preliminary ESMP

    and the preliminary SEP will be turned into a final ESMP and SEP by the project developer once

    selected (which means once final technology and layout are confirmed); this will be undertaken

    separately by the Developer (not under this Assignment). The Environmental and Social

    Analyses studies will be shared by the Ministry to the pre-qualified bidders.

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    Environmental and Social Analyses for five Solar plants Projects

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    OFFICIAL USE

    1.1 | APPLICABLE REQUIREMENTS

    The Environmental and Social Analyses have to allow future project financing. Therefore they

    are to be carried out in accordance with:

     National legislation as well as relevant EU substantive environmental standards,

    including (but not limited to) the pertinent requirements of the EIA Directive (as updated

    in 2014), Industrial Emissions Directive, and Birds and Habitat Directives. When host

    country regulations differ from EU substantive environmental standards, the Project will

    be expected to meet whichever is the more stringent;

     Tunisian Decree #2005-1991 dated 11th of July 2005, in relation to Environmental Impact

    Assessment;

     The EBRD’s Environmental and Social Policy (ESP) and Performance Requirements

    (PRs) 20141 with a particular emphasis on compliance with PR1;

     Public consultation and stakeholder engagement will be tailored for the Project, be

    meaningful and will allow for disclosure of information and public participation in

    decision-making (in accordance with PR10);

     Disclosure of the ESIA in accordance with EBRD’s Public Information Policy (PIP);

     The IFC’s Environmental and Social Sustainability Policy (2012) and its Performance

    Standards on Environmental and Social Sustainability , (“IFC Performance Standards”);

     The Equator Principles;

     World Bank Group Environmental, Health and Safety General Guidelines2 (“WBG EHS

    General Guidelines”);

     World Bank Group Industry Sector EHS Guidelines: Electric Power Transmission and

    Distribution if needed3;

     Good International (Industry) Practices (“GIIPs”)4,

     IFC’s Stakeholder Engagement Good Practice Handbook5;

     IFC’s Handbook for Preparing a Resettlement Action Plan6, if needed;

    1 Available at http://www.ebrd.com/downloads/research/policies/esp-final.pdf

    2 http://www.ifc.org/wps/wcm/connect/topics_ext_content/ifc_external_corporate_site/ifc+sustainability/our+approa

    ch/risk+management/ehsguidelines

    3 https://www.ifc.org/wps/wcm/connect/66b56e00488657eeb36af36a6515bb18/Final%2B-

    %2BElectric%2BTransmission%2Band%2BDistribution.pdf?MOD=AJPERES&id=1323162154847

    4 According to IFC PS, GIIP are “defined as the exercise of professional skill, diligence, prudence, and fo resight that

    would reasonably be expected from skilled and experienced professionals engaged in the same type of undertaking

    under the same or similar circumstances globally or regionally.”

    5 https://www.ifc.org/wps/wcm/connect/topics_ext_content/ifc_external_corporate_site/sustainability-at-

    ifc/publications/publications_handbook_stakeholderengagement__wci__1319577185063

    6 https://www.ifc.org/wps/wcm/connect/topics_ext_content/ifc_external_corporate_site/sustainability-at-

    ifc/publications/publications_handbook_rap__wci__1319577659424

    http://www.ebrd.com/downloads/research/policies/esp-final.pdf

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    Environmental and Social Analyses for five Solar plants Projects

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    OFFICIAL USE

     Relevant international conventions and protocols relating to environmental and social

    issues, to which Tunisia is a signatory and/or as transposed into national legislation7.

    The Project shall include all reasonable measures to avoid, minimise, mitigate or compensate

    any adverse change in environmental and social conditions and impacts on public health and

    safety, especially with respect to any disproportionate impacts to vulnerable people who, as a

    result of their gender, age, ethnicity, disability, socio-economic status and/or other personal

    characteristics, may be disproportionately affected by the Project. The Consultant will work

    alongside with the relevant EBRD staff and the relevant personnel of the Ministry, and more

    generally with the Working Group if needed.

    1.2 | PREVIOUS AND RELATED STUDIES

    Very limited environmental and social (E&S) studies have been carried out to date on these five

    sites. An E&S scoping study (dated 2018) will be provided to the Consultant upon award – or if

    requested during proposal preparation (subject to confidentiality undertaking). This Scoping

    study contains information, for each of the seven projects, on project categorization and

    description, natural and human environment, preliminary analyses of impacts.

    On a technical perspective, the Working Group is mobilising other technical co-operation

    studies, which will provide important inputs for the proposed assignment. They include the pre-

    feasibility and pre-design studies, which will be conducted in parallel to the Environmental and

    Social Analyses. A close cooperation is expected between the Environmental and Social

    Analyses Consultant and the Pre-feasibility study Consultant.

    2 | OBJECTIVES OF THE ASSIGNMENT

    The objective of the Assignment is to identify and assess any potentially significant future

    adverse

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