Environmental and Social Management Framework

Irrigation Development Project in Bosnia and Herzegovina (IDP) January, 2012.

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CONTROL SHEET

Client: Federal Ministry of Agriculture, Water Management and Forestry

RS Ministry of Agriculture, Forestry and Water Management

Project: Irrigation Development Project, Bosnia and Herzegovina

Environmental and Social Assessment

Title: Environmental and Social Management Framework

Status: Draft Final

Accounting Code: D-1091

Registry No.: UP-02-996/11-1

Other Documents Related to the Contract:

Registry No.: Title:

UP-02-996/11-2

Environmental Management Plan and Social Impact Assessment for the Sub-project Goražde (Federation of BiH)

UP-02-996/11-3

Environmental Management Plan and Social Impact Assessment for the Sub-project Mostarsko Blato (Federation of BiH)

UP-02-996/11-4

Environmental Management Plan and Social Impact Assessment for the Sub-project Gojkovo polje - Pelagićevo (Republika Srpska)

UP-02-996/11-5

Environmental Management Plan and Social Impact Assessment for the Sub-project Novo Selo - Bijeljina (Republika Srpska)

UP-02-996/11-6

Environmental Management Plan and Social Impact Assessment for the AL420 – Gradiška&Laktaši (Republika Srpska)

Project manager: Internal control: Director:

Name and surname, title

M.Sc Sanda Midžić Kurtagić,

B.Sc.C.E.

Dr Irem Silajdžić,

B.Sc.Envtl.Eng.

Prof. dr. Tarik Kupusović, B.Sc.

DATE SIGNATURE SIGNATURE SIGNATURE

10.01.2012

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GENERAL DATA

Consultant: Hydro-Engineering Institute of Civil

Engineering Faculty Sarajevo Prism Research Marsala Tita 6t

Stjepana Tomića 1 71000 Sarajevo 71000 Sarajevo tel: + 387 33 251 230 tel: + 387 33 212 466/7 fax: + 387 33 251 238 fax: + 387 33 207 949 E-mail: info@prismresearch.ba E-mail: heis@heis.com.ba Web: http://www.prismresearch.ba Web: http://www.heis.com.ba

Project team:

M.Sc. Sanda Midžić Kurtagić, B.Sc.C.E. Dino Đipa, MBA, B.Sc. in Psychology

Jasminka Bjelavac, B.Sc.C.E. Elma Zahirović, B.Sc.P.A. Sabina Hažiahmetović, B.Sc.C.E. Aida Šabanović, B.Sc Psychology Semra Fejzibegović, B.Sc.C.E. Admir Alađuz, B.Sc Biology Željko Lozančić, B.Sc.C.E.

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ABBREVIATIONS AND ACRONYMS BiH – Bosnia and Herzegovina EA – Environmental Assessment EIA – Environmental Impact Assessment EIS – Environmental Impact Study EMF – Environmental Management Framework EMP – Environmental Management Plan EPA –USA Environmental Protection Agency ESMF – Environmental and Social Management Framework EU – European Union FBiH – Federation of Bosnia and Herzegovina FMEandT – Federal Ministry of Environment and Tourism IDP – Irrigation Development Project NGO – Nongovernmental Organisation OP – Operational Policy PAD – Project Appraisal Document PID – Project Information Document RS – Republika Srpska SIDA – Swedish International Development Agency USAID – US Agency for International Development USD – American Dollar WB – World Bank

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EXECUTIVE SUMMARY The World Bank is providing assistance to the Government of Bosnia and Herzegovina for the Irrigation Development Project (IDP). The objective of the project is to sustainably improve the irrigation systems and the institutional framework to support increased agricultural production for farmers and agricultural producers, across the country. Majority of project funds will be used for targeted investments in rehabilitation, modernization and improvement of existing irrigation schemes in a phased approach. For the investments that will become identified during Project implementation, all of the environmental assessment requirements both of Bosnia and Herzegovina and the World Bank will apply. As such, this Environmental and Social Framework Document will establish an approach to meeting reconciled requirements of both parties and presents a unified policy and procedure to be followed. The Framework document contains: Description of the environmental assesment procedure for irrigation procjets, Integration with other procedures, Irrigation Reconstruction EMP Checklist, Methodology and guidelines for social assesment, Ressetlement policy farmework Integrated pest management plan.

The Environmental Assesment Procedure and and integration with other procedures (Section 2 and 3) is based on procedures attributed to law in the following areas: i) the environment, ii) waste management, iii) water management, iv) agriculture, v) concession and vi) construction. The WB Procedures that were subject of the analyses:

OP/BP 4.04, Natural Habitats OP 4.07, Water resources management OP 4.09, Pest Management OP/BP 4.10, Indigenous Peoples OP/BP 4.11, Physical Cultural Resources OP/BP 4.12, Involuntary Resettlement OP 4.36, Forests OP 4.76, Tobacco OP 7.50, Projects on International Waterways OP 7.60, Projects in Disputed Areas

The procedure OP 4.76, Tobacco, regulates that Bank not lend directly for, invest in/or guarantee investments or loans for tobacco production, processing, or marketing. A comparative analysis of the regulations in Bosnia and operational procedures of the World Bank, shows that for reconstruction projects in the F BiH is needed to prepare Environmental and Social Management Plan, while for projects in the Republic of Srpska it is needed to prepare a document that corresponds to content and form of Application for Preliminary Assessment, including elaboration of social aspect, as required by procedure OP / BP 4.01. By the analysis of other regulations it was determined that the projects of reconstruction of the irrigation systems need to have water permits, construction permit, to use water as a public good must obtain a concession. Therefore, the necessary steps prior to the commencement of the public procurement of works on the execution of the reconstruction of the F BiH, the following:

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Step 1. Prepare Environmental Management Plan Step 2. Organize consultation with stakeholders Step 3. ObtainPreliminary Water Agreement. Step 4. Obtain Location Permit Step 5. Obtain a Concession for water resources use Step 6. Obtain Water Permit. Step 7. Obtain Construction Approval. Step 8. Obtain Use Permit.

The necessary steps prior to the commencement of the public procurement of works on the execution of the reconstruction of the RS, are the following: Step 1. Obtain Location Permit Step 2. Obtain Preliminary Water Agreement Step 3. Prepare Environmental Management Plan and Application for Preliminary

Environmental Impact Assesment. Step 4. Organize consultation with stakeholders Step 5. Prepare Environmental Impact Assesment Study Step 6. Obtain Environmental Permit Step 7. Obtain Water Agreement. Step 8. Obtain a Concession for water resources use Step 9. Obtain Construction Approval. Step 10. Obtain Water Permit. Step 11. Obtain Use Permit.

To assess the environmental impacts of future projects that are under consideration for financing, and that are involving only the reconstruction of existing irrigation systems the Irrigation Reconstruction EMP Checklist (IR EMP Checklist) which is given in Chapter 4 will be used . Main purpose of the Irrigation Reconstruction EMP Checklist (IR EMP Checklist) is to provide a simple tool for identification of potential environmental impacts related to rehabilitation, modernization or improvement of existing irrigation schemes, and schemes that for a number of years have not been operating (due to war conditions, concessionaire/user gone out of business, etc.). The term irrigation is understood to cover the related drainage facilities (underground drainage pipes, or open channels). The EMP checklist then provides a set of associated environmental mitigation measures as well as monitoring measures that will help assess the implementation of the selected mitigation measures. For any future priority schemes that require significant operations on the environment, more detailed Environmental Management Plan will be required. In doing so, the contents of the EMP for the sub-project sites in the FBiH and the RS will vary due to the need to prepare a unique document that will satisfy the requirements of the World Bank and the Law on Environmental Protection in RS. The EMP checklist-type format attempts to cover typical core mitigation approaches to civil and other reconstruction works with small, localized impacts on existing irrigation systems. It is accepted that this format provides the key elements of an Environmental Management Plan (EMP) or Environmental Management Framework (EMF) to meet World Bank Environmental Assessment requirements under OP 4.01. The intention of this checklist is that it would be applicable as guidelines for the rehabilitation works contractors and constitute an integral part of bidding documents and contracts for contractors carrying out said works under Bank-financed projects.

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The methodology of social assesment is presented in Chapter 5. The assessment of the social frame is carried out in three phases: Phase 1. Review of the existing data and preparation of the instruments Phase 2. Qualitative research Phase 3. Quantitative research

Qualitative research requires data collection by means of the focus group method and detailed interviews. The interviews and discussions in focus groups represent efficient methods to test some of the presented hypotheses. The accomplishment of these methods is the best way to prepare the questionnaires for quantitative research. Focus groups are created with the population of the project locations and the interviews with the representatives of the local communities, the representatives of the association of agricultural workers and with the representatives of the companies from the agricultural sector. Focus group guide (Appendix 1) was developed in order to create focus groups and it consists of 32 questions divided into four areas: i)The general opinion of the individual agricultural workers regarding the agricultural sector and the main participants; ii)Data regarding the agricultural activities; iii)Influence of the Project; and Cooperation. The participants in the focus groups are selected according to the criteria checked in the field Questionnaire on socio-demographic characteristics (Appendix 2). The data collected by carrying out the quantitative research are used to: determine fears and expectations of the population that can be used as indicators; identify the main social issues regarding the reforms supported by the Project and

particularly the set of interventions envisaged by each of the components; to assess the possible positive and negative influence of the Project in quantitative

sense, as much as possible, about the key participants, especially the poor and the most vulnerable social groups that depend on the water resources and irrigation

to assess the key (formal and informal) institutions in the water management sector that will be included in making alleviation measures, rating their roles, capacities and training needs.

Quantitative research is carried out by means of direct surveys (interviews face-to-face) of the households on the project locations. The survey is carried out with Questionnaire for the survey of the households that are potential direct users of IDP (Appendix 5) and Questionnaire for the survey of the households that could be indirectly affected by the project IDP (Appendix 6). The questionnaires contain 60, mostly closed questions and 11 standard demographic questions. The surveys can be carried out on the sample of 200 households. The surveyed are the households that are the owners, proprietors or users of the land that is situated on the subject locations, the households in which it is possible to survey the head of the household, namely the person that is familiar the most with the data regarding the agricultural production, the finances etc. Guidelines for the implementation procedures of temporary or permanent exclusion of private property affected by the project (expropriation, displacement, right of way) are given in Chapter 6. Significant and demanding construction or soil cultivation projects may consequentially require limited or full acquisition of real property from their owners, or creation of right of ways for the pertaining real property. The extent of a full property acquisition in certain circumstances may be such to disable continuation of the existence in the related area, as well as result in the need of the resettlement of land owners from their former residence to some other areas. Below is an overview of stages of proceedings and appropriate action to be taken, and the review of compensation for the case when the rights or property are under impact of the project.

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Process Phase Actions/activities

Prior to initiation of the expropriation process

Public interest determination

Informing and public discussions

Prior to initiation of the official expropriation process

Settlement of the transfer of ownership right by agreement

Prior to expropriation process Proposal submission

Expropriation process initiated Determination of ownership rights

Expropriation decision making process

Expropriation of the real property remainder

Taking possession of the expropriated real property

Abandonment of the expropriation proposal

Second-instance administrative procedure per appeal

Settlement of appeals to the expropriation decisions

Administrative dispute Decision making on appeal against the expropriation decision

Expropriation process is completed

Registration of ownership and other property rights

Determining the amount of the compensation in administrative procedure

Court (non-contentious) procedure Determining the amount of the compensation in court procedure

Expropriation process is completed Request for real property deexpropriation Type of Project Affected Right or Property

Compensation Entitlements

Registered plot of land with registered residential structure

OPTION 1: RESETTLEMENT WITH REPLACEMENT PROPERTY Replacement property including residential plot of

similar size and characteristics, and residential structure of similar size and characteristics, or

OPTION 2: CASH COMPENSATION Cash compensation for plot and structure at market, or

full value, and Moving allowance

Registered non-residential structure, on registered plot of land

Cash compensation to the structure owner at market, or full values, and

Cash compensation for the plot at market value Registered agricultural land plot Provision of a replacement agricultural plot of similar

size and characteristics, or Cash compensation at replacement value

Annual crops (yield)

Cash compensation at market value to the owner of the crop if he has evidence of lease of land plot from the landowner

Cash compensation to the landowner at market value

Perennial crops Cash compensation at market value to the owner of the crop if he has evidence of lease of land plot from the landowner

Cash compensation to the landowner at market value

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Type of Project Affected Right or Property

Compensation Entitlements

Business Replacement property will be given as compensation to the previous owner of the expropriated premises used for business purposes by the expropriation beneficiary before demolition of the business premises.

Privately owned forest land Cash compensation at market value of the plot to the landowner and

Cash compensation at market value of the lost timber to the timber owner

Agricultural land plot registered in the name of the individual distinct from the user

Cash compensation at replacement value of the plot to land owner or his/her successors, and

Cash compensation for any developments (development activities) to the owner of these developments (applicable to irrigation or drainage structures, perennial plantations, structures, etc.)

Registered plot of land with residential structure without construction permit, built by the owner of the plot

Only if subject to successful legalisation: OPTION 1: RESETTLEMENT WITH REPLACEMENT PROPERTY Replacement property including the plot and residential

structure of similar size and characteristics (replacement property) and plot attached to the property, and

Moving allowance, or OPTION 2: CASH COMPENSATION Cash compensation both for the plot and the residential

structure at market, or full value, and Moving allowance

Residential structure illegaly built on the plot owned by another individual

Only if subject to successful legalisation: Cash compensation at market value to the structure

owner, and Moving allowance to the structure owner, and Cash compensation at market value of the plot to the plot

owner and/or his successors Residential structure illegally built on the plot under public ownership

Only if subject to successful legalisation: Cash compensation at market value of the structure to

the structure owner, and Moving allowance to the structure owner

Illegally built non-residential structures on the registered land

Only if subject to successful legalisation: Cash compensation at market value of the structure – to

the structure owner, and Cash compensation at market value of the plot

Illegally built non-residential structure on the plot owned by another individual

Only if subject to successful legalisation: Cash compensation at market value of the structure to

the structure owner, and Cash compensation at market value of the plot to the plot

owner and/or his successors Illegally built non-residential structures on the plot under public ownership

Only if subject to successful legalisation: Cash compensation at market value of the structure and

pertaining land to the owner

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Integrated pest management plan (Chapter 7) will serve the farmers to obtain the necessary information on good agricultural practices to reduce the burden of environmental pollution caused by excessive use of pesticides and reduce the risk to human health and animal by complete remove of pesticides from use. The plan contains the following chapters:

Plan objectives and purpose, Institutional framework, Past trainings and education, Present problems with diseases, pests and weeds in BiH, The methods of disease and pest control in BiH, Expected agricultural production in the project area, Basic steps of the integral pest management plan, Plant protection methods, Correct pesticides use, Control of pests threatening human health and animals.

The competent authority dealing with prevention and control of crop diseases and pests, and control of the import of chemicals is the Administration of Bosnia and Herzegovina for Plant Health Protection, established under the Ministry of Foreign Trade and Economic Relations. The relevant institutions at the entity level are Federal Ministry of Agriculture, Water Management and Forestry and the Ministry of Agriculture, Forestry and Water Management of the Republika Srpska which perform administrative, technical and other tasks under the responsibility of the Federation of Bosnia and Herzegovina and the Republika Srpska. They are, inter alia, related to the protection of agricultural plants and agricultural products from disease, pests and weeds, as well as training of farmers.

Integrated pest management approach is based on six basic steps:

Proper identification of pest, Knowledge of the biology and pest and host life, Monitor or sample environment for pest population, Establishing action threshold, Choosing the proper combination of methods, Evaluation of results.

In Bosnia and Herzegovina, various methods can be applied to keep pests and diseases under control or to completely eradicate them. Following methods are used and elaborated for these purposes:

Mechanical, Biological, Chemical.

Guidelines on proper application of pesticides are taken from the handbook prepared within the FARMA project. The guidelines contain the following:

Guidelines for appropriate use, i.e. preparation and application of pesticides, Guidelines for storage, Guidelines for transport, Guidelines for organisation and maintenance, Guidelines for safety on work, Guidelines for register of pesticides, Guidelines for wastewater management, Guidelines for additional protection of bees.

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TABLE OF CONTENTS

1 BACKGROUND 1

1.1 INTRODUCTION 1 1.2 PROJECT OVERVIEW 1

2 OVERVIEW OF ENVIRONMENTAL REQUIREMENTS IN BIH 3

2.1 ENVIRONMENTAL ASSESSMENT AUTHORITY 3 2.2 ENVIRONMENTAL ASSESSMENT PROCEDURE 3 2.2.1 FEDERATION BIH 3 2.2.2 REPUBLIKA SRPSKA 7 2.3 REGULATIONS IN WATER SECTOR THAT HAVE IMPACT ON THE ENVIRONMENTAL

ASSESSMENT 10 2.4 WASTE MANAGEMENT REGULATION THAT HAVE IMPACT ON THE ENVIRONMENTAL

ASSESSMENT 11 2.5 REGULATIONS IN AGRICULTURE THAT MAY HAVE IMPACT ON THE ENVIRONMENTAL

ASSESSMENT 12 2.6 OTHER REGULATIONS THAT MAY HAVE IMPACT ON THE ENVIRONMENTAL ASSESSMENT 15 2.6.1 CONCESSIONS 15 2.6.2 CIVIL CONSTRUCTIONS 16 2.7 OVERVIEW OF WORLD BANK ENVIRONMENTAL REQUIREMENTS 16 2.8 OVERVIEW OF RELEVANT EU DIRECTIVES 23 2.8.1 ENVIRONMENT AND WATERS 23 2.8.2 AGRICULTURE 29

3 ENVIRONMENTAL REVIEW PROCESS 33

3.1 ENVIRONMENTAL ASSESSMENT PROCESS FOR SUB-PROJECTS IN FBIH 33 3.2 ENVIRONMENTAL ASSESSMENT PROCESS FOR SUB-PROJECTS IN RS 36 3.3 CAPACITY BUILDING AND TRAINING NEEDS 40

4 EMP CHECKLIST FOR IRRIGATION RECONSTRUCTION ACTIVITIES 43

4.1 INTRODUCTION 43 4.2 DESCRIPTION OF THE IR EMP CHECKLIST 43 4.3 DIRECTIONS FOR USE AND APPLICATION OF RESULTS 43 4.4 THE IR EMP CHECKLIST 45

5 SOCIAL ASSESSMENT FRAMEWORK 53

5.1 INTRODUCTION 53 5.2 METHODOLOGY 54

6 RESETTLEMENT POLICY FRAMEWORK 57

6.1 INTRODUCTION 57 6.2 WORLD BANK RESETTLEMENT REQUIREMENTS 57 6.3 BIH REAL PROPERTY ACQUISITION/EXPROPRIATION/RESETTLEMENT POLICIES AND

PROCESSES 60 6.3.1 CONSTITUTION GUARANTEED RIGHT TO PROPERTY 60 6.3.2 EXPROPRIATION 61 6.3.3 COMPENSATION FOR EXPROPRIATED REAL PROPERTY 62

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6.3.4 PROPERTY EASEMENTS 63 6.3.5 COMPENSATION FOR EASEMENT 64 6.3.6 EXPROPRIATION PROCESS 65 6.3.7 TAKING POSSESSION OF EXPROPRIATED REAL PROPERTY 65 6.3.8 EXPROPRIATION PROCESS COSTS 66 6.3.9 PROCESS FOR DETERMINING COMPENSATION FOR EXPROPRIATED REAL PROPERTY 66 6.3.10 RIGHT TO BUILD 66 6.4 PROPERTY REGULATIONS RELEVANT TO THE PROJECT 68 6.4.1 EXPROPRIATION LAWS OF THE FEDERATION OF BIH AND THE REPUBLIKA SRPSKA 68 6.4.2 LAW ON PROPERTY RELATIONS AND LAW ON PROPERTY RIGHTS 68 6.4.3 WATER LAWS 69 6.4.4 FBIH AND RS LAWS ON NON-CONTENTIOUS PROCEEDINGS 69 6.4.5 FBIH LAW ON USURPATIONS 70 6.4.6 AGRICULTURAL LAND LAW 71 6.4.7 REGULATIONS FOR LEGALISATION OF ILLEGAL CONSTRUCTIONS 72 6.4.8 FBIH AND RS LAW ON CONSTRUCTION LAND 73 6.4.9 FOREST LAWS OF THE FEDERATION OF BIH, REPUBLIKA SRPSKA AND BRČKO DISTRICT 74 6.5 INSTITUTIONAL FRAMEWORK RELATED TO THE PROJECT 74 6.6 RESETTLEMENT PROCESS GUIDELINES FOR THE PROJECT 75

7 INTEGRATED PEST MANAGEMENT PLAN 83

7.1 PLAN OBJECTIVES AND PURPOSE 83 7.2 INSTITUTIONAL FRAMEWORK 83 7.3 PAST TRAININGS AND EDUCATION 83 7.4 PRESENT PROBLEMS WITH DISEASES, PESTS AND WEEDS IN BIH 85 7.5 THE METHODS OF DISEASE AND PEST CONTROL IN BIH 86 7.6 EXPECTED AGRICULTURAL PRODUCTION IN THE PROJECT AREA 88 7.7 BASIC STEPS OF THE INTEGRAL PEST MANAGEMENT PLAN 88 7.8 PLANT PROTECTION METHODS 90 7.9 CORRECT PESTICIDES USE 96 7.10 CONTROL OF PESTS THREATENING HUMAN HEALTH AND ANIMALS 101

8 PUBLIC CONSULTATIONS AND DISCLOSURE 103

ANNEX 1. MINUTES OF MEETING AND ATTENDANCE SHEETS FROM PUBLIC CONSULTATION MEETINGS IN SARAJEVO AND BANJA LUKA 105

ANNEX 2. GUIDES HOW TO LEAD DISCUSSIONS IN FOCUS GROUPS AND FOR INTERVIEWS 115

ANNEX 3. QUESTIONNAIRE FOR THE PARTICIPANTS’ RECRUITMENT IN FOCUS GROUPS 121

ANNEX 4. INTERVIEWS WITH THE KEY PARTICIPANTS FROM THE MUNICIPALITIES 125

ANNEX 5. INTERVIEWS WITH THE COMPANIES, OWNERS AND USERS OF THE LAND ENCOMPASSED BY THE PROJECT 129

ANNEX 6. QUESTIONNAIRES FOR THE SURVEY WITH THE HOUSEHOLDS THAT ARE THE POTENTIAL USERS OF THE PROJECT 133

ANNEX 7. QUESTIONNAIRE FOR THE SURVEY OF THE HOUSEHOLDS THAT COULD BE INDIRECTLY AFFECTED BY THE IDP 145

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LIST OF TABLES Table 1 Comparative Overview of the Contents of Documents Relevant to the Environmental Assessment, FBiH ............................................................................................................................................................. 5 Table 2 Comparative Overview of the Contents of Documents Relevant to the Environmental Assessment, RS .................................................................................................................................................................. 9 Table 3 Regulations in agriculture, BiH ................................................................................................................ 12 Table 4 Regulations in agriculture, FBiH ............................................................................................................. 13 Table 5 Regulations in agriculture, RS .................................................................................................................. 14 Table 6 Environmental Assessment Categories and Instruments Pursuant to the Operational Policy 4.01 ........................................................................................................................................................................ 17 Table 7 Harmonisation of EU Directives with FBiH Environment and Water Regulations ............ 24 Table 8 Harmonisation of EU Directives with RS Environment and Water Regulations ................. 27 Table 9 Overview of Directives in Agriculuture Relevant to Irrigation Projects ................................ 30 Table 10 Irrigation Projects Locations in the FBiH and their Characteristics...................................... 33 Table 11 Agricultural Projects Requiring Environmental Assessment in FBiH .................................. 34 Table 12 Project Environmental Requirements in FBiH ............................................................................... 34 Table 13 Agencies Authorized for the Issue of Water Acts in FBiH .......................................................... 35 Table 14 Irrigation Project Locations in RS and their Characteristics .................................................... 36 Table 15 Project Environmental Requirements in RS .................................................................................... 37 Table 16. Consolidated content of the EA Document for priority schemes in RS ............................... 38 Table 17 Agencies Authorised for the Issue of Water Acts in RS ............................................................... 38 Table 18. Expropriation process ............................................................................................................................. 75 Table 19. Compensation matrix............................................................................................................................... 78 Table 20. Diseases and Pests Present at Five Priority Scheme Sites ........................................................ 86 Table 21 Diseases and Pest Control Methods Used in BIH ........................................................................... 87 Table 22 Methods Used in Five Locations in Bosnia and Herzegovina ................................................... 87 Table 23. Expected Crops at Five Analysed Locations in BIH ..................................................................... 88 Table 24 Description of Mechanical Methods Available for Use in the BIH Area ............................... 90 Table 25 Biological Pest Control Methods .......................................................................................................... 92 Table 26 Application of Arthropods in Pest Control ....................................................................................... 93 Table 27 Types of Chemical Pesticides and Their Purpose .......................................................................... 94 Table 28 Threshold Decision on the Use of Pesticides for Certain Pest Types .................................... 94 Table 29 List of Prohibited Substances Active in BIH Whose Trade, or Use is Prohibited in the EU Countries ........................................................................................................................................................................... 95 Table 30 Known Types of Pest-Borne Diseases ............................................................................................. 101

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LIST OF FIGURES Figure 1 EIA procedure in FBiH .................................................................................................................................. 6 Figure 2. EIA procedure in RS .................................................................................................................................. 10 Figure 3 Integrated Pest Management Methods............................................................................................... 90

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1

1 BACKGROUND

1.1 INTRODUCTION

The World Bank is providing assistance to the Government of Bosnia and Herzegovina for the Irrigation Development Project (IDP). The objective of the project is to sustainably improve the irrigation systems and the institutional framework to support increased agricultural production for farmers and agricultural producers, across the country. Majority of project funds will be used for targeted investments in rehabilitation, modernization and improvement of existing irrigation schemes in a phased approach. Although majority of investments under this Project have been identified, additional locations may be identified during Project Implementation, or based on prioritization or project documentation becoming available. For the investments that will become identified during Project implementation, all of the environmental assessment requirements both of Bosnia and Herzegovina and the World Bank will apply. As such, this Environmental and Social Framework Document will establish an approach to meeting reconciled requirements of both parties and presents a unified policy and procedure to be followed. The EMF document also includes a sample Environmental Management Plan (EMP) drafted based on the requirements of the EMF process, a Checklist EMP to be used for simple reconstruction works in lieu of the EMP, detailed methodology and guidelines to be used for the development of site-specific Social Assessments, a Resettlement Framework in cases where land expropriation or resettlement would be necessary and an Integrated Pest Management Plan in the event that increased agricultural production may lead to an increased use in pest management practices.

1.2 PROJECT OVERVIEW

In June 2008, BiH institutions addressed the World Bank with a request to consider funding support to the IDP in BiH. The goal of this Project is to ensure increased profitability and productivity of agriculture through improved water management and modernisation of irrigation systems. The IDP has three components:

1. Investments into the rehabilitation and modernisation of irrigation and drainage systems,

2. Improvement of the institutional capacity in public and private sector through organisation and training for water users,

3. Support to project implementation, monitoring, and evaluation. In 2009, the Strategic Framework for Agriculture, Food and Rural Development and its operational programme with a set of measures to be implemented on higher administration levels were adopted. The programme, within the scope of the priorities related to agricultural – environmental measures, provides support by increasing the irrigated arable land area. The goal of this measure is to increase irrigation from 0.6% to 1.6% of arable land in the mid-term period. The planned IDP is implemented in both entities (the Federation of BiH and the Republika Srpska). In the past period, certain steps for improvement of irrigation and drainage were taken in both entities, in terms of the preparation of certain projects, plans and programmes. Thereby, the Study of the Sustainable Development of Irrigated Areas in the Republika Srpska was prepared in February 2008, as well as the Action Plan for the period 2008/2017 (Ministry of Agriculture,

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Forestry and Water Management), and in the Federation of BiH the Irrigation and Drainage Programme was prepared in 2008 (FBiH Ministry of Agriculture, Water Management and Forestry). In the first stage, total of eleven projects were considered for financing. Of that, five locations are selected as priority schemes. The table below gives summary of priority schemes and those that are considered for future financing.

Table 1. Review of considered projects

Entity Municipality Location Needs

PRIORITY SCHEMES

FBiH Široki Brijeg Mostarsko blato Reconstruction and expansion of the existing irrigation system

Goražde and Foča Ustikolina

Cvilinsko polje Construction of new irrigation system

RS Pelagićevo Gojkovo polje Reconstruction of the existing irrigation system

Bijeljina Novo Selo Reconstruction of the existing irrigation system

CONSIDERED ADDITIONAL LOCATIONS

FBiH Čapljina Višićka kaseta Reconstruction and expansion of the existing irrigation system

Odžak Revitalisation and expansion of irrigation and drainage systems

Živinice Reconstruction of the existing drainage system

RS Modriča Pustara Reconstruction and expansion of the existing irrigation system

Trebinje Mokro polje and Popovo polje

Reconstruction and modernisation of the existing irrigation system

Nevesinje Zlatac – Sopilja

Reconstruction of the existing irrigation system with provision of additional water quantities

Gradiška and Laktaši AL420 Reconstruction of the existing irrigation system

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2 OVERVIEW OF ENVIRONMENTAL REQUIREMENTS IN BIH

2.1 ENVIRONMENTAL ASSESSMENT AUTHORITY

Pursuant to the Dayton Agreement, Bosnia and Herzegovina consists of two entities (the Federation and the Republika Srpska) and the Brčko District. The Federation of Bosnia and Herzegovina consists of 10 Cantons, therefore competences are split between the Federal and Cantonal Ministries responsible for environment. Federal Municipalities have no competence over the environmental assessment. In the Republika Srpska, there are no cantons, but competences are split between the RS and the Municipalities.

International treaties and conventions on environmental protection are under the competence of the Ministry of Foreign Trade and Economic Relations of Bosnia and Herzegovina.

Considering that the irrigation projects are located outside the District of Brčko, the regulations of the District will not be analysed in the document.

The environmental assessment in BiH is implemented within the environmental permit issuing procedure.

The Entity ministries responsible for waters and their respective Water Agencies are responsible for issuing preliminary water approval whose conditions makes constituent part of environmental permit.

2.2 ENVIRONMENTAL ASSESSMENT PROCEDURE

2.2.1 Federation BIH

The procedure for issuance of environmental permits in the Federation is prescribed by: Law on Environmental Protection ("Official Gazette of FBiH" 33/03), Law on Amendments to Law on Environmental Protection ("Official Gazette of FBiH"

38/09), Regulations of plants and facilities requiring environmental impact assessment and

plants and facilities allowed to be constructed and commission only if provided with the environmental permit ("Official Gazette of FBiH" 19/04) (hereinafter referred to as the Federal Regulations),

The Federal Regulations define: plants and facilities requiring a mandatory environmental impact assessment, plants and facilities for which the environmental impact assessment is carried out based

on the assessment of the Federal Ministries, and plants and facilities that do not require environmental impact assessments, and for

which the Federal Ministry issues the environmental permit.

For plants and facilities requiring environmental impact assessment, assessment procedure begins with the submission of the Environmental Impact Study (the Study) to the Federal Ministry of Environment and Tourism (hereinafter: the Ministry). Throughout the assessment procedure, the Ministry provides the Study available to the public via the website of the Ministry, informs and invites public to discuss the Study (ensuring participation of the public and the stakeholders), and appoints an expert committee to review the Study. After conducting

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the public hearing and assessment of the expert committee, the Ministry issues a Decision approving or rejecting the Study. In case of the approval, the Ministry issues a Decision approving the environmental permit. In case of refusal, the procedure is terminated.

For plants and facilities for which the environmental impact assessment is carried out based on the assessment of the Federal Ministry, the assessment procedure begins by preparation and submission of the Request for environmental permit to the competent Ministry and the Ministry submits the Request along with the attachments to the competent authorities and stakeholders for the purpose of receiving opinions and suggestions (ensuring participation of the public and the stakeholders). While reviewing the Request for the environmental permit, the Ministry takes into account the following criteria: Project characteristics (size, accumulation of other structures, use of natural resources,

production of waste, pollution and interferences, the risk of accidents, etc.) Project location and environmental sensitivity of geographical areas likely to be affected

by the project (existing land use, availability, quality and regenerative capacity of natural resources, absorption capacity of the natural environment: wetlands, coastal zones, protected areas, etc.)

Characteristics of potential impacts (extent of impact, impact of the transboundary nature, size and complexity of the impact, impact probability, duration, frequency and reversibility).

If it is determined that the location of the project is in the zone under a specific protection regime, either under the Water Law (water protection zone) or Law on Environment Protection, then the estimate is required to verify compliance of the activities with the protection regimes and potential impacts.

If, based on the Environmental Permit Request and the enclosed evidence, it is determined that the Environmental Impact Study (EIS) is not necessary, the Ministry shall issue the Environmental Permit. Otherwise, the Ministry issues the Decision on the necessity of carrying out the Environmental Impact Assessment. The development of the Study includes the obligation to conduct a public discussion, and the evaluation of the Study is carried out by the expert commission appointed by the Minister.

For plants and facilities not requiring the Environmental Impact Assessment, for which the Federal Ministry issues the environmental permit, the procedure for the environmental permit begins with the submission of the Environmental Permit Request to the Ministry, which issues the environmental permit within 120 days from the date of application.

For projects, plants and facilities allowed to be constructed and commissioned only if provided with the environmental permit and which, based on the size and capacity belong to the cantonal level pursuant to the cantonal regulations, it is necessary to prepare the Environmental Permit Request. The Request shall be submitted to the competent cantonal Ministry of Environmental Protection, which has an obligation to publish the Request on the website of the Ministry, and deliver the copies of the Request to the stakeholders for comments and suggestions to ensure public participation.

The comparative overview of the contents of documents relevant to the environmental assessment is given in Table 2.

A graphic presentation of the above described EIA procedure in FBiH is presented in the Figure 1.

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Table 2 Comparative Overview of the Contents of Documents Relevant to the Environmental Assessment, FBiH

Environmental Permit Request Content

Minimum EIA Content Content of the Study for Preliminary Water Permit

Excerpt from a planning document of the respective area marked with the legend of the use of a wider surface area and the site land uses

Description of: plants, facilities and activities (plan,

technical description of work, etc.) basic and auxiliary materials, other

substances and energy used or produced by plants and facilities,

sources of emissions from plants and facilities,

condition of the location of plants and facilities,

the nature and amount of projected emissions from plants and facilities into environment (air, water, soil)

Identification of significant environmental impacts,

Proposed measures, technology and other techniques for preventing or, if not possible, reducing emissions from the plant,

Measures to prevent the production and for recovery of useful materials from wastes produced by the plant,

Other measures to comply with the basic obligations of operators, especially measures after the closure of the plant

Description of physical characteristics of the overall project and conditions of land use, during construction and operation of the plant and facilities planned by the project,

Description of the basic characteristics of the production process, nature and quantity of materials used,

Assessment, by type and quantity, expected waste and emissions (pollution of water, air and land, noise, vibration, light, heat, radiation, etc.) that are the result of planned production process.

Description of the environment, which might be affected by the project: o Population data, o Data on flora, fauna, water, air, land, o Climatic characteristics of the area, o The existing tangible property, including cultural,

historical and archaeological heritage, o Description of the landscape, o Specific elements identified in the previous EIA.

Description of potentially significant impacts of the project on environment, population, flora, fauna, water, air, soil, climatic factors, on material goods, including cultural, historical and archaeological heritage, landscape,

Interrelation of the above mentioned factors, Specific impacts of the project on the environment identified

in the previous EIA, Description of the methods proposed by the applicant for the

EIA. Description of mitigation measures for adverse effects

includes measures to prevent, reduce or mitigate any adverse impact on environment:

Overview of basic alternatives, Non-technical summary, Indication of difficulties.

Hydrological and hydro-geological research activities and research of water quality;

Estimated ecologically acceptable flow on the basis of hydrological parameters on the control profile of watercourse;

Calculation of required amount of water for the purpose, which is a subject of the prior water permit;

Description of technical solution, or technological procedure;

Calculation (or estimation) of amount and type of wastewater;

The required degree of treatment and the technical concept of wastewater treatment technology for achieving the prescribed conditions of water quality of the receiver in the relevant flow;

Evaluation of possibility of other influences on the water regime, or the influence of water regime on the population, objects, works and environment, and mitigation measures for these impacts;

The possibility of occurrence of undesirable impacts on other objects and facilities, basin of watercourse, surface water and groundwater, the acquired rights of users, settlements, etc., and mitigation measures for these impacts;

Overview of existing water users from the same water source or watercourse;

Other issues of importance to water in this case; Clear situation of the area in appropriate scale with the

marked location and approval of the operator of water supply and sewerage system for connection to the one, if water is supplied from a public water system, or if the effluent is discharged into the public sewer system.

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Figure 1 EIA procedure in FBiH

Environmental Permit Request

Screening

EIA EIA is not needed

Public disclosure by direct submission to stakeholders

EIA based on the ministry decision

Public hearing Review by Experts Comittee Public disclosure by direct submission of EIS to stakeholders

Ministry decision

Approval of EIs

EIS is not acceptable

Decision on environmental permit

Monitoring Environmental inspection

Decision on need to develop EIS

Environmental Impact Study

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2.2.2 Republika Srpska

The procedure for issuance of the Environmental Permit in the Republika Srpska is prescribed by: Law on Environmental Protection - refined text, "Official Gazette of the Republika

Srpska" 109/05, Regulation on projects, requiring the EIA, and the criteria deciding on the required

implementation and scope of the EIA , "Official Gazette of the Republika Srpska" 7/06 (hereinafter referred to as the Regulation),

Regulation on plants allowed to be constructed and commissioned only if provided with the Environmental Permit "Official Gazette of RS"109/05.

Regulation 7/06 and Articles 2, 3 and 4, define:

1. Projects for which the EIA is obligatory, 2. Projects for which the Ministry decides on the EIA necessity,

Regulation 109/05 defines projects that do not reach the prescribed threshold, and which may have significant impact on the environment and are allowed to be constructed and commissioned only if provided with the Environmental Permit. For the project mentioned under item 1 and 2, the Procedure for the Preliminary Environmental Impact Assessment starts with the request the project owner submits to the Ministry of Physical Planning, Civil Engineering and Ecology in the RS (hereinafter referred to as the Ministry). The Ministry, at this stage of assessment, decides on the Request for the Preliminary Environmental Impact Assessment with the Decision of EIA Implementation for projects listed in the Regulation on projects requiring the EIA (the projects previously listed under 1, 2 and 3), taking into account: Particular sensitivity of the project environment, Special environment protection measures for the project area , Significant impact of the project on the environment of other entity, Brčko District and

other state. The Ministry decides on the scope of the impact assessment for each individual case, taking into account the criteria identified in subordinate act (Regulation). Also, the Ministry has an obligation to provide a copy of the Request for review to: the authority responsible for physical planning in the local government body, administrative bodies and organizations responsible for protection of the elements of

the environment and inter-entity body, if it is a project that may have an impact on the environment of other

entity, Brčko District and other state. In this way, participation of the public is ensured in the Preliminary EIA phase. After reviewing the received opinions, the Ministry issues the Decision defining the obligation of the applicant: to conduct the Impact Assessment and provide the Environmental Impact Study (EIS) or determines that the Assessment and the Study are not necessary and issue

environmental permit.

If the Decision prescribes the need to carry out the impact assessment and the EIS, the second phase of the EIA begins for the project owner. If it is determined that the project location is in

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the area under specific protection regime, either based on the Water Law (water protection zone), or the Law on Nature Protection, the assessment is required to verify the compliance of the activities with the protection regimes and potential impacts. For projects not requiring the assessment and the Study, the Preliminary Assessment Phase is concluded with the Decision on the EIA non-necessity, and the project owner further submits the Environmental Permit Request with the evidence enclosed. For projects requiring the EIA, prescribed obligatory by the Decision, the project owner is obliged to develop and submit the EIS to the Ministry. The scope and the content of the EIS are prescribed by the Decision of the Ministry, and the integral part of the Study must be the opinion of the interested public, received during the first phase, i.e. during the Preliminary EIA. In the process of the EIS approval, the project owner provides insight into the EIS for the interested public and organizes a public discussion. Thereby, the second phase of the EIA ensures public participation. After reviewing the comments and suggestions received during the public review, and the audit of the EIS performed by the expert committee, appointed by the Minister, the Ministry shall issue the decision on approving or rejecting the EIS. For projects defined by Regulation 109/05 that do not reach the prescribed threshold, and which may have significant impact on the environment, the project owner submits Environmental Permit Request and document of Proofs based on which Ministry issues environmental permit. A comparative overview of the contents of documents relevant to the environmental assessment is given in Table 3. The EIA Procedure in RS is presented in the Figure 2.

