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Rehabilitation in Lebanon
ABQUAR LIFE04-TCY-RL-0040
FINAL REPORT
1/3/2005 to 31/8/2007
Submitted on 31 August, 2007
Prepared By
Adel Yacoub
Project Coordinator
Ministry of Environment
Lazarieh Bldg., Riad El-Solh
Block A4, P.O.Box. 11-2727
Beirut Lebanon
Tel. +961.1.976555
Fax. +961.1.976532
www.moe.gov.lb
TABLE OF CONTENTS
TABLE OF CONTENTS......................................................................................................... 2
LIST OF ACRONYMS............................................................................................................ 4
LIST OF ACRONYMS
CoA
Court of Accounts
CoM
Council of Ministers
CoS
Council of State
DPNR
DSS
DR
Department of Registry
EA
External Assistant
EC-LIFE
ELARD
GIS
LEDO
LBP
Lebanese Pound
MoE
Ministry of Environment
MoF
Ministry of Finance
NC
National Coordinator
NCQ
PM
Project Manager
PR
Progress Report
SCN
SWOT
Strength-Weakness-Opportunity-Threat
TA
Technical Assistant
TOR
Terms of Reference
VAT
Value-Added Tax
Section I
Technical Report
Task.2
Reviewing Legal Framework for
Quarry Rehabilitation
Cumulative Actions
Cumulative Outputs
9
9
9
9
9
page6
Tasks Description
Cumulative Actions
Cumulative Outputs
The Council of Ministers has also approved a draft law
introducing to the 2006 national budget law (under MoE section)
a program-law for the implementation of a national
rehabilitation program which is now being submitted to the
Lebanese Parliament for discussion and still pending.
Task.3
Developing a GIS-based Decision
Support System (DSS)
9
9
9
9
9
page7
Tasks Description
Task.4
Identification of Barriers and
Developing Measures to
Overcome them
Cumulative Actions
9
Task.5
Implementation Program
Task.6
Communication and
dissemination practices
Cumulative Outputs
Using the DSS and its reinforced visual GIS interface, various
scenarios and routines of prioritization have been tested with
the aim to develop a national rehabilitation plan for quarries;
A procedure including guidelines, regulations and
administrative checklist for rehabilitation application has been
developed and is now pending ministers approval
A number of applications for quarries rehabilitation have been
received from local municipalities and interested public.
page8
PROJECT MANAGEMENT
ABQUAR Team
The terms of reference (TOR) for both project manager (PM) and technical assistant (TA)
positions had been prepared by the national counterpart team and advertised in 3 local
newspapers and on MoE website. Eighteen applications were received for the PM position of
which 13 claims did not meet the TOR and so were disqualified. Similarly, 37 claims of
interest were received for the TA position of which 27 applications did not meet the TOR
and were also disqualified. PM took part in the evaluation of qualified applicants, for which
selection criteria were developed according to which a final candidate was selected and
appointed.
Mr. Hassn Bitar resumed his position as PM on September 1, 2005, whereas Ms. Carla
Hanna (ranked 1st) took up the TA position as of October 13, 2005. Ms. Carla Hanna had
later on resigned (on 23/08/2006) and Mrs. Linda Khalil (ranked 2nd) took over from October
09, 2006 till May 09, 2007 (see Annex.C 1 ).
National Coordination
As per the ministerial decision no. 52/2 dated 26/2/2005, Mr. Adel Yacoub from the Service of
Conservation of Nature (SCN) was appointed as a national coordinator for ABQUAR, an
assignment which he fulfilled on a full time basis the whole duration of the project (see
Annex.D1).
Moreover, given that ABQUAR is the first EC-Life project to be solely managed by MoE, the
support and expertise of Ms. Lamia Chamas (acting chief of service-SCN) was essential in
order to ensure projects progress particularly during the initial phase of the project when no
PM or TA was on board. Along with Mr. Yacoub, Ms. Chamas was fully committed to
mobilize the project, organize all administrative set-ups, recruit project team and write the
first progress report in the first 6 months of the project. She continued to support the project
at 25% of her time commitment at MoE till end of October 2006.
Only Mr. Yacoub time commitment is reported as MoE financial contribution to ABQUAR.
