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ACTIVITIES IMPLEMENTED JOINTLY (AIJ)
 

UNIFORM REPORTING FORMAT:

NATIONAL PROGRAMME ON
ACTIVITIES IMPLEMENTED JOINTLY
UNDER THE PILOT PHASE

UNIFORM REPORTING FORMAT:

NATIONAL PROGRAMME ON ACTIVITIES IMPLEMENTED JOINTLY

UNDER THE PILOT PHASE

List of Programmes

1. Designated national authority for Activities Implemented Jointly

1. A) Please fill in if not already communicated or if changes have occurred.
Item Please fill in if applicable
Name of the national authority: Narodowy Fundusz Ochrony Srodowiska i Gospodarki Wodnej, Sekretariat - JI
Name of the national authority (English): National Found for Environmental Protection and Water Management, JI-Secretariat
Department: International Department
Acronym: NFOSiGW
Acronym (English): NF
Function within activity: Reporting agency
Street: Konstruktorska 3A
Post code: 02-673 Warsaw
City: Warsaw
Country: Poland
Telephone: (+48 22) 49 22 80; 49 00 80
Fax: (+48 22) 49 20 98
E-mail: jolantak@nfosigw.gov.pl
WWW-URL: http://www.nfosigw.gov.pl/
Contact person (for this activity): -------------------------------------
Surname: Mrs. Galon-Kozakiewicz, Ph.D
First name, middle name: Jolanta
Job title: Head of JI-Secretariat
Direct tel: (+48 22) 49 22 80; 49 00 80 ext. 504
Direct fax: (+48 22) 49 20 98
Direct E-mail: jolantak@nfosigw.gov.pl
2. Description of programme structure and features:

As a signatory to the Framework Convention on Climate Change (FCCC), Poland has made a commitment to stabilise the greenhouse gas (GHG) emissions to their 1988 level (most countries will stabilise to their 1990 levels) by the year 2000. Negotiations on additional reductions in GHG emissions in the next century are now underway. The parties to the FCCC are currently developing rules for a pilot Joint Implementation programme (AIJ-JI). Interest in Joint Implementation among developed countries, which have already achieved substantial reductions in GHGs, is based on the high cost of achieving further reductions. Because a reduction in GHG emissions is desirable from a global perspective, irrespective of where it is achieved, a number of developed countries support extension of experience in using Joint Implementation projects to promote reductions in GHGs.

Poland has adopted the position of a beneficiary country in JI projects because the unit cost of reduction of GHG emission in Poland will probably be far below the costs of respective decrease in donor countries. Implementation of JI projects would be highly advantageous to Poland and to other developing countries. These benefits might include the opportunity to obtain access to „state of the art" technologies, know-how and experiences in addition to actual assistance provided by multilateral and bilateral partners. On the other hand JI activities would encourage sustainable development in energy utilisation particularly, continuous reduction in local and transboundary air pollution, and promote restructuring and modernisation of energy-consuming branches of industry.

Joint Implementation projects will involve co-operation between foreign companies and Polish partners (private companies, municipalities, or public sector enterprises). However, governments, not individual companies are responsible for meeting FCCC objectives. The credits for GHG reduction, as a consequence of Joint Implementation projects during the proposed pilot phase or in a future programme, should be awarded to countries, with active participation of their governments as well as all parties involved in the project. In this respect, Joint Implementation projects are similar to other projects involving bilateral or multilateral assistance undertaken under the auspices of the National Fund for Environmental Protection and Water Management (NF). Foreign-assisted projects often require more attention to project preparation activities and post-implementation monitoring than do domestically-financed projects. This particularly refers to the projects financed or co-financed by international financial institutions such as the World Bank or EBRD. It is required by these institutions to monitor both financial and environmental (positive and negative) impacts resulting from their investment. Similar procedures should be applied for Joint Implementation projects also requiring monitoring of GHG emissions and preparation of reports to the Secretariat established by the Conference of Parties to the FCCC.

Recognising the complexity of Joint Implementation projects described above, in 1994 the Minister of Environmental Protection, Natural Resources and Forestry (Minister of EPNR&F) proposed the establishment of a Polish Secretariat for Joint Implementation. After collection of opinions and proposals from different ministries and governmental agencies the decision for establishment of a Polish Secretariat for Joint Implementation was made during the meeting of the Management Board of the Ministry of Environmental Protection, Natural Resources and Forestry (MoE) held on September 6, 1994. The Secretariat is located in and managed by the International Department of the NF. The decision to place the Secretariat in the NF instead of the MoE was based on the recognition that the activities to be undertaken by the Secretariat are closely related to the International Department's current role of co-ordinating and preparing foreign-assisted investments. The NF provides staff and funding as needed to carry out the roles of the Secretariat-JI detailed in the terms of reference.

