Several Individuals vs. NORDEX SE operating in Turkey

Allegations

In August 2014 the German NCP received a request for review by individuals from Turkey alleging that a German multinational enterprise had breached the environment provisions of the Guidelines in Turkey. More specifically they alleged that the company had not properly performed an environmental risk assessment as well as public participation related to a specific project.

In harmony with the implementation procedures, and after consulting with the OECD Investment Committee, the Turkish NCP took the lead on this specific instance and, after an initial assessment, concluded that the specific instance did not merit further consideration.

The NGO also raised concerns which the NCP concluded were related to corporate social responsibility practices of the company at a global scale. The company produces turbines in Germany and provides this equipment to clients in several other countries in a similar business relationship.

After consulting the German NCP, the Turkish NCP informed the notifiers about its decision not to accept their request for review and advised that their allegations could be raised with the German NCP with more substantiated material. The German NCP is currently examining the due diligence issues raised by the notifiers.

Relevant OECD Guidelines

• Chapter II
• Chapter II Paragraph A10
• Chapter VI
• Chapter VI Paragraph 2
• Chapter VI Paragraph 3

Outcome

The Turkish NCP took the lead on this specific instance and, after an initial assessment, concluded that the specific instance did not merit further consideration. The German NCP then accepted part of the complaint, which was based on due diligence. A mediation session was held, along with further bilateral talks with both parties, and NORDEX SE agreed to improve its due diligence processes. A Final Statement, outlining the agreement made by NORDEX SE, was published on 31 August 2016, however, the complainant refrained from signing the Joint Final Statement due to a pending legal case in Turkey regarding the wind project.

More details

Documents

• statement

  31 May 2016

  The German NCP issues a Final Statement based on the mediation that was done between the parties over its partial acceptance of the complaint regarding the respondent’s due diligence as a supplier. An agreement was made by NORDEX SE to improve the implementation of the Guidelines’ recommendations on due diligence and is outlined in the statement. However, the complainant refrained from signing a corresponding Joint Final Statement.

  NCP Germany
• meeting

  11 February 2016

  A mediation meeting was held between the parties over Skype.

  NCP Germany
• accept

  8 June 2015

  The German NCP completes an Intital Assessment agreeing to accept part of the complaint.

  NCP Germany
• emails

  15 December 2014

  The complainant repeats its allegations and further explains in an email to German NCP.

  Several individuals
• transfer of case

  11 November 2014

  The NCP discovered that the allegations were made against a domestic company which does not qualify as a multinational enterprise. On the basis of these criteria, the NCP concluded that the request for review was beyond the scope for consideration. It was also decided that the German NCP would be considered competent to deal with part of the complaint, which regards the respondent’s alleged violation of its general risk-based due diligence as supplier of wind turbines.

  NCP Turkey