MICI-BID-BR-2019-0142

São José dos Campos Urban Structuring Program- Request III

Country: Brazil

Reception date: February, 4 2019

Current Status: Closed

Requesters:

Confidential.

Summary of the Request

The Request raises potential impacts on the quality of life of residents located in the area of influence of the Program.

Specifically, the Request states that the construction work for the section "Arco da Inovação / Ponte Estaiada," that is part of the Program, would be affecting the property of the inhabitants, by causing the devaluation of properties such as homes and businesses.

It also raises possible environmental and health effects in areas that would be impacted by noise, visual and atmospheric pollution; as well as the road insecurity caused by mass transit.

Finally, the request alleges that adequate consultation processes did not take place and the information requested about the Project was not provided.

The Requesters wish to use both the Consultation Phase and the Compliance Review Phase, in such case that their Request is declared eligible.

Recent actions

On November 19, 2019 the MICI distributed the Recommendation for Compliance Review to the Board of Executive Directors of IDB Invest for consideration by Short Procedure. The Board authorized the Recommendation to not investigate without objection on November 26, 2019. This decision was notified to the Parties on December 3, 2019, whereby the ICIM process ends and this case is closed.

Past actions

On February 12, 2019, the Request was registered, and notifications were sent to the Requesters and to the Bank's Management.

On April 12, 2019, MICI determined that the Request was eligible as it met the criteria established in the MICI Policy.

The Request was transferred to the Consultation Phase (conflict resolution process) to start the assessment stage.

On July 9th, MICI issued the Assessment Report of the Consultation Phase, which concluded that there were no conditions to initiate a dialogue process. The case was transferred to the Compliance Review Phase.

On July 26, 2019, the MICI Director asked the Board of Executive Directors for an extension to prepare the “Recommendation for a Compliance Review and Terms of Reference” (paragraph 59 of the Policy). On August 19, 2019, the Board of Executive Directors approved the extension via short procedure. Therefore, the new deadline to issue the Recommendation is September 4, 2019.

On September 4, 2019, MICI sent the Parties the draft of the Recommendation and Terms of Reference for a Compliance Review of the present case. As of this date, the Parties have 15 business days to comment on the document, which expires on September 25, 2019.

On September 16, 2019, the Requesters asked MICI for an extension to send their comments on the "Draft Recommendation and Terms of Reference for a Compliance Review". On September 24, the Board of Executive Directors approved this extension. The new deadline for receiving comments from the Parties will be October 7, 2019.

Project Number:

BR-L1160


Project Name:

São José dos Campos Urban Structuring Program


Sector:

URBAN DEVELOPMENT AND HOUSING


Project Type:

Loan Operation


IDB Financing:

USD 85,672,400


Registration
Registered
Eligibility
Eligible
Assessment
Consultation Process
Monitoring
Recommendation for a CR and ToRs
Investigation
CR Report
Monitoring

Registration

Consultation Phase (CP)

Compliance Review Phase (CRP)

Chronology and documents

Steps and milestones Date Remarks Documents
Registry

25128

Request Receipt

2019-02-04

24911

Notice of Registration

2019-02-12

Elegibility

25129

Management Response

2019-03-14

25130

Eligibility due date

2019-04-12

25578

Eligibility Memorandum Public Disclosure

2019-04-26

Consultation phase
Assessment

25946

Deadline for Assessment

2019-06-21

40 business days from the date of issuance of the eligibility memorandum.

26122

Assessment Report Public Disclosure

2019-07-09

As per the Access to Information Policy (OP-102) the disclosure of this document is done simultaneous to its distribution to the Board of Executive Directors.
Consultation Phase Closure

26123

Notification to Parties

2019-07-09

Compliance review phase
Recommendation for a Compliance Review and Terms of Reference (ToRs)

26148

Preparation of Draft Recommendation and ToRs due date

2019-09-04

21 business days from the start date of the Compliance Review Phase. An extension was requested and approved.

26633

Due date for receiving comments on Draft

2019-10-07

Management and Requesters have 15 business days to submit their comments to the Draft. An extension was requested and approved.

27131

Consideration by the Board of Executive Directors of the Recommendation and ToRs

2019-11-19

In accordance with MICI Policy, the document will be distributed to the public once approved by the Board of Directors. Start date for consideration under Short Procedure.

27132

Decision by the Board of Executive Directors regarding the Recommendation

2019-11-26

The Recommendation to not investigate was approved. The case is closed.