Definition of Joint Implementation Projects

Broadly defined, Joint Implementation projects could include any co-operative efforts of both a donor and recipient party that result in a reduction in GHG emissions in comparison to an established baseline (in pilot phases the established baseline is understood to be the emissions before the start of investment). Beside the acknowledgement that a large variety of projects can be beneficial, Poland has adopted a position to restrict the categories of projects which will be endorsed by the Government of Poland as "Joint Implementation Projects" to the following:

(a) Projects involving technological development and upgrading of equipment, or involving financial resources to procure such technologies and equipment will be endorsed as JI projects. Projects which include only technical assistance, education, or training are valuable forms of foreign assistance but they will not be considered as JI projects.

(b) Projects directly reducing the generation of GHGs in the production of goods and services by (i) improving the efficiency of usage of raw materials or improving composition thereof (e.g. fuel switching), (ii) reducing the GHG content of wastes through chemical, biological, or physical treatment processes or recycling as well as projects that remove greenhouse gases from the atmosphere (e.g. carbon sequestration by planting trees).

These are the two major criteria that will be imposed on JI projects in Poland. Meeting these is essential for projects to be considered as JI. Additional criteria for JI projects are presented below. Parties proposing JI projects in Poland are expected to prepare a statement to be submitted with project documents to the Secretariat. The statement should describe the extent to which their project satisfies the above criteria. In the event that a proposed project does not meet one or more criteria the Minister of EPNR&F should be provided with sound justification as to why the project should be approved.

The criteria for evaluation of proposed JI projects in Poland have three objectives:

Ensure that JI projects during the Pilot Phase comply with the standards or guidelines adopted by the Conference of the Parties (COP).

Ensure that JI projects are consistent with the National Environmental Policy of Poland, promote the principles of sustainable economic development with optimisation of natural resource allocation, and are beneficial in the long term to Poland.

Ensure that public and private domestic financial resources devoted to the JI project for implementing JI projects are used cost-effectively (ensuring the best output at the given cost).

While it is possible that future negotiations on Joint Implementation by parties to the FCCC will lead to a set of evaluation criteria that would be acceptable to all parties, it seems more likely that criteria approved by the Conference of the Parties will be more general than the criteria that individual countries might develop. Thus, it is desirable for Poland to develop a set of JI criteria for reviewing projects proposed by donor countries.

The Role of the Secretariat for Joint Implementation

The Secretariat for Joint Implementation will have primary responsibilities for all projects for which proposers are requesting the status of Joint Implementation projects. The Secretariat will have responsibilities for communications, co-ordination, and review of Joint Implementation projects. The overall objectives of the Secretariat include the following:

1. Ensure effective development and implementation of Joint Implementation agreements, contracts, and other supporting documents.

2. Provide effective communication to the FCCC Secretariat, Polish ministries, and foreign donors and companies on matters relating to Joint Implementation activities in Poland.

3. Monitor the implementation of JI projects and prepare reports for the FCCC Secretariat as required by the Conference of the Parties to the FCCC.

3. Process for obtaining approval3. A) Brief description of procedure:Project Identification

During the identification stage of project development, Polish enterprises will determine the nature of investments to be made, technologies and processes to be utilised, and ways of financing these investments. Donors and foreign companies are searching for investment opportunities and new markets for their technologies. The major objectives of the Secretariat at this stage of project development are to ensure that project sponsors and implementors have adequate information about the Joint Implementation project procedures for preparing documentation for Ministry approval, to develop and update a portfolio of projects suitable for Joint Implementation, and to provide assistance to donors and foreign countries in identifying prospective Polish partners. These activities are described in greater detail below.

a. Notify Polish institutions of the Secretariat's creation and roles.

Proposals for Joint Implementation projects will typically be developed by foreign companies and their Polish partners. One of the highest priorities of the Secretariat will be to ensure that JI project proposers contact the Secretariat early in the proposal development stage to obtain information from the Secretariat on the Joint Implementation process in Poland. The Secretariat will prepare information including a description of the procedures for obtaining approval of Joint Implementation projects and information about the Secretariat (contact information). This information will be sent out to all ministries, institutes, foundations, and NGOs that would be likely to be a point of contact for a foreign company or donor.

b. Prepare information sheets for Polish enterprises, foreign companies, and donors

The Secretariat will prepare pamphlets on Joint Implementation projects that provide the background on Joint Implementation, Poland's commitments under the FCCC, and a description of the FCCC's Pilot Joint Implementation. These information sheets will also describe the general categories of projects that may be qualified as JI projects, the Polish criteria for JI projects, the review and approval process established in Poland for JI projects, and provide a list of supporting documents that need to be submitted to the Secretariat. A particularly important task will be to develop procedures for estimating and monitoring GHG emission levels.

c. Develop and update a portfolio of Polish investment projects suitable for Joint Implementation projects.

The Secretariat has already begun to develop a portfolio of projects that are suitable for financing or co-financing by foreign investors as AIJ/JI projects.

d. Assist foreign investors in identifying prospective Polish partners

The Secretariat will develop a close working relationship with Polish environmental funds and enterprises. This will enable the Secretariat to assist donors, international financial institutions, and private foreign donors in identifying Polish partners for JI projects.

Project Preparation

During the project preparation and approval phase the Secretariat will facilitate circulation of preliminary and detailed project documentation. (See Scheme of evaluation and approval procedure for JI projects)

During the project preparation stage, project proposers redefine the technical and financial details of the project. Depending on the nature of financing, this may involve preparation of applications for loans and grants, pre-feasibility and feasibility studies, an implementation and monitoring plan, business plan, etc.

For JI projects, proposers will also be required to obtain the initial and final approval of the Minister of EPNR&F. In addition, JI projects will require an agreement, endorsement or approval from the donor and host country governments. The major task of the Secretariat will be to manage the evaluation process and serve as a liaison between project proposers, donors, and Polish ministries and institutions.

a. Provision of assistance, as requested, to project proposers in preparing JI project documentation required for submission.

The Secretariat will be responsible for clarification of questions that may arise in reference to JI criteria, and for the development of an emissions monitoring system. In the cases where proposers require assistance in preparing documents, the Secretariat will provide them with a list of experts that can be consulted (at the proposers' expense).

b. Co-ordination of the review and approval process for JI projects

The Secretariat will be responsible for organising and co-ordinating the review process for JI projects. In the initial phase of documentation circulation, once the Secretariat is contacted by a JI project proposer, sponsor, or implementor, the Secretariat will obtain a general description of the project. The Secretariat will notify the Director of the Department of Ecological Policy that a JI project will be submitted in the near future for review and approval. The Director will inform the Minister and the Ministerial Board of Directors of the proposed project to ascertain whether there are any preliminary concerns about the suitability of the proposed project for JI. Concurrently the Secretariat will collect preliminary opinions about the project from different ministries, voivodeship authorities, experts, NF and other interested institutions.

The Minister of EPNR&F will appoint the Steering Committee with fixed institutional membership. The members of the Steering Committee would be:

Director of Ecological Policy Department and corresponding representatives of other relevant departments and representatives of State Inspectorate for Environmental Protection and representative of the Convention Secretary. The Head of JI Secretariat within the NF will be appointed as Secretary of the Steering Committee. The Head of the Steering Committee will be responsible for arrangement of meetings and introduction of relevant experts for particular projects, even those outside of the MoE, e.g. from other ministries, especially relating to economics and international cooperation and scientific research. These experts together with the Committee will carry out initial and final reviews of the JI project proposal and shall elaborate on the recommendations for the MoE.

The JI Steering Committee shall evaluate project proposals and recommend for approval each stage of documentation circulation. If the committee concludes that there are some points to be clarified or solved, the Committee shall meet with the proposer for discussion. When the process of circulation of detailed documentation is completed, the Steering Committee shall submit its recommendation along with the project proposal to the Minister via Director of Ecological Policy Department for final endorsement of the project.

c. Assist in the preparation of the agreement between the donor country and the Minister of EPNR&F

To complete the process of JI project approval, the representatives of the donor country and Poland will sign an agreement or memorandum of understanding describing the respective responsibilities of the foreign company or investor, the Polish implementor, and the governments of the two countries.

Project Post-Implementation Monitoring

Once the JI project is implemented, the Secretariat will play a supporting role in post-implementation monitoring and reporting.

a. Co-ordination of post-implementation monitoring activities.

The Secretariat will be in frequent contact with the JI project implementors, examine monitoring reports prepared by project implementors, and arrange audits or site inspections that may be requested by the FCCC Secretariat, the donor country, or the Minister of EPNR&F. Nevertheless the possibility of preparation of reports by the JI Secretariat for relevant voivodeship authorities or inspectorates should be taken into account.

b. Preparation of reports on the implementation of JI projects.

The Secretariat will prepare reports as required by the FCCC or in terms specified in the agreement between Poland and the donor country.

