Public Disclosure Authorized Document of The World Bank Public Disclosure Authorized Report No: 21068-GE Public Disclosure Authorized PROJECT APPRAISAL DOCUMENT ONA PROPOSED CREDIT IN THE AMOUNT OF SDR 7.6 MILLION (US$ 9.63 MILLION EQUIVALENT) TO GEORGIA FOR AN Public Disclosure Authorized ENERGY TRANSIT INSTITUTION BUILDING PROJECT February 15, 2001 Energy Sector Unit Europe and Central Asia Region CURRENCY EQUIVALENTS (Exchange Rate Effective October 17, 2000) Currency Unit = Lari 1.96 Laris = US$1.00 US$0.51 = 1.00 Lari FISCAL YEAR January 1 - December 31 ABBREVIATIONS AND ACRONYMS AIOC CAS EA ECA EMP ESAC EU (TACIS) GGIC GIOC GoG HGA IDA IFC IMF MEP NGO PIU SRSP SOCAR TAL UK KHF UNDP USAID USTDA Azerbaijan International Operating Company Country Assistance Strategy Environmental Assessment Europe and Central Asia Environmental Management Plan Energy Sector Adjustment Credit European Union (Technical Assistance for the Commonwealth of Independent States) Georgian Gas International Corporation Georgian International Oil Corporation Government of Georgia Host Government Agreement International Development Association International Finance Corporation International Monetary Fund Major Export Pipeline Non Government Organization Project Implementation Unit Structural Reform Support Project State Oil Company of the Azerbaijan Republic Technical Assistance Loan United Kingdom Know-How Fund United Nations Development Program United States Agency for International Development United States Trade and Development Agency Vice President: Country Director: Sector Director: Sector Manager/Team Leader: Johannes Linn, ECA Judy M. O'Connor, ECC03 Hossein Razavi Peter Thomson, ECSEG GEORGIA ENERGY TRANSIT INSTITUTION BUILDING CONTENTS A. Project Development Objective 1. Project development objective 2. Key performance indicators Page 2 2 B. Strategic Context 1. Sector-related Country Assistance Strategy (CAS) goal supported by the project 2. Main sector issues and Government strategy 3. Sector issues to be addressed by the project and strategic choices 2 2 3 C. Project Description Summary 1. 2. 3. 4. Project components Key policy and institutional reforms supported by the project Benefits and target population Institutional and implementation arrangements 3 5 5 6 D. Project Rationale 1. 2. 3. 4. 5. Project alternatives considered and reasons for rejection Major related projects financed by the Bank and other development agencies Lessons learned and reflected in proposed project design Indications of borrower commitment and ownership Value added of Bank support in this project 7 7 8 8 8 E. Summnary Project Analysis 1. 2. 3. 4. 5. 6. 7. Economic Financial Technical Institutional Environmental Social Safeguard Policies 8 9 9 9 10 10 12 F. Sustainability and Risks 1. Sustainability 2. Critical risks 3. Possible controversial aspects 13 13 14 G. Main Conditions 1. Effectiveness Condition 2. Other 14 14 H. Readiness for Implementation 15 I. Compliance with Bank Policies 15 Annexes Annex 1: Project Design Summary Annex 2: Detailed Project Description Annex 3: Estimated Project Costs Annex 4: Cost Benefit Analysis Summary, or Cost-Effectiveness Analysis Summary Annex 5: Financial Summary Annex 6: Procurement and Disbursement Arrangements and Financial Management Arrangements Annex 7: Project Processing Schedule Annex 8: Documents in the Project File Annex 9: Statement of Loans and Credits Annex 10: Country at a Glance MAP(S) IBRD No. 31222 16 20 28 29 30 31 43 44 45 47 GEORGIA Energy Transit Institution Building Project Appraisal Document Europe and Central Asia Region ECSEG Date: February 15, 2001 Country Manager/Director: Judy M. O'Connor Project ID: P072394 Lending Instrument: Technical Assistance Loan (TAL) Project Financing Data [X] Credit [ 1 Loan [ Grant Team Leader: Peter D. Thomson Sector Manager/Director: Hossein Razavi Sector(s): GP - Oil & Gas Transportation Theme(s): Energy Poverty Targeted Intervention: N ( Other: [ Guarantee For Loans/Credits/Others: Amount (US$m): 9.63 Proposed Terms: Standard Credit Grace period (years): 10 Commitment fee: 0.5% Financing Plan: Source BORROWER IDA BORROWING AGENCY Years to maturity: 40 Service charge: 0.75% Local Foreign 2.18 0.00 0.37 9.26 0.48 0.00 3.03 Total: 9.26 Borrower: GOVERNMENT OF GEORGIA Responsible agency: INSTITUTION BUILDING PIU, GIOC, GGIC, MIN. OF ENVIRONMENT Note: "Borrowing agency" in financing plan above refers to GIOC and GGIC. Address: Institution Building PIU, 42, Al. Kazbegi Ave., Tbilisi, 380077, Georgia Contact Person: Alexander Sikharulidze Tel: 995 32 950 865 Fax: 995 32 955 268 Email: [email protected] Estimated disbursements ( Bank FY/US$M): FY 2001 2002 2003 Annual 0.30 2.80 2.50 Cumulative 0.30 3.10 5.60 2004 2.50 8.10 Project implementation period: 4.25 years Expected effectiveness date: 04/30/2001 Expected closing date: OCS PADFo,n Rev Ma,. 2000 2005 1.53 9.63 07/31/2005 Total 2.18 9.63 0.48 12.29 A. Project Development Objective 1. Project development objective: (see Annex 1) The project aims to enhance the capacity of Georgia to negotiate and implement oil and gas transit agreements in a manner that maximizes economic benefits, and minimizes social and environmental costs. Georgia has considerable potential for transit of hydrocarbons, particularly by comparison to its other economic assets. However, realizing positive net benefits from large transit investmnents (in a very complex geopolitical context) requires very careful management by the State and substantial institution building. 2. Key performance indicators: (see Annex 1) The success of the project will be assessed by reference to the following key performance indicators: Expected benefits from transit agreements actually realized. Compliance with legal agreements and Georgian legislation (by Government agencies and private investors). Audit reports published. Actual examples of enforcement of liability legislation occur. Agreements governing financial relations between Government, GIOC, and GGIC are respected. B. Strategic Context 1. Sector-related Country Assistance Strategy (CAS) goal supported by the project: (see Annex 1) Document number: 17000-GE Date of latest CAS discussion: September 22, 1997 This project was not included in the last CAS, but it will be cited in the CAS scheduled for Board discussion in the fourth quarter of FY200 1. The project does, however, support three of the CAS priorities, namely: "1) stabilization support, as continued weaknesses in public finance jeopardize the stabilization objective; 2) strengthen and diversify sources of growth by removing remaining barriers to private sector development; and 3) assist the Govemment in introducing institutional and policy reforms needed to protect Georgia's environmental and natural resources." The proposed project will support the first priority through consultancy assistance to maximize the Government's pipeline revenues and minimize its liabilities. The second priority will be pursued by consultancy assistance to ensure that transit agreements are negotiated and implemented in a manner that balances the interests of investors and of Georgia, thereby reducing the long-term political risk faced by private investors in infrastructure in Georgia. The third priority will be addressed through technical assistance in review of environmental impact assessments and related environmental permit applications for pipelines (and subsequent monitoring and public outreach), as well as in oil spill prevention and mitigation for non-pipeline transportation of oil. 2. Main sector issues and Government strategy: Large investments in transit pipelines made by the private sector give rise to many complex fiscal, environmental, social, political, legal and institutional issues for the host government. Georgia has gained -2- some experience in managing such issues through six years of implementation of the Baku-Supsa early oil pipeline (which transports crude oil from Azerbaijan to the Georgian termiinal of Supsa) and through the transit of gas from Russia to Armenia. However, the new agreements coming into place impose greater obligations on the Government than the existing arrangements, and do so within a more complex environment than prevailed in the past. New framework legislation has been adopted but is untested in application, geopolitical competition over Caspian resources has intensified, synergies between oil and gas transit have emerged, land ownership has become more dispersed through privatization, and civil society's awareness of pipeline issues has developed. These challenges and opportunities are testing the State's ability to coordinate its agencies in fulfilling its responsibilities to investors and to its citizens. The Government's strategy for dealing with these challenges has centered on clearly designating key agencies responsible for coordination, and strengthening their capacity. For oil pipeline coordination, the key agency is the Georgian International Oil Corporation (GIOC), and for gas pipelines, the Georgian Gas International Corporation (GGIC). Multiple government agencies are involved in transit pipelines, most notably the Ministries of Environment and of Finance. The Government has undertaken a major donor mobilization effort to support institution building for interfacing with private investors in pipelines, and with the public over pipeline-related issues. 3. Sector issues to be addressed by the project and strategic choices: The main issues to be addressed by the project are how to enhance the institutional capacity of GIOC, GGIC, and the Ministry of Environment most effectively, and how to ensure those agencies collaborate efficiently with multiple other state agencies. Terms of reference for consultants financed by the project will reflect the objective of interagency coordination. The increasingly close relationship between oil and gas transit issues means that coordination between GIOC and GGIC is of paramount importance, as well as with the Ministry of Environment. Project management arrangements are designed to enhance such coordination (through a steering committee mechanism). C. Project Description Summary 1. Project components (see Annex 2 for a detailed description and Annex 3 for a detailed cost breakdown): A. Environmental and Technical Advice for Pipeline Implementation will include consultancy services to assist the Government in fulfilling its obligations under oil and gas pipeline transit agreements on a timely basis (Georgia incurs substantial liabilities if there are delays against very short deadlines in the agreements). These services will focus on reviewing environmental/social impact assessments, pernitting, compliance monitoring, and public outreach. The component will thus go beyond environmental impact assessment, and will strengthen long-term environmental management capacity. This will involve environmental, social, technical, and public communications consultants (international and local) to address oil and gas transit issues jointly. It will also include technical/environmental advisors for negotiations of transit of gas from (or through) Russia (technical advisors for negotiation of East-West gas transit have been provided by USTDA). B. Legal Advice for Pipeline Implementation will include specialized pipeline lawyers to advise the Government on legal issues arising from implementation of the various transit agreements negotiated, including the revision of Georgian legislation where necessary. Financial or fiscal skills may also be needed to complement legal advisory skills. These advisors will only be needed once existing consultancy contracts (financed by the Structural Reform Support Project, SRS) expire, and precise terms of reference will be elaborated at that time. -3 - C. Company Audits will include financial audits (according to internationally-accepted standards) to be conducted annually for GIOC and GGIC to enhance transparency of company operations (audits are to be published in the Georgian press). The credit will finance part of the cost of the company audits in the first year of the project only. D. Non-pipeline Oil Spill Prevention and Mitigation Component will address oil spill risks related to marine and rail transportation of oil, through (i) the provision of essential equipment to facilitate spill response, monitoring and enforcement by the Ministry of Environment; (ii) consultant services; and (iii) training. E. Project Implementation will be provided by the PIU currently managing the technical assistance component of the Structural Reform Support Project and the Judicial Reform Project, in conjunction with GIOC, GGIC, the Ministry of Environment and other agencies responsible under the transit agreements. This component will provide for office equipment, annual audit of the project accounts, incremental operating costs and related needs. Component Environmental and Technical Advice Sector % of Bankfinancing % of Bank- (US$M) Total (US$M) financin- 8.40 68.3 6.70 69.6 1.00 8.1 0.80 8.3 0.24 1.07 2.0 8.7 0.10 0.96 1.0 10.0 1.08 0.50 8.8 4.1 0.67 0.40 7.0 4.2 Total Project Costs 12.29 100.0 9.63 Total Financing Required 12.29 100.0 9.63 100.0 100.0 Legal Advice Company Audits Non-Pipeline Oil Spill Component Oil & Gas Transportation Oil & Gas Transportation Other Finance Oil & Gas Transportation Indirative Costs Project Implementation Unallocated -4 - Identifiable taxes are estimated at US$2.15 million. Total cost net of taxes is US$10.14 million. 