 |
 |
 |
|
 |
|
 |
|
|
|
|
|
|
|
|||
 |
|
 |
|
 |
|||
|
|
|
|
|
|
|||
 |
|
 |
|
 |
|||
|
|
|
|
|
||||
|
Home Principle Sustainability in Practice Speaking Events & Training's Identity & Branding Strategic Consulting Business Development Sales Development Clients Partnerships Projects Media and Press Contact |
The Equator Principles The Equator Principles are a financial industry benchmark for determining, assessing and managing social & environmental risk in project financing PREAMBLE July 2006 - The "Equator Principles": A financial industry benchmark for determining, assessing and managing social & environmental risk in project financing Project financing, a method of funding in which the lender looks primarily to the revenues generated by a single project both as the source of repayment and as security for the exposure, plays an important role in financing development throughout the world.1 Project financiers may encounter social and environmental issues that are both complex and challenging, particularly with respect to projects in the emerging markets. The Equator Principles Financial Institutions (EPFIs) have consequently adopted these Principles in order to ensure that the projects we finance are developed in a manner that is socially responsible and reflect sound environmental management practices. By doing so, negative impacts on project-affected ecosystems and communities should be avoided where possible, and if these impacts are unavoidable, they should be reduced, mitigated and/or compensated for appropriately. We believe that adoption of and adherence to these Principles offers significant benefits to ourselves, our borrowers and local stakeholders through our borrowers’ engagement with locally affected communities. We therefore recognize that our role as financiers affords us opportunities to promote responsible environmental stewardship and socially responsible development. As such, EPFI's will consider reviewing these Principles from time-to-time based on implementation experience, and in order to reflect ongoing learning and emerging good practice. These Principles are intended to serve as a common baseline and framework for the implementation by each EPFI of its own internal social and environmental policies, procedures and standards related to its project financing activities. We will not provide loans to projects where the borrower will not or is unable to comply with our respective social and environmental policies and procedures that implement the Equator Principles. 1 Project finance is “a method of funding in which the lender looks primarily to the revenues generated by a single project, both as the source of repayment and as security for the exposure. This type of financing is usually for large, complex and expensive installations that might include, for example, power plants, chemical processing plants, mines, transportation infrastructure, environment, and telecommunications infrastructure. Project finance may take the form of financing of the construction of a new capital installation, or refinancing of an existing installation, with or without improvements. In such transactions, the lender is usually paid solely or almost exclusively out of the money generated by the contracts for the facility’s output, such as the electricity sold by a power plant. The borrower is usually an SPE (Special Purpose Entity) that is not permitted to perform any function other than developing, owning, and operating the installation. The consequence is that repayment depends primarily on the project’s cash flow and on the collateral value of the project’s assets.” Source: Basel Committee on Banking Supervision, International Convergence of Capital Measurement and Capital Standards ("Basel II"), November 2005. SCOPE - July 2006 The Principles apply to all new project financing's globally with total project capital costs of US$10 million or more, and across all industry sectors. In addition, while the Principles are not intended to be applied retroactively, we will apply them to all project financing's covering expansion or upgrade of an existing facility where changes in scale or scope may create significant environmental and/or social impacts, or significantly change the nature or degree of an existing impact. The Principles also extend to project finance advisory activities. In these cases, EPFI's commit to make the client aware of the content, application and benefits of applying the Principles to the anticipated project, and request that the client communicate to the EPFI its intention to adhere to the requirements of the Principles when subsequently seeking financing. STATEMENT OF PRINCIPLES EPFI's will only provide loans to projects that conform to Principles 1-9 below: Principle 1: Review and Categorization When a project is proposed for financing, the EPFI will, as part of its internal social and environmental review and due diligence, categorize such project based on the magnitude of its potential impacts and risks in accordance with the environmental and social screening criteria of the International Finance Corporation (IFC) (Exhibit I). Principle 2: Social and Environmental Assessment For each project assessed as being either Category A or Category B, the borrower has conducted a Social and Environmental Assessment (“Assessment”) process2 to address, as appropriate and to the EPFI’s satisfaction, the relevant social and environmental impacts and risks of the proposed project (which may include, if relevant, the illustrative list of issues as found in Exhibit II). The Assessment should also propose mitigation and management measures relevant and appropriate to the nature and scale of the proposed project. Principle 3: Applicable Social and Environmental