  • See attached table.
3. B) List all criteria for national acceptance of an activity implemented jointly:3.B.a) Criteria that support decision 5/CP.1:
3.B.a.1) Act, dated January 3lst,1980 on environmental protection and management.

The Republic of Poland provides protection and rational management of the environment, which is an all-national asset, and creates the conditions conducive to exercise of citizens' right to a comprehensive use of its values.

Whereas, on the basis of the above mentioned constitutional principles the following is deemed indispensable:

  • management of the environment in accordance with the needs of the public and the national economy,
  • harmonization of development of production forces, science and technology with environmental protection considerations,
  • definition of legal measures ensuring the use of the environment in conformity with public needs,
  • making the tasks aiming at environmental protection a duty of state organs, cooperative, public and professional organizations,
  • protection of the environment by every citizen,

it is here hereby resolved as follows:

Chapter 3

Protection of the air

Art. 25. Protection of the air against pollution consists in preventing excess of allowable concentration of pollutants and in limiting or elimination of discharging those substances into the air by production and service facilities, vehicles, mine-tips, dumping sites and other sources of pollution.

Art. 26. Air pollution is discharging into the air solid, liquid or gas substances which can negatively affect human health, climate, living nature, soil or water or cause other damage to the environment.

Art. 27. Organizational units and natural persons conducting economic activity are obligated to use methods, technologies and technical means protecting the air against pollution and, if necessary, to apply for designation of protective areas or determination of the rules for management of the area referred to in Art. 6 item 5.

Art. 27a. The users of internal combustion engines are under obligation to maintain them in technical condition preventing the air from pollution in excess of the values spelled out in separate regulations.

Art. 28. 1. In case of undertakings involving discharge of pollutants into the air there should be considered current and expected air pollution in a given area determined by the competent organs of state administration.

2. Organizational units and natural persons carrying out economic activity resutting in discharge of pollutants into the air are obligated to take measurements of their concentration.

Art. 29. Minister of Environmental Protection, Natural Resources and Forestry will determine by an order:

  1. allowable concentration of air pollutants, scope and conditions of departure therefrom, the organs competent to rule on such departures,
  2. the rules for determination by territorial organs of state administration the type and volume of pollutants that may be discharged into the air,
  3. rules for taking measurements of the substances' concentration.

Art. 30. 1. Territorial organ of state administration at voivodship level determines by an order type and volume of air pollutants allowed to be discharged into the air by an organizational unit or a natural person undertaking or engaged in economic activity.

2. Abiding by the provisions of the decision referred to under item 1 does not exclude nor limits liability of organizational units or natural persons for damages caused by air pollution.

3. The final decision referred to under item 1 can be repealed or changed by the issuing organ of the state administration in case of:

  1. change of volume or type of pollutant or conditions of its discharge,
  2. changes of standards and provisions pertaining to protection of the air,
  3. occurrence of new sources of pollution.

4. Repeal or change of the decision for the reasons spelled out under item 3 point 3 warrants compensation.

5. he facility which benefits from repeal or change of the decision for the reasons spelled out under item 3 point 3 participates in damages in proportion to the beneflts reaped.

Art. 31.1. In case of infringement by an organizational unit or natural person of the provisions of the decision referred to in Art. 30 item 1 provincial environmental protection inspector may, regardless of application of the other legal measures, issue a decision on suspension of the activity resulting in such infringement.

2. In cases referred to under item 1 on the motion of the interested party the organ mentioned therein may set a date for rectification of violation and, in case of non-compliance, it will suspend the said violation.

Art. 32. 1. In case of singularly adverse conditions or for other reasons which could result in exceeding allowable concentration of pollution in a given area to the extent posing an immediate threat to human health or life, the territorial organ of state administration of general voivodship (provincial)level jurisdiction will order, for a specified time, limitation or a ban on emission of specific pollution into the air. The organ may also limit or ban the use of vehicles powered with internal combustion engines in the area where there occurred a concentration of air pollutants to an extent harmful for human beings.

2. The provision of item 1 may be applied corresponding(y in case of concentration in a given area of pollutants to an extent threatening to a great extent historical monuments.

3. The Minister of Environmental Protection, Natural Resources and Forestry, in cooperation with the Minister of Health and Welfare:

  1. will determine the type and volume of pollutants that may be emitted into the air by internal combustion engines,
  2. may, if the need be, ban in the specified area, fuels or raw materials or use of technologies resulting in air pollution to the extent threatening human life.
3.B.a.2) Priorities concerning air protection projects

Some selection criteria for projects financed from resources of the National Fund for Environmental Protection and Water Management, in the field of air protection.

