Poland - Odra River Basin Flood Protection Project : resettlement plan (Vol. 4 of 4) : Resettlement action plan for Wroclaw floodway system modernization in the scope administered by the regional authority for water management in Wroclaw

Odra River Basin Flood Protection Project in Wroclaw Components B2 andB4 administered by the RZGW in Wroclaw - ODRA RIVER BASIN FLOOD PROTECTION PROJECT - 7436 POL “DESIGN AND CONSTRUCTION SUPERVISION OF FLOOD PROTECTION WORKS FOR MODERNIZATION OF WROCLAW FLOODWAY SYSTEM (WFS)” RESETTLEMENT ACTION PLAN (RAP) for Wroclaw Floodway System modernization in the scope administered by the Regional Authority for Water Management in Wroclaw (Component B, Sub-components B2, C1, part B4 and part B5) Issue Date Author Verifier Client’s approval Description X 24.07.2014 Anna Oleńska Erwin Graczykowski Jacek Drabiński Paulina Kupczyk- Kuriata Marcin Pchałek The Resettlement Action Plan was prepared by Joint Venture of the following companies: 1. URS Ltd, with its offices in Scott House, Alencon Link, Basingstoke, Hampshire RG21 7PP, UK represented by URS Sp z o.o. Branch in Poland, with its offices in Warsaw, (02-516) Warsaw, Rejtana St. 17, 2. Halcrow Group Limited, with its offices in Vineyard House 44 brook Green, London W6 7BY, UK, 3. BRL ingenierie, with its offices in Pierre Mendes 1105 – B.P. 4001, 30 001 Nimes cedex 05, France, 4. URS Sp. z o.o., with its offices in Warsaw, (02-516) Warsaw, Rejtana St. 17, Poland The RAP was prepared by: Anna Oleńska Paulina Kupczyk-Kuriata Marcin Pchałek 2/33 Contents I. GENERAL ISSUES .................................................................................................................................. 4 1. INTRODUCTION ................................................................................................................................. 4 1.1. DEFINITIONS .............................................................................................................................. 4 1.2. SUBJECT AND SCOPE OF THE STUDY........................................................................................ 6 2. LEGAL BASIS FOR THE PREPARATION OF RAP ................................................................................ 6 II. OBTAINMENT OF RIGHTS TO PROPERTIES ........................................................................................... 7 1. RANGE OF PROPERTIES NECESSARY FOR THE IMPLEMENTATION OF THE INVESTMENT ................. 7 2. ADOPTED MECHANISMS OF OBTAINING RIGHTS TO THE PROPERTIES ........................................... 20 2.1. PURCHASE OF PROPERTIES IN THE LIGHT OF THE PROVISIONS OF THE CIVIL CODE ............ 20 2.2. PURCHASE OF PROPERTIES IN THE LIGHT OF THE SPECIAL FLOOD ACT............................... 21 2.3. RULES OF DIVISION OF PROPERTIES NECESSARY TO BE OBTAINED....................................... 24 2.4. METHOD OF VALUATION .......................................................................................................... 24 III. PROTECTION OF SOCIAL INTERESTS ................................................................................................. 26 1. SOCIAL IMPACTS AND PROTECTION ACTIVITIES ............................................................................. 26 2. MECHANISMS OF PROTECTION OF INDIVIDUAL RIGHTS.................................................................. 29 IV. RAP IMPLEMENTATION SYSTEM ................................................................................................... 3030 1. STRUCTURE OF RAP IMPLEMENTATION TEAM .............................................................................. 30 1.1 RAP DEVELOPMENT TEAM ....................................................................................................... 30 1.2 RAP IMPLEMENTATION TEAM................................................................................................... 30 2. RISK MANAGEMENT SYSTEM .......................................................................................................... 31 3. MONITORING AND REPORTING ....................................................................................................... 32 3/33 I. GENERAL ISSUES 1. INTRODUCTION The subject of the study is preparation of the Resettlement Action Plan for the implementation of the Investment titled “Modernization of Wroclaw Floodway System in the realm of components administered by the Regional Authorities for Water Management in Wroclaw”, hereinafter referred to as “the Investment”. The Investment is a component of the Odra River Basin Flood Protection Project. Primarily, the Investment comprised of 10 investment tasks. However, calculations on a hydraulic model performed within the Feasibility Study showed that sections of the river encompassed by tasks nos. 2 and 3 (respectively: Odra river bed's flowing capacity enhancement on a length from Opatowice to the Grunwaldzki Bridge and Old Odra river bed's flowing capacity enhancement on a length from the Szczytniki junction to the Psie Pole weir) have sufficient capacity in their present condition and require only minor surface clearing of the bed and repair of groins. Also, the influence of opening the upper station of Brzeg Dolny barrage (task no. 8) on the range of backwater and on the capacity of Odra in the range of Wroclaw, located over 20 km upstream was not proved by the hydraulic modelling. Therefore, the following 7 tasks will eventually be implemented within the Investment: Task no. 1 - Modernization and Flood Canal flowing capacity enhancement with the diked area on a length from the lower stance of the Bartoszowice weir to the Old Odra River estuary, Task no. 4 – Old Odra River flowing capacity enhancement from the Psie Pole lower weir's stand to Poznanskie railways bridges, Task no. 5 - Adaptation of the Municipal Canal to accommodate flood waters, Task no. 6 – Reconstruction of Odra River corridor from Poznanskie railway bridges to the Widawa's estuary, Task no. 7 - Adaptation of the Redzin barrage to accommodate flood waters, Task no. 9 - Modernization of the Old Town Odra boulevards, Task no. 10 - Redevelopment of the Wroclaw I weir. 1.1. DEFINITIONS The differentiation of two terms used in the present study – the Project and the Investment - has to be stressed at this point. Term Project regards the Odra River Basin Flood Protection Project. The aim of the Project is to secure flood protection for the most important cities and housing estates located in the Silesian, Opolskie and Lower Silesian Voivodships, by creating active and passive flood protection of the Odra valley. Apart from the Investment discussed in the present study, the Project 4/33 comprises construction of the dry Raciborz reservoir, modernization of the Odra embankments, construction of the Odra – Widawa Diversion Channel and adaptation of the Widawa River to accommodate flood waters. Term Investment regards modernization of the Wroclaw Floodway System in the realm of tasks remaining in the competence of RZGW in Wroclaw, which constitutes an integral part of the Project. The aim of the Investment is to improve the protection of life and property of the citizens inhabiting Wroclaw and its vicinity against the results of a flood comparable to the 1997 event. The improvement will associate with the increase of capacity of the Odra River and its channels in Wroclaw, which will allow for accommodation of a flood wave without causing major damage. Therefore, the Investment belongs to the group of flood protection investments. Implementation of the Investment will include permanent or temporary acquisitions of properties located in the area of necessary construction works. All acquisitions were designed to minimize investment impact on ownership / perpetual usufruct rights to particular properties and to minimize burdens connected with temporary acquisitions of properties. The Investor for the Investment are the Regional Authorities for Water Management in Wroclaw, which acts in the name and on behalf of the State Treasury in obtaining properties necessary for the purpose of implementation of the Investment. Properties acquired within the implementation of the Investment will be subject to permanent management of the Regional Authorities for Water Management in Wroclaw. The Consultant for the Investor is a Joint Venture, comprising of the following companies which are jointly and individually responsible to the Investor for all duties determined in the Contract on Design and Construction Supervision of Flood Protection Works for Modernization of Wroclaw Floodway System (WFS)” B2 and B4 Components administered by RZGW in Wroclaw:  URS Infrastructure and Environment UK Limited (JV leader);  Halcrow Group Limited;  BRL Ingenierie;  URS Polska Sp. z o.o. Resettlement Action Plan (hereinafter referred to as “RAP”) comprises already undertaken or planned activities aiming at obtaining ownership or perpetual usufruct rights to properties for construction purposes. The range of the Resettlement Action Plan is limited to properties subject to permanent acquisitions, i.e. those, which after the implementation of the Investment will remain in the resources of the State Treasury due to the fact that they are necessary for the proper functioning of the Wroclaw Floodway System in the entire period of exploitation. A list of those is presented in table no 1. 5/33 It should be stressed that a question of establishing a shore line after the implementation of task no 9 (Modernization of the Old Town Odra boulevards) remains unsolved. Due to the lack of possibility of legal reconnaissance of the course of boundaries at the design and implementation stages of the Investment, this issue could not have been considered in the RAP. It should be stressed that the RAP may be subject to updating in the course of progress of design works and occurrence of new substantial and legal circumstances. 1.2. SUBJECT AND SCOPE OF THE STUDY Issues connected with obtainment of rights to properties for construction purposes were discussed in the present study in the context of protection of individual rights and social interest. The following structure of the study was adopted: - identification of the range of rights to properties necessary for construction purposes (chapter II.1); - mechanisms of obtaining rights to the properties with valuation methods (chapter II.2); - protection of social interests including the World Bank guidelines (chapter III). 2. LEGAL BASIS FOR THE PREPARATION OF RAP The most important normative acts related to the obtainment of rights to the properties necessary for the implementation of the investment are: - Constitution of the Republic of Poland of 2nd April 1997 (as published in the Journal of Laws of the Republic of Poland no. 78 pos. 483, with amendments), - The Civil Code of 23rd of April 1964 (as published in the Journal of Laws of the Republic of Poland no. 16, pos. 93 with amendments), hereinafter referred to as “the CC”, - The Law of 8th July 2010 on special rules of preparation for the implementation of investments in the realm of flood defences (Journal of Laws of the Republic of Poland no. 143, pos. 963), hereinafter referred to as “the Flood Act”, - The Act on Properties Management of 21st of August 1997 (as published in the Journal of Laws of the Republic of Poland of 2010, no. 102, pos. 651), hereinafter referred to as “the APM”. In compliance with binding regulations of the Polish Law, the properties necessary for implementation of a flood protection investment may be obtained through: - relevant civil law agreements with owners (or perpetual lessees) of these properties, or 6/33 - on the basis of the Special Flood Act. It is important that the Special Flood Act contains some special provisions in relation to the APM provisions on expropriation. From the point of view of the present study, provisions of the APM should not be considered in this scope. As for the local law, it should be pointed out that provisions of local spatial development plans may influence the division of properties in the mode provided in the APM and may constitute a reference point in the process of properties valuation1. In the remaining realm, the local law does not influence the implementation of the RAP. II. OBTAINMENT OF RIGHTS TO PROPERTIES 1. RANGE OF PROPERTIES NECESSARY FOR THE IMPLEMENTATION OF THE INVESTMENT The Investor has analyzed the area, where the Investment will be implemented. The undertaken analysis identified the properties, which are necessary for implementation of the Investment, and defined type of tenure which should be obtained for particular properties. It has been also analyzed whether the area is inhabited by organized local communities, especially by vulnerable social groups. The analyses did not identify any group of this kind in the investment area. Due to implementation of the Investment (including storage of earth produced as a result of the Investment) 82 properties with permanent acquisition were identified. These plots have been listed in the Table no. 1 below. The list comprises: marker of each plot and its area, and the current owner or perpetual lessee of these properties. In case of a part of task no. 9 “Modernization of the Old Town Odra Boulevards”, currently the Contractor has identified 8 properties more, which may be permanently acquired. The final identification of subject properties will be developed based upon final construction designs. Those properties were also included in Table no. 1. For the purpose of implementation of the investment ownership title was obtained for the following plots held by units of the private law: Owner Marking in land Use of plot (form of holding) register State Treasury - Altona Investments Sp z o.o. Ba Industrial areas (perpetual usufruct) 1 For more information on division of properties and methods of valuation see respectively chapters II.2.3. and II.2.4. 7/33 Municipality of Wroclaw – Polish Association Bz Recreational area of Garden Owners in Warsaw (holder) State Treasury - Citrine Investments Sp. z o.o. Ba Industrial areas (perpetual usufruct) State Treasury - Lotos Paliwa Sp. z o.o. Bi Other developed areas (perpetual usufruct) “Nad Odra” Housing Co-op and other MW Multi-family housing perpetual co-users (total of 150 units) Zieliński Mieczysław (owner) R Arable land Gąsiorowska Zofia R Arable land HOBBIT Foundation (owner) Ł Permanent meadow Kuchta Danuta Anna (owner) R Arable land Wawrzyniak Dorota, Wawrzyniak Piotr R Arable land (owner) All of the above mentioned properties necessary for the implementation of the Investment were undeveloped. Some properties defined as used for farming purposes are factually used for farming. For the purpose of implementing the investment, ownership titles to 44 properties owned by the public law unit – Municipality of Wroclaw – were also obtained. For the purpose of implementing the investment, permanent management was also obtained for 23 properties owned by the State Treasury. It means that properties are still owned by the State Treasury, and only the managing unit has been changed. List of properties to be acquired due to the necessity of implementing the Investment is given in Appendix no. 1 to this Resettlement Action Plan. Due to implementation of Task no. 9 in the “design and build” mode, as expected under the contract, two out of four expected development consents were currently obtained, and the works on identifying properties necessary for the execution of the remaining part of this assignment and on obtaining a legal title to those properties are in progress. The Contractor identified 110 properties necessary for implementation of the investment, whereas 26 of them will be permanently acquired, and 84 will be temporarily acquired. In sections 9a and 9b the number of properties necessary for implementation of the investment was finally established; however, in case of section 9c the 8/33 scope of planned expropriation and temporary acquisition may be in some way modified due to the necessity of changing the scope of investment’s implementation. It is important that despite a significant number of properties to be expropriated or temporarily acquired, the factual scope of expropriation will not be extensive. Due to the character of the investment, narrow areas of individual properties adjacent to the Odra’s bank line will expropriated or temporarily acquired. Expropriations will not generate adverse effects for property owners and for the local society. Location of the affected properties situated in the Investment area is presented on topographic maps (scale 1:10,000) prepared for each task, constituting appendix no. 2 to the present RAP. The whole Investment impact area is located on the territory of the Municipality of Wroclaw. 9/33 Table no. 1 Map Plot area Previous owner No. Task Area no. / Area Plot no. no. [ha] (holding form) 1 2 4 5 6 7 8 43 / Pracze State Treasury – State Forest Unit State Forests Miekinia 1 3 5/3 0.0449 Odrzanskie Forest Authorities [manager] 43 / Pracze State Treasury – State Forest Unit State Forests Miekinia 2 4 2/5 0.1030 Odrzanskie Forest Authorities [manager] 43 / Pracze State Treasury – State Forest Unit State Forests Miekinia 3 5 3/6 1.5121 Spoil Disposal Facility in Janowek Odrzanskie Forest Authorities [manager] 43 / Pracze State Treasury – State Forest Unit State Forests Miekinia 4 5 3/7 0.4513 Odrzanskie Forest Authorities [manager] 43 / Pracze State Treasury – Agricultural Properties Agency Branch in 5 5 3/8 64.9182 Odrzanskie Wroclaw [owner] 43 / Pracze State Treasury – Agricultural Properties Agency Branch in 6 9 1/1 40.4913 Odrzanskie Wroclaw [owner] 43 / Pracze State Treasury – Agricultural Properties Agency Branch in 7 10 1 5.2977 Odrzanskie Wroclaw [owner] 43 / Pracze State Treasury – Agricultural Properties Agency Branch in 8 10 2 1.7998 Odrzanskie Wroclaw [owner] 43 / Pracze State Treasury – Agricultural Properties Agency Branch in 9 10 3 6.1048 Odrzanskie Wroclaw [owner] 43 / Pracze State Treasury – Agricultural Properties Agency Branch in 10 11 1 0.3200 Odrzanskie Wroclaw [owner] 10/33  Map Plot area Previous owner No. Task Area no. / Area Plot no. no. [ha] (holding form) 5 / Grunwaldzki State Treasury – Altona Investments Sp. Z o.o. [perpetual 11 1 2/7 0.0266 Square usufruct] "Adaptation of the City Canal to accommodate flood waters " 5 / Grunwaldzki Municipality of Wroclaw – Authority for Roads and Municipal 12 1 4/3 0.0330 Square Sanitation [permanent management] 5 / Grunwaldzki State Treasury – “Nad Odra” Housing Co-op and other 13 2 2/1 0.0477 Square perpetual co-users [perpetual co-usufruct] 5 / Grunwaldzki 14 2 3/1 0.0205 Italian citizen – PZU SA in Warsaw [manager] Square 5 / Grunwaldzki Municipality of Wroclaw – Polish Association of Garden Task no. 5 15 3 2/1 0.2882 Square Owners in Wroclaw [holder] State Treasury - Olbrych Romuald Aleksander [perpetual 16 51 / Kleczkow 2 1/9 0.0080 usufruct] State Treasury - Citrine Investments Sp. z o.o. [perpetual 17 51 / Kleczkow 2 2/10 0.0383 usufruct] State Treasury - Citrine Investments Sp. z o.o. [perpetual 18 51 / Kleczkow 2 2/8 0.1961 usufruct] Municipality of Wroclaw – Authority for Roads and Municipal 19 51 / Kleczkow 3 1/3 0.0056 Sanitation [permanent management] State Treasury – “Lotos Paliwa" Sp. z o.o. [perpetual 20 51 / Kleczkow 3 3/12 0.0443 usufruct] 11/33  Map Plot area Previous owner No. Task Area no. / Area Plot no. no. [ha] (holding form) Municipality of Wroclaw – Authority for Roads and Municipal 21 51 / Kleczkow 4 1/3 0.0063 Sanitation [permanent management] 22 52 / Kleczkow 6 5/4 0.0012 State Treasury - PBHiPK "Hydrokrusz" [perpetual usufruct] Municipality of Wroclaw [managing municipal resources of 23 31 / Kozanow 5 ¼ 0.1198 properties] Poznanskie rail bridges to the estuary of Widawa " "Reconstruction of Odra River corridor from the Municipality of Wroclaw [managing municipal resources of 24 31 / Kozanow 5 1/5 0.2674 properties] Municipality of Wroclaw [managing municipal resources of 25 31 / Kozanow 5 1/6 3.5763 properties] 26 31 / Kozanow 6 16/1 0.0645 Zieliński Mieczysław [owner] Task no. 6 Municipality of Wroclaw [managing municipal resources of 27 31 / Kozanow 6 17/1 0.2839 properties] 28 31 / Kozanow 6 18/1 0.0656 Gąsiorowska Zofia [owner] Municipality of Wroclaw [managing municipal resources of 29 31 / Kozanow 6 19/1 0.0505 properties] Municipality of Wroclaw [managing municipal resources of 30 31 / Kozanow 6 3/3 0.3542 properties] Municipality of Wroclaw [managing municipal resources of 31 31 / Kozanow 6 ¾ 7.2852 properties] 12/33  Map Plot area Previous owner No. Task Area no. / Area Plot no. no. [ha] (holding form) Municipality of Wroclaw – Authority for Roads and Municipal 32 31 / Kozanow 6 5/1 0.1139 Sanitation [managing municipal resources of properties] Municipality of Wroclaw [managing municipal resources of 33 35 / Maslice 1 3/1 0.7362 properties] Municipality of Wroclaw [managing municipal resources of 34 35 / Maslice 10 3/3 0.4234 properties] Municipality of Wroclaw [managing municipal resources of 35 35 / Maslice 10 3/2 0.0515 properties] Municipality of Wroclaw – Authority for Roads and Municipal 36 35 / Maslice 14 12/1 0.0904 Sanitation [managing municipal resources of properties] Municipality of Wroclaw [managing municipal resources of 37 35 / Maslice 5 2 0.0669 properties] Municipality of Wroclaw [managing municipal resources of 38 35 / Maslice 5 3/1 1.0848 properties] Municipality of Wroclaw [managing municipal resources of 39 42 / Popowice 3 2/1 1.9394 properties] Municipality of Wroclaw – Board for Municipal Greenery 40 42 / Popowice 3 3/2 0.0131 [holder] Municipality of Wroclaw – Board for Municipal Greenery 41 42 / Popowice 3 3/1 0.0247 [holder] 13/33  Map Plot area Previous owner No. Task Area no. / Area Plot no. no. [ha] (holding form) "Reconstruction of Odra River corridor from the Poznanskie rail bridges to the Municipality of Wroclaw [managing municipal resources of 42 42 / Popowice 3 4/4 0.8875 properties] Municipality of Wroclaw [managing municipal resources of 43 42 / Popowice 3 4/3 0.1400 properties] 44 55 / Osobowice 14 2/9 1.4292 HOBBIT Foundation [owner] State Treasury – Agricultural Properties Agency Branch in 45 55 / Osobowice 7 12 0.5463 Wroclaw [owner] 46 55 / Osobowice 7 11/1 0.4447 Kuchta Danuta Anna [owner] estuary of Widawa " Municipality of Wroclaw – Authority for Roads and Municipal Task no. 6 47 55 / Osobowice 7 13/1 0.0416 Sanitation [managing municipal resources of properties] Municipality of Wroclaw [managing municipal resources of 48 56 / Osobowice 7 14 0.3093 properties] Municipality of Wroclaw [managing municipal resources of 49 55 / Osobowice 7 3/2 0.2710 properties] Municipality of Wroclaw – Authority for Roads and Municipal 50 55 / Osobowice 7 5/1 0.0259 Sanitation [managing municipal resources of properties] 51 55 / Osobowice 7 8/3 0.1052 Wawrzyniak Dorota, Wawrzyniak Piotr [owner] State Treasury – Agricultural Properties Agency Branch in 52 55 / Osobowice 7 9 0.5082 Wroclaw [owner] State Treasury – Mayor of Wroclaw [managing resources of 53 55 / Osobowice 8 2/2 1.1202 ST properties] 14/33  Map Plot area Previous owner No. Task Area no. / Area Plot no. no. [ha] (holding form) Municipality of Wroclaw – Board for Municipal Greenery 54 55 / Osobowice 8 3/2 0.9042 [holder] Municipality of Wroclaw – Board for Municipal Greenery 55 60 / Redzin 1 2/1 3.2267 [holder] Municipality of Wroclaw – Board for Municipal Greenery 56 60 / Redzin 2 2/1 3.0809 [holder] Municipality of Wroclaw – Board for Municipal Greenery 57 60 / Redzin 2 2/2 0.0703 [holder] Municipality of Wroclaw – Board for Municipal Greenery 58 60 / Redzin 2 2/3 1.2594 [holder] Municipality of Wroclaw – Board for Municipal Greenery 59 60 / Redzin 2 2/4 4.4839 [holder] Municipality of Wroclaw – Board for Municipal Greenery 60 60 / Redzin 2 2/5 0.1249 [holder] 61 60 / Redzin 2 3/1 0.0995 Municipality of Wroclaw - Mayor of Wroclaw "Reconstruction of the State Treasury - TAURON Ekoenergia Sp. z o.o. [perpetual 62 1 / Old Town 25 2/2 0.0011 Wroclaw I Weir" usufruct] Task no. 10 State Treasury - TAURON Ekoenergia Sp. z o.o. [perpetual 63 1 / Old Town 25 2/3 0.1355 usufruct] 5 / Grunwaldzki Municipality of Wroclaw – Board for Municipal Greenery 64 24 49 0.1551 Square [holder 15/33  Map Plot area Previous owner No. Task Area no. / Area Plot no. no. [ha] (holding form) 9a – Modernization of from the Grunwaldzki boulevards in section 1 Grunwaldzki Square 36 26 (26/1) 0.0007 Metropolia of Wroclaw [owner] Bridge to the Tumski Bridge and to the 2 Piaskowy Bridge Grunwaldzki Square 36 26 (26/2) 0.0007 Metropolia of Wroclaw [owner] 3 Grunwaldzki Square 36 2 (2/1) 0.0005 Metropolia of Wroclaw [owner] Municipality of Wroclaw [owner] the Tumski Bridge and from the Piaskowy Bridge to 4 Grunwaldzki Square 17 161/7 0.0045 9b – Modernization of boulevards in section from Authority for Roads and Municipal Sanitation [holder] Municipality of Wroclaw [owner] 5 Grunwaldzki Square 17 161/6 0.0053 Authority for Roads and Municipal Sanitation [holder] the Uniwersytecki Bridge Municipality of Wroclaw [owner] 6 Grunwaldzki Square 17 161/5 0.0050 Authority for Roads and Municipal Sanitation [holder] Municipality of Wroclaw [owner] 7 Grunwaldzki Square 25 80/4 0.0006 Mayor of Wroclaw represented by Authority for Roads and Municipal Sanitation [holder] Municipality of Wroclaw [owner] 8 Grunwaldzki Square 25 81/6 0.0007 Mayor of Wroclaw represented by Authority for Roads and Municipal Sanitation [holder] Municipality of Wroclaw [owner] 9 Grunwaldzki Square 26 5/3 0.0016 Mayor of Wroclaw represented by Board for Municipal Greenery [holder] State Treasury [owner] 10 Grunwaldzki Square 26 21/1 0.0004 J.M.INVESTMENT Limited Company [holder] 16/33  Map Plot area Previous owner No. Task Area no. / Area Plot no. no. [ha] (holding form) 11 Grunwaldzki Square 26 17/3 0.0001 University of Wroclaw [owner] 12 Grunwaldzki Square 26 17/2 0.0048 University of Wroclaw [owner] 13 Grunwaldzki Square 26 17/1 0.0012 University of Wroclaw [owner] 14 Grunwaldzki Square 26 18/1 0.0001 Medical University of Sielsian Piasts in Wroclaw [owner] 15 Grunwaldzki Square 26 18/2 0.0002 Medical University of Sielsian Piasts in Wroclaw [owner] 16 Grunwaldzki Square 27 15/3 0.0006 Archdiocese of Wroclaw [owner] Municipality of Wroclaw [owner] 17 Grunwaldzki Square 27 13/1 0.0026 Mayor of Wroclaw represented by Board for Municipal Greenery [holder] Municipality of Wroclaw [owner] 18 Old Town 27 5/17 0.0012 Mayor of Wroclaw represented by Authority for Roads and Municipal Sanitation [holder] 17/33  Map Plot area Previous owner No. Task Area no. / Area Plot no. no. [ha] (holding form) State Treasury [owner] 19 9c - Modernization of boulevards in section from the Uniwersytecki Old Town 6 2/1 0.0163 "Invest City" Sp. z o.o. [holder] Bridge to the Dmowskiego Bridges on South Odra and to the State Treasury [owner] 20 Old Town 6 4/1 0.0166 Bank Zachodni WBK S.A. [holder] Mieszczanskie Bridges on North Odra State Treasury [owner] 21 Old Town 6 6/3 0.0098 "GANT PM" Sp. z o.o. Odra Tower [holder] Municipality of Wroclaw [owner] 22 Old Town 5 19/3 0.0002 Authority for Roads and Municipal Sanitation [holder] Municipality of Wroclaw [owner] 23 Old Town 5 19/4 0.0002 Authority for Roads and Municipal Sanitation [holder] Municipality of Wroclaw [owner] 24 Old Town 5 19/6 0.0014 Authority for Roads and Municipal Sanitation [holder] Municipality of Wroclaw [owner] 25 Old Town 5 20/1 0.0031 Mayor of Wroclaw represented by Authority for Roads and Municipal Sanitation [holder] State Treasury [owner] 26 Grunwaldzki Square 5 45/1 0.0910 Wroclaw Herbal Plants “HERBAPOL" S.A. [holder] Green marking in the table – the owner of the plot being a natural person, Yellow marking in the table – the owner / perpetual lessees being organizational units of private law Blue marking in the table – Polish Association of Garden Owners 18/33 Expropriated properties were taken over by the Investor, and subsequently handed over to Contractors. Implementation of tasks commenced in compliance with the following schedule: Task no. Date of handing over the Problems in accessing site the site Task 1 18 September 2012 None Task 4 18 September 2012 None Task 5 13 December 2012 None Presence of illegal land Task 6 13 December 2012 users Task 7 13 December 2012 None Task 10 10 October 2012 None Janowek 18 September 2012 None The Contractor for task no. 6 informed a problem associated with the occurrence of illegal users within the investment area. Within a part of this area there are some illegal garden allotments. Users of those gardens were aware of the fact that they illegally occupy the investment area and they will not be able to claim rights to this site. Some measures were undertaken to remove illegal users. The Contractor organized two information meetings and established a deadline, by which it would be possible to use the area. Gardeners did not file any objection. Prior to the removal of illegal users from the investment implementation area they were assured with a possibility to collect crops and to remove items and seedlings from the illegally used land. Prior to the commencement of investment implementation in areas used by illegal users some individual information measures were implemented. Prior to the commencement of implementation all illegal users have left the acquired area. 19/33 Due to implementation of the investment it was also necessary to reconstruct a part of operating power-supply and water-supply infrastructure. Its owners agreed for its reconstruction. Implementation of Task no. 9 will result in closing sections of the River Odra, which are used by ship-owners for business purposes. It will effect in the necessity of paying compensation to those units for the impossibility to perform economic actions. 2. ADOPTED MECHANISMS OF OBTAINING RIGHTS TO THE PROPERTIES Due to coming of the Special Flood Act into effect, the obtainment of properties will be carried out in the mode provided by the Act, and not – as assumed before – through civil law transactions. In accordance with the Special Flood Act, negotiations will be conducted with owners and perpetual lessees of properties assigned for permanent acquisitions in order to establish conditions and value of compensation for the obtained properties. The actions will include the results of negotiations with owners / perpetual lessees due to the previously assumed civil law mode for the obtainment of rights to properties. Both mechanisms are discussed below. In case of land in the Janowek area, where the earth is going to be stored, the land is owned by the State Treasury. Due to implementation of the Investment only a unit managing the grounds was replaced – previously it was the Agricultural Properties Agency, whereas now the grounds are managed by the RZGW in Wroclaw. In case of the power-supply and water-supply infrastructure’s reconstruction, it is necessary to apply provisions of the Civil Code for its reconstruction, and agreements concluded based upon this law with owners of the facilities. The Investor is obliged to bear costs resulting from the reconstruction of infrastructure and to assure operations of reconstructed facilities in accordance with previous conditions. 2.1. PURCHASE OF PROPERTIES IN THE LIGHT OF THE PROVISIONS OF THE CIVIL CODE Before the Special Flood Act came into force, the Investor expected to obtain the properties in a civil action mode. Therefore he commenced negotiations with owners / perpetual lessees of properties in order to reach the agreement. The expected effect of this agreement was division of properties and transfer of properties separated in this action to the Investor. As for the stage of obtaining rights in a civil action mode, the following cases should be considered: a) acquiring rights from natural persons; b) acquiring rights from organizational units of private law. Ad. a) All the natural persons have up till now presented statements on entitling the Investor to dispose of the property for construction purposes (the so-called consent for entry on the property). These statements comprise the following clause: “ Land permanently acquired for the Odra riverbed will be purchased based on a notarial deed after demarcation”. 