Standards For projects located in non-OECD countries, and those located in OECD countries not designated as High-Income, as defined by the World Bank Development Indicators Database, the Assessment will refer to the then applicable IFC Performance Standards (Exhibit III) and the then applicable Industry Specific EHS Guidelines (“EHS Guidelines”) (Exhibit IV). The Assessment will establish to a participating EPFI’s satisfaction the project's overall compliance with, or justified deviation from, the respective Performance Standards and EHS Guidelines. The regulatory, permitting and public comment process requirements in High-Income OECD Countries, as defined by the World Bank Development Indicators Database, generally meet or exceed the requirements of the IFC Performance Standards (Exhibit III) and EHS Guidelines (Exhibit IV). Consequently, to avoid duplication and streamline EPFI's review of 2 Social and Environmental Assessment is a process that determines the social and environmental impacts and risks (including labor, health, and safety) of a proposed project in its area of influence. For the purposes of Equator Principles compliance, this will be an adequate, accurate and objective evaluation and presentation of the issues, whether prepared by the borrower, consultants or external experts. Depending on the nature and scale of the project, the assessment document may comprise a full-scale social and environmental impact assessment, a limited or focused environmental or social assessment (e.g. audit), or straight-forward application of environmental sitting, pollution standards, design criteria, or construction standards. One or more specialized studies may also need to be undertaken. these projects, successful completion of an Assessment (or its equivalent) process under and in compliance with local or national law in High-Income OECD Countries is considered to be an acceptable substitute for the IFC Performance Standards, EHS Guidelines and further requirements as detailed in Principles 4, 5 and 6 below. For these projects, however, the EPFI still categorizes and reviews the project in accordance with Principles 1 and 2 above. The Assessment process in both cases should address compliance with relevant host country laws, regulations and permits that pertain to social and environmental matters. Principle 4: Action Plan and Management System For all Category A and Category B projects located in non-OECD countries, and those located in OECD countries not designated as High-Income, as defined by the World Bank Development Indicators Database, the borrower has prepared an Action Plan (AP)3 which addresses the relevant findings, and draws on the conclusions of the Assessment. The AP will describe and prioritize the actions needed to implement mitigation measures, corrective actions and monitoring measures necessary to manage the impacts and risks identified in the Assessment. Borrowers will build on, maintain or establish a Social and Environmental Management System that addresses the management of these impacts, risks, and corrective actions required to comply with applicable host country social and environmental laws and regulations, and requirements of the applicable Performance Standards and EHS Guidelines, as defined in the AP. For projects located in High-Income OECD countries, EPFI's may require development of an Action Plan based on relevant permitting and regulatory requirements, and as defined by host-country law. Principle 5: Consultation and Disclosure For all Category A and, as appropriate, Category B projects located in non-OECD countries, and those located in OECD countries not designated as High-Income, as defined by the World Bank Development Indicators Database, the government, borrower or third party expert has consulted with project affected communities in a structured and culturally appropriate manner.4 For projects with significant adverse impacts on affected communities, the process will ensure their free, prior and informed consultation and facilitate their informed participation as a means to establish, to the satisfaction of the EPFI, whether a project has adequately incorporated affected communities’ concerns. The Action Plan may range from a brief description of routine mitigation measures to a series of documents (e.g., resettlement action plan, indigenous peoples plan, emergency preparedness and response plan, decommissioning plan, etc). The level of detail and complexity of the Action Plan and the priority of the identified measures and actions will be commensurate with the project’s potential impacts and risks. Consistent with Performance Standard 1, the internal Social and Environmental Management System will incorporate the following elements: (i) Social and Environmental Assessment; (ii) management program; (iii) organizational capacity; (iv) training; (v) community engagement; (vi) monitoring; and (vii) reporting. Affected communities are communities of the local population within the project’s area of influence who are likely to be adversely affected by the project. Where such consultation needs to be undertaken in a structured manner, EPFI's may require the preparation of a Public Consultation and Disclosure Plan (PCDP). Consultation should be “free” (free of external manipulation, interference or coercion, and intimidation), “prior” (timely disclosure of information) and “informed” (relevant, understandable and accessible information), and apply to the entire project process and not to the early stages of the project alone. The borrower will tailor its consultation process to the language preferences of the affected communities, their decision-making processes, and the needs of disadvantaged or vulnerable groups. Consultation with