This is based on :

  • the "Implementation Program of the National Environmental Policy till the year to 2000",
  • voivodship lists of priority projects regarding environmental protection for 1997,
  • and proposals of Minister of EPNR&F.

1) Directions:

  1. Support for the undertakings leading to reductions of the emissions into the atmospheric air of gas and particulate pollutants, by means of the modernisation and upgrading of the fuel production and burning technologies.
  2. Support for the undertakings related to the rationalisation of heat systems, including the recovery of heat, national production of highly efficient heating equipment, combined with the use of unconventional energy sources.

2) Selecton criteria for projects in the field of air protection:

  1. elimination of low-stack emissions;
  2. supporting projects connected with the construction of systems supplying gas and district heating to spas, tourist destinations and protected areas;
  3. improving heating efficiency, especially linked to the elimination of household stoves and existing local boilers with low efficiency and poor technical condition through a comprehensive modification of heating systems;
  4. control of gaseous and ash emissions from power generation and large hard and (lignite) brown coal - fired energy cogeneration plants, especially having an impact on Poland's international commitments.
  5. improving energy efficiency;
  6. modification of industrial processes in order to improve energy efficiency and reduce harmful emissions;
  7. promoting non - conventional energy source projects;
  8. supporting modern technical solutions limiting the environmental impact of and transport, in particular city transport, in the context of exhaust fumes, noise and vibration emissions including support in equipping monitoring services;
  9. controlling non - ionising electromagnetic radiation.
3.B.b) Other criteria for national acceptance of AIJ:
Criterion 1 For any JI project, it must be possible to estimate ex ante the expected reductions in GHG emissions and monitor ex post the actual reductions in GHG emissions.

Since the distinguishing feature of JI projects is their contribution to GHG emission reductions, it is critically important that these benefits can be predicted and monitored. The project proposer or sponsor should provide analysis of expected emission reduction and a project monitoring system to measure/calculate emission reductions after the project is implemented.

Criterion 2 JI projects should not lead to increases in other local/regional environmental quality indicators at the expense of achieving reductions in GHG emissions.

Where proposed JI projects might lead to increases in air pollution, waste water discharges, or waste disposal, appropriate mitigation measures should be incorporated into the JI project.

Criterion 3 JI projects should directly or indirectly result in cost-effective realisation of environmental goals.

Where JI projects involve the installation of new capital equipment, they should also lead to a net reduction (or at least no increase) in the facility's costs of meeting current and anticipated environmental standards (e.g. resulting from harmonisation with the European Union environmental directives and/or other international treaty commitments). Thus, process changes and new technologies which prevent pollution are desirable.

Criterion 4 JI projects should encourage the economic use of natural resource and reuse or recycling of waste materials.

In effect, as Poland develops a plan for implementing Agenda 21 provisions from UNCED, it will strive to meet certain goals for using its natural resources as efficiently as possible.

Criterion 5 JI projects should be compatible with, and promote to the greatest extent possible, utilisation of modern production processes.

To compete in European and international markets, Poland needs to identify and implement the most effective technologies, while simultaneously improving or maintaining product quality.

Criterion 6 JI projects should be sensitive to and compatible with macroeconomic policies at national and voivodeship levels.

Where Poland is making a financial commitment in the JI project, total benefits and costs as well as distribution of those benefits and costs should be taken into account. Both direct and indirect effects on employment and the viability of enterprises should be considered.

Criterion 7 JI projects should only be undertaken by Polish enterprises which can reasonably be expected to be economically viable in the long term.

In effect, to maximise the prospects for achieving and sustaining GHG reductions, a financial audit of the enterprise should be conducted. Where there are alternative sites for the JI project, an assessment of the relative advantages of implementation of the JI projects on the proposed sites should be made.

4. Summary of activities 4. A) Summary of AIJ projects reported using the uniform reporting format for Activities Implemented Jointly:
Type of projecta) Title of activity Stage of activityb) Remarks GHGs
CO2 CH4 N2O Other        
fuel switching Coal to Gas Conversion Mutally agreed /

in progress / completed

12 projects located throughout Poland 141 698c) [t/year]

3 259d)

[t/year]

- - -

a) For example using IPCC classification: energy efficiency; renewable energy; fuel switching; forest preservation, restoration or reforestation; afforestation; fugitive gas capture; industrial processes; solvents; agriculture; waste disposal or bunker fuels.

b) Circle the appropriate option.

c) Planned, concerning 12 projects

d) Concerning the AIJ component of the project (2.3% of total planned environmental benefits).

4. B) Non project activities:

Evaluation and approval procedure of JI - projects

  • circulation of preliminary documentation
  • circulation of detailed documentation
  • reporting

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