2. Key policy and institutional reforms supported by the project: The project does not have a major reform orientation. However, the financial and political sustainability of the institutional building to be achieved depends partly on rationalization of the financial relations between the Government on the one hand, and GIOC and GGIC on the other hand. The project aims to enhance the capacity of GIOC and GGIC to provide specific services to the Government to achieve its transit pipeline objectives, rather than enhancing their own commercial operations. At the same time, the revenue arrangements for existing transit pipelines do not adequately distinguish between quasi-tax revenues and commercial revenues. For oil pipelines, the project will seek to establish a more appropriate financial arrangement along the lines given below (which was developed in consultation with the IMF). For gas pipelines, a similar arrangement will be sought once the nature of gas transit becomes as clear as for oil transit. The main points of these agreements are to be published in the Georgian press, as are annual audits of GIOC and GGIC. These agreements are expected to establish a model for other state enterprises in Georgia. I. As part of the annual government budget cycle, the Ministry of Finance and GIOC will agree on the expected cost of services to be provided in the coming fiscal year by GIOC to the Government in respect of implementation of the Baku-Supsa Pipeline Construction and Operating Agreement and the Baku-Thilisi-Ceyhan Major Export Pipeline Host Government Agreement (and any other agreed transit corridor). The services in question should be detailed in the agreement; 2. The "cost of services" can include remuneration of an agreed portion of GIOC's start-up capital (e.g. part of the repayment of other loans, such as the subloan from the IDA Oil Institution Building Credit). Any grant financing (by donors or the GoG Budget) of these services should be deducted from the "cost of services" to be billed to GoG in terms of this agreement; 3. All tariff income from Baku-Supsa in excess of the agreed cost of services will be transferred to the Ministiy of Finance as dividend income; 4. GIOC will be subject to annual audits of international standard to be submitted to the Ministry of Finance by June 30 of the year following the audit year; 5. The Profit Tax levied on Baku-Thilisi-Ceyhan shall be remitted directly and in full by the MEP Participants to the Budget as provided by the HGA (the HGA makes no provision for state revenue from the MEP Participants other than the Profit Tax). No Profit Tax will be paid to GIOC. 3. Benefits and target population: The proposed project will increase the capacity of key state agencies to negotiate and implement pipeline transit agreements and other large infrastructure projects on behalf of the Government. Transit pipelines are likely to be the largest investment in Georgia in the coming years, and could be the largest single taxable entity by the latter half of this decade. Current plans envisage transit pipeline investments of about US$ 1 billion in Georgia, which would be of very substantial macroeconomic significance. Oil pipelines alone could bring US$ 50 million per year in tax revenue, and revenue from gas pipeline transit could be significantly larger. Net fiscal benefits from such investments will be maximized with assistance from the project, and the social and environmental impact will be more effectively managed. Georgia will establish itself as a reliable host country for similar investments, and public perception of those investments will be enhanced. The target population includes the whole of Georgia. -5- 4. Institutional and implementation arrangements: Procurement, financial management, and general oversight under the project will be handled by the Project Implementation Unit currently implementing the technical assistance component of the Structural Reform Support Project and the Judicial Reform Project, and one IDF grant (the PIU is attached to the Ministry of Economy, Industry and Trade). In the past, the samne PIU also managed the Institution Building Project, SATAC I, SATAC II, and two IDF grants. This PIU has seven years' experience implementing Bank-financed projects involving multiple agencies, and has a proven track record. Technical implementation of project components for oil pipelines will be coordinated by GIOC, for gas pipelines by GGIC, and for non-pipeline oil spill issues by the Ministry of Environment. However, given the complex nature of transit agreements, these designated core agencies will interact with numerous other agencies in implementation of the project. Some consultancy contracts under the project will be shared by GIOC and GGIC, and a steering committee has been established to ensure coordination (see Section E.4). The Steering Committee is also intended to serve as a forum for interagency coordination beyond implementation of the proposed project. Project implementation is estimated to last four years. This estimate is based on expectations of the date at which pipeline operations might commence. On current expectations, the assistance planned under the proposed project will be needed from early 2001, and hence the project should not be delayed. However, the evolution of project implementation is subject to considerable uncertainty, given the complex nature of the pipeline investment decisions. A mid-term review early in the project life (June 2002) will assess actual implementation of pipeline investments against this background of uncertainty. Any project component which has not progressed by this time will be subject to restructuring or cancellation. In addition, most contracts under the project will be time-based, which will mitigate the risk that pipeline investmnents do not progress as anticipated. Financial Management System. ProjectAccounting: The PIU will establish and maintain project accounts and adequate control procedures that facilitate timely and transparent reporting in accordance with the Bank's FinancialAccounting, Reporting andAuditing Handbook (FARAH), published in January 1995, and by other pertinent Bank guidelines, including the Bank's Loan Administration Change Initiative (LACd). Project accounts are computerized and are maintained using "Peach Tree" software package, and the PIU may continue to use the existing accounting software, customizing it, as needed, to track all financial and procurement activities for the new project. Project accounting procedures will be designed to facilitate the preparation of Project Management Reports (PMRs), although it is envisaged that the Project will use traditional disbursement procedures. Project OperationalManual (POM): A draft Project Operational Manual, including: accounting policies and procedures, internal control routines and the audit arrangement to be used during project implementation, was submitted to the Association for comments/review in January 2001. After review and approval by the Association, the final Project Operational Manual will be available by February 28, 2001. Audits: The PIU will prepare Project Financial Statements and quarterly Project Management Reports (PMR) in a formnat compatible with the LACI format and in accordance with international accounting standards. The project accounts will be audited each fiscal year in accordance with IDA guidelines by independent auditors acceptable to the Association. The PIU will ensure that all project audits are -6- furnished to IDA within six months of the end of each fiscal year. The PIU intends to use the same auditor which audits the other projects it manages and has recruited the auditor using single source selection. A draft contract for the audit was submitted to the Association for review in January 2001, and it is expected that the contract with the auditor will be signed immediately after credit effectiveness. PIUAssessment: The PIU satisfies the Bank's minimum financial management requirements, and was certified as 4B, although some enhancements are needed. An Action Plan was agreed upon and the PIU is well on its way to meeting the key elements of the Action Plan to enable it to produce the required level of financial management information on a timely basis. D. Project Rationale 1. Project alternatives considered and reasons for rejection: Option 1: Leave this to other donors. The option of leaving the proposed assistance solely to grant-based bilateral donors was considered. However, the Government values the political and commercial neutrality of the Bank in this complex area, as well as the greater stakeholder involvement in Bank selection procedures for consultants (an important issue for such strategic and sensitive tasks). Donor funding for training will complement assistance under the proposed project. Option 2: Address commercial issues also. The proposed project does not address commercial issues in GIOC or GGIC (with the notable exception of rationalizing the quasi-fiscal revenues and dividend policies of the two companies - see Section C.2.). These commercial issues have limited direct impact on the transit pipeline advisory services GIOC and GGIC provide to the Government. Including such issues would greatly increase project complexity, and risk substantially diminishing project ownership. In addition, GIOC and GGIC have support from other donors to assist them in their commercial operations. 2. Major related projects financed by the Bank and/or other development agencies (completed, ongoing and planned). See Annex 2 for an account of previous Bank Group involvement in transit pipelines in Georgia. ; Sector Issue Project Latest Supervislon (PSR) Ratings (Bank-financed Implementation Bank-financed Progress (IP) enhance capacity of state agencies to Oil Institution Building negotiate and implement pipeline transit agreements (oil transit) enhance capacity of state agencies to Structural Reform Support negotiate and implement pipeline transit projects only) Development Objective (DO) HS HS S S Structural Reform Support S S Integrated Coastal Management (with Netherlands Government) S S agreements (oil and gas transit) enhance state's revenue management capacity enhance state's marine oil spill management capacity -7- improve legal framework for pipeline Energy Sector Adjustment investments (particularly land acquisition and environmental liability) S S Other development agencies enhance GIOC and GGIC capacity (both ability to provide services to Government and improvement of commercial operations) training in environmental assessment and technical standards enhance state's revenue management capacity USAID, USTDA, EU TACIS, UNDP, UK KHF USAID, Netherlands Government USAID, IMF IP/DO Ratings: HS (Highly Satisfactory), S (Satisfactory), U (Unsatisfactory), HU (Highly Unsatisfactory) 3. Lessons learned and reflected in the project design: The main lessons learnt from previous Bank involvement in technical assistance for transit pipelines in Georgia are: (i) there is a need for flexibility in project design to reflect considerable uncertainty in pipeline implementation schedules; (ii) events can move very fast, and timely response is essential; and (iii) Bank management involvement is critical, given political sensitivities. 4. Indications of borrower commitment and ownership: The proposed project is a follow-on to the Oil Institution Building Project (which focused on oil pipeline transit), the gas transit component of the Structural Reform Support Project, and the oil spill component of the Integrated Coastal Management Project. The implementing agencies for those projects (which are the same agencies as for the proposed project) have displayed consistent commitment to project objectives. Bank involvement in transit pipelines has been strongly supported by President Shevardnadze and other key members of the Government. The request for the proposed project was initially made by the Georgian Minister of Foreign Affairs to the Regional Vice-President of ECA. 5. Value added of Bank support in this project: Value-added derives from the Bank's regional overview of Caspian oil and gas developments, and its international experience in large infrastructure projects (particularly the Bank's evolving experience in social and environmental mitigation of pipeline projects). See Section D. 1. on the comparative advantage of the Bank vis-a-vis other donors. E. Summary Project Analysis (Detailed assessments are in the project file, see Annex 8) 1. Economic (see Annex 4): NPV=US$ million; ERR = % (see Annex 4) O Cost effectiveness * Other (specify) Institution-building projects do not lend themselves to quantification of economic and financial returns. However, the economic returns to Georgia, and the financial/fiscal returns to the Government, are expected to be considerable through the project's impact on the terms achieved by the State in negotiation and implementation of transit agreements. In addition, the project supports greater transparency in the operations of GIOC and GGIC, and the establishment of clear mechanisms for channeling quasi-fiscal O Cost benefit -8- revenues to the Government budget. 2. Financial (see Annex 4 and Annex 5): NPV=US$ million; FRR = % (see Annex 4) see section E. 1 Fiscal Impact: see section E. 1 3. Technical: N/A 4. Institutional: 4.1 Executing agencies: The Ministry of Environment, as the key agency responsible for environmental permitting, monitoring, and enforcement will be intensively involved in the execution of the project. GIOC, as the agency designated by the President, to coordinate oil transit pipeline issues, will oversee the oil pipeline aspects of the project. Similarly, GGIC will oversee the gas transit pipeline aspects. The Ministry of Finance will oversee the rationalization of financial relations between GoG, GIOC, and GGIC (see section C.2), and will take a lead role on fiscal issues in pipeline transit negotiations. 