Indigenous Peoples must conform to specific and detailed requirements as found in Performance Furthermore, the special rights of Indigenous Peoples as recognized by host-country legislation will need to be addressed. In order to accomplish this, the Assessment documentation and AP, or non-technical summaries thereof, will be made available to the public by the borrower for a reasonable minimum period in the relevant local language and in a culturally appropriate manner. The borrower will take account of and document the process and results of the consultation, including any actions agreed resulting from the consultation. For projects with adverse social or environmental impacts, disclosure should occur early in the Assessment process and in any event before the project construction commences, and on an ongoing basis. Principle 6: Grievance Mechanism For all Category A and, as appropriate, Category B projects located in non-OECD countries, and those located in OECD countries not designated as High-Income, as defined by the World Bank Development Indicators Database, to ensure that consultation, disclosure and community engagement continues throughout construction and operation of the project, the borrower will, scaled to the risks and adverse impacts of the project, establish a grievance mechanism as part of the management system. This will allow the borrower to receive and facilitate resolution of concerns and grievances about the project’s social and environmental performance raised by individuals or groups from among project-affected communities. The borrower will inform the affected communities about the mechanism in the course of its community engagement process and ensure that the mechanism addresses concerns promptly and transparently, in a culturally appropriate manner, and is readily accessible to all segments of the affected communities. Principle 7: Independent Review For all Category A projects and, as appropriate, for Category B projects, an independent social or environmental expert not directly associated with the borrower will review the Assessment, AP and consultation process documentation in order to assist EPFI's due diligence, and assess Equator Principles compliance. Principle 8: Covenants An important strength of the Principles is the incorporation of covenants linked to compliance. For Category A and B projects, the borrower will covenant in financing documentation: a) to comply with all relevant host country social and environmental laws, regulations and permits in all material respects; b) to comply with the AP (where applicable) during the construction and operation of the project in all material respects; c) to provide periodic reports in a format agreed with EPFI's (with the frequency of these reports proportionate to the severity of impacts, or as required by law, but not less than annually), prepared by in-house staff or third party experts, that i) document compliance with the AP (where applicable), and ii) provide representation of compliance with relevant local, state and host country social and environmental laws, regulations and permits; and d) to decommission the facilities, where applicable and appropriate, in accordance with an agreed decommissioning plan. Where a borrower is not in compliance with its social and environmental covenants, EPFI's will work with the borrower to bring it back into compliance to the extent feasible, and if the borrower fails to re-establish compliance within an agreed grace period, EPFI's reserve the right to exercise remedies, as they consider appropriate. Principle 9: Independent Monitoring and Reporting To ensure ongoing monitoring and reporting over the life of the loan, EPFI's will, for all Category A projects, and as appropriate, for Category B projects, require appointment of an independent environmental and/or social expert, or require that the borrower retain qualified and experienced external experts to verify its monitoring information which would be shared with EPFI's Principle 10: EPFI Reporting Each EPFI adopting the Equator Principles commits to report publicly at least annually about its Equator Principles implementation processes and experience, taking into account appropriate confidentiality considerations. DISCLAIMER The adopting EPFI's view these Principles as a financial industry benchmark for developing individual, internal social and environmental policies, procedures and practices. As with all internal policies, these Principles do not create any rights in, or liability to, any person, public or private. Institutions are adopting and implementing these Principles voluntarily and independently, without reliance on or recourse to IFC or the World Bank. Such reporting should at a minimum include the number of transactions screened by each EPFI, including the categorization accorded to transactions (and may include a breakdown by sector or region), and information regarding implementation. Exhibit I: Categorization of projects As part of their review of a project’s expected social and environmental impacts, EPFI's use a system of social and environmental categorization, based on IFC’s environmental and social screening criteria, to reflect the magnitude of impacts understood as a result of assessment. These categories are:
Exhibit II: Illustrative list of potential social and environmental issues to be addressed in the Social and Environmental Assessment documentation. In the context of the business of the project, the Assessment documentation will address, where applicable, the following issues: a) assessment of the baseline social and environmental conditions b) consideration of feasible environmentally and socially preferable alternatives c) requirements under host country laws and regulations, applicable international treaties and agreements d) protection of human rights and community health, safety and security (including risks, impacts and management of project’s use of security personnel) e) protection of cultural property and heritage f) protection and conservation of bio diversity, including endangered species and sensitive ecosystems in modified, natural and critical habitats, and identification of legally protected areas g) sustainable management and use of renewable natural resources (including sustainable resource management through appropriate independent certification systems) h) use and management of dangerous substances i) major hazards assessment and management j) labor issues (including the four core labor standards), and occupational health and safety k) fire prevention and life safety l) socio-economic impacts m) land acquisition and involuntary resettlement n) impacts on affected communities, and disadvantaged or vulnerable groups o) impacts on indigenous peoples, and their unique cultural systems and values p) cumulative impacts of existing projects, the proposed project, and anticipated future projects q) consultation and participation of affected parties in the design, review and implementation of the project r) efficient production, delivery and use of energy s) pollution prevention and waste minimisation, pollution controls (liquid effluents and air emissions) and solid and chemical waste management Note: The above list is for illustrative purposes only. The Social and Environmental Assessment process of each project may or may not identify all issues noted above, or be relevant to every project. Exhibit III: IFC Performance Standards on Social and Environmental Sustainability As of April 30, 2006, the following list of IFC Performance Standards were applicable: Performance Standard 1: Social & Environmental Assessment & Management System Performance Standard 2: Labor and Working Conditions Performance Standard 3: Pollution Prevention and Abatement Performance Standard 4: Community Health, Safety and Security Performance Standard 5: Land Acquisition and Involuntary Resettlement Performance Standard 6: Bio diversity Conservation and Sustainable Natural Resource Management Performance Standard 7: Indigenous Peoples Performance Standard 8: Cultural Heritage Note: The IFC has developed a set of Guidance Notes to accompany each Performance Standard. While not formally adopting the Guidance Notes, EPFI's or borrowers may use the Guidance Notes as useful points of reference when seeking further guidance on or interpretation of the Performance Standards. The IFC Performance Standards, Guidance Notes and Industry Sector EHS Guidelines can be found at www.ifc.org/enviro Exhibit IV: Industry-Specific Environmental, Health and Safety (EHS) Guidelines EPFI's will utilize the appropriate environmental, health and safety (EHS) guidelines used by IFC which are now in place, and as may be amended from time-to-time. IFC is using two complementary sets of EHS Guidelines available at the IFC web site (www.ifc.org/enviro). These sets consist of all the environmental guidelines contained in Part III of the World Bank’s Pollution Prevention and Abatement Handbook (PPAH) which went into official use on July 1, 1998 and a series of environmental, health and safety guidelines published on the IFC web site between 1991 and 2003. Ultimately new guidelines, incorporating the concepts of cleaner production and environmental management systems, will be written to replace this series of industry sector, PPAH and IFC guidelines. Where no sector specific guideline exists for a particular project then the PPAH’s General Environmental Guidelines and the IFC Occupational Health and Safety Guidelines (2003) are applied, with modifications as necessary to suit the project.* The table below lists both the World Bank Guidelines and the IFC Guidelines as of March 1, 2006. Industry Specific EHS Guidelines | World Bank Guidelines (PPAH) IFC Guidelines Aluminum Manufacturing Airports: Base Metal and Iron Ore Mining Ceramic Tile Manufacturing Breweries Construction Materials Plants Cement Manufacturing Electric Power Transmission and Distribution Chlor-Alkali Plants Fish Processing Coal Mining and Production Food and Beverage Processing Coke Manufacturing Forestry Operations: Logging Copper Smelting Gas Terminal Systems Dairy Industry Geothermal Projects Dye Manufacturing Hazardous Materials Management Electronics Manufacturing Health Care Electroplating Industry Life & Fire Safety Foundries Occupational Health and Safety Fruit and Vegetable Processing Office Buildings General Environmental Guidelines Offshore Oil & Gas Glass Manufacturing Polychlorinated Biphenyls (PCBs) Industrial Estates Pesticide Handling and Application Iron and Steel Manufacturing Plantations Lead and Zinc Smelting Port and Harbor Facilities Meat Processing and Rendering Rail Transit Systems Mini Steel Mills Roads and Highways Mixed Fertilizer Plants Telecommunications Monitoring Tourism and Hospitality Development Nickel Smelting and Refining Waste Management Facilities Nitrogenous Fertilizer Plants Wastewater Reuse Oil and Gas Development (Onshore) Wildland Management Pesticides Formulation Wind Energy Conversion Systems Pesticides Manufacturing Wood Products Industries Petrochemicals Manufacturing Petroleum Refining Pharmaceutical Manufacturing Phosphate Fertilizer Plants Printing Industry Pulp and Paper Mills Sugar Manufacturing Tanning and Leather Finishing Textiles Industry Thermal Power Guidelines for New Plants Thermal Power Rehabilitation of Existing Plants Vegetable Oil Processing Wood Preserving Industry Call us at 1.828.216.5769 |
||||||
| Copyright © 2003-2009 The Power Point |