* Admissibility date reflects the date the case was officially registered. All other dates pertain to the date in which a stage was completed.
Case Description
Complaint
In 2015, the European Investment Bank Complaints Mechanism Division (EIB-CM) received a complaint from Stowarzyszenie Pracownia na rzecz Wszystkich Istot and Bankwatch, civil society organisations addressing environmental issues. The complaint concerned an approximately 7 km long section of the S7 Expressway between the town of Skarżysko-Kamienna and the Masovian Voivodeship border in Poland.
The complainant alleged that the EIB failed to correctly assess:
1. The project’s environmental impact, namely:
a. Impact on habitats and species located within and outside the “Lasy Skarżyskie” Natura 2000 area (e.g. impact on protected butterfly species’ habitats).
b. Lack of assessment of the cumulative impacts of the project.
c. Insufficient assessment of alternatives.
d. Lack of a wildlife crossing for large animals and inadequate place for the planned wildlife crossing for medium-sized animals.
2. The validity of the project’s environmental authorisation.
EIB-CM Action
In 2017, the EIB-CM prepared the Initial Assessment Report. In the report, the EIB-CM suggested to the EIB a number of things, including to continue the dialogue with the promoter with the aim of not disbursing funding allocated to the project before the EU Pilot and any related court proceedings are completed, all within the framework of the financial contract.
In 2019, the EIB-CM prepared the Conclusions Report and closed the case.
Conclusion and Recommendation
The reviewed evidence showed that in the past, the project experienced certain issues in compliance with the project applicable standards, which have since been resolved. The environmental authorisations were gradually updated to address the noted issues.
The reviewed evidence showed that the allegation is ungrounded with respect to the role of the EIB. During appraisal, the EIB checked compliance of the project with the relevant project applicable standards. The EIB made disbursements for the project conditional on receiving a copy of a valid environmental authorisation. The EIB agreed with the promoter to put the disbursement of the loan for the project on hold until further notice. The EIB monitored the outcome of the relevant project-related developments.
The EIB-CM did not make any specific recommendations in this respect and considered the case closed.