FI N° 88092
Serapis N° 2016-0848
ENEL GREEN POWER PERU
Finance Contract
between the
European Investment Bank
and
Enel Green Power Perú, S.A.
At Rome, this November 29th 2017
At Luxembourg, this 29th of November 2017
[…]
WHEREAS:
[…]
(10) The Bank considers that access to information plays an essential role in the reduction of
environmental and social risks, including human rights violations, linked to the projects it
finances and has therefore established its Transparency policy, the purpose of which is to
enhance the accountability of the EIB Group towards its stakeholders.
[…]
NOW THEREFORE it is hereby agreed as follows:
INTERPRETATION AND DEFINITIONS
[…]
(b) Definitions
In this Contract:
[…]
"
EIB Environmental and Social Handbook" means the manual that provides an operational
translation of the policies and principles contained in the EIB Statement of Environmental and
Social Principles and Standards and that is published on the Bank’s website at
http://www.eib.org/infocentre/publications/all/environmental-and-social-practices-
handbook.htm.
“
EIB Statement of Environmental and Social Principles and Standards” means the
statement published on EIB’s website1 that outlines the standards that the Bank requires of the
projects that it finances and the responsibilities of the various parties.
[…]
“
Environment” means the following, in so far as they affect human health and social wel -being:
(a)
fauna and flora;
(b)
soil, water, air, climate and the landscape;
(c)
cultural heritage; and
(d)
the built environment.
“
Environmental or Social Approval” means any permit, licence, authorisation, consent or
other approval required by an Environmental Law or a Social Law in connection with the
construction or operation of the Project.
“
Environmental and Social Documents” means:
(a)
the Environmental and Social Impact Assessment Studies for Wayra and Rubi;
(b)
the Non-Technical Summaries for Wayra and Rubi;
(c)
the Environmental and Social Mitigation and Management Plans for Wayra and Rubi;
(d)
the Stakeholder Engagement Plans (
Plan de relacionamiento con los grupos de interés)
for Wayra and Rubi;
(e)
the Integrated Water Management Scheme for Rubi (
Informe Esquema de uso de agua
en la Planta Fotovoltaica Rubi); and
(f)
the Land Acquisition and Resettlement Action Plan for Rubi (
Plan de liberación y
adquisición de tierras para la Planta Fotovoltaica Rubi).
1 http://www.eib.org/attachments/strategies/eib_statement_esps_en.pdf
2
“
Environmental and Social Impact Assessment Study" means the written report resulting
from the environmental and social impact assessment (ESIA) process, which identifies and
assesses the potential environmental and social impacts associated with the proposed project
and recommends measures to avoid, minimise and/or remedy any impacts. This study is subject
to public consultation with direct and indirect project stakeholders and is summarised in a Non-
Technical Summary.
“
Environmental and Social Mitigation and Management Plans” means the environmental
and social mitigation and management plans for the Project (including interconnections to the
grid: substations and transmission lines), containing
inter alia the labour, occupational and
community health, safety and security standards and measures applicable during the
construction and operational phases. For Wayra wind farm, the Environmental and Social
Mitigation and Management Plan shall provide a detailed flora and fauna monitoring plan
(including a detailed “Birds Monitoring Plan”) for the operational phase.
“
Environmental and Social Standards” means:
(a)
Environmental Laws and Social Laws applicable to the Project or the Borrower;
(b)
the EIB Statement of Environmental and Social Principles and Standards;
(c)
the EIB Environmental and Social Standards, as set out in Volume I of the EIB
Environmental and Social Handbook; and
(d)
the Environmental and Social Documents.
“
Environmental or Social Claim” means any claim, proceeding, formal notice or investigation
by any person in respect of the Environment or Social Matters affecting the Project including
any breach or alleged breach of any Environmental and Social Standard.
“
Environmental Law” means:
(a)
Peru’s national laws and regulations; and
(b)
international treaties and conventions signed and ratified by or otherwise applicable and
binding on, Peru.
of which a principal objective is the preservation, protection or improvement of the Environment.
