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    Reference: SG/A/2016/01
    Received Date: 28 December 2015
    Subject: ETAP South Tunisian Gas
    Complainant: CEE Bankwatch Network
    Allegations: Failure of the EIB to provide access to documents related to the project
    Type: A - Access to Information
    Suggestions for improvement: no
    Admissibility*
    Assessment*
    Investigation*
    Dispute Resolution*
    Consultation*
    Closed*
    5/01/2016
    1/04/2016
    28/04/2016
    30/07/2018

    * 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 28 December 2015, CEE Bankwatch Network lodged a complaint concerning the EIB’s decision to refuse full disclosure of the Results Measurement Framework ("ReM") of the ETAP South Tunisian Gas project (the "Project"). The Complainant alleged that the EIB’s decision amounted to an instance of maladministration and claimed that the Bank should (i) disclose the full ReM of the Project and (ii) establish a general practice of publishing ReMs following signature of the loan agreements.

    EIB-CM Action

    The EIB-CM launched an inquiry into the case. Based on its inquiry, it appears that the ReM falls outside the scope of the Bank’s "administrative tasks". Furthermore, the information which the EIB did not disclose concerned commercially sensitive information communicated pursuant to the confidentiality agreement between the Bank and the Promoter.

    The inquiry showed that environmental information concerning the technical capacity of the gas transmission pipeline was considered as confidential and was not disclosed, despite the fact that the Project’s EIA, published on the Bank’s website in September 2014, contained the same information. As the Project EIA had already conveyed the requested environmental information to the Complainant, prior to her application to access the ReM, the EIB-CM considers that no further action is needed by the Bank.

    Conclusions and Recommendations

    The EIB-CM concluded that the Bank complied with the EIB Transparency Policy and the applicable EU acquis when it granted partial access to the ReM. As a result of the EIB-CM’s inquiry, the relevant EIB services followed up the statement, made in the EIB’s reply to the confirmatory application, about the possibility to disclose some of the redacted information, as well as data on fiscal revenues reported to the Bank, at a later stage of the Project’s implementation. While observing that the Project had not started commercial operation at the time of this Conclusions Report, the Bank agreed to disclose the available information on fiscal revenues as part of its reply to the present complaint. The Bank also indicated the possibility to disclose information on annual fiscal payments upon a request submitted by the Complainant, when this information is available and in line with the EIB Transparency Policy.

    With regard to the claim that the Bank shall publish ReMs upon signature of all finance contracts, the EIB-CM notes that the ELM Decisions do not set specific rules of pro-active transparency applying to the ReMs. The EIB-CM observes that although some parts of the ReMs may contain environmental information subject to the obligation to disclose upon request, upon signature of finance contract ReMs do not contain environmental information falling under the obligation of proactive transparency, as claimed by the Complainant. Furthermore, and particularly in the case of private sector counterparts, ReMs may contain commercially sensitive information, which should be thoroughly assessed on a case-by-case basis, with a view to protecting the legitimate economic interests of the Bank’s counterparts.

    Project Information