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Table 3 Comparative Overview of the Contents of Documents Relevant to the Environmental Assessment, RS Environmental Permit Request Content

Preliminary Environmental Assessment Content

Minimum Content of the Environmental Impact Study Content of the Request for Water Guidelines

Description of facilities and activities (plan, technical description of work, etc.)

Description of basic and auxiliary materials, other substances and energy used or produced by plants,

Description of emission sources from the plant,

Description of condition of the plant location,

Description of nature and amount of projected emissions from the plant in all parts of the environment (air, water, soil) as well as identification of significant environmental impacts,

Description of proposed measures, technology and other techniques for preventing, or if not possible, reducing emissions from the plant,

Description of measures to prevent production and recovery of useful materials from waste, which the plant produces,

Description of other measures of complying with the basic obligations of a responsible person, particularly those following the closure of the plant,

Description of measures planned to monitor emissions within the area and their impact,

Description of alternative solutions.

Description of the project, including information about its location, purpose and size,

Description of potential environmental impacts of the project during its construction or execution, during its operation, or exploitation,

Description of measures envisaged to prevent, reduce or eliminate adverse environmental impacts of the concerned project,

A brief overview of the options considered by the project owner and the list of reasons for the chosen solution, considering the impacts on the environment,

Excerpt from the planning act,

Information about possible difficulties the project owner encountered during the data collection,

Non-technical summary of the information from previous points

Site Description: Cadastral plan copy of the land area, Overview of field characteristics (soil characteristics,

geomorphologic, geological, hydrogeological, seismic, etc.); Information on water supply and basic hydrological

characteristics, climate, flora and fauna, natural resources of special value, landscape, cultural heritage, population, population concentration, the existing projects on the site.

Overview of the Environment Conditions: All existing emission sources, Degree of the pollution of air, water, land use solvency and

purpose, presence of hazardous substances in or on land, the level of traffic and industrial noise; levels of ionizing and non-ionizing radiation;

Project Description: Description of preparatory project works; Description of the project, planned production process or

activities, their technological and other characteristics; Overview of the types and quantities of energy, water, raw

materials for construction, etc. during the development and exploitation of the project;

Overview of the types and amounts of gases, water and other waste materials based on technological units including: Description of the projected treatment technology (processing,

recycling, disposal, etc.) of all types of waste materials; other elements that may influence the environmental area.

Description of possible changes and impacts Specification and description of measures to prevent, reduce or

eliminate adverse impacts Specification and description of measures and activities to

monitor impacts

Description of considered alternatives and reasons for the alternative selection

Application form (for irrigation activities)

Information about the location, type and scope of activities intended to be implemented

Technical documentation considering a specific activity.

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Figure 2 EIA procedure in RS

2.3 REGULATIONS IN WATER SECTOR THAT HAVE IMPACT ON THE ENVIRONMENTAL ASSESSMENT

Pursuant to the Water Law (Official Gazette of the FBiH no. 70/06; Official Gazette of RS no. 50/06, Article 121), the environmental permit is issued on the basis of the previously obtained Preliminary Water Approval. Preliminary Water Approval is one of the Water Acts which decides on the entitlement of the rights to water to an applicant, as well as the manner of

Request for preliminary environemntal assessment

Screening

EIA is obligatory

EIA is not needed

Environemntal permit request

Consultation with responsible bodies

Development of the EIS Public disclosure of the EIS Public hearing Revision by experts comittee

Ministry decisioa

EIS approved

EIS rejected

Environmental permit

Monitoring Environmental

inspector

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exercising these rights (Article 11). Water Law prescribes that for acquisition of water in all industries and sectors, especially agriculture, it is necessary to obtain water acts, namely: Preliminary Water Approval, prescribing the conditions under which the competent

Ministry agrees to the use of water, and issued in the phase of issuing location permits in terms of regulations on civil constructions and environmental permits in terms of environmental regulations;

Water Approval, determining that the documentation, enclosed to the water permit request, is pursuant to the preliminary water permit, water regulations and planning documents, and issued prior to the issuance of construction permits in terms of civil construction regulations,

Water Permit, confirming fulfilment of the conditions set in the Water Approval, and issue prior to the issuance of use permits in terms of civil construction regulations. Water Permit determines purpose, way and conditions for water use, working regime of facilities and plants, ways and conditions for wastewater discharge, ways and conditions for solid and liquid waste, and other conditions. Water Permit also determines responsibility of users related to wastewater quantity measurement, measurement frequency, quality control and recording of taken and used water, as well as responsibilities related to calculation and payment of water fees.

Thereby, it is provided that the competent Ministry for environment integrates water protection recommendations and measures from the Preliminary Water Approval into the Environmental Permit. The request for issuing the Preliminary Water Approval, pursuant to the legislation shall be submitted by the authority competent to issue the Environmental Permit. It should be noted that the practice is different from the above prescribed practice. Specifically, the investor itself is required to start the procedure of the Preliminary Water Approval issuance. Article 125 of the Water Law in RS prescribes that project requiring EIA should submit EIS together with Water Permit Request. This way, water protection measures recommended by the EIS are integrated in the Preliminary Water Approval. Water Acts in FBiH are issued in accordance with the Regulations of the Water Acts Content, Form, Terms, Issuing Procedure and Storing ("Official Gazette of FBiH" 06/08, 57/09 and 72/09). For plants and facilities, that prior to obtaining the Environmental Permit must undergo the EIA procedure, the authority responsible for the issuing of Water Acts is involved in the EIA procedure, at the request of the authority conducting the EIA procedure. Water Agencies and the Cantonal Ministries of Agriculture, Water and Forestry are competent for the issuance of water acts. In the specific case of IDP in FBiH, Water Agency Sava River Catchment and Water Agency for catchment of Adriatic Sea are responsible for the issue of water acts for sub-projects in the FBiH. In the specific case of IDP in RS, Sava River District Water Agency and Trebišnjica River District Water Agency are responsible for the issue of water acts for sub-projects in the RS.

2.4 WASTE MANAGEMENT REGULATION THAT HAVE IMPACT ON THE ENVIRONMENTAL ASSESSMENT

Pursuant to the Law on Waste ("Official Gazette of FBiH" 33/03, Article 19,; Official Gazette RS no. 53/02, Article 26) Waste Management Plan is to be enclosed to the Environmental Permit Request. The plan should include:

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documentation on waste produced by enterprises (origin, type of waste in accordance

with the list of wastes, composition, quantity), measures to be taken for prevention of waste production, especially concerning the

hazardous waste, separation of waste, especially separation of hazardous and other types of waste from

the waste to be reused, disposal of waste to the landfill, treatment and/or disposal methods.

Law on Waste Management, from the aspect of this project, sets general requirements concerning the hazardous waste management and utilization of animal waste in agriculture. Regulation of Waste Categories with Lists (Official Gazette of FBiH" 9/05; Official Gazette RS no. 39/05) establishes a list of wastes by operations they are produced from. Waste from agriculture, horticulture, aquaculture, food processing and preparation, hunting and fishing is specified as one of the subcategories in this List. This category includes waste animal tissue, other animal waste, waste from agricultural plants, plastic waste, wood waste and harmless waste chemicals. Waste chemicals used in agriculture, including their packaging, unused or expired chemicals, are classified as hazardous waste requiring special treatment in accordance with the provisions of Article 36 of the Law on Solid Waste Management.

2.5 REGULATIONS IN AGRICULTURE THAT MAY HAVE IMPACT ON THE ENVIRONMENTAL ASSESSMENT

In the implementation of Irrigation Development Project in BiH, specific legislation has to be taken into consideration, for its implementation can have implications on environmental management.

Table 4 Regulations in agriculture, BiH

Regulation Brief Description

Law on Protection of New Plants Varieties in Bosnia and Herzegovina (Official Gazette of BiH 23/03)

Law on Protection of New Plants Varieties in Bosnia and Herzegovina shall regulate the procedure for protection of new varieties of plants, conditions, distribution, methods and procedures for the protection and the duration of the breeding rights.

Law on Plant Health Protection (Official Gazette 23/03)

This law regulates the health of plants, determines the measures and commitments to prevent occurrences, entrance and spread of harmful organisms on plants, plant products and other regulated objects and their eradication, regulates biological plant protection, sets out the collection and exchange of data and systems of information, regulates the public services concerning plant health, determine the authorities responsible for implementing the Law and prescribing penalties for violations of this Law.

Law on Mineral Fertilizers (Official Gazette of BiH 46/04)

This Law deals with issues of distribution of mineral fertilizers and issuing permits for such activities, testing the quality of fertilizer, keeping records and carrying out inspections. To enforce the provisions of this Law, it is necessary to adopt detailed sub-regulations.

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Regulation Brief Description Law on Phytopharmaceutical Products in Bosnia and Herzegovina (Official Gazette of BiH 49/04)

This Law regulates the transport and control of active substances that represent phytopharmaceutical products (hereinafter referred to as PPP), PPP registration, licensing under this Law, transport, use and supervision of PPP, the remains of PPP, keeping a register of PPP and the register of legal entities and natural persons dealing with traffic of PPP, providing information on and maintaining records in relation to PPP, the technical requirements for devices for application PPP (hereinafter referred to as: devices) and their components, competencies of the authorities responsible for the execution of the Law and supervision over its implementation, and regulations adopted pursuant to this Law.

Law on Seeds and Seedlings in Bosnia and Herzegovina (BiH Official Gazette No. 03/05)

The purpose of this Law is to provide quality seeds and planting material of agricultural plants to encourage cost-effective agricultural production, with environment and consumer protection.

Regulations of the list of harmful organisms, lists of plants, plant products and regulated objects (Official Gazette of BiH No. 69/09)

These Regulations prescribe the contents of the list of harmful organisms, the contents of the list of plants, plant products and regulated objects.

The list of active substances permitted for use in phytopharmaceutical products in Bosnia and Herzegovina (BiH Official Gazette 11/11)

The list of active substances permitted in phytopharmaceutical products aligned with the official list of active substances permitted in the European Union.

Decision to ban registration, import and transport of active substances and phytopharmaceutical resources containing active substances, whose transportation and use is banned in the European Union (Official Gazette No. 02/11)

Decision with a list of banned substances and phytopharmaceutical products whose use is banned in the European Union.

Table 5 Regulations in agriculture, FBiH

Regulation Brief Description Law on Agricultural Land ("Official Gazette of FBiH", 2/98)

This Law defines the term, management, protection and establishment of agricultural land (Article 1), as well as allocation of responsibility for activities related to the cantons and municipalities. It also contains provisions concerning the creation of agricultural land by building irrigation systems (Articles 48-52). According to Article 21 of this law, discharge of hazardous materials on agricultural land in such quantities that may adversely affect the fertility of agricultural land and the quality of the product is prohibited, as well as the inappropriate use of mineral and organic fertilizers, and pesticides. However, this requirement is of general nature and is not quantified.

Law on the Recognition and Protection of Agricultural and Forest Plants ("Official Gazette of FBiH" 31/00)

This Law regulates recognition and protection of new varieties and foreign varieties (cultivars) of agricultural and forest plants.

Law on Seeds and Seedlings of Agricultural Plants ("Official Gazette of FBiH" 55/01)

This Law regulates manufacture, transport and import of agricultural seeds and planting materials, and other issues of importance to implementation of a unified system and approach to these issues in the territory of the Federation of Bosnia and Herzegovina.

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Regulation Brief Description Law on Seeds and Seedlings of Forest and Horticultural Species of Trees and Shrubs ("Official Gazette of FBiH" 73/05)

This Law regulates registration and control of forest and horticultural seeds and seedlings, as well as the importation of seeds. The purpose of this Law is to provide quality reproductive material of forest and horticultural species of trees and shrubs in order to enhance the economic production in forestry and horticulture, environment preservation, biosafety and consumer protection.

Instructions on determining the admissible amount of hazardous substances in soil and methods of testing ("Official Gazette of FBiH" 11/99)

These Regulations define harmful and hazardous materials, including sludge from wastewater treatment, maximum admissible content in different types of land. In addition, these Regulations prescribe sampling and monitoring the presence of organic and mineral wastes, and pesticides in soil.

Table 6 Regulations in agriculture, RS

Regulation Brief Description Law on Agricultural Land of the Republika Srpska ("Official Gazette of RS" 14/04, 22/04 and 49/04)

This Law regulates the protection, use, improvement and restoration of agricultural land, transport and renting, agricultural activities and pasture. It prohibits the discharge and disposal of hazardous and harmful substances into agricultural land and irrigation canals, in the quantity that can damage and change the productive capacity of agricultural land and water quality for irrigation. Improper use of mineral and organic fertilizers and pesticides is also considered illegal, i.e. practices that can lead to excessive presence of hazardous and harmful substances in agricultural plants, groundwater or surface water.

Law on Plant Protection ("Official Gazette of RS" 13/97)

This Law establishes requirements for plant protection, including protection from diseases, pests and weeds. The Law also regulates health control of plants in the domestic and international trade, and trade of pesticides as well as providing financial resources to implement the measures defined by the Law. According to this Act, the Ministry provides permissible level of contamination of seeds and seedlings intended for the domestic market.

Law on Seeds and Seedlings ("Official Gazette of RS" 13/97)

This Law regulates the manufacture, processing, use and sale of agricultural seeds and seedlings and forest herbs, as well as the obligation to control their production.

Law on Organic Food Production ("Official Gazette of RS" 75/04)

This Law regulates the production through methods of organic food production and labelling of organic food. This Law prohibits the use of synthetic agro-chemicals in the cultivation of organic food and emphasizes environment protection. Furthermore, the Law deals with cleaning products, products for disinfection, animal nutrition and veterinary treatment of animals in livestock.

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2.6 OTHER REGULATIONS THAT MAY HAVE IMPACT ON THE ENVIRONMENTAL ASSESSMENT

2.6.1 Concessions

Concession, in principle, means granting the right to use certain natural resources or public goods consigned by the government authorities to a local or foreign person (pursuant to the afore listed laws in Bosnia and Herzegovina) under certain conditions and for certain period of time. Concessions in Bosnia and Herzegovina are regulated by the legal acts below: 1. BiH Law on Concessions („Official Gazette of BiH " 32/02 and 56/04); 2. FBiH Law on Concessions (“Official Gazette of FBiH” 40/02); 3. Cantonal Laws on Concessions in FBiH; 4. RS Law on Concessions (“Official Gazette of RS” 25/02). Pursuant to the FBiH and RS Laws on Concessions, as well as Cantonal Laws on Concessions, it is necessary to seek a concession from competent Entity or Cantonal authority for water use and hydromelioration system construction projects. The decisions on the type, subject and scope of concessions under the authority of Bosnia and Herzegovina are issued by the Council of Ministers of BiH, and ratified by the BiH Parliamentary Assembly. The decisions on the type, subject and scope of concessions under the authority of the Entities are issued by the Entity Governments or, in the FBiH, by the Cantonal Governments as well. Granting the right to use natural resources or public goods is implemented through a public announcement or submission of the concession proposal to the competent Ministry, based on which the Ministry assesses the existence of the public interest for the concerned concession. When the awarding is implemented through a public announcement, the concession is awarded to the bidder who met all tender criteria and is of higher rank than other bidders. Following the concession approval, a concession contract is signed by the competent state authority and the concessionaire. Concession contract is signed for the period not longer than 30 years. If there are exceptional circumstances requiring investments throughout a longer period of time, the contractual time limit may be prolonged, but not longer than 50 years. Concession contract may be renewed for the period not longer than half of the original period. Concerning concessionaire rights, he has the right to own and use assets and property disposed of by the grantor (competent state authority), pursuant to the concession contract. As defined by the Article 51/or 55 of the FBiH/RS Law on Waters, it is possible to form a separate legal entity (cooperation, association and similar) obliged to obtain the right to water use, and secure funds for the melioration system operation and maintenance if the construction and/or use of the melioration system for irrigation purposes is in the interest of more owners or land users. Pursuant to the Article 102, paragraph 1 and 2/or Article 115, the authority granting the concession to waters and water goods is obliged to submit the copy of the project documentation on concession award to the competent Water Agency maintaining the concession registry.

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2.6.2 Civil constructions

Civil constructions in Bosnia and Herzegovina are regulated by the legal acts below:

1. Law on Physical Planning and Land Use on the Level of the Federation of Bosnia and Herzegovina ("Official Gazette of FBiH" 2/06, 72/07, 32/08, 4/10, 13/10 and 45/10)

2. Cantonal Laws on Physical Planning and Civil Construction in FBiH; 3. Law on Physical Planning and Civil Construction („Official Gazette of RS“ 55/10)

Pursuant to the Federal and Cantonal regulation on physical planning and civil construction, it is necessary for the Irrigation Development Projects to obtain appropriate civil construction documents, such as location permit, construction approval and use permit. For irrigation system reconstruction projects in FBiH, it is necessary to obtain the construction approval and the use permit, and in RS the reconstruction approval and the use permit.

2.7 OVERVIEW OF WORLD BANK ENVIRONMENTAL REQUIREMENTS

The Bank Safeguard Policies related to the environment protection and the social aspect have been developed to avoid, mitigate or minimise adverse environmental and social impacts of the projects supported by the Bank. World Bank introduced the Environmental Assessment Policy through Operational Directions (OD) 4.01 in 1989. This policy has been expanded to the Operational Policy (OP) 4.01 and Bank Procedure (BP) 4.01 in 1999 with the latest update in March 2007. OP/BP 4.01 is applied to any investment loan financed or implemented by the Bank in case there is a possibility that the referred project results in adverse environmental impacts. This operational policy has also been envisaged as an instrument to improve the implementation of the project itself and to enhance the project quality and sustainability. Relevant safeguard policies and Bank procedures related to the environment protection and the social aspect are given below: OP/BP 4.01 Environmental Assessment; OP/BP 4.04 Natural Habitats; OP 4.07 Water Resources Management; OP 4.09 Pest Management; OP/BP 4.10 Indigenous Peoples; OP/BP 4.11 Physical Cultural Resources; OP/BP 4.12 Involuntary Resettlement; OP 4.36 Forests; OP 4.76 Tobacco; OP 7.50 Projects on International Waterways; OP 7.60 Projects in Disputed Areas.

Operational Policy OP/BP 4.01 - Environmental Assessment The Bank requires environmental assessment for projects proposed for Bank financing to ensure that the projects are environmentally sound and sustainable, and thus to improve the decision making process. World Bank environmental assessment evaluates potential environmental impacts and risks related to the project, examines project alternatives, identifies ways of improving the selection of project alternatives, siting, planning, designing of

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interventions on site (for the planned project), and implementation by prevention, minimization, mitigation, or compensation of adverse environmental impacts. The Bank favours preventive measures over mitigation or consequential compensatory measures, whenever feasible. Environmental assessment takes into account all components of the natural environment (air, water, and land), human health and safety, social aspects (population resettlement, indigenous population and physical cultural resources), as well as transboundary and global environmental aspects involving climate changes, use of substances harmful to the ozone layer, contamination of international water courses, and adverse impacts on the biodiversity. Environmental assessment considers natural and social aspects in an integrated way. It also takes into account differences among projects and conditions of each individual country, the findings of a 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, as well as, pertaining to the specified project activities, obligations of the country under relevant international environmental treaties and agreements. As stated in the paragraph 8 of the Operational Policy (OP) 4.01 - Environmental Assessment, the Bank undertakes the screening of each proposed project to determine the appropriate extent and type of the environmental assessment. The Bank classifies the proposed project into one of four categories (A, B, C, F), depending on the type, site, sensitivity and scale of the project, as well as nature and magnitude of its potential environmental impacts. Depending on the project, WB applies different instruments to satisfy the WB requirements for the environmental assessment (Table 7). Table 7 Environmental Assessment Categories and Instruments Pursuant to the Operational Policy 4.01

Project category

Type of impact Environmental Assessment Instrument

A The project is likely to have significant adverse environmental impact that is sensitive, diverse or unprecedented.

Environmental Impacts Assessment Regional or Sectoral Environmental Assessment Strategic Environmental and Social Assessment

B The project’s potential adverse environmental impacts on human populations or environmentally important areas - including wetlands, forests, grasslands, and other natural habitats - are less adverse than those of Category A projects

Environmental Audit Hazard and Risk Assessment Environmental Management Plan Environmental and Social Management Framework

C The project is likely to have minimal or no adverse environmental impacts

F The project involves investment of Bank funds through a financial intermediary, in subprojects that may result in adverse environmental impacts

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The findings and results of the environmental assessment for the Category B projects are described in the project documentation (Project Appraisal Document – PAD and Project Information Document - PID). When the borrower has inadequate legal or technical capacity to carry out key EA-related activities (such as review of EA, environmental monitoring, inspections, or management of mitigation measures) for a proposed project, the project includes components to strengthen that capacity. For all Category A and B projects proposed for IBRD or IDA financing, during the EA process, the borrower consults project-affected groups and local nongovernmental organizations (NGOs) about the project's environmental aspects and thereby takes their views into account. Operational Policy OP/BP 4.04 – Natural Habitats Providing the conservation of natural habitats, like other measures that protect and enhance the environment, is essential for long-term sustainable development, the Bank supports the protection, maintenance, and rehabilitation of natural habitats and their functions in its economic and sector work, project financing, and policy dialogue. Natural habitats are land and water areas where (i) the ecosystems' biological communities are formed largely by native plant and animal species, and (ii) human activity has not essentially modified the area's primary ecological functions. Natural habitats contain many types of land, freshwater, coastal and marine ecosystems. The Bank supports and expects the borrower to apply a precautionary approach to natural resource management to ensure opportunities for environmentally sustainable development. he Bank does not support projects that, in the Bank's opinion, involve the significant conversion or degradation of critical natural habitats. Environmental assessment process should identify any critical natural habitat within the impact of the proposed project area. Critical natural habitats are:

a) existing protected areas and areas officially proposed by governments as protected areas (e.g., reserves and protected areas that meet the criteria of the World Conservation Union [IUCN] classifications), areas initially recognized as protected by traditional local communities (e.g., sacred groves), and sites that maintain conditions vital for the viability of these protected areas (as determined by the environmental assessment process); or

b) sites identified on supplementary lists prepared by the Bank or an authoritative source determined by the Regional Environment Sector Unit (RESU). Such sites may include areas recognized by traditional local communities (e.g., sacred groves); areas with known high suitability for bio-diversity conservation; and sites that are critical for rare, vulnerable, migratory, or endangered species.1

1 Rare, sensitive, endangered or similarly sensitive, in accordance with IUCN „Red List of Threatened Animals“, IUCN Red List of Threatened Plants, BirdLife World List of Threatened Birds, or some other valid international or national list accepted by RESU.

19

For other natural habitats, the Bank does not support projects involving significant conversion of natural habitats unless there are feasible alternatives for the project and its siting, and comprehensive analysis demonstrates that overall benefits from the project substantially outweigh the environmental costs. If the project significantly converts or degrades natural habitats, the project includes mitigation measures acceptable to the Bank. Such mitigation measures normally include minimizing habitat loss (e.g., strategic habitat retention and post-development restoration) and establishing and maintaining an ecologically similar protected area. The Bank accepts other forms of mitigation measures only when they are technically justified. Operational Policy OP 4.07 - Water Resources Management Bank involvement in water resources management entails support for providing potable water, water supply and sewerage projects, flood control, and water for productive activities in a manner that is economically viable, environmentally sustainable, and socially equitable. The Bank supports projects for avoiding waterlogging and salinity problems associated with irrigation investments by (i) monitoring water tables and implementing drainage networks where necessary, and (ii) adopting best management practices to control water pollution. It also supports projects establishing strong legal and regulatory frameworks to ensure that social concerns are met, environmental resources are protected, and monopoly pricing is prevented. The Bank requires legislation or other appropriate arrangements to establish effective coordination and allocation procedures for interstate water resources. Operational Policy OP 4.09 – Pest Management In assisting borrowers to manage pests that affect either agriculture or public health, the Bank

supports a strategy that promotes the use of biological or environmental control methods and reduces reliance on synthetic chemical pesticides. In Bank-financed projects, the borrower addresses pest management issues in the context of the project's environmental assessment. In appraising a project, the Bank assesses the capacity of the country's regulatory framework and institutions to promote and support safe, effective, and environmentally sound pest management. If necessary, the Bank and the borrower incorporate in the project components to strengthen such capacity. The Bank uses various means to assess pest management in the country and support Integrated Pest Management and safe use of agricultural pesticides: economic and sectoral work, sectoral or project-specific environmental assessments, participatory Integrated Pest Management assessments, and investment projects and components aimed specifically at supporting the adoption and use of Integrated Pest Management. In Bank-financed agriculture operations, pest populations are normally controlled through Integrated Pest Management approaches, such as biological control, cultural practices, and the development and use of crop varieties that are resistant or tolerant to the pest. The Bank may finance the purchase of pesticides when their use is justified under an Integrated Pest Management approach. Integrated Pest Management refers to various ecologically based pest management practices implemented by the farmers to reduce reliance on synthetic chemical pesticides. The practices include (a) managing pest (keeping them below economically damaging levels) rather than seeking to eradicate them; (b) relying, to the possible extent, on nonchemical measures to keep the pest populations on low levels, and (c) selecting and applying pesticides, when they have to

20

be used, in a way that minimises adverse effects on beneficial organisms, humans, and environment. Criteria for Selection and Use of Pesticides. Procurement of pesticides in a Bank-financed project depends on the assessment of nature and the degree of associated risks, taking into account the proposed use and the intended users. With respect to the classification of pesticides and their specific formulations, the Bank refers to the World Health Organization's Recommended Classification of Pesticides by Hazard and Guidelines to Classification (Geneva: WHO 1994-95). The following criteria apply to the selection and use of pesticides in Bank-financed projects:

a) They must have negligible adverse human health effects. b) They must be shown to be effective against the target species. c) They must have minimal effect on nontarget species and the natural environment. The

methods, timing, and frequency of pesticide application are aimed to minimize damage to natural enemies. Pesticides used in public health programs must be demonstrated to be safe for inhabitants and domestic animals in the treated areas, as well as for personnel applying them.

d) Their use must take into account the need to prevent the development of resistance in pests.

Operational Policy OP/BP 4.10 – Indigenous Peoples This policy contributes to the Bank's2 mission of poverty reduction and sustainable development by ensuring that the development process fully respects the dignity, human rights, economies, and cultures of Indigenous Peoples. If the Bank concludes that Indigenous Peoples are present in, or have collective attachment to, the project area, the borrower undertakes a social assessment to evaluate the project’s potential positive and adverse effects on the Indigenous Peoples, and to examine project alternatives where adverse effects may be significant. The borrower engages social scientists, whose qualifications, experience, and terms of reference are acceptable to the Bank, to carry out the social assessment. The Bank requires the borrower to engage in a process of free, prior, and informed consultation. The consultation concerned refers to culturally appropriate and collective decision making process subsequent to meaningful and good faith consultation and informed participation regarding the project preparation and implementation. It does not constitute a veto right for individuals or groups. The Bank provides project financing only where free, prior, and informed consultation results in broad community support to the project by the affected Indigenous Peoples. Operational Policy OP/BP 4.11 – Physical Cultural Resources This policy addresses physical cultural resources, defined as movable or immovable objects, sites, structures or groups of structures, and natural features and landscapes that have archaeological, paleontological, historical, architectural, religious, aesthetic, or other cultural significance. Physical cultural resources may be located in urban or rural settings, and may be above or below ground, or under water. Their cultural interest may be at the local, provincial or national level, or within the international community.

21

Impacts on physical cultural resources resulting from project activities, including mitigating measures, may not contravene either the borrower’s national legislation, or its obligations under relevant international environmental treaties and agreements. The borrower addresses impacts on physical cultural resources in projects proposed for Bank financing, as an integral part of the environmental assessment (EA) process. The steps elaborated below follow the EA sequence of: screening; developing terms of reference (TORs); collecting baseline data; impact assessment; and formulating mitigation measures and a management plan. The projects classified as the Category A or B projects by the environmental assessment are subject to this operational policy:

a) any project involving significant excavations, demolition, movement of earth, flooding, or other environmental changes; and

b) any project located in, or in the vicinity of, a physical cultural resources site recognized by the borrower.

When the project is likely to have adverse impacts on physical cultural resources, the borrower identifies appropriate measures for avoiding or mitigating these impacts as part of the EA process. These measures may range from full site protection to selective mitigation, including salvage (repairs) and documentation, in cases where a portion or all of the physical cultural resources may be lost. If the Environmental Management Plan (EMP) is prepared, the Physical Cultural Resources Management Plan is the integral part of it and it includes measures for avoiding or mitigation of any adverse impacts on physical cultural resource, provisions for management measures in case physical cultural resource is encountered throughout the project implementation, as well as necessary measures to strengthen the institutional capacity, and monitoring system to monitor the progress of the activities concerned. This management plan must be consistent with the country’s overall policy framework and national legislation and take into account institutional capabilities with regard to physical cultural resources. Operational Policy OP/BP 4.12 – Involuntary Resettlement Former experience indicates that involuntary resettlement under development projects, if unmitigated, often gives rise to severe economic, social, and environmental risks: production systems are dismantled; people face impoverishment when their productive assets or income sources are lost; people are relocated to environments where their productive skills may be less applicable and the competition for resources greater; community institutions and social networks are weakened; kin groups are dispersed; and cultural identity, traditional authority, and the potential for mutual help are diminished or lost. This policy includes protection measures to address and mitigate these impoverishment risks. The overall goal of the Bank's policy related to involuntary resettlement is as below:

a) Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs.

b) Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs.

c) Displaced persons should be assisted in their efforts to improve their livelihoods and living standards or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation.

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This policy covers direct economic and social impacts created by the Bank-financed projects and caused by:

a) 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 the affected persons must

move to another location or not; or b) involuntary restriction of access to legally designated parks and protected areas

resulting in adverse impacts on the livelihoods of the displaced persons. To address these impacts, the Bank requires from the borrower to prepare a Resettlement Plan or a Resettlement Policy Framework. As the resettlement of indigenous peoples is a particularly complex and may have significant adverse impacts on their identity, culture and customs, the Bank requires from the borrower to explore all alternative project designs to avoid physical displacement of these groups. In exceptional cases when it is not feasible to avoid such displacement, the borrower will not undertake such resettlement without broad support of the affected indigenous peoples' community through free, prior and informative consultation. In such cases, the borrower prepares the resettlement plan in accordance with the requirements of the operational policy OP 4.12 – Involuntary Resettlement, which is compliant with cultural preferences of the indigenous peoples, and which includes the resettlement strategy. As part of the Resettlement Plan, the borrower documents the results of the consultation process. Operational Policy OP/BP 4.36 – Forests This policy applies to the projects that have or may have impacts on the health and quality of forests, projects that adversely affect the rights and welfare of people dependant on forests, and projects aimed at introduction of changes in the forest management, protection, or utilization. In principle, World Bank does not finance projects that involve significant conversion or degradation of critical forest habitats. If a project which involves significant conversion or degradation of forests or non-critical related natural habitats does not have a feasible site alternative, and if a comprehensive analysis demonstrates that the overall project benefits substantially outweigh adverse environmental impacts, the World Bank may decide to finance the project provided it incorporates appropriate mitigation measures. Operational Policy OP 4.76 – Tobacco The Bank does not lend directly for, invest in/or guarantee investments or loans for tobacco production, processing, or marketing. Exceptions, which must be approved by the Bank Vice President and based on the Operational Policy and Strategy, may be allowed for countries that are heavily dependent on tobacco as a source of income (especially for poor farmers and farm workers) as well as for foreign exchange earnings or one country export (e.g. for those countries where tobacco accounts for more than 10% of exports). The Bank thereby seeks to help these countries diversify away from tobacco as a source of income or earnings. Operational Policy OP 7.50 – Projects on International Waterways This policy applies to the following types of international waterways:

a) any river, lake, canal, or similar water body that forms a boundary between, or any river or surface water body that flows through, two or more states;

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b) any tributary or other surface water body that is a component of any waterway described in (a) above; and

c) any bay, gulf, strait, or channel bounded by two or more states or, if within one state, recognized as a necessary channel of communication between the open sea and other states-and any river flowing into such waters.

This policy applies to the following types of projects:

a) hydroelectric, irrigation, flood control, navigation, drainage, water supply and sewerage, industrial, and similar projects that involve the use or potential pollution of international waterways, and

b) detailed design and engineering studies of projects under a) above. The Bank requires that the international aspect of a project on an international waterway is dealt with at the earliest possible opportunity. If such a project is proposed, the Bank requires the beneficiary state, if it has not already done so, to formally notify the other riparian states of the proposed project and its project details (see BP 7.50, para. 3). If the prospective borrower indicates to the Bank that it does not wish to give such notification, the Bank normally does it itself. If the borrower objects to such Bank's action, the Bank discontinues the processing of the project proposal. Operational Policy OP 7.60 – Projects in Disputed Areas Projects in disputed areas may raise a number of delicate problems affecting relations not only between the Bank and its member countries, but also between the country in which the project is implemented and one or more neighbouring countries. Such problems are dealt with at the earliest project proposal stage. The Bank supports a project in a disputed area if the governments concerned agree that, pending the settlement of disputed issues, the project proposed for country A can take its course without prejudice to the claims of country B. For every project in a disputed area, the Bank staff consider the nature of the dispute. The Project Appraisal Document (PAD) for projects in a disputed area discusses the nature of the dispute and specifies how the dispute has been resolved, or that other neighbouring countries within the concerned disputed area had no objections to the project or specifies some special circumstances which warrant the Bank support.

2.8 OVERVIEW OF RELEVANT EU DIRECTIVES

2.8.1 Environment and waters

In the process of stabilisation and association of Bosnia and Herzegovina, legal framework at all levels has been in the process of harmonisation due to the transposition of the provisions of the EU Directives on Environment. The overview of relevant EU Directives on Environment and Water and the percentage of harmonisation with entity laws and rulebooks is presented below. The data on the status of transposition process and the percentage of harmonisation with local legislation were available for some directives. The data have been taken from the Progress Monitoring Report FBiH and the Progress Monitoring Report RS prepared in 2008 within the project for the Support to the Implementation of the Regional Environmental Reconstruction Programme in the South Eastern Europe, financed by the European Commission and implemented by REC for South Eastern Europe.

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Table 8 Harmonisation of EU Directives with FBiH Environment and Water Regulations

Directive

Law/Regulations/Provision into which it has been transposed

Harmonisation Percentage

(2008)

Comment

The Environmental Impact Assessment Directive (85/337/EEC) supplemented by the Directives 97/11/EC and 2003/35/EC

Law on Environment Protection (Official Gazette of FBiH 33/03, 38/09) Regulations on plants and facilities requiring environmental impact assessment and plants and facilities allowed to be constructed and commissioned only after the provision of the environmental permit (Official Gazette of FBiH 19/04)

87%

It is necessary to transpose additional provisions to include, among others, definitions of «project» and «public». The projects listed in Annex I of the Directive have been transposed into the Regulations but with lower thresholds. Irrigation projects were inadvertently omitted from the Regulations. In case of transboundary impacts, the Law anticipates consultations with the neighbouring state.

The Integrated Pollution Prevention and Control Directive 2008/1/EC

Law on Environment Protection (Official Gazette of FBiH 33/03, 38/09) Regulations on plants and facilities requiring environmental impact assessment and plants and facilities allowed to be constructed and commissioned only after the provision of the environmental permit (Official Gazette of FBiH 19/04) Regulations on submission of requests for environmental permit for plants and facilities provided with permits prior to the enactment of the Law on Environment Protection (Official Gazette of FBiH 45/09) Regulations on the issue of best available technology for achievement of environmental quality standards (Official Gazette of FBiH 92/07)

60%

The most important provisions related to the issue of the environmental permit for plants and facilities with adverse environmental impacts were transposed, including the obligation of applying prevention methods in accordance with the best available technology. Irrigation projects were inadvertently omitted from the Regulations on plants and facilities. Several definitions, e.g. definition of plants and facilities, emission and best available technology, key provisions in terms of permit requirements (Article 9 of the Directive) and transboundary impacts (Article 18 of the Directive), as well as some Annexes, should be additionally integrated into the Law on Environment Protection.

The Directive on Free Access to Environmental Information (2003/4/EC)

Law on Environment Protection (Official Gazette of FBiH 33/03, 38/09) Law on Free Access to Information (Official Gazette of FBiH 32/01)

50%

It is necessary to transpose a number of provisions and definitions.

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Directive

Law/Regulations/Provision into which it has been transposed

Harmonisation Percentage

(2008)

Comment

The Public Participation Directive (2003/35/EC)

-

0%

The transposition of this Directive has not been started yet, although public participation is defined by the Law on Environment Protection, however, the definition of public from Article 4 if the concerned Law is not compliant with the definition from this Directive as it excludes legal entities.

The Waste Directive (2006/12/EC)

Law on Waste Management (Official Gazette of FBiH 33/03, 72/09) Regulations on the issue of permit for small business waste management activities (Official Gazette of FBiH 9/05) Provision regulating the obligation to reports to the waste operators and manufacturers on the implementation of supervision programmes, monitoring and keeping records in line with permit requirements (Official Gazette of FBiH 31/06).

32%

Waste definition is given but not all categories from the Annex I of the Directive have been covered. Significant part of the Directive is to be integrated into the Waste Management Law.

The Directive on Hazardous Waste (91/689/EEC) supplemented by the Directive 94/31/EC and the Regulation (EC) 166/2006

Law on Waste Management (Official Gazette of FBiH 33/03, 72/09) Provision on selective waste gathering, packaging and numeration (Official Gazette of FBiH 38/06) Regulations defining the treatment of hazardous waste not contained in the waste list or of unknown content (Official Gazette of FBiH 33/03) Regulations on waste categories with lists (Official Gazette of FBiH 9/05)

26%

A list of hazardous waste was developed. Measures prescribing separate collection are in force, as well as the measures for adequate packaging and numeration that are pursuant to the EU Standards and Basel Convention.

The Water Framework Directive (2000/60/EC) supplemented by the Decision 2455/2001/EC

Law on Waters (Official Gazette of FBiH 70/06) Regulations on marginal concentrations of dangerous and hazardous substances in technological waste waters prior to their discharge into the public sewerage system, or into another recipient (Official Gazette of FBiH 50/07) Regulations on marginal concentrations of water dangerous and hazardous substances discharged from the public sewerage system into the natural recipient after the treatment (Official Gazette of FBiH 50/07) Provision and dangerous and hazardous substances in water (Official Gazette of FBiH 43/07)

Not determined

The Law, pursuant to the framework directive, regulates basic assumptions, as below: Protection of all waters – rivers, lakes, coastal and

ground waters; Necessity for transboundary cooperation between

states and stakeholders; Ensure active engagement of all participants in the

water management process, including nongovernmental organisations and local communities;

Principle "polluter pays "

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Directive

Law/Regulations/Provision into which it has been transposed

Harmonisation Percentage

(2008)

Comment

The Nitrates Directive (91/676/EEC) supplemented by the Regulation (EC) 1882/2003

Law on Waters Regulations on designation of areas susceptible to eutrophication and sensitive to nitrates (Official Gazette of FBiH 71/09) Regulations on monitoring in areas susceptible to eutrophication and sensitive to nitrates (Official Gazette of FBiH 71/09)

Not determined

The Law, pursuant to the directive, anticipates the issue of regulations on good agricultural practice, identification of waters containing nitrates, and designation of zones sensitive to nitrates. Afterwards, it is necessary to define Action Plans. However, these aspects of the Law on Waters have not been implemented until today.

The Directive 86/278/EEC on Environment Protection, and in particular the soil, when sewage sludge is used in agriculture

Regulations on animal waste and other harmless natural origin substances allowed to be used in agriculture (Official Gazette of FBiH 8/08)

-

Harmonisation percentage is unknown.

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Table 9 Harmonisation of EU Directives with RS Environment and Water Regulations Directive

Law/Regulations/Provision into which it has been

transposed

Harmonisation Percentage (2008)

Comment

The Directive on Environmental Impact Assessment (85/337/EEC) supplemented by the Directives 97/11/EC and 2003/35/EC

Law on Environment Protection from 2002 and 2005 (Amendments to the Law and codification, 2007)

96%

Concerning this Directive, adoption of additional legislation is required

The Directive on Pollution Prevention and Control 2008/1/EC

Law on Environment Protection Regulations on requirements for submission of the environment permit request Regulations on deadlines for submission of the environment permit request Regulation of plants subject to mandatory environmental permit.

63%

The most significant provisions related to the issue of the environmental permit for plants and facilities with adverse environmental impact are transposed, including the obligation to apply prevention measures in line with the best available technology.

The Directive on Public Access to Environmental Information (2003/4/EC)

Law on Environment Protection from 2002 and 2005 Law on Free Access to Information from 2001 and Regulations on Pollutant Release and Transfer Registers from 2007

36%

A number of provisions and definitions are to be transposed

The Directive on Public Participation (2003/35/EC)

Law on Environment Protection, Law on Free Access to Information from 2001.

10%

The transfer of the Directive on Public Participation is still in its early phase, and adoption of additional legislation is required.

The Waste Directive (2006/12/EC)

Law on Waste Management from 2002, Regulations on Waste Categories from 2005, Regulations on the Transport of Hazardous Waste from 2005 Regulations on operation requirements for waste incineration plants from 2005 Law on amendments to the Law on Waste Management (Official Gazette of RS 65/08, July 15th, 2008)

50%

Half of the provisions of the Framework Waste Directive have been transposed

The Directive on Hazardous Waste (91/689/EEC) supplemented by the Directive 94/31/EC and the Regulation (EC) 166/2006

Law on Waste Management from 2002, Regulations on Waste Categories from 2005, Regulations on the Transport of Hazardous Waste from 2005 Regulations on operation requirements for waste incineration plants from 2005 Law on amendments to the Law on Waste Management (Official Gazette of RS 65/08, July 15th, 2008)

26%

A list of hazardous waste was developed. Measures prescribing separate collection are in force, as well as the measures for adequate packaging and numeration that are pursuant to the EU Standards and Basel Convention.

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Directive

Law/Regulations/Provision into which it has been transposed

Harmonisation Percentage (2008)

Comment

Framework Water Directive (2000/60/EC) supplemented by the Decision 2455/2001/EC

Law on Waters from 2006 Regulations on protection measures from 2003, Regulations on waste and storm water treatment from 2001, and Regulations on requirements for discharge of waste waters into surface waters from 2001, Regulation of classification of waters and categorisation of water courses, Regulation of public participation – the part concerning water management from 2007.

100%

Water-related directives are relatively more advanced in terms of transposition, and due to the adoption of the Water Law from 2006 and all accompanying regulations.

The Directive on Nitrates (91/676/EEC) supplemented by the Regulation (EC) 1882/2003

Law on Waters from 2006, Regulations on discharge of waste waters into surface waters from 2001, Regulations on water classification and categorisation of water courses.

22% (2008)

Some definitions have yet to be transposed

The Directive 86/278/EEC on Environment Protection, and in particular the soil, when sewage sludge is used in agriculture

Not transposed

- -

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2.8.2 Agriculture

EU policy in the phytosanitary sector encompasses and sets standards that must be met to facilitate trading with the EU countries. However, in several cases, those standards arise from the international standards (International Convention Plant Protection Convention - IPPC or European Plant Protection Organisation - EPPO) recognised also by the countries outside the EU. Thereby, the adoption of the EU legislation will enable BiH to perform trading not only with the EU countries, but with other countries as well, meaning Russia and the Middle East. Phytosanitary issues are observed in three different legislation fields: health of plants, seeds and planting materials and plant protection products (PPP-pesticides). EU policy in field of plant health is regulated by the general Directive (Dir. 2000/29) and a dozen other specific directives and decisions. Similarly, seeds and planting materials production and marketing are regulated for main crops or groups of crops through more than a dozen directives. In some aspects, plant health and seed trade overlap, to avoid expansion of hazardous organisms through seeds and planting materials. Therefore, an integrated approach in adoption and implementation of these legal acts is required. Controlling and certification activities become crucial in this respect. Legal EU framework related to plant protection has been recently modified. The new Regulation (1107/2009) has repealed the old Directive (91/414) which regulated the procedure for issuing approvals for the trade in PPP's. The Regulation improves the performance of the approval issuing process, but additionally restricts rules and criteria for approvals of new active substances or re-issue of approvals for old substances. This is the process that concerns general policy frameworks related to the use of chemical substances and their effects on humans and the environment. In agriculture, the Regulation is closely related to the Directive 2009/128 that requires sustainable use of pesticides through the implementation of good agronomic practices and integrated protection of plants against pests by farmers. This is feasible only with the support of a developed consulting agency (whether public or private), control and supervision of pesticides. The role of authorities responsible for phytosanitary issues and phytosanitary inspections is therefore the key issue in this respect: for implementation of the approval procedure, control of products placed on the market, monitoring pesticides in agricultural products, whether intended for local or foreign market. Rules in this respect are in some cases even more strict than in the countries outside the EU. The overview of relevant EU directives and BiH regulations in agriculture that the directives have been transposed into are presented below.

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Table 10 Overview of Directives in Agriculture Relevant to Irrigation Projects

Directive

Law/Regulations/Provision into which it has been

transposed

Comment

The Directive 79/117/EEC, prohibiting the placing on the market and use of plant protection products containing certain active substances, the Directive 91/414/EEC on placing of the plant protection products on the market

BiH Law on Phytopharmaceutical Products („Official Gazette of BiH“ 49/04). „List of Active Substances Allowed for Use in Phytopharmaceutical Products in Bosnia and Herzegovina“ („Official Gazette of BiH“ 11/11), and „Decision on Establishing the List on Registered Plant Protection Products“ („Official Gazette of RS“, 62/11).

The use of all nonregistered active substances and products for plant protection is not allowed. The implementation of the EUFITO Project is ongoing with the support of EC. The goal of the project is to establish common national phytosanitary agency, which will have the ability to create and implement the BiH plant health protection policy pursuant to Acquis harmonised legislative and related international obligations and standards. Phytosanitary system is based on the operations of the institutions responsible for adequate implementation of legal regulations, as well as on the contribution of other stakeholders: farmers, advisors, researchers, consumers.

The Directive on the Contained Use of Genetically Modified Micro-Organisms (90/219/EEC) supplemented by 94/51/EC, 98/81/EC, the Regulation (EC) 1882/2003 and the Decisions 2001/204/EC and 2005/174/EC

-

No actions on transposition of this directive have been undertaken yet.

The Directive on Deliberate Release of Genetically Modified Organisms (2001/18/EC) supplemented by (EC) 1829/2003 and 1830/2003/EC, as well as by the Decisions 2002/623/EC and 2002/811/EC

Law on Genetically Modified Organisms 23/09

The Law was prepared based on the Directive but the harmonisation percentage is unknown.

The Regulation (EC) No 2003/2003 on Mineral Fertilizers

Law on Mineral Fertilisers („Official Gazette of BiH“ 46/04).

The Law was prepared based on the Directive but the harmonisation percentage is unknown.

The Regulation for Export and Import of Hazardous Chemicals ((EC) 304/2003) with the amendments (EC) 1213/2003, 775/2004 and (EC) 777/2006

The Decision on prohibiting registration, import and placing on market active substances („Official Gazette of BiH“ 47/09) The Decision on prohibiting registration, import and placing on market active substances and phytopharmaceutical products containing active substances whose sale or use is forbidden in the European Union („Official Gazette of BiH“ 02/11).

The Decision on prohibiting registration, import and placing on market active substances contains the list of active substances whose import and use is forbidden in BiH and in the EU countries. This document contains also the deadlines for the use of forbidden active substance, if imported into BiH prior to the Decision issue. BiH has adopted the «Decision on Ratification of Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade» („Official Gazette of BiH“ 14/

31

Directive

Law/Regulations/Provision into which it has been

transposed

Comment

The Commission Directive 93/61/EEC dated July 2, 1993 setting out the schedules indicating the conditions to be met by vegetable propagating and planting material, other than seed pursuant to the Council Directive 92/33/EEC

Law on Seeds and Planting Materials of Agricultural Plants in BiH („Official Gazette of BiH“ 03/05)

Harmonisation percentage is unknown.

The Council Directive 2000/29/EC of May 8, 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community

Regulations on the lists of hazardous organisms, plant lists, lists of plant products and regulated structures („Official Gazette of BiH“ 69/09)

The Law was prepared based on the Directive but the harmonisation percentage is unknown.

The Council Directive 91/414/EEC dated July 15, 1991 concerning placing the plant protection products on the market

Law on Protection of New Plant Sorts in Bosnia and Herzegovina („Official Gazette of BiH“ 23/03) Law on Plant Health Protection („Official Gazette of BiH“ 23/03)

The Law was prepared based on the Directive but the harmonisation percentage is unknown.

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3 ENVIRONMENTAL REVIEW PROCESS

3.1 ENVIRONMENTAL ASSESSMENT PROCESS FOR SUB-PROJECTS IN FBIH

Irrigation Development Project in FBiH is planned to be implemented on 5 individual locations. The overview of the locations with surface areas and types of interventions is given in the table below.

Table 11 Irrigation Projects Locations in the FBiH and their Characteristics

Sub-Project

Canton Municipality Intervention Type Surface Area (ha)

Višićka Kaseta

Herzegovina – Neretva Canton

Čapljina Reconstruction and expansion of the irrigation system including rehabilitation of the existing system, pumping station, installation of new equipment (4 new pumps, hydrants, pipes)

2000

Mostarsko polje

Herzegovina – Neretva Canton

Široki Brijeg Reconstruction of the existing irrigation system

3600

Cvilinsko polje 2

Bosnia – Podrinje Canton

Foča Ustikolina and Goražde

Reconstruction of the existing irrigation system and its upgrade

300

Odžak Posavina Canton

Odžak Reconstruction of the existing irrigation system and its upgrade

1200

Živinice Tuzla Canton Municipalities of Živinice and Kalesija

Reconstruction of the existing irrigation system and its upgrade

706+85

The analysis of the necessity for the environmental assessment for irrigation projects was based on the positive regulations from the concerned field on Federal and Cantonal level3. It has been noted that the projects for reconstruction of the existing irrigation systems are not included in the group of projects requiring environmental assessment. The legislator has, within the Federal Regulations on plants and facilities requiring EIA, chapter „Agriculture, Water Management and Forestry“, predicted the environmental assessment for a group of projects that can be generally related to irrigation project (Table 12). However, none of the projects from the table can be related to Irrigation Development Project.

2 The project Cvilinsko polje includes location in Municipality Foca Ustikolina (Cvilinsko polje) and locations in Municipality Gorazde (Gunjevići, Kolovarice, Hubjeri and Kazagići, Zupčići, Ahmovići and Kodžaga Polje) 3 Regulation of plants and facilities allowed to be constructed and commissioned only if provided with the environmental permit (Official Gazette of ZHC, 2/06). Regulations on activities, plants and facilities allowed to be constructed only if provided with the environmental permit (Official Gazette of HNC, 1/05); Regulations on issuing the environmental permit for plants and facilities and other planned activities that may have significant impact on the environment (Official Gazette of PC, 3/06); The decision on determination of civil structures, activities and interventions that may have significant impact on the environment (Official Gazette of PC, 5/00); Regulations on issuing the environmental permit for plants and facilities and other planned activities that may have significant impact on the environment (Official Gazette of TC, 3/05, 9/07); Regulation of plants and facilities allowed to be constructed and commissioned only if provided with the environmental permit (Official Gazette of BPC, 1/05, 11/06).

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Table 12 Agricultural Projects Requiring Environmental Assessment in FBiH

Project Description EIA Required at federal level (Decision Threshold)

EIA or environmental permit at federal level (Ministry Assessment -decision threshold)

Environmental permit at cantonal level (Decision Threshold)

Agricultural goods restructuring projects 30 ha 15 ha

Projects for utilisation of undeveloped land or semi-natural sites for intensive agricultural purposes

30 ha 15 ha

Initial forestation and deforestation for change of the land use

5 to 15 ha

Abstraction of ground water 3 million m3 - -

Storing or use of ammonium-nitrate-based fertilisers

1250 tons - 250- 1250 tons

Storing and use of toxic substances (group II toxicity)

50 tons - 10- 50 tons

Very toxic substances (toxicity group I) 5 tons - 1-5 tons

The Irrigation Development Project is classified as the Category 'B' pursuant to the Environmental Assessment OP 4.01. Taking into consideration project characteristic, it is necessary to carry out the environmental assessment and prepare Environmental and Social Framework document for the whole IDP project and Environmental Management Plan for five priority schemes. During the environmental assessment process, the borrower consults project-stakeholders separately for each document.

Pursuant to the requirements of the Water Law in FBiH, it is necessary to obtain water acts for the sub-projects in the FBiH, Preliminary Water Agreement, Water Agreement, and Water Permit, issues in a three stage process implemented in parallel with the civil construction permitting (issuing of urban agreement, construction permit and use permit). Water acts regulate aspects of facilities protection from waters, conditions for water protection from pollution generated by facility permitted and conditions for water use at the location of the project. There are no special requirements for projects with transboundary impact. Pursuant to the Federal and Cantonal Laws on Concessions and Water Law in FBiH, the project owner is to obtain concession for water resources use.

Table 13 Project Environmental Requirements in FBiH

Project Location Category Pursuant to WB

Environmental Assessment Instrument

Instruments Pursuant to the FBiH Regulations

Višićka Kaseta B Environmental Management Plan

Water Acts Concession for water resources use

Mostarsko polje B Environmental Management Plan

Water Acts Concession for water resources use

Cvilinsko polje B Environmental Management Plan

Water Acts Concession for water resources use

Odžak B Environmental Management Plan

Water Acts Concession for water resources use

Živinice B Environmental Management Plan

Water Acts Concession for water resources use

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Having all this in mind it is possible to conclude that the Irrigation Development Project in FBiH shall need to satisfy environmental assessment requirements of the World Bank as well as the water permitting requirements laid down in the water management regulations in FBiH (Table 13). The steps to be followed concerning environmental assessment process are the following: Step 1. Prepare Environmental Management Plan for priority schemes with the following content: full project description (location, history of agricultural production in the area, formerly

used irrigation schemes, water needs, description of the new system, proposals on the operation and management of the irrigation systems);

description of the environmental and social settings (physical environment, biological environment, socio-cultural characteristics);

environmental impact assessment (impact on sub-catchment area, other impacts in the construction phase, other impacts is the operational phase);

social impact assessment; environmental management plant; environmental impact mitigation plan; environmental monitoring plan.

Step 2. Organize consultation with stakeholders at the location closest to the project implementation site. The document should be publicly disclosed on the web site of the borrower in both entities and public hearing organized. Invitation to public hearing shall be published in daily newspaper at least five days before public hearing. Suggestions and comments should be recorded in the form of the Minutes and integrate them into the Final Document. Step 3. Obtain Preliminary Water Agreement. Preliminary Water Agreement is issued based on the irrigation system preliminary design. The project owner shall submit the Study for Preliminary Water Agreement. The Study shall be prepared by authorized institution licensed by the federal ministry responsible for water management. The content of the Study is prescribed by the Regulations of the Water Acts Content, Form, Terms, Issuing Procedure and Storing ("Official Gazette of FBiH" 06/08, 57/09 and 72/09). Project owner is to submit the Study to the responsible District Water Agency as follows: Table 14 Agencies Authorized for the Issue of Water Acts in FBiH

Sub-Project Municipality Agency Authorised for Issue of Water Acts

Višićka Kaseta Čapljina Adriatic Sea District Water Agency

Mostarsko polje Široki Brijeg Adriatic Sea District Water Agency

Cvilinsko polje Goražde Sava River District Water Agency

Odžak Odžak Sava River District Water Agency

Živinice Živinice and Kalesija Sava River District Water Agency

Step 4. Obtain Location Permit. Submit the Request for Location Permit to responsible municipal authority. Preliminary Water Agreement should be attached to the Request. Step 5. Obtain a Concession for water resources use. Project owner should submit the proposal for granting of concession to the responsible Cantonal Ministry of Agriculture together with the Feasibility Study. The Ministry proceeds according to the procedure defined in the

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Federal and Cantonal Law on Concession and grants the Concession in the form of a Concession Agreement. Step 6. Obtain Water Agreement. Engage expert institution registered for project design and licensed by the federal ministry responsible for water management to prepare investment-technical documents (detailed design). The documentation should be prepared in accordance with requirements set in the law on physical planning and civil construction. The documentation should be attached to the Request for Water Agreement and submitted to the responsible District Water Agency. The content of the Request is prescribed by the Regulations of the Water Acts Content, Form, Terms, Issuing Procedure and Storing ("Official Gazette of FBiH" 06/08, 57/09 and 72/09. Step 7. Obtain Construction Approval. Submit the Request for Construction Approval to responsible municipal authority. Investment and technical documentation and Water Agreement should be attached to the Request. Step 8. Obtain Water Permit. Prepare Project Final Design and submit it together with the Request for Water Permit. Step 9. Obtain Use Permit. Submit the Request for Use Permit to the responsible municipal authority. Final Design and Water Permit should be submitted together with the Request.

3.2 ENVIRONMENTAL ASSESSMENT PROCESS FOR SUB-PROJECTS IN RS

Irrigation Development Project in RS is planned to be implemented on 6 individual locations. The overview of the locations with surface areas and types of interventions is given in the table below. Considering the technical characteristics of the irrigation development project, noted until the preparation of this Study of Project Sites in RS, and pursuant to Article 3 of the Regulation, the projects belong to the category of plants and facilities subject to the Ministry's decision on whether the environmental impact assessment is required or not. Table 15 Irrigation Project Locations in RS and their Characteristics Sub-project Municipality Intervention Type Surface Area

(ha)

Bijeljina

Novo selo Reconstruction of the existing irrigation system, construction of pipelines with hydrants, existing open canals cleaning

800

Gojkovo polje Pelagićevo Reconstruction of the existing irrigation system

250

Gradiška-Laktaši Gradiška and Laktaši

Reconstruction of the existing irrigation system

500

Modrička pustara Modriča Reconstruction and extension of the existing irrigation system and installation of new equipment

300

Popovo polje and Mokro polje

Trebinje Reconstruction and modernization of the existing irrigation system

1750

Zlatac Sopilja

Nevesinje Reconstruction of the existing irrigation system with provision of additional water quantities

200

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As the Irrigation Development Project is classified as the Category 'B' pursuant to the Environmental Assessment OP 4.01, it is necessary to carry out the environmental assessment and prepare Environmental and Social Framework document for the whole IDP project and Environmental Management Plan for five priority schemes. During the environmental assessment process, the borrower consults project-stakeholders separately for each document. Pursuant to the Law on Waters and Law on Concessions, it is necessary to obtain water acts and concession for water resources use for sub-projects in RS.

Table 16 Project Environmental Requirements in RS Project Location

Category Pursuant to WB Policies

WB Environmental Impact Assessment Instrument

RS Environmental Impact Assessment Instrument

Bijeljina

B Environmental Management Plan Preliminary Environmental Impact Assessment; Water Acts; Concession for water resources use

Gojkovo polje

B Environmental Management Plan Preliminary Environmental Impact Assessment; Water Acts; Concession for water resources use

Gradiška-Laktaši

B Environmental Management Plan Preliminary Environmental Impact Assessment; Water Acts; Concession for water resources use

Modrička pustara

B Environmental Management Plan Preliminary Environmental Impact Assessment; Water Acts; Concession for water resources use

Popovo polje and Mokro polje

B Environmental Management Plan Preliminary Environmental Impact Assessment; Water Acts; Concession for water resources use

Zlatac Sopilja

B Environmental Management Plan Preliminary Environmental Impact Assessment; Water Acts; Concession for water resources use

Having all this in mind it is possible to conclude that the Irrigation Development Project in RS shall need to satisfy environmental assessment requirements of the World Bank and Law on Environmental Protection as well as the water permitting requirements set up in the water management regulation in RS (Table 16). The steps to be followed concerning environmental assessment process in RS are the following: Step 1. Obtain Location Permit. Submit the Request for Location Permit to responsible municipal authority. Preliminary Water Agreement should be attached to the Request. Step 2. Obtain Preliminary Water Agreement. Preliminary Water Agreement is issued based on the irrigation system preliminary design. The project owner shall engage expert institution to develop project preliminary design that will be submitted together with the preliminary water agreement request form found on the web site of responsible. Project owner submits the Request to the responsible District Water Agency as follows:

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Table 17 Agencies Authorised for the Issue of Water Acts in RS

Sub-Project Municipality Agency Authorised for Issue of Water Acts

Bijeljina

Novo selo Sava River District Water Agency

Gojkovo polje Pelagićevo Sava River District Water Agency

Gradiška-Laktaši Gradiška and Laktaši

Sava River District Water Agency

Modrička pustara Modriča Sava River District Water Agency

Popovo polje and Mokro polje

Trebinje Trebišnjica River District Water Agency

Zlatac Sopilja Nevesinje Trebišnjica River District Water Agency

Step 3. Prepare Environmental Management Plan and Request for Environmental Permit for priority schemes. In order to avoid preparation of the two documents, one document of consolidated content can be prepared as suggested in the table below: Prepared document should be submitted to the Ministry for ecology, which is to review the document and decide on necessity to undertake EIA procedure. Since the expert institution licensed by the Ministry should prepare the request for Preliminary EIA, the Consolidated report is also to be prepared or verified by licensed expert institution prior to submission.

Table 18. Consolidated content of the EA Document for priority schemes in RS

EMP Content as per and SB requirements and ToR

Request for Preliminary EIA as per requirement of Law on Environmental Protection

Consolidated content of the EA document

project description (location, history of agricultural production in the area, formerly used irrigation schemes, water needs, description of the new system, proposals on the operation and management of the irrigation systems);

description of the environmental and social settings (physical environment, biological environment, socio-cultural characteristics);

environmental impact assessment (impact on sub-catchment area, other impacts in the construction phase, other impacts is the operational phase);

social impact assessment;

description of the project, including information about its location, purpose and size,

description of potential environmental impacts of the project during its construction or execution, during its operation, or exploitation,

description of measures envisaged to prevent, reduce or eliminate adverse environmental impacts of the concerned project,

a brief overview of the options considered by the project owner and the list of reasons for the chosen solution, considering the impacts on the environment,

excerpt from the planning act,

information about possible difficulties the project

project description (plan, location, history of agricultural production in the area, formerly used irrigation schemes, water needs, description of the new system, proposals on the operation and management of the irrigation systems);

description of the environmental and social settings (physical environment, biological environment, socio-cultural characteristics);

environmental impact assessment (impact on sub-catchment area, other impacts in the construction phase, other impacts is the operational phase);

social impact assessment; environmental management plan; environmental impact mitigation

plan; environmental monitoring plan brief overview of the options

considered by the project owner and the list of reasons for the chosen solution, considering the impacts on the environment,

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EMP Content as per and SB requirements and ToR

Request for Preliminary EIA as per requirement of Law on Environmental Protection

Consolidated content of the EA document

environmental management plan;

environmental impact mitigation plan;

environmental monitoring plan.

owner encountered during the data collection,

non-technical summary of the information from previous points

attachment: Waste Management Plan as per Law on Waste.

excerpt from the planning act, information about possible difficulties

the project owner encountered during the data collection,

non-technical summary of the information from previous points

attachment: Waste Management Plan as per Law on Waste.

Step 4. Organize consultation with stakeholders at the location closest to the project implementation site in the way to satisfy both requirements of the WB and Law on Environmental Protection. The copies of the document should be submitted to:

municipal administrative body responsible for physical planning, administrative bodies and organizations responsible for protection of environment,

and inter-entity body if the project might have negative impact on environment of other

entity, Brčko District or state. All suggestions received in written for should be integrated in the Final Document. The document should be publicly disclosed on the web site of the borrower in both entities and public hearing organized. Invitation to public hearing shall be published in daily newspaper at least five days before public hearing. Previously listed stakeholders should be invited to the public hearing. Suggestions and comments should be recorded in the form of the Minutes and integrate them into the Final Document. Step 5. Develop Environmental Impact Study Based on the Request for Preliminary EIA and comments received by above-mentioned stakeholders, Ministry of ecology brings the decision on necessity to carry out EIA procedure. If the Ministry decides EIA is necessary, project owner should engage a licenced expert institution to prepare Environmental Impact Study (EIS) and ensure public participation in the EIS review process. Public is to be involved by organising a public hearing at the location closest to the project implementation site. Step 6. Obtain environmental permit If the Ministry decides that EIA procedure is necessary, following successful completion of the procedure, a Decision on EIS Approval and Decision on Environmental Permit are issued. If the Ministry concludes that EIA is not necessary, a Request for Environmental Permit is prepared. The Request is to be prepared by a licenced expert institution. Following the review of the Request, a Decision on Environmental Permit is issued. Step 7. Obtain Water Agreement. Engage expert institution registered for project design to prepare investment and technical documentation (the detailed design). The documentation should be prepared in accordance with requirements set in the laws related to physical

40

planning and civil construction. The documentation should be attached to the Request for Water Agreement and submitted to the responsible District Water Agency. Step 8. Obtain a Concession for water use. Project owner should submit the proposal for granting a concession to the responsible Republic ministry for agriculture together with the Feasibility Study. The Ministry proceeds according to the procedure defined in the Law on the Concession RS and grants the Concession in the form of a Concession Agreement. Step 9. Obtain Construction Approval. Submit the Request for Construction Approval to responsible municipal authority. Investment and technical documents and Water Agreement should be attached to the Request. Step 10. Obtain Water Permit. Prepare Project Final Design and submit it together with the Request for Water Permit. Step 11. Obtain Use Permit. Submit the Request for Use Permit to responsible municipal authority. Final Design and Water Permit should be submitted together with the Request.

Note: In order to assess impact of future irrigation schemes on environment that foresee only reconstruction of existing system, the Environmental Management Plan Checklist (EMP Checklist) given in Chapter 4 will be used. Fro any other future priority schemes that require significant works in environment a detailed EMP will be prepared as it was a case for sub-project Goražde whose sample EMP is inseparable part of this framework document. It is to be noted that EMPs for priority schemes in RS and FBiH will differ with content due to the need to produce consolidated document for RS sub-projects so to satisfy requirements of the WB and Law on Environmental protection (Table 18).

3.3 CAPACITY BUILDING AND TRAINING NEEDS

Implementation of Environmental and Social Management Framework and Environmental Management Plan that is inseparable part of this documents is responsibility of: in the planning phase: borrower and project designer, in the construction phase: executors of civil works and supervision works, in the implementation phase: irrigation system users, owners of individual plots that

will most probably join into Water Users Association. It is fair to assume that the knowledge and skills required to prepare project documents in line with environmental assessment requirements, and design irrigation system, execute civil works and carry out on-site supervision works are available within national companies. Thus capacity building in the planning and construction phases is not considered to be necessary. On the other hand, existing land owners, future irrigation system users, have basic agricultural knowledge in raising certain crops, use traditional agrarian methods while large number of them never used irrigation system and integrated pest management. It is assumed that, in the transition period, municipalities (via their communal enterprises) will provide system users with technical support in management and maintenance of the main system (from intake to the hydrants) while agricultural experts will support the process with advices to obtain maximum crop yield. Nevertheless, it is expected that in short period of time, system will be transferred to Water Users Association. It is assumed that newly formed Water Users Association will have a

41

person, or several of them, responsible for management and maintenance of the main system and that each system user will be responsible for their irrigation branches. Thus, the focus of the training programme should be on future users and managers of the irrigation system. Future managers should be trained to manage the system sustainably. The core knowledge on sustainable management of irrigation system is found among the hydro-engineering/mechanical engineering experts specialised for maintenance of pumping stations and pipelines, employed by institutions providing university education or appropriate institutes and consultancy companies. Future system users should be trained in relation with:

1. irrigation equipment selection, 2. water use elements, 3. sustainable used of irrigation system to obtain maximum crop yields, 4. use of good agricultural practices among which is the methods for integrated pest

management and use of natural and mineral fertilisers. Core knowledge on use of irrigation system, soli management and use of pesticides is found at agricultural faculties and their institutes. Relevant laws related to agricultural production and use of pesticides, farmers must pass corresponding training programmes. Faculties and their institutes are to ensure a continuous education.

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4 EMP CHECKLIST FOR IRRIGATION RECONSTRUCTION ACTIVITIES

4.1 INTRODUCTION

Main purpose of the Irrigation Reconstruction EMP Checklist (IR EMP Checklist) is to provide a simple tool for identification of potential environmental impacts related to rehabilitation, modernization or improvement of existing irrigation schemes, and schemes that for a number of years have not been operating (due to war conditions, concessionaire/user gone out of business, etc.). The term irrigation is understood to cover the related drainage facilities (underground drainage pipes, or open channels). The EMP checklist then provides a set of associated environmental mitigation measures as well as monitoring measures that will help assess the implementation of the selected mitigation measures. The design and concept of the EMP Checklist allows for it to be used either by specialists or non-specialists dealing with irrigation reconstruction in cases where environmental due diligence may not be required by the national legislation (existing irrigation systems) or a full scale EIA study is not required. The checklist-type format has been developed to provide “example good practices” and designed to be user friendly and compatible with the World Bank safeguard requirements.

4.2 DESCRIPTION OF THE IR EMP CHECKLIST

The EMP checklist-type format attempts to cover typical core mitigation approaches to civil and other reconstruction works with small, localized impacts on existing irrigation systems. It is accepted that this format provides the key elements of an Environmental Management Plan (EMP) or Environmental Management Framework (EMF) to meet World Bank Environmental Assessment requirements under OP 4.01. The intention of this checklist is that it would be applicable as guidelines for the rehabilitation works contractors and constitute an integral part of bidding documents and contracts for contractors carrying out said works under Bank-financed projects. It consists of two major sections:

1. Project Design and Specification: includes a descriptive part that characterizes the

project, including institutional and legal requirements, technical project content,

capacity building needs and a short overview of the public consultations process. This

section could be up to two pages long. Attachments for additional information can be

supplemented when needed.

2. Environmental Management and Monitoring Plan: includes an environmental and social

management and monitoring table, where activities and potential environmental issues

can be checked in a simple Yes/No format. If any given activity/issue is triggered by

checking “yes”, the corresponding mitigation and monitoring measures should also be

checked.

4.3 DIRECTIONS FOR USE AND APPLICATION OF RESULTS

The Project Design and Specification section of the IR Checklist requires knowledge about basic general and technical information on sub-projects. Where asked, the boxes should be checked and values filled in. Supplemental information can be attached to the document.

44

The Environmental Management and Monitoring Plan section should be completed in four steps:

Step 1 – user should identify present or potential impacts of the project on environment among those listed in the column Possible Environmental Impacts. The appropriate boxes adjacent to each impact identified should be checked. Step 2 – for each impact identified, the user should select the appropriate mitigation measures among those listed in the column Mitigation Measures by checking the box adjacent to the measure selected. One environmental impact can trigger one or several of the mitigation measures stated in the table. Step 3 – for each impact identified, the user should select appropriate monitoring parameters among those listed in the column Monitoring parameters by checking the box adjacent to the parameter selected. Decision on which of the monitoring parameters is optimal to monitor is based on the possibility of occurrence of the impact and its severity, cost of monitoring, etc. Step 4 – the user should identify which of the Bodies (Proponent, Design Engineer, Contractor, etc.) among those listed in the column Responsible body will be responsible for implementing mitigation measure and/or conduct the monitoring. The box adjacent to the responsible body should be checked.

Leaving the box unchecked means that particular impact is not present or identified. For each impact box that is checked, at least one box in the columns for mitigation measures needs to be checked. The proposed monitoring measures will be checked accordingly, as suitable.

This EMP Checklist is applicable for existing irrigation systems (earth/concrete canals and piping). In case of any of the following, please seek additional assistance and clarification from the World Bank's Task Team Leader: There is a need to acquire or access privately owned land or objects; A part of the system or the water source is in the vicinity of a protected area or a

sensitive natural habitat (wetlands, forests, etc.); There are planned changes in the water uptake or in the system going beyond the

originally designed parameters.

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4.4 THE IR EMP CHECKLIST

SECTION 1: GENERAL INFORMATION AND PROJECT DESIGN AND SPECIFICATIONS Institutional and Administrative Data 1 Project name

(Name of World Bank Project) 2 Sub-project title

(Name of Irrigation System) 3 Sub-Project location

(Municipality / City, County, Entity) 4 River basin

Institutional Arrangements 5 Institutional Arrangements (names and

contacts)

WB (Task team leader)

Project Management

(PIU)

Local Counterpart or

Recipient

6 Implementation arrangements (names and contacts)

Safeguard Supervision

PIU Supervision

Contractor

Site Description Project Design and Specifications (Instructions: Check box/es and input specifications on space provided. Attach supplemental information including maps and schemes as available and where deemed necessary for planning/costing purposes) 7 Name of site:

8 Short narrative description of site:

If there is sufficient detailed information on the irrigation scheme, please fill in section on next page.

9 Locations and distance for licensed material sourcing, especially aggregates, water, stones (an approximation is also usable)?

Legislation 10 Identify national & local legislation & permits that apply to this irrigation scheme (focus on

environmental and water use permits)

Public Disclosure 11 Data on disclosure of EMP IR Checklist and public consultations:

Capacity Building 12 Will there be any capacity building specific to

this irrigation scheme and location? And is this capacity building program envisaged under the overall project?

[ ] N or [ ]Y if Yes, Attachment 2 includes the capacity building program

46

Detailed Site Description and Design Project Design and Specifications (Instructions: Check box/es and input specifications on space provided. Attach supplemental information including maps and schemes as available and where deemed necessary for planning/costing purposes). In cases where data is not readily available, please indicate if the following is a best available approximation. 13 Name of site:

14 Type of Agri-Plantation: Fruits [ ] open field: (ha); [ ] greenhouses: (ha); Vegetables [ ] open field: (ha); [ ] greenhouses: (ha); Fodder [ ] open field: (ha); [ ] greenhouses: (ha); Crops [ ] open field: (ha); [ ] greenhouses: (ha); Flowers [ ] open field: (ha); [ ] greenhouses: (ha); Tobacco [ ] open field: (ha); [ ] greenhouses: (ha); Other: [ ] open field: (ha); [ ] greenhouses: (ha);

Exact values Best estimate

15 Land ownership: single landowner: [ ] private: % ( ha); [ ] public: % ( ha); multi-landowners: [ ] private: % ( ha); [ ] public: % ( ha);

Exact values Best estimate

16 Water source type: [ ] surface water: [ ] river (Name: ) [ ] other [ ] ground water: [ ] well [ ] spring [ ] other

Exact values Best estimate

17 Location of water source listed in item 11 above: (Municipality / City, County, Entity, Country)

18 Water source flow: dry season flow: (m3/s); rainy season: (m3/s); annual: (m3/s)

Exact values Best estimate

19 Percent and flow of water currently used for IR system: [ ] dry season: % ( m3/s) [ ] rainy season: % ( m3/s) [ ] annual: % ( m3/s)

Exact values Best estimate

20 Type of IR system: [ ] gravity – free fall [ ] pumping and free fall

21 Irrigation canals: Main Canal: Length (m);Height (m); Bottom width (m) Secondary Canals: Length (m);Height (m); Bottom width (m)

Exact values Best estimate

22 Irrigation dikes: Length (m);Height (m);Bottom width (m)

Exact values Best estimate

23 Distribution pipeline: Length (m); Material: [ ] PVC, [ ] PE, [ ] other:

24 Canal/Dike material: [ ] earth [ ] concrete [ ] other:

25 Check gates: Number of check gates: Type/s:

Exact values Best estimate

26 Pumping stations: Number of PS: Energy source: [ ] electricity [ ] fuel Consumption: (kWh-l/year)

Exact values Best estimate

47

SECTION 2: ENVIRONMENTAL MANAGEMENT AND MONITORING PLAN

Project Phase / Activities

Possible Environmental Impacts

Mitigating Measures Monitoring parameters

Responsible Body

Construction phase

Mo

bil

izat

ion

/ T

emp

ora

ry f

aci

liti

es/

Co

nst

ruct

ion

/D

e-m

ob

iliz

atio

n

General Site Conditions and Safety Notifications

□ Notification of public and Overall Site Safety

□ The local construction and environment inspectorates and communities have been notified of upcoming activities

□ The public has been notified of the works through appropriate notification in the media and/or at publicly accessible sites (including the site of the works)

□ All legally required permits have been acquired for construction and/or rehabilitation

□ The Contractor formally agrees that all work will be carried out in a safe and disciplined manner designed to minimize impacts on neighbouring residents and environment.

□ Workers’ PPE will comply with international good practice (always hardhats, as needed masks and safety glasses, harnesses and safety boots)

□ Appropriate signposting of the sites will inform workers of key rules and regulations to follow and emergency contact numbers

□ Provide on-site medical services and supplies for any emergency, through institutional and administrative arrangements with the local health unit

□ Provide portable water & sanitary facilities for construction workers

□ Keep written proof of notifications, local permits, and/or media announcement clippings

□ Supervisor to ensure use of PPE

□ Supervisor to visually inspect adequate signage

□ Site supervisor

□ PIU

□ Contractor for execution of civil works

Traffic and Pedestrian Safety

□ Increased traffic due to heavy equipment/ vehicle movement/ works in vicinity of main/local roads

□ Schedule vehicle movement during lean daytime traffic hours or at night.

□ Provide traffic aides/flagmen, traffic signs to help ensure the free and safe flow of traffic

□ Maintain & Repair temporary alternative route of vehicles & pedestrians

□ Presence of traffic signs

□ Public complaints received

□ Occurrence of traffic jams

□ Contractor

□ __________

48

Project Phase / Activities

Possible Environmental Impacts

Mitigating Measures Monitoring parameters

Responsible Body

□ Decreased public access through the construction area

□ Designate an alternate route for pedestrian and/or vehicles in coordination with the Municipal Authorities or provide safe passageway through the construction site

□ Public complaints received

□ Contractor:

□ __________

Air Quality – dust and noise suppression

□ Obnoxious gas & particulate emissions from vehicles, equipment & generators

□ Regular equipment maintenance

□ Contractor to present proof of compliance with emission standards as part of the annual vehicle registration process

□ Presence of black smoke from construction vehicles

□ Attestation documentation

□ Contractor:

□ __________

□ Dust suspension from spoils stockpiles, vehicle movement in unpaved roads & construction works

□ Compact spoils storage piles

□ Wet areas of dust sources to minimize discomfort to nearby residents

□ Control of vehicle speed to lessen suspension of road dust

□ Public complaints received

□ Contractor:

□ __________

□ Noise generation from heavy equipment & generator operations

□ Schedule equipment movement during non-peak hours of daytime vehicular traffic

□ Avoid night-time construction activities and abide by local laws on construction hours

□ Provide housing for gensets, if near residences

□ Provide silencers/mufflers for heavy equipment

□ Public complaints received

□ Measure a noise level in case of complaints

□ Contractor:

□ __________

Waste and Inert Material Management

□ Environmental pollution caused by improper waste management

□ Whenever feasible the contractor will reuse and recycle appropriate and viable materials (except asbestos)

□ Waste collection and disposal pathways and sites will be identified for all major waste types expected from demolition and construction activities.

□ Mineral construction and demolition wastes will be separated from general refuse, organic, liquid and chemical wastes by on-site sorting and stored in appropriate containers.

□ Visual inspection of separate waste management piles

□ Written receipts of all separate waste streams handled by the designated authorities

□ Visual inspection of burn marks on site

□ Contractor for execution of civil works

□ __________

49

Project Phase / Activities

Possible Environmental Impacts

Mitigating Measures Monitoring parameters

Responsible Body

□ Construction waste will be collected and disposed properly by licensed collectors

□ No open burning of wastes on or off site

□ Soil erosion and landslides due to clearing/excavation operations

□ Provide slope protection through bank compaction, rip-rapping on critical sections, or vegetative stabilization

□ Designate a Spoils Storage Area, with topsoil set aside for later use and allow maximum re-use of spoils

□ Use material for restoration of degraded areas

□ Presence of eroded areas near the site

□ Signs of a potential/imminent landslide (unstable soil, signs of slippage, etc.)

