Robert Adamczyk Environment Department European Bank for Reconstruction and Development

1. Environmental Issues and the Financial SectorAMCHAM Environment CommitteeWorkshopWarsaw, 17 November 2005 Robert Adamczyk Environment Department European Bank for Reconstruction and Development

2. Presentation Structure • Introduction • EBRD • Funding sources; • EU • Commercial Banks • What makes a bankable project • Do environmental issues affect investment decisions • Equator Principles • What is it • Has it any impact • Conclusion

3. What is the EBRD ? • An investment Bank with Public Shareholders: • Owned by 62 countries and international shareholders (EU, EIB) • AAA rated international financial institution founded in 1991 • 1000 staff • Mandate: facilitate the transition to market economies • Capital base of €20 billion and Business Volume of € 24.1 billion to date. Approx € 4 billion/yr: • Largest single investor in CEE and FSU, • 75% debt / 25% equity • 72% private sector/privatisation projects • Co-financing levers € 2.5 for every € 1 the bank invests • Over € 1 billion in TC funds to manage. • Managing Nuclear Decommissioning Funds

4. Bank’s Founding Agreement commits the Bank to: “... promote, in the full range of its activities, environmentally sound and sustainable development.”

5. EBRD • Sound banking principles • Additionality • Will another bank invest? • EBRD will not compete with commercial Banks • Transition impact • Compliance with Environmental Policy

6. Project Appraisal - Due Diligence • Financial Approval • Legal Appraisal • Technical appraisal • Environmental appraisal • Environmental Due Diligence, a tool for decision-making

7. Project Appraisal • Banks and financial institutions: • are (financially) risk averse • Must continually react to the financial risks posed by laws and guidelines such as environmental laws affecting clients and both theirs and the banks credit ratings • Must see to act within the best interest of the communities they serve • Must return a profit to their shareholders • The main fears of FI are costs and risks. Financial forecasting and making financial risks transparent are necessary for any loan or investment request

8. EBRD in Poland • Over EUR 3 bln committed • Ongoing involvement: • PKN Orlen/Basell project • PAK – Power Plant • BISE • New Projects: • BOT – Power Plant • Bydgoszcz Water Project • Dalkia • +

9. EBRD in Poland Financial Intermediaries: • Banks: BGZ, Pekao SA, BISE • SME Facilities; ING, PKO BP, Raifaissen,Fortis, BZ WBK etc. • Leasing Companies: Bankowy Fundusz Leasingowy; SG Equipment Leasing • Funds: Enterprise Investors, Innova Capital, Novum,

10. Source of Funding Poland

11. Outline • Investment needs in Poland and sources of funding • Impact of Environmental issues on financing • Direct • Indirect • Case Studies

12. Investment needs in Poland • Infrastructure: • Roads, • Railways • Airports • Private sector; • Power • Service sector • Industry (new and old) • other

13. Sources of Funding in Poland • European Union • ISPA now EU Structural and Cohesion Funds • European Investment Bank (EIB). Over € 4 bln of loans since 2001 • Commercial Banks, • Since 2001, 31 loans with a total € 6.5 bln. • Venture Capital and Equity Investors • IFI (IFC, World Bank, EBRD etc). • EBRD – approx EUR 3 bln in Poland • Domestic Funds – NFOS etc • Future of NFOS?

14. Environment and investment decisions • Investors and funding agencies whether private or public will look into environmental issues as part of project appraisals. • Different drivers for: • Public Funding Bodies • EU standards, public participation (EIA, Natura 2000 etc.) • Private Investment, • Risk and liability (contaminated land, EU ETS)

15. Risk issues for Financial Institutions • Corporate Loans • Working Capital • Project Finance • Equity Investment • Guarantees • Portfolio management

16. Internationally driven changes • New IFRS standards • applicable to all publicly quoted companies in EU • e.g. IAS 37 clear investigation of provisions and liabilities • EU Modernization and Prospectus Directives • Additional national requirements, such as UK OFR system • Emission Trading (EU ETS) – • new reporting and accounting requirements could affect P&L account • opportunities for financial institutions • Increased pressure on disclosure and reporting

17. Energy Sector • Second Sulphur Protocol • Poland implements KDT (long term electricity contracts) • Environmental Policy resulting in KDT • Impact on business decisions and government policy • EU Accession Treaty – SO2 emission limits • 60% reduction of SO2 by 2012, • more demanding than LCP • Major investment in the Power Sector • Compliance issue • Value of privatised assets

18. EU Funding • Indirect risk to financing projects for instance due to poor transposition of EU Acquis. • E.g. Inappropriate transposition and implementation of EU EIA Directive in Poland: “Komisja Europejska nie przekaze Polsce 1,5 mld EUR z Funduszu Spójnosci, jesli nie otrzyma raportów na temat oddziaływania na środowisko planowanych inwestycji………….Chociaz KE zaakceptowała już w ubiegłym roku 22 projekty inwestycji miejskich, na które miała przekazać ponad 0,5 mld EUR, na razie tylko Kalisz dostanie pieniadze…”. (Rzeczpospolita, Marzec 2005).

