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Several Individuals vs. NORDEX SE operating in Turkey

Case overview

Date filed 4 August 2014
Current status Concluded
Issue Wind energy project in Turkey
Summary of the case In August 2014 the German NCP received a request for review by individuals, including Mr. Dominic Whiting, a resident in Turkey alleging that a NORDEX SE, a German multinational enterprise that manufactures wind turbines, had breached the environment provisions of the Guidelines with the ABL Cesme RES Cesme WPP project in Ixmir, 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, stating the project was being carried out by a Turkish project company which was not considered a multinational enterprise within the meaning of the OECD Guidelines.

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.
Developments/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.
Relevant OECD Guidelines
Case keywords Human rights, Environment, Energy sector, Multiple NCPs

NCP Information

NCP name National Contact Point Turkey
NCP address Inönü Bulvarý 36 06510 Ankara, Turkey
NCP website http://www.hazine.gov.tr/giris.htm
Other NCPs involved

Complainants

NGO

Company Information

Company responsible German MNE operating in Turkey
Company address
Company website
Company in violation NORDEX SE
Country of operations Turkey
Other companies involved

Timeline of developments

Date Actor Action Description Document
31 May 2016 National Contact Point Germany statement 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. download pdf (99Kb)  
11 February 2016 National Contact Point Germany meeting A mediation meeting was held between the parties over Skype.  
8 June 2015 National Contact Point Germany accept The German NCP completes an Intital Assessment agreeing to accept part of the complaint.  
15 December 2014 Several individuals emails The complainant repeats its allegations and further explains in an email to German NCP.  
11 November 2014 National Contact Point Turkey transfer of case 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.  

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