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    Reference: SG/E/2015/07
    Received Date: 20 May 2015
    Subject: A4 Motorway Zgorzelec - Krzyowa
    Complainant:

    Confidential

    Allegations: Negative social impact and non-compliance with national applicable law
    Type: E - Environmental and social impacts of financed projects
    Outcome*: No grounds
    Suggestions for improvement: no
    Admissibility*
    Assessment*
    Investigation*
    Dispute Resolution*
    Consultation*
    Closed*
    20/05/2015
    7/08/2015
    20/10/2016
    17/11/2016
    16/12/2016

    * 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 13 May 2015, the EIB Complaints Mechanism (EIB-CM) received a complaint concerning the A4 motorway project in Poland. The complainant alleged:

    1) Breach of national law and breach of EU environmental law during the project implementation

    • Lack of the necessary construction permits and alleged revocation of development consent for 6.5 km of the motorway
    • Poland’s breach of EU environmental law. In particular, breach of Council Directive 85/337/EEC and Council Directive 92/43/EEC (EIA directive)

    2) Unsuitable access from plot A to plot B and vice versa.

    EIB-CM Action

    The EIB-CM carried out a review of the complainant’s allegations, examined all relevant project documentation and held internal consultation meetings with the relevant EIB services. The EIB-CM reviewed the process of the EIB’s project appraisal and due diligence. In addition, the EIB-CM requested further clarifications from General Directorate for National Roads (GDDKiA), the project promoter.

    Conclusions and Recommendations

    In light of the raised allegations, the EIB-CM assessment and the reported findings, the complainant’s allegations were found ungrounded in relation to the first allegation. With regard to the second allegation, the EIB-CM takes the view that the complainant had been provided with a proportionate solution by the project promoter.  The EIB-CM concludes that the project had followed the EIB’s applicable standards and procedures when conducting its appraisal and due diligence. The EIB-CM takes the view that no further investigations are required regarding the raised allegations. Therefore, the EIB-CM proceeds with the closing of the file with no recommendation.

    Project Information