His personnel cost is calculated based on his gross salary and additional social charges (see
Table.1) according to MoE letter of 7/11/2006 (ref. 4812/B) - see Annex.D2.
Please note the National Coordination Unit previously reported did not take effect due to
the fact that some involved staffs have resigned their job at MoE and that the difficult
circumstances did not allow a full implementation of all tasks and associated activities.
page9
Social Charges
Year
2005-2006
100%
100%
1,672,000
1,710,000
117,040
119,700
100,320
102,600
142,120
145,350
150,000
150,000
111,467
114,000
2006-2007
278,667
285,000
2,571,613
2,626,650
External Assistant
The external assistant (EA), ELARD s.a.r.l., was officially engaged as of January 3, 2006.
Three contracts (contract 11/1 and contract 13/1 dated 31/12/2005 and contract 37/1 dated
30/8/2005) and associated TOR were prepared according to both MoE and EC-LIFE
regulations and singed after being checked and cleared by the Lebanese Court of Accounts.
Contracts 11/1 and 37/1 are paid in full through MoE contribution and so it is subjected to
VAT. Whereas, Contract 13/1 is paid through EC-Life contribution and so it is not subjected
to any tax (see Annex.E).
Table.2 Contract 11/1 has a total budget of 84,975,000 LBP (with VAT) and is disbursed from MoE
contribution as follow:
Task
Deliverables
1.4
2.1-2.3
3.1
3.2
3.3
3.4
Payment
% Total
LBP 16,995,000
20%
LBP 25,492,500
30%
LBP 25,492,500
30%
LBP 16,995,000
20%
LBP 84,975,000
100%
page10
Table.3
Contract 13/1 has a total budget of 70,600 (without VAT) and is disbursed from ECLIFE contribution as follow:
Task
Deliverables
Payment
% Total
3.5.1
14,120
20%
21,180
30%
3.5.2
30%
14,120
20%
70,600
100%
4.3.1
4.3.3
Table.4
Task
Contract 37/1 has a total budget of LBP 81,675,000 (with VAT) and is disbursed from
MoE contribution as follow:
Deliverables
Payment
% Total
LBP 16,335,000
4.1
LBP 24,502,500
4.2
LBP 24,502,500
Final Report
LBP 16,335,000
20%
30%
30%
20%
LBP 81,675,000
100%
Total
Bouna Yaacoub St., Jal El Dib, Beirut. Gebara Bldg. 6th Floor.
Telefax: +961.4.724.734/735. Email: morigrp@dm.net.lb.
page11
VAT Status
According to article 19 of the VAT law No. 379/2001 and with reference to the Ministry of
Finances letter addressed to MoE on 1/6/ 2004, VAT will be applied as follows (see Annex.
B):
I.
The supply of goods and services rendered in execution of the part of the project
that is foreign (i.e., EC contribution) are zero-rated.
II.
The supply of goods and services rendered in execution of the part of the project
that is financed by the contribution of the MoE is subject to VAT, and this VAT
shall not be reimbursed to the ministry.
page12
Table.5
Initial
Reschedule 1
Reschedule 2*
Status
start
end
start
end
start
end
1-Mar-05
15-May-05
1-Mar-05
11-Feb-06
1-Mar-05
11-Feb-06
completed
15-May-05
15-Jul-05
3-Jan-06
16-Feb-06
3-Jan-06
16-Feb-06
completed
1-Jul-05
1-Jul-05
1-Jul-05
1-Jul-05
1-Jul-05
30-Aug-05
30-Oct-05
28-Feb-06
28-Feb-06
1-Aug-06
3-Jan-06
3-Jan-06
3-Jan-06
3-Jan-06
3-Jan-06
16-Aug-06
17-Apr-06
17-Apr-06
15-Apr-06
14-Sep-06
3-Jan-06
3-Jan-06
3-Jan-06
3-Jan-06
3-Jan-06
30-Sep-06
17-Apr-06
17-Apr-06
15-Apr-06
14-Oct-06
completed
completed
completed
completed
completed
1-Jul-05
1-Jul-05
1-Jul-05
1-Jul-05
30-Mar-06
1-Aug-06
31-May-06
1-Jul-06
3-Jan-06
3-Jan-06
3-Jan-06
1-Aug-06
30-Aug-06
30-Jun-06
28-Dec-06
1-Oct-06
3-Jan-06
3-Jan-06
3-Jan-06
13-Nov-06
1-Nov-06
30-Jun-06
28-Feb-07
22-Nov-06
completed
completed
put off**
completed
1-May-06
1-May-06
1-May-06
30-Aug-06
30-Nov-06
31-Jan-07
1-Nov-06
1-Nov-06
1-Nov-06
1-Aug-07
1-Aug-07
1-Aug-07
completed
completed
put off**
1-Jun-06
1-Jun-06
1-Jun-07
1-Jun-07
put off**
completed
page13
* Due to the recent conflict in August 2006 many activities had been delayed and rescheduled.
