Anna Roggenbuck
CEE Banwkatch Network
Sent to:
Promoting the principles of the Convention in the processes and projects of international financial institutions (IFIs).
Outline of presentation
- EIB and EBRD and Aarhus Convention (later: AC) – brief reference to Aarhus Convention in IFIs policies. Unique status of EIB as EU institution.
EIB subject to provisions of AC on access to environmental as EU institution. European Community made a declaration that its institutions would apply the Convention.
EIB is therefore subject to regulation on access to information, like Regulation 1049/2001 regarding access to European Parliament, Council and Commission documents ad Regulation on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies.
EIB refers to AC in its policies, like Transparency Policy and Statement on Environmental and Social Principles and Standards
EBRD – reference to AC in Environmental Policy but lack of the reference in Public Information Policy
- Principles (environmental information disclosure, public participation, grievance mechanisms) of Aarhus Convention in IFIs practices:
- Promoting Convention among IFIs borrowers including those in non-Aarhus countries
- IFIs put demands in policies (principles, standards, procedures). These are effective tools for promotion of AC among borrowers.
- EIB requires all projects it finance, irrespectively from the country, whether it is a party to Convention or not, to comply with standards on environmental impact assessment, including public participation and environmental information disclosure.
- EBRD also requires from the borrowers to apply AC standards and this is reflected in Environmental Policy
- Promotion through technical assistance and cooperation with the borrower directly, transfer of “know-how” to borrowers
2.2 Promoting Convention by giving good example (IFIs as decisionmakers in environmental matters):
IFIs can be treated as decision-makers in environmental matters, as they decide if to grant a public finance to the project and the environmental consideration (environmental assessment or environmental appraisal) is integral part of their decision-making process; e.g EIB assesses the project climate impact, identifies projects environmental risk Project must meet certain environmental standards to be eligible for financing from IFI.
a) access to environmental information held by IFIs: practices, loophols.
IFI’s hold environmental information and they should be obliged to disclose them if they subscribe to AC standards and respect them. They hold environmental impact assessment studies, information on emissions, projects construction permits.
- EIB is very passive in disclosure of information. Almost all are disclosed only on request, even though there are some standard environmental documents for evenry project (like Environmental Appraisal Reports)
- Information on webpage often outdated
- Environmental information on projects financed through financial intermediaries is not available to the public
- EBRD should also disclose routinely its Environmental Screening Memorandum, Environmental Summaries, Initial Environmental Examinations
- EBRD should consider harmonisation its Public Information Policy with AC, especially grounds for refusal of access to environmental information (exceptions to disclosure)
b) public participation in IFIs decision-making (IFIs strategies and policies; due-diligence and decision-making versus environmental impact assessment);
- EBRD- decision-making process correlated with EIA done by borrower. Room for EBRD for more active participation in EIA and quality check, advisory role, room for the public to express opinions directly to EBRD.
- EIB makes its environmental assessment confidential. This is against the spirit of AC. Public does not know if the process is still on-going or is finished. The result of environmental assessment is confidential until the project is approved and sometimes even sign. Moreover EIB’s environmental assessment is not correlated with EIA done with borrower. The EIA could be done even years before EIB’s consideration or after the project is approved. EIB refuse to make its own environmental process transparent claiming that it would adversely affect its decision-making process. It becomes not to be credible in promotion of AC standards among borrowers.
- Both EIB and EBRD allow public participation in the process of preparation and revision of sector policies (transport policy, energy policy)
c) accountability mechanisms
- they illustrate “access to justice” pillar of AC
- investigation maladministration they remind IFIs about their environmental obligations
- they have also problem solving functions (it may refer to environmental matters
- in the past EIB Compliants Office warned the Bank which had not disclose environmental information; in case of D1 motorway construction in Slovakia it reminded borrower (Government of Slovakia) about their obligations (public consultations in EIA process) under the AC and it recommended the bank not to disburse the loan until additional environmemental documents are provided by borrower
- Recommendations for IFIs and parties to Convention as members of IFIs bodies
- People in Ministries of the Parties to Convention should train their respective EBRD Directors about Aarhus Convention, should present pillars of Convention, explain them and request the Directors to advocacy for transposition of AC into the EBRD’s policies and practices
- EBRD to refer to Aarhus Convention in its Public Information Policy
- IFIs should make their environmental deliberations (assessment) transparent and its result publicly accessible before decisions are made – this is necessary for IFIs to give good example of practicing standards of Aarhus Convention. This is also a way for IFIs to hear more from the public about the operation planned
- IFI’s should disclose to the public all environmental information they hold (unless exceptions to disclosure apply as stated in AC)
- Routine disclosure and updates of information on web pages – IFI’s should make their environmental documents available in electronic form on a routine basis. Information should be updated regularly
- Summaries or transcripts of IFI’s governing bodies’ deliberations related to environment should be publicly available