Application of Environmental and Social due diligence The Environmental Screening Checklists (see Annex 3) are presented in a simple Yes/No EMS format. If environmental and social screening undertaken by completing checklists presented in Annexes 3, 4 and 5 define that the proposed sub-project is Low risk, no further assessment/due diligence is required.
For those proposals which have been assigned, as a result of environmental and social screening, Moderate Risk rating, an Environmental and Social Management Plan (see ESMP Outline presented in Annex 7) will be required to identify, evaluate and to prevent potential environmental and social risks and impacts, and to identify mitigation measures for the defined impacts and risks. Annex 8 provides for sample ESMPs which can be used for the development of subproject-specific ESMPs.
For Moderate Risk subprojects it is necessary to disclose the ESMP and conduct public consultations with the project affected people and interested parties. For all projects that would require an ESMP face to face consultations should be organized. For that purpose, it is necessary to disclose in advance the ESMP (about two weeks) in on the MLSPP PIU website as well as providing hard copies to local public administrations and key interested parties (environmental authorities). During the consultations, the subproject applicants, under the guidance of RO environmental and social specialists, will register all comments and suggestions on improving the ESMP and will prepare relevant reports to be included in the final version of the ESMP. Furthermore, specific information related to subproject activities and environmental and social due diligence should be also publicly available on-line on the MLSPP PIU website. Based on that the public consultation can be done virtually receiving relevant questions/proposals on-line and taking them into consideration while finalizing the subproject ESMPs. As described above, only in some cases, as per national legislation and when it is necessary to prepare an ESMP, the subproject applicant/beneficiary supported by regional officers has to submit all the ESMP for approval to the regional level State Ecological Expertise, which will issue a decision, to be used for approving and/or rejecting subproject proposals.
The final approval of subprojects is carried out by MLSPP PIU for Project Components, once all EA documents have been prepared, accepted, and, if needed, preliminary approval is provided by the State Ecological Expertise. The MLSPP PIU and subproject beneficiaries will then sign an agreement which will include statements on compliance with all environmental and social documents, subproject-specific ESMPs being enclosed as an integral part of the agreement - Table 7.2 indicates the process flow for the ESF instruments development: