LEA Phase 1: Joint SEP for Field Surveys
in Italy
1. Introduction
This Stakeholder Engagement Plan (SEP) describes the approach to stakeholder
engagement during the 1st phase (field surveys) of the Land Easement and Acquisition (LEA)
process of the TAP project in Italy. This SEP covers stakeholder engagement activities of
both the Social and Technical LEA teams.
TAP has committed to engaging with stakeholders in a manner consistent with the EBRD
Performance Requirements, in particular PR10 and PR05. Stakeholder engagement also
aims to build long-term positive relationships with the communities in the Project area and to
ensure that they are informed about the LEA stage of the TAP project. This SEP provides a
platform for the LEA teams to engage with local communities and incorporate their views and
opinions in the LEA process.
Stakeholder engagement is implemented by TAP not only in compliance with the EBRD
requirements, but also according to the Italian national legislation, and in line with the method
TAP Italy has designed and followed in engaging with the local communities and also in the
language and the cultural manner appropriate for the local communities.
1.1
Background information
The Trans Adriatic Pipeline (TAP) Project is a proposed gas pipeline to transport gas
between sources in the Caspian region and western and south-eastern Europe. The project
aims to enhance energy supply security as well as diversifying gas supplies for European
markets.
TAP crosses Greece, Albania and the Adriatic Sea and comes ashore in southern Italy. It will
connect to existing pipeline infrastructure at both ends, in Turkey and Italy. The pipeline will
be approximately 870 km in length and will affect around 25.000 people in all three countries
by crossing the land they own and/or use. In Italy the pipeline has a total length of
approximately 8 km onshore and 60 km offshore and crosses one (1) Province of Lecce and
one (1) municipality of Melendugno.
1.2
Purpose and objectives
The purpose of the SEP is to ensure that a consistent, comprehensive, coordinated and
culturally appropriate approach is taken for LEA related consultation and project disclosure in
Italy. This SEP is fully aligned with the EBRD Performance Requirements 10 and 05 and
compliant with the TAP’s Stakeholder Engagement Strategy for LEA. It will ensure free, prior
and informed consultation of the affected communities through the realisation of an inclusive
and culturally appropriate process of stakeholder engagement, in an early, on-going and
iterative way throughout the LEA process of the project.
The objectives of the SEP are to:
- Describe the activities of the field survey comprising the First Phase of LEA;
- Describe the general process for consultation and disclosure during the First Phase of
LEA;
- Identify key stakeholders (both for Technical
and Social LEA teams), their
expectations and preferences, with particular attention to the needs of vulnerable
people who will be identified during the Census and Asset Inventory survey;
- Provide an approach and general timetable for sharing information and consulting
stakeholders during the First Phase of LEA;
- Document TAP’s resources and responsibilities for implementing the activities and
provide contact information;
- Provide details on reporting/documenting stakeholder engagement activities; and
- Describe briefly a Grievance Mechanism designed for the LEA process of the Project.
2. Regulations and Requirements
2.1
Italian laws for Public Consultation and Obtaining Local Government Approval
Italy has ratified a number of international regulations on access to information and public
participation in decision-making (including the Espoo Convention ratified in 1995 and Aarhus
Convention ratified in 2001).
In addition to the international regulations, Italian law (DPR 327/2001) stipulates that
information about a development should be provided to affected people and gives
opportunities for feedback and negotiated settlements before the expropriation decree is
triggered, hence, it meets the spirit of EBRD requirement related to consultation and
stakeholder engagement. An analysis of the gaps between the Italian legislation related to
stakeholder engagement and the EBRD requirements, can be found in the Italian LRF. At the
same time, a more rigorous legal review is ongoing and the outcome of the review will be
reflected in the updated version of the Italian LRF.
2.2
TAP Stakeholder Engagement Strategy for LEA
TAP has prepared its Stakeholder Engagement Strategy for LEA (TAP-LEA-ST-0003) that sets
out the principles and methods which will govern all TAP’s LEA engagement activities with
existing and potential stakeholders. The TAP Stakeholder Engagement Strategy for LEA is used
as a guideline for all LEA-related Stakeholder Engagement Plans and Action Plans. This SEP is
compliant with the TAP Stakeholder Engagement Strategy for LEA.
For every separate field activity and interaction with relevant stakeholders and project affected
people, both Social and Technical LEA teams will prepare their Stakeholder Engagement Action
Plans (SEAPs) which will be attached to the relevant SEP.
The TAP LEA Stakeholder Engagement Strategy specifies that every Project-related interaction
with stakeholders is recorded in the Stakeholder and Consultation Database (SCD). All Project
stakeholders, consultations with them and the issues raised will be registered in the SCD. The
SCD should help in creating an overview and consistent, effective and regular dialogue with
stakeholders.
After the stakeholders have been identified, they will be categorised into ‘high’, ‘medium’ or ‘low’
priority groups according to:
-
Their level of influence on the LEA phase;
The extent of the LEA’s potential impact on them; and
The frequency with which the teams will engage with them.
3. Summary of Previous Stakeholder Engagement Activities
The ESIA process in Italy started in 2010 and since then stakeholders at national, regional
and municipal levels have been engaged in consultations. In addition to the social baseline
data required for ESIA, consultation meetings have been held along the pipeline corridor. All
stakeholders have been provided with project information and an opportunity to comment,
express their concerns and discuss issues. All potential impacts of the Project are addressed
in the ESIA.
Once a draft ESIA is finished, it will be publicly disclosed in Italy with engagement activities
organised to present the findings of the ESIA and receive comments and suggestions. The
disclosure and consultation will be organised at national, regional and local level under the
supervision of the Ministry of Environment and Territorial and Sea Protection (Ministero
dell'Ambiente e della Tutela del Territorio e del Mare). All administrative levels from regional
to village authorities as well as the local communities and other interested parties will be
consulted and engaged in this final ESIA phase.
4. LEA Strategy and Approach by LEA team
4.1
Introduction
According to international best practice, TAP has accepted the following approach for LEA
activities:


In most cases, obtain easements for the pipeline corridor rather than ownership;
Seek to reach negotiated settlements wherever possible, and use expropriation as
an instrument of last resort, and only when good faith negotiations with landowners
have failed;
 Provide livelihood restoration for all affected people, ensuring they do not suffer
economic loss, until livelihoods are restored to the pre-project level;
 Pay compensation amounts prior to the start of construction activities and entry to
land;
 Compensate affected assets at replacement cost (with timely payment);
Ensure that LEA activities are implemented with appropriate disclosure of information
and consultation;
Identify and assist vulnerable people as needed.
The Project will cause temporary disturbance to livelihoods of people through land affected
by the pipeline, above ground installations, and temporary facilities. It is estimated that in
total, approximately 200 parcels of land will be affected by the project in Italy. The
households will mostly be affected during construction works for two to three years. The
impacts within the restriction zones will only marginally affect agricultural practice.
The Scope of Work for Design or pre-construction LEA consists of 2 phases as outlined in
Figure 1 below:
Figure 1: LEA Phases for the pre-construction part of the TAP project.
4.2
Phase 1: Preparation and Field Surveys– by Social LEA team
Through field surveys, the Social LEA team will identify all properties potentially affected by
the Project as well as vulnerable people and other groups in the project area, and provide the
compensation entitlement estimates based on the updated records of the affected assets
(through the Census and Asset Inventory survey). The LEA teams of surveyors will work in
cooperation with the local authorities of affected communities. Starting in spring 2014, the
LEA surveyors will conduct surveys of affected assets and people in the following successive
tasks:
Visits to Local Authorities or Pre-census
Through interaction with local authorities, the Social LEA surveyors will confirm the
identification of all affected land parcels based on the combined results technical LEA
activities for the elaboration of a project cadastre in which landowners will be identified by
visiting the authorities with a list of affected plots and affected landowners. A detailed
Stakeholder Engagement Action Plan (SEAP) for the visits to local authorities in Italy, or precensus, will be prepared jointly with Technical LEA in Spring 2014.
Census and Asset Inventory survey
The LEA surveyors will inspect all potentially affected plots in the presence of identified
landowners and users (or their representatives) within the survey corridor. The survey
corridor in Italy will be 40m to cover not only the construction corridor (of 26m) but also the
restriction Zone B, which is 40m wide. The information required for the estimation of
compensation will be gathered, in particular a description and size of affected plots, current
crops/trees on them at the time of the inspection (annual and perennial crops) and the
estimated income from the agricultural activities on affected plots.
The purpose of this survey is to gather simple baseline information on all affected assets and
land-owners and land-users, and also to identify vulnerable individuals who will need special
assistance from TAP, if affected by the Project.
Preliminary information on vulnerability indicators, for example age and income, will be
gathered for further analysis by the LEA team and consideration of specific support in further
stages of the identification and compensation process. A specific questionnaire has been
developed to capture relevant information from each project affected person and will be
included into a SEAP for Census and Asset Inventory.
Based on the results of the Census and Asset Inventory, the compensation amounts will be
calculated and on their basis, necessary legal documents/contracts will be prepared to
negotiations with the project affected people.
Sample socio-economic survey
After the census and asset inventory, the LEA surveyors will conduct a sample socioeconomic survey. This will establish a comprehensive and statistically reliable baseline of the
local communities’ livelihoods, with a comparison between a control group of unaffected
households, and a group of project affected people for further monitoring of livelihood
restoration results. The sampling will seek to achieve 95% confidence with a 5% margin of
error. The sample will be stratified as follows:
 Land tenure strata1 (two sub-groups of population - landowners and land users); and
 Geographic strata (three to four sub-groups population).
The survey will be repeated with the same households (both affected and control group)
three years after the completion of construction and reinstatement of the Project area. The
results will be compared to those of the initial sample socio-economic survey and
conclusions on livelihood restoration will be drawn in relation to the initial data collected. A
separate SEAP will be prepared for the sample socio-economic survey and submitted for
TAP’s approval.
4.3
Phase 2: Secure Land Access – by Social LEA team
During the Second Phase of the LEA process, TAP will establish contracts with land owners
and users to secure land access for the next stages of the project (construction and
1
Strata – a group of people or population. The term is often used in reference to social studies.
operation of the pipeline). TAP will predominantly use negotiated settlements to secure land
access. If despite the reasonable endeavours of TAP the negotiations with a Project Affected
Person (PAP) fail, expropriation will be carried out based on the Italian legislation, to obtain
the required rights to the land. Though, the expropriation will be used as a last resort after all
attempts to negotiate have failed. A separate Stakeholder Engagement Plan (SEP) for the
Second Phase of LEA in Italy will be prepared in the due course and submitted for TAP’s
approval.
5. LEA Strategy and Approach by the Technical LEA team
The strategy and approach followed by Technical LEA team will follow closely the approach
detailed in TAP’s Stakeholder Engagement Strategy (TAP-HSE-ST-0009), Strategy for the
Implementation of TAP’s CSR policy under the TSP model (TAP-HSE-ST-0008) and the TAP
Stakeholder Engagement Strategy for LEA (TAP-LEA-ST-0003).
There are two major groups of stakeholders with which the Technical LEA team will interact.
The first group represents central and local institutions of government engaged in the
cadastral and property processes in Italy such as (Agenzia del Territorio and the
Conservatoria dei registri immobiliari) and any other units of local government processing
information required for cadastral data. The second group represents owners and groups of
owners whose property will be affected by the pipeline and who, upon identification and
registration of their properties, will negotiate with TAP in a process of land easement, lease
or acquisition.
In all the processes that are foreseen for the elaboration of the project cadastre in Italy,
Technical LEA team will follow strictly all the rules and regulations that manage the
processes of interaction with stakeholders as described in the above mentioned documents
and TAP Code of Conduct to ensure transparency and fairness for all the stakeholders and
all the processes in which they will be involved. Technical LEA Team East prior to on-site
visits with stakeholders, will have also undergone training related to engaging and
communicating with stakeholders. They will be familiar with the following documents: Code of
Conduct (TAP-GEN-PO-0001), Engagement with Government and Public Officials (TAPGEN-PO-0005), Data Protection Policy (TAP-PRM-PO-0001) and the Third Party Grievance
Mechanism.
The core objective of stakeholder engagement by the Technical LEA Team is to provide
more detailed data on cadastral information to ensure all the necessary documents and data
needed for registration / update of land ownership and rights of way for the construction and
operation of the pipeline.
Described below are the two major activities which will involve stakeholder engagement
during the elaboration of a comprehensive legal cadastre:
1. Collection, evaluation, and analysis of information through field activities (Agenzia del
Territorio and the Conservatoria dei registri immobiliari). A detailed Stakeholder
Engagement Action Plan (SEAP) for the visits to local authorities in Italy will be
prepared jointly (if possible) with the Social LEA team and submitted for TAP’s
approval.
2. Collection of cadastral and other relevant data in the priority areas - Pipeline
Receiving Terminal, access roads, pipe yards, camps, block valve station. The
Technical team will:
a. through meetings and close work with central and local authorities and
landowners and land users, identify/update the cadastral data of the affected
project areas with regards to the information on the legal owner, ownership
and other servitude (tenant) documents and third parties, based on the
provisions of corresponding legislation;
b. Inform and support the affected land owners / different parties regarding the
procedures, legal rights and limitations, which have to be followed to register
or update their properties;
c. Provide owners with missing technical documents on their properties needed
for the cadastral update or land registration process;
d. Participate in meetings and also advise during the on-going process regarding
cadastral work, legal and technical issues, and preparation of the necessary
documentation;
e. Prepare a separate SEAP for this process and submit it for TAP’s approval
detailing the process of engagement and ensuring compliance with TAP rules
and regulations.
Technical LEA is also responsible for the Study on Compensation Values. That will involve
close work and interviews with cadastral and other Italian authorities, and consists of the two
tasks:


Task 1. Identification of compensation values currently used in Italy by the
State/Government and its agencies - in all cadastral zones (fogli) affected by the
pipeline; and
Task 2. On the basis of the national compensation values identified in Task1, these
compensation values will be elaborated further so that they comply with the EBRD
Performance Requirement 5 and reflect the replacement values.
During all activities, Technical LEA team will ensure that delicate and / or sensitive
information is reported and all stakeholder engagement information properly uploaded in the
SCD while complying with TAP’s personal data protection policy for all the parties involved.
6. Project Stakeholders
6.1
Key stakeholders identified to date
Both Technical and Social LEA teams identified the following categories of stakeholders for the
First Phase of LEA in Italy:
Affected individuals (this category includes land-owners and land-users)
These stakeholders will be identified further during the Census and Asset Inventory survey and
update of the project cadastral data. The Census and Asset Inventory survey will contribute to
the final list of all Project Affected People (PAPs), who will form a majority of the stakeholders to
be engaged during the first phase of LEA. These groups of stakeholders will be directly affected
by the project, as they are potentially located within the construction corridor and permanent
easement zone.
Affected businesses, fisheries and tourism operators
These stakeholders have been identified during the ESIA process. During LEA, they will be
informed about the LEA activities and engaged during the Study of Compensation Values as
well as Census and Asset Inventory survey. The purpose of stakeholder engagement with this
category of stakeholders is to collect data on their activities, and to assess whether they are in
fact affected by the project, and if so, to what extent. The results of Study of Compensation
Values and Census and Asset Inventory survey will contribute to the final list of this group of
stakeholders.
Vulnerable individuals and/or groups2
Vulnerable individuals and/or groups are likely to be based within the 40m survey corridor.
These groups will be identified during the Census and Asset Inventory and Sample SocioEconomic surveys. Such groups usually include households headed by women (who may be
single parents), elderly, children, disabled people and other potentially vulnerable groups living
within the corridor. It is assumed that such groups can be either directly or indirectly affected by
the project and TAP has to pay special attention to them in compliance with EBRD
requirements. The methodology on identifying vulnerable people is described in details in the
Italian LRF, Section 07.
Local Authorities
The Project crosses Italian territorial waters in the Adriatic Sea for about 60 km, and reaches its
landfall between the hamlets of San Foca and Torre Specchia Ruggeri in the municipality of
Melendugno in the Lecce Province of the Puglia Region. It then crosses the municipality of
Melendugno to reach the Pipeline Receiving Terminal, where it connects to the Italian natural
gas grid.
National and regional governments
Territorial waters and some land required for the Project, belong to either the State or
municipalities. National and regional governments (of the Province of Lecce and Municipality of
Melendugno) will also be engaged in the LEA-related discussions and decisions and also during
LEA-related consultations, which thus make them stakeholders of the TAP project.
General public, including NGOs and media
The general public in Italy could be indirectly affected by the Project, for example, through the
spin-off effects in increased investments in the Project area. The environmental and social
elements of the project are of interest to the Italian NGOs and media, as it was established
during the ESIA studies.
6.2
Key Stakeholder Groups and Engagement Tools
All LEA-related engagement with the relevant stakeholders and authorities will take place
after the submission of the ESIA documentation to the Italian authorities. Thus the LEArelated stakeholder engagement and the further identification of the authorities to be involved
in LEA activities, will be carried out at a later stage.
Taking into account the above, the following stakeholders have been identified to date:







2
The authorities of the Province of Lecce;
The authorities of the municipality of Melendugno;
Affected individuals (including land-owners and land-users);
The local offices of the National Tourism Agency (Agenzia Nazionale del Turismo);
National Cadastral and Land Registry Offices (Agenzia del Territorio and the
Conservatoria dei registri immobiliari);
Commune of Melendugno;
Groups of local fishermen;
The definition of vulnerable groups is provided in the Italian LRF.
7. Stakeholder Engagement Program
The main objective of both Social and Technical LEA teams for the field surveys is to collect
the data about the Project Affected People (PAP), their livelihoods and assets, which will
then be used in preparation of the Livelihood Restoration Plan (LRP).
The Social LEA team divided their activities into four (4) tasks, each involving different
engagement activities:
Task 1: Meetings with Local Authorities or pre-census
This Part involves establishing the relationship with the local authorities and introduction of
the LEA process. A SEAP will be prepared for this activity and submitted for TAP approval.
Once these data are received from the local authorities, the lists of landowners will be
updated. The priority areas for the Census and Asset Inventory survey will be confirmed with
the relevant local authorities. The selection of the priority areas is likely to be based on
technical, socio-economic and/or ecological parameters. The local authorities and other local
representatives will be informed about the selection of the survey areas and the timing of the
surveys.
Task 2: Census and Asset Inventory survey
A participatory and collective approach to stakeholder engagement will be taken during the
Census and Asset Inventory survey, where project affected individuals, project affected
businesses and also local and regional authorities will be involved. These stakeholders will
be informed about the Census and Asset Inventory survey and its progress. All letters of
invitation, presentations and hand-out materials for this Part will be prepared and submitted
for the TAP’s approval well in advance as part of the detailed SEAP for this activity.
Stakeholder engagement with potentially affected landowners and land users as well as
businesses will also take place (through them being interviewed using the questionnaire).
Vulnerable individuals and/or groups will be identified during the interviews. All stakeholder
groups/individuals will be informed about the purpose and objectives of the survey.
Opportunities to raise questions will be provided and Grievance Mechanism procedures
explained.
The field surveys might receive some attention from the local or national media and the
general public at large. Therefore it is anticipated that in addition to the engagement with the
project affected people, some engagement with the media and the general public might also
take place, with TAP’s approval and in full compliance with its guidelines.
Task 3: Sample Socio-Economic Survey
The field surveys will also comprise a Sample Socio-Economic Survey (SSES). The
stakeholder engagement activities for this survey will take place with the local community
based within the survey corridor. This will allow the structure, organisation and economic
inter-dependencies of the project-affected people to be identified. A methodology for the
Sample survey is being currently developed in more detail, however it is envisaged that the
content of the Sample survey will be tailored for Italy’s local context. The relevant
stakeholders will be regularly informed about, and involved in these activities and their
progress. Meetings, workshops and other tools such as a Sample Socio-Economic
questionnaire will be developed for this stage, and agreed with TAP. A specific SEAP for this
activity will be prepared.
Task 4: On-going Stakeholder Engagement
When all field surveys are completed, the results will be communicated to the local, regional
and national authorities, as well as to the affected communities, businesses and individuals.