□ Contractor for execution of civil works

□ __________

□ Removal of vegetation

□ Do replacement planting that would restore remove vegetation

□ Secure: (i) Environmental permit, (ii) Urban consent and (iii)Tree cutting consent

□ Area replanted

□ Number and type of plants replanted

□ Contractor:

□ __________

Water Quality and Quantity

□ Increased surface and groundwater turbidity & siltation, causing inconvenience in community use of the affected surface or ground waters along the path of the irrigation canals

□ Set up sediment traps along rivers and/or gabions along banks to filter out eroded sediments

□ Same measures above for erosion control and slope stabilization

□ Complaints received

□ Visually for presence of turbidity in surface water

□ Analyse surface water quality in case of complaints (for pH, turbidity, conductivity and suspended solids)

□ If groundwater is used for drinking water supply, analyse tap water for drinking water quality parameters as prescribed in national legislation

□ Contractor:

□ __________

□ Oil & grease contamination of water bodies due to poor equipment M&R

□ Provide oil & grease traps in stilling ponds

□ Provide ring canals around fuelling tanks/motor pool/

□ Complaints received

□ Analyse surface water quality in

□ Contractor:

□ __________

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Project Phase / Activities

Possible Environmental Impacts

Mitigating Measures Monitoring parameters

Responsible Body

& refuelling maintenance areas

□ Collect used oils in containers and hand over to authorized agency for handling

case of complaints (for COD and total mineral oils)

□ If groundwater is used for drinking water supply, analyse tap water for drinking water quality parameters as prescribed in national legislation

□ Presence of oil film on water surface

Cultural Property and Chance Findings

□ Damage to cultural property or chance findings which may be traversed or encountered during construction

□ Stop the works and observe reporting and conservation protocols based on prior coordination with the responsible agency: Institute for Protection of Cultural & National Heritage

□ Presence of clearance documentation from Institute

□ Contractor:

□ __________

Operation and Maintenance □ Dumping of

wastes into the irrigation canals, including obstructions from improperly managed canals can decrease quality and quantity of water available in the system

□ Sustained and regular monitoring and maintenance & repair of IS Structure

□ Allocate sufficient budget for M&E and maintenance and repair (introduce a volume-based water-use fee system if applicable)

□ Proactive occasional surveys beyond the system itself

□ Accurate reports on O&M status

□ Back- jobs

□ Occurrence of accumulated waste at the check/ control gates

□ Reduction in Water flows

□ Water Users Association (WUA) or other form of system users organization

□ __________

□ Decrease of downstream water quantity due to water use

□ Ensure capacity of the system remains as per the planned capacity

□ Monitor water use within system

□ Ensure the ecological minimum flow is always released

□ Water use and flow monitoring

□ Water Users Association (WUA):

□

□ Drawdown of groundwater table, or

□ Ensure capacity of the system remains as per the planned capacity

□ Water use and flow monitoring

□ WUA

□ Responsible

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Project Phase / Activities

Possible Environmental Impacts

Mitigating Measures Monitoring parameters

Responsible Body

saltwater intrusion (for coastal IS) due to over- extraction of groundwater source for the IS

□ Monitor water use within system

Ensure the ecological minimum flow is always released

□ Secure clearance/water permits from responsible Water Agency

□ Monitor the following:

yields and extraction rates for groundwater sources

groundwater reservoir tapped by the community

Water Agency

□ Other:

□ Decreased downstream water quality due to increased use of agro-chemicals (pesticides & fertilizers)

□ Use only the agro-chem allowed/ cleared by the National Institute for Plant Protection and strictly adhering to the prescribed doses and frequencies

□ Controlled application of agro-chemicals based on the Integrated Pest Management (IPM) through strengthened cooperation with local representatives of the National Institute for Plant Protection (extension services)

□ Training of the farmers on the good agricultural practices including proper selection, dosage and timing of agro-chemical applications

□ Conduct sampling of downstream water. If particular agro-chem is detected in excessive amounts, track down the source (farm plot)

□ Number of trainings & farmers trained

□ WUA:

□ Local Agricultural Cooperatives:

□ __________

□ Soil salinization, rise of water table, water-logging and reductions in crop productivity due to over-use of irrigation water

□ Define crop water requirements

□ Ensure WUA/Land user(s) has (have) viable irrigation schedule

□ Improve calibration and functioning of water management devices

□ Observable salt deposits or water-logged areas

□ Reductions in crop productivity

□ Soil parameters analysis

□ WUA:

□ __________

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5 SOCIAL ASSESSMENT FRAMEWORK

5.1 INTRODUCTION

The assessment of the social frame is used to identify the social dimension of the proposed project activities and analyse the potential influence and social issues. The goal of the Assessment of the social frame is to ensure enough information and data to improve the design of the Project. The Focus of the Assessment should be on: assessment of the existing socio-economic conditions of the population on the

subproject locations; understanding the current manner of using and managing the water resources and the

irrigation systems by the key participants in the local communities; consulting the participants about the possible limitations and possibilities envisaged by

the Project, including the relations between the local communities and the authorities responsible for water management, irrigation and employment opportunities;

assessment of the social and economic influence of the Project of irrigation development on the population on the subproject locations.

The social assessment should be organised in the following manner: 1. to review the proposed Project components and determine the issues that need to be

studied from the social point of view; 2. to identify all the relevant participants – the local communities (settlements, urban and

rural, permanent and temporary, dependant on the water resources and irrigation), the local entrepreneurs, the government officials and the personnel (at municipal, cantonal and, where possible, central level) and other interested groups;

3. to identify and describe all the cases of permanent/temporary relocation and land confiscation or of other resources that lead to a loss under management, which households will be affected and in what manner and how the influence will be treated by means of prevention or avoidance and compensation measures;

4. to collect the representative data by means of the qualitative and quantitative tools: a. the household characteristics, including the structure of the household, the size, the

composition, the maintenance, the lease and inheritance forms, the households in which a woman is in charge;

b. the ways of sustainability and production, income sources; c. the mechanisms to solve conflicts including formal and informal structures; d. The characteristics of the communities, the trends and development that could

influence the management of the natural resources (i.e. the land lease procedures and land acquisition, the value of the land, the human values, the level of environmental awareness, the levels of education)

5. to identify the representative sample of the encompassed communities and carry out detailed / half-structured interviews, focus groups and household surveys as well as meetings with the representatives of the key institutions;

6. to determine the fears and expectations of the population that can be used as indicators; 7. to summarise the proposed Project activities and their social and political context; to

explain the relations among various Project components; 8. to identify the main social issues regarding the reforms supported by the Project and

particularly the set of the interventions envisaged by each of the components; 9. to assess the possible positive and negative influences of the Project in quantitative sense,

as much as possible, about the key participants, especially the poor and the most vulnerable social groups that depend on the water resources and irrigation;

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10. to assess the key (formal and informal) institutions in the water management sector that will be included in making alleviation measures, rating their roles, capacities and training needs.

5.2 METHODOLOGY

The assessment of the social frame is carried out in three phases: Phase 1. Review of the existing data and preparation of the instruments Phase 2. Qualitative research Phase 3. Quantitative research Phase 1. Review of the existing data The review of the existing data determines the following elements: Review of the social context by means of the review of the available sources of

information about the socio-cultural, historic, institutional and political context in which the project develops.

Identification of the main social issues regarding the reforms that the project brings. Review of the proposed project components and the separated issues that need to be

dealt with from the social point of view. Identification of the key participants, their needs, the review of the key participants’

social characteristics. Assessment of the institutions in the water management sector that will be included in

making alleviation measures, rating of roles, capacities and training needs. Identification and analysis of potential risks and the proposal for their alleviation.

Phase 2. Qualitative research Qualitative research requires data collection by means of the focus group method and detailed interviews. The interviews and discussions in focus groups represent efficient methods to test some of the presented hypotheses. The accomplishment of these methods is the best way to prepare the questionnaires for quantitative research. Focus groups are created with the population of the project locations and the interviews with the representatives of the local communities, the representatives of the association of agricultural workers and with the representatives of the companies from the agricultural sector. Focus group guide (Appendix 1) was developed in order to create focus groups and it consists of 32 questions divided into four areas: The general opinion of the individual agricultural workers regarding the agricultural sector and the main participants; Data regarding the agricultural activities; Influence of the Project; and Cooperation. The participants in the focus groups are selected according to the criteria checked in the field Questionnaire on socio-demographic characteristics (Appendix 2). The basic criteria for the recruitment of the focus group participants are: Profession – the participants in the research are the agricultural workers whose main

occupation is agriculture and whose additional activity is being heads of their households.

Sex – At least one third of the participants in the focus groups are females, two-thirds are males.

Age – half of the participants are up to 45 years old and the other half of the participants is between 45 and 60.

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Two guides were developed for the interview needs: Guide for interviews with municipality representatives (Appendix 3) which consists of 17 questions and Guide for interviews with company/association/cooperative representatives (Appendix 4) which consists of 27 questions. The application of the aforementioned methods determines the following elements: Identification of the relevant participants – local communities, local entrepreneurs,

government officials and personnel (at municipal, cantonal and, where possible, central level) and other interested groups;

Identification and description of all the cases of permanent or temporary relocation and land confiscation or other resources that lead to a loss under management, which households will be affected and in what way and how the influence will be treated by means of prevention or avoidance and compensation measures;

Identification of the representative sample of the encompassed communities, carrying out detailed / half-structured interviews and focus groups as well as the meetings with the representatives of the key institutions;

Identification of the population’s expectations which can be used as indicators; Summary of the proposed Project activities and their social and political context;

Explanation of the relations among various Project components; Identification of the main social issues regarding the reforms supported by the Project

and particularly the set of the interventions envisaged by each of the components; Assessment of the key (formal and informal) institutions in the water management

sector that will be included in making alleviation measures, rating their roles, capacities and training needs.

Phase 3. Quantitative research Quantitative research is used to collect the following data: The household characteristics including the household structure, the size, the

composition, the maintenance, the lease and inheritance manners, the households where a woman is in charge;

The ways of sustainability and production, income sources; The mechanisms to solve conflicts including formal and informal structures; The characteristics of the communities, the trends and development that could influence

the management of the natural resources (i.e. the land lease procedures and land acquisition, the value of the land, the human values, the level of environmental awareness, the levels of education)

In addition, the data collected by carrying out the quantitative research are used to: determine fears and expectations of the population that can be used as indicators; identify the main social issues regarding the reforms supported by the Project and

particularly the set of interventions envisaged by each of the components; to assess the possible positive and negative influence of the Project in quantitative

sense, as much as possible, about the key participants, especially the poor and the most vulnerable social groups that depend on the water resources and irrigation

to assess the key (formal and informal) institutions in the water management sector that will be included in making alleviation measures, rating their roles, capacities and training needs.

Quantitative research is carried out by means of direct surveys (interviews face-to-face) of the households on the project locations. The survey is carried out with Questionnaire for the survey of the households that are potential direct users of IDP (Appendix 5) and Questionnaire for the survey of the households that could be indirectly affected by the project IDP (Appendix 6). The questionnaires contain 60, mostly closed questions and 11 standard demographic questions. The surveys can be carried out on the sample of 200 households. The surveyed are the

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households that are the owners, proprietors or users of the land that is situated on the subject locations, the households in which it is possible to survey the head of the household, namely the person that is familiar the most with the data regarding the agricultural production, the finances etc. The surveys are carried out in accordance with the Instruction on surveys, which is the integral part of the Survey. Quality control is carried out by controlling the filled out questionnaires every day. This is done by the coordinator. Quality control is also carried out by the return phone calls of about 10% of the surveyees using the method of the random sample. For each of these items of the sample the surveyors keep separate Contact lists on which they write down the data regarding the survey process. The surveyors need to write down each contact in the field, finished and interrupted surveying, each survey attempt, regardless of the outcome. The level of the answers to the survey is the percentage of the surveyees who were successfully surveyed compared to the total number of the potential contacted surveyees. The higher the level of the answers, the better the sample representation. Data processing can be done using software packages like Survey System 10.0 software. After data entry in the Survey System, the data is transferred to the programme SPSS 18.0 (Software Program for Social Sciences) – a professional software package. SPSS is used for data cleaning and logic control as well as the preparation of the tables with the research results. The analysis of the collected data is processed in this programme.

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6 RESETTLEMENT POLICY FRAMEWORK

6.1 INTRODUCTION

Significant and demanding construction or soil cultivation projects, that the Irrigation Development Project in any case is, may consequentially require limited or full acquisition of real property from their owners, or creation of right of ways for the pertaining real property. The extent of a full property acquisition in certain circumstances may be such to disable continuation of the existence in the related area, as well as result in the need of the resettlement of land owners from their former residence to some other areas.

The process of the afore mentioned resettlement of acquired property owners is normally related to numerous distinctive social, legal, socio-economic and cultural circumstances, and is regulated by many different rules and regulations issued by several authorities and institutions.

In terms of the nature of the property right, it is indicated that it refers to one of basic human rights normally protected both by local legislation (the Constitution and Laws), as well as international conventions and standards for protection of human rights. Furthermore, aimed at better protection of ownership rights as well as protection of the owner and the user themselves, certain rules of special authorities and institutions have been defined and exist today. Such special and specific resettlement rules include World Bank directives, standards, and requirements.

It is also the fact that in situations of a common (public) interest, whereby the statutory requirements have been fulfilled, the right to ownership, or the property may be restricted or fully acquired through the prescribed process. However, in that case, there is the obligation both of the state and the acquisition beneficiary to provide appropriate compensation for the pertaining property, and, in addition, to protect the person whose property is subject to acquisition in another proper way, or preserve its accomplished living standard and, generally, its living, social, socio-economic, cultural, and similar circumstances.

6.2 WORLD BANK RESETTLEMENT REQUIREMENTS

Specific World Bank resettlement requirements are given in the Operational Policies , and refer to force resettlement, while detailed descriptions of the Resettlement Plans and Resettlement Policy Frameworks are given in the Operational Policies Annexes (OP Annexes), issued in the case of resettlement. Summarising the basis of afore mentioned Operational Policies, it can be concluded that their target is to ensure the following: Resettlement shall be avoided whenever possible. If the resettlement is unavoidable, it

shall be reduced to the most minimum required extent. When the resettlement is required, it shall be treated as a development programme,

which will provide the person subject to resettlement with an efficient resource for new investment.

Persons affected by resettlement must be provided with full information as well as the possibility of participating in the processes, all aimed at the protection and achievement of their rights.

It is the obligation to support the displaced persons in their efforts to increase their income and living standard, or at least to renew and retain them at the former level.

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It is the obligation to support the displaced persons and provide them with appropriate protection, regardless of the way of property and land acquisition, or their legality (thus also in the case when they do not have a legal basis but are considered illegal users).

Displaced persons shall be provided with resettlement costs in full amount, as well as the compensation for the acquired property in the amount allowing compensation or replacement of the acquired property with new property.

Assistance in the compensation and resettlement process includes: Assistance during the census (inventory), Organisation of meetings to explain compensation entitlements and other rights, Assistance in the compensation payment process (making sure that the compensation

documents are well understood, as well as that vulnerable individuals will be able to cash in cheques, and similar), and

Assistance to secure the compensation money following the payment (e.g. bank account deposit) to prevent robbery or misuse.

Assistance in resettlement includes: Assistance in removal of personal belongings, Salvaging, transport and/or sale of materials in the old dwelling, Transportation of household occupants with medical assistance, if required, and Assistance in taking the possession of new tenement.

Above listed rules include also the obligation to support and assist, if required, after the resettlement process has been completed. Such support and assistance shall be provided through land preparation, provision of loans, corresponding trainings, and employment. Furthermore, this assistance implies: Counselling in matters such as family, health, money management and livelihood

restoration, Checking whether there are any solidarity and support networks vulnerable persons

relied on and whether they have been re-established or not, and if not, taking measures for their reestablishment for food, medical control and similar support, and

Pursuant to the needs, providing health and medical care at critical periods or enrolling vulnerable individuals into the health insurance scheme.

Obligation to assist in resettlement caused by real property acquisition is particularly emphasised by the above quoted World Bank Operational Policies. Thereby, special attention is paid to vulnerable population groups. In sense of the rules above, vulnerable population refers to population groups affected by the project, who by virtue of gender, ethnicity, age, physical or mental disability or social status may be more endangered by the Project-caused resettlement than other population groups, or may be limited in their ability to access and take advantage of the resettlement assistance. Vulnerable population groups, among others, include: socially endangered persons, persons in possession of no land, the elderly, women and children, native population, ethnic minorities, disabled persons, refugees and displaced persons, and

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other displaced persons whose right to compensation has not been anticipated, or protected by national legislation.

Assistance to vulnerable population groups, depending on a case-by-case screening to be carried out with the support of authorities and institutions, includes adequate compensation (in terms of other real property or cash compensation), provision of employment or self-employment possibility, and settlement of approximately same standards in terms of infrastructure, education opportunities, medical protection, social protection, and cultural facilities. Thereby, it is necessary to bear in mind the fact that the issues of ownership, definition, protection and transfer of this right in Bosnia and Herzegovina are regulated by the Constitution, and a set of numerous property regulations. The issue of a special status of certain (vulnerable) population group, and the assistance to it, are regulated by another set of status and social regulations. Thereby, it is important to indicate that the World Bank Operational Policies OP 4.12, and the internationally recognised standards, concurrently contain certain elements to pursue property rights (for example, ownership right – protection, compensation, and similar), as well as some other, or additional socio – economic rights of vulnerable population groups. Therefore, based on the scope of the protection subject, and providing societal, social and cultural elements, World Bank Operational Policies go substantially beyond the content of the protection of property rights in the immovable acquisition process. To provide protection and implementation of the right in certain cases, prior implementation of procedures for settlement of ownership issues, or determination of this right, would be required. Afore mentioned is facilitated by, for example, the procedure for legalisation of illegally constructed buildings, as well as the procedure for settlement of state owned land usurpations. Legalisation and usurpation settlement procedures above are regulated by current regulations and may result in determination of the ownership right of a property owner (user) providing the prescribed requirements have been fulfilled. It is advisable to use these possibilities, as well as the possibilities of a contractual settlement of issues related to property acquisition, as much as possible as it would enable protection of rights required by above quoted World Bank Operational Policies. In this case, settlement of compensation, resettlement and assistance issues within the Irrigation Development Project, through expropriation processes and in compliance with afore mentioned regulations, policies and standards, would require provision and consolidation of the property right, status and social components. The implementation of the consolidation process above requires precise statistical indicators, and possibly adjustment of current regulations (by possible amendments) and/or issue of special decisions (especially referring to resettlement and anticipated social component, as this segment is insufficiently or not regulated by the property regulations). Aimed at implementation of the afore mentioned activities, it would be necessary to provide inclusion of more entities authorised for status issues, social aid and protection (authorised Entity and Cantonal ministries, Municipal agencies, as well as Social Aid Centres), and pursue the transfer of certain obligations and responsibilities to them. Providing the above indicated circumstances, it shall be considered that, apart from the regulations that generally regulate property rights and pertaining procedures, there is the possibility of amicable settlement of expropriation and corresponding compensation issues, as well as adoption of special decisions to regulate certain issues or provide an additional right. The obligation for settlement of significant issues in such a way can be determined by a special Protocol and Contract with Entity governments, and the issues above shall be anticipated and included in the Resettlement Action Plan, with indication of special decisions and institutions/authorities responsible for their adoption (Entity or Cantonal governments, authorised Entity or Cantonal ministries, and similar).

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6.3 BIH REAL PROPERTY ACQUISITION/EXPROPRIATION/RESETTLEMENT POLICIES AND PROCESSES

6.3.1 Constitution guaranteed right to property

Right to property, including the right to real property, are generally protected by the international conventions, the Constitution and laws, and protection of the public property, apart from the right to life and the right to freedom, is one of main postulates of numerous international conventions that follow the afore mentioned principles protecting, among other things, the right to property . With this regard, it is very important to consider the fact that the relevant rights in Bosnia and Herzegovina have often remained unprotected, or were subject to the state's force acquisition from their titulars.

6.3.1.1 BiH Constitution

The Constitution of BiH protects afore mentioned rights by prescribing in Article II 2. that "Rights and freedoms anticipated in the European Convention for Protection of Human Rights and Fundamental Freedoms and in its protocols shall be directly applied in Bosnia and Herzegovina, and shall have the priority over all other laws”.

6.3.1.2 Constitution of the Federation of BiH

The Constitution of the Federation of Bosnia and Herzegovina prescribes in provisions II. A. Article 2 that ”the Federation will provide application of the highest level of internationally recognised rights and freedoms defined in the documents listed in the Annex to the Constitution”, based on which the anticipated instruments for protection of human rights enforced as constitution provisions include, among other, Universal Declaration of Human Rights and European Convention for Protection of Human Rights and Fundamental Freedom and supplemental protocols.

6.3.1.3 Constitution of the Republika Srpska

The Constitution of the Republika Srpska prescribes in Article 49 that «Freedoms and rights are accomplished, and obligations fulfilled directly and pursuant to the Constitution, except when the Constitution anticipates that requirements for the accomplishment of certain rights and freedoms are defined by law. The law can prescribe a method for accomplishment of certain freedoms and rights only if necessary for their accomplishment», and „in case of a discrepancy in the provisions on rights and freedoms between the Constitution of the Republika Srpska and the Constitution of Bosnia and Herzegovina, the provisions in higher favour of the individual shall be applied”.

6.3.1.4 Statute of Brčko District of Bosnia and Herzegovina

In terms of the protection of the property right, the Statute of Brčko District of Bosnia and Herzegovina follows the resolutions of the BiH Constitution, and prescribes in Article 1 Para 4 that the Constitution of Bosnia and Herzegovina, as well as current laws and decisions of BiH institutions, are directly applicable on the overall territory of Brčko District of BiH, and that the laws and decisions of all District authorities must be compliant to current laws and decisions of BiH institutions. BiH legal system is characterised, among other things, by the existence of numerous property regulations. It refers to special (Lex specialis) regulations, which regulate legal regime and relations on certain property forms such as different types of land (agricultural, forest,

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construction), and residential, business structures, apartments and similar. Relevant regulations anticipate a larger number of special procedures to decide on certain rights and issues related to different types of property. Some of more significant procedures above include: determination of the property status, property acquisition and allocation, determination and registration of ownership right, disposition, allocation and sale, definition of compensation, creation of property easements, determination of land borders, legalisation of illegally built structures, property return, and registration of rights into land registries.

6.3.2 Expropriation

Current Law on Expropriation of the Federation of BiH4 (hereinafter referred to as the FBiH Law), is in most parts harmonised with the provisions of the Expropriation Law of the Republika Srpska5 (hereinafter referred to as the RS Law), issued somewhat earlier and already partially amended, but still with significant differences in individual arrangement of the laws above. As prescribed by the laws concerned, expropriation means requisition or restriction of ownership rights over real property with certain compensation (Article 1). It defines expropriation as full (real property acquisition) or limited (restriction of ownership rights – for example by means of creating an easement). Legally defined compensations in case of expropriation are different, providing the RS Law defines the compensation as an equitable compensation that may be below the market value, while the FBiH Law determines the compensation exclusively based on the real property market value. Pursuant to the Laws, a real property can be expropriated for construction of business, residential, communal, medical, educational and cultural structures, civil defence structures and other structures of public interest, with exhaustive listing of specific cases (Clause 2). There is also a difference in this field, as the RS Law explicitly predicts the expropriation possibility both for residential and business construction needs (amendments to the Law), which is not applicable in the Federation. The expropriation target includes real property owned by individuals and legal entities (Clause 4), which is generally an important novelty when compared to former arrangements when expropriation included real property owned exclusively by citizens and civil entities (association of citizens, religious communities, religious institutions and endowments)6. Presence of the previously determined public interest is an expropriation assumption, while the construction of structures and execution of works must be in compliance with the planning documents (Article 5). Expropriation can be pursued for needs of the Republika Srpska and local self-government (these beneficiaries are further authorised to transfer the expropriated real property to investors for construction purposes), while pursuant to the FBiH Law, the expropriation can be pursued for needs of the Federation, Cantons, cities, municipalities, and public companies and institutions (Article 6). Through the process of expropriation, a real property becomes the ownership of the expropriation beneficiary, allowing also the creation of an easement over land and structure, as

4 FBiH Law on Expropriation („Official Gazette of FBiH, no. 70/07 and 36/10); 5 RS Law on Expropriation („Official Gazette of RS“, no. 112/06, 37/07 and 110/08); 6 This provision is in line with the modern approach to unimodality of the ownership right, as defined by the new Law on Property Rigths. (Law on Property Rights has been adopted in the Republika Srpska but not yet in the Federation of BiH);

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well as land lease, and anticipating the possibility of implementing preparatory works on the real property for expropriation purposes (Articles 7 – 9). Expropriation beneficiary is entitled to use the real property exclusively for the purpose the expropriation has been pursued for (Article 10.). Based on the owner’s request, the remainder of the real property can be expropriated as well, providing it has been determined that the owner holds no business interest in using it, or if previous livelihood was blocked or seriously deteriorated on the referred part of the property, or if its normal usage has been disabled (Article 11). The owner is entitled a compensation for the expropriated property in form of a replacement property, and if the expropriation beneficiary is unable to provide a replacement property, the compensation (equitable or based on market value) is defined in cash. If the owner lives in an expropriated residential structure or an apartment as a special part of the residential structure, the expropriation beneficiary is obliged to provide use another corresponding apartment prior to demolition. The same policies are applied also to expropriation of commercial premises in which the owner performed his business activities (Article 12).

6.3.3 Compensation for Expropriated Real Property

Statutory expropriation compensations differ as the RS Law defines compensation as an equitable compensation that cannot be below the market value, while the FBiH Law determines the compensation exclusively based on the property market value. Concerning the compensation for expropriated real property7, it is prescribed that upon determination of compensations for agricultural and construction land, it is necessary to evaluate the benefit a land can offer through its regular usage, the benefit the owner achieved from the land in the past, especially taking the account of the market price, with the definition of compensation for expropriated orchard land, compensation for fruit trees and vines, forest land, wood mass, young plants, older trees, wastelands and rocky lands, and civil structures. Personal and family circumstances of a former owner are taken into account as a corrective to increase the compensation if essentially important for his existence8. The Laws define also the compensation rules concerning expropriation of a residential structure or an apartment as a special part of the structure. The amount of the compensation in the proceedings before the administrative authority is determined in accordance with the circumstances at the time of signing the compensation contract, and in court procedure at the time of signing settlement, or at the time of issuing the first-instance decision on compensation. The compensation, in principle, is provided by replacement, full or limited, with another corresponding property, and if not feasible, in cash, leaving the parties the possibility of amicable agreement on another form of compensation as well.

7 It can be observed that equitable compensations, defined by the RS Law, unlike the compensation which in the Federation Law is determined exclusively in accordance with the market value, leaves the possibility of determining a full compensation. It means the compensation as a value expressed in cash and achievable on the market for certain property, but also the possibility of increasing the market value in justified cases in relation to the specific values – for example «affection value» of certain property.

8 The Federation Law also predicts personal and family circumstances as a corrective to increase the compensation, and refers to other compensation determination criteria. However, such provisions seem irrelevant providing the compensation is determined exclusively in accordance with the market value of the property subject to expropriation.

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Pursuant to the FBiH Law, particularly important for the Irrigation Development Project is that the constructor is not entitled any compensation for illegally constructed structures, and can therewith demolish the construction and remove its material. The RS Law has a different approach to illegally constructed structures, whereby the constructor is entitled compensation in the amount of implemented investments, provided the requirements for legalisation of the construction were fulfilled during the time of construction. Therefore, there is an apparent discrepancy between these provisions and the World Bank Operational Policies, requiring protection of user rights, regardless of legal justification of their property grounds (including illegal constructors as well). It is also anticipated that a former owner is entitled compensation for lost gaining. In case of a lease set-up, the compensation is determined in the amount of the rent market value, as a one-time payment or as periodical payments starting from the day of taking the possession of the land. The compensation for temporary occupation of the land is regulated alike. In case of an easement set-up, the compensation is determined in the amount of the reduction of a real property market value caused by the easement set-up, as well as for the damage occurred on the referred real property (Articles 45 – 59 of the FBiH Law, or Articles 53 – 67 of the RS Law). It can be concluded that, although differently formulated and posed in the quoted laws, the provisions prescribing equitable compensation, benefits from land, personal and family circumstances of a former owner, compensation in the amount of paid investments, damages, and compensation for the lost gaining provide, in principle, accomplishment of the protections standards prescribed by the World Bank Operational Policies.

6.3.4 Property Easements

Issues related to property easements as property rights are regulated by Articles 55 – 65 of the FBiH Law on Property Relations or Articles 186 – 263 of the RS Law on Property Rights. In sense of the laws above, property easement is the right of the owner of a real property (dominant estate) to perform for needs of that property certain actions on the real property of a different owner (servient estate) or to request from the owner of the servient estate to refrain from execution of certain activities that he is usually entitled to execute on his real property. Normally, property easement can be created on the definite time basis or for certain season. Provisions above recognise and prescribe usucaption (acquisitive prescription) as the possibility of acquiring easement, thus the property easement is achieved based on adverse possession when the owner of the dominant estate has actually pursued easement during the period of twenty years, and the owner of the servient estate never objected to it. The attention herein is drawn to the fact that the property easement cannot be entitled based on usucaption if it was pursued with misuse of trust of the servient estate owner or occupant, by means of force, fraud or if easement is consigned until revocation. Usucaption is normally a method of acquiring entitlement by force of law (ex lege), provided the entitlement shall be define by court decision, whereby such court decision is not of constitutive but a declarative character (it declaratively states the existence of certain entitlement). Pursuant to the law, property easement is terminated: if the owner of the servient estate objects to it, and the owner of the dominant estate has not pursued his right for three years consecutively, if the easement is not pursued during the period required for its acquisition by usucaption, if the same person becomes the owner of both servient and dominant estate, and if dominant or servient estate are destructed. If the dominant estate is divided, property easement remains in favour of all its parts.

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Property easement may be constituted also in the process of limited expropriation under the responsibility of an administration authority, or a municipal department for property affairs, in accordance with the Expropriation Law. Pursuant to the Law on Property Relations, the protection of this property right is provided through actions («Actio confessoria»), thus the dominant estate owner is entitled to pursue appeal action to determine the existence of a property easement against the servient estate owner, and if the third person of the dominant estate owner unlawfully obstructs or blocks the pursue of the property easement, the owner of the dominant estate is entitled to pursue appeal action to request termination of the obstruction or blocking. The owner of the servient estate is entitled to require termination of the property easement once it becomes unnecessary for usage of the dominant estate, as well as upon termination of the cause of its creation. Property easement is terminated if the owner of the servient estate objects to its pursue, and the owner of the dominant estate has not pursued his right for three years consecutively, if the easement is not pursued during the period required for its acquisition by usucaption, if the same person becomes the owner of both servient and dominant estate, and if dominant or servient estate are destructed. If the dominant estate is divided, property easement remains in favour of all its parts. The dominant estate owner is entitled to require termination of the property easement entitled to owner of a part of the divided dominant estate, provided it is not used for needs of that part, and if the servient estate has been divided, the property easement remains only on parts of its pursue. As indicated above, property easements can be created by court decision, legal affair between the parties and administrative authority decision when it comes to construction land. The decisions or legal affair concluded in written between the owners of dominant and servient estate above represent documents suitable for registration of easement rights into the land registries in compliance with the Law on Land Registries, or the RS Law on Cadastre9,10.

6.3.5 Compensation for Easement

Pursuant to the laws above, property easement is created by legal affair, competent authority decision and usucaption. If the property easement is created by a legal affair, the parties – owners of dominant and servient estates shall settle issues related to the easement to be created by amicable agreement, thus including the compensation issue as well. In case of the other two ways of easement creation, the will of the parties is not crucial, provided the easement is created based on the competent authority decision following the authority’s affirmation of the fulfilment of requirements prescribed for it, or pursuant to and by force of law upon expiration of the statutory deadline of twenty years during which the easement has been actually exercised and the servient estate owner did not object to it. In any case, pursuant to the law and based on the request of the servient estate owner, the competent authority is obliged to determine the compensation the dominant estate owner owes to the servient estate owner. Also, the servient estate owner cannot refuse the creation of easement provided the existence of statutory requirements, and concerning the creation of easement, the servient estate owner is entitled compensation.

9 RS Law on Cadastre (“Official Gazette of the Republika Srpska“, no. 60/11). 10 FBiH Law on Land Registries (“Official Gazette of the Federation of BiH“, no. 19/03 and 54/04). RS Law on Land Registries (“Official Gazette of the Republika Srpska“, no. 67/03, 46/04, 109/05 and 119/08).

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6.3.6 Expropriation Process

The laws prescribe public interests defining procedure, competent authorities11, and legal assumption that in case there is a regulation plan, preliminary design or town-planning scheme with land subdivision, there is also a public interest, as well as the procedure related to the expropriation preparatory works (Articles 14 – 20 of the Federation Law, or Articles 14 – 22 of the RS Law). The process is carried out by the department for property affairs, on the proposal of the expropriation beneficiary with precise indication of the beneficiary, real property and its owner, structure, or works due to which the expropriation is proposed, decision on construction of an investment structure, corresponding document as a proof that the expropriation beneficiary is in possession of funds for compensation secured and allocated on a separate bank account, and evidence of the affirmed public interest. Special accent is put on the prescribed requirement based on which the expropriation proposer, in addition to the proposal, must submit an evidence of his prior attempt to settle the property acquisition issue for the related real estate by amicable agreement. If there is a discrepancy between the land registry and the actual situation of the real property, the first instance administrative authority is authorised to resolve the property issue as a preliminary issue, thus representing a significant opportunity for the Project, or provision of the protection standards in sense of the World Bank Operational Policies. The decision on expropriation is issued in accordance with the Law on Administrative Procedure12, and the appeal to it can be submitted to Entity Authorities for Geodetic and Property Affairs (Articles 21 – 30 of the Federation Law, or Articles 23 – 31 of the RS Law).

6.3.7 Taking Possession of Expropriated Real Property

Entitlement to an expropriated real property is acquired on the date of enforcement of the expropriation decision, with a new requirement anticipated by the laws – that the beneficiary had already paid the compensation to the former owner by then, or handed over the possession of a corresponding real property. Otherwise, this entitlement is acquired on the date of the compensation payment, or hand over of the possession of another real property. Exceptionally, based on the request of the expropriation beneficiary, the Government can decide to hand over the real property prior to the enforcement, or the decision finality if required for emergency reasons or elimination of a substantial damage. This option is excluded in case of a residential or a commercial structure, for which the expropriation beneficiary has not provided another corresponding real property. The difference between the Entity laws appears in terms of the possibilities to conduct an administrative dispute against the referred government decision. Federation Law explicitly proscribes the possibility of carrying out an administrative dispute against this decision, while the RS Law leaves the possibility to carry out the administrative dispute. If the expropriation beneficiary has taken the possession of the real property prior to the decision enforcement, provided the expropriation proposal is rejected, he is obliged to compensate the owner the damage caused thereby (Articles 31 and 32 of the Federation Law, or Articles 33 and 34 of the RS Law). Abandonment of the Expropriation Proposal and Cancellation of the Final Expropriation Decision (Deexpropriation)

11 Government of the Republika Srpska, Government of the Federation of BiH, Cantonal Government or Municipal Council. 12 FBiH Law on Administrative Procedure (“Official Gazette of the FBiH”, no. 2/98 and 48/99); RS Law on General Adminsitrative Procedure („Official Gazette of the RS“, no. 13/02);

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Expropriation beneficiary is entitled to fully or partially abandon the expropriation proposal before the issue of the final expropriation decision, provided no violation of the owner's rights. Final decision will be cancelled or amended if jointly required by the expropriation beneficiary and the former owner, and based on the former owner's request if the beneficiary, within three years from the final decision issue, implemented no significant works on the structure depending on its nature (in this case, both full and limited expropriation are possible). If the expropriated real property was co-owned, deexpropriation requires provision of the request of the major co-owner, possible to be submitted upon expiration of the time limit of three years from the entry into force of the decision, and until the implementation of significant works by the expropriation beneficiary. The authority responsible for the expropriation proposal decides on this request, and in case of a dispute over the property rights between the expropriation beneficiary and the former owner, it shall be resolved by the competent court. The difference in this part appears only in relation to the RS Law provision that the above indicated time limit of three years shall not include the period during natural disasters, not anticipated by the FBiH Law (Articles 33 – 35 of the Federation Law, or Articles 35 – 37 of the RS Law).

6.3.8 Expropriation Process Costs

The costs of the expropriation process are borne by the beneficiary. The process is defined as urgent, and it is additionally accentuated in the Federation Law that the expropriation process for construction of traffic infrastructure has the priority over other expropriation processes (probably considering plans and demands for construction of motorways and other roads) (Articles 37 and 38 of the Federation Law, or Articles 39 and 40 of the RS Law).

6.3.9 Process for Determining Compensation for Expropriated Real Property

Compensation determining process is carried out by the department for property affairs after the issue of the final expropriation decision, aimed at achieving agreement between the beneficiary and the former owner. The agreement is concluded upon signing by both parties, and as such it has the power of an executive decision that, in case of non-monetary obligations, is executed by the afore mentioned authority responsible for the property affairs. If the agreement is not reached within two months from the issue of the final expropriation decision, the department for property affairs is obliged to submit all relevant documents to the competent court to, ex officio, decide on the amount of the compensation through a non-contentious procedure. The costs of the process for determining compensation by amicable agreement are borne by the expropriation beneficiary, while the court defines the costs of the court procedure in proportion to success of the parties (Articles 60 – 66 of the Federation Law, or Articles 68 – 71 of the RS Law).

6.3.10 Right to Build

As the right to build enables usage of a real property owned by another individual, it may bear certain importance for the Irrigation Development Project. Provided it refers to a new institute of property right, currently applied in the Republika Srpska only, a slightly detail review is given below. The right to build is the traditional institute of the property right, with its origin in the Roman law (superficies), and is regulated by the Law on Property Rights. The referred law is based on the authorisation to build a structure on someone else's land or beneath it, as well as

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on the obligation of the land owner to tolerate it. It can be observed that this property right provides significant opportunities for compensation of certain implied rights on a construction land that existed or still exist, which is the case for the Federation of BiH. The land can be encumbered in a way that the encumberment beneficiary is entitled to own a structure on or beneath the land, whereby the entitlement can be alienated or inherited. The individual in whose favour the encumberment is pursued acquires certain rights both on the structure and on the land; right to build can be constituted on the already existing structure. The holder of the relevant right can build on or beneath the surface of someone else's land a permanent or physically attached structure and acquire the right to own it. The individual above acquires rights and obligations of a usufructuary on the land owned by another individual. It arises from the agreement and registration in the land registries. The parties agree to create, or acquire, the right to build. A notary processing is required for the validity of the agreement above, in compliance with the Article 73 Para 1 Item 4 of the FBiH Notary Law , or Article 68 of the RS Notary Law . Unless otherwise regulated by the agreement, the right to build is a permanent right. The duration of the right to build can be limited to a definite period of time, with the obligation to respect the legal nature of this institute and its long-term intentions. Apart from the duration restrictions, the agreement may contain a clause pursuant to which the owner of the land becomes also the owner of the structure (return to the owner) upon expiration of the agreed period of time. However, even if not containing such clause, the owner of the land becomes the owner of the structure upon expiration of the right to build. In that case, the land owner can agree to a lower rent or perhaps renounce it. The meaning of the right to build is the allow the real property owner to use the benefits of a land on a long-term basis, thereby without losing the ownership over the property, and concurrently allow another individual, not in possession of resources to purchase a real property, to build certain structure. The right to build terminates upon deletion from the land registry. The basis for the deletion can be the expiration of the agreed period of time or occurrence of other circumstances regulated by the agreement and may result in the deletion of the right to build, such as for example destruction and renouncement by holder of the right to build. The right to build grants its holder the possibility to use the land in accordance with his needs. Thus his right to usage cannot be restricted in a way of disabling management over a construction or secondary structures. The right to build refers neither to the land beneath the structure or installations nor the surface required for regular usage of the relevant structure. A structure or an installation constructed pursuant to the right to build are the constituent part of such right (ownership over a structure, or ownership over an installation), and separate it from the land. A structure or an installation as a constituent part of the right to build shares its fate. By transfer of the right to build, the acquirer acquires also the ownership over the structure (already existing or newly built). The holder of the right to build is the owner of the structure, and is allowed to encumber the structure and dispose of it as every other owner in accordance with the regulations and possibilities pursuant to the construction agreement. As only a whole plot and not part of it is subject to encumberment, material validity of the agreement targeted at encumberment of the right to build requires precise definition of the agreement subject, to enable registration into the land registry.

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The right to build is an encumbrance to the land it is created for, and is recorded as such in the encumbrance sheet of the encumbered land. Concurrently, a separate land registry file is created ex officio for the structure or the right to build, whereby the holder of the right and all encumbrances related to the right to build are being recorded.

6.4 PROPERTY REGULATIONS RELEVANT TO THE PROJECT

6.4.1 Expropriation Laws of the Federation of BiH and the Republika Srpska

A review of the most important issues related to the subject and process of expropriation, as well as settlement of compensations in case of a property acquisition, is already given above, thus the reference is made to expropriation and, as observed in this section, the content of the Expropriation Law of the District of Brčko13 in principle corresponds to the decisions of the quoted Entity laws.

6.4.2 Law on Property Relations and Law on Property Rights

FBiH Law on Property Relations or the RS Law on Property Rights are applicable laws that regulate the issues relevant to acquisition, termination and protection of the right to ownership as well as other property rights. The FBiH Law on Property Relations regulates the requirements and the method of acquisition, usage, protection and termination of the right to property ownership (movable and immovable), property easements, lien, possession and right of foreigners to properties on the territory of the Federation of Bosnia and Herzegovina (Article 1). Normally, this Law has in principle remained based on old resolutions that, in terms of property rights, are prescribed by the former SFRY Law on Property Relations14, applied in the Republika Srpska until the enactment of the new RS Law on Property Rights. The Law on Property Rights, whose enactment is still ongoing in the FBiH, represents certain form of codification of the property right regulation15, and it creates modern civil law regime, typical for continental European civil law system, or creates appropriate legislative resolutions for the transition from the current system of property rights, governed by numerous regulations related to property rights, to a new system of property rights governed by that single law. New legal system and the defined framework for property rights are based on the fundamental principles defined by the quoted Laws on Property Rights, such as the principle of the unity of property, unimodality of ownership, equal position of the state, or of public legal entities with other owners, and the principle of obligatory ownership. The Law on Ownership and Other Property Rights of the District of Brčko16 largely follows the resolutions and the contents of the RS Law on Property Rights, with certain specificities integrated into the law. It can be concluded that there are no differences between these laws in

13 Expropriation Law of the BiH District of Brčko („Official Gazette of the BiH District of Brčko“ no. 26/04, 19/07, 2/08, 19/10 and 15/11). 14

SFRY Law on Property Relations ("Official Gazette of the SFRY" no. 60/80 and 36/90). 15 It uniquely regulates issues related to property rights, and abolishes special regulations that governed property rights over certain forms of property. 16 Law on Ownership and Other Property Rights of the District of Brčko16 („Official Gazette of the BiH District of Brčko“ no. 11/01, 8/03, 40/04 and 19/07).

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part particularly relevant to the Irrigation Development Project (for example the right to easement).

6.4.3 Water Laws

RS Law on Waters17 and FBiH Law on Waters18 regulate water management, use and protection of waters, funding and administration authorities, public agencies and institutions within the water sector. RS Water Law provisions that regulate the issues related to a melioration system are significant for the Irrigation Development Project. Pursuant to the provision above, local self-government established a public company for management of melioration systems and facilities for the territory of one or more cadastral municipalities, with the possibility of establishing other special legal entities (cooperatives, associations and similar) for the purpose of construction or use of the melioration system for irrigation or drainage in the interest of more owners or land beneficiaries, in compliance with special laws. Legal entities above may be entitled to water use (concessions, water permit), and are obliged to provide funds for the operation and maintenance of a melioration system (Article 55). Important are also the provisions of the FBiH Water Law related to easements, subject to the Law on Property Relations, as well as provisions related to construction and expropriation. The law above regulates also the right of way in sense that the owner, or land beneficiary, is obliged to allow a right of way to individuals authorised to research, survey, record or mark a water good or waters, as well as to individuals in charge of implementing construction, reconstruction works or maintenance of water structures or facilities (protection structures, drainage structures, water usage facilities, and structures for protection of waters against pollution). In case the owner, or land beneficiary does not allow the right of way, administrative municipal authority for property affairs issues the decision on temporary land use latest within eight days from the request submission date, provided the appeal to the decision does not delay its execution. Furthermore, the law regulates the issues of temporary use of land for water protection purposes in sense that the owner, or land beneficiary, is obliged to allow temporary use of land on the threatened area for implementation of protection measures and activities to reduce or prevent adverse effects of water to people and material goods, as well as to implement active flood protection measures. In cases above, the contractor, in implementation of appropriate measures and activities, is obliged to minimise the impact on the land conditions, and upon termination of the risk of adverse water effect eliminate the damage occurred. In case the owner, or land beneficiary, fails to allow temporary use of land, administrative municipal authority for property affairs issues the decision on temporary land use latest within eight days from the request submission date, provided the appeal to the decision does not delay its execution (Articles 140 - 144).

6.4.4 FBiH and RS Laws on Non-Contentious Proceedings

In case of the failure to conclude the agreement on compensation for the expropriated property before the administrative authority within two months from the issue of the final expropriation decisions, the authority is obliged to submit the concerned decision with all documents to the

17 RS Water Law ("Official Gazette of RS"), no. 50/ 06). 18 FBiH Water Law ("Official Gazette of FBiH", no. 70/06).

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competent court, which, ex officio, shall decide on the amount of compensation through non-contentious proceedings in accordance with the Law on Non-Contentious Proceedings19.

Proceedings for determination of the compensation for expropriated real property are carried out by the court ex officio and must be completed in the shortest possible period and latest within 30 days from the date of initiating the proceedings before the court. The court thereby defines the hearing for the parties to express their attitudes in the form and scope, or amount, of the compensation, as well as on the property value evidence.

The costs of the procedure above are borne by the expropriation beneficiary, except the costs caused by unjustified actions of the previous owner.

If the parties conclude the agreement to determine the compensation for the expropriated building or an apartment in form of a replacement building or apartment, the deadline for execution of mutual obligations is defined by amicable agreement. In case of the failure to define the deadline above, the court shall decide on the deadline for eviction from the expropriated building, or apartment as a separate part of the building, in compliance with the Expropriation Law. These provisions are applicable to an agrarian whereby the compensation for expropriated agricultural land is determined in form of a replacement property by amicable agreement with the expropriation beneficiary or per his request.

Following the proceedings and identification of major facts, the court issues the decision to define the form and the scope, or amount of the compensation for expropriated real property. If the parties conclude the agreement on form and scope, or amount of the compensation, the court bases its decision on such agreement, provided it determines that the agreement is not in opposition to the regulations governing the property relations on real estates.

6.4.5 FBiH Law on Usurpations

FBiH Law on Usurpations20 defines the process for settlement of property relations resulting from usurpation of a society/state owned land. The basis of the process is to define major facts in terms of land registry (registration), fulfilment of the prescribed requirements related to the usurped land, time of usurpation (whether the usurpation occurred before April 6, 1941 or was put into the possession of the usurpation applicant after the date above pursuant to certain legal basis, contract and similar) and usurper. Requirements for recognition of ownership rights in accordance with the Law on Usurpations, among other things, is that the usurpation occurred before April 6, 1941 by the usurper (Article 3, Para 1), that the usurper is an individual, a family or a family cooperative (Article 4, Para 1 and 2), that the concerned land, following the drawn line pursuant to the decision of the Municipal Assembly/Council, is located within the agricultural complex (Article 17). Pursuant to Article 4 Para 3 of the quoted law, the usurper is the individual, family or family cooperative into whose possession the land was transferred before April 6, 1941, and if the usurped land was transferred into the possession of another individual after the date above, the other individual, family or family cooperative shall be considered an usurper only if the transfer occurred pursuant to certain legal basis. Pursuant to Article 22 of the Law, the responsibility of the competent municipal authority is to obtain land-registry and cadastral data on the usurped land, data on private land owned by the usurper and economic situation of his household, as well as to hold verbal on the spot discussion inviting the

19 FBiH Law on Non-Contentious Proceedings (“Official Gazette of the Federation of BiH”, no. 2/98 and 39/04); RS Law on Non-Contentious Proceedings (“Official Gazette of the RS ”, no. 74/05 and 36/09); Law on Non-Contentious Proceedings of the District of Brčko19 (“Official Gazette of the BiH District of Brčko“ no. 5/01); 20 Law on Usurpations (“Official Gazette of the SR BiH”, no. 6/78) is still in use as the FBiH regulation, in accordance with Article IX 5 (1) of the BiH Constitution.

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parties to it. Article 6 of the quoted law explicitly prescribes cases when the ownership right for the land usurped before April 6, 1941 is not recognised if it refers to a forest land, enclave, semi-enclave obstructing regular forest management, if the land obstructs communications, in case of the excessive land and similar. This Law has been abolished in the Republika Srpska by the Law on Property Rights, and in the District of Brčko by the Law on Ownership and Other Property Rights. Thereby, the issue of usucaption in the Republika Srpska and the District of Brčko is now uniquely regulated, regardless of the form of property ownership (regardless whether the owner is the state or another individual or legal entity). The importance of this Law for the Irrigation Development Project is observed in the fact that it enables determination of land ownership rights under the prescribed requirements in favour of individuals in possession and use of the land (cultivation). It gives the possibility of a preceding process to determine and register the ownership right into public property and property right registries, placing the former beneficiary into the position that requires protection, in terms of the World Bank Operational Policies.

6.4.6 Agricultural Land Law

Nowadays, the status and rights to agricultural land in Bosnia and Herzegovina are regulated by several Entity and Brčko District laws21.

In the Federation of BiH, pursuant to the Law on Agricultural Land, state-owned agricultural land is in the property business, but cannot be sold but only given as lease, concession and replacement, exclusively for establishment of primary agricultural production. State-owned agricultural land, except the land to be returned to former owners pursuant to a special law, or land subject to restitution, is disposed of by the Federation in accordance with general regulations on property disposal. Business with agricultural land under state ownership is allowed only for execution of agricultural activities, except in statutory cases, thus the agricultural state-owned land can be for sale only in exceptional cases when the FBiH Parliament identifies public interest for the state-owned land sale (Articles 98 – 100). Pursuant to the quoted Law, the holders of the ownership right for agricultural land cannot be foreign individuals and legal entities, unless otherwise defined by the international state agreement. Thus, foreign citizens cannot acquire the ownership of an agricultural land by business affair but by inheritance. The Law prescribes the right to pre-emption as well, thus an individual or a legal entity with the intention to sell agricultural land of the prudential category 1 to 4 must submit an offer to the municipal authority whose territory the agricultural land is located on (Article 102) prior to selling it to the third person.

Pursuant to transition and final provisions of the quoted Law, socio-legal and legal entities using the agricultural land on the date of the entry into force of the Law shall continue to use it until transformed to commercial companies with a known owner. Legal entities, in possession of the right to use state-owned agricultural land on the date of the entry into force of the Law, lose the concerned right upon expiration of the agreed time limit for land usage and on the date of issuing the decision on land lease, or on the date of the land alienation. Legal entities created by transformation of socio-legal entities are obliged to inform the Federal Ministry of Agriculture, Water Management and Forestry accordingly within 30 days from the transformation date, for

21 FBiH Law on Agricultural Land (“Official Gazette of the FBiH“, no. 52/09). RS Law on Agricultural Land (“Official Gazette of the RS“, no. 93/06, 86/07 and 14/10); Law on Agricultural Land of the BiH District of Brčko („Official Gazette of the BiH District of Brčko“, no. 32/04, 20/06 and 19/07).

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regulation of relations concerning further use of the agricultural land, provided use of the agricultural land shall otherwise be considered illegal (Article 146.).

Disposal of the agricultural land owned by the Republika Srpska, except the land to be returned to former owners based on the special law, is the same or similar and pursuant to special regulations on disposal of real property, unless otherwise defined by the Law on Agricultural Land. Ministry of Agriculture, Water Management and Forestry, in cooperation with the local self-government authorities, adopts the programme for use of agricultural land owned by the RS. Agricultural land owned by the RS can be made available to legal entities and individuals in form of lease, agricultural land business or concession to legal entities, exclusively for establishment of primary agricultural production (Articles 53 – 55). Afore mentioned agricultural land is sold only in exceptional cases to individuals and legal entities with registered agricultural business or residence on the territory of Bosnia and Herzegovina, if there is an interest for the RS, through a public announcement and pursuant to the Law on Property Business, and can be replaced for agricultural land owned by individuals and legal entities in case of the agricultural land enlargement for rational use of it, or grant the concession for use of the land to local and foreign legal entity for the period of 30 years, for the purpose of plant and cattle-breeding production and for perennial plants (Articles 68, 70 and 71).

Pursuant to Article 205 Para 3 of the Law on Ownership and Other Property Rights of the BiH District of Brčko, upon the Law enforcement, the District has become, among other things, the owner of agricultural and forest land owned by the society/state, while the registration of the property rights over real properties owned by the District of Brčko is regulated by Articles 1 – 4 of the Law on Registration of Real Property Rights Owned by the District of Brčko22, thus the Municipal Court of the District of Brčko is obliged ex officio to pursue registration of the ownership rights and other property rights in favour of the District for all real properties, registered in the land registries of the concerned court, as common public property, social ownership, state ownership, ownership of the land registry fund for agrarian reform and colonisation, ownership of socio-political organisations, local communities and other society or state owned legal entities or any other form of ownership except private. Registrations of the rights to management, use and disposal of the real property above, regardless of the type and form of organisation of their titulars, are also deleted ex officio. Thereby, Article 266 Para 1 of the Law on Land Registry of the BiH District of Brčko23 prescribes closing of registries containing registration of rights to usage and management, and registration of ownership right in favour of their titulars ex officio.

6.4.7 Regulations for Legalisation of Illegal Constructions

The facts of elementary importance include facts that a legal construction requires provision of the location permit, construction approval and use permit in accordance with the Planning Law, to pursue registration of the pertaining structure into the land registry thereafter in compliance with the Land/Real Property Surveying and Registry Law and registration into the land registry in compliance with the Land Registry Law. However, in field of physical planning, organising and construction, to enable rational space use, the construction in accordance with the planning documentation, and fulfilment and harmonisation of individual population demands on one side and wider demands of a social community on the other side, specific and widespread problems are observed in Bosnia and Herzegovina in urban areas, areas to be urbanised and areas not planned for construction. It is the phenomenon of an illegal construction, nonexistent and very

22 Law on Registration of Property Rights on Real Property Owned by the BiH District of Brčko22 („Official Gazette of the BiH District of Brčko“, no. 26/04). 23 Land Registry Law of the BiH District of Brčko („Official Gazette of the BiH District of Brčko“, no. 11/01, 01/03, 14/03, 19/07 and 02/08).

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difficult to apprehend by the west. Some of the reasons of illegal construction include: legal system non-functioning, difficult economic situation of a large number of population (frequent construction of structures without adequate location-technical and construction documentation, required permits and licences due to excessive funds required for payment of different fees to obtain them)24, as well as construction of numerous settlements during and after the war without required documentation.

In the Federation of BiH, enactment of regulations on legalisation of structures built without the construction permit and legalisation of temporary structures is under the authority of the Cantons. Depending on the concerned area, legalisation is regulated by the Planning Law, Construction Law or corresponding legalisation decisions25.

In the Republika Srpska, legalisation is regulated by Entity regulations (Regulation on Legalisation of Illegally Built Structures).

The regulations above regulate the process, requirements and the method of legalisation of illegally built structures and illegal works, as well as settlement of the legal status of temporary structures.

Legalisation implies enactment of decisions on subsequent location permit, construction permit and use permit in accordance with the Planning Law, but for cases when the constructed occurred on the state-owned construction land. Concerned regulations are mostly enacted periodically and usually for the period of one year from the date of entry into force, with the already routine practice of prolonging their time limit or issuing new regulations.

In the District of Brčko, legalisation process and requirements are normally regulated by the special Legalisation Law of the District of Brčko26.

Concerning the regulations above, it can be concluded that they are important for the Irrigation Development Project, provided they enable determination of ownership rights for structures, under the prescribed conditions in favour of owners or beneficiaries, as well as registration into the cadastre and land registry also offering the possibility of being provided the required protection in sense of the World Bank Operational Policies.

6.4.8 FBiH and RS Law on Construction Land

Entity Laws on Construction Land from 200327, enabled private ownership of this land for the first time. Unlike former statutory resolutions based on which the construction land became exclusively state/society owned upon its determination, following which the ownership character could not be modified by any legal possibilities, private ownership of the construction land is also allowed today. The construction land, upon the act of its determination, does not become state owned until a part of the land under state ownership is reprivatised. It is observed 24 Based on certain assessments, it is necessary to allocate between 1/3 and 1/2 of the total price of specific structure to cover these fees. 25 For example, for the territory of the Zenica-Doboj Canton, legalisation process and requirements are regulated by the Construction Law of the Zenica-Doboj Canton („Official Gazette of the Zenica-Doboj Canton“, no. 1/05 and 2/08) and Physical Planning Law of the Zenica-Doboj Canton („Official Gazette of the Zenica-Doboj Canton“, no. 2/04), while for the territory of the Sarajevo Canton, legalisation is regulated by the Decision on Legalisation of Structures Built without Construction Permit and Temporary Structures ("Official Gazette of the Canton Sarajevo", no. 6/06, 18/07 and 18/08). 26 Legalisation Law of the BiH District of Brčko („Official Gazette of the BiH District of Brčko“ no. 21/03, 3/04, 29/04 and 19/07). 27 FBiH Construction Land Law („Official Gazette of the Federation of BiH“ no. 25/03, 16/04 and 67/05). RS Construction Land Law (“Official Gazette of the RS”, no. 41/03 and 86/03).

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as the fact that the laws above do not provide full denationalisation of urban construction land, provided the ownership of the constructed construction land is restricted to the land beneath the structure and the land used for regular usage of the structure, and the establishment of the former property relation is possible only for the land defined as construction land by municipal decisions. Considering the interests of the Irrigation Development Project, the attention is drawn to the fact that the FBiH Law on Construction Land still contains provisions that, for the benefit of the illegal constructor on the construction land, prescribe determination of the ownership right for the land, provided the requirements for detention or legalisation of the structure have been met. The decision on determination of the ownership right is thereby issued by the Municipal Council, which is in line with the requirements of the World Bank Operational Policies.

Afore mentioned entity laws were normally the first step in transformation of the right of use and disposal into the ownership right for construction land, and the RS Law from 200628 made the next step and reprivatised and nationalised the construction land, as well as the land proclaimed construction land by special laws. The process was finally concluded by the RS Law on Property Rights, whose transition and final provisions anticipate definitive transformation of the right of disposal and right to use the construction land into the ownership right, and the provisions of the Law on Construction Land regulating property rights are thereby abolished.

6.4.9 Forest Laws of the Federation of BiH, Republika Srpska and Brčko District

There are many regulations on forests in Bosnia and Herzegovina, adopted on the level of Entities, Brčko District and even Cantons within the Federation of BiH29 to regulate the issues related to the status, ownership, usage, disposal and acquisition, as well as protection of this natural resource.

6.5 INSTITUTIONAL FRAMEWORK RELATED TO THE PROJECT

Institutional framework is the system of state institutions, authorities and organisations which, in accordance with the law and other regulations, are given certain authorities, or obligations to undertake appropriate measures, and implement activities and specific procedures for deciding on issues relevant to the Irrigation Development Project. First of all, significant role in this regard belongs to the FBiH Government, RS Government, Cantonal Governments, Brčko District Government, and Entity and Cantonal Ministries for Agriculture, Forestry and Water Management, or the Department for Agriculture, Forestry and Water Management of the District of Brčko. Jurisdiction for the expropriation process and settlement of compensations for expropriated property belongs to the municipal offices for property affairs. The departments for geodetic and property affairs in the FBiH or RS government are the second-instance authorities responsible for deciding on appeals to the decisions adopted by the municipal offices for property affairs. The assessment of the legality of decisions adopted by the second-instance authorities can be pursued through an administrative dispute, after the appeal submission, and the competence thereby is given to the Cantonal courts in the Federation of BiH, District courts in the Republika Srpska, or Appellate Court of the District of Brčko.

28 RS Construction Land Law (“Official Gazette of the RS”, no. 112/06). 29 FBiH Forests Regulation („Official Gazette of the Federation of BiH“, no. 83/09); RS Law on Forests (“Official Gazette of RS”, no. 75/08); Law on Forests of the BiH District of Brčko („Official Gazette of the BiH Brčko District“ no. 14/10); Law on Forests of Sarajevo Canton (“Official Gazette of Sarajevo Canton“, no. 4/99).

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The parties are entitled to resolve the expropriated property compensation issue by amicable agreement before the municipal office for property affairs, or otherwise the amount of the compensation shall be determined by the municipal courts. Appeals to the decisions of these courts can be submitted to the cantonal courts in the Federation of BiH, or district courts in the Republika Srpska. Second-instance court decisions can be examined based on audit requests, whereby the competence for decision making is given to supreme entity courts. The competence policies indicated above are mostly applicable to the District of Brčko, whereby the Municipal and the Appellate Court of the District of Brčko have been legally established. Apart from the afore mentioned Entity, Cantonal institutions and Brčko District authorities, providing specific requirements of the World Bank Operational Policies 4.12, Entity and Cantonal Ministries of Social Aid, the Department of Brčko District, and Municipal Social Aid Offices and Centres emerge as competent for their settlement. The competence for settlement in the process of legalisation of illegally constructed structures is given to Municipal Planning Departments, the Department for Planning and Property Affairs of the District of Brčko, and Entity and Cantonal Ministries for Physical Planning, or Urbanism. Major competences belong also to the Agency for the Sava River Basin District in Sarajevo, the Agency for the Adriatic Sea Basin District in Mostar (Federation of BiH), to the Water Agency for Sava River District from Bijeljina and the Water Agency for Trebišnjica River District (Republika Srpska), as well as to the Water Agency for the District of Brčko. Concerning forests, apart from Entity and Cantonal Ministries for Agriculture, Forestry and Water Management, major authorisations for management and usage are statutorily allocated to the Entity and Cantonal Forestry Departments. The most important for the implementation of project tasks and activities is definitely the Project Implementation Unit responsible for implementation of forestry and agricultural projects, formed within the Entity Ministries for Agriculture, Forestry and Water Management. Therefore, the institutional framework related and important for the Irrigation Development Project, with above mentioned institutions, authorities and their statutory competences, offers the possibility to conduct processes, undertake appropriate measures and thus resolve problems and task, as well as to implement the Project goals.

6.6 RESETTLEMENT PROCESS GUIDELINES FOR THE PROJECT

Table 19. Expropriation process Process Phase Legal

Framework Actions/activities

Remark

Prior to initiation of the expropriation process

Expropriation Law

Public interest determination

Requirement for initiation of the expropriation process

Prior to initiation of the expropriation process

Informing and public discussions

Requirement in sense of the World Bank Operational Policies 4.12

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Process Phase Legal Framework

Actions/activities

Remark

Prior to initiation of the official expropriation process

Expropriation Law

Settlement of the transfer of ownership right by agreement

Suitable also for settlement of certain disputable or problematic cases (for example construction of a structure without obtained permits and licences)

Prior to expropriation process

Expropriation Law

Proposal submission

Precise in the proposal: beneficiary, real property and its owner. Enclose to the proposal: decision on construction of an investment structure, proof that the expropriation beneficiary has secured and allocated funds for compensation payment on a separate bank account, proof of defined public interest, and proof of the proposer's attempt to resolve the ownership acquisition issue with the property owner in prior.

Expropriation process initiated

Expropriation Law

Administrative Procedure Law

Determination of ownership rights

If there is a discrepancy between the land registry and actual situation of the real property, municipal department for property affairs shall settle the ownership right as a preliminary issue, in compliance with Article 27, Para 3 of the Law. This prescribed option is of special significance as it authorizes the department above to preliminary settle, or determine the ownership right, which is a far more efficient way if compared to special procedures carried out before other authorities.

Expropriation decision making process

Expropriation Law

Expropriation of the real property remainder

Expropriation of the remainder of the real property can also be expropriated on the owner’s request, provided the owner holds no business interest in using the related part, or if the former existence has been disabled or substantially deteriorated on the remainder property or if normal usage of it has been disabled.

Expropriation decision making process

Expropriation Law

Taking possession of the expropriated real property

Rule: the property shall be taken into possession after the expropriation decision enters into force. Exception: based on the request of the expropriation beneficiary, the Government can decide to hand over the real property prior to the final decision issue or prior to the decision finality, when it is necessary due to urgency or elimination of major damage. This option is excluded in

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Process Phase Legal Framework

Actions/activities

Remark

case of a residential or business structure for which the expropriation beneficiary has not provided a corresponding real property.

Expropriation decision making process

Expropriation Law

Administrative Procedure Law

Abandonment of the expropriation proposal

Process suspension

Second-instance administrative procedure per appeal

Expropriation Law

Administrative Procedure Law

Settlement of appeals to the expropriation decisions

Settled by the entity office for geodetic and property affairs

Administrative dispute

Expropriation Law

Administrative Procedure Law Administrative Disputes Law

Decision making on appeal against the expropriation decision

Decision is issued by the Cantonal Court in FBiH, Appellate Court in BD, or District Court in RS

Expropriation process is completed

Expropriation Law Land Registry Law

Registration of ownership and other property rights

Registration of ownership and other property rights on expropriated real estate, as well as the real estate granted to a former owner on behalf of the compensation, is carried out according to the final expropriation decision and proof of compensation paid, or proof of the acquisition of ownership right over another corresponding estate by the former owner.

Expropriation process is completed

Expropriation Law

Administrative Procedure Law

Determining the amount of the compensation in administrative procedure

By amicable agreement before the municipal department for property affairs

Court (non-contentious) procedure

Expropriation Law

Non-Contentious Proceedings Law

Determining the amount of the compensation in court procedure

Municipal court decision on the compensation amount

Expropriation process is completed

Expropriation Law

Law on Administrative Procedure

Request for real property deexpropriation

Cancellation of the final expropriation decision due to the failure to accomplish intended usage of the acquired real property or failure to use the property for purposes it has been acquired for.

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Table 20. Compensation matrix Type of Project Affected Right or Property

Legal Framework Compensation Entitlements Process and Specific Requirements

Registered plot of land with registered residential structure

Expropriation Law Construction Land Law

OPTION 1: RESETTLEMENT WITH REPLACEMENT PROPERTY Replacement property including

residential plot of similar size and characteristics, and residential structure of similar size and characteristics, or

OPTION 2: CASH COMPENSATION Cash compensation for plot and structure

at market, or full value, and Moving allowance

Transfer of property right through amicable agreement or expropriation Requirements from the World Bank Operational Policies 4.12

Registered non-residential structure, on registered plot of land

Expropriation Law Construction Land Law

Cash compensation to the structure owner at market, or full values, and

Cash compensation for the plot at market value

Transfer of property right through amicable agreement or expropriation Requirements from the World Bank Operational Policies 4.12

Registered agricultural land plot

Expropriation Law Property Relations Law Agricultural Land Law Land Registry Law

Provision of a replacement agricultural plot of similar size and characteristics, or

Cash compensation at replacement value

Transfer of property right through amicable agreement or expropriation. If the Project affected part of the relevant plot accounts for an irrelevant part of its total surface, the replacement plot option will not be available, but only the cash compensation option. If the plot remainder after the expropriation of the affected part is unusable, the owner will be entitled to expropriation of the remainder (whole) plot. Requirements from the World Bank Operational Policies 4.12

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Type of Project Affected Right or Property

Legal Framework Compensation Entitlements Process and Specific Requirements

Annual crops (yield)

Expropriation Law Agricultural Land Law

Cash compensation at market value to the owner of the crop if he has evidence of lease of land plot from the landowner

Cash compensation to the landowner at market value

Cash compensation for the crop will be available only if the annual yield cannot be harvested within the period of notice Requirements from the World Bank Operational Policies 4.12

Perennial crops Expropriation Law Agricultural Land Law

Cash compensation at market value to the owner of the crop if he has evidence of lease of land plot from the landowner

Cash compensation to the landowner at market value

Requirements from the World Bank Operational Policies 4.12

Business Expropriation Law

Replacement property will be given as compensation to the previous owner of the expropriated premises used for business purposes by the expropriation beneficiary before demolition of the business premises.

Requirements from the World Bank Operational Policies 4.12

Privately owned forest land

Expropriation Law Forests Law

Cash compensation at market value of the plot to the landowner and

Cash compensation at market value of the lost timber to the timber owner

Transfer of property right through amicable agreement or expropriation Requirements from the World Bank Operational Policies 4.12

COMPENSATION ENTITLEMENTS NOT COVERED BY LEGISLATION OR DOUBTFUL Agricultural land plot registered in the name of the individual distinct from the user

Expropriation Law Property Relations Law Usurpations Law Agricultural Land Law Land Registry Law

Cash compensation at replacement value of the plot to land owner or his/her successors, and

Cash compensation for any developments (development activities) to the owner of these developments (applicable to irrigation or drainage structures, perennial plantations, structures, etc.)

Determination of the ownership right for the beneficiary, (for example in usurpation settlement process), and transfer of property right through amicable agreement or full expropriation Requirements from the World Bank Operational Policies 4.12

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Type of Project Affected Right or Property

Legal Framework Compensation Entitlements Process and Specific Requirements

Registered plot of land with residential structure without construction permit, built by the owner of the plot

Expropriation Law Legalisation Regulations

Only if subject to successful legalisation: OPTION 1: RESETTLEMENT WITH REPLACEMENT PROPERTY Replacement property including the plot

and residential structure of similar size and characteristics (replacement property) and plot attached to the property, and

Moving allowance, or OPTION 2: CASH COMPENSATION Cash compensation both for the plot and

the residential structure at market, or full value, and

Moving allowance

Expropriation and corresponding compensation can be implemented when the legalisation was completed successfully before the expropriation decision was brought Requirements from the World Bank Operational Policies 4.12

Residential structure illegaly built on the plot owned by another individual

Expropriation Law Legalisation Regulations Property Relations Law

Only if subject to successful legalisation: Cash compensation at market value to the

structure owner, and Moving allowance to the structure owner,

and Cash compensation at market value of the

plot to the plot owner and/or his successors

Expropriation can be implemented when the legalisation was completed successfully before the expropriation decision was brought Requirements from the World Bank Operational Policies 4.12

Residential structure illegally built on the plot under public ownership

Expropriation Law Legalisation Regulations Construction Land Law

Only if subject to successful legalisation: Cash compensation at market value of the

structure to the structure owner, and Moving allowance to the structure owner

Expropriation can be implemented when the determination of the ownership right for construction on someone else's land and the legalisation were completed successfully before the expropriation decision was brought Requirements from the World Bank Operational Policies 4.12

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Type of Project Affected Right or Property

Legal Framework Compensation Entitlements Process and Specific Requirements

Illegally built non-residential structures on the registered land

Expropriation Law Legalisation Regulations Construction Land Law Property Relations Law

Only if subject to successful legalisation: Cash compensation at market value of the

structure – to the structure owner, and Cash compensation at market value of the

plot

Expropriation can be implemented when the legalisation was completed successfully before the expropriation decision was brought Requirements from the World Bank Operational Policies 4.12

Illegally built non-residential structure on the plot owned by another individual

Expropriation Law Legalisation Regulations Construction Land Law Property Relations Law

Only if subject to successful legalisation: Cash compensation at market value of the

structure to the structure owner, and Cash compensation at market value of the

plot to the plot owner and/or his successors

Expropriation can be implemented when the determination of the ownership right for construction on someone else's land and the legalisation were completed successfully before the expropriation decision was brought Requirements from the World Bank Operational Policies 4.12

Illegally built non-residential structures on the plot under public ownership

Expropriation Law Legalisation Regulations Construction Land Law

Only if subject to successful legalisation: Cash compensation at market value of the

structure and pertaining land to the owner

Expropriation can be implemented when the legalisation was completed successfully before the expropriation decision was brought Requirements from the World Bank Operational Policies 4.12

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7 INTEGRATED PEST MANAGEMENT PLAN

7.1 PLAN OBJECTIVES AND PURPOSE

The project has been classified as an environment category B and even though it does not trigger the safeguard policy on Pest Management, a precautionary Integrated Pest Management Plan is a part of the Environmental and Social Framework Document. The purpose of the IPM is to help guide farmers in the event that increased agricultural production, as a result of improved irrigation systems, would lead to increased pest management needs. Through the provisions of this Pest management Plan the Project Management Unit will ensure all the pesticides that are allowed (or authorized and registered) to be used in the safest way possible. The proper pest management includes the overall cycle, made up of the following components:

Transportation and safety of pesticides that are kept in stores Implementation and application (in allowed doses) of pesticides and Management of remained/ unused pesticides packages (also provide a subsection on

this issue)

Integrated Pest Management Plan should serve the farmers to obtain necessary information on good agricultural practices, to reduce environmental pollution load caused by excessive use of pesticides, and reduce risk to human health and animals by completely banning pesticides use30.

7.2 INSTITUTIONAL FRAMEWORK

The competent authority dealing with prevention and control of crop diseases and pests, and control of the import of chemicals is the Administration of Bosnia and Herzegovina for Plant Health Protection, established under the Ministry of Foreign Trade and Economic Relations. The Administration is the national body for plant health responsible for coordination and communication regarding all issues related to plant protection, as well as the provisions arising from the International Convention on Plant Protection ("Official Gazette of BIH" no. 08/03), ratified in 2003, and national legislation. The relevant institutions at the entity level are Federal Ministry of Agriculture, Water Management and Forestry and the Ministry of Agriculture, Forestry and Water Management of the Republika Srpska which perform administrative, technical and other tasks under the responsibility of the Federation of Bosnia and Herzegovina and the Republika Srpska. They are, inter alia, related to the protection of agricultural plants and agricultural products from disease, pests and weeds, as well as training of farmers.

Apart from the state Administration and two entity ministries, two other entity institutions exist in BiH dealing with relevant subjects. Federal Institute of Agriculture is responsible for organization of plant protection reporting and forecast service and education of farmers while the Agency for the Provision of Consultancy Services in Agriculture in RS gives expert advice, work on raising levels of knowledge, practical skills of farmers, and collects and analyses data on all aspects of agricultural production.

7.3 PAST TRAININGS AND EDUCATION

In the previous period, the Administration Bosnia and Herzegovina for Plant Health Protection, in cooperation with the FARMA project funded by United States Agency for International

30Dougherty T.C., Hall A.W.,Wallingford H.R. (1995): FAO Irrigation and Drainage Paper 53.FAO, ODA.

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Development (USAID), has worked on education of farmers for proper application of pesticides. The guide on "Proper implementation of pesticides" is printed for this purpose. The Administration is also engaged in training of the Border Police of Bosnia and Herzegovina in order to prevent imports of pesticides that are prohibited by law or their importation is not allowed. In addition to this manual, the following guides were prepared in the framework of FARMA project:

Global GAP – Step towards the global market, Global GAP INFO Economics Handbook on agricultural practices, Manual on good practices on implementation of pesticides for elimination of pest S.

endobioticum, Manual on good practices on implementation of pesticides for elimination of pest

Ralstonia, Manual on good practices on implementation of pesticides for elimination of pests C.

sphaenodicus.

As a contribution to increasing competitiveness of agricultural sector through introduction and adoption of EU standards, eight workshops were organized in the framework of the FARMA project for associations of agricultural producers to help them implement the Global GAP standards and to prepare them for certification. GLOBAL GAP (Good Agricultural Practices) is the standard of good agricultural practices aimed at certification of agricultural products from around the world, which control the use of all types of agro-chemicals and care for environment and sustainable development. WB and FAO favour GLOBAL GAP.

Workshops were organized by the Agency for Cooperation, Education and Development (ACED). Workshops have included the following topics:

The standard’s general framework, The process of standardization and certification, Experience in implementing Global GAP standard in BIH, The importance of Global GAP standard.

A total of 176 producers received basic information about the standard that limits the export to EU countries. ACED finalized its activities in 2010 by implementing the Global GAP standard with 32 agricultural producers in 3 regions of Bosnia and Herzegovina (north, northwest and northeast. Through intensive consultation, producers were prepared for certification of the farm.

Fruit and vegetable producers in BIH, in most cases must certify production in accordance with the Global GAP standard to export fresh fruits and vegetables to EU. The new version of the Global GAP standard (version 4) is mandatory from 1 January 2012. In order for consultants in BIH to stay informed and be in position to provide adequate advice to producers the FARMA project in cooperation with UNDP VCE trained 6 persons related to the new version of the Global GAP standard.

The project "Development of Agricultural Cooperatives" funded by the European Union and implemented by the Centre for Development and Support (CRP) in partnership with organization "Nešto više" from Sarajevo, aimed at strengthening capacity of agricultural cooperatives in BIH for easier approach to demanding agricultural market in BIH and EU. The aim of the project is also to employ at least 20 people in agricultural sector. Agricultural Cooperative (ZZ) "Voćar" Glumina from Zvornik, "Agro-Koraj" from Koraja, "Gračanka" from Gračanica, "PMG VIP" from Gradačac, "Brka" from Brčko and "Agropodrinje" from Goražde were certified with Global GAP in the framework of the project. The EU has supported the project with 315,000 EURO, which is directly intended to help 400 producers joined in 7 cooperatives in the entities and Brčko District.

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The NGO Centre for Environmental Development from Sarajevo prepared the brochures and the film on the application of fertilizers and good agricultural practices to prevent and reduce diffuse pollution of water resources and protect soil. The activities were implemented through projects entitled "Raising public awareness of farmers and farmers on the application of fertilizers and good agricultural practices in order to prevent diffuse pollution of water resources" supported by Austrian Cooperation Office Bosnia and REC (2005), and "Building partnerships within local communities to fight against nutrient pollution" supported by UNDP/GEF Danube Regional Project (2005). The first project was implemented in three regions of Bosnia and Herzegovina – Central Bosnia – Travnik, Novi Travnik, Vitez and Busovaca, northern Bosnia –Modriča municipality Odžak, Čelić and Brčko District, north – western Bosnia – Bihać, Bužim, Cazin and Bosanska Krupa. The second project was implemented in the northern region of BIH and municipalities Odžak, Šamac, Derventa and Modriča. The new project on training the farmers on good agricultural practices in the Neretva river basin will end by the end of 2011. Another relevant project "Support to the BIH Plant Health" started in 2011 and will last for 24 months. The overall objective was to establish an integrated national system of phyto-sanitary control that will serve to create and implement policies for protection of plant health, harmonized with EU legislation and international standards in this field (arising from the International Plant Protection Convention - IPPC). The project is funded by EU from IPA funds in the amount of 790.450 EURO. The consortium of Agriconsulting Europe SA and National Institute for Agricultural Biology (NIAB) provided qualified and experienced experts from several EU member states that will help Administration Bosnia and Herzegovina for Plant Health Protection to support development of phyto-sanitary control. The main beneficiaries of the project are Administration Bosnia and Herzegovina for Plant Health Protection, Federal Ministry of Agriculture, Water Management, and Forestry, Ministry of Agriculture, Forestry, and Water Management of Republika Srpska, Department of Agriculture, Forestry and Water Management of Brčko District and two entity inspectorates together with inspectorate of Brčko District. The project has five major activities related to the system of plant health control, pesticides control and certification of seeds and seedlings. The assessment of current working conditions and technical aspects was carried out based on questionnaires directed to inspectorates. The border inspection services are equipped with adequate laboratory equipment for the control of pesticides. The list of necessary equipment and instruments is made based on the requirements of the EU Directive 98/22/EZ. The training on international methods for pest risk analysis (PRA) was also carried out. The presentation on principles and procedures of the for PRA were prepared for the staff of the Administration Bosnia and Herzegovina for Plant Protection and Coordination Group for the Plant Health Protection. The training was organized for local experts that the project will engage to perform the actual PRA. A manual with instructions for the seed crops inspection was prepared in line with the OECD guidelines, translated to three official BIH languages, and distributed to inspectors. The CERT3C Form for Seed Crops from the Crops Inspection Report was also translated into local languages and given to inspectors while performing inspection of crops. The visits to institutions in BIH, and seeds and crops nurseries were carried out. The training on the OECD/EU scheme for the inspection was also carried out. Administration Bosnia and Herzegovina for Plant Health Protection is planning to organise trainings for the owners and staff of agricultural pharmacies that are, or will be, registered in the register of agricultural chemist in BIH.

7.4 PRESENT PROBLEMS WITH DISEASES, PESTS AND WEEDS IN BIH

The plant diseases present in BIH are subject of registering for many years now and are published in the "Bylaw on lists of harmful organisms, lists of plants, plant products and regulated facilities" ("Official Gazette of BIH" no. 69/09). Despite the fact that diseases are

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registered, the data are insufficient and partly unreliable due to the lack of intensive field research. The diseases, weeds, and pests present in the region can also be found in BIH to a greater or lesser extent. They mostly go after the crops that are planted, but their distribution largely depends on the climatic characteristics of the cultivated areas.

In Bosnia and Herzegovina, the following diseases and pests are present: Downy, slug, Cereal leaf beetle, powdery mildew, aphids, wasp, certain viral diseases (sarcoma), potato beetle, corn borer, and fungal disease. The weed species that are mainly presented are: Ambrose, Field Bindweed, Wild Sorghum, Ryegrass, Creeping Thistle, Abutilon, etc. However, up to date epidemics in BIH are not registered and diseases and pest were kept under control with occasional use of smaller quantities of pesticides.

Table 21. Diseases and Pests Present at Five Priority Scheme Sites

Disease/pest Cvilinsko polje

Mostarsko blato

Pelagićevo Lijevče polje Novo selo

Cereal leaf beetle

- - O + +

Slugs O - + O +

Aphids + + + + -

Wasps + - - - -

Trips - - - - -

Moths O O O O + Owlet moths O O O O -

Powdery mildew

+ + + + +

Viruses + - O O -

Downy + + + + +

Fusicladium + + + + +

Weeds + + + + + Legend:

7.5 THE METHODS OF DISEASE AND PEST CONTROL IN BIH

Current practices in diseases and pest control in BIH are mainly based on the controlled use of pesticides rather than implementing good agricultural practices.

Large producers generally use chemicals to remove weeds (herbicides), insects (insecticides), small mammals (rodenticides), nematodes (nematocides) and other pests.