4.2 Project management: Procurement, financial management, and general oversight under the project will be handled by the Project Implementation Unit currently implementing the technical assistance components of the Structural Reform Support Project and the Judicial Reform Project, and one IDF Grant (the PIU is attached to the Ministry of Economy, Industry and Trade). In the past the same PIU has managed the Institution Building Project, SATAC I, SATAC II, and two IDF Grants. This PIU has seven years' experience implementing Bank-financed projects involving multiple agencies, and has a proven track record. A Steering Committee has been established to ensure coordination between the PIU and the executing agencies (the PIU focusing on project management, and the executing agencies on technical oversight). The Steering Commnittee will be composed of high level representatives from the Ministry of Finance, Ministry of Environment, GIOC, GGIC and the PIU. The Steering Committee will establish monthly activity schedules, and review implementation progress against those schedules. 4.3 Procurement issues: The PIU will handle all procurement under the project (see 4.2). A procurement capacity assessment of the PIU was completed in September 2000, and indicated that the procurement capacity of the PIU is sound. More details of the review can be found in Annex 6. 4.4 Financial management issues: The PIU will be responsible for all financial management under the project (see 4.2). Project accounting procedures will be designed to facilitate preparation of PMRs, although it is envisaged that the project will use the Bank's traditional disbursement procedures. A financial management capacity assessment was carried out in September 2000, and the full report is available in Annex 6. The assessment concluded that because the existing PIU has vast experience and a proven track record in implementing -9- Bank-financed projects, project management responsibilities can be given to the existing PIU, on condition that the current level of staffing, with appropriate skills, be maintained. The project satisfies the Bank's minimum financial management requirements, although some enhancements are needed. A timebound Action Plan was agreed, which requires the PIU to design and implement an enhanced financial management system by March 31, 2001, including the following actions, which were completed in January 2001: draft contract for the audit of the project and draft Project Operational Manual (POM) were submitted to the Bank for review. Once this time-bound action plan is carried out successfully, the project will have developed a financial management system capable of producing on a timely basis the required level of financial management information. 5. Environmental: Environmental Category: C (Not Required) 5.1 Summarize the steps undertaken for environmental assessment and EMP preparation (including consultation and disclosure) and the significant issues and their treatment emerging from this analysis. Since the project consists of technical assistance services, and scientific equipment related to studies, the project is classified as a Category C. Neither an environmental assessment nor an EMP are required. The project itself has a major environmental management focus by assisting in the review of the environmental reports that will be submitted for construction of pipeline facilities. Under the project, technical assistance to government agencies will be provided to ensure that adequate review of environmental studies is carried out for the major oil and gas transit pipelines, and that compliance with permitting requirements and liability legislation is effectively monitored. Public consultation and outreach form an integral part of that process. For non-pipeline oil spill prevention, a separate project component of technical assistance is included. 5.2 What are the main features of the EMP and are they adequate? N/A 5.3 For Category A and B projects, timeline and status of EA: Date of receipt of final draft: N/A 5.4 How have stakeholders been consulted at the stage of (a) environmental screening and (b) draft EA report on the environmental impacts and proposed environment management plan? Describe mechanisms of consultation that were used and which groups were consulted? N/A 5.5 What mechanisms have been established to monitor and evaluate the impact of the project on the environment? Do the indicators reflect the objectives and results of the EMP? N/A 6. Social: 6.1 Summarize key social issues relevant to the project objectives, and specify the project's social development outcomes. Actual pipeline construction and operation will involve right-of-way issues. The project will fund technical assistance to mitigate the social impact of pipeline right-of-way issues (to ensure fair compensation to landowners and neighboring communities, adequate govermmental review of investor social impact assessments etc.). 6.2 Participatory Approach: How are key stakeholders participating in the project? Key government agencies have been intensively involved in project preparation, and will implement the project. Advice of relevant private sector entities (particularly oil and gas companies) has been sought - 10 - during project design. Local consultants from the environmental community are expected to participate in the provision of consultancy advice financed by the project. The project finances a consultative process for environmental and social impact assessment, and includes subsequent public outreach. 6.3 How does the project involve consultations or collaboration with NGOs or other civil society organizations? This technical assistance project will finance a process of stakeholder consultation as actual pipeline investments advance. 6.4 What institutional arrangements have been provided to ensure the project achieves its social development outcomes'? Affected land owners need to be informed and assisted during the land acquisition phase which is carried out by the pipeline investors. To ensure more inclusive participation in planning and decision making, the project will include the following mechanisms: (a) distribution of land owners information materials (i.e. model agreements for land evaluation and land acquisition) and local work session to inform and prepare the affected land owners for the negotiation with the pipeline investors, (b) strengthening/creation of capacity within the government and its implementing agencies to foster improved dialogue and conflict resolution between land owners and pipeline investors, (c) providing access to public documents concerning the legal arrangement (i.e. eminent domain) for land acquisition, and (d) dissemination of the results of the EIA and SIA including public hearings. 6.5 How will the project monitor performance in terms of social development outcomes? The social impact and social development outcomes resulting from pipeline investments will be explicitly indicated in the Social Impact Assessment which is carried out by the pipeline investors. Due to the nature of pipeline projects, a main indicator in the SIA process will be to assess the land evaluation process and land ownership transfer. Therefore, priority will be given to monitoring the stakeholder satisfaction with the land evaluation and negotiations process as well as monitoring of the public hearings. The proposed Energy Transit Institution Building Project will fund disseminatioti of public information concerning the proposed pipeline investments. In particular, it will finance legal and economic guidelines concerning the land evaluation and land acquisition process, as well as guidelines for participation in the public hearing process. Monitoring, identification, and mitigation of social impacts will be a joint responsibility for investors and the Government. Both activities will occur on an iterative basis throughout the project life cycle. The terms of reference of the advisors financed by the project provide sufficient flexibility to deal with monitoring of mitigation of unpredictable social impacts. - 11 - 7. Safeguard Policies: 7 1 Do anN of the following safeguard policies apply to the projeci? Polcy Environmental Assessment (OP 4.01, BP 4.01, GP 4.01) Natural habitats (OP 4.04, BP 4.04, GP 4.04) Forestry (OP 4.36, GP 4.36) Pest Management (OP 4.09) Cultural Property (OPN 11.03) Indigenous Peoples (OD 4.20) Involuntary Resettlement (OD 4.30) Safety of Dams (OP 4.37, BP 4.37) Projects in International Waters (OP 7.50, BP 7.50, GP 7.50) Projects in Disputed Areas (OP 7.60, BP 7.60, GP 7.60) Applicablity 0 Yes 0 No O Yes * No D Yes * No 0 Yes * No 0 Yes * No 0 Yes * No O Yes * No 0 Yes 0 No 0 Yes * No 0 Yes * No 7.2 Describe provisions made by the project to ensure compliance with applicable safeguard policies. None of the above safeguard policies are applicable. - 12 - F. Sustainability and Risks 1. Sustainability: It is critical to the sustainability of project benefits that transit pipelines retain high-level political support in Georgia, but that political objectives do not overwhelm economic, social and environmental considerations in order to ensure broad-based stakeholder ownership. It is important that state agencies with divergent objectives (in particular GIOC and GGIC) manage to coordinate their activities. In addition, the sustainability of project benefits will be enhanced if foreign investors in transit pipelines behave as good corporate citizens. 2. Critical Risks (reflecting the failure of critical assumptions found in the fourth column of Annex I): Risk From Outputs to Objective Risk Rating Risk Mitigation Measure Private investors do not proceed with oil pipeline H Private investors do not conclude negotiations or fail to proceed with implementation of gas pipeline Investors do not fully respect oil or gas transit agreement provisions S Early mid-term review to consider project restructuring if needed, and use of time-based contracts for most consultants Early mid-term review to consider project restructuring if needed, and use of time-based contracts for most consultants Georgia fulfills its side of the bargain, and monitors investor performance closely using capacity built by the project Credible negotiating positions using capacity built by the project, consensus-building through public outreach on importance of transit agreements being stable over time, and dialogue with Bank and IMF GIOC and GGIC maintain past track record in managing consultants. Each agency has designated a coordinator who will be responsible for technical supervision of the consultants. M Short-term political interventions override long-term economic and environmental objectives in transit negotiations H Consultants are poorly-managed by GIOC, GGIC, and Ministry of Environment M From Components to Outputs Poor coordination between key agencies S Strong government oversight from high level, and establishment of steering committee, combined with Bank supervision and involvement of key advisors in coordination Lack of staff continuity at PIU and other agencies. Inadequate counterpart funds M Government-Bank dialogue on importance of continuity Government-Bank dialogue M H Risk Rating - H (High Risk), S (Substantial Risk), M(Modest Risk), N(Negligible or Low Risk) Overall Risk Rating - 13- 3. Possible Controversial Aspects: The project is unlikely to be controversial, even though the pipelines themselves can be expected to be so. The pipelines give rise to geopolitical controversy, and social/environmental concerns; the project is politically neutral between different pipeline options, and assists in the management of social/environmental impacts. G. Main Loan Conditions 1. Effectiveness Conditions i. The Borrower has entered into agreements acceptable to the Association between GIOC and the Borrower, and between GGIC and the Borrower, governing financial relations between the Borrower and GIOC and GGIC with effect from Government Budget year 2001, and the main points of the agreements have been published in the territory of the Borrower. The project Steering Committee has been appointed with membership and mandate acceptable to ii. the Association. iii. The Borrower has opened the Project Account with deposit of an initial amount of US$ 100,000. 2. Other [classify according to covenant types used in the Legal Agreements.] i. Annual signature of agreements acceptable to IDA governing financial relations between the Government of Georgia, and GIOC and GGIC respectively (commencing with coverage of Government Budget year 2002). Main points of the agreements to be published in the Georgian press within one month of conclusion of the agreements; ii. Continuity of project Steering Committee arrangements as specified in effectiveness condition, unless changes have been agreed with IDA; iii. PIU to submit audit reports and audited financial statements, including management letters, for the project, not later than six months after the close of the fiscal year; iv. PIU to submit to IDA by September 30, 2005 the Borrower's contribution to the Implementation Completion Report; v. PIU to maintain adequate staffing with appropriate skills; vi. Mid-term review by June 30, 2002 to assess overall progress in project implementation; vii. PIU to submit to IDA within 60 days after the end of each calendar year a report integrating the results of the monitoring and evaluation activities and recommending measures to ensure the efficient carrying out of the Project and the achievement of the project objectives; viii. Borrower to carry out a timebound Action Plan acceptable to IDA for the strengthening of its financial management system for the Project in order to enable it, not later than June 30, 2001, to prepare quarterly Project Management Reports, acceptable to IDA; ix. Borrower shall cause the PIU to implement the financial management system action plan not later - 14 - than June 30, 2001; x. Borrower to maintain a Project Account, wherein it shall deposit an amount from its own resources sufficient to cover the portion of counterpart financing requirements for local expenditures for which the Borrower is responsible under the project financing plan and which are projected to be made under the project in the three months succeeding. Except as otherwise agreed by IDA, the balance in the Project Account, as of the first day of each quarter, shall not be less than $100,000. H. Readiness for Implementation 1. a) The engineering design documents for the first year's activities are complete and ready for the start of project implementation. Z 1. b) Not applicable. 