Equator Principles – largest ever Annual Meeting & EPIII Update

November 7, 2011

The Equator Principles (EP) Association held its largest ever Annual Meeting on 24 October 2011 in Washington DC, with 98 persons from 52 institutions in attendance.

Equator Principles Financial Institutions and Associates discussed and debated numerous important topics related to the EP III Update process.

Members heard proposals from Task Forces and Working Groups, who have been working on key thematic areas arising out the EP Strategic Review, including:

  • scope;
  • climate change;
  • reporting and transparency; and
  • further proposals on how to integrate the new IFC Performance Standards language on social risks, stakeholder engagement and human rights into EP III.

Feedback from members during the meeting will be taken on board and EP Association members will be consulted further as the draft EP III is produced. The EP Association is now aiming to have the draft EP III available for formal stakeholder comment and review in early 2012.


Start of the Equator Principles III Update Process

August 18, 2011

On the 18th July 2011 the EP Association announced the Commencement of the EP III Update Process:

Following the conclusion of the IFC Performance Standards Update and Review process, the Equator Principles (EP) Strategic Review process, the EP Association has initiated internal discussions on key thematic areas including:

  • Scope of the EPs.
  • Reporting and transparency.
  • Governance issues, including membership criteria.
  • Stakeholder engagement during the EP III Update process (including industry and clients, peer financial institutions, and civil society organisations).

The target date for the finalisation and launch of the EP III framework is March 2012.


New Environmental Impact Assessment Regulations 2011

August 18, 2011

On 24 August the Environmental Impact Assessment Regulations 2011 (which replace the EIA Regulations 1999) will come into effect.

 

The main changes in the new Regulations:

1. They are consolidated Regulations so from 24th August practitioners will only need to refer to this one set of Regulations for planning related EIA in England rather than having to be aware of the 1999 Regulatory requirements and how they are changed by the numerous amendments that were made since that time.

2. Schedule 1 and 2 have had new project types added related to carbon capture facilities, transportation pipelines and geological storage – this addition implements the changes to the EIA Directive through Directive 2009/31/EC into the English planning system.

3. Schedule 2(13) ‘Change or Extensions’ to schedule 1 and 2 development has been updated to take account of the Baker ruling.

4. Three additional Regulations have been added to provide Local Planning Authorities with greater clarity on the screening process, especially around ‘subsequent applications’ – see: Regulations 7, 8, 9

5. As a consequence of the three new screening Regulations you should be aware that Regulation 19 requests will, from 24th August be known as Regulation 22 requests.

6. A ‘third party right of challenge’ has been added (made more clear) in terms of screening. Regulation 4(8) allows an interested party (i.e. not just the developer / applicant) request that the Secretary of State make a screening direction where they disagree with a local planning authority’s screening opinion.

7. Further to the above, all LPA screening opinions (including those that indicate EIA is not required) must now have reasons (justification) behind the authority’s decision Regulation 4(7)(a), which must be made available as part of the public record – Regulation 23(1)(h).

8. The definition of ‘consultation bodies’ is amended and has added the Marine Management Organisation, under certain circumstances – Regulation 2.


New Governance Rules Introduced For The Equator Principles

November 10, 2010

In July 2010 the Equator Principles website announced that ‘The Equator Principles (EPs), the leading voluntary standard for managing social and environmental risk in project financing, will formally adopt new Governance Rules from 1 July 2010, the result of several years’ intensive work by the Equator Principles Financial Institutions (EPFIs). The Governance Rules (“the Rules”), that form the basis of the newly created Equator Principles Association, have been established to confirm the purpose, operation and management structure of the Equator Principles. The Rules formalize existing practices and procedures, increase the transparency of the Association, and will ensure that EPFIs meet their responsibilities such as public reporting on EP implementation’.

Shawn Miller, Chair of the EPFI Steering Committee and Citi’s Environmental and Social Risk Management (ESRM) Director said: “The Equator Principles have had deep and lasting positive impact on the global financial services sector: the Principles are now one of the most successful voluntary environmental and social risk diligence frameworks in the sector, with the number of adopting institutions growing every year since their launch in 2003. The Rules significantly strengthen the Equator Principles, and the new governance framework ensures that there are effective decision making procedures for the enlarged group of adopting institutions. The Rules will make us more efficient as we continue to grow, and members will be held accountable to them. We believe that the Rules are an important step forward in a broader strengthening of the Association’s governance and EP implementation.”


Incorporating Environmental and Social considerations into Loan Documentation – New Guidance for Equator Principles Financial Institutions

August 14, 2009

A new guidance document ‘Guidance on incorporating environmental and social considerations into project finance loan documentation” has been released which can be expected to provide Equator Principles Financial Institutions with valuable advice on how to ensure the Equator Principles are applied to the projects they finance.

The loan documentation is a key document for ensuring the project sponsor applies the Equator Principles beyond the signing of the loan agreement, right through the construction and operation, and where appropriate the decommissioning, phases of the project. 

Failure to comply with the loan covenants may prevent or delay the project sponsor being able to drawdown on the loan, or even an event of default whereby, the lenders are entitles to cancel the loan, and all monies lend are immediately payable by the borrower.


New Climate Principles for Financial Institutions

December 30, 2008

On the 4th December 2008, five leading financial institutions signed up to the Climate Principles, new guidelines developed to deal with the risks and opportunities posed by climate change.

The initial take-up was not as wide as hoped, possibly due to the financial crisis. However, Banks Crédit Agricole, HSBC, Standard Chartered, and reinsurers Swiss Re and Munich Re in signing up to what the Climate Group describes as “the first comprehensive industry framework” to address climate change.

The Climate Principles address the management of operational greenhouse gas (GHG) emissions. More importantly, they provide strategic direction on managing climate change across the full range of financial products and services, including: research activities; asset management; retail banking; insurance & re-insurance; corporate banking; investment banking & markets; project finance.


New EBRD Performance Requirements

September 22, 2008

The European Bank for Reconstruction and Development (EBRD) new environmental and social policy was approved on 12 May 2008.

The policy has more explicit social provisions. In some areas, the EBRD’s requirements exceed IFC’s requirements. This includes EBRD’s reference to obtain a “consent” where operations are located in areas with indigenous populations. Reflecting its membership, EBRD also refers to a number of European provisions related to the Aarhus Convention on Public Participation and the EU EIA Directive.


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