The most commonly used good agricultural practices are agro-technical methods of cutting the weeds, deposition and drying for use as a cattle feed. Small producers usually do not have sufficient means to chemically protect their crops. They use alternative methods of collecting pests by hand, cutting, burning, and burying the infected plants, etc. As the sector is generally undeveloped, farmers across the country are generally not familiar with the biological methods of crop protection.

+ Disease/pest recorded - Disease/pest not recorded O Disease/pest exist, but did not do a greater damage

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Table 22 Diseases and Pest Control Methods Used in BIH

Method Use

Agro-technical methods

Burning of diseased crops and fields affected by infections, regular mowing before and after the crops planting, shallow and deep ploughing, continuous change of cultures over the years, hand collection of pests and manual removal of infected plants, and planting resistant varieties of corps.

Chemical methods The use of pesticides when number of pests pass over the threshold value (when the populations of pests and weeds reach the economic threshold of harmfulness or when weather conditions are favourable for the development of plant diseases and pests)31

Table 23 Methods Used in Five Locations in Bosnia and Herzegovina Cvilinsko

polje Mostarsko blato

Lijevče polje Pelagićevo Novo selo

Use of organic fertilizers

Yes Yes Yes Yes Yes

Use of artificial fertilizers

Yes Yes Yes Yes Yes

Pesticide using Generally no, due to the excessive costs.

Generally no, due to the excessive costs.

Yes Yes Yes

Compliance with crop rotation

Yes Yes Yes Yes Yes

Fight against weed species

By mowing By mowing Mowing, use of herbicides

Use of herbicides

Use of herbicides

Fight against harmful insect species

Compliance with crop rotation, manual collection

Compliance with crop rotation, manual collection

Compliance with crop rotation, insecticide use.

Compliance with crop rotation, insecticide use.

Compliance with crop rotation, insecticide use.

Fight against various diseases

Use of crop varieties resistant to diseases, removal of diseased plants.

Use of crop varieties resistant to diseases, removal of diseased plants.

Use of crop varieties resistant to diseases, removal of diseased plants.

Use of crop varieties resistant to diseases, removal of diseased plants.

Use of crop varieties resistant to diseases, removal of diseased plants.

Fight against rodent pests

Deratization in and around homes.

Deratization in and around homes.

Deratization is carried out directly in the fields before planting

Deratization is carried out directly in the fields before planting

Deratization is carried out directly in the fields before planting

31 Proper phyto – agens (pesticide) application. User's Manual. Bosnia and Herzegovina, Ministry of Foreign Trade and Economic Relations of Bosnia and Herzegovina for Plant Health, USAID, SIDA

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7.6 EXPECTED AGRICULTURAL PRODUCTION IN THE PROJECT AREA

The preferred crops that are grown in the area of Bosnia and Herzegovina are: corn, wheat, sunflower, rapeseed, sugar beets, peppers, tomatoes, cucumber, etc. The following table provides an overview of the cultures planned to be grown in the project areas (priority schemes). Table 24. Expected Crops at Five Analysed Locations in BIH

Corp Cvilinsko polje

Mostarsko blato

Lijevče polje Pelagićevo Novo selo

Vegetables

Corn + - + + + Potato + + + + +

Sunflower - - + + +

Rapeseed - - + + +

Sugar beet - - + + +

Wheat - - + + + Tomato + + - - -

Pepper + + - - -

Cucumber + + - - -

Cabbage + + - - O

Peas - + O O +

Beans - + - - -

String bean - + - - -

Carrot + + - - +

Onion + + - - -

Fruit

Apple + + + - -

Pear - + + - -

Plum + + + - -

Grapevine + + - - -

Raspberry + + - - - Blackberry + + - - -

Watermelon - + + O - Legend:

At two locations, Pelagićevo and Novo Selo, no greenhouse production is planned while on all other location production will be in greenhouses and open field.

7.7 BASIC STEPS OF THE INTEGRAL PEST MANAGEMENT PLAN

Integrated pest management approach is based on six basic steps:

Proper identification of pest - Cases of mistaken identity may result in ineffective actions. If plant damage due to over-watering are mistaken for fungal infection, spray costs can be incurred, and the plant is no better off.

+ Probably expected crop culture - Corp culture that is not expected O Corp culture that can be planted, but it is not the primary choice

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Knowledge of the biology and pest and host life cycles in order to properly identify the developmental stage in which the pest is susceptible to preventive action.

Monitor or sample environment for pest population. Regularly record number of pest population and in the case of increasing the pest number act in accordance with the population growth. Monitoring is conducted throughout the year, or several consecutive years in the subject area. The monitoring and recording of diseases and pests that occur in crops or in the environment should be done. The methods used in the prevention or suppression of diseases and pests should also be recorded.

Establishing action threshold (economic, health care or aesthetic threshold). The economic action threshold represents the minimum number of pests over which the parasite threatens the economic survival of the agricultural producers. Health care threshold represents the minimum number of pests over which the parasite is threatening deterioration of health of plants, animals and humans. The health care threshold applies to all organisms that can carry over the disease. The aesthetic threshold represents the minimum number of pests over which the parasite cause negative visual impression, which may indirectly affect the economics of agricultural producers (the spread of caterpillars, defoliation of leaves of some plants from attacks caterpillars, etc.).

Choosing the proper combination of methods. For each type of pests there are usually several options for their removal. Options include: mechanical, biological and chemical methods.

Evaluation of results. The review the overall program and its results is a process. Asking these questions is helpful: Did actions have the desired effect? Was the pest prevented or managed to farmer satisfaction? Was the method itself satisfactory? Were there any unintended side effects? What can be done in the future for this pest situation? Understanding the effectiveness of the program allows the site manager to make modifications to the pest management plan prior to pests reaching the action threshold and requiring action again.

Pest control methods can be applied before planting the crop and during the stage of crop growth and maturation. Before planting the crop, it is necessary to apply the following methods, in the order listed:

Inspect the surrounding area, to determine the presence of pests/pathogens on weeds and other plant species in the environment.

If you determine the presence of pests or diseases, it is necessary to make a proper identification of the types of pests and diseases and, if possible, the stage of development where it is located, and to estimate the number of pest populations in the environment.

After proper pest/disease identification, it is necessary to apply agro-technical/mechanical methods of removing diseased plants from the environment such as: mowing diseased plants and then deep ploughing of plant parts.

If a pest or a disease occurs in the phase of growth and maturation of crops, it is necessary to apply the following methods, in the order listed:

Include biological treatment methods (input predatory/parasitic species, the inclusion of replatants made from natural products (pheromones and other substances).

If, after the use of biological methods, no positive results is obtained, and pest population and the percentage of plant disease infection is growing, it is necessary to include the treatment by pesticides, giving priority to natural pesticides derived from other organisms, so called "bio-pesticides".

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Pesticides should be used in line with the instructions given by the competent bodies at all levels in BIH. Only pesticides approved by the competent body and published in official gazettes can be used. The pesticides should be managed by persons certified for their use or possessing the appropriate level of education and expertise (e.g. agronomists).

Figure 3 Integrated Pest Management Methods

7.8 PLANT PROTECTION METHODS

In Bosnia and Herzegovina, various methods can be applied to keep pests and diseases under control or to completely eradicate them. Following methods are used for these purposes:

Mechanical, Biological, Chemical.

Mechanical methods include all agro-technical/physical controls carried out before or during the crop growing. Mechanical controls include regular mowing of weed species, diseases and pest removal from crops and the environment (removal of infected plants and plant parts), plowing of infected plants and their parts (Table 25). Table 25 Description of Mechanical Methods Available for Use in the BIH Area32

32Parts of the text is taken from: Maceljski M. (1999): Poljoprivredna entomologija. Zrinski d.d. Čakovec and Keener K. (2007): A Pest Control Program. Purdue University, FS – 22 – W.

Integrated Pest Management Plan

Before crop planting

Overview of the presence of

plant diseases and pests in the

environment

Identification of diseases and pests

The application of agro-technical / mechanical

methods

Growth and maturation of crops

Crop treatment with biological methods

Crop treatment with chemical methods

(pesticides)

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Measures Description Advantages of the Method

Disadvantages of the Method

Soil sterilization

Pests are killed by emitting heated water vapour in the soil.

The method was perfected for killing subterranean pests, particularly nematodes and rodents.

The method has not yielded the desired results.

Burying infected plants

All infected plants, affected by pest or showing symptoms of the same disease must buried down at least 1 m deep on the non-agricultural land.

Destruction of all pathogens and pests in the affected area.

Possible ban on planting infected plants type in following 3 years.

Control of waste disposal and environmental cleanup

Use of these methods leads to a decrease in the pest population that breed in these places or the same places used as hideouts and dens.

Reduction of the number of pests.

These projects are very expensive.

Closure of the sewerage system

Different types of traps

This type of control has traditionally been used to kill mice in houses, as well as to capture other animals.

Environmentally friendly because it does not kill all of the pests.

Pests cannot be completely eradicated.

Plowing (shallow and deep)

This type of control used for the destruction of perennial weed species and underground pests.

Kills almost all the pests which the entire life-cycle or part of it conducted in the soil.

The possible occurrence of soil erosion if the plowing is not properly done.

Net installing This type of control is a preventive measure to protect crops against bird attack.

Effective crop protection.

The method is cost-effective only for smaller parcels.

Tin installing This type of control is a preventive measure to protect against snails.

Effective crop protection.

The method is cost-effective only for smaller parcels.

Lights and sounds using

Using light and sound to reject or attract pests.

Rejection of the targeted pests from the crops was very successful.

Expensiveness methods because of purchasing equipment. Increased electricity consumption.

Irrigation control

Avoid direct irrigation in large quantities: use rubber hoses and other methods of irrigation (drip) to bring water directly to the root of the desired plants.

The method is effective in preventing the spread of weed species.

Usable only in greenhouse production.

Hand-pulling and collecting

Hand-pulling of weeds and pest collecting (potato beetle, snails). This method is effective only on smaller plots.

Environmentally friendly method because it not use vehicles (tractors), and herbicides.

Expensiveness of the method because of the manpower engaging. Method is cost-effective only on

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Measures Description Advantages of the Method

Disadvantages of the Method

smaller plots. Mechanical hoeing

Using tractors for careful hoeing around the plants and crops at various points. Mechanical hoeing beside the tractor can be used for any other agricultural machinery.

The method is applicable on large areas.

Pollutant emissions from vehicles that are emitted into the air. Expensiveness.

Crop rotation Rotation of crops gives very good results in controlling the pest population.

Modifying crops to prevent the development of pests which attack the target crop species.

No.

Other measures

They are used to destroy woody weed species (Prunus spinosa L.) Measures are effective only with physical methods (burning, pulling, and cutting).

Environmentally friendly method because of that there is no vehicles using (tractors).

Expensiveness of the method because of the manpower engaging. Method is cost-effective only on smaller plots.

Biological methods are based on the use of resistant strains of crops (according to diseases and pests), the introduction of predatory or parasitic organisms for natural pest control, and using other natural products that act as repellents to some types of pests, and do not threaten other species or pollute the environment. These methods have proven to be very cheap and safe, and have become available to every agricultural producer. However, due to insufficient level of education, these methods have remained unknown in countries in transition (including BIH) and underdeveloped third world countries (Table 26). Table 26 Biological Pest Control Methods

Species Measures

Viruses The introduction of crop varieties resistant to certain diseases. For now, there is no other option.

Fungus Planting the varieties of plants resistant to fungal diseases.

Bacteria Use of crop varieties resistant to bacterial diseases. Using of so-called “biopesticides" and antibiotics.

Weed species Using of herbivores insect species witch eats leafs and plant steams of certain weed species.

Parasite and vector of the diseases

Use of parasitic fungi, bacteria, viruses and other kinds of insects that are predators or parasites of given species.

Arthropods Using other predatory insect species which attack other harmful insect species. Using of parasitic insect species witch attack targeted pests. The eggs of certain parasitic and predatory species are laboratory produced and are available on the market at affordable prices.

Snails The products based on pheromones are used. These products act as attractants for certain snail species.

Mammals The rodent repellents made of natural ingredients are used: balsam fir Abies balsamea (L.) Mill., which the U.S. Environmental Protection Agency

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Species Measures (EPA) has approved as non-toxic substance that repel the rodents. Use of Acacia polyacantha subsp. campylacantha (A. Rich.) Brenan, whose root emits chemical compounds that repel animals, including snakes and rats.

Many arthropod species exist in nature as natural enemies of certain pests. These organisms are available to farmers across the globe at very affordable prices (Table 27). Table 27 Application of Arthropods in Pest Control33

Pest Predator/Parasite Price

Aphids Ladybugs (Coccinellidae). 23.5 USD for 2000 individuals.

Aphidoletes aphidimyza (Rondani, 1847).

5 USD for 100 individuals.

Green lacewing larvae (Chrysopidae) 3 – 6 USD for 1000 eggs.

Carabidae 1.5 – 60 USD per individual.

Praying mantis (Mantodea). 2 USD for 100 eggs.

Trips Ladybugs (Coccinellidae). 23.5 USD for 2000 individuals.

Bugs from genus Orius Wolff, 1811. 100 USD for 500 individuals.

Hippodamia convergens Guérin-Méneville, 1842.

30 USD for 4500 individuals.

Amblyseius cucumeris (Oudemans, 1930).

The mixture „Amblypack“ contains 50.000 mites.

Leaf miners Diglyphus isaea (Walker, 1838). 140 USD for 250 individuals. Caterpillars of different butterflies species

Serangium paracesetosum Sicard 1929. 30 USD for 2000 individuals.

Wasps from genus Trichogramma Westwood, 1833.

2 – 4 USD for 10 000 individuals.

Carabidae. 1.5 – 60 USD per individual.

Tachina flies (Tachinidae). 25 USD for 500 individuals.

Spinner Anthocoris nemorum (L., 1761). Still in experimental phase.

Mites from genus Metaseiulus Muma, 1961.

Price varies.

Potato beetle Doryphorophaga doryphorae Riley, 1869.

The preparations with eggs exist. The price varies.

Periolus bioculatus Fabr., 1775. Still in experimental phase.

Phytophagus mites

Typhlodromus pyri Sch., 1857. 50 USD for 2000 individuals.

Cicades Praying mantis 2 USD for 100 eggs.

Phytophagus bugs

Typhlodromus pyri Sch., 1857. 50 USD for 2000 individuals.

Cereal leaf beetle Wasps from genuses: Anaphes Girault, 1909, Tetrastichus Silv., 1915 , Lemophagus Townes, 1965.

60 USD for 500 individuals.

Ladybugs. 23.5 USD for 2000 individuals.

Beetles Ladybugs. 23.5 USD for 2000 individuals.

Faucets Praying nematodes. 17.99 USD for million individuals.

Snails Carabidae. 1.5 – 60 USD for individual.

33Part of the text is taken from: Maceljski M. (1999): Poljoprivredna entomologija. Zrinski d.d. Čakovec; http://www.insect – sale.com; http://www.planetnatural.com; www.geenmethods.com.

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The advantage of these methods is that the natural regulation is cheap (when a pest population is growing, also growing population of their enemies), efficient (especially if you use targeted pest enemies), biologically "clean" (do not pollute the environment), and healthy for the humans. Once entered, you do not need to buy them again, because they reproduce themselves in nature. The downside of these methods is that the effect is very slow and should not be used when the damage is very high. It is also possible that some introduced predatory or parasitic species adapt and attacking local harmless (or benefit) species. Chemical methods of pest control are applied when pest population exceeds permissible threshold. Threshold decision on the use of pesticides shall enter into force when the populations of pests and weeds reach the threshold of economic harmfulness or when weather conditions are favourable for the development of plant diseases and pests34. Products used must be specified in the list of registered pesticides prescribed by the competent ministries. Despite exceeding the threshold decision on the use of pesticides, it is necessary to strictly take into account the quantity of the products used, their origin (whether natural or synthetic pesticides), and whether, and in which extent and at which speed, they are biodegradable. Table 28 Types of Chemical Pesticides and Their Purpose35

Pesticide Type

Purpose

Herbicides Pesticides intended to combat with weeds.

Fungicides Pesticides designed to control fungus plant disease

Bactericides Pesticides intended for suppression of harmful bacteria. Insecticides Pesticides designed to control harmful insects.

Acaricides Pesticides designed to control harmful mites.

Arboricides Pesticides designed to control woody plants.

Limacides (Molluscicides)

Pesticides designed to control harmful mollusks.

Nematocides Pesticides designed to control harmful nematodes.

Rodenticides Pesticides designed to control harmful rodents.

Desikants Pesticides that cause withering or drying of plants. Depholiants Pesticides that induce premature falling of leaves before harvest.

Even after exceeding a threshold (Table 29), it is recommended to use the so-called "Biopesticides", which are nothing more than factory-produced goods, but already present in nature as components of individual organisms. The advantage of "biopesticides" is that natural pesticides are 99% effective on target species, are quickly biodegradable and do not show harmful effects on humans and other animals. Table 29 Threshold Decision on the Use of Pesticides for Certain Pest Types36

Pest Threshold Decision Pest Threshold Decision Trips 2 – 3 larvae on a leaf, 10 – 20 Moths 2 mines on 100 leaves.

34Proper pesticide application. User's Manual. Bosnia and Herzegovina, Ministry of Foreign Trade and Economic Relations, BiH Administration for Plant Health, USAID, SIDA. 35All used pesticides must appear on the list of pesticides provided with the use license issued by the competent ministry. These mixtures should not have a negative impact on the environment and humans. 36Maceljski M. (1999): Poljoprivredna entomologija. Zrinski d.d. Čakovec.

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Pest Threshold Decision Pest Threshold Decision

individual on a leaf.

Plant bugs Until 10 plant bugs per individual plant.

Gelechiid moths

Around 70% of infected plants.

Cicades 100 cicadas on 100 leaves. Clearwing moths

100 – 400 caterpillars on 20 fruits.

White flies 10 – 20% of corps infection. Tortrix moths To 10% of infected plants.

Aphids 10 – 15 colonies per 100 plants.

Geomether moth

Around 10% of plant infections.

Leaf wasps 3% of fruit infections. Owlet moths 1 – 2 caterpillars on 1m2.

Cockchafer 2 – 3 individuals on 1m2. Root flies 1 larva per plant.

Click beetle 15 – 20 individuals on 1m2. Red mite 3 – 5 red mites per leaf.

Pollen beetle 3 – 5 individuals per plant Mice’s 20-holes per ha.

Cereal leaf beetle

2 larvae per plant. Snails 3 – 4 snails on 1m2.

Jewel beetle 5 – 6 larvae per plant. Nematodes Works immediately after the observation of pests.

Weevils 2 – 3 adults per 1m2. Genus Delia Robineau-Desvoidy, 1830

One larva per plant or seed.

The use of pesticides containing active substances presented in Table 30 below is prohibited. Table 30 List of Prohibited Substances Active in BIH Whose Trade, or Use is Prohibited in the EU Countries37

Name of Active Substance Category Name of Active Substance Category Acetochlor HB Flukloridon HB

Biternatol FU Fluphenzine IN

Bromadiolone RO Flumetsulam HB

Bupirimate FU Phoxim IN

Buprofezin IN Hexythiazox AC,IN

Cyhexatin AC Clethodim HB

Cycloxydim HB Metaldehyde MO

Zinc Phosphide RO Myclobutanil FU

Cyproconazole FU Napropamide HB

Dazomet NE,FU,HB Oxyfluorfen HB Dichlobenil HB Paraquat HB

Ditianon FU Prochloraz FU

Dodine FU Propargite AC

Fenarimol FU Prosimidon FU

Fenazaquin AC Tau-Fluvalinate IN Fenbuconazole FU Terbuthylazine HB

37List of active substances allowed for use in pesticides in BiH, „Official Gazette BiH“ 11/11., Decision on Establishing the List of Registered Pesticides, „Official Gazette RS“, 62/11.

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Name of Active Substance Category Name of Active Substance Category

Fenoxycarb IN Tefluthrin IN

Fluazifop-P-butyl HB Legend:

IN – insecticide MO – molluscicide HB – herbicide NE – nematocide FU – fungicide RO – rodenticide AC – acaricide

Pesticides may be used only when pest and weed populations reach the threshold of economic harmfulness or when weather conditions are favourable for the development of plant diseases and pests. Each pesticide contains proper implementation guidance.

7.9 CORRECT PESTICIDES USE

Information on proper application of pesticides is taken from the handbook prepared within the FARMA project38. Pesticides used for pest control can be harmful. Their inappropriate use can:

have negative impact on the health of the person applying pesticides, and also have negative impact on the health of humans and animals living in a closer area,

have negative impact on biodiversity, influence the excessive pesticide residues on the crops, have impact on water pollution and the environment in a broader sense.

Preparation and application of pesticides in case of inadequate protection can lead to pesticide poisoning. Dissolved pesticides can pass through the skin, respiratory tract (inhalation of pesticide vapors) or gastrointestinal tract (eating). Poisoning is not only acute (one-time large amounts of input, direct contact with the skin), but can also occur due to prolonged and repeated application of small quantities, which in the case of single input does not show consequences (chronic poisoning). Skin contact is the most common form of pesticide poisoning. Penetration of pesticides through the skin occurs much faster if arms, hands, feet and face are not protected. High temperature and perspiration accelerate the penetration of pesticides through the skin. Therefore, when applying pesticides it is necessary to wear rubber gloves, rubber boots, protective clothing, head cover, goggles and a nose and mouth mask to cover as much of the body as possible. Do not work with exposed skin, or let children use pesticides or be present when applying pesticides. Some pests, pathogens, and weeds can become resistant (resistant) to certain pesticides, or a whole group of pesticides, which manifests itself in the loss of the product effectiveness. The emergence of drug resistance can be slowed down, sometimes stopped, avoiding any excessive use of pesticides. It is important that you frequently change the group of used resources, and always keep in mind that any excessive treatment of crops is not only a financial cost, but becomes toxic and dangerous for organism and the environment.

38Guidelines for proper use of pesticides taken from the publication: “Proper Pesticide Application. User's Manual. Bosnia and Herzegovina, Ministry of Foreign Trade and Economic Relations, BiH Administration for Plant Health, USAID, SIDA.”

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Pesticides can be placed on the market if registered with the competent authorities and classified, packed, marked and equipped with instructions for proper use in accordance with the regulations on dangerous substances and preparations, and in accordance with regulations adopted pursuant to the BIH Law on Pesticides. Use only pesticides allowed for certain purpose, as listed in the instructions for use. Preference should be given to the pesticides which rapidly decompose. It is important to choose pesticides that have a satisfactory effect on harmful organisms. Upon procurement, check the name, use and durability of each pesticide. Proper use includes the use of pesticides in accordance with the instructions and specifications on the product label, appropriate storage, transport, use, treatment of waste and wastewater management, and protection of workers. Storage of Pesticides:

Keep pesticides in a dry, cool and dark place. Do not keep them in place directly exposed to light or warm and humid place.

Keep the storage locked up and deny access to unauthorized persons and children. Do not leave pesticides in or near food or stalls.

Pesticides must be kept in the original packaging and be classified by purpose, i.e. in particular fungicides, insecticides and herbicides.

Liquid pesticide formulations are deposited in the warehouse to the shelves below the powder formulation in the case of uncontrolled spilling.

Provide running water, soap and towels in the vicinity of the warehouse that contains pesticides.

It is also need s to be careful when leaving the remaining pesticide. Never leave a residual pesticide in the empty bottles for drinking, because children could have drunk it, by mistake.

Unused pesticides must be left in the original packaging and stored in a previously prescribed manner.

Application equipment, such as sprinklers, washes thoroughly with water immediately after use. Keep equipment in proper place, out of children reach.

Transport:

Be careful when you drive pesticides to your home. It is better NOT TO TRANSPORT pesticide by bus or other public transport. Also, make sure that there is no food together with pesticides.

When transporting pesticides by truck or other transportation, do not place heavy items over the package with pesticides! Otherwise, the package could be broken or squashed which would be very dangerous. Make sure how you load pesticides.

If you have spilled pesticides during the transport, first remove people and animals from that site. Then, throw on materials such as sand, wood shavings, etc. to absorb spilled pesticides. After removing spilled pesticides, wash the place thoroughly with water.

Solution Preparation: When you need to mix two or more pesticides and instructions contains no data on mixing, it is necessary to observe the following rules:

Always mix equivalent formulations, e.g. WP + WP When preparing the spray solution with two or more various formulations, it is

essential to follow the sequence of adding into the water or the container of the application device. Based on the formulation, the correct sequence of adding is as below:

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a) Concentrated solution (SL), b) Concentrated suspension (SC), c) Wetting powder (WP), d) Water dispersible granules (WG, WDG, DF), e) Solution emulsion (SE), f) Emulsion concentrate (EC), g) Liquid concentrated emulsion in water (EW), h) Wetting powder - a concentrated suspension (WP) DO NOT DISCHARGE directly

into the container but first mix the pesticide in a bucket with some water and then convert the contents into the device container, already half full with clean water.

Do not make more concentrated, ore more diluted solution than recommended. The same procedure can be applied for products in the form of WG formulations in

order to speed up the solution process. Products from other formulations can be directly added to the tank unit for application in the given order with constant constantly.

Prepare the solution in well – lighted and ventilated places. Before preparing the spray solution, do a mixing test (compatibility) in bottles from 0.5

to 1 litter. If no clotting (coagulation) or rapid deposition (sedimentation) occur in the bottle, products can be mixed. A substance causing coagulation and rapid deposition must be separately sprayed, but not in the mixture (tank mix)

When preparing the solution, keep in mind that clean pesticides are never poured into application devices. First dilute pesticides in a small bowl.

Pour pesticide into the water, never pour water into pesticide! Always use clean and not too cold water. Add into the bowl with water liquid and powder pesticides and mix them well.

Gradually adding water results in the solution to be poured into the application device by constant mixing.

When mixing pesticides, use sticks or other devices and do not dip hands in the pesticide solution.

When pouring liquid pesticide into your application device, use funnel to prevent spills and make sure you take the position of the wind.

Pesticides Application:

Use a cabin tractor for the application of pesticides. Recommended driving speed is 4-5 km/h. Agricultural sprayers and bearing motor sprayers should be used at a distance of at

least 20 m from: apiary, plots within kindergartens, schools, children's and sports playgrounds, retirement homes, residential buildings and their yards or cultivated crops.

Terms of Use:

Apply pesticides early in the morning at good weather conditions, in the evening or at midnight, at the same time take into account the intensity and wind direction. Try to apply pesticides downwind. If you apply during strong wind, the wind can blow them and damage other crops or nearby houses. When using herbicides, it must be emphasized that the wind speed of 7 km/h can blow drops up to 100 m away.

If pesticides are applied just before the rain, they can easily be washed off and cannot give the expected effect.

If pesticides are applied during the dew, it may change the concentration of solution (and dilute the product).

Avoid spraying at the temperature above 30ºC.

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If relative humidity is below 75%, do not use a fine spray (very small droplets), as the droplets dry before they reach the surface of the leaf.

Organization and Maintenance:

Products must be kept in separate locked cabinets, out of reach of children and do not put them near food.

Application apparatus, before the start of the season, must be in good working condition with all damaged parts replaced. It often happens that when applying the protection we must catch the right moment to use the pesticides, and therefore, we must not allow malfunctioning.

Application apparatus must not be overfilled; minimum 5% of the tank must remain empty.

If the nozzles on the applicator are clogged, do not unclog them by mouth. Clean the nozzle with brushes.

Pay attention to the organization and provide application devices sufficient to spray all surfaces within 24 hours, if necessary.

To prevent spillage of pesticides, it is necessary that vessels with solvents and pesticide sprayer tanks are kept in the safe position for opening and handling them.

Never leave the application device unattended. Only use scales previously used for pesticide weighing.

Workers Protection:

Do not take food and do no smoke when applying pesticides, it is also recommended to wash hands and face.

Take a shower using soap after work. Wear protective equipment.

Maintenance of Protective Equipment:

After the treatment completion, clean up protective equipment and application devices.

Protective overalls, intended for multiple uses, shall be discarded after the recommended number of washes specified on the label suits. Very dirty clothes shall be washed twice in a row.

Clean the boots at the end of each working day and dry them. Before use, check if the boots are damaged and replace them, if necessary. Check the expiration date on masks and filters. If the filters are damaged, replace them. Clean the interior of the mask and mask goggles with a damp rage. Never rinse the

mask with water. Washing gloves prolongs their use. If they are left dirty, pesticides waste slowly

reaches their interior, and can hurt your hands at the following use. They should be rinsed with water after each use before taken off the hand. If gloves are damaged, replace them with new ones.

Wastewater Treatment:

When washing the application devices, do not discharge wastewater into the drain pipes or other water courses, but reuse them for the treatment of already treated surfaces.

After spraying, the rest of the solution in application devices should be diluted with clean water in a 1:10 ratio and spent on the treated crop or stand if it is in accordance with the manufacturer's instructions. Do not leave burst pesticide sprayers.

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Never dispose of residual pesticides in rivers, ponds or other waterways. Never wash application devices in watercourses (river and streams). Always behave as

if you drink water downstream you. When spraying, keep the distance of at least 10 m from streams, and do not spray fields

under steep slope to the streams. When spraying, keep the distance of at least 50 m from water springs, wells or

boreholes, and at least 500 m of underground water sources and devices for providing drinking water for human use.

Empty containers shall be washed after pesticide application. It is crucial to wash off the containers on the farm where the product was applied. For proper rinsing, it is extremely important that the manufacturer or the person handling the application device rinsed the container immediately after the discharge and transferred the washed liquid into the sprayer. Thus washed containers (single), however, are classified into the category of the hazardous waste.

Packaging washed three times (thoroughly washed or pressurized washing applied) can be classified as non-hazardous waste and the disposal of such waste, based on the estimates of the European Association for Plant Conservation (EPCA), is three to four times cheaper.

Packaging that is not properly washed and cleaned can contaminate the environment and pose a potential threat to public health, animals and wildlife.

Do not use empty pesticide containers for keeping food and beverages. Residues of pesticides and containers cannot be destroyed in a way that endangers

human health and has adverse effects on the environment. They are disposed, as a rule, in accordance with the regulations of hazardous waste disposal management. Empty containers (cardboard boxes and foil) cannot be destroyed by being thrown into the water (springs, wells, rivers, lakes, ponds and more), pits, canals, and sewage networks, beside roads, to the landfill or in another way that may cause the environmental pollution.

Keeping Record of Pesticide Application:

Be sure to keep a diary of pesticide application, to provide control of the total amount of products applied to the surface.

Bee’s Protection: Most of the insecticides applied for combating insect pests are a dangerous poison for bees and other beneficial insects. In order to avoid their use in poisoning bees, it is necessary to:

Pay attention to spraying time, weather conditions and pesticide selection during the flowering of agricultural plants and weeds in permanent crops.

Never spray water (although the product is not dangerous to bees) when the bees are on the plants. Always spray in the evening or at night when bees are in stools.

Also, do not spray during wind, because wind can blow off the solution to neighbouring cultures.

In case you have to apply solutions dangerous to bees, notify all beekeepers in the range 3 – 6 km and 48h before the planned treatment, and ask them to lock their bees during this time.

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7.10 CONTROL OF PESTS THREATENING HUMAN HEALTH AND ANIMALS

Some diseases and parasites are a constant companion of animal species inhabiting farmlands and irrigated fields. These organisms are called vectors, or carriers of a variety of phyto and zoocenosis. The most famous vector is, of course, malaria mosquito that carries the malaria (Table 31). Table 31 Known Types of Pest-Borne Diseases 39

Vector Diseases and Disease Transmission Methods Mosquitoes - Culicidae

The most important and most numerous mosquitoes are from species of the genus Culex L., 1758. Species of the genus Anopheles Meigen, 1818 transfer agent of malaria. Malaria has been removed from the territory of BIH in the second half of the twentieth century. Species of the genus Aedes Meigen, 1818 transmitted yellow fever, but there are other causes of human diseases carried by mosquitoes.

Psychodidae family

Species from this family, stung humans and animals and feed on their blood. In this way they transmitted diseases such as papataci fever.

Simulidae family Species from this family, stung animals and humans and transmit infectious diseases such as onkocerciasis (river blindness).

Tabanidae family Species from this family, stung animals and humans. In this way, the females from this family suck blood. The best known species is Tabanus bovinus Linnaeus, 1758. It is the carrier of many diseases such as tularemia, anthrax, etc.

Muscidae family Domestic flies (Musca domestica Linnaeus, 1758). It is a constant companion of men. It is the carrier of many diseases such as: cholera, dysentery, typhoid, tuberculosis, etc.

Stomoxydae family

Species from this family, stung man and other domestic animals. They are transmitters of many diseases, such as the famous BDV virus in sheep. The most famous species is a stable flies Stomoxys calcitrans (Linnaeus, 1758).

Sarcophagidae family

Species from this family feed on carrion, but some of them attack the harmful insect. Thus, they parasite locusts, caterpillars of some harmful butterflies, beetles and other pests. They can carry diseases such as leprosy and pseudomiazis's.

Suppression of these pests is done by: dryness, humidity control, use of predatory organisms, but also the use of environmentally friendly insecticides. Generally, it is recommended to use the predatory organisms that attack the parasite carrier.

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Maceljski M. (1999): Poljoprivredna entomologija. Zrinski d.d. Čakovec.

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8 PUBLIC CONSULTATIONS AND DISCLOSURE The Environmental and Social Framework Document was disclosed in its draft form to the interested public on the website of the FBiH Ministry and Project Implementation Unit – www.fmpvs.gov.ba and http://portal.piusum.ba as well as in hard copy in the two Project Implementation Units of the Irrigation Development Project. As a sample of the ESMPs to be produced for the four priority areas, the Environmental and Social Management Plan developed for the Goražde sub-component was also disclosed and made available to the public. The public consultations were held on December 22. 2011 in Sarajevo and on December 23. 2011 in Banja Luka. The announcements were made in local media, while specific, targeted invitations were sent out to all of the interested stakeholders and identified key players in this sector. The invitations also included provisions where comments could be sent in written form by December 31, 2011, if any. There were no comments which would substantially change the Environmental and Social Framework Document, but a number of suggestions have been made which can be beneficial in the overall implementation of the Project. Minutes of Meeting and Attendance sheets are given in Annex 1 of this document.

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ANNEX 1. MINUTES OF MEETING AND ATTENDANCE SHEETS FROM PUBLIC CONSULTATION MEETINGS IN SARAJEVO AND BANJA LUKA

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MINUTES Of the public hearing “Environmental Management Framework (EMF), Bosnia and

Herzegovina Irrigation Development Project” (IDP), Example of the Environmental Management Framework (EMF) for the subproject Goražde

(FB&H)“. Sarajevo, 22 December 2011

At the beginning of the public hearing, Mr Alojz Dunđer, forestry engineer and director of PIU, welcomed all the present and briefly introduced the public hearing topic. He mentioned that the public hearing is related to the Environmental Management Framework, while the public hearings related to the Environmental Management Plans will be organised at the beginning of February. Environmental Management Framework for the subproject Goražde, was hereby publically disclosed in order for the public to get familiar with the form and general contents of the Plans based on which all other Plans will be prepared. Mr Dunđer then invited Ms Sanda Midžić Kurtagić to take the floor and start the presentation of the Environmental Management Framework (EMF). Ms Sanda Midžić Kurtagić welcomed all the present, and briefly explained what is the purpose of the Environmental Management Framework (EMF): I) to analyse regulations and present overview of procedures that need to be undertaken for purpose of implementation of priority projects, II) to give guidelines to be followed within all other planned projects. The following was presented:

Environmental Assessment Procedure for irrigation projects

Integration with other procedures

Checklist for simple reconstructions

Methodology and guidelines for development of social assessment

Guidelines for expropriation and / or resettlement

Integrated pest management plan.

In the presentation, the procedures that are not mentioned in the regulations of B&H were emphasized, but which, according to the operational procedures of the World Bank, must be implemented. After that, Ms Sanda Midžić Kurtagić gave floor to Ms Elma Zahirović from the company „Prism Research“ to explain in more detail the social assessment and other assessments related to the local population. The following was presented:

Risks and risk mitigation measures,

Work methodology for social assessment and other assessments related to the

local population.

Ms Elma Zahirović explained that the local population was directly interviewed, namely the land users in FB&H and those living in the close surroundings of the area planned for irrigation in the Republic of Srpska, and results of these interviews, for the area of subproject Goražde were presented. Ms Zahirović thanked all the present and gave floor to Ms Sanda Midžić Kurtagić, who shortly presented the Integrated Pest Management Plan (IPMP), and mentioned that it was done on the basis of field survey, talks with the municipality representatives, representatives of farmers associations, and farmers themselves. She mentioned that the IPMP took into account the contribution of the FARMA project in management of phytopharmaceutical agents, as well as the recommendations of the B&H Plant Protection Agency. The results that this Agency achieved so far with regard to the B&H

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border police training were presented. It was also mentioned that the steps are currently being undertaken to set up programmes to make an inventory of all agricultural pharmacies in B&H. She mentioned that so far some training sessions for agricultural producers in B&H have been implemented, but not to a large extent, and added that the training must continue. Ms Midžić Kurtagić thanked all the present for their time and opened the public hearing. Mr Mirsad Hubanić, MSc in agricultural science, said that the part of the IPMP relating to “burning and plowing in” of infected plants must be replaced, and that the term “burning” must be avoided, as it is destroying the micro flora and fauna of land, and added that some alternative solution must be found. Ms Jasminka Žurovec, Dr of agricultural science, expressed her disagreement with the required quantities of water per crop in the area of Goražde, and gave a remark that these quantities must be analysed very carefully and in detail for the microclimate of analysed areas. Ms Midžić Kurtagić thanked for the suggestions and added that all the comments are welcome, however, this is not related to the Environmental Management Framework (EMF), which is the topic of this public hearing. She added that this comment is more related to the design part, and that the design team will be informed about it. Ms Jasminka Žurovec, Dr of agricultural science noted one mistake in the Environmental Management Framework for Goražde, and mentioned that the soil in the analysed area is not a humus-silicate soil (ranker) but alluvium. It is considered that the part about soil and erosion has not been elaborated with good quality, i.e. that the map showing direction of the land parcels and levelling of the ground is missing, and this map is necessary for the assessment of possible erosion. Ms Midžić Kurtagić thanked for the comments and explained that the Environmental Management Framework, according to its character and contents, is not an environmental impact study, and that is the reason why it does not contain maps, calculations and analyses. According to the OP 401 of the World Bank, this project is in the group of B projects, which do not have significant impact on the environment, and only a Plan needs to be prepared for such project. According to the Federal regulations, for such type of project, not even an environmental permit is necessary. Therefore, the detailed research is not part of the Plan, and the Plan is focusing on identification of problems and proposal of measures. In the context of the remark that erosion must be included as a problem, this suggestion was accepted, and it will be included along with the specification of appropriate measures. Also, the type of soil in the concerned location will be checked, and possible mistake corrected. For preparation of this section, the official data from the Prefeasibility Study was used. Mr Esad Bukalo, agricultural engineer, also said that it is necessary to pay attention that this is an alluvium dominated by fluvio soils, and that he will read this document in detail and send his comments in written form if he has any. Mr Marinko Pranjić, civil engineer and representative of the Ministry of Agriculture, Water Management and Forestry of the Herzegovina-Neretva Canton, mentioned that the used term “concession for water intake” is not adequate, and that the term from the Law should be used. Also, it was proposed that the cantonal regulations on concessions, according to which the concessions for priority projects will be granted, should be precisely defined. He also asked for the information about the type of reconstruction in Mostarsko blato, and whether this will be a reconstruction and modernisation of the system, or just the reconstruction of the existing one.

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Mr Andrija Kraljević, agricultural engineer, representative of Široki Brijeg Municipality, said that this will be the reconstruction of the existing system in Mostarsko Blato, which was the wish of the local population due to the level of costs and tradition of use. He also added that a more modern system would cost as much as all the projects together, I.e. 10 times more than the proposed reconstruction options. Mr Marinko Pranjić, civil engineer, added that there is a problem with how to supply water at the time when the quantities are smallest, but when the farmers need it the most, and expressed his wish to include supply options in the design. Ms Midžić Kurtagić thanked for the suggestion and said that it will be incorporated into the final version of the document. All participants agreed that in the modern world agriculture is the largest polluter and user of water, and that, from the aspect of water use and pollution, during design, it is necessary to take into account the water needs, quantities of water available, and design solutions that use water efficiently. Mr Alojz Dunđer, forestry engineer, added that the existing modelling and quantities of water necessary for crops were done with the help of international consultants who are renowned experts in their professions. At the end, he thanked all the present one more time, and invited them to the public hearing related to the Environmental Management Plans, which should take place at the end of January or beginning of February 2012, and added that the mentioned suggestions should be incorporated into the documents. List of participants can be found below.