0 1 2. The procurement documents for the first year's activities are complete and ready for the start of project implementation. Z 3. The Project Implementation Plan has been appraised and found to be realistic and of satisfactory quality. 0 4. The following items are lacking and are discussed under loan conditions (Section G): 1. Compliance with Bank Policies 1 1. This project complies with all applicable Bank policies. EO 2. The following exceptions to Bank policies are recommended for approval. The project complies with all other applicable Bank policies. NiL5-~ (&Peter D. Thomson Team Leader & t Hossein Razavi Sector Manager -15- i -~- _ ^ /\* __ Judy M. O'Connor Country Manager _ _ Annex 1: Project Design Summary GEORGIA: Energy Transit Institution Building Key Polwn'ance Critical Assumptions Monitoring & Evaluation Hlerarchy of Objectives indicators Sector! country reports: (from Goal to Bank Mission) Sector-related CAS Goal: Sector Indicators: The project supports three of Sustainable fiscal stance, and Macroeconomic reports from The Government remains macroeconomic stability. IMF and World Bank. committed to private the CAS priorities, namely: participation in infrastructure "I) stabilization support, as as being critical to econom .c Improved public perception of continued weaknesses in growth and poverty reduction, public finance jeopardize the environmental management. and pursues stabilization objective; 2) environmentally-sustainable strengthen and diversify development. sources of growth by removing remaining barriers to private sector development; and 3) assist the Government in introducing institutional and policy reforms needed to protect Georgia's environmental and natural resources." Project Development Objective: The project aims to enhance the capacity of the Georgian State to negotiate and implement oil and gas transit agreements in a manner that maximizes economic benefits, and minimizes social and environmental costs. Georgia has considerable potential for transit of hydrocarbons, particularly by comparison to its other economic assets. However, realizing positive net benefits from large transit investments (in a very complex geopolitical context) requires very careful management by the State and substantial institution building. Outcome I Impact Indicators: Expected benefits actually realized. Project reports: (from Objective to Goal) Mid-term review and supervision reports by Bank staff. Reports from consultants. Transit agreements balance the interests of Georgia and private investors, thereby increasing the probability that agreements will be politically sustained. - 16 - Key Performance Indicators of Objectlves Hierarchy Output Indicators: Output from each Component: Fulfillment of legal A. The Government of Georgia will have fulfilled its agreements and legislation. environmental, social and technical obligations under the pipeline transit agreements and Georgian law. B. The Government of Georgia will have achieved maximum benefit from legal interpretation of transit agreements (while avoiding unnecessary legal disputes), and will have revised Georgian legislation where necessary for this purpose. Critical Assumptions Monitoring & Evaluation (from Outputs to Objective) Project reports: Mid-term review and supervision reports by Bank staff. Reports from consultants. Private investors proceed with oil and gas pipelines, and fully respect transit agreement provisions. Political interventions are measured against economic and environmental objectives in transit negotiations and implementation Benefits realized, and legislative amendments adopted. C. GIOC and GGIC will have Audit reports published. been audited according to international standards, and the audits will have been published. Mid-term review and supervision reports by Bank staff. Reports from consultants. Political interventions are measured against economic and environmental objectives in transit implementation. Audit reports and Bank staff review of those reports. GIOC and GGIC remain committed to transparent operations. D. The Ministry of Environment will have monitored and enforced compliance with liability legislation and technical standards to prevent/mitigate oil spills, and will have undertaken spill mitigation where it is directly responsible. Actual examples of enforcement and mitigation. Mid-term review and supervision reports by Bank staff. Reports from consultants. Ministry of Environment remains committed to sound environmental management practices, and is not overruled for political or other reasons. E. Procurement, contract management, and financial management of the project will have been carried out in accordance with Bank guidelines. No breaches of guidelines identified on review. PIU progress reports, Bank supervision reports. Consultants are well-managed by GIOC, GGIC, and Ministry of Environment. - 17- Mid-term review and supervision reports by Bank staff. Reports from consultants. (from Components to Outputs) Good coordination between key agencies, particularly GIOC, GGIC, and Ministry K)f Environment. B. Legal Advice for Pipeline US$ 1.00 million Implementation will include specialized pipeline lawyers to advise the Governrment on legal issues arising from implementation of the various transit agreements negotiated, including the revision of Georgian legislation where necessary. Financial or fiscal skills may also be needed to complement legal advisory skills. Mid-term review and supervision reports by Bank staff. Reports from consultants. Good coordination between key agencies, particularly GIOC, GGIC, and Ministry c f Environment. C. Company Audits will include financial audits (according to internationally-accepted standards) to be conducted annually for GIOC and GGIC to enhance transparency of company operations. Audit reports, and review by Bank staff. Auditors are well-selected Project Components I Inputs: (budget for each Sub-components: component) A. Environmental and US$8.40 million. Technical Advice for Pipeline Implementation will include consultancy services to assist the Government in fulfilling its obligations under oil and gas pipeline transit agreements on a timely basis (Georgia incurs substantial liabilities if there are delays against very short deadlines in the agreements). This will involve environmental, social, technical, and public relations consultants (international and local) to address oil and gas transit issues jointly. It will also include technical/environmental advisors for negotiations of transit of gas from (or through) Russia. US$ 0.24 million Project reports: - 18 - US$ 1.07 million Mid-term review and supervision reports by Bank staff. Reports from consultants. Good coordination between Ministry of Environment and other state agencies E. Project Implementation US$ 1.08 million will be provided by the PIU currently managing the Structural Reform Support Project, in conjunction with GIOC, GGIC, the Ministry of Environment and other agencies responsible under the transit agreements. This component will provide for office equipment and related needs. PIU progress reports, Bank supervision reports. Staff continuity at PIU and other agencies. D. Non-pipeline Oil Spill Prevention and Mitigation Component will address oil spill risks related to marine and rail transportation of oil, through (i) the provision of essential equipment to facilitate spill response, monitoring and enforcement by the Ministry of Environment; (ii) consultant services; and (iii) training. Adequate counterpart contribution. - 19- Annex 2: Detailed Project Description GEORGIA: Energy Transit Institution Building Background Georgian cooperation with the World Bank Group over pipeline transit began in 1995. At that time, the Government of Georgia and the Georgian International Oil Corporation (GIOC), the state agency responsible for coordinating oil pipeline transit, requested financing on an urgent basis for short-term advice in their "Early Oil" negotiations with the Azerbaijan International Operating Company over the Baku-Supsa pipeline. GIOC was newly established, and Georgia was undertaking its first involvement in a privately financed large infrastructure project. This collaborative effort with the Bank later developed into a range of cooperation with the Bank Group to build institutions, enhance the policy framework, and to finance investment in infrastructure. In 1997, Georgia and the World Bank agreed on an Oil Institution Building Project. The Bank credit financed a feasibility study of a potential Baku-Supsa major export pipeline (MEP), as well as financial and legal advisors for MEP negotiations. The feasibility study covered economic, financial, legal, engineering and environmental issues, and provided GIOC with substantial training in those disciplines. It also involved the extensive use of Georgian consultants (particularly environmental scientists) alongside international experts, ensuring that local knowledge was incorporated and that technology was effectively transferred. In addition, a National Oil Spill Contingency Plan is being prepared under the Integrated Coastal Management Project financed by the Netherlands Government. The final report is available. The training provided by the Baku-Supsa feasibility study helped to prepare GIOC for the negotiations of the Baku-Thilisi-Ceyhan Intergovermnental and Host Government Agreements (the Oil IGA and Oil HGA respectively). This was complemented by internationally experienced negotiation advisors. The Georgian Government and GIOC were thus able to formulate negotiating positions in a better-informed manner than had been the case for Early Oil. The law on eminent domain allowed Georgia to negotiate provisions in the Baku-Thilisi-Ceyhan HGA that significantly reduce the Government's cost exposure in acquisition of land or access rights for the pipeline corridor. Those provisions in the HGA, and the new law on eminent domain, should ensure that the pipeline investors will adequately compensate private landowners whose land is needed for that corridor. The law on transportation of hazardous substances ensures that polluters pay for any pollution. It imposes "strict" liability on a pipeline operator, such that the operator is obliged to clean up oil spills and compensate for damage, even if that damage were caused by a third party (the operator can then seek restitution from the third party). The law should ensure that pollution is cleaned up quickly, and that parties suffering loss can claim compensation. The law's provisions were incorporated in the Oil HGA. Georgia and the Bank have also cooperated in gas pipeline transit. The Structural Reform Support Project has provided funding for fmancial and legal advisors for the Georgian Gas International Corporation (GGIC, the state agency responsible for coordinating gas pipeline transit) to better assist the Government in transit negotiations. Within the framework of the Energy Transit Institution Building Project technical, environmental and legal advisors are required to provide support and enhance the capacity of the Georgian Government to implement Oil and Gas transit agreements in a manner that maximizes economic benefit, ensures that design, construction and operation of the facilities are in compliance with international technical and environmental standards and best practices, and minimizes social impacts. For effective and targeted - 20 - assistance the ETIB includes five individual project components: By Component: Project Component I - US$8.40 million Environmental and Technical Advice for Pipeline Implementation will include consultancy services to assist the Government in fulfilling its implementation obligations under oil and gas pipeline transit agreements on a timely basis (Georgia incurs substantial liabilities if there are delays against very short deadlines in the agreements). These services will focus on reviewing environmental/social impact assessments, permitting, compliance monitoring, and public outreach. The component will thus go beyond environmental impact assessment, and will strengthen long-term environmental management capacity.This will involve environmental, public communications, social and technical consultants (international and local) to address East-West oil and gas transit implementation issues jointly. The environmental and technical (route selection) advisors will be under separate, but complementary, terms of reference. This project component will also include technical/environmental advisors for negotiations of transit of gas North-South from Russia (technical advisors for East-West gas transit negotiations have been provided by USTDA). A) The scope of work for environmental advisors on the East-West oil and gas pipelines includes several elements to support the GoG (and its implementing agencies) to: (i) fulfill its environmental and social review obligations under the IGAs and HGAs; (ii) monitor the public review process for the EIA/SIA, and facilitate widespread public participation and information dissemination; (iii) ensure that international standards and best practice in respect to the EIA and SIA are applied; (iv) provide support in continuing negotiations with the pipeline investors/sponsors conceming additional environmental and social issues which may arise during the implementation phase; and (v) carry out a training program which is targeted to build institutional capacity in respect to the EIA and SIA review process. In more detail the Terms of Reference include but are not limited to: 1. Assist the Government of Georgia to fulfill its "environmental review" obligations under transit agreements on a timely basis. (Georgia incurs substantial liabilities if there are delays against very short deadlines in the Oil HGA). The principal agencies to be involved are GIOC, GGIC, and the Ministry of Environment. The scope of services shall include but not be limited to: (a) to review and comment on the environmental issues pertaining to the route selection process as described in each HGA; (b) to assess the capacity of independent consultants employed by the pipeline investors/sponsors for preparing the environmental strategy products (i.e. scoping study, social impact assessment, baseline study and environmental impact assessment) and provide conmments on their acceptability for this work; (c) to review and comment on the documents pertaining to the environmental strategy product (i.e. scoping study, social impact assessment, baseline study and environmental impact assessment) as outlined in each HGA; and to advise on the adequacy of the public review process of the EIA carried out by the pipeline (d) investors/sponsors, as outlined in each HGA. Note: the remaining components of the environmental strategy products (i.e. risk assessment and spill response plan) will be reviewed by the technical advisor. However, a cross-review by the environmental - 21 - advisor of those documents will be required. Provide support to the Government of Georgia during the implementation of each HGA and to 2. support negotiations/discussions related to future oil and gas transit agreements. The proposed environmental advisory service will also provide on a "as needed" basis support to the Government of Georgia and its agencies GIOC and GGIC for negotiations/discussions pertaining to the HGAs for Oil and Gas Transit or to other related transit agreements. The scope of services shall include but not be limited to: to support and assist the Government of Georgia and its agencies with respect to environmental and (a) safety issues in meetings with the pipeline investors/sponsors; (b) to support and assist the Government of Georgia and its agencies as well as other advisors (technical, legal, economic and financial) in continuing negotiations with the pipeline investors/sponsors concerning additional issues which may arise during the implementation phase; (c) to review and comment on any additional documents pertaining to the route selection process and environmental strategy products which may be submitted by the pipeline investors/sponsors for coordination purposes. In particular the environmental advisor shall monitor if the pipeline Right of Way (ROW) selection by the pipeline investors/sponsors is in accordance with the relevant environmental standards as outlined in the respective HGA and evaluate social and environmental impacts and proposed mitigation measures; (d) to support and assist the Government of Georgia and its agencies in acquiring and preparation of all social and environmental infornation and data necessary for the pipeline investors/sponsors to carry out the route selection process in accordance with the process outlined in the respective HGA; (e) to compile and supply all socio-economic and environmental data on the pipeline corridor and final ROW which are relevant for incorporation into a Geographic Informnation System (GIS). The GIS will be developed and maintained by the technical advisor; (f) to support and assist the Government of Georgia and its agencies in identifying social and environmental issues pertaining to ROW and access to the pipeline corridor for the pipeline investors/sponsors. In particular this includes a thorough evaluation of the procedure proposed by the pipeline investors/sponsors for land users/occupiers subject to resettlement, sensitive areas and wilderness, coastal areas and wetlands and cultural properties; (g) to support and assist the Government of Georgia and its agencies in all social and environmental aspects of the pernit procedures for transit pipelines as outlined in the HGAs; (h) to provide on the job and possibly other training for a group of selected staff from the Government of Georgia and its implementing agencies in respect of environmental management aspects of oil and gas pipelines projects. Furthermore, the training material shall also include examples and case studies of social and environmental impact assessment of existing or planned oil or gas pipelines in the European Union or North America to demonstrate step by step the applicable pertnitting and review process, to explain in detail the rationale for the selection of recommended mitigation measures and monitoring programs; - 22 - (i) to review and advise on all required social and environmental documentation, applicable standards and best international practice for social and environmental impact assessment, and risk assessment. Furthermore, the environmental advisor shall indicate if the applicable standards outlined in the HGAs or used in the implementation are in compliance with international best practices (in particular North American or European Union) and the relevant social and environmental safeguard policies published by the World Bank Group; (j) to advise the Government of Georgia concerning the capacity of respective Ministries and agencies in charge of monitoring and enforcement of mitigation measures and propose further training if found necessary; (k) to provide the Government of Georgia and its agencies with experienced technical interpretation/translation; B) The scope of work for technical (route selection) advisors on the East-West oil and gas pipelines includes several elements to support the GoG and its implementing agencies in respect to: (i) fulfill its technical review obligations under the IGAs and HGAs, (ii) ensure organizational effectiveness in providing infornation to the pipeline investors and land owners concerning the land acquisition of the pipeline Right of Way, (iii) ensure that international standards and best practice in respect to pipeline design and safety are applied, (iv) provide support in continuing negotiations with the pipeline investors/sponsors concerning additional technical and route selection issues which may arise during the implementation phase and (v) carry out a training program which is targeted to build institutional capacity in respect to permitting procedures for pipeline for hydrocarbon transport. In more detail the Terms of Reference include but are not limited to: I. To assist the Government of Georgia to fulfill its obligations under the IGAs and HGAs (and other related agreements) on a timely basis. (Georgia incurs substantial liabilities if there are delays against very short deadlines in the Oil HGA). The principal agencies involved are GIOC, GGIC, and the Ministry of Environment. The scope of services shall include but not be limited to: (a) to review and comment on the documents pertaining to each route selection process as described in the respective HGA; (b) to assess the capacity of independent consultants employed by the pipeline investors/sponsors for preparing the environmental strategy products (i.e. risk assessment and spill response planning) for each project and provide comments on their acceptability for this work; (c) to review and comment on the documents pertaining to the environmental strategy product (i.e. risk assessment and spill response planning) for each project outlined in the respective HGA; (d) to analyze and develop the basic framework and information outlined in each HGA to facilitate the land acquisition process; (e) to review and comment on the basic and final design of the facilities and in particular if the design is in compliance with the technical standards outlined in the respective HGA; 2. Provide support to the Government of Georgia for negotiations/discussions related to oil and gas - 23 - transit agreements The proposed technical advisory service will also provide on an "as needed" basis support to the Government of Georgia and its agencies GIOC and GGIC for negotiations/discussions pertaining to the HGAs for oil and gas transit pipeline projects, or to other related transit agreements. The scope of services shall include but not be limited to: (a) to support and assist the Government of Georgia and its agencies in coordination meetings with the pipeline investors/sponsors for each project; (b) to support and assist the Government of Georgia and its agencies as well as other advisors (environmental, legal, economic and financial) in continuing negotiations with the pipeline investors/sponsors concerning additional issues which may arise during the implementation phase; (c) to review and comment on any additional documents pertaining to each pipeline project's route selection process, environmental strategy products and design of the facilities which may be submitted by the pipeline investors/sponsors for coordination purposes. In particular the technical advisor shall monitor if the Right of Way (ROW) selection by the pipeline investors/sponsors is in accordance with the relevant technical and environmental standards as outlined in the respective HGA; (d) to support and assist the Govermment of Georgia and its agencies in acquiring and preparation of all technical information and data necessary for the pipeline investors/sponsors to carry out the route selection process as outlined in the route selection and land acquisition process of the respective HGA. In particular the technical consultant shall ensure organizational effectiveness in the data collection and evaluation process; (e) to supply a Geographic Information System (GIS) and built up GIS data base to establish and maintain all aspects of ROW information and activities pertaining to the oil and gas pipeline corridor. This includes incorporation and regular updates with social and environmental data supplied by other advisors in particular the environmental advisor; (f) to support and assist the Government of Georgia and its agencies in acquiring the ROW for the pipeline routes agreed with the pipeline investors/sponsors. This includes identification, notification of land users/occupiers as well as setting up a transparent procedure for evaluation of the fair and reasonable compensation to be paid by the pipeline investors for land; (g) to support and assist the Government of Georgia and its agencies in all aspects of the permit procedures for transit pipelines as agreed in the respective HGA; (h) to provide on the job training for a group of selected staff from the Government of Georgia and its implementing agencies in respect of the technical and organizational aspects of document review, route selection, permit procedures, land evaluation/acquisition and GIS. Furthermore, the technical advisor shall organize site visits of transit pipelines (at least one oil and one gas pipeline) operated by western companies as well as visits to the relevant permiit authorities and government representatives for the respective pipelines. The site visits shall also include a three day seminar to discuss examples and case studies of permits of existing or planned oil or gas pipelines in the European Union or North America to demonstrate step-by-step the applicable pemnitting and review process; - 24 - (i) to review and advise on all required technical documentation, applicable standards and best international practice, including but not limited to route selection, pipeline design, construction and operation as well as industry specific safety and environmental issues (in particular, recent developments in North America and the EU in respect to pipeline safety and environmental risk analysis); (j) to provide the Government of Georgia and its agencies with experienced technical interpretation/translation. C) The scope of work for the technical/environmental advisors for negotiations of North-South transit of gas will include: (i) to advise GGIC on all technical and environmental aspects of the Project, in particular to review from a technical perspective all proposals, studies (including feasibility and other technical advisors to project participants), reports, and tenders; (ii) to advise GGIC on cost estimates for new pipeline infrastructure, as well as on technical evaluation of the existing gas infrastructure and cost estimates for rehabilitation and any other investment which may be necessary to bring the existing infrastructure which can be used for the gas transit projects to international technical, environmental and safety standards; (iii) to support and assist GGIC and the Lead Advisor in the negotiations phase, including assisting in the preparation of negotiating options and opening negotiation positions; (iv) to review and advise on all required technical documentation, including but not limited to pipeline design, construction and operation as well as industry specific safety and environmental issues; (v) to review and comment on any additional documents pertaining to the route selection process, environmental strategy products (e.g. scoping, baseline, risk assessment and EIA) and design of the facilities which may be submitted by the Pipeline Investors for coordination purposes. In particular the technical advisor shall monitor if the Right of Way (ROW) selection by the Pipeline Investors is in accordance with the relevant technical and environmental standards; (vi) to support and assist the GGIC in acquiring and preparation of all technical and environmental information and data necessary for the Pipeline Investors to carry out its route selection process; (vii) to support and assist the Government of Georgia and its agencies in acquiring the ROW for the pipeline corridor selected by the Pipeline Investors. In particular the technical consultant shall ensure organizational effectiveness in regard to identification, notification of land users/occupiers as well as setting up a transparent procedure for evaluation