** These activities are put off due to the issues raised in the requests for prolongation: (1) exceptionally difficult circumstances facing MoE, (2) ministers
resignation as of nov.2006 up till now, (3) the nature of the dissemination activities which are no longer a national pressing need given the post-conflict
focus of the Lebanese administration on recovery and reconstruction rather than institutional capacity building projects. A reference can be made to MoE
letter (2390/B: withdrawal of prolongation request) sent to EC-LIFE on 22/5/2007.
page14
program-law has been forwarded to parliament for discussion and is now pending approval
(see Annex.G3).
Location
Nov 13
Basel
Muttenz
FHNW
Muttenz
Holderbank
Zurich
Nov 14
Nov 15
Nov 16
Holderbank
Activity
Trainer
Dirk Hengevoss
Dieter Mutz
Claude Lscher
Thomas Imbach
(Holcim)
Thomas Imbach
(Holcim)
page15
Date
Location
Activity
Trainer
Nov 17
Thun
Nov 18
Flawil
Andreas Lehmann
(Stiftung Landschaft und
Kies)
Georg Willi (Renat)
Balzers FL
Nov 20
Lyss
Nov 21
FHNW
Muttenz
Nov 22
FHNW
Muttenz
Thomas Imbach
(Holcim)
Dieter Mutz
Dirk Hengevoss
page16
page17
Thus, a set of parameters and guidelines necessary for the design and implementation of
quarry rehabilitation specific to each type of quarries in Lebanon was developed.
These parameters were coded into a DSS module which would search into the quarries
database and GIS layers for the specific condition for each quarry and then propose and type
of rehabilitation indicating its level of appropriateness to that quarry. The details and
outputs of this activity are elaborated in Report.4.
page18
page19
Table.7 Rehabilitation sites identified using the prioritization system and the DSS.
Town/Site
Msaylha
Hadath Jibbeh
Ain Zhalta
Zighidraya
Jouwaya
Caza
Mohafaza
Batroun
Bcharreh
Ain Zhalta
Sidon
Tyr
North Lebanon
North Lebanon
Mount Lebanon
South Lebanon
South Lebanon
Stereographic Coordinates
X
-319055
-297478
-318586
-347553
-357504
Y
14072
11600
-46779
-68333
-99584
Criteria
1,2,3,4,8,10,11
1,3,4,8,11,13
1,3,4,7,8,11
1,3,6,7,8,11,12,13
1,3,4,7,8,11
It should be noted that this program was developed upon ministers request using merely
the prioritization criteria that were identified prior to DSS in a move to mobilize the
aforementioned program-law for rehabilitation. This has become the national rehabilitation
program. These prioritization criteria and associated weighting system as leveraged by
public perceptions was then fully integrated into DSS and helped develop rather a
theoretical framework for a national rehabilitation program. Such results would have to be
validated and exposed to public and concerned stakeholders before it can be implemented
as they may not be compliant with the minister decisions which a priori reflects the
government political stance/decision concerning quarries rehabilitation in Lebanon.
page20
3. Technical and environmental conditions of the site (i.e., min. distances from natural
resources: springs, rivers, protected areas; residential areas; plot size, etc.);
4. Preliminary evaluation and final approval;
5. Concerned and involved authorities (e.g., municipalities, Mohafez, etc.);
6. Work monitoring and follow-up reports;
7. Financial guarantees or bonds;
8. Eligibility, license duration and renewal;
9. Penalties.
Other procedures such as final approval of work, archiving and systems for operational
quarries (activitiy.5.2.2 trough to 5.2.7) are routines that already exist and are operational at
MoE.