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Banja Luka, 23 December 2011

Minutes Of the public hearing “Environmental Management Framework (EMF), Bosnia and

Herzegovina Irrigation Development Project” (IDP), Banja luka, 23 December 2011

At the beginning of the public hearing, Mr Nebojša Jakšić, engineer, representative of the PIU in the field of agriculture in RS, welcomed all the present and explained the purpose and subject of the public hearing. He added that it is expected for the operational part to start at the beginning of summer 2012, and that the task of PIU is to make all necessary preparations in order for the WB to approve the project. Mr Jakšić then invited Ms Sanda Midžić Kurtagić to take the floor and start the presentation of the Environmental Management Framework (EMF). Ms Sanda Midžić Kurtagić welcomed all the present, and briefly explained what is the purpose of the Environmental Management Framework (EMF), purpose of the procedures that need to be implemented and announced the presentation and consultations with the stakeholders, which should take place at the end of January or the beginning of February 2012. The following was presented:

Environmental Assessment Procedure for irrigation projects

Integration with other procedures

Checklist for simple reconstructions

Methodology and guidelines for development of social assessment

Guidelines for expropriation and / or resettlement

In the presentation, the procedures that are not mentioned in the regulations of B&H were emphasized, but which, according to the operational procedures of the World Bank, must be implemented. It was emphasized that, according to the regulations in RS, the environmental impact assessment must be developed for the projects of irrigation system reconstruction, and that the prepared Environmental Management Plan must be supplemented and harmonised with the requirements of the preliminary assessment. After that, Ms Sanda Midžić Kurtagić gave floor to Ms Elma Zahirović from the company „Prism Research“, to explain in more detail the social assessment and other assessments related to the local population. The following phases of social framework assessment were presented:

• Phase 1. Overview of the existing data and preparation of instruments

• Phase 2. Qualitative research

• Phase 3. Quantitative research

Ms Elma Zahirović explained that for the priority projects, the local population living in the close surroundings of the location was interviewed, considering that the future user of the irrigation system is one legal entity, i.e. the concessionaire, the system is sized also for the possible extension of 20%, which could then be used by the individual farmers. Afterwards, the Integrated Pest Management Plan (IPMP) was shortly presented, and it was mentioned that it was prepared on the basis of field survey, talks with the

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municipality representatives, representatives of farmers associations, and farmers themselves. It was mentioned that the IPMP took into account the contribution of the FARMA project in management of phytopharmaceutical agents, as well as the recommendations of the B&H Plant Protection Agency. The results that this Agency achieved so far with regard to the B&H border police training were presented. It was also mentioned that the steps are currently being undertaken to set up programmes to make an inventory of all agricultural pharmacies in B&H. She mentioned that so far some training sessions for agricultural producers in B&H have been implemented, but not to a large extent, and added that the training must continue. Ms Midžić Kurtagić thanked all the present for their time and opened the public hearing. Mr Nebojša Šukuljica, engineer, thanked for the extensive and detailed presentation and emphasized that it was very demanding to collect all the presented information. He added that he expects that no additional studies will be necessary, and that the entire project should be as simplified as possible. Mr Jakšić explained that the project areas were selected in accordance with the Agricultural Strategy of RS, which is in accordance with the main objective of RS to achieve economic prosperity through granting of concessions for use of land in state ownership, and that these concessions are intended to be granted to legal entities. He mentioned that the small producers will be able to connect to the irrigation system, which will be emphasized in the concession agreement as the obligation of the concessionaire. He added that some project components shown in the introduction of the framework document were changed, and asked for this part to be harmonised with the current situation. This suggestion will also be sent in writing to the project team. Mr Slavko Knežević, agricultural engineer, mentioned that the responsible Ministry in RS should request the water authorisation for all users. Mr Jakšić added that for the subproject Lijevče polje this will be done as it is located on the territory of two municipalities, while for the other subprojects this will not be possible and the water authorisations must be requested by the Water Users Associations, cooperatives or concessionaires. Mr Miroslav Tanasić, technology engineer, emphasised that it is necessary to explain the system of Water Users Associations, and asked for the explanation whether these associations will be registered in court, and whether the inspection will be able to access the irrigated land and the irrigation system itself. Mr Jakšić explained that every association will be registered by court, and that the inspection authorities will be able, at any time, to access the land and the irrigation system. Mr Miroslav Tanasić added that it would be good to apply for the water guidelines and location conditions before initiation of the preliminary assessment procedure, in order to be able to incorporate them into the document before the preliminary assessment. In this context, he suggested the project team to change the order of steps shown in the framework documents. Mr Želimir Mirjanić, agricultural engineer, asked how will, in the future irrigation projects, where the system users are individual farmers, relations between them be regulated in terms of maintenance, water use and costs coverage? Ms Sanda Midžić Kurtagić mentioned that the results of the qualitative research within the social assessment showed that the inhabitants in some project areas share the same concern. Mr Jakšić replied that he does not see any problem with this issue, as such associations already exist and no problems have been recorded so far. Mr Miroslav Tanasić asked who is managing this system and who owns it?

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Mr Jakšić replied that the irrigation system is state owned while the concessionaire is managing it. Mr Knežević asked who is responsible for cleaning of the system and who is to solve possible system malfunctions? He added that the regulations in RS with regard to this issue are complex and that there are special firms for maintenance of such systems. Mr Jakšić replied that the maintenance of the system is the responsibility of the persons managing it, i.e. of the cooperative, association or some other concessionaire. He added that he agrees that the regulations are slightly complex, but the user of the system must conclude a contract with the company for maintenance of the system. Mr Tanasić added that in the field, this is not functioning. Mr Jakšić concluded the public hearing thanking to the HEIS team and all the present. He said that he was sorry that only a small number of people was present and that he expects a larger number of people at the hearing at the end of January or beginning of February 2012 as well as a better quality discussion. He added that he expects for the agreed changes to be made by the end of January 2012. The attendance sheet is given below.

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ANNEX 2. GUIDES HOW TO LEAD DISCUSSIONS IN FOCUS GROUPS AND FOR INTERVIEWS

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Focus groups Moderator’s Guide

October, 2011

INTRODUCTION (10 minutes)

The main goal of the introduction is to inform the participants as to the reasons for the discussion, how the participants were recruited, to offer insight in the discussion process as well as the explanation how the answers will be registered. One more goal of the introduction is to present the moderator and the participants. First, I would like to greet you and present myself. My name is __________ , I am a

psychologist and I work for PRISM RESEARCH, an agency for social, marketing and media research.

You have been invited to participate in the today’s focus group because we want to get to know your opinion and feelings regarding the discussion subject.

This is not a knowledge test. There are no correct and incorrect answers. Each sincere answer is the right one. You have been selected at random and as such you represent a large group of similar characteristics. However, I would like you to express your opinions and feelings today instead of talking about what you suppose the opinions and the feelings of that group are.

During the discussion, I will be asking questions and, from time to time, ask each of you to say something. However, I would like to encourage you to join the discussion and not to interrupt others when they speak. That is the main rule of the today’s discussion: allow everybody to express his or her opinion and feelings. In the end of the discussion, you will have an opportunity to ask questions.

Due to the limited time and number of questions, I have to ask you to limit your answers and the discussion as to the question I have asked. If you drift away from the topic, I will interrupt you and say “thank you” and then move on to the next question or ask some other participant to say something. Everybody will have an opportunity to express his or her opinion. The discussion will not last more than 90 minutes.

Your participation in this research is completely anonymous. We are not interested in your identity. During research, nobody except our research team will have access to what you will say today.

As you can see, the today’s conversation will be recorded. We have to that because it is impossible for me to talk to you and write down your answers at the same time. Besides, by listening to the recording, other researchers will have an opportunity to analyse the today’s discussion. The statements given during the discussion will not be published.

Now I would like you to present yourselves. You can say just your name, it does not have to be the real name, or a nickname and some basic information: how old you are, education level, if you own/manage/use agricultural land etc.

GENERAL OPINION ON THE AGRICULTURAL SECTOR AND THE KEY PARTICIPANTS (15 min) 1. What do you think about the situation in the agricultural sector in BIH? What are the

main problems? And in your region/canton/municipality?

2. Which agricultural sectors do you regard as the ones with the most potential for development in BIH? Which potentials and limitations does agricultural entrepreneurship have on the local level here (the infrastructure, the locations, urbanism, the construction etc.)? How do you assess the attitude of the municipality/local authorities towards the agricultural workers?

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3. Who are the main participants (companies, cooperatives/associations, state structures) in agriculture in your region/canton/municipality?

DATA REGARDING THE AGRICULTURAL ACTIVITIES (15 minutes)

4. How much land do you own/use? How many pieces of land? What is the acreage of the land/pieces of the land in use for agricultural productions?

5. The cultures that you grow on your land/pieces of land that you use?

6. The crops, approximately per year (the last 3 years) per culture?

7. The number of workers on the land/part-time/permanent?

8. The agricultural equipment and mechanisation used (hothouse production or…)?

9. Do you currently use some system of irrigation? If so, which one? Name the existing irrigation method (hand pumps, petrol/diesel pump, „drop by drop“)

10. How much does it currently cost to use and maintain the irrigation system (for example, purchase of pumps, pipes, sprinklers, cost of pump usage – petrol, electricity)?

11. How much can you save, earn per year?

12. Product placement (for personal needs, locally, further).... Do you use your products only at home or do you sell them?

13. Name the biggest/most difficult problem on the specific location (drought, floods, lack of work force, lack of the market for product placement, low buying price ...)

14. What is the future like for your agricultural production, namely what limitations and potentials do you expect in the forthcoming period (i.e. 5 years)?

THE INFLUENCE OF THE PROJECT (30 minutes)

15. Do you know and how much about the Project of irrigation development on this location? If so, who has informed you, how have you found out?

16. What do you think about the basic idea of the Project? (Increase the profitability and productivity of agriculture by means of the improved water management and modernisation of the irrigation system)

17. Will the Project affect agricultural production? If so, in what manner (more crops, more income, growing of different cultures, less expensive work force ....)? Who will be affected the most? If not, why not?

18. What are the main advantages of the projected compared to the current system of irrigation that you use, if you use it? Do you intend to be more serious about agricultural production after the implementation of the project? Do you expect significantly more crops, more income etc.?

19. What are the main shortcomings of the project?

20. Are you ready to invest to additionally build pipes, sprinklers, etc.? How much would you invest?

21. Are you ready to participate in covering the expenses for the functioning/maintaining the new irrigation system after its installation? How much would you invest?

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22. Would you be willing to give for use a piece of your land for the needs of the Project, namely to lay pipes/canal/install the pump? If not, what are your conditions?

23. Would you accept to alternately use the water irrigation system (i.e. every 3, 4, 5 days, depending on the culture that is grown)?

24. What is you opinion if a number of people had to relocate permanently due to the works of one part of the project? Or if one part of the land had to be flooded in order to create water accumulation? What is your opinion about that and what would you expect in return?

25. Do you have a suggestion as to how to solve the irrigation problem on this location in the best manner?

COOPERATION (20 minutes)

26. How do you rate the cooperation with the other local agricultural workers/authorities/associations?

27. Would you use state incentives for agricultural production? If so, under what conditions? If not, why? What do you expect from the power structures regarding help in agricultural production?

28. Have you received some other help from the state structures? Who have you turned to, what institutions and organisations, regarding what issues and how much have you satisfied your needs?

29. Are you a member of an Association of agricultural workers, an Agricultural cooperative or some other agricultural organisation? If so, at what level? If not, why?

30. Have you used some kind of help from the Association/Cooperative? If so, what kind of help? If not, why not? What are your expectations from the Association/Cooperative? In your opinion, what kind of role/task should Associations/Cooperatives have in the Project for irrigation development?

31. Do you need some kind of training regarding the use of the modernised irrigation system? If so, what kind of training? (Training regarding the technologies that save water?)

32. How would you describe your cooperation with the municipal authorities regarding the support for the agricultural production here?

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ANNEX 3. QUESTIONNAIRE FOR THE PARTICIPANTS’ RECRUITMENT IN FOCUS GROUPS

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P01. Are you a citizen of BIH? 1. Yes - Continue! Check the share! 2. No - STOP! P02. Is your permanent place of residence here? 1. Yes - Continue! Check the share! 2. No - Stop! P03. Have you had an opportunity to participate in such or similar research? 1. Yes - Stop! 2. No - Continue! Check the share! P04. Are you an owner/proprietor/user of the land on some of the following locations: MOSTARSKO BLATO or CVILINSKO POLJE, GUNJEVIĆI, KOLOVARICE, HUBIJERI and KAZAGIĆI, ZUPČIĆI, AHMOVIĆI and KODŽAGA POLJE? 1. Yes - Continue! Check the share! 2. No - Stop! P05. Is agriculture the main activity in your household? 1. Yes - Continue! Check the share! 2. No - Stop! P06. Do you use some existing irrigation system for your agricultural production? 1. Yes - Continue! Check the share! 2. No - Continue! Check the share! P07. Sex? (Do not ask!) Stop or continue depending on how many men and women we have for some group! 1. Male - Continue! Check the share! 2. Female – Continue! Check the share! P08. Age? Stop or continue depending on whether the surveyee fits in with his age in the share for some group or not! 1. Less than 30 - Stop and thank the surveyee 2. 30 – 45 - Continue! Check the share! 3. 46 - 65 - Continue! Check the share! 4. More than 65 - Stop and thank the surveyee 5. Thank you! That is all! Depending on whether the contacted person with his /her answers meet the characteristics of the persons that we need for the group discussion, submit or not the invitation for the participation in the focus groups.

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ANNEX 4. INTERVIEWS WITH THE KEY PARTICIPANTS FROM THE MUNICIPALITIES

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Interviews with the key participants from the municipalities

Guide October, 2011

Introduction Present yourself and inform in brief the interlocutor about the research. YOU MUST STATE THE MAIN DETAILS REGARDING THE PROJECT OF IRRIGATION DEVELOPMENT ON THE LOCATION AND MAKE SURE THAT THE INTERLOCUTORS UNDERSTAND THE BASIC ELEMENTS, THAT THEY ARE INFORMED REGARDING THE EXACT LOCATION WHERE THE PROJECT WILL BE CARRIED OUT. Announce the recording with a dictaphone and ask for permission. Questions

1. What do you think of the situation in agriculture in BIH? What are the main problems? Regarding F BiH or RS? Regarding this municipality?

2. What sectors of agriculture do you think have the most potential for development in BiH? Regarding F BiH or RS? Regarding this municipality? And in this municipality?

3. What potentials and limitations does local entrepreneurship have on the local level (the infrastructure, the location, urbanism, the construction etc.)? How do you rate the attitude of the municipality/local authorities towards the agricultural workers?

4. The number of the settlements, the population on the project location? How many live on agricultural production?

5. Who are the key participants (companies, cooperatives, associations, state structures) in the field of agriculture in this area?

6. Do you know and how much about the Project for irrigation development on this location? If so, who has informed you, how have you found out?

33. What do you think about the main idea – «Increase the profitability and productivity of agriculture by means of the improved management and modernisation of the irrigation system»? To what extent do you think this will contribute to the achievement of this goal? How realistic is it to expect that? Do you think that this will affect the agricultural production? If yes, how and in what way (more crops, more income, growing of different cultures, less expensive work force ....)? Who will be affected the most? If not, why not?

7. What kind of influence do you think this project will have on the agriculture in this municipality or area?

8. What are the main shortcomings of the project?

9. What do you think the main problems could be in carrying out, namely the implementation of this project?

10. Do you expect that the implementation of this project will lead to legal property problems? If yes, which ones? Do you think there is a need to expropriate some parts of the land in order to complete the project? Do you think that there is a need for a possible temporary/permanent relocation of the population in order to implement the project?

11. Do you have a suggestion as to how to solve the irrigation problem on this location in the best manner?

12. In your opinion, what kind of role/task should Associations/Cooperatives have in the Project for irrigation development?

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13. Taking into account all that you know about this project and your expectations regarding the results of the project, what do you expect regarding the effects of this project on employment? Do you expect a significant number of new jobs? What profile? Is there a need for experts of certain profiles/employee training?

14. The land on the locations encompassed by the envisaged project of irrigation development is, according to our information, assigned as a concession to a few companies. To what extent do you think the companies have met the criteria required by the concessions?

15. What is the cooperation like between the municipality and the companies? Are there any problems? Do you expect any problems? Do you expect any problems in the implementation of this project regarding that?

16. What is the cooperation like between the companies and the local population? Are there any problems? Do you expect some problems in the implementation of this project regarding that?

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ANNEX 5. INTERVIEWS WITH THE COMPANIES, OWNERS AND USERS OF THE LAND ENCOMPASSED BY THE PROJECT

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The interviews with the companies, owners and users of the land encompassed by the Project Guide

October, 2011

Introduction Present yourself and inform in brief the interlocutor about the research. YOU MUST STATE THE MAIN DETAILS REGARDING THE PROJECT FOR IRRIGATION DEVELOPMENT ON THE LOCATION AND MAKE SURE THAT THE INTERLOCUTORS UNDERSTAND THE BASIC ELEMENTS, THAT THEY ARE INFORMED REGARDING THE EXACT LOCATION WHERE THE PROJECT WILL BE CARRIED OUT. Announce the recording with a Dictaphone and ask for permission. Questions

1. What do you think of the situation in agriculture in BIH? What are the main problems? Regarding F BiH or RS? Regarding this municipality?

2. What sectors of agriculture do you think have the most potential for development in BiH? Regarding F BiH or RS? Regarding this municipality? And in this municipality?

3. What potentials and limitations does local entrepreneurship have on the local level (the infrastructure, the location, urbanism, the construction etc.)? How do you rate the attitude of the municipality/local authorities towards the agricultural workers?

4. Who are the key participants (companies, cooperatives, associations, state structures) in the field of agriculture in this area?

5. How many employees do you have? Permanent, temporary?

6. How much acreage does your company use? What cultures are grown?

7. Do you place your products locally or do you sell them to others?

8. Do you currently use some system of irrigation? If so, which one? Name the existing irrigation method (hand pumps, petrol/diesel pump, „drop by drop“)

9. How much does it cost to use and maintain the irrigation system (for example, purchase of pumps, pipes, sprinklers, cost of pump usage – petrol, electricity)?

10. How much can you save, earn per year?

11. Name the biggest/most difficult problem on the specific location (drought, floods, lack of work force, lack of market for product placement, low buying price ...)

12. What is the future like for your agricultural production, namely what limitations and potential do you expect in the forthcoming period (i.e. 5 years)?

13. Do you know and how much about the Project for irrigation development on this location? If so, who has informed you, how have you found out?

14. What do you think about the basic idea of the Project? (Increase the profitability and productivity of agriculture by means of the improved water management and modernisation of the irrigation system)? To what extent do you think this will contribute to the achievement of this goal? How realistic is it to expect that? Do you think that this will affect the agricultural production? If yes, how and in what way (more crops, more income, growing of different cultures, less expensive work force ....)? Who will be affected the most? If not, why not?

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15. What are the main shortcomings of the project?

16. What do you think the main problems could be in carrying out, namely the implementation of this project?

17. Can you tell me more about the current legal property situation regarding the land that your company, cooperative uses on this location? Are there any legal property problems? In relations with the neighbouring or other companies that use the land?

18. Do you expect that the implementation of this project will lead to legal property problems? If yes, which ones? Do you think that there is maybe a need to expropriate some parts of the land in order to complete the project? Do you think that there is a need for a possible temporary/permanent relocation of the population in order to implement the project?

19. Taking into account all that you know about this project and your expectations regarding the results of the project, what do you expect regarding the effects of this project on employment? Do you expect a significant number of new jobs? What profile? Is there a need for experts of certain profiles/employee training?

20. What effect will the implementation of this project have on your business regarding the use of the land, new jobs, production increase, product placement etc.?

21. Do you need some kind of training regarding the use of the modernised irrigation system? If so, what kind of training? (Training regarding the technologies that save water?)

22. Are you ready to invest to additionally build pipes, sprinklers, etc.? How much would you invest?

23. Are you ready to participate in covering the expenses for the functioning/maintaining the new irrigation system after its installation? How much would you invest? In what manner?

24. Do you have a suggestion as to how to solve the irrigation problem on this location in the best manner?

25. In your opinion, what kind of role/task should Associations/Cooperatives have in the Project of irrigation development?

26. What is the cooperation like between the municipality and the companies? Are there any problems? Do you expect any problems? Do you expect any problems in the implementation of this project regarding that?

27. What is the cooperation like between the companies and the local population? Are there any problems? Do you expect some problems in the implementation of this project regarding that?

133

ANNEX 6. QUESTIONNAIRES FOR THE SURVEY WITH THE HOUSEHOLDS THAT ARE THE POTENTIAL USERS OF THE PROJECT

134

135

the coordinator, state that this questionnaire has been reviewed in accordance with all the instructions for the questionnaire review!

Date and signature: ________________________________________________

NOT TO BE FILLED OUT BY THE SURVEYOR!

Code of the questionnaire in SS

Operator’s code

Control and encoding

Yes

No

Code

Control

1 2

Encoding

1 2

Logic control code Total number of the questions

with a mistake

READ BEFORE THE BEGINNING OF THE INTERVIEW! DO NOT WRITE DOWN THE ANSWERS IN THE QUESTIONNAIRE! P01. Are you an owner/proprietor/user of the land on some of the following locations: Mostarsko Blato / Cvilinsko polje, Gunjevići, Kolovarice, Hubijeri and Kazagići, Zupčići, Ahmovići and Kodžaga polje? (Note to the surveyor: Check the share for each of the aforementioned locations!) 1. Yes ► P02 2. No ► STOP THE INTERVIEW! P02. Do you deal with agricultural production, namely do you work the land on your piece of land/pieces of land on some of the following locations: Mostarsko Blato / Cvilinsko polje, Gunjevići, Kolovarice, Hubijeri and Kazagići, Zupčići, Ahmovići and Kodžaga polje? 1. Yes ► P03! 2. No ► STOP THE INTERVIEW! P03. Can I talk to the head of your household or some other person who knows best the data regarding the agricultural production, namely working the land and some financial issues? 1. Yes ► Q1! 2. No ► STOP THE INTERVIEW!

FILLED OUT BY THE SURVEYOR! Surveyor’s code

Coordinator’s code

INTERVIEW DATE

DATA FROM THE SAMPLE SPECIFICATION OR CONTACT LISTS! CONTACT LIST CODE

MUNICIPALITY 8.1.1.1.1.1.1.1

PLACE 8.1.1.1.1.1.1.2

STREET NAME 8.1.1.1.1.1.1.3

HOUSE NUMBER

FLOOR NUMBER

APARTMENT NUMBER

DESCRIPTION ADDRESS: Write down only if there is no house number!

FILLED OUT BY THE SURVEYOR!

TIME OF THE BEGINNING OF THE INTERVIEW!

HOUR MIN

NOTE TO THE SURVEYOR:

For each address you have visited between the last address where you completed the survey and this address write down the answers to the questions from U1 to U5.

U1. The number of the persons that you have contacted from the last carried out survey until this one, AND ANSWERED WITH “YES” TO THE QUESTIONS P01 I P02, but refused to participate in the survey? (Write down „0“if it is the first survey on the sample point or if there have been no such addresses!) Write down the number! U2. What are the reasons for refusal by these persons? (In the column „Total“ write down the number for each reason as it was stated!)

Reasons Total

1 – Too busy, does not have time, has other obligations, bad health

2 – Not interested 3 – Not competent, does not know anything, does not want to

4 – Afraid, does not want to violate privacy 5 – Already surveyed, does not believe in surveys etc. 6 – Other – State! Sum Note: The total sum for all the items in this table must correspond to the number written for the question U1. If “0” is written for U1, this table can remain empty! U3. Sex of the persons that refused? (In the column „Total“ write down the total number for all male and female surveyees that refused!)

Sex Total

1- Male 2- Female Sum Note: The total sum for all items in this table must correspond to the number written for the question U1. If “0” is written for U1, this table can remain empty! U4. Age of the persons that refused? (In the column “Total” write down the number of all the surveyees who refused according to the estimated age!)

Age Total

Less than 30

136

31 – 50 51 and more Sum Note: The total sum for all the items in this table must correspond to the number written down for question U1. If “0” is written for U1, this table can remain empty! U5. Between the last carried out survey and this one, how many addresses did you visit at least twice or three times and did not find anyone at home after the second attempt and therefore give up trying to contact them? (Write down „0“ if it refers to the first survey on the sample point or if there were no such addresses!) Write down the number!

U5. Between the last carried out survey and this one, at how many addresses the surveyees, namely the household was not the owner/proprietor/user of the land, or does not deal with agricultural production, or the head of the household was not present during the visit (ANSWER «NO» TO THE QUESTIONS P01, P02 AND P03)? (Write down „0“ if it refers to the first survey on the sample point or if there were no such addresses!) Write down the number!

SURVEYOR: READ BEFORE THE INTERVIEW! ATTENTION: WHILE CONTROLLING THE WORK OF THE

SURVEYORS, WE SHALL ASK THE SURVEYEES IF THE SURVEYORS HAVE READ THIS TEXT. IF THEY DID NOT

READ THIS TEXT, THE SURVEY WILL NOT BE VALID.

Prism research, a professional agency for public opinion research carries out regular surveys of the citizens of Bosnia and Herzegovina about their attitude and opinions regarding many different issues and problems.

This survey is carried out on a random sample of more than 200 households, agricultural producers on these locations: Mostarsko Blato / Goražde-Ustikolina. The participation in this survey is completely anonymous and voluntary.

Agency Prism research, as a member of ESOMAR, the world organisation of the professionals in the field of public opinion, respects all professional and ethical codices regarding the protection of the surveyees’ anonymity. The answers given in the survey are only analysed collectively, never individually.

Your opinion is very important because your household is one of more than 200 households, agricultural producers chosen at random to participate in this survey. Therefore, we ask you to participate and be patient. Let’s start.

Most of the people usually participate in this kind of a survey for the first time. Therefore, let me tell you something more how the survey is carried out.

I will be reading the questions from the questionnaire exactly as they are written. Each surveyee will answer the same questions. In most cases you will respond to the asked questions choosing one of the suggested answers that I will read to you as well. A small number of questions will require your answers with words.

If you do not understand the question that I have read or it is not clear, please say so. I will read it again. I cannot help you while you are giving answers because we are interested in your opinions. Therefore, we ask you to be as sincere as possible when giving answers.

When you do not know or, for a specific reason, cannot or do not want to answer, please say so. It is better to say that than give a dishonest answer.

If you are not sure during the interview or you do not understand the question, please ask me to repeat the question.

It is very important that your answers are complete and sincere. Think freely regarding each question. Ask me anything you do not

understand. Before we begin, I would like to agree with you that you will give honest answers to the questions I ask, the way you think and feel. When you think that you cannot give an honest answer, please say so. We can always move on to the next question. Do you promise?

Let’s start with the first question.

Q1. Are you an owner, proprietor or lessee of a piece of land on the locations Mostarsko Blato / Goražde-Ustikolina (ATTENTION, SURVEYOR, EXPLAIN TO THE SURVEYEE: Owner - legal right to own the land, use it and deal with it, in accordance with its nature and purpose; Proprietor – conscientious possession of the land that is owned by another person (uses the agricultural land legally and in accordance with the purpose of the land); Lessee – use of the land owned by another person on a contractual basis. Encircle only one answer!) 1. Owner ► Q2 1 2. Proprietor ► Q4 2 3. Lessee ► Q3 3 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9

Q2. Did you inherit or buy the land? (Encircle just one answer!)

1. Inherit 1 2. Buy 2 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9

Go to Q4!

Q3. Under what conditions do you use the land as a lessee: how long (in years), how much per year (in KM)? (Please state the answer for both items!)

a. Period (in years) b. Price in KM, yearly total

Do not read! 98. Does not know 99. Does not want to answer

Do not read! 98. Does not know 99. Does not want to answer

Q4. Please state the acreage of the land that you own/possess/lease? What is the acreage used for agricultural production? (Please state the answer for both items!)

a. Acreage that is owned/possessed/leased

b. Acreage used for agricultural production

Do not read! 98. Does not know 99. Does not want to answer

Do not read! 98. Does not know 99. Does not want to answer

Q5. How many separate pieces of land do you use for agricultural production?

1. One ► Q7 1 2. More ► Q6 2 Q6. Can you state the number of the pieces of the land? (Write down the number!)

Do not read! 98. Does not know/Not sure 98 99. No answer/Refusal 99 Q7. Can you estimate the current market value of your land in KM per m2 that you own, possess? (Write down the number in KM!)

Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9

137

Q8. Which of the stated cultures do you grow? If you grow some other cultures, please state which ones! (It is possible to encircle more than one answer in the column Q8 of the table for writing down the answers Q8-Q10!)

Q9. What is your average production per culture, expressed in kilogrammes? Take into account the average for the last three years. Please state! (Write down the answers for each culture named in the question Q8! For others write «0»)

Q10. How much do you sell per culture every year, expressed in kilogrammmes? ? Take into account the average for the last three years. Please state! (Write down the answers for each culture named in the question Q8! For others write «0»)

TABELA: Q8-Q10

Answer Q8 Q9

in kg Q10 in kg

1. Corn 1 2. Wheat 1 3. Buckwheat 1 4. Vine 1 5. Potato 1 6. Onion/Garlic 1 7. Lettuce 1 8. Carrot 1 9. Paprika 1 10. Tomato 1 11. Cabbage 1 12. Tobacco 1 13. Berries 1 14. Fruit 1 15. Flowers 1 Something else? Please state! (Write down the answer!) 16. 1 17. 1 18. 1 19. 1 20. 1 Do not read! 98. Does not know/Not sure 98 99. No answer/Does not want to answer 99 Q11. How many permanent workers do you have? How many workers are part-time, seasonal? (Please state the answer for both items!)

a. Number of permanent workers b. Number of part-time/seasonal workers

Do not read! 98. Does not know 99. Does not want to answer

Do not read! 98. Does not know 99. Does not want to answer

Q12. Are all adults that are permanent workers on your land from your household? (Encircle just one answer!)

1. Yes 1 2. No 2 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q13. What agricultural equipment and mechanisation do you own? (It is possible to encircle more than one answer!)

Answer Answer

1. Hothouse 1 2. Motocultivator 1 3. Combine 1 4. Tractor 1 5. Milling machine 1 Something else? Please state! (Write down the answer!) 6. 1 7. 1 8. 1 9. 1

Do not read! 98. Does not know/Not sure 98 99. No answer/Does not want to answer 99 Q14. Do you currently use some irrigation system? (Encircle just one answer!)

1. Yes ► Q15 1 2. No ► Q18 2

Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q15. What kind of irrigation system do you use? If some other irrigation system, please state! (It is possible to encircle more than one answer!)

Answer Answer

1. Hand pumps 1 2. Electric/diesel pumps 1 3. Pipes in the ground 1 4. Drop by drop 1 Something else? Please state! (Write down the answer!) 5. 1 6. 1 7. 1 8. 1 9. 1 Do not read! 98. Does not know/Not sure 98 99. No answer/Does not want to answer 99 Q16. In your estimate, how much does the irrigation system that you currently use improve your volume, expressed in percentage? (Write down the number!)

Do not read! 0. Does not know/Not sure 0 1. No answer/Refusal 1 Q17. What is the monthly cost to use the irrigation system during the most intense watering season (i.e. Pump use cost – petrol, electricity, maintenance, water etc.)? Please state the amount in KM! (Write down the number!)

Do not read! 0. Does not know/Not sure 0 1. No answer/Refusal 1 Q18. Please tell us, regarding the following or some other main items of the costs of your agricultural production, how much do they amount to in the total cost of the production? (For each item write down the estimate in %! Make sure that the total percentage sum is 100%)

Answer Answer in %

1. Purchase of seeds 2. Protection instruments 3. Mechanisation rent 4. Irrigation 5. Additional work force 6. Manure Something else? Please state! (Write down the answer!) 7. Total 100% Q19. What is your average yearly income from the agricultural production in the last three years? Please state the amount in KM! (Write down the number!)

Do not read! 0. Does not know/Not sure 0 1. No answer/Refusal 1

138

Q20. Where do you place/sell your agricultural products? (It is possible to encircle more than one answer!)

1. Personal use 1 2. Local market 1 3. Throughout BIH 1 4. Abroad 1 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9

Q21. Which of the following problems or some other problems affect your agricultural production the most? (It is possible to encircle more than one answer!)

1. Drought 1 2. Floods 1 3. Shortage of work force 1 4. Small market 1 5. Low buying price 1 6. Disloyal competition 1 7. Shortage of quality seeds 1 8. Expensive compost 1 9. Something else? Please state! (Write down the answer!))?

1 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q22. What are your agricultural production expectations in the forthcoming period, i.e. 5 years? (Encircle just one answer!)

1. Will improve a lot ► Q23 1 2. Will improve to some extent ► Q23 2 3. Approximately the same 3 4. Will worsen to some extent ► Q23 4 5. Will worsen a lot ► Q23 5 Do not read! 8. Does not know/Not sure ► Q24 8 9. No answer/Refusal ► Q24 9

Q23. Why do you think so? Can you state three reasons at most! (Write down the answer!)

Do not read! 98. Does not know/Not sure 98 99. No answer/Refusal 99 Q24. Have you heard something about the Project of irrigation development in F BiH that will be implemented on a few locations? The proposed locations are Mostarsko Blato / Cvilinsko polje, Gunjevići, Kolovarice, Hubijeri and Kazagići, Zupčići, Ahmovići and Kodžaga polje. (Encircle just one answer!)

1. Yes 1 2. No 2 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9

Q25. The Project of irrigation development in BiH, which will be implemented among other locations on the location of Mostarsko Blato, envisages the renewal and partial widening of the existing irrigation system/Goražda-Ustikoline, building of a new irrigation system in: Cvilin, Gunjevići, Kolovarice, Hubijeri, Kazagići, Zupčići, Ahmovići and Kodžaga Polje. The Project wants to enable the users to influence the price and the way water is used. It is planned to establish the Users’ Association in this area. The Project’s goal is to increase the profitability and productivity of agriculture by means of improving the reliability and sustainability of the irrigation system. In your opinion, how much will the improved irrigation affect your agricultural production? (Encircle just one answer!)

1. A lot ► Q27 1 2. To some extent ► Q27 2 3. A little ► Q26 3 4. Not at all ► Q26 4 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9

Q26. Why do you think so? Can you state three reasons at most! (Write down the answer!)

Do not read! 98. Does not know/Not sure 98 99. No answer/Refusal 99

Go toQ30!

Q27. In percentage, how much will such an irrigation system improve your production on average? (Write down the number!)

Do not read! 0. Does not know/Not sure 0 1. No answer/Refusal 1

Q28. In percentage, how much will such an irrigation system improve your yearly sales on average? (Write down the number!)

Do not read! 0. Does not know/Not sure 0 1. No answer/Refusal 1 Q29. In your opinion, in what of the following ways will this planned irrigation system lead to more crops, namely more earnings? (Ask separately for each item!)

Item

Answer

Yes No DN NA

a. The crops will increase due to more water supply

1 2 8 9

b. It will create the conditions to grow some more profitable cultures

1 2 8 9

c. It will create the conditions for more land to be used

1 2 8 9

d. Something else? Can you state?

1 2 8 9

Q30. If you are required to participate and invest in the new irrigation system, first by buying and installing the pipes, sprinklers etc. for your pieces of land, how likely is it that you will personally invest? (Encircle just one answer!)

1. Definitely yes 1 2. Probably yes 2 3. Probably not 3 4. Definitely not 4 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q31. If you are required to participate and cover the expenses of the maintenance and use of this new irrigation system, how likely is it that you will personally participate in such expenses? (Encircle just one answer!)

139

1. Definitely yes 1 2. Probably yes 2 3. Probably not 3 4. Definitely not 4 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q32. Would you be willing to cede a part of your land so that the Project can be accomplished, namely for the installation of the pipes / canals / pumps and similar? (Encircle just one answer!)

1. Yes ► Q33 1 2. No ► Q34 2 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q33. If you are to accept to cede a part of your land for these needs, what are your conditions? What do you want in return? State three answers at most!(Write down the answer!)

Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9

Go to Q35!

Q34. And what are really the conditions that you would accept to cede a part of your land for the needs of the Project of irrigation development? State three answers at most!(Write down the answer!)

Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q35. Would you accept expropriation of a part of your land (subject of expropriation/compensation) if it were necessary for the construction of the irrigation system? (Encircle just one answer!)

1. Yes ► Q36 1 2. No ► Q37 2 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9

Q36. What are the conditions that you would accept regarding your land as the subject of expropriation? What do you want in return? State three answers at most! (Write down the answer!)

Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9

Go toQ38!

Q37. And what are really the conditions that you would accept regarding your land as the subject of expropriation? State three answers at most!(Write down the answer!)

Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9

Q38. Would you accept to relocate temporarily if it were necessary for the construction of the irrigation system? (Encircle just one answer!)

1. Yes ► Q39 1 2. No ► Q40 2 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q39. What are the conditions that you would accept regarding temporary relocation? What do you want in return? State three answers at most!(Write down the answer!)

Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9

Go toQ41!

Q40. And what are really the conditions that you would accept regarding temporary relocation? State three answers at most! (Write down the answer!)

Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q41. Would you accept permanent relocation if it were necessary for the construction of the irrigation system? (Encircle just one answer!)

1. Yes ► Q42 1 2. No ► Q43 2 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q42. What are the conditions that you would accept regarding permanent relocation? What do you want in return? State three answers at most!(Write down the answer!)

Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9

Go to Q44!

Q43. And what are really the conditions that you would accept regarding permanent relocation? State three answers at most!(Write down the answer!)

140

Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q44. I have a list of the participants in the field of agriculture/water management that you maybe cooperate with. While I am reading each of the items on the list, please say if you cooperate or not with each of the mentioned participants. (Write down the answer for each item!) Encircle only one answer for each item!)

Item Ye

s

No

Do

es

no

t k

no

w

No

an

swe

r

a) Other local agricultural workers

1 2 8 9

b) Local authority representatives responsible for agriculture

1 2 8 9

c) Local authority representatives responsible for water management

1 2 8 9

d) Associations of agricultural workers/cooperatives

1 2 8 9

e) Companies that process agricultural products

1 2 8 9

NOTE TO THE SURVEYOR! IF THE SURVEYEE ANSWERED WITH «1 – YES» TO ANY ITEM, MOVE ON TO QUESTION Q45. IF THE SURVEYEE ANSWERED WITH «2 – NO», OR WITH «8» OR «9», MOVE ON TO QUESTION Q47!

Q45. Now I would like you to tell me how much you are satisfied with your cooperation with the aforementioned participants. While I am reading each of the items on the list, please say if you are very satisfied, satisfied, not really satisfied or not satisfied at all regarding the cooperation. (Write the answer for each item that the surveyee answered with 1 in question Q44. Encircle only one answer for each item!)

Item

Ve

ry s

ati

sfie

d

Sa

tisf

ied

No

t re

all

y

sati

sfie

d

No

t sa

tisf

ied

a

t a

ll

Do

es

no

t k

no

w

No

an

swe

r

a) Other local agricultural workers

1 2 3 4 8 9

b) Local authority representatives responsible for agriculture

1 2 3 4 8 9

c) Local authority representatives responsible for water management

1 2 3 4 8 9

d) Associations of agricultural workers/cooperatives

1 2 3 4 8 9

e) Companies that process agricultural products

1 2 3 4 8 9

NOTE TO THE SURVEYOR! IF THE SURVEYEE ANSWERED WITH «3 – NOT REALLY SATISFIED» OR WITH “4 – NOT SATISFIED AT ALL”, OR WITH “8” OR “9” TO ANY ITEM, MOVE ON TO QUESTION Q46. IF THE SURVEYEE ANSWERED WITH «1 – VERY SATISFIED», OR WITH «2 - SATISFIED», MOVE ON TO QUESTION Q47!

Q46. Why do you think so? Can you name three reasons at most! (Write the answer for each item that the surveyee answered with 3 in question Q45. )

Item Answer

Do

es

no

t k

no

w

No

an

swe

r

a. Other local agricultural workers

8 9

b. Local authority representatives responsible for agriculture

8 9

c. Local authority representatives responsible for water management

8 9

d. Associations of agricultural workers/cooperatives

8 9

e. Companies that process agricultural products

8 9

Go to Q48!

Q47. Why don’t you cooperate? Can you state a reason? (Write the answer for each item that the surveyee answered with 2 in question Q44. )

Item Answer

Do

es

no

t k

no

w

No

an

swe

r

a. Other local agricultural workers

8 9

b. Local authority representatives responsible for agriculture

8 9

c. Local authority representatives responsible for water management

8 9

d. Associations of agricultural workers/cooperatives

8 9

e. Companies that process agricultural products

8 9

Q48. How much do local authorities consider your requests regarding agricultural production? (Encircle just one answer!) 1. To a great extent 1 2. To some extent 2

141

3. A little 3 4. Very little 4 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q49. Can you influence the decisions made at the local and higher level of power regarding agriculture? (Encircle just one answer!)