The engagement activities with these stakeholders will continue throughout the rest of the
LEA stage of the Project and negotiations for compensation. All relevant information will be
disclosed to the project affected people and meetings will be held with them and the relevant
local authorities.
7.
Resources & Responsibilities
Stakeholder engagement is an integral element of TAP’s core business activities and is
managed according to the same principles of other business functions, i.e. with clearly
defined objectives and targets, professional staff, established timelines and budgets,
responsibility, accountability and oversight. Both Social and Technical LEA teams recognise
the importance of dedicating appropriate resources to the engagement process and
establishing clear lines of responsibility.
During the lifespan of the project (< 50 years), the affected communities and other interested
parties will interact with a variety of representatives from TAP and its contractors.
Consistency of information conveyed to stakeholders by different teams and keeping track of
such activities is important to reduce any potential inefficiency, confusion, and conflicting
messages or commitments.
Engaging different types of stakeholders requires different skills and staffing considerations.
When hiring field staff, both teams will hire surveyors and stakeholder engagement staff who
will be able to develop and maintain good working relationships with the local communities.
8.
Grievance Mechanism
TAP’s Third Party Grievance Mechanism is part of TAP’s broader process of stakeholder
engagement, accountability, quality and compliance assurance and its Corporate Social
Responsibility.
The means and opportunities provided by this mechanism will be communicated on regular
basis to all affected land-owners, land-users and other third parties in the course of TAP’s
stakeholder engagement activities. The results of its implementation will be monitored and
publicly reported.
The updated (2013) version of TAP’s Grievance Mechanism for Pre-Construction Phase
replaces the 2010 version taking into account of the Project entering the LEA stage, which
includes but is not limited to the establishment of project cadastres, negotiated settlements with
land owners and right holders, local capability enhancement programs with local enterprises, the
establishment of social and environmental investment programs etc.
While works implemented during the ESIA process, require engagement mostly with
communities and administration, during the LEA process, the engagements and interactions will
be more on a household and/or individual level and is therefore expected to result in increased
number of concerns and grievances. Once the pre-construction phase is over and before
construction starts, the Third Party Grievance Mechanism will be revised once more to suit
the needs of the further project development phases.
TAP Italy is in the process of fine-tuning a grievance mechanism in Italy. This will be
complemented by a transparent and accountable supervision body.
However, the general TAP’s Grievance Mechanism has the following steps:
a)
b)
c)
d)
e)
f)
g)
9.
Receive and register grievances
Translation, review, clarification, and acknowledgement
Processing the Grievance
Corrective Actions
Feedback and follow up
2nd tier grievances (Mediation process – if required)
Monitoring and reporting
Monitoring& Reporting
Monitoring Stakeholder Engagement Activities
At the end of all consultation activities, questions will be posed to stakeholders to provide an
indication of the effectiveness of meetings and the process of stakeholder engagement.
These will be tailored to be relevant to the audience but will address the manner in which the
meeting is carried out and question to what extent the overall process is viewed to be free of
manipulation, interference, coercion, and intimidation, and conducted on the basis of timely,
relevant, understandable and accessible information in a culturally appropriate format.
The results will be collected and monitored by both teams during the overall process of
engagement. This process will enable the LEA teams to identify trends over time and the
main areas of concern in terms of engagement. A medium or low score after a particular
meeting or over an engagement phase will indicate an inadequacy with the engagement
activities that requires corrective action. Measures on how to address these issues may
include a review of the information disclosed to stakeholders, a revision of the timescale or
location where meetings were held, etc. If necessary, additional meetings may be organised
with particular stakeholder(s) to clarify and understand the main areas of concern in terms of
the above criteria.
All stakeholder engagement activities will be recorded in the Stakeholder and Consultation
Database (SCD). The purpose of the SCD is to ensure that communication with stakeholders
is accurately logged such that views expressed are taken into consideration by the project
and that any commitments made are acted upon. Each Social and Technical LEA field team
will have a person responsible for making the MoMs. When collected, responsible persons
trained in MoM process for contractors both at Social and Technical will submit the MoMs for
TAP review and approval and record them on the SCD, when finalised.