20/33 Ad. b) In relation to the obtainment of rights from organizational units of private law, it should be stated that, in the case of: - property no. 7 listed in Table no. 1 (perpetual usufruct – Lotos Sp. z o.o.) a statement on the intent of sale of the property was obtained; however, negotiations concerning terms of the agreement that were primarily considered as insupportable by the Investor were necessary; - properties no. 4 and 5 listed in Table no. 1 (perpetual usufruct – Citrine Investment Sp. z o.o.) a statement on the intent of sale of properties was obtained; however, negotiations concerning terms of the agreement proposed by the other party were necessary; - property no. 24 listed in Table no. 1 (“Hobbit” Foundation) – the proceeding on the division of property was discontinued as the obtainment process was transferred to the Special Flood Act mode. As the City Office of Wroclaw rejected to divide the properties in the mode provided by the APM, attempts to obtain properties through civil law transactions were not continued. Previous negotiation priorities, i.e. achievement of agreement with the owner / perpetual lessee of property on the condition for its sales, will be still implemented during negotiations conducted in the mode provided by the Special Flood Act. In case of reconstructing the power-supply infrastructure provisions of the Special Flood Act will not be applied. As a result the Investor assumes obtaining consents of line owners based upon rules determined in the Civil Code, i.e. equality of parties and voluntariness. Conclusion of agreements determining rules for implementation of the planned reconstruction and assuring operations of these facilities on previous conditions is expected for this purpose. The latter is associated with the necessity of establishing the right to use properties, where the facilities necessary for assuring operations of this infrastructure (utility easement) will be located, for the owners of power-supply infrastructure. In accordance with provisions of Volume II Section III Chapter III of the Civil Code establishing utility easement will require payment of a relevant remuneration to the owner of properties, where power-supply facilities will be located. As prior to implementation of the investment owners of this infrastructure did not bear fees for using the properties due to its operations, it would be necessary that the Investor bears costs for establishing the utility easement. 2.2. PURCHASE OF PROPERTIES IN THE LIGHT OF THE SPECIAL FLOOD ACT On 8 July 2010, the Seym of the Republic of Poland has adopted the Flood Act, the aim of which was to facilitate and accelerate procedures connected with the implementation of flood protection investments. Provisions of the new law concern, inter alia, issues connected with purchase of properties for the State Treasury. The Special Flood Act is used for flood defences, i.e. release channels, flood storage polders, barrages and flood storage reservoirs with flood retention, dry flood storage reservoirs, flood embankments, storm gates, flood gates, lead-in-piers in estuaries of rivers to the sea, and maritime flood defences – with functionally related objects. 21/33 As the Investment includes a group of flood defences and functionally related objects, provisions of the Special Flood Act will be used. Moreover, as the Governor of Lower Silesia identified the storage of earth in the Janowek area as functionally associated with implementation of the Investment, provisions of the Special Flood Act will be also used for the obtainment of properties for purpose of this assignment. In the light of the provisions of the Flood Act, a governor issues a decision on the consent for implementation of the investment, the subject of which are various issues up till now regulated by separate administrative decisions. Obtaining decision on the consent for implementation of the investment is equal to obtaining decision on the construction conditions or of the decision on establishing location of a public investment. Moreover, the decision comprises, inter alia, establishment of demarcation lines and approval of the division of a property (elements of a division decision) and approval of a construction design (element of the construction permit). Moreover, in case of properties indicated by the investor in the application, the decision will also define properties or their parts being part of the investment, necessary for its implementation, which become properties of the State Treasury. This means that on the day on which the decision on the consent for implementation of the investment becomes valid, properties indicated in the application and in the decision become ex lege properties of the State Treasury. The decision will be the basis for entries in the land register and in the real estate cadastre. The owner or perpetual lessee of a property to which rights are transferred on behalf of the State Treasury is entitled to compensation. The amount of the compensation is established in agreements concluded between the investor and the present owner or perpetual lessee. The agreement is made in the written form under clause of nullity. If it will be necessary to obtain a property for the purpose of implementation of the Investment, the Investor’s priority will be to achieve agreement with the owner of subject property of the amount and form of compensation. Conditions agreed with the owners / perpetual lessees of properties will especially include awarding a proper replacement property or payment of an adequate compensation for the obtained property. The negotiations will be in each case preceded by the obtainment of independent and objective valuation developed by a certified property assessor. All cases related to the obtainment of properties will be conducted in the mode of individual agreements with particular owners / perpetual lessees of those properties. The compensation will be paid by the State Treasury. If, within 2 months from the date of validation of the decision on the development consent, the amount of compensation is not established, it will be established by the Governor in the form of administrative decision. Establishing the amount and payment of the compensation is subject to rules provided in the APM. The amount of the compensation is established by authorized assessors, on the basis of the market value (and, if it cannot be established, on the basis of the replacement or cadastre value) of the property. The amount of compensation is established in accordance with the condition of the property on the day of issuing the decision on development consent and in accordance with the value of this property on the day in which the amount of compensation is established. 22/33 Agreements on the payment amount could not be reached for the following 6 properties: No. Area Map no. Plot no. Former owner / perpetual user Italian citizen – PZU SA in Warsaw 1 5 / Grunwaldzki Square 2 3/1 [management] State Treasury - Olbrych Romuald Aleksander 2 51 / Kleczkow 2 1/9 [perpetual usufruct] Municipality of Wroclaw – Authority for Roads 3 51 / Kleczkow 3 1/3 and Municipal Sanitation [permanent management State Treasury - PBHiPK "Hydrokrusz" [perpetual 4 52 / Kleczkow 6 5/4 usufruct] State Treasury - TAURON Ekoenergia Sp. z o.o. 5 1 / Old Town 25 2/2 [perpetual usufruct] State Treasury - TAURON Ekoenergia Sp. z o.o. 6 1 / Old Town 25 2/3 [perpetual usufruct] In case of properties under perpetual usufruct of the “Nad Odra” Housing Co -op, it was not possible to reach an agreement with some perpetual co-users. Currently, the Lower Silesian Governor is carrying out 7 proceedings associated with payment of compensation. For plots no. 1-4 the Lower Silesian Governor decided on compensation. For plots no. 5-6 the Investor provided the Lower Silesian Governor with an application on the establishment of compensation amount. In case of a plot, which is being perpetually co-used by the “Nad Odra” Housing Co-op and by other private co-users, the Governor performed 6 proceedings, which were finalized with the issuance of a decision. Due to the existence of 3 different estimates in proceedings, which presented different values for properties, the RZGW WL appealed against the decision of the Governor to the Minister of Infrastructure and Development for indication of a proper evaluation, which would remain a basis for determining the compensation value. On the application of the investor, justified with a social or economic interest, the Governor marks the decision on development consent for flood defences as immediately enforceable, which means that present owners are obliged to hand over the property within 90 days from the date of issuing the decision and that the investor is entitled to take possession of the property and commence construction works. 