1. Yes ► Q50 1 2. No ► Q51 2 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q50. How can you influence the decisions made on the local and higher level of power regarding agriculture? (Write down the answer!)

Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9

Q51. Do you think that the employees in the services of the local authorities responsible for agriculture and water management need management training for the optimal use of water? (Encircle just one answer!)

1. Yes 1 2. No 2 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9

Q52. Have you ever used incentives or some kind of help for agricultural production? (Encircle just one answer!)

1. Yes ► Q53 1 2. No ► Q54 2 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q53. Who gave you that incentive or help? What level of authority? Some association? (It is possible to encircle more than one answer!)

1. Municipality 1 2. Canton 1 3. Entity 1 4. Agricultural cooperative 1 5. Association of agricultural workers 1 6. International organisation 1 7. Something else? Please state! (Write down the answer!)

1 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q54. Are you a member of an association of agricultural workers or an agricultural cooperative? (Encircle just one answer!)

1. Yes 1 2. No 2 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q55. What do you expect from an association of agricultural workers or a cooperative? (It is possible to encircle more than one answer!)

1. Help with seed material and money 1 2. Donation for mechanisation or cattle fund 1 3. Solution to buying products

1

4. Construction of warehouses 1 5. Information 1 6. Representation of common interests 1 7. Something else? Please state! (Write down the answer!)

1 Do not read! 98. Does not know/Not sure 98 99. No answer/Refusal 99 Q56. The Project envisages establishment of an Association of water users that would include all users of the new system of irrigation, including you. Do you think that this Association could take care of the optimal use and distribution of water and maintain the irrigation system? (Encircle just one answer!)

1. Yes ► Q58 1 2. No ► Q57 2 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q57. In your opinion, who should be in charge of water distribution and maintaining irrigation system? (Encircle just one answer!)

1. Municipal agriculture service 1 2. Municipal communal service/company 2 3. Cantonal ministry of agriculture 3 4. Association of agricultural workers 4 5. Some other institution/organisation/company?

(Write down the answer!) 5

Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q58. In your opinion, who should be in charge of determining the price of water usage and maintaining the irrigation system? (Encircle just one answer!) 1. Municipal agriculture service 1 2. Municipal communal service/company 2 3. Cantonal ministry of agriculture 3 4. Federal ministry of agriculture, water management and forestry

4 5. Association of agricultural workers

5 6. Association of water users 6 7. Some other institution/organisation/company?

(Write down the answer!) 7

Do not read! 98. Does not know/Not sure 98 99. No answer/Refusal 99 Q59. Do you need training regarding the planned system of irrigation? (Encircle just one answer!)

1. Yes ► Q60 1 2. No ► D01 2 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q60. Taking into account the following areas and some other, what training would you like? (It is possible to encircle more than one answer!)

1. Optimal planning to irrigate your pieces of land 1 2. Optimal use of irrigation water 1 3. The latest equipment and technology for irrigation 1 4. Representation of common interests regarding irrigation 1 5. Something else? Please state! (Write down the answer!) 1

142

Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9

INSTRUCTION. We have come to the end of the survey. Allow us to ask a few more questions that are necessary for statistical analysis.

D01. Sex? (Do not read! Write down one answer!) 1. Male 1 2. Female 2

D02. How old are you? (Write down the age!)

D03. Can you state your highest level of education? (Read everything and write down only one answer!) 1. No elementary school or not finished 1 2. Finished elementary school 2 3. High school 3 4. Higher school (6th grade) 4 5. Faculty (7th grade) 5 6. Masters/ Doctorate 6 Do not read! 99. Does not want to answer 99 D04. Is agriculture the main activity in your household or additional? (Read all the answers and write down only one answer!)

1. Main 1 2. Additional 2 Do not read! 99. Does not want to answer 99 D05. How many members does your household have? (Write down the number of the members!)

Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 D06. Does somebody from your household work somewhere else, does not participate in your agricultural activities? (Encircle just one answer!)

1. Yes ► D07 1 2. No ► D08 2 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 D07. How many members of your household work somewhere else? (Write down the answer!)

Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9

D08. Besides agricultural production, does your household have other sources of income? (Encircle just one answer!)

1. Yes ► D09 1 2. No ► D10 2 Do not read! 8. Does not know/Not sure 8

9. No answer/Refusal 9 D09. What sources of income are they? (Write down the answer!)

Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 D10. Is agricultural production the main source of income in your household? (Encircle just one answer!)

1. Yes 1 2. No 2 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 D11. How would you describe the average monthly income of your household from all sources, meaning when you calculate all the salaries and all other earnings of all the members of the household? (Encircle only one answer!) 1. Up to 100 KM 1 2. From 101 to 300 KM 2 3. From 301 to 500 KM 3 4. From 501 to 700 KM 4 5. From 701 to 900 KM 5 6. From 901 to 1100 KM 6 7. From 1101 to 1500 KM 7 8. From 1501 to 2000 KM 8 9. From 2001 to 3000 KM 9 10. More than 3000 KM 10 Do not read! 98. Does not know/Not sure 98 99. No answer/Refusal 99

NOTE TO THE SURVEYOR:

CHECK HERE IF YOU HAVE WRITTEN DOWN CORRECTLY THE ANSWERS TO ALL QUESTIONS! IF A CERTAIN NUMBER OF THE ANSWERS TO PARTICULAR QUESTIONS IS NOT IN THE QUESTIONNAIRE, IT WILL NOT BE VALID!

WITHOUT CORRECTLY WRITTEN DOWN ANSWERS TO ALL QUESTIONS ON THIS AND THE FOLLOWING PAGES, THIS QUESTIONNAIRE WILL NOT BE VALID!

Read to the surveyee! We have come to the end of the survey. Thank you for participating. As you can see, the survey process is very demanding. The surveyors must follow very precise instructions. Unfortunately, as in any other job, some surveyors do not do their job conscientiously. Therefore, it is necessary to control their work. That is the only reason why we are asking you to give us a phone number. In the next 7 to 10 days our supervisor might contact you to check if I have asked you the questions from this questionnaire at all, to confirm the accuracy of the data about the members of the household, the random choice of the household, the length of the interview and the accuracy of the written answers to some questions. Besides, the supervisor will be willing to answer any question that you might have regarding this discussion. Telephone1_D17. So, can you give us your phone number if we need to contact you in the future regarding this or some other study? It can be

143

any contact number where we can find you. (DEFINITELY WRITE DOWN!)

TELEPHONE WITH THE AREA CODE

1. Does not want to give the number – Go toTelephone2 1 Telephone2_D17. We understand that people at first can resist giving their phone number. We have said that the survey is anonymous. We have never asked for your name and surname. But if we do not have the phone number, the survey will not be accepted as valid because the work of the surveyor cannot be controlled. We have spent all this time in vain if we do not get your phone number. Therefore, we kindly ask you to give us your phone number (DEFINITELY WRITE DOWN!)

TELEPHONE WITH THE AREA CODE

1. Does not want to give the phone number 1

TIME OF THE END OF THE INTERVIEW!

Hour Min

TO BE FILLED OUT BY THE SURVEYOR AFTER HE/SHE HAS LEFT THE HOUSEHOLD.

I1. What was the day when you carried out the survey? (Encircle only one answer!) 1. Monday 1 2. Tuesday 2 3. Wednesday 3 4. Thursday 4 5. Friday 5 6. Saturday 6 7. Sunday 7 I2. Number of contact attempts? (Meaning how many times did the surveyor contact/visit the surveyee before he found him/her at home or he/she agreed to be interviewed! Write down the number!)

I4. If there were some questions that caused unease, please state the questions that caused the unease the most among the surveyees or if it seemed that they reduced his/her readiness to answer the following questions during the interview (Write down not more than three questions by numbers, from the most important to the least important!)

a) First

b) Second

c) Third

9. There were no questions that caused unease. 9 I5. General assessment of the surveyees’ cooperation during the survey? (Assess on the basis of the general impression during the interview!) 1. Very uncooperative, refused to answer a large number of questions 1 2. Uncooperative, hardly finished the interview 2 3. Cooperative, but gave no detailed answers 3 4. Cooperative, gave some detailed answers 4 5. Very cooperative, gave some additional answers and explanations 5 I6. During this interview, did you face any other difficulties? (Encircle or write down only one answer!) 1. No 1

2. Yes 2 PLEASE STATE IN DETAIL WHAT DIFFICULTIES YOU ARE REFERRING TO AND WHAT THE REASONS FOR SUCH DIFFICULTIES ARE

I7. Sex of the surveyor? (Encircle just one answer!)

1. Male 1 2. Female 2 I8. Age of the surveyor? (Write down the number!)

I9. Nationality of the surveyor? (Encircle just one answer!)

1. Bosniak 1 2. Serb 2 3. Croatian 3 4. Bosnian 4 5. Mixed 5 6. Some other 6

I state that this interview was carried out in accordance with all the instructions for face-to-face interviews with the surveyee selected in accordance with the instructions for the selection of the surveyees!

Date and signature: ____________________________________________

144

RECORD OF THE SURVEYORS’ MISTAKES

Operator’s code Total number of the

questions with a mistake recorded by the operator

RECORD OF THE OPERATORS’ MISTAKES

Controller’s code

Total number of the questions with a mistake

made by the operator while making an entry

TO BE FIILED OUT BY THE CONTROLLERS

CONTROLLER’S CODE

ITEMS YES NO 1. The contact person claims that the survey was carried out in that household in the previous period

1 2

2. The address written in this questionnaire corresponds to the address of the household for which the phone number was given

1 2

3. A member of the household of the mentioned sex and age exists

1 2

6. The surveyor read the introductory text from the questionnaire

1 2

The answers to the control questions from the questionnaire!

Symbol, ordinal number of the question in the questionnaire

Answer written in the questionnaire

Answer stated by the surveyee

during control

145

ANNEX 7. QUESTIONNAIRE FOR THE SURVEY OF THE HOUSEHOLDS THAT COULD BE INDIRECTLY AFFECTED BY THE IDP

147

I, the coordinator, state that this questionnaire has been reviewed in accordance with all the instructions for the questionnaire review!

Date and signature: ________________________________________________

NOT TO BE FILLED OUT BY THE SURVEYOR!

Code of the questionnaire in SS

Operator’s code

Control and encoding

Yes

No

Code

Control

1 2

Encoding

1 2

Logic control code Total number of the questions

with a mistake

READ BEFORE THE BEGINNING OF THE INTERVIEW! DO NOT WRITE DOWN THE ANSWERS IN THE QUESTIONNAIRE! P01. Are you an owner/proprietor/user of the land in the vicinity of Gojkovo polje, Pelagićevo / Novo Selo, Bijeljina? (Note to the surveyor: Check the share for each of the aforementioned locations!) 1. Yes ► P02 2. No ► STOP THE INTERVIEW! P02. Do you deal with agricultural production, namely do you work the land on your piece of land/pieces of land in the vicinity of Gojkovo polje, Pelagićevo / Novo Selo, Bijeljina? 1. Yes ► P03! 2. No ► STOP THE INTERVIEW! P03. Can I talk to the head of your household or some other person who knows the best the data regarding the agricultural production, namely working the land and some financial issues? 1. Yes ► Q1! 2. No ► STOP THE INTERVIEW!

FILLED OUT BY THE SURVEYOR!

Surveyor’s code

Coordinator’s code

INTERVIEW DATE

DATA FROM THE SAMPLE SPECIFICATION OR CONTACT LISTS!

CONTACT LIST CODE

MUNICIPALITY 8.1.1.1.1.1.1.4

PLACE 8.1.1.1.1.1.1.5

STREET NAME 8.1.1.1.1.1.1.6

HOUSE NUMBER

FLOOR

APARTMENT NUMBER

DESCRIPTION ADDRESS: Write down only if there is no house number!

FILLED OUT BY THE SURVEYOR!

TIME OF THE BEGINNING OF THE INTERVIEW!

HOUR MIN

NOTE TO THE SURVEYOR:

For each address you have visited between the last address where you completed the survey and this address write down the answers to the questions from U1 to U6.

U1. The number of the persons that you have contacted from the last carried out survey until this one, AND ANSWERED WITH “YES” TO THE QUESTIONS P01, P02 and P03, but refused to participate in the survey? (Write down „0“if it is the first survey on the sample point or there have been no such addresses!) Write down the number! U2. What are the reasons for refusal by these persons? (In the column „Total“ write down the number for each reason as it was stated!)

Reasons Total

1 – Too busy, does not have time, has other obligations, bad health

2 – Not interested 3 – Not competent, does not know anything, does not want to

4 – Afraid, does not want to violate privacy 5 – Already surveyed, does not believe in surveys etc. 6 – Other – State! Sum Note: The total sum for all the items in this table must correspond to the number written for question U1. If “0” is written for U1, this table can remain empty! U3. Sex of the persons that refused? (In the column “Total” write down the numbers of all the male and female surveyees who refused!)

Sex Total

1- Male 2- Female Sum Note: The total sum for all the items in this table must correspond to the number written down for question U1. If “0” is written for U1, this table can remain empty!

148

U4. Age of the persons that refused? (In the column “Total” write down the number of all the surveyees who refused according to the estimated age!)

Age Total

Less than 30 31 – 50 51 and more Sum Note: The total sum for all the items in this table must correspond to the number written down for question U1. If “0” is written for U1, this table can remain empty! U5. Between the last carried out survey and this one, how many addresses did you visit at least twice or three times and did not find anyone at home after the second attempt and therefore give up trying to contact them? (Write down „0“ if it refers to the first survey on the sample point or if there were no such addresses!) Write down the number!

U6. Between the last carried out survey and this one, at how many addresses the surveyees, namely the household was not the owner/proprietor/user of the land, or does not deal with agricultural production, or the head of the household was not present during the visit (ANSWER «NO» TO THE QUESTIONS P01, P02 AND P03)? (Write down „0“ if it refers to the first survey on the sample point or if there were no such addresses!) Write down the number!

SURVEYOR: READ BEFORE THE INTERVIEW! ATTENTION: WHILE CONTROLLING THE WORK OF THE

SURVEYORS, WE SHALL ASK THE SURVEYEES IF THE SURVEYORS HAVE READ THIS TEXT. IF THEY DID NOT

READ THIS TEXT, THE SURVEY WILL NOT BE VALID.

Prism research, a professional agency for public opinion research carries out regular surveys of the citizens of Bosnia and Herzegovina about their attitude and opinions regarding many different issues and problems.

This survey is carried out on a random sample of more than 200 households, agricultural producers on the locations in the vicinity of Gojkovo Polje/Novo Selo. The participation in this survey is completely anonymous and voluntary.

Agency Prism research, as a member of ESOMAR, the world organisation of the professionals in the field of public opinion, respects all professional and ethical codices regarding the protection of the surveyees’ anonymity. The answers given in the survey are only analysed collectively, never individually.

Your opinion is very important because your household is one of more than 200 households, agricultural producers chosen at random to participate in this survey. Therefore, we ask you to participate and be patient. Let’s start.

Most of the people usually participate in this kind of a survey for the first. Therefore, let me tell you something more how the survey is carried out.

I will be reading the questions from the questionnaire exactly as they are written. Each surveyee will answer the same questions. In most cases you will respond to the asked questions choosing one of the suggested answers that I will read to you as well. A small number of questions will require your answers with words.

If you do not understand the question that I have read or it is not clear, please say so. I will read it again. I cannot help you while you are giving answers because we are interested in your opinions. Therefore, we ask you to be as sincere as possible when giving answers.

When you do not know or, for a specific reason, cannot or do not want to answer, please say so. It is better to say that than give a dishonest answer.

If you are not sure during the interview or you do not understand the question, please ask me to repeat the question.

It is very important that your answers are complete and sincere. Think freely regarding each question. Ask me anything you do not understand. Before we begin, I would like to agree with you that you will give honest answers to the questions I ask, the way you think and feel. When you think that you cannot give an honest answer, please say so. We can always move on to the next question. Do you promise?

Let’s start with the first question.

Q1. Are you the owner, proprietor or lessee of a piece of land on the locations Gojkovo polje/Novo Selo? (ATTENTION, SURVEYOR, TO EXPLAIN TO THE SURVEYEE: Owner - legal right to own the land, use it and deal with it, in accordance with its nature and purpose; Proprietor – conscientious possession of the land that is owned by another person (uses the agricultural land legally and in accordance with the purpose of the land); Lessee – use of the land owned by another person on a contractual basis. Encircle only one answer!) 4. Owner ► Q2 1 5. Proprietor ► Q4 2 6. Lessee ► Q3 3 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9

Q2. Did you inherit or buy the land? (Encircle just one answer!)

1. Inherit 1 2. Buy 2 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9

Go toQ4!

Q3. Under what conditions do you use the land as a lessee: how long (in years), how much per year (in KM)? (Please state the answer for both items!)

a. Period (in years) b. Price in KM, yearly total

Do not read! 98. Does not know 99. Does not want to answer

Do not read! 98. Does not know 99. Does not want to answer

Q4. Please state the acreage of the land that you own/manage/lease? What is the acreage used for agricultural production? (Please state the answer for both items!)

a. Acreage that is owned/managed/leased

b. Acreage used for agricultural production

Do not read! 98. Does not know 99. Does not want to answer

Do not read! 98. Does not know 99. Does not want to answer

Q5. How many separate pieces of land do you use for agricultural production?

1. One ► Q7 1

2. More ► Q6 2 Q6. Can you state the number of the pieces of the land? (Write down the number!)

Do not read! 98. Does not know/Not sure 98 99. No answer/Refusal 99

149

Q7. Can you estimate the current market value of your land in KM per m2 that you own, possess? (Write down the number in KM!)

Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q8. Which of the named cultures do you grow? If you grow some other cultures, please state which ones! (It is possible to encircle more than one answer in the column Q8 of the table for writing down the answers Q8-Q10!)

Q9. What is your average production per culture, expresses in kilogrammes? Take into account the average for the last three years. Please state! (Write down the answers for each culture named in the question Q8! For others write «0»)

Q10. How much do you sell per culture every year, expressed in kilogrammmes? ? Take into account the average for the last three years. Please state! (Write down the answers for each culture named in the question Q8 and Q9! For others write «0»)

TABELA: Q8-Q10

Answer Q8 Q9

in kg Q10 in kg

1. Corn 1 2. Wheat 1 3. Buckwheat 1 4. Vine 1 5. Potato 1 6. Onion/Garlic 1 7. Lettuce 1 8. Carrot 1 9. Paprika 1 10. Tomato 1 11. Cabbage 1 12. Tobacco 1 13. Berries 1 14. Fruit 1 15. Flowers 1 Something else? Please state! (Write down the answer!) 16. 1 17. 1 18. 1 19. 1 20. 1 Do not read! 98. Does not know/Not sure 98 99. No answer/Does not want to answer 99 Q11. How many permanent workers do you have? How many workers are part-time, seasonal? (Please state the answer for both items!)

a. Number of permanent workers b. Number of part-time/seasonal workers

Do not read! 98. Does not know 99. Does not want to answer

Do not read! 98. Does not know 99. Does not want to answer

Q12. Are all adults that are permanent workers on your land from your household? (Encircle just one answer!)

1. Yes 1 2. No 2 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q13. What agricultural equipment and mechanisation do you own? (It is possible to encircle more than one answer!)

Answer Answer

1. Hothouse 1 2. Moto cultivator 1

3. Combine 1 4. Tractor 1 5. Milling machine 1 Something else? Please state! (Write down the answer!) 6. 1 7. 1 8. 1 9. 1 Do not read! 98. Does not know/Not sure 98 99. No answer/Does not want to answer 99 Q14. Do you currently use some irrigation system? (Encircle just one answer!)

1. Yes ► Q15 1 2. No ► Q18 2 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q15. What kind of irrigation system do you use? If some other irrigation system, please state! (It is possible to encircle more than one answer!)

Answer Answer

1. Hand pumps 1 2. Electric/diesel pumps 1 3. Pipes in the ground 1 4. Drop by drop 1 Something else? Please state! (Write down the answer!) 5. 1 6. 1 7. 1 8. 1 9. 1 Do not read! 98. Does not know/Not sure 98 99. No answer/Does not want to answer 99 Q16. In your estimate, how much does the irrigation system that you currently use improve your volume, expressed in percentage? (Write down the number!)

Do not read! 0. Does not know/Not sure 0 1. No answer/Refusal 1 Q17. What is the monthly cost to use the irrigation system during the most intense watering season (i.e. Pump use cost – petrol, electricity, maintenance, water etc.)? Please state the amount in KM! (Write down the number!)

Do not read! 0. Does not know/Not sure 0 1. No answer/Refusal 1 Q18. Please tell us, regarding the following or some other main items of the costs of your agricultural production, how much do they amount to in the total cost of the production? (For each item write down the estimate in %! Make sure that the total percentage sum is 100%)

Answer Answer u %

1. Purchase of seeds 2. Protection instruments 3. Mechanisation rent 4. Irrigation 5. Additional work force 6. Manure Something else? Please state! (Write down the answer!) 7. Total 100%

150

Q19. What is your average yearly income from the agricultural production in the last three years? Please state the amount in KM! (Write down the number!)

Do not read! 0. Does not know/Not sure 0 1. No answer/Refusal 1 Q20. Where do you place/sell your agricultural products? (It is possible to encircle more than one answer!)

1. Personal use 1 2. Local market 1 3. Throughout 1 4. Abroad 1 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9

Q21. Which of the following problems or some other problems affect your agricultural production the most? (It is possible to encircle more than one answer!)

10. Drought 1 11. Floods 1 12. Shortage of work force 1 13. Small market 1 14. Low buying price 1 15. Disloyal competition 1 16. Shortage of quality seeds 1 17. Expensive manure 1 18. Something else? Please state! (Write down the answer!))?

1 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q22. What are your agricultural production expectations in the forthcoming period, i.e. 5 years? (Encircle just one answer!)

6. Will improve a lot ► Q23 1 7. Will improve to some extent ► Q23

2 8. Approximately the same ► Q23 3 9. Will worsen to some extent ► Q23

4 10. Will worsen a lot ► Q23 5 Do not read! 8. Does not know/Not sure ► Q24 8 9. No answer/Refusal ► Q24 9

Q23. Why do you think so? Can you state three reasons at most! (Write down the answer!) Do not read! 98. Does not know/Not sure 98 99. No answer/Refusal 99 Q24. Have you heard something about the Project of irrigation development in RS that will be implemented on a few locations? One of the proposed locations is Gojkovo polje/Novo Selo. (Encircle just one answer!)

1. Yes 1 2. No 2 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q25. The Project of irrigation development in BiH, envisages the renewal of the existing or the construction of the new irrigation

systems on many locations such as Gojkovo polje / Novo Selo. . The Project wants to enable the users to influence the price and the way water is used. It is planned to establish the Users’ Association in this area. The Project’s goal is to increase the profitability and productivity of agriculture by means of improving the reliability and sustainability of the irrigation system. In your opinion, how much will the improved irrigation affect your agricultural production? (Encircle just one answer!)

1. A lot ► Q26novo 1 2. To some extent ► Q26novo 2 3. A little ► Q26novo 3 4. Not at all ► Q27 4 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9

Q26 New. In your opinion, how will the improved irrigation on the mentioned location affect your agricultural production? Encircle only one answer!)

1. Positively 1 2. Negatively 2 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9

Q27. Why do you think so? Can you state three reasons at most! (Write down the answer!)

Do not read! 98. Does not know/Not sure 98 99. No answer/Refusal 99 Q28 New: Would you be interested in getting connected to this renewed irrigation system? (Encircle just one answer!)

1. Yes 1 2. No 2 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9

Q29 New: What are the main reasons that make you think so? Can you state three reasons at most! (Write down the answer!)

Do not read! 98. Does not know/Not sure 98 99. No answer/Refusal 99

Q30. If you had an opportunity to get connected to this irrigation system, if you were required to participate and invest in the new irrigation system, first by buying and installing the pipes, sprinklers etc. for your pieces of land, how likely would it be that you will personally invest? (Encircle just one answer!)

1. Definitely yes 1 2. Probably yes 2 3. Probably not 3 4. Definitely not 4 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q31. If you are required to participate and cover the expenses of the maintenance and usage of this new irrigation system, how likely is it

151

that you will personally participate in such expenses? (Encircle just one answer!)

1. Definitely yes 1 2. Probably yes 2 3. Probably not 3 4. Definitely not 4 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q32. Would you be willing to cede a part of your land so that the Project can be accomplished, namely for the installation of the pipes / canals / pumps and similar? (Encircle just one answer!)

1. Yes ► Q33 1 2. No ► Q34 2 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q33. If you are to accept to cede a part of your land for these needs, what are your conditions? What do you want in return? State three answers at most!(Write down the answer!)

Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9

Go toQ35!

Q34. What are the conditions that you would accept to cede a part of your land for the needs of the Project of irrigation development? State three answers at most!(Write down the answer!)

Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q35. Would you accept expropriation of a part of your land (subject of expropriation/compensation) if it were necessary for the construction of the irrigation system? (Encircle just one answer!)

1. Yes ► Q36 1 2. No ► Q37 2 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q36. What are the conditions that you would accept regarding your land as the subject of expropriation? What do you want in return? State three answers at most! (Write down the answer!)

Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9

Go toQ38!

Q37. And what are really the conditions that you would accept regarding your land as the subject of expropriation? State three answers at most!(Write down the answer!)

Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9

Q38. Would you accept to relocate temporarily if it were necessary for the construction of the irrigation system? (Encircle just one answer!)

1. Yes ► Q39 1 2. No ► Q40 2 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q39. What are the conditions that you would accept regarding temporary relocation? What do you want in return? State three answers at most!(Write down the answer!)

Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9

Go toQ41!

Q40. And what are really the conditions that you would accept regarding temporary relocation? State three answers at most!(Write down the answer!)

Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q41. Would you accept permanent relocation if it were necessary for the construction of the irrigation system? (Encircle just one answer!)

1. Yes ► Q42 1 2. No ► Q43 2 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q42. What are the conditions that you would accept regarding permanent relocation? What do you want in return? State three answers at most!(Write down the answer!)

Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9

Go toQ44!

Q43. And what are really the conditions that you would accept regarding permanent relocation? State three answers at most!(Write down the answer!)

152

Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q44. We have a list of the participants in the field of agriculture/water management that you maybe cooperate with. While I am reading each of the items on the list, please say if you cooperate or not with each of the mentioned participants. (Write down the answer for each item!) Encircle only one answer for each item!)

Item Ye

s

No

Do

es

no

t k

no

w

No

an

swe

r

f) Other local agricultural workers

1 2 8 9

g) Local authority representatives responsible for agriculture

1 2 8 9

h) Local authority representatives responsible for water management

1 2 8 9

i) Associations of agricultural workers/cooperatives

1 2 8 9

j) Companies that process agricultural products

1 2 8 9

k) AD Napredak, Pelagićevo / PD Semberija, Bijeljina

1 2 8 9

NOTE TO THE SURVEYOR! IF THE SURVEYEE ANSWERED WITH «1 – YES» TO ANY ITEM, MOVE ON TO QUESTION Q45. IF THE SURVEYEE ANSWERED WITH «2 – NO», OR WITH «8» OR «9», MOVE ON TO QUESTION Q47!

Q45. Now I would like you to tell me how much you are satisfied when cooperating with the aforementioned participants. While I am reading each of the items on the list, please say if you are very satisfied, satisfied, not really satisfied or not satisfied at all when cooperating with the aforementioned participants. (Write the answer for each item that the surveyee answered with 1 in question Q44. Encircle only one answer for each item!)

Item

Ve

ry s

ati

sfie

d

Sa

tisf

ied

No

t re

all

y

sati

sfie

d

No

t sa

tisf

ied

a

t a

ll

Do

es

no

t k

no

w

No

an

swe

r

f) Other local agricultural workers

1 2 3 4 8 9

g) Local authority representatives responsible for agriculture

1 2 3 4 8 9

h) Local authority representatives responsible for water management

1 2 3 4 8 9

i) Associations of agricultural workers/cooperatives

1 2 3 4 8 9

j) Companies that process agricultural products

1 2 3 4 8 9

k) AD Napredak, Pelagićevo / PD Semberija, Bijeljina

1 2 3 4 8 9

NOTE TO THE SURVEYOR! IF THE SURVEYEE ANSWERED WITH «3 – NOT REALLY SATISFIED» OR WITH “4 – NOT SATISFIED AT ALL”, OR WITH “8” OR “9” TO ANY ITEM, MOVE ON TO QUESTION Q46. IF THE SURVEYEE ANSWERED WITH «1 – VERY SATISFIED», OR WITH «2 - SATISFIED», MOVE ON TO QUESTION Q47!

Q46. Why do you think so? Can you state three reasons at most! (Write down the answer for each item that the surveyee answered with 3 or 4 in question Q45.

Item Answer

Do

es

no

t k

no

w

No

an

swe

r

f. Other local agricultural workers

8 9

g. Local authority representatives responsible for agriculture

8 9

h. Local authority representatives responsible for water management

8 9

i. Associations of agricultural workers/cooperatives

8 9

j. Companies that process agricultural products

8 9

k. AD Napredak, Pelagićevo / PD Semberija, Bijeljina

8 9

Go toQ48!

Q47. Why don’t you cooperate? Can you state a reason? (Write the answer for each item that the surveyee answered with 2 in question Q44. )

Item Answer

Do

es

no

t k

no

w

No

an

swe

r

f. Other local agricultural workers

8 9

g. Local authority representatives responsible for agriculture

8 9

h. Local authority representatives responsible for water management

8 9

i. Associations of agricultural workers/cooperatives

8 9

j. Companies that process

8 9

153

agricultural products

k. AD Napredak, Pelagićevo / PD Semberija, Bijeljina

8 9

Q48. How much do local authorities consider your requests regarding agricultural production? (Encircle just one answer!) 1. To a great extent 1 2. To some extent 2 3. A little 3 4. Very little 4 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q49. Can you influence the decisions made at the local and higher level of power regarding agriculture? (Encircle just one answer!)

1. Yes ► Q50 1 2. No ► Q51 2 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q50. How can you influence the decisions made on the local and higher level of power regarding agriculture? (Write down the answer!)

Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q51. Do you think that the employees in the services of the local authorities responsible for agriculture and water management need management training for the optimal use of water? (Encircle just one answer!)

1. Yes 1 2. No 2 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q52. Have you ever used incentives or some kind of help for agricultural production? (Encircle just one answer!)

1. Yes ► Q53 1 2. No ► Q54 2 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q53. Who gave you that incentive or help? What level of authority? Some association? (It is possible to encircle more than one answer!)

8. Municipality 1 9. Entity 1 10. Agricultural cooperative 1 11. Association of agricultural workers 1 12. International organisation 1 13. Something else? Please state! (Write down the answer!)

1 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q54. Are you a member of an association of agricultural workers or an agricultural cooperative? (Encircle just one answer!)

1. Yes 1 2. No 2 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q55. What do you expect from an association of agricultural workers or a cooperative? (It is possible to encircle more than one answer!)

8. Help with seed material and money 1 9. Donation for mechanisation or cattle fund 1 10. Solution to buying products

1 11. Construction of warehouses 1 12. Information

1 13. Representation of common interests 1 14. Something else? Please state! (Write down the answer!)

1 Do not read! 98. Does not know/Not sure 98 99. No answer/Refusal 99 Q56. The Project envisages establishment of an Association of water users that would include all users of the new system of irrigation, including you. Do you think that this Association could take care of the optimal use and distribution of water and maintain the irrigation system? (Encircle just one answer!)

1. Yes ► Q58 1 2. No ► Q57 2 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q57. . In your opinion, who should be in charge of water distribution and maintaining irrigation system? (Encircle just one answer!)

6. Municipal agriculture service 1 7. Municipal communal service/company

2 8. Association of agricultural workers

4 9. Some other institution/organisation/company?

(Write down the answer!) 5

Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q58. In your opinion, who should be in charge of determining the price of water usage and maintaining the irrigation system? (Encircle just one answer!) 1. Municipal agriculture service 1 2. Municipal communal service/company 2

3. Ministry of agriculture, forestry and water management of RS

3 4. Association of agricultural workers 4 5. Association of water users 5 6. Some other institution/organisation/company?

(Write down the answer!) 6

Do not read! 98. Does not know/Not sure 98 99. No answer/Refusal 99 Q59. Do you need training regarding the planned system of irrigation? (Encircle just one answer!)

1. Yes ► Q60 1 2. No ► D01 2 Do not read!

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8. Does not know/Not sure 8 9. No answer/Refusal 9 Q60. Taking into account the following areas and some other, what training would you like? (It is possible to encircle more than one answer!)

1. Optimal planning to irrigate your pieces of land 1 2. Optimal use of irrigation water 1 3. The latest equipment and technology for irrigation 1 4. Representation of common interests regarding irrigation 1 5. Something else? Please state! (Write down the answer!) Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9

Q61 New. Are you or any member of your household employed by AD Napredak, Pelagićevo / PD Semberija, Bijeljina? (Encircle just one answer!)

1. Yes ► Q62 1 2. No ► Q63 2 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q6 New. Are you or any member of your household employed by AD Napredak, Pelagićevo / PD Semberija, Bijeljina? (Encircle just one answer!)

1. Permanent 1 2. Seasonal 2 3. Occasionally 3 4. Something else? Please state! (Write down the answer!) 4 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q63 New: Do you do business with AD Napredak, Pelagićevo / PD Semberija, Bijeljina? (Encircle just one answer!)

1. Yes ► Q64 1 2. No ► Q65 2 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q64 New: In what manner do you cooperate with AD Napredak, Pelagićevo / PD Semberija, Bijeljina? State three answers at most!(Write down the answer!)

Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q65 New: Do you expect that the accomplishment of the Project of irrigation development on the land used by the concessionaire AD Napredak, Pelagićevo / PD Semberija, Bijeljina will indirectly help you as neighbours as well? (Encircle just one answer!)

1. Yes 1 2. No 2 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 Q66 New. In what manner? State three answers at most!(Write down the answer!)

Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9

INSTRUCTION. We have come to the end of the survey. Allow us to ask a few more questions that are necessary for statistical analysis.

D01. Sex? (Do not read! Write down one answer!) 3. Male 1 4. Female 2 D02. How old are you? (Write down the age!)

D03. Can you state your highest level of education?? (Read all the answers and write down only one answer!) 7. No elementary school or not finished 1 8. Finished elementary school

2 9. High school 3 10. Higher school (6th grade) )

4 11. Faculty (7th grade) 5 12. Masters/ Doctorate 6 Do not read! 99. Does not want to answer 99 D04. Is agriculture the main activity in your household or additional? (Read all the answers and write down only one answer!)

3. Main 1 4. Additional 2 Do not read! 99. Does not want to answer 99 D05. How many members does your household have? (Write down the number of the members!)

Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 D06. Does somebody from your household work somewhere else, does not participate in your agricultural activities? (Encircle just one answer!)

1. Yes ► D07 1 2. No ► D08 2 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 D07. How many members of your household work somewhere else? (Write down the answer!)

Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9

D08. Besides agricultural production, does your household have other sources of income? (Encircle just one answer!)

1. Yes ► D09 1 2. No ► D10 2

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Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 D09. What sources of income are they? (Write down the answer!)

Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 D10. Is agricultural production the main source of income in your household? (Encircle just one answer!)

1. Yes 1 2. No 2 Do not read! 8. Does not know/Not sure 8 9. No answer/Refusal 9 D11. How would you describe the average monthly income of your household from all sources, meaning when you calculate all the salaries and all other earnings of all the members of the household? (Encircle only one answer!) 1. Up to 100 KM 1 2. From 101 to 300 KM 2 3. From 301 to 500 KM 3 4. From 501 to 700 KM 4 5. From 701 to 900 KM 5 6. From 901 to 1100 KM 6 7. From 1101 to 1500 KM 7 8. From 1501 to 2000 KM 8 9. From 2001 to 3000 KM 9 10. More than 3000 KM 10 Do not read! 98. Does not know/Not sure 98 99. No answer/Refusal 99

NOTE TO THE SURVEYOR:

CHECK HERE IF YOU HAVE WRITTEN DOWN CORRECTLY THE ANSWERS TO ALL QUESTIONS! IF A CERTAIN NUMBER OF ANSWERS TO PARTICULAR QUESTIONS IS NOT IN THE QUESTIONNAIRE, IT WILL NOT BE VALID!

WITHOUT CORRECTLY WRITTEN DOWN ANSWERS TO ALL QUESTIONS ON THIS AND THE FOLLOWING PAGES, THIS QUESTIONNAIRE WILL NOT BE VALID!

Read to the surveyee! We have come to the end of the survey. Thank you for participating. As you can see, the survey process is very demanding. The surveyors must follow very precise instructions. Unfortunately, as in any other job, some surveyors do not do their job conscientiously. Therefore, it is necessary to control their work. That is the only reason why we are asking you to give us a phone number. Our supervisor would contact you. In the next 7 to 10 days he might contact you to check if I have asked you the questions from this questionnaire at all, to confirm the accuracy of the data about the members of the household, the random choice of the household, the length of the interview, and the accuracy of the written answers to some questions. Besides, the supervisor will be willing to answer any question that you might have regarding this discussion.

Telephone1_D17. So, can you give us your phone number if we need to contact you in the future regarding this or some other study? It can be any contact number where we can find you. (DEFINITELY WRITE DOWN!)

TELEPHONE WITH THE AREA CODE

1. Does not want to give the number – Go toTelephone2 1 Telephone2_D17. We understand that people at first can resist giving their phone number. We have said that the survey is anonymous. We have never asked for your name and surname. But if we do not have the phone number, the survey will not be accepted as valid because the work of the surveyor cannot be controlled. We have spent all this time in vain if we do not get your phone number. Therefore, we kindly ask you to give us your phone number (DEFINITELY WRITE DOWN!)

TELEPHONE WITH THE AREA CODE

1. Does not want to give the phone number 1

TIME OF THE END OF THE INTERVIEW!

Hour Min

TO BE FILLED OUT BY THE SURVEYOR AFTER HE/SHE HAS LEFT THE HOUSEHOLD.

I1. What was the day when you carried out the survey? (Encircle only one answer!) 1. Monday 1 2. Tuesday 2 3. Wednesday 3 4. Thursday 4 5. Friday 5 6. Saturday 6 7. Sunday 7 I2. Number of contact attempts? (Meaning how many times did the surveyor contact/visit the surveyee before he found him/her at home or he/she agreed to be interviewed! Write down the number!)

I3. If there have been some questions that caused unease, please state the questions that caused the unease the most among the surveyees or it seemed that they reduced his/her readiness to answer the following questions during the interview (Write down not more than three questions by numbers, from the most important to the least important!)

a) First

b) Second

c) Third

9. There were no questions that caused unease. 9 I4. General assessment of the surveyees’ cooperation during the survey? (Assess on the basis of the general impression during the interview!) 1. Very uncooperative, refused to answer a large number of questions 1 2. Uncooperative, hardly finished the interview 2 3. Cooperative, but gave no detailed answers 3 4. Cooperative, gave some detailed answers 4 5. Very cooperative, gave some additional answers and explanations 5 I5. During this interview, did you face any other difficulties? (Encircle or write down only one answer!) 1. No 1

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2. Yes 2 PLEASE STATE IN DETAIL WHAT DIFFICULTIES YOU ARE REFERRING TO AND WHAT THE REASONS FOR SUCH DIFFICULTIES ARE

I6. Sex of the surveyor? (Encircle just one answer!)

3. Male 1 4. Female 2 I7. Age of the surveyor? (Write down the number!)

I8. Nationality of the surveyor? (Encircle just one answer!)

7. Bosniak 1 8. Serb 2 9. Croatian 3 10. Bosnian 4 11. Mixed 5 12. Some other 6

I state that this interview was carried out in accordance with all the instructions for face-to-face interviews with the surveyee selected in accordance with the instructions for the selection of the surveyees!

Date and signature: ____________________________________________

RECORD OF THE SURVEYORS’ MISTAKES

Operator’s code Total number of the questions

with a mistake recorded by the operator

RECORD OF THE OPERATORS’ MISTAKES

Controller’s code

Total number of the questions with a mistake

made by the operator while making an entry

TO BE FIILED OUT BY THE CONTROLLERS

CONTROLLER’S CODE

ITEMS YES NO 1. The contact person claims that the survey was carried out in that household in the previous period

1 2

2. The address written in this questionnaire corresponds to the address of the household for which the phone number was given

1 2

3. The member of the household of the mentioned sex and age exists

1 2

6. The surveyor read the introductory text from the questionnaire

1 2

The answers to the control questions from the questionnaire!

Symbol, order number of the question in the questionnaire

Answer written in the questionnaire

Answer stated by the surveyee

during control