Equator Principles
Equator Principles
www.equator-principles.com
PREAMBLE
Project financing, a method of funding in which the lender looks primarily to the revenues
generated by a single project both as the source of repayment and as security for the
exposure, plays an important role in financing development throughout the world.1 Project
financiers may encounter social and environmental issues that are both complex and
challenging, particularly with respect to projects in the emerging markets.
The Equator Principles Financial Institutions (EPFIs) have consequently adopted these
Principles in order to ensure that the projects we finance are developed in a manner that is
socially responsible and reflect sound environmental management practices. By doing so,
negative impacts on project-affected ecosystems and communities should be avoided where
possible, and if these impacts are unavoidable, they should be reduced, mitigated and/or
compensated for appropriately. We believe that adoption of and adherence to these
Principles offers significant benefits to ourselves, our borrowers and local stakeholders
through our borrowers’ engagement with locally affected communities. We therefore
recognise that our role as financiers affords us opportunities to promote responsible
environmental stewardship and socially responsible development. As such, EPFIs will
consider reviewing these Principles from time-to-time based on implementation experience,
and in order to reflect ongoing learning and emerging good practice.
These Principles are intended to serve as a common baseline and framework for the
implementation by each EPFI of its own internal social and environmental policies,
procedures and standards related to its project financing activities. We will not provide loans
to projects where the borrower will not or is unable to comply with our respective social and
environmental policies and procedures that implement the Equator Principles.
1
Project finance is “a method of funding in which the lender looks primarily to the revenues generated by a single
project, both as the source of repayment and as security for the exposure. This type of financing is usually for large,
complex and expensive installations that might include, for example, power plants, chemical processing plants, mines,
transportation infrastructure, environment, and telecommunications infrastructure. Project finance may take the form of
financing of the construction of a new capital installation, or refinancing of an existing installation, with or without
improvements. In such transactions, the lender is usually paid solely or almost exclusively out of the money generated by
the contracts for the facility’s output, such as the electricity sold by a power plant. The borrower is usually an SPE (Special
Purpose Entity) that is not permitted to perform any function other than developing, owning, and operating the installation.
The consequence is that repayment depends primarily on the project’s cash flow and on the collateral value of the
project’s assets.” Source: Basel Committee on Banking Supervision, International Convergence of Capital Measurement
and Capital Standards ("Basel II"), November 2005. http://www.bis.org/publ/bcbs118.pdf.
1
July 2006
SCOPE
The Principles apply to all new project financings globally with total project capital costs of
US$10 million or more, and across all industry sectors. In addition, while the Principles are
not intended to be applied retroactively, we will apply them to all project financings covering
expansion or upgrade of an existing facility where changes in scale or scope may create
significant environmental and/or social impacts, or significantly change the nature or degree
of an existing impact.
The Principles also extend to project finance advisory activities. In these cases, EPFIs
commit to make the client aware of the content, application and benefits of applying the
Principles to the anticipated project, and request that the client communicate to the EPFI its
intention to adhere to the requirements of the Principles when subsequently seeking
financing.
STATEMENT OF PRINCIPLES
EPFIs will only provide loans to projects that conform to Principles 1-9 below:
The regulatory, permitting and public comment process requirements in High-Income OECD
Countries, as defined by the World Bank Development Indicators Database, generally meet
or exceed the requirements of the IFC Performance Standards (Exhibit III) and EHS
Guidelines (Exhibit IV). Consequently, to avoid duplication and streamline EPFI'
s review of
2
Social and Environmental Assessment is a process that determines the social and environmental impacts and risks
(including labour, health, and safety) of a proposed project in its area of influence. For the purposes of Equator Principles
compliance, this will be an adequate, accurate and objective evaluation and presentation of the issues, whether prepared
by the borrower, consultants or external experts. Depending on the nature and scale of the project, the assessment
document may comprise a full-scale social and environmental impact assessment, a limited or focused environmental or
social assessment (e.g. audit), or straight-forward application of environmental siting, pollution standards, design criteria,
or construction standards. One or more specialised studies may also need to be undertaken.
2
July 2006
these projects, successful completion of an Assessment (or its equivalent) process under
and in compliance with local or national law in High-Income OECD Countries is considered
to be an acceptable substitute for the IFC Performance Standards, EHS Guidelines and
further requirements as detailed in Principles 4, 5 and 6 below. For these projects, however,
the EPFI still categorises and reviews the project in accordance with Principles 1 and 2
above.
The Assessment process in both cases should address compliance with relevant host
country laws, regulations and permits that pertain to social and environmental matters.
For projects located in High-Income OECD countries, EPFIs may require development of an
Action Plan based on relevant permitting and regulatory requirements, and as defined by
host-country law.
3
The Action Plan may range from a brief description of routine mitigation measures to a series of documents (e.g.,
resettlement action plan, indigenous peoples plan, emergency preparedness and response plan, decommissioning plan,
etc). The level of detail and complexity of the Action Plan and the priority of the identified measures and actions will be
commensurate with the project’s potential impacts and risks. Consistent with Performance Standard 1, the internal Social
and Environmental Management System will incorporate the following elements: (i) Social and Environmental
Assessment; (ii) management program; (iii) organisational capacity; (iv) training; (v) community engagement; (vi)
monitoring; and (vii) reporting.