of the compensation offered by the Pipeline Investors for Land; (viii) to advise and assist GGIC in preparation and implementation of a gas metering configuration suitable for custody transfer of transit pipelines and in accordance to international standards; (ix) to support and assist the Government of Georgia and its agencies in all aspects of the permit procedures for transit pipelines; (x) to advise and assist GGIC in the technical and organizational requirements for an operating - 25 - company of a gas transit pipeline; (xi) to develop a comprehensive model to obtain the economic and financial cost for gas transit. The model should be structured to enable ongoing analyses under a variety of throughput, cost, financing, investment, tax and tariff assumptions in response to project developments. In particular, the model should show explicit trade-offs between inter alia tax/transit fee revenue and rate of return on Georgian equity (if any). The financial advisor will provide input in respect to assumptions for financing, investment and tax used in the model. However, the technical advisor shall have the overall responsibility for development of the model. Training to enable GGIC personnel to modify the model, to reflect substantive changes in structures, assumptions and methodologies as the project progresses shall be included; (xii) to provide on the job and possibly other training to at least two GGIC personnel in respect of the technical and organizational aspects of the Project, and in particular in respect of GGIC' s participation in the Project. This is with a view to leaving GGIC with personnel capable of performing day-day technical and organizational tasks; (xiii) to provide experienced technical interpretation/translation during negotiations and implementation phases of the Project. Project Component 2 - US$1.00 million Legal Advice for Pipeline Implementation will include specialized pipeline lawyers to advise the Government on legal issues arising from implementation of the various transit agreements negotiated, including the revision of Georgian legislation where necessary. Financial or fiscal skills may also be needed to complement legal advisory skills. These advisors will only be needed once existing legal (and financial) consultancy contracts (financed by SRS) expire, and precise terms of reference will be elaborated at that time. Project Component 3 - US$ 0.24 million Company Audits will include financial audits (according to internationally-accepted standards) to be conducted annually for GIOC and GGIC to enhance transparency of company operations (audits are to be published in the Georgian press). The credit will finance part of the cost of the company audits in the first year of the project only. Project Component 4 - US$1.07 million Non-pipeline Oil Spill Prevention and Mitigation Component will address marine-based and land-based oil spill issues. On the marine-based oil spill side, the component will consist of: (a) consultant services to finalize the draft National Oil Spill Contingency Plan and to translate it into the national legislative and regulatory framework, to assist in the preparation and ratification of the 1992 Civil Liability Convention and the FUND Convention, and to prepare co-operative agreements with private companies with equipment to handle major oil spills (tiers 2 and 3 types); (b) procurement of oil spill response equipment for the State Marine Rescue Co-ordination Center within the Maritime Administration, responsible for responding to emergency oil-spill clean up operations; (c) procurement of laboratory equipment for the Convention Inspection Office for the Protection of the Black Sea, responsible for the enforcement of the MARPOL convention; (d) training in equipment operation and maintenance for those responsible for combating oil spills, i.e. staff of the National Rescue Center, management personnel in ports, and captains of ports responsible for the co-ordination of the intervention; and (e) support to allow Georgia to further advance and promote the concept of a regional approach for oil-spill response and to develop a regional policy of cooperation in the management of oil-spills in the Black Sea. - 26 - On the land-based oil spill side, the component will involve: (a) consultant services to carry out a detailed risk and impact study to evaluate the likelihood that oil spills will occur during the transport of oil by railways and the impacts (social, cultural and environmental) that would result in the event of oil spills, identify opportunities for reducing the impacts of the spills, review the institutional framework for emergency response (including the development of a detailed assessment of the current legal and institutional framework, liability issues and the emergency response approach in Georgia), identify the required regulatory/legal/organizational framework for emergency response and the gaps in existing framework, develop a plan to strengthen institutional, physical and strategic capacity to respond to land-based oil spills; (b) procurement of basic monitoring equipment for the Department of Environment Pernits within the Ministry of Environment; and (c) training on environmental data collection and management systems. Project Component 5 - US$1.08 million Project Implementation will be provided by the PIU currently managing the Structural Reform Support Project, in conjunction with GIOC, GGIC, the Ministry of Environment and other agencies responsible under the transit agreements. This component will provide for office equipment, annual audit of the project accounts, incremental operating costs and related needs. - 27 - Annex 3: Estimated Project Costs GEORGIA: Energy Transit Institution Building Project Cost By Component Environmental and Technical Advice Legal Advice Company Audit - GIOC Company Audit - GGIC Non-Pipeline Oil Spill Mitigation Unallocated Project Implementation (incremental operating costs, project audit, equipment) Total Baseline Cost Physical Contingencies Price Contingencies Total Project Costs Total Financing Required Project Cost By Category Goods Works Services Training Unallocated Incremental Operating Costs of PIU Beneficiaries' Incremental Costs for Project Total Project Costs Total Financing Required Local US $million 1.70 0.20 0.02 0.02 0.11 0.10 0.88 Forelgn US 6.70 0.80 0.10 0.10 0.96 0.40 0.20 | Total U millionr 8.40 1.00 0.12 0.12 1.07 0.50 1.08 3.03 0.00 0.00 3.03 3.03 9.26 0.00 0.00 9.26 9.26 12.29 0.00 0.00 12.29 Local US $million 0.00 0.00 2.13 0.02 0.10 0.37 0.41 3.03 3.03 Foreign US $million 0.66 0.00 8.00 0.10 0.40 0.10 0.00 9.26 9.26 Total US $million 0.66 0.00 10.13 0.12 0.50 0.47 12.29 0.41 12.29 12.29 Identifiable taxes and duties are 2.15 (US$m) and the total project cost, net of taxes, is 10.14 (US$m). Therefore, the project cost sharing ratio is 94.9' 'o of total project cost net of taxes. - 28 - Annex 4 GEORGIA: Energy Transit Institution Building Not applicable. - 29 - Annex 5: Financial Summary GEORGIA: Energy Transit Institution Building Years Ending June 2001 - June 2005 |F Year 1 Year 2 " Year 3 Year 4 PER'OD | Year 5 Year 6 Year 7 Total Financing Required Project Costs Investment Costs Recurrent Costs Total Project Costs Total Financing 0.2 0.1 0.3 0.3 2.7 0.4 3.1 3.1 2.4 0.2 2.6 2.6 2.4 0.2 2.6 2.6 0.3 2.8 2.5 2.5 1.5 0.0 (1.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.3 0.0 0.0 0.0 0.0 0.0 0.1 0.0 0.0 0.0 0.0 0.0 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 (1.0 (1.0 (1.0 (1.0 (.0 (1.0 1.4 0.1 1.5 1.5 0.0 0.0 0.0 0.0 0.0 (0.0 0.0 0.0 Financing IBRDIIDA Government Central Provincial Co-financiers User Fees/Beneficiaries Others Total Project Financing 0.3 3.1 2.6 2.6 1.5 0.0 Main assumptions: Since the technical assistance financed by the Project deals with specific issues arising as the pipelines are implemented, e.g., review of an Environmental Impact Assessment, which would be a one-time review, the costs are not expected to continue beyond the implementation period, so no expenses have been estimated for the operational period. Identifiable taxes, estimated at US$2.15 million, are not included. - 30 - (1.0 Annex 6: Procurement and Disbursement Arrangements GEORGIA: Energy Transit Institution Building Procurement The services of consultants and goods will be procured in accordance with the latest edition of the Bank's Guidelines. The project activities not financed by IDA will be procured in accordance with the national regulations. The project elements, their estimated cost and procurement methods are summarized in Tables A and Al. The thresholds for each procurement method and Bank prior review (including aggregate values) are shown in Table B. A procurement plan detailing the packaging and estimated schedule of the major procurement actions is presented in Table B 1. All other procurement information, including capability of the implementing agency, estimated dates for publication of GPN and the Bank's review process is presented in Table B2. Goods Goods (approximately US$660,000 ) consisting of environmental monitoring and office equipment will be procured through Intemational Shopping, as per the paras. 3.5 and 3.6 of the Guidelines. Consulting Services Contracts for Consulting Services (US$8.30 million) will be awarded for technical and environmental advisory services, non-pipeline oil spill mitigation advisory services, training, auditor's services (firms) and legal services (individuals). The following methods of selection will be followed: (a) Quality-and Cost-Based Selection (QCBS) procedures will be used for consultant's services with firms (except auditors) estimated to cost more than $100,000. (b) Least-Cost Selection (LCS) will be used for auditors' services (company audits) and training. (c) Individual Consultants Selection will be used for legal advisors for GGIC and GIOC and for smaller miscellaneous advisors; (d) Single Source Selection, for an amount not to exceed US$100,000, will be used for the audit of the project accounts, using the same auditors the PIU has already contracted to audit the other projects it manages. Notification of Business Opportunities A General Procurement Notice (GPN) was published in the June 16, 2000 issue of Development Business. For consultants' contracts above US$200,000 a Request for Expressions of Interest will be advertised in Development Business (in the English Language) and in a major local newspaper (in English and in the national language). Review by the Bank of Procurement Decisions Prior review: (a) Goods: As there will be only minor procurement of goods, the prior review will be conducted for the first two contracts. (b) Consulting Services: Terms of reference for all consulting assignments will be subject to prior review by IDA. Terms of reference for legal services will also be reviewed by IDA's Legal Department. Requests for Proposals (RFP) short lists, terms and conditions of contracts as well as evaluation reports and recommendations for award will be prior reviewed by IDA for contracts for individual consultants above $50,000 and furms above $100,000. After award of contract, should any material modifications or waiver of terms and conditions of a contract result in an increase above 15% of the original amount, IDA will reserve the right to prior review - 31 - of such modifications (including modifications to contracts for consulting services). Ex-post review: All tenders, not subject to prior review, are subject to Bank ex-post review. All documentation, including, but not limited to: TOR, bidding documents or requests for proposals, bids or proposals received, correspondence on all bids either prior to or following award of contract including IDA no objections, contracts and any subsequent amendments should be maintained until at least six months following the close of the Project. Procurement methods (Table A) Table A: Project Costs by Procurement Arrangements (US$ million equivalent) Expenditure Category ICB Procurement Method NCB Other .1. Works 0.00 (0.00) (0.00) 2. Goods 0.00 (0.00) 0.00 (0.00) 0.00 (0.00) 0.00 (0.00) 0.00 (0.00) 0.00 (0.00) 0.00 (0.00) 0.00 (0.00) 0.00 (0.00) 0.00 (0.00) 3. Services 4. Unallocated 5. Miscellaneous \3 Total 0.00 N.B.F. Total Cost 0.00 (0.00) ('.00 0.00) (0.00) (0.00) 0.66 (0.66) 8.30 (8.20) 0.40 (0.40) 0.37 (0.37) 9.73 (9.63) 0.00 (0.00) 0.00 (0.00) 0.00 (0.00) 0.41 (0.00) 0.41 (0.00) 0.66 (0.66) 8.30 (8.20) 0.40 (0.40) 0.78 (0.37) 10.14 (9.63) Figures in parenthesis are the amounts to be financed by the IDA Credit. All costs include contingencies Includes civil works and goods to be procured through national shopping, consulting services, services of contracted staff of the project management office, training, technical assistance services, and incremental operating costs related to (i) managing the project, and (ii) re-lending project funds to local government units. 3/ Incremental operating costs for PIU. 4/ Procurement tables were prepared using the net of tax project cost. 2 - 32 - Table Al: Consultant Selection Arrangements (optional) (US$ million equivalent) Consuntant Services Expenditure QCBS Category B. Individuals Total Metiod oBS SFB LCS CQ Other N.B.F. Total Cost 6.80 (6.80) 0.00 0.00 (0.00) 0.00 0.00 (0.00) 0.00 0.30 (0.20) 0.00 0.00 (0.00) 0.00 0.10 (0.10) 1.10 0.00 (0.00) 0.00 7.20 (7.10) 1.10 I (0.00) _ A. Firms Selection _ (0.00) (0.00) (0.00) (0.00) (1.10) (0.00) (1.10) 6.80 0.00 0.30 0.00 (6.80) (0.000. 