* Admissibility date reflects the date the case was officially registered. All other dates pertain to the date in which a stage was completed.
Case Description
Complaint
On 1 May 2012, the EIB Complaints Mechanism (EIB-CM) received a complaint concerning the S17 expressway within the Eastern Poland Roads TEN-T project. The complainant alleged that the project promoter had decided not to install noise barriers in a residential area located in the vicinity of the S17 expressway across Dabrowica in Lublin. In this regard, the complainant observed that the residential buildings in the indicated area would be exposed to high levels of noise and pollution and, therefore, highlighted the necessity to install noise barriers in the contested area. Moreover, the complainant expressed his/her doubts about whether or not a future reassessment of noise and pollution, after the finalisation of works and during the operation of the project, will take place with a view to assessing the necessity to install additional noise barriers.
EIB-CM Action
On the basis of the concerns raised and following a preliminary analysis on the admissibility of the complaint, the EIB-CM thought it appropriate to carry out further inquiries with a view to verifying whether a possible instance of maladministration had been committed by the EIB in its due diligence duty in respect of the contested project. In this context the EIB-CM reviewed the due diligence carried out by the EIB’s services as well as further information provided in the Environmental Impact Statement, non-technical summary and the additional information provided by the promoter.
Conclusions and Recommendations
On the basis of the gathered information it appeared that an Environmental Impact Assessment (EIA), including public consultations, had been carried out in line with the applicable law and that the EIA included an analysis of noise and pollution in the areas in the vicinity of the project and had taken into consideration appropriate mitigation measures. In addition, from the information provided by the promoter, it appeared that noise barriers will be installed only in the areas where the forecast noise levels will exceed the admissible levels immediately after the project implementation. Further assessments of noise and pollution will be carried out during the project operation in order to assess the effectiveness of the implemented mitigation measures and determine the necessity for additional measures needed to avoid, reduce or mitigate the impacts. That analysis will be carried out throughout the path of the S17 expressway including the residential areas in accordance with the scope of the decision of 7 June 2011 of the Regional Director for Environmental Protection of Lublin and in line with the Decision No 7/11 of 21 June 2011 regarding the construction permit of the S 17 expressway section Kurów – Lublin – Piask.
On the basis of the above considerations, the EIB-CM concludes that the EIB did not commit an instance of maladministration whilst conducting its due diligence. Nevertheless, the EIB-CM recommends the EIB services to monitor the assessment of the expected ex-post noise and pollution and the implementation of the appropriate measures.