19. EBRD examples • A loan to an electronic goods manufacturer in the Czech Republic. Security package included pledge on land. The client went bankrupt and EBRD became the owner of the land, which turned out to be contaminated. The contamination was not properly assessed at the due diligence stage. The National Property Fund requested that the land should be cleaned up. The cost of the clean up exceeded the value of the land and as a result the Bank made loss.

20. EBRD examples • Equity investment in a white goods manufacturing in country X. Due diligence did not identify soil and groundwater contamination. When a strategic investor wanted to buy the company several years later, they brought their own consultants who detected the contamination and the investor asked for a significant reduction of the selling price. As a result the Bank made a loss selling below the level of the original investment.

21. Equator Principles

22. Equator Principles • A major step forward for the banking industry • A voluntary, private-sector initiative • Based on IFC environmental and social policies and guidelines

23. Why did they do it? • Increased awareness of the risks • Financial loss • Reputation damage • Shareholder activism • No longer someone else’s problem • Demonstrate leadership and sound environmental management practices and social responsibility • Could not do it alone • Level the playing field • Need a common framework and baseline

24. The New Industry Standard • 36 Financial institutions are involved, including: • ABN AMRO, Barclays, Citigroup, Credit Lyonnais, CSFB, HVB Group, Calyon, Rabobank, Royal Bank of Scotland, West LB, Westpac; ING, Royal Bank of Canada, MCC of Italy, Dresdner, HSBC, Dexia, Standard Chartered, CIBC, KBC, Bank of America, EKF, BBVA, Unibanco, JPMorgan, Mizuho Corporate Bank, Banco do Brasil, • Equator banks arrange over 80% of global project finance market

25. Application • Project finance • Total capital cost of $50 million or more • All industries • Environmental risk categorization & industry standards apply globally.

26. Equator Principles • A framework for assessing environmental and social risk in projects including: • A set of baseline policy requirements • A set of quantitative environmental guidelines • Some process steps which ensure appropriate application within the context of the project

27. Equator Principles Screen the level of environmental and social risk in each project and assign a risk category A (highest), B or C (lowest) For category A and B projects, borrower completes an Environmental Assessment (EA) EBRD Difference in EBRD Screening: A – Annex 1 EU EIA Directive – need for EIA Equator A level projects would fall under EBRD A level category B level projects require Environmental Analysis All Project screened either O or 1 1 - Environmental Audit Screening

28. Environmental Management Plan • Borrower prepares an Environmental Management Plan for all A’s (and for B’s as appropriate) • Draws on conclusions of the EA • Addresses mitigation and monitoring • For A’s, the EA and EMP subject toindependent expert review • EBRD use of EAP and ESAP • Environmental Action Plans

29. Consultation • The borrower consults with affected groups for all A’s (and for B’s as appropriate): • Includes indigenous peoples and local NGOs • EA or summary to be made available by the borrower to the public for a reasonable period EBRD – consultation period defined • 60 and 120 days (private/public)

30. Covenants Borrower covenants to: • Comply with EMP • Provide regular reports on compliance with the EMP • Where borrower is not in compliance with EMP, banks will work with the borrower to come back into compliance • May default the loan

31. The Benefits • Provides a global standard for project finance • Saves borrowers time and money • Identifies and manages risks up-front • Raises global environmental and social performance • Reduces “loan-shopping” based on environmental and social criteria • Expedites consensus-reaching among banks in large loan syndications

32. Summary and Conclusion

33. Summary • Environmental, social and corporate governance issues are increasingly unavoidable • Many companies are not aware of the risks and opportunities • Managers are often ill equipped to deal with the new challenges

34. Summary • Public attitudes shifting on social and environmental issues • Strong anti-globalization, anti-privatization sentiments • Impact of corporate governance scandals • NGO networks more sophisticated

35. Summary • Reputation risk is complex and not easy to manage • How do you value reputation • Not easy to predict • New issues emerge continuously • Labor issues (ILO), Human Rights, Reporting • Ability to respond quickly and credibly key to managing these risks • Affects all sectors and investments

36. Summary • Implementation of EBRD environmental procedures and Policy ensures compliance with Equator Principles • Provides for more tailored approach to environmental issues in CEE • Access to EBRD environmental specialists – local knowledge

37. Conclusion • Fast changing market • On-going privatization • Complex sectors remaining (chemical, coal) • Major investment needs • Substantial losses for financial institutions as a result of technical issues • In Poland no major reported environmental liability claim to date

38. Conclusion (cont.) • Financial Institutions will only invest in the best projects • Environmental standing often reflects overall performance • Environmental Risk is one of the issues more and more institutions look at. • Stakeholder issues • Transparency and public consultation are a major focus of many international institutions and EU • Poor consultation can result in major delay to projects (EU Cohesion Funds?) • Polish financial sector needs to consider broader European issues.

39. EBRD web site Robert Adamczyk Principal Environmental Specialist adamczyk@ebrd.com Telephone: +44 207 7338 6785 Fax: +44 207338 6848 www.ebrd.com