* 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
On 18 September 2014, the Environmental Action Alliance lodged a complaint with the EIB Complaints Mechanism (EIB-CM) concerning EIB financing in the Renewable Energy sector in Ireland. In his complaint, the complainant alleged that Ireland’s National Renewable Energy Plan (NREAP) has never been subject to a legally required process of Strategic Environmental Assessment (SEA) prior to its adoption. Therefore, the complainant took the view that the NREAP had been adopted in breach of EU national law and in breach of the Aarhus Convention. As a result of the alleged lack of SEA on the NREAP, the complainant considered that by financing projects in the renewable energy sector in Ireland, the EIB is in breach of the EU environmental law and its own standards. The complainant also alleged that the EIB had not carried out a proper assessment of the NREAP and he therefore took the view that the EIB does not conduct proper assessment, in line with the EIB social and environmental handbook and EIB requirements, of projects financed in this sector.
EIB-CM Action
The EIB-CM has carried out a review of the complainant’s allegations, has examined all relevant documentation and has held internal consultation meetings with the relevant EIB services. The EIB-CM reviewed the process of the EIB project appraisal and the environmental due diligence standards applied on renewable energy projects in Ireland. In addition, the EIB-CM reviewed the complaints concerning compliance of NREAP and in relation with a SEA that had been brought by the complainant and other parties to other EU/international bodies (European Commission, Aarhus Convention Compliance Committee and the European Ombudsman).
Conclusions and Recommendations
In light of the findings and based on the information available, the EIB-CM concludes that the complainant’s allegations in relation to the EIB financing in the Renewable Energy Sector are not grounded. However, taking nto consideration the information provided by the complainant regarding the ongoing court proceedings at the national level concerning the legitimacy of the NREAP, the EIB-CM recommends the EIB services to follow-up on the developments of the national court proceedings with the European Commission and the competent national authorities with a view to assessing possible impacts, if any, of eventual court decisions on the EIB operations in the sector.