0.00 00 1.20 (1.20) 0.00 (0.00) 8.30 (8.20) (0.20)0.0.00) 1\ Including contingencies Note: QCBS = Quality- and Cost-Based Selection QBS = Quality-based Selection SFB = Selection under a Fixed Budget LCS = Least-Cost Selection CQ = Selection Based on Consultants' Qualifications Other = Selection of individual consultants (per Section V of Consultants Guidelines), Single Source Selection of Auditors for audit of the project accounts (US$100,000). N.B.F. = Not Bank-financed Figures in parenthesis are the amounts to be financed by the Bank Credit. - 33 - Prior review thresholds (Table B) Table B: Thresholds for Procurement Methods and Prior Review Contract Value Threshold (US$ thousands) 0.00 Procurement Method NA Contracts Subject to Prior Review (US$ millions) 0.00 2. Goods 0.10 IS 0.20 3. Services- LCS 3.b QCBS 3.c. Individual 3.d Single Source Miscellaneous (Incremental Operating Costs) 0.10 LCS, QCBS 0.20 6.80 1.10 0.10 Expenditure Category 1. Works Ind. SS. Total value of contracts subject to prior review: 8.40 Overall Procurement Risk Assessment Average Frequency of procurement supervision missions proposed: One evety 12 months (includes special procurement supervision for post-review/audits) - 34 - Procurement description Annex 6 Table B1: Procurement Plan ProcureBid doc. 1. Advertise 1. Bid Invt. Type of No. of Value ment Ready 2.Subm. of 2. Opening Procure- slices USS MM 3. Eval. & Awd. intr. 3.Short list Rec. 8 7 method ment 1 Environmental Advisor for EastWest oil and gas pipelines 2 3 4 5 6 CS 1 2.50 QCBS 31-Oct-00 Technical Advisor for EastWest oil and gas CS 1 3.00 QCBS 16-Oct-00 31-Oct-00 01-Mar-01 16-Oct-00 01-Mar-01 15-Mar-01 15-May-01 29-Jun-01 15-Mar-01 15-May-01 29-Jun-01 Contract signature Contract complete 9 10 31-Jul-01 31-Jul-01 Remarks 11 Client is the 31-Dec-04 MOF on behalf of the Steering Committee Client is the 31-Dec-04 MOF on behalf of the Steering pipelines Committee Technical Advisor for CS 1 0.90 QCBS 16-Jun-00 30-Sept.-00 16-Jul-00 11 -Dec-00 19-Feb-01 30-Sep-00 15-Mar-01 North-South cas 15-Apr-01 31-Dec-04 Pipelines Evaluation of CVs finalized by 15-Dec-00 31-Mar-01 Time of 15-July-01 contract signing depends on the availability of financing CS 1 0.10 Individual Consultant TOR finalized by 31-Oct-00 CS 1 0.40 Individual Consultant TOR finalized by 1-Oct-01 Evaluation of CVs finalized by 1-Dec-01 1-Mar-02 31-Jun-04 Legal Advisor for GIOC CS 1 0.40 Individual Consultant TOR finalized by 01- arch-01 Evaluation of CVs finalized by 01-May-01 01-Jul-01 31-Jun-03 Audit for GIOC CS 1 0.10 LCS 31-Mar-01 Short List 31-Mar-01 31-Mar-01 30-Apr-01 31-May-01 15-May-01 31-Dec-01 Audit for GGIC CS 1 0.10 LCS 15-Jan-01 31-Mar-01 Short List 31-Mar-01 15-May-01 31-Dec-01 Project Audit CS 1 0.10 SS 30-Apr-01 31-Dec-04 CS Approx. 5 0.20 Ind. Cons. As needed 01-Jun-01 31-Dec-04 CS 1 0.18 QCBS March 01 01-March-01 01-April-01 01-May-01 15-June-01 31-Jul-01 31-Aug.-01 I Oct.-01 31-March-02 CS 1 0.10 LCS 1-April-01 01-May-01 01 June-01 01-July-01 15-Feb. -01 30-June-01 31-Jul-01 31-Aug.-01 15-May-01 1-Oct.-01 31-Dec. -1 CS 1 0.22 QCBS March 01 15-March-01 30-Jun-01 01-April-01 15-Sep-01 Interim Environmental Advisor Legal Advisor for GGIC Miscellaneous individual advisors Marine-based oil spill consultants Marine-Based Oil Spill Training Draft Contract 15 -Jan-01 Land-based Oil Spill Consultants & Training - 35 - 15-Oct-01 31-March-02 Land Based Oil Spill Monitoring Equipment G Approx. 4 0.08 31 March 01 IS 30-Apr-01 15-May-01 30 Jun-01 Equipment G 4 _____________ _______ Marine-based oil spill equipment Incremental operating costs of PIU 01-Apr-01 Time of ITQ Issuanc,'e and Contra ct signing depends on .______ Office 01-Mar -01 G 4 0.20 IS _______ _______I_31-M 0.38 IS 31-Mar-01 _______ 31-Mar-01 28-Apr-01 availability of finaricing _________ 15-Jun-01 31-Dec-02 01-Jul-01 31-Dec-01 31-Mar-01 31-Dec-04 ay-01 March 01 0.37 - 36 - 31 -Mar 01 30-Apr-01 31-May-01 Capacity assessment of the PIU has been completed. The capacity of the PIU is sound. Training on Project-specific aspects of procurement is planned to be provided at the Project Launch Workshop. Country Procurement Assessment Report or Country Procurement Strategy Paper status A CPAR for the Georgia has not been completed. For this Project, the Govemment will follow the agreed Bank procurement procedures as described in this document and in the Credit Agreement. S&tcie.u 3: Trnini. I--swin 1''-.I kLrc Project Launch Workshop .1 Are the bidding documents for the procurement actions for the first year ready by negotiations Yes X No hzf*makio and DeveWaoxW F olr,mIed dale .I- Inld,cte if there ,. proxuren,enm publication of General Procurement Notice mandatory SPN in Development Business Yes X No Procmu1nn iUbi . Dornm.ic Preieren,x h Goods Yes X First Quiatrter of 2001 L.lre prler,nP. for Works, if applicable No June 16, 2000 N/A But not applicable for this project as no ICB is envisaged Re .-. Ye | *. l - s Advine .I r Iys' p_Ys. No X- Explain briefly the Procurement Monitoring System: All procurement related documentation that requires Bank's prior review will be cleared by Procurement Accredited Staff (PAS) and relevant technical staff. Packages above mandatory review thresholds will be reviewed by RPA. The PIU will maintain complete procurement files which will be reviewed by Bank's supervision missions. The Procurement Plan will be updated semi-annually. Procurement information will be recorded by the PIU and submitted to the Bank as part of the quarterly and annual progress reports. This information will include: revised cost estimates for the different contracts; revised timing of procurement actions, including advertising, bidding, contract award, and completion time for individual contracts; as well as compliance with aggregate limits specific methods of procurement. A Management Information System (MIS) consisting of an accounting system capable of prodticing project management reports and Microsoft Project for maintaining procurement schedules will be used by the PIU to monitor procurement process. Co-financing: Explain briefly the Procurement arrangements under co-financing: N/A ,nd.,tner,r-e.*Pr.-uremnent Siallor Bankv iffpin o(Ta;k Team responiible r the prxremente inthe Project: Leonid Vanian, x84 796 Explain briefly the expected role of the Field Office in Procurement: The Field Office will provide non-fiduciary procurement support to the project including answering inquiries about status of planned packages, how to access standard bank documents and guidelines, etc. Thresholds generally differ by country and project. Consult OD 11.04 "Review of Procurement Documentation" and contact the Regional Procurement Adviser for guidance. - 37 - Disbursement Allocation of credit proceeds (Table C) Table C shows the allocation of credit proceeds by category and the disbursement percentages proposed in each category. The closing date would be July 31, 2005. Table C: Allocation of Credit Proceeds Expenditure Category 1. Goods and equipment Amount in US$million 0.66 2. Consultants' Services & Training 3. Audits of GIOC & GGIC 4. Incremental Operating costs, including project audits Unallocated 8.00 0.10 0.47 Total Project Costs 9.63 Financing Percentage 100% of foreign expenditures; 100% of local expenditures (ex-factory costs) and 80% of other local expenditures 80% 50% 100% 0.40 _ 9.63 Total Note: Incremental operating costs of the implementing agencies (GIOC, GGIC and Ministry of Environmnent), estimated at US$0.41 million, are being bome by those agencies as their contribution to the project. Use of statements of expenditures (SOEs): Some of the proceeds of the credit are expected to be disbursed on the basis of Statements of Expenditures ( SOEs) as follows: (a) goods costing less than US$100,000 equivalent for each contract; (c) services contracts for (i) individuals costing less than US$50,000 equivalent each; (ii) firms costing less than US$100,000 equivalent each; and (d) PIU's incremental operating costs. Disbursements against goods and services exceeding the above limits will be made against full documentation and respective procurement guidelines. Related documentation in support of SOEs will not be submitted to IDA, but will be retained by the PIU for at least one year, after receipt by IDA of the audit report for the year in which the last disbursement is made. This documentation will be made available for review by the auditors and IDA supervision missions. If ineligible expenditures, including those not justified by the evidence furnished, or amounts in excess of agreed disbursement percentages are financed from the Special Account (SA), IDA will have the right to withhold further deposits in the SA. IDA may exercise this right until the Borrower has: (a) refunded the amounts involved, or (b) (if IDA agrees) submitted evidence of other eligible expenditures that the Bank can use to offset the ineligible amounts. Special account: To facilitate timely project implementation, the PIU will establish, maintain and operate, under terms and conditions acceptable to IDA, a Special Account, denominated in US Dollars, in a bank acceptable to IDA. During the early stage of the project, the initial aggregate authorized allocation of the Special Account would be limited to $480,000. However, when the aggregate disbursements under the credit have reached US$1.4 million, the initial allocation of the Special Account may be increased up to the authorized allocation of US$960,000 by submitting the relevant Application for Withdrawal. The minimum amount - 38 - of each application should be 20% of the authorized allocation. The PIU has extensive experience in this activity and it should not pose any problem. Applications for replenishment of the Special Account would be submitted monthly, or whenever one-third of the amount has been withdrawn, and must include reconciled bank statements as well as other appropriate supporting documents. The Borrower will be responsible for the appropriate accounting of the funds provided by the Bank under the Loan, for reporting on the use of these funds, and for ensuring that audits of the financial statements or reports are submitted to the Bank. A computerized accounting system has been established at the PIU. Financial Management Capacity Assessment The financial management review was carried out during September 2000. The project is a Technical Assistance Credit ($10.14 million total cost, net of taxes) which aims to enhance the capacity of the Georgian State to negotiate and implement oil and gas transit agreements to maximize economic benefits, and minimize social and environmental costs. The project has five components: (i) Environmental and Technical Advice for Pipeline Implementation; (ii) Legal Advice for Pipeline Implementation; (iii) Company Audits for GIOC and GGIC; (iv) Non-pipeline Oil Spill Prevention and Mitigation; and (v) Project Implementation. The technical implementation of project components for (i) oil pipelines will be handled by Georgian International Oil Corporation (GIOC); (ii) for gas pipelines by Georgian Gas Implementation Corporation (GGIC), and (iii) for non-pipeline oil spill issues by the Ministry of Environment. The financial management and general oversight of the project will be handled by the Project Implementation Unit (PIU) which is currently implementing the technical assistance component of the Structural Reform Support Project and the Judicial Reform Project and one IDF Grant. In the past, the same PIU also managed Institutional Building Project, SATAC I, SATAC II, and two IDF Grants. The PIU has over seven years of experience implementing IDA-financed projects involving multiple agencies, and has a proven track record. Steering Committee: To facilitate, manage, and coordinate all contractual activities under the project, a Steering Committee has been established. The committee will have representatives from GIOC, GGIC, Ministry of Environment, Ministry of Finance and the PIU. Meetings were held with the heads/representatives of the above agencies to confirm that project coordinators were identified from each agency. Capacity of PIU: The PIU has five full time staff as follows: (i) (ii) (iii) (iv) (v) Head PIU; Chief Accountant; Disbursement Specialist; Procurement Specialist; Senior Procurement Specialist. The above team has vast experience in managing World Bank projects. Staff have attended several WB - 39 - sponsored seminars in procurement and disbursements in Tbilisi, Washington, and London. The chief accountant and the disbursement specialist also received accounting (IAS) training from GeorgiaAudit, a local firm. PIU Office Space/Equipment: The project under consideration intends to use the existing PIU facility that was set up under other ongoing projects. The PIU has adequate equipment. Each staff has PC with Pentium processor and MS-Office software installed. All PCs, except that of chief accountant, are connected with the local area network. Project accounts are computerized and are maintained using 'Peach Tree' software package. For the safety of accounting records and supporting documentation, the PIU is also equipped with a safe deposit box. The PIU also has a back-up system and has a generator in case of power blackouts. Needfor New Accounting Software and FinancialReporting: It is not considered necessary for the PIU to purchase any new accounting software package. The PIU may use the existing accounting software, customizing it, as needed, to track all financial and procurement activities for the new project. The PIU will be responsible for all financial management under the project. Project accounting procedures will be designed to facilitate the preparation of Project Management Reports (PMRs), although it is envisaged that the Project will use traditional disbursement procedures. The PIU accountant, who is already preparing PMRs (for other ongoing projects) will be responsible for preparing and maintaining all disbursement records and furnishing financial management reports to IDA not later than 45 days after the end of each calendar quarter. Project OperationalManual (POM): It was agreed with the PIU Head and Chief Accountant that a Project Operational Manual will be prepared that would include: accounting policies and procedures, internal control routines, and the audit arrangement used during project implementation. A