SURVEY ON MEMBERS' PROCEDURES AND PRACTICES REGARDING OFFICIALLY SUPPORTED EXPORT CREDITS AND THE ENVIRONMENT
[ECA Watch note: The latest responses to these questions (4 August 2006) is available in an 87 page PDF file on the OECD web site. To help analyse these responses, we provide just the questions here, unencumbered by the answers from 27 of the 29 OECD Member ECAs. Ireland and Mexico have apparently not responded to the questionnaire, likely because their ECA activities are minimal. ECA Watch hopes in the near future to review the adequacy of these questions in monitoring ECA compliance with the Common Approaches.]
At their 101st Meeting in April 2004, the ECG Members agreed that the survey questionnaire on their procedures and practices regarding the environmental review of officially support export credits should mirror more closely the provisions of the OECD Recommendation on Common Approaches on Export Credits and the Environment (hereinafter called 'the OECD Recommendation') adopted at the end of 2003. Subsequently, the ECG Members reached agreement at the end of 2004 to a strengthened questionnaire.
Accordingly, Annex 1 hereto comprises responses, from 27 of the 29 ECG Members 1, to the strengthened questionnaire and demonstrates their commitment to comply with the OECD Recommendation.
ANNEX 1 OECD MEMBERS' PROCEDURES AND PRACTICES: OFFICIALLY SUPPORTED EXPORT CREDITS AND THE ENVIRONMENT
REVISED QUESTIONNAIRE
1- UPDATE OF ENVIRONMENTAL GUIDELINES
1. New/Latest Environmental Guidelines
a) When was the last review/update of environmental guidelines conducted in your officially supported export credits system and what was the motivation for it (e.g. compliance with the OECD Recommendation, etc)?
1. Environmental Guidelines: modifications foreseen
b) Are there modifications foreseen in the near future (legislative review, etc.)?
2. Screening Process: steps
a) What are the steps involved in the screening process (e.g. pre-screening form, questionnaire, automatic screening system, further screening questionnaire, etc.)?
2. Screening Process: scope
b) What are the scope and criteria for screening? Please provide details if the parameters for screening deviate from those set out by the OECD Recommendation?
2. Screening Process: exemptions
c) Please provide details on any exemptions from screening (e.g. applications already assessed by other entities, etc.).
2. Screening Process: responsibilities
d) Who is responsible for screening the application (ECA - underwriter, environmental practitioner, Guardian Authority, other government department, environmental consultancy)?
2. Screening Process: short term business (optional)
e) In your screening procedures, is any short-term business addressed? If so, please describe how.
2. Screening Process: identification of projects
f) Do you identify and assess the projects to which the capital goods and services for which official credit support has been requested, relate? If so, under what circumstances?
3. Categories used when classifying projects
a) Does your classification system vary from that of the OECD Recommendation (i.e. Categories A, B and C)? If so, please provide details.
3. Classification of modifications/extensions to existing projects
b) How are modifications/extensions to existing projects classified?
3. Responsibilities for classification
c) Who is responsible for the classification of projects (underwriter, environmental practitioner)?
4- ENVIRONMENTAL REVIEW
4. Environmental Review: respective roles
a) Who is responsible for carrying out the EIA (e.g. exporter, sponsor) and for carrying out the review; please specify any particular practice followed in cases of re-insurance, co-insurance (including with IFIs), sub-deliveries?
4. Environmental Review: standards applied
b) Please provide details on the standards used for benchmarking purposes. Please indicate in what circumstances Members apply Regional Development banks standards (e.g. IADB, ADB, AfDB).
4. Environmental Review: site visits
c) Please specify in which cases it is requested that site visits be carried out.
5- DECISION ON OFFICIAL SUPPORT AND COMPLIANCE MEASURES
5. Decision: conditions to official support
a) How are conditions related to environment incorporated into the loan agreement prior to or after the decision on official support, e.g. do you use environmental covenants in your loans and/or guarantee contracts? Please provide details.
5. Decision: consideration to deny official support
b) Under what circumstances would you consider denying support in relation to the expected environmental performance of the project? Please provide details.
5. Monitoring and compliance : implementation of projects
c) What monitoring/compliance mechanisms do you apply throughout the implementation of the project, after decision of official support? (please provide details, such as monitoring frequency/period, content, reporting method)
5. Monitoring and compliance: accountability of your guideline
d) Do you have any mechanism to review and enforce the implementation of your environmental guidelines that are accountable to all your stakeholders, e.g. has an independent Unit/Ombudsman/Officer been established for this purpose? If so, please provide details.
6- EXCHANGE AND DISCLOSURE OF INFORMATION
6. Legal provisions on disclosure of information
a) What are the relevant legal bases for your disclosure policy? Do they preclude your responsible entity (ECA/sponsor/Ministry/..) from disclosure of environmental information; if so, please provide details on the following questions:
- do they preclude from disclosure prior to or after the decision on official support;
- please specify the reason for non-disclosure (e.g. commercial-in-confidence);
- if the reason for non-disclosure involves commercial-in-confidence, is your ECA legally precluded from requiring the client to provide the disclosure as a condition of receiving ECA support?
6. Publishing ECA environmental procedural guidance
b) Are your (ECAs) procedures for screening and reviewing the potential environmental impacts of projects in the public domain? If so, where can they be found?
6. Exchange of Information with other institutions
c) Procedures and experience in exchanging information with other ECAs/IFIs in situations of co-financing/competition (please provide details)
6. Disclosure of Information to the public : Ex-Ante
d) Disclosure procedures and practice: please provide details on the following questions:
- at what point in the environmental review process is environmental information disclosed to the public. Where information is disclosed prior to the decision on official support, please provide details;
- what is the scope and content of such information;
- who is responsible for disclosing such information (ECA/sponsor/Ministry...)
- Please specify the media used for disclosure, e.g. Web site, information center, etc.;
- disclosure period (i.e. how many days prior to Final Commitment?);
- are there any circumstances in which environmental information relating to Category A projects in connection with ECA facilities of more than SDR 10 million is not disclosed prior to commitment? If so, please provide details.
6. Disclosure of Information to the public : Ex-Post
e) Disclosure procedures and practice: please provide details on the following questions:
- how often does your responsible entity make available to the public ex-post information on projects classified in Categories A and B;
- what is the scope and content of such information;
- who is responsible for disclosing such information (ECA/sponsor/Ministry...)
- please specify the media used for disclosure, e.g. Web site, information center, etc.;
- disclosure period.
7- COSTS
7. Costs: detail
a) What additional costs have resulted from the implementation of environmental guidelines; please provide details on such costs, e.g. additional staff, review of EIAs, staff training, site visits, etc.?
7. Cost-sharing
b) What costs are shared during the due diligence process and after the financing agreement has been concluded?
8- OTHER COMMENTS
8. Any Additional Comments