However, in order to be effective such a procedure must make part of, or be appended to, an
existing or a new legal framework, hence it is now pending NCQ and ministers approval
before it can be submitted to CoS and later to CoM for final approval and adoption.
Thus far, 9 claims of interest had been received and archived. A project proposal and an
Environmental Impact Assessment (EIA) had been requested for each. Also, using the DSS
and the prioritization system their impact and priority on the national level had been
determined and was very low given these site are very remote with no secured funds or
bonds (see Annex.K1).
No information booklet (activity.5.3) of the rehabilitation procedure could be prepared or
disseminated due to aforementioned circumstances (see also following section: challenges,
shortcomings and sustainability).
N.B. unlike that disseminated with decree.16456/2006 this procedure is applicable to all types of
quarries (i.e., aggregates, rock or sand) and all scales (i.e., no limitations as to the cut-face, slope or
land impact).
page21
page22
February 2005 - August 2005: the assassination of former Prime Minister R. Hariri led to
the succession of 2 successive governments in a period of 6 months. During this time the
enactment of all legislations came to a halt. Given that ABQUAR is the first EC-LIFE
project to be solely managed by MoE, many administrative, technical and financial
procedures had to be established and certified to be compliant with both EC-LIFE and
local regulations. This required a lot of institutional collaboration which proved to be
very time consuming. As a result, the grant approval decree, without which the project
could not at all be mobilised, came 4 months after the projects official starting date.
Consequently, considerable delays occurred in recruiting the project manager, the
technical assistant and in engaging the external assistance.
July 2006 - August 2006: the one month conflict with Israel had severe impacts not only
on the project but also on the entire nation. Many activities, be it field-based or officebased, were critically delayed due to the fact that major roads were cut and many
employees had provisionally fled the country. This has raised enormous pressure on the
environment particularly the need for building materials for reconstruction as it also
altered the government priorities by deflecting all efforts towards the alleviation of the
socio-economical and political rather than environmental impacts of this war.
November 2006 - Present: Several ministers from the current government, including the
minister for environment, have resigned bringing to another halt many administrative and
financial procedures.
However the MoE is fully committed to pursue the project till the end particularly that it
addresses one of the most serious environmental problem as perceived by the Lebanese.
Sustaining the project can be achieved by pressing on the following key processes:
The quarry law drafted as part of the Alleviating Legal and Institutional Barriers
activity still requires the assent of the minister of environment (now resigned) and
the consultation of various concerned authorities before it can be passed to CoS then
CoM and later to parliament for endorsement. MoE will work on pushing the draft
quarries law to an advanced level and insure its full endorsement and prepare and
implement associated applications decrees.
A financial procedure to mobilize quarry bonds have been developed and is now
being reviewed by various concerned authorities (viz., taxation, treasury and budget
directorates). Once these bonds are mobilized and the program-law for rehabilitation
had been approved by parliament, a rehabilitation fund would have to be established
allowing MoE to advance rehabilitation works for on priority quarries. This will
contribute largely to the sustainability of the project.
page23
Section III
Report
Task
Title
3.1
3.2
3.3
3.4
3.5
4.1
4.2
4.3
Annex
Description
VAT Status
VAT Law
2. MoE Letter to MoF
1.
2.
3.
Notice to Start
Contracts
TORs
Work Plans
Invitation Letters
List of Invitees
Ministers Speech
Project Brief + Decree 8803
Photos - Launching
Letter to Embassies
Replies from Embassies
Cost Proposals
Training Materials
EC Per Diem Rates
Projects Website
Website Materials
1.
Official Launching
1.
2.
3.
4.
5.
External Assistant
1.
2.
3.
4.
Recruitment of PM
Recruitment of TA
Focal Point
Project Team
1.
2.
1.
Description
3.
Stakeholders Identification
1.
Annex
Independent Audit
1.
Rehabilitation Program
Rehabilitation Procedure
Rehabilitation Demands Received
Proposal
Financial Forms
1.