23/33 Previous owners or perpetual lessees of the properties which ex lege became properties of the State Treasury may use these properties free of charge, until the end of term established in the decision on the development consent. The Special Flood Act provides detailed provisions on the basis of which the owners and perpetual lessees of the properties which become properties of the State Treasury or the local government units are entitled to obtain additional benefits. In case of the discussed Investment, only the following situation should be considered: if the present owner or perpetual lessee of a property encompassed with the decisions on the consent for implementation of the investment hands over the property within the term established in the law, the amount of compensation will increase by 5% of the value of the property. 2.3. RULES OF DIVISION OF PROPERTIES NECESSARY TO BE OBTAINED It was assumed that the division of properties will be conducted in the mode provided in the Special Flood Act, based on development consents. The boundary lines established in this decision will remain lines dividing the properties. The division will be carried out in case of those properties, which do not require the obtainment of their entire area for the investment purposes. The exception is a situation, when owners or perpetual lessees of properties, which will be divided, will apply to the Governor for the purchase of entire property. Article 23 item 2 of the Special Flood Act states that if a part of property is taken and the remaining part cannot be properly used for previous purposes, the Investor is obliged to purchase in the name and on behalf of the State Treasury the remaining part of this property, as applied by the owner or perpetual lessee of the property. 2.4. METHOD OF VALUATION In accordance with article 20 item 8 of the Special Flood Act, “Establishing the amount and paying the compensation is subject to respective provisions of the Act on Properties Management of 21 August 1997, with reservation of article 21.” From the point of view of the discussed Investment, two provisions of article 21 (items 1 and 12) are crucial, i.e.: - the amount of compensation is established in compliance with the condition of the property on the day of issuing the decision on consent for implementation of the investment by the organ of the first instance and in accordance with the value of this property on the day in which the amount of compensation is established; - the compensation is subject to valorisation on the day of payment, in conformity with rules governing the return of expropriated properties. Therefore, in the remaining realm, articles 134 and 135 of the APM will be relevant. In practice, these provisions are used both for valuation in civil actions and for compulsory deprivation of the ownership / perpetual usufruct right. In the light of articles 134 and 135 of the APM, the basis for establishing the amount of compensation is the market value of the property. In establishing the market value of a property its type, location, manner of use, designation, level of its equipment with 24/33 technical facilities, its condition and current prices on the real estate market are in particular taken into account. Market value of a property is established in accordance with its current manner of use, if the designation of the property consistent with the purpose of the investment does not result in the increase of its value. Such a situation will take place in the case of the discussed Investment. The assessor will prepare valuation in order to establish the market value of a property by using e.g. a comparative approach – pair comparison method. Resolution of the Council of Ministers of 21 September 2004 on the valuation of properties and preparation of appraisal study (OJ from 2007, no 207, pos. 2109 with amendments) will be at use. The situation in which the market value of a property cannot be established due to its type have not occurred. Appendix no. 4 to the RAP presents a summary of properties with compensation amounts, which were paid for expropriated properties, and with compensation amounts to be paid. The Investor paid compensation in the total amount of 16,995,995.43 PLN for expropriated plots until the day of developing the RAP. In reference to tasks the amount may be divided as follows: Paid compensation 2,474,556.33 50,505.00 2474556.33 Task no. 5 Task no. 6 Task no. 9a Task no. 10 13,239,284.10 25/33 The Municipality of Wroclaw is the main Beneficiary of compensation. The percentage may be presented as follows: Beneficiaries of paid compensation 12% 16% Natural person Legal person Municipality 72% In case of costs associated with the reconstruction of power-supply lines it is necessary to establish utility easement at plots no. 3/8 AM 5 Area of Pracze Odrzanskie, no. 21 AM 1 Area of Kleczkow, and no. 1/2 AM 2 Area of Redzin, which are administered by the Mayor of Wroclaw. Procedures applied by the City Office of Wroclaw exclude the possibility of establishing the utility easement free of charge. Therefore, establishing the utility easement will be made upon a relevant compensation calculated by a value assessor in an administrative proceeding and based on properties management act and on provisions of the Civil Code. III. PROTECTION OF SOCIAL INTERESTS 1. SOCIAL IMPACTS AND PROTECTION ACTIVITIES Due to implementation of the investment, the following social impact will occur:  related to the necessity of obtaining land for extension of the City Canal,  related to the liquidation of garden allotments in the vicinity of Kozanow housing estate and to obtainment of the remaining lands in connection with the enhancement of the riverbed of Odra and other works assumed in the embanked area, within task no 6,  associated with closing sections of the River Odra for navigation due to implementation of Task no. 9. 26/33   related with numerous cuttings of trees and shrubs conflicting with the entire investment Modernization of Wroclaw Floodway System It will not be necessary to undertake special protection activities for the investment impact area under the properties obtainment process, such as: assurance of substitute accommodation or additional social activities for particularly affected groups (children, women, disabled). Moreover, on some of permanently acquired properties owned by private persons and assigned for farming purposes in the local land use plan, farming is actually carried out. Owners of those properties state that after completion of the Investment the potential to continue such production will be excluded. The land will therefore lose its usable value. In accordance with the Special Flood Act, in this situation the owners of properties may demand expropriation and payment of compensation. Total amount of compensation will comprise the value of sowing, crops and other annual harvests, as well as (in case of multi-annual culture) costs of their funding and nurture of plantation, and value of lost crops. According to present World Bank guidelines defined in “Involuntary Resettlement Sourcebook” and the Operational Policy / Bank Policies 4.12, the designed expropriation (loss of properties or perpetual usufruct rights) results in the necessity of granting proper compensation. In the case of the discussed Investment, the following forms of compensation will be undertaken:  Financial – equivalent of the property’s market value,  Compensation for closing a section of the River Odra for navigation due to implementation of Task no. 9 will remain cash compensation. Due to the character of use rights to those sections of the river and due to a form of this usage, it is not expected to apply compensation in kind. The cash compensation will be established based upon the value of profits lost by shop- owners due to suspension of navigation.  