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    Reference: SG/E/2011/18
    Received Date: 03 January 2012
    Subject: Terminal Contenedores Cadiz
    Complainant: Confidential
    Allegations: Alleged negative environmental impact of the project
    Type: E - Environmental and social impacts of financed projects
    Outcome*: No grounds
    Recommendations: no
    Admissibility*
    Assessment*
    Investigation*
    Dispute Resolution*
    Consultation*
    Closed*
    3/01/2012
    9/02/2012
    3/08/2012
    20/09/2012
    12/10/2012

    * 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 January 2012 the EIB Complaints Mechanism (EIB-CM) received a letter alleging negative environmental and social impacts of the New Container Terminal project in Cadiz which is fully financed by the EU funds, i.e. 50% by the EIB and the remainder by the European Regional Development Fund (ERDF or FEDER) facility of the European Commission (EC). In particular, the complainants raised concerns over the selection process regarding alternatives for the location of the project.

    EIB-CM Action

    The EIB-CM has performed its compliance review.

    Conclusions

    The EIB-CM concluded that the project does not contradict the EIB’s core criteria nor is blatantly detrimental to the regional development of Cadiz as claimed by the complainant. Appropriate studies were conducted regarding the environmental impacts, including public consultation and review of alternatives, upon which the competent authorities based their subsequent approval of the Environmental Impact Assessment and the environmental permit. Moreover, the EIB-CM reviewed the due diligence of the EIB services regarding the environmental approval process and concluded that there was no maladministration by the EIB whilst appraising and approving the project.

    Regarding the complaint lodged by the complainant with the EC, the EIB-CM liaised with the latter and takes note that to date the EC inquiry is not finalised. Moreover, after reviewing the content of the complaint to the EC, the EIB-CM considers that it has no bearing on the due diligence of the EIB and, therefore, cannot form an opinion on the matter.

    Project Information