[…]“
Social Law” means each of:
(a)
any law, rule or regulation applicable in Peru relating to Social Matters;
(b)
any ILO Standards; and
(c)
any United Nations treaty, convention or covenant on human rights signed and ratified by
or otherwise applicable and binding on Peru.
“
Social Matters” means all, or any of, the following: (i) labour and employment conditions, (ii)
occupational health and safety, (iii) protection and empowerment of rights and interests of
indigenous peoples, ethnic minorities and vulnerable groups, (iv) cultural heritage (tangible and
intangible), (v) public health, safety and security, (vi) involuntary physical resettlement and/or
economic displacement and loss of livelihood of persons, and (vii) public participation and
stakeholder engagement.
[…]
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ARTICLE 1
Credit and Disbursements
[…]
1.04
Conditions of disbursement
1.04A
First Tranche
The disbursement of the first Tranche under Article 1.02 is conditional upon receipt by the
Bank, in form and substance satisfactory to it, on or before the date falling 7 (seven) Business
Days before the Scheduled Disbursement Date, of the following documents or evidence:
[…]
(i)
copy of the final Environmental and Social Documents;
[…]
ARTICLE 6
Borrower undertakings and representations
The undertakings in this Article 6 remain in force from the date of this Contract for so long as
any amount is outstanding under this Contract or the Credit is in force.
A. Project undertakings
[…]
6.05
Continuing Project undertakings
The Borrower shall:
[…]
(e)
Environment and Social:
(i)
implement and operate the Project in compliance with Environmental and Social
Standards; and
(ii)
obtain, maintain and comply with requisite Environmental or Social Approvals
for the Project; and
[…]
6.13
General Representations and Warranties
The Borrower represents and warrants to the Bank that:
[…]
(l)
it is in compliance with Article 6.05(e) and to the best of its knowledge and belief
(having made due and careful enquiry) no material Environmental or Social Claim has
been commenced or is threatened against it;
[…]
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ARTICLE 8
Information and Visits
8.01
Information concerning the Project
The Borrower shall:
(a)
deliver to the Bank:
[…]
(ii)
any such information or further document concerning the financing,
procurement, implementation, operation of the Project and related
environmental or social matters as the Bank may reasonably require within a
reasonable time; and
[…]
(c)
promptly inform the Bank of:
(i)
any action or protest initiated or any objection raised by any third party or any
genuine complaint received by the Borrower or any Environmental or Social
Claim that is to its knowledge commenced, pending or threatened against it;
and
[…]
(iii)
any non-compliance by it with any Environmental and Social Standard;
(iv)
any suspension, revocation or modification of any Environmental or Social
Approval;
[…]
A.2 Information Duties under Article 8.01(a)
1. Dispatch of information: designation of the person responsible
[…]
-
Environmental and Social:
a. Description of any major issue with impact on the environment or social matters.
b. Have there been any severe accidents?
c. Report on environmental and social monitoring activities carried out during
implementation (construction and operation) as foreseen by the ESMMP and/or permits,
as applicable. In particular, report in line with the flora and fauna monitoring plan
(including a detailed “Birds Monitoring Plan”) for the operational phase.
d. Have there been any environmental or social complaints/grievances? Explain the status
and how they were/are being resolved (if applicable).
e. Any outstanding environmental or social risks or activities.
[…]
Project Progress Report (solar PV plant):
[…]
- Environmental and Social:
5
a.
Description of any major issue with impact on the environment or social matters.
b.
Have there been any severe accidents?
c.
Report on environmental and social monitoring activities carried out during
implementation (construction and operation) as foreseen by the ESMMP, Land Acquisition
and/or permits, as applicable.
d.
Have there been any environmental or social complaints/grievances? Explain the
status and how they were/are being resolved (if applicable).
e.
Any outstanding environmental or social risks or activities.
[…]
5. Environmental and social impacts
a. Description of any major issue with impact on the environment or social matters.
b. Have there been any severe accidents?
c. Report on environmental and social monitoring activities carried out during
implementation (construction and operation) as foreseen by the ESMPs, Land
Acquisition Plan and/or permits, as applicable.
d. Have there been any environmental or social complaints/grievances? Explain the status
and how they were/are being resolved (if applicable).
e. Any outstanding environmental or social risks or activities.
[…]
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