good-practice sample (electronic version) of POM was left with the PIU accountant who prepared a draft manual and submitted it to IDA for its review in January 2001. After review and approval by the IDA, the final Project Operational Manual will be available not later than February 28, 2001. Auditing Arrangements: The Project financial statements, special account, and the SOEs will be audited annually by a private sector, independent auditor, in accordance with standards acceptable to the IDA and in accordance with the Guidelinesfor FinancialReporting and Auditing of Projects Financedby the World Bank (FARAH). GIOC and GGIC will also submit their annual audited financial statements. The draft contract with the auditors for the audit of the project accounts was submitted to IDA for review in January 2001. The contract will be signed once the credit becomes effective. Special Account: To facilitate timely project implementation, the PIU will establish, maintain and operate, under terms and conditions acceptable to IDA, a Special Account, denominated in US Dollars. The PIU has extensive experience in this activity and it should not pose a problem. Applications for replenishment of the Special Account would be submitted monthly, or whenever one-third of the amount has been withdrawn, whichever occurs earlier. - 40 - Conclusion: In the 1999 Corruption Perception Index (published by Transparency International), Georgia was ranked as #84 out of 99 countries. This index relates to perceptions of the degree of corruption as seen by business people, risk analysts and the general public and ranges between 10 (highly clean) and 0 (highly corrupt). Georgia's score on this scale was 2.3. Even though the two beneficiary companies operate in a business environment with a high degree of perceived corruption, the centralization of project management and administrative functions -- and related flow of funds -- within the PIU, whose accounting, financial reporting and internal control procedures are documented in a Project Operational Manual approved by IDA prior to Board presentation, together with standard external auditing arrangements, would contribute to mitigate the fiduciary risks associated to the project, which can be judged as being acceptable. The Project satisfies the Association's minimum financial management requirements, although some enhancements are needed. An Action Plan is presented below which requires PIU to design and implement satisfactory financial management system. Once this time-bound Action Plan is carried out successfully, it is believed that the project will, by then, have developed a financial management system that will be able to produce the required level of financial management information on a timely basis. - 41 - Action Plan Actions Status * Send draft contract for audit of the project accounts to IDA for no-objection Received * Draft Project Operational Manual Received * Finalize Project Operational Manual Responsiblihtv Due Date PIU Jan. 31, 2001 PIU Jan. 31, 2001 PIU Feb. 28, 2001 * Complete customization and implementation of accounting software, including system test * Prepare initial set of PMRs as of March 31, 2001 for testing purposes * Prepare complete set of PMRs as of June 30, 2001 and quarterly thereafter, for reporting purposes PIU Mar.31, 2001 PIU May 15, 2001 PIU Aug. 15, 2001 -42 - Annex 7: Project Processing Schedule GEORGIA: Energy Transit Institution Building Prect Schedule _P_ Actual __d Time taken to prepare the project (months) 7 7 First Bank mission (identification) 09/15/2000 12/12/2000 01/17/2001 04/30/2001 09/15/2000 12/12/2000 01/17/2001 04/30/2001 Appraisal mission departure Negotiations Planned Date of Effectiveness Prepared by: Georgian International Oil Corporation (GIOC), Georgian Gas International Corporation (GGIC), Ministry of Environment and SRSP PIU. Preparation assistance: Bank staff, advisors to executing agencies Bank staff who worked on the project included: Name Peter Thomson Jonathan Walters Vakhtang Kvekvetsia Allan Rotman Rita Cestti Ralf Schwimnbeck Leonid Vanian Jonathan Pavluk Nicholay Chistyakov Roberto Tarallo Richard James Jann Masterson Josephine Kida Michael Levitsky Karn Shepardson Zoe Kolovou Elly Gudmundsdottir Speciality Sector Manager and Task Team Leader Lead Economist and Task Team Leader (through December 31, 2000) Financial Analyst Sr. Environmental Specialist Sr. Water Resources Economist Pipeline Engineer Procurement Specialist Sr. Country Lawyer Sr. Disbursement Officer Sr. Financial Management Specialist Consultant Financial Analyst Operations Officer Program Tearn Assistant Peer Reviewer Peer Reviewer Sr. Country Lawyer Counsel -43- Annex 8: Documents in the Project File* GEORGIA: Energy Transit Institution Building A. Project Implementation IPlan Project Implementation Plan Project Concept Document Terms of Reference for consultancy assignmnents B. Bank Staff Assessments Supervision reports for Oil Institution Building Project Financial Management Capacity Assessment for Georgia Energy Transit Institution Building Project, BTO Report by Richard James, Consultant, October 6, 2000 Procurement Capacity Assessment for Georgia Energy Transit Institution Building Project, by Leonid Vanian, Procurement Specialist, October 2000. C. Other Baku-Supsa Pipeline Construction and Operating Agreement Baku-Thilisi-Ceyhan Intergovernmental and Host Government Agreement for Georgia various presidential decrees on role of GGIC and GIOC Memorandum of President and Technical Annex for Oil Institution Building Project Project Appraisal Document for Structural Reform Support Project *Including electronic files - 44 - Annex 9: Statement of Loans and Credits GEORGIA: Energy Transit Institution Building Feb-2001 Difference between expected and actual disbursements Original Amount in US$ Millions Project ID P065715 FY Purpose 2000 AGR RES EXT &TRG IBRD 0.00 IDA 7.80 GEF 0.00 Cancel. 0.00 Undisb. 7.06 P040556 P064091 2000 ROADS 0.00 40.00 0.00 0.00 38.81 0.00 0.00 2000 AGRIC RES. EXT. TRAINING (GEF) 0.00 0.00 2.48 0.00 2.34 0.05 0.00 P056514 1999 TRANS MIN RESTRUCT 0.00 2.30 0.00 0.00 1.76 1.67 0.00 P057813 1999 JUDICIAL REFORM 0.00 13.40 0.00 0.00 11.67 -1.33 0.00 P060009 1999 INTGR COASTAL MGMT (GEF) 0.00 0.00 1.30 0.00 1.21 0.24 0.00 P052154 1999 STRUCTREFSUPPORT 0.00 16.50 0.00 0.00 12.11 4.38 0.00 P052153 1999 SAC III 0.00 60.00 0.00 0.00 38.36 61.10 0.00 P050911 1999 INTG COASTAL MGT 0.00 4.40 1.30 0.00 3.86 1.72 0.00 P008416 1999 ENT REHAB 0.00 15.00 0.00 0.00 11.48 4.99 0.00 P064094 1999 ENERGY SECAC 0.00 25.00 0.00 0.00 12.04 12.79 0.00 P039929 1998 SIF 0.00 20.00 0.00 0.00 7.36 5.50 0.00 P055573 1998 CULTURAL HERITAGE 0.00 4.49 0.00 0.00 2.22 1.63 0.00 P050910 1996 MUN DEV 0.00 20.90 0.00 0.00 14.57 13.56 0.00 P008415 1997 AGRIC DEVT 0.00 15.00 0.00 0.00 2.30 -0.81 0.00 P008414 1996 HEALTH 0.00 14.00 0.00 0.00 6.42 7.43 0.00 0.00 173.58 Total: 0.00 - 45 - 258.59 5.08 Orig Fmt Rev'd 0.63 0.00 113.55 0.00 GEORGIA STATEMENT OF IFC's Held and Disbursed Portfolio Feb-2001 In Millions US Dollars Committed Disbursed IFC FY Approval 1999 2000 1999 2000 1997/00 1999 1998 1998 Company ThilComBank Telasi ninotsminda Bank of Georgia Georgia G&MW Co. Georgia M-F Bank Ksani TBC Bank Total Portfolio: IFC Loan 3.00 30.00 0.00 3.00 0.00 0.00 6.32 2.38 Equity 0.00 0.00 0.00 0.00 0.18 0.48 2.50 0.86 Quasi 0.00 0.00 6.00 0.00 0.00 0.00 0.00 0.00 Partic 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 44.70 4.02 6.00 0.00 Loan 1.01 10.00 0.00 0.69 0.00 0.00 0.00 2.38 14.08 Approvals Pending Commitment FY Approval 1997 Company GGMW Loan 0.00 Equity 0.00 Quasi 0.00 Partic 0.00 Total Pending Commitment: 0.00 0.00 0.00 0.00 -46 - Equity 0.00 0.00 0.00 0.00 0.18 0.48 2.50 0.86 Quasi 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Partic 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4.02 0.00 0.00 Annex 10: Country at a Glance GEORGIA: Energy Transit Institution Building POVERTY and SOCIAL GCorala 1999 Pooulaton mnr*vear 'mii,onsi CGNPDer CJDuillArlas meflrod tJSS' G NP IArias me,noJ uSS D',1ucsl Euroo. & Central Asia Low. Income 55 620 3.4 475 2 150 1.022 2417 0.0 00 0.1 06 19 23 Development diamond* Life expectancy 410 988 Averaqe annual growth. 1993-99 0:eu1lat"..i% .at.IFr force; Most recent estimate liatest year available. 1913-99) 6 OCf 0OUJbOln Delwow nDonlef oov4rly r,ne Po.ertv % Urban Dooulal.on S%of rloal pooularon) L,fe e)oectan,7v at brth rvea's Infanit morialmv toet 1 000 i,O ormnsi Cnil rnainuirtion ". of chcl,an undef 5 Access to morosed water source i% of cooular,onl l licracS I %of DoDui3r,on age 75-1 %of sc'o'*aoe DOOulalosia1on Gross ornmrv enrollment % Mate Female t1 60 73 15 89 es 67 69 22 a8 3 IG0O 101 99 G GNP per capita 7 \ 31 60 77 3 4 G Gross prmary enrollment ' Access to safe water Georgia Low-income group 96 102 86 KEY ECONOMIC RATIOS and LONG-TERM TRENDS 1973 19U9 1998 28.0 42.4 25.3 1? 2 20.9 -3.6 S59 1999 EconomI c r3tlo G D P rU SS oIO,ons Gross comestcr 'n,estment1GDP E Doris of coods and sbro,cesIGOP Sr.oss aomeatic sav.ngs GDP Gr.ss napon3l saAnmgsiGDP Current account Dalance'GDP Interest o3vments!GOP Total aeDeGDP Total aebt servicelexoorts Present alue of debDGGP Present value of debtie,oarls 16 8 270 -2 2 88 .11 3 11 48 5 72 36 9 199 7 -8 0 12 63 8 49 2 194 8 Trade D Domestai Savings Investment 11.9 Indebtedness 197949 1989399 1993 1999 19903 1.9 11 172 15 9 99 29 22 35 33 41 -1 5 4a 48 80 1979 f3vowe,8 annual Qrowfn GDP GNP oer caola Escorts of aoods ana servoces -Georgia - - Low-income group STRUCTURE of the ECONOMY 1989 l9oS 1999 Growth of Investment and GDP (%) (%of GDP) Aqriculture Industrv Manufacturinq Services 23.3 38.7 27.1 38.0 35.6 13.0 7.6 51.5 36.0 12.9 7.6 51.1 IS0100-_ so a Private consumption General qovemment consumption Imoorts of qoods and services 62.6 12.1 45.1 90.2 13.4 41.6 89.8 12.4 46.0 so 1989-99 1996 1999 Growth of exports and Imports (%) 3.0 5.1 3.3 19.0 -8.0 -2.0 -1.0 16.5 3.0 2.0 3.0 1.7 6.8 17.3 18.9 12.1 -15.9 9.1 6.2 15.5 12.2 2.4 -5.2 -11.4 -14.4 -12.7 4.2 1979-89 (average annuaJ growth) Aqriculture Industry Manufacturing Services Private consumption General qovernment consumption Gross domestic investment imports of qoods and services Gross national product .. 1.9 GDI _ GDP 60 4 20 ------94 96 97 Oa 20 - Exports e-irnports Note: 1999 data are preliminary estimates. The diamonds show four kev indicators in the countrv (in bold) compared with its income-group average. If data are missinq. the diamond will be incomplete. -47 - Georgia PRICES and GOVERNMENT FINANCE Domestic prices (%chanoe) Consumer prces Implicit GDP deflator 1979 1989 1998 1999 Inflation (%) 20,000 .. 2.8 .. 5.4 3.6 4.5 19.1 10.000 9.4 *o.000 s,o, Govemment finance (%of GDP, includes current wrants) 0 Current revenue .. 29.1 16.2 15.9 Current budget balance Overall surplus/deficit .. .. 29.1 29.1 -4.4 -6.4 -5.1 -6.9 1989 6,716 1998 478 39 43 222 1,164 1999 477 33 39 249 1,013 325 205 231 90 95 94 281 187 187 93 95 97 1998 720 1,437 -717 1999 739 1,260 -521 94 95 97 96 99 99 * CPI -GDP deflator TRADE (US$ millions) Total exports (fob) Black metal Tea Manufactures Total imports (cif) Food Fuel and energy Capital goods Export price index (1995=100) Import price index (1995=100) Terms of trade (1995=100) 1979 .. .. . .. .. .. .. .. 7,150 .. . .. 1,685 481 .. .. .. 1,710 .. .. Export and import levels (US$ mill.) 1,200 IddiiJIl s0 ** 93 94 95 97 96 99 98 * Imports C Exports BALANCE of PAYMENTS (US$ millions) Exports of goods and services Imports of goods and services Resource balance Netincome Net current transfers 1979 Current account balance to GDP (%) o .. .. .. .. .. .. .. .. 117 211 119 182 -6 .. I .. -389 -220 -12 .. .. .. .. 298 91 209 11 18 .. .. .. .. 119 1.4 133 2.0 1998 1999 1,747 Current account balance Financing items (net) Changes in net reserves 1989 I I I 1 Memo: Reserves including 4old (US$ millions) Conversion rate (DEC, locallUS$) EXTERNAL DEBT and RESOURCE FLOWS 1979 1989 (US$ millions) Composition of 1999 debt (USS mill.) Total debt outstandinq and disbursed IBRD IDA .. 1,674 .. 274 Total debt service IBRD IDA .. .. 66 0 2 113 0 3 .. .. .. .. .. .. 54 96 0 50 68 71 17 62 Composition of net resource flows Official grants Official creditors Private creditors Foreign direct investment 0 17 0F 346 B: 346 E 1007 Portfolio equity ,. .. 0 0 World Bank program Commitments . .. 27 115 A-IBRD Disbursements . .. .. 53 0 79 0 B- IDA C -IMF .. .. .. .. .. .. 53 2 51 79 3 76 Principal repayments Net flows Interest Payments Net transfers C: 322 0:56 E-Bilateral D -Other multilateral F - Private G - Short-term 9/15/00 Development Economics - 48 - EUROPE AND CENTRAL ASIA THE CASPIAN AND BLACK SEA REGIONS 0 ENERGY TRANSIT INSTITUTION BUILDING PROJECT * PROJECT RELATED OIL TERMINALS * NATIONAL CAPITALS 750 KILOMETERS 500 250 I I This map sos produced by the Map Design Unit of The World Bank. The boundaries, colorsdenominotons and anyather information shown on this map do not imply, on the part of TheWorld Bank Group, any judgment on the legal statusat any territory, or any endorsement or acceptance of such boundaries. s -; _ -RIVERS INTERNATIONAL BOUNDARIES 420r *Warsaw> 20OtWorsow - - *^F .. ? POLAND POLAND /., EtARU--> 0iAO 30°',f--'. 40O ; AT IO 0 NN Ff'E RATI F t 5 ( 60 60'y 5 50' d ' RJSSIlAN . -7 ,-' f 50- r\ ' U)K R A I N E I, -,_-- - SLOVAK REP.-HUNGARY ./ -I-- -- ,Chisinau '\ KAZAKHSTAN -- ROMANIA Bucharest 6el6eadle't-\/' OF,? FED. REP. YUGOSLAVIA' t---- ! 'o ' BI .tERB./MONTJ T i E UZBEIKISTAN 5 e u BULGARIA ,/ - c k >- GEORGIA .*Sofia e nMACEDONIA- LBAN14 ---- - *nkera LBANIY 4l) , F. i i .. cps-l )Baku Yerevan \f _5upsa 0. A0 AZERBAIJAN +Anrkara - -;x5-a> GREECE TU R K E Y : t A,thens Sea ®A-gba on ~~~~~~~Ceyhar v 20 Mledfierranean TURKMENISTAN ' -\ 30n , Nirosio -SYRIAN CYPRUS ^ . ARAB REP. 40' :a t5eTehron, I RAQ ,' - < 50' ISLAMIC REPUBLIC OF IRAN 60i 60'-
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