Compensation in kind for the felling of trees and shrubs that interfere with the investment Modernization of Wroclaw Floodway System by making compensatory plantings near the Odra river bed. For some properties the amount of financial compensation was established during negotiations with owners / perpetual lessees or in the mode provided in the Special Flood Act. In case of 6 properties the compensation amount will be decided based upon an administrative decision. The parties have the right to appeal against the Lower Silesian Governor’s decision. In this case a part of compensation, to which the party did not have any remarks, will be immediately paid. The remaining part of compensation will be paid after obtaining a final decision of the Lower Silesian Governor. Although that in scope of the Project there were felling trees and shrubs only to the extent necessary for the implementation of the project, that did not remain without effect on the landscape along the Odra river. More than 7 thousand trees were cut. Implementation of felling trees met with dissatisfaction of inhabitants of Wroclaw City. In agreement with the Municipality of Wroclaw, RZGW WL wants to make every effort 27/33 to compensate for the changes which have occurred. On the basis of the Agreement with the Municipality of Wroclaw City, RZGW WL is obliged to planting compensation in the amount of two thousand pieces of trees. The expected size of the expenditure for the implementation of provisions of this Agreement, on the part of the RZGW WL is ca. 2 000 000 zł. This value refers to the compensation package for protective measures resulting from the implementation of the Project. As for liquidation of gardens, in accordance with article 21 item 10 of the Special Flood Act, the subject for the benefit of whom liquidation of a family garden or its part takes place is obliged to: 1) pay compensation for plants, devices and objects located on the plots to members of the Polish Association of Garden Owners; 2) pay compensation for devices, buildings and structures of a family garden plot designed for common use by the users of plots and securing proper functioning of the plot, owned by the Polish Association of Garden Owners, to the Association; 3) grant replacement property for recreation of a family garden plot. The area of permanent acquisition constitutes about 49% of total area of a single registered plot. Given the character of the management and location of part of the property necessary to be obtained, social impacts in this realm may be considered irrelevant. Ruins of buildings prevail in the range of acquired part of garden plots, the area is littered (e.g. with rubble), and disordered. Neat plants and facilities cover only a minor part of the planned acquisition of the property. Provisions of the Special Flood Act in the above mentioned realm are in compliance with OP 4.12 and with guidelines provided in “Involuntary Resettlement Sourcebook”. It may be considered that protection activities also comprise flood protection of garden plots not subject to liquidation and subjects hitherto exposed to the danger of flooding. The practice also shows that the diked area performs recreational function, as public green areas. Since, as a result of implementation of the Investment, the areas in question will be managed by ordering the area, a public area will be created, allowing for fulfilling recreational needs of inhabitants of nearby housing estates, as well as other citizens of Wroclaw. Moreover, some protective measures were proposed for illegal garden allotments located within the embanked area (task no. 6). The Contractor informed the illegal users on the necessity to implement the investment and on its deadlines, as well as organized two information meetings. Illegal users were informed about the investment during those meetings and its schedule was presented. Implementation of measures, which require acquisition of land under illegal garden allotments, was executed as one of final stages of the works within this section. It allowed the illegal users for removing land development in a suitable time. It shall be emphasized that from the very beginning of illegal land development the users were aware of its illegality. They did not also raise any objection towards implementation of the investment or deadlines for its implementation. 28/33 Regardless of compensation for permanent acquisition of properties, it will also be necessary to compensate the temporary loss of management for the property due to the necessary implementation of the project. Value of compensation will be established in agreement with owners of properties based upon the average remuneration for temporary usage of the property. In general, it should be stated that the Investor secures maximum compliance of the undertaken activities in implementation of the RAP with guidelines of the World Bank given in the Operational Manual – Involuntary Resettlement, as well as with guidelines of the Council of Europe Development Bank, in particular through implementation of the following assumptions: 1. Design works are conducted so as to minimize the range of properties necessary for acquisition. 2. The amount of compensation for lost properties will be established on the basis of arrangements with owners or perpetual lessees of properties in question or in a decision of the Lower Sielsian Governor, issued on the basis of a reliable, objective and independent valuation of the property, prepared by an authorized assessor, so that the present owner obtains a fair price for the property, and at the same time the adverse impact of the loss of the ownership of the property on his financial status is minimized. 3. Costs associated with the necessity to reconstruct the power-supply infrastructure will be borne by the Investor and included within the compensation package in order to assure the continuity of operations for enterprises and the access to electric power for local community. 4. All the costs resulting from undertaking of protection activities will be comprised in the compensatory package. 2. MECHANISMS OF PROTECTION OF INDIVIDUAL RIGHTS Decision establishing the amount of compensation is being issued, if in 2 months from the date of the development consent becomes final the amount of compensation will not be agreed by the Investor and the present owner of perpetual lessee. It is possible to appeal against these decisions, similarly to the development consent decision, by a party through submission of an appeal to the higher instance (ministry pertinent for construction issues). Appealing against the decision does not interrupt paying the compensation to the entitled units – in accordance with article 21 item 11 of the Special Flood Act, the appealing party may submit an application for paying the compensation established in the decision, and the State Treasury will be obliged to pay the amount, despite the appeal. Paying of the sum does not affect the appeal procedure. Decision issued in the appeal procedure may be sued in a Regional Administrative Court within 30 days from delivery of the ruling in the case to the applicant. The ruling of a Regional Administrative Court may be appealed by a cassation in the Supreme Administrative Court within 30 days from delivery of a copy of the ruling in the case with substantiation to the party. Cassation may be based on two grounds referring to the proceeding in the court of the first instance, consisting in 29/33 either breach of material law through its misinterpretation, or breach of procedural provisions, if the breach could have significantly influenced the ruling in the case. IV. RAP IMPLEMENTATION SYSTEM 1. STRUCTURE OF RAP IMPLEMENTATION TEAM 1.1 RAP DEVELOPMENT TEAM The Resettlement Action Plan was developed by two sub-teams: a) legal and social issues team, b) design team. The legal and social issues team included: Advocate Anna Oleńska, responsible for description of legal aspects of obtaining rights to properties; Advocate Paulina Kupczyk-Kuriata, responsible for description of social aspects of obtaining rights to properties; Marcin Pchałek, PhD in Legal Studies, Manager of the Legal Team of the Consultant, proxy of the Investor for administrative proceedings, coordinator of the legal and social issues team and of the design team, substantive editor, responsible for developing practical conclusions of the RAP. The design team included: Krzysztof Broś, General Designer of the Consultant of the Investor and Tadeusz Litewka, Resident Engineer, both responsible for identification of the range of properties necessary to be obtained. The works were supervised by Wojciech Ignacok, Deputy Director for the Consulting Service Contract, and Erwin Graczykowski, Deputy Contract Manager. The substantial participation of the Investor in works on the RAP was assured by Marek Munikowski. 