4
Affected communities are communities of the local population within the project’s area of influence who are likely to be
adversely affected by the project. Where such consultation needs to be undertaken in a structured manner, EPFIs may
require the preparation of a Public Consultation and Disclosure Plan (PCDP).
5
Consultation should be “free” (free of external manipulation, interference or coercion, and intimidation), “prior” (timely
disclosure of information) and “informed” (relevant, understandable and accessible information), and apply to the entire
project process and not to the early stages of the project alone. The borrower will tailor its consultation process to the
language preferences of the affected communities, their decision-making processes, and the needs of disadvantaged or
vulnerable groups. Consultation with Indigenous Peoples must conform to specific and detailed requirements as found in
Performance Standard 7. Furthermore, the special rights of Indigenous Peoples as recognised by host-country legislation
will need to be addressed.
3
July 2006
Principle 8: Covenants
An important strength of the Principles is the incorporation of covenants linked to
compliance. For Category A and B projects, the borrower will covenant in financing
documentation:
a) to comply with all relevant host country social and environmental laws, regulations and
permits in all material respects;
b) to comply with the AP (where applicable) during the construction and operation of the
project in all material respects;
c) to provide periodic reports in a format agreed with EPFIs (with the frequency of these
reports proportionate to the severity of impacts, or as required by law, but not less than
annually), prepared by in-house staff or third party experts, that i) document compliance with
the AP (where applicable), and ii) provide representation of compliance with relevant local,
state and host country social and environmental laws, regulations and permits; and
Where a borrower is not in compliance with its social and environmental covenants, EPFIs
will work with the borrower to bring it back into compliance to the extent feasible, and if the
borrower fails to re-establish compliance within an agreed grace period, EPFIs reserve the
right to exercise remedies, as they consider appropriate.
4
July 2006
Principle 9: Independent Monitoring and Reporting
To ensure ongoing monitoring and reporting over the life of the loan, EPFIs will, for all
Category A projects, and as appropriate, for Category B projects, require appointment of an
independent environmental and/or social expert, or require that the borrower retain qualified
and experienced external experts to verify its monitoring information which would be shared
with EPFIs.
DISCLAIMER
The adopting EPFIs view these Principles as a financial industry benchmark for developing
individual, internal social and environmental policies, procedures and practices. As with all
internal policies, these Principles do not create any rights in, or liability to, any person, public
or private. Institutions are adopting and implementing these Principles voluntarily and
independently, without reliance on or recourse to IFC or the World Bank.
6
Such reporting should at a minimum include the number of transactions screened by each EPFI, including the
categorisation accorded to transactions (and may include a breakdown by sector or region), and information regarding
implementation.
5
July 2006
Exhibit I: Categorisation of projects
As part of their review of a project’s expected social and environmental impacts, EPFIs use a
system of social and environmental categorisation, based on IFC’s environmental and social
screening criteria, to reflect the magnitude of impacts understood as a result of assessment.
These categories are:
6
July 2006
Exhibit II:
Illustrative list of potential social and environmental issues to be addressed in the
Social and Environmental Assessment documentation
In the context of the business of the project, the Assessment documentation will address,
where applicable, the following issues:
Note: The above list is for illustrative purposes only. The Social and Environmental
Assessment process of each project may or may not identify all issues noted above, or be
relevant to every project.
7
July 2006
Exhibit III: IFC Performance Standards on Social and Environmental Sustainability
As of April 30, 2006, the following list of IFC Performance Standards were applicable:
Note: The IFC has developed a set of Guidance Notes to accompany each Performance
Standard. While not formally adopting the Guidance Notes, EPFIs or borrowers may use the
Guidance Notes as useful points of reference when seeking further guidance on or
interpretation of the Performance Standards. The IFC Performance Standards, Guidance
Notes and Industry Sector EHS Guidelines can be found at www.ifc.org/enviro
8
July 2006
Exhibit IV: Industry-Specific Environmental, Health and Safety (EHS) Guidelines
EPFIs will utilise the appropriate environmental, health and safety (EHS) guidelines used by
IFC which are now in place, and as may be amended from time-to-time.
IFC is using two complementary sets of EHS Guidelines available at the IFC website
(www.ifc.org/enviro). These sets consist of all the environmental guidelines contained in Part
III of the World Bank’s Pollution Prevention and Abatement Handbook (PPAH) which went
into official use on July 1, 1998 and a series of environmental, health and safety guidelines
published on the IFC website between 1991 and 2003. Ultimately new guidelines,
incorporating the concepts of cleaner production and environmental management systems,
will be written to replace this series of industry sector, PPAH and IFC guidelines.
Where no sector specific guideline exists for a particular project then the PPAH’s General
Environmental Guidelines and the IFC Occupational Health and Safety Guidelines (2003) are
applied, with modifications as necessary to suit the project.*
The table below lists both the World Bank Guidelines and the IFC Guidelines as of March 1,
2006.
9
July 2006
29. Petrochemicals Manufacturing
30. Petroleum Refining
31. Pharmaceutical Manufacturing
32. Phosphate Fertilizer Plants
33. Printing Industry
34. Pulp and Paper Mills
35. Sugar Manufacturing
36. Tanning and Leather Finishing
37. Textiles Industry
38. Thermal Power Guidelines for New
Plants
39. Thermal Power Rehabilitation of Existing
Plants
40. Vegetable Oil Processing
41. Wood Preserving Industry
* Exception (the following are World Bank Guidelines not contained in the PPAH and
currently in use)
10