1.2 RAP IMPLEMENTATION TEAM Implementation of the Resettlement Action Plan at the stage of actual obtainment of rights to properties engages: Marcin Pchałek and advocate Paulina Kupczyk-Kuriata were responsible for: - representation of the Consultant during any negotiations with the parties included in the RAP; - coordination of RAP implementation; - monitoring of RAP implementation; - preparation of a report on RAP implementation progress; - preventing crisis situations during negotiations through decisional reactions on the following ground: Investor – Consultant – RAP Parties; 30/33 - substantial cooperation with an Investor’s representative responsible for implementation of the RAP; - strategic cooperation with the Investor’s management and with PCU for ORFPP; - opinions on formal aspects of signing agreements on obtainment of rights to properties, including assessment of legal status and liabilities of a property; - opinions on civil law aspects of compensation agreements (signed in the mode defined by the Special Flood Act), including assurance of a proper amount and type of payment. Krzysztof Kocjan, real estate appraiser, was responsible for: - developing opinions on values of properties and appraisal studies; - participation in negotiations on establishment of a purchase price. Wojciech Ignacok, Erwin Graczykowski supervised implementation of the Resettlement Action Plan in the name of the Consultant. Marek Munikowski, Investor’s proxy, was responsible for: - coordination of RAP implementation in the name of the Investor; - participation in negotiations in the name of the Investor; - monitoring of RAP implementation in the name of the Investor; - verification of RAP implementation progress reports; - supervision improving realization of the Resettlement Action Plan. Tadeusz Litewka and Dorota Serwecińska will in the name of the Consultant assure the technical assistance during implementation of the RAP. This structure is reproduced in Appendix no. 5 to the Resettlement Action Plan. The total estimated operational costs of the Consultant’s Implementation Team amount to 85,000 EUR. The Consultant’s RAP Implementation Team is not embedded in the Investor’s organizational structure. 2. RISK MANAGEMENT SYSTEM The most important issue related to inclusion of public opinions is recognition of solution for a conflict, what may be especially achieved through utilization of negotiation techniques. The basic rule of negotiations is an assumption that it is possible to develop an agreement which would be acceptable for everyone. The main aim of negotiations is to develop a common proposal of the final solution. Cooperation with the other parties to develop a compromise solution practically means the preparedness to understand other arguments and interests. The essence of negotiations is therefore to perceive alternative reference standards and action methods. The negotiations are a defined method of solving temporary conflict situations of various characters in order to prevent escalation of the conflict, what would mean loss of control over the entire event. The loss of control is the most 31/33 significant hazard for the RAP implementation process aiming at selection of the socially optimal solution. In the scope allowed by financial discipline, including frames for property evaluation, the Investor will aim at the achievement of agreement at each stage of negotiations. In order to enable the proper public access to information on RAP implementation conditions, regular substantial and legal consultancies will be assured by the Consultant. The Investor will control the risk scale during conducted negotiations. Negotiations on the method and amount of compensation payment are conducted in an individual mode with particular vendors of rights to properties. The subject of negotiations at this stage is the amount of compensation. Further negotiations will be conducted in a written manner and in a form of a working meeting. During the meetings the parties will be informed on valuation methods and on the proceeding mode if negotiations fail, i.e. on procedures provided in the Special Flood Act, including protection measures to which they are entitled. As a result, involved parties will be able to assess their negotiation status. During this stage all the expectations of vendors of rights will be specified, so the Investor will be aware of the scale of risk. All suggestions and remarks of vendors of rights informed during work meetings in both phases of negotiations will be minuted and substantially and formally analyzed by the RAP Implementation Team. Similarly, remarks and suggestions submitted to the Investor in a written form will be considered apart from work meetings. The standpoint on remarks and suggestions will be developed by the Consultant in cooperation with the Investor. These standpoints will be prepared in 7 days, excluding time necessary for proceedings of third parties. The RAP Implementation Team will in each case expand care to immediately consider remarks and suggestions. In crisis situations the draft standpoint will be consulted with the PCU for ORFPP. The aforementioned procedure will allow vendors of rights to actually participate in implementation of the RAP. If significant discrepancies between standpoints of parties on the amount of compensation or awarding replacement properties will occur during the negotiation process, some mediations will be carried out. The mediator will be appointed by the Investor and the PCU for ORFPP from three candidates proposed by the Consultant. If within 2 months from the date of validation of the decision on the development consent the compensation is not settled, the amount of the compensation will be established by the Governor in another administrative decision. The vendor is entitled to the right to appeal and to complaint to the administrative court both in the case of implementation decision and in the case of decision on compensation. 3. MONITORING AND REPORTING Any correspondence with vendors of rights undergoes archivisation. Negotiation meetings will be documented by minutes ad acta. Actions aimed at improving the RAP implementation on a voluntary basis will be based on minutes of discrepancies. Minutes of discrepancies in the realm of price expectations of the parties will be 32/33 confronted with opinions/appraisal studies of expert real estate appraisers. Basing on the monitoring system constructed in such way, the Investor will keep constant control over the risk of obtaining rights. The essential monitoring of RAP implementation progress will be carried out based on a coefficient related to the amount of purchased properties. The results of monitoring will be presented in monthly reports submitted by the Consultant to the Investor and in Investor’s reports submitted to the PCU. Appendices: 1. List of properties to be acquired – Appendix no. 1, 2. Topographic map prepared for each task – Appendix no. 2, 3. Schedule for obtainment of properties – Appendix no. 3, 4. Estimated values of obtained properties – Appendix no. 4. 5. Structure of RAP Implementation Team – Appendix no. 5. 33/33