Romania: Concrete steps on how you can break the law
EM | 20.06.2005 00:04 | Ecology
Practical Guide on the non-implementation of the "Acquis Communitaire" or Concrete steps on how you can break the law
Rosia Montana/ Romania, 19 June 2005 – Thirty NGOs and members of the European Parliament (MEPs) have endorsed a contestation addressed to Romania’s Ministry for the Environment, the President of the European Parliament and the European Commission. Initiated by Alburnus Maior, the petition details the serious irregularities committed during the so-called scoping stage of the Environmental Impact Assessment (EIA) procedure for the Rosia Montana gold mine proposal.
Rosia Montana Gold Corporation (RMGC) is 80% owned by Gabriel Resources (TSX:GBU), a small, under-resourced and inexperienced Canadian mining company which plans to uproot the people of Rosia Montana to realize Europe’s largest open-cast gold mine. 20% are owned by Minvest, a state-owned mining company. From its' onset the venture has been beleaguered by scandals, operational problems and vehement local, national and international opposition. In December 2004, the EIA procedure for the 13mt/a Rosia Montana open cast gold mine scheme was initiated with the submission of the so-called 'Project Presentation Report'.
Since December 2004, an unprecedented amount of individuals, NGOs and expert institutions have protested over the non-compliance of the Rosia Montana EIA procedure with the relevant Romanian and European legislation. Roughly two weeks ago, the Romanian Ministry for the Environment released a final scoping list as the result of the scoping stage. This final list has given rise to serious concern due to the fact that it was compiled in a complete lack of transparency and public consultations and as such fails to address vital points that need to be included in the main EIA report.
According to the NGOs and MEPs, “Scoping is perhaps the most important stage of an EIA procedure, as it aims to point out the content and extent of the Environmental Information to be submitted to the Competent Authority under the EIA procedure. In all forms of scoping, consultation with environmental authorities, other interested parties and the public forms an important part of the process. Consultations will help ensure that all the impacts, issues, concerns, alternatives and mitigation which interested parties believe should be considered in the EIA are addressed”.
Art. 6 of the Aarhus Convention on access to information, public participation in decision-making and access to justice in environmental matters; ratified by Romania with Law 86/2000 and Article 1 and 3 of Directive 2003/35/EC guarantee transparency and public participation during the scoping stage. The signatories of the contestation therefore claim that both these legal provisions have been violated by the Romanian authorities responsible for the Rosia Montana EIA procedure.
“We have over and over again submitted legal and technical expertise opinions to the Romanian authorities. Our latest contestation includes an expert analysis by Bob Moran, a renowned American mining expert. This time however, we are also addressing all relevant bodies from the European Union and look forward to hearing about the detailed measures they will take in order to remedy the graveness of this situation,” says Eugen David, president of Alburnus Maior.
* * *
For more information contact Alburnus Maior on +40 (0) 258 859 328 and visit www.rosiamontana.org
---------------------------------------
To:
Sulfina Barbu
Ministry for Environment and Water Management
B-ul Libertatii, Nr. 12 Sector 5, Bucuresti Romania
Fax: +40 21 4100421
Email: ministru AT mappm DOT ro
16. June 2005
CONTESTATION
It is with great concern that we, the undersigned, have taken notice of Romania's Ministry for the Environment and Water Management's (MMGA) announcement1 that the scoping list for the Environmental Impact Assessment (EIA) of Rosia Montana mine proposal2 has been finalized. This was done without any form of public participation and in a complete lack of transparency. The undersigned therefore request MMGA to reinitiate the Rosia Montana EIA scoping stage; this time creating all the necessary conditions for the public to be adequately consulted.
Amongst the signatories are NGOs and MEPs who are officially registered parties of the Rosia Montana EIA.
Scoping is perhaps the most important stage of an EIA4 procedure, as it aims to point out the content and extent of the Environmental Information to be submitted to the Competent Authority under the EIA procedure. In all forms of scoping, consultation with environmental authorities, other interested parties and the public forms an important part of the process. Consultations will help ensure that all the impacts, issues, concerns, alternatives and mitigation which interested parties believe should be considered in the EIA are addressed.
The importance of public participation during the scoping stage can be further highlighted if one considers that, in the event that the laws had been enforced for the Rosia Montana EIA, NGOs would have had the possibility to timely submit comments and proposals such as the scoping list attached to this contestation. This means that the final scoping list now released by MMGA is at least incomplete.
Public participation during scoping is guaranteed by the Aarhus Convention that has been ratified by Romania and the EIA Directive 97/11 /EC; as amended by Directive 2003/35 /EC.
In support of our contestation, we would like to add the following:
(1. See the `Rosia Montana' section on the Ministry's website; www.mappm.ro
2. See
http://www.rmgc.ro
3. See www.apm-alba.ro for the complete list of registered parties. This statute gives the right to be notified and consulted about each step of the EIA procedure and this in a timely manner.
4. EIA stands for the procedure which fulfils the assessment requirements of Directive 97/11/EC.
5. `Alburnus Maior' commissioned Bob Moran, an American mining expert, to draw up the attached scoping list.)
The Directorate General for Environment of the European Commission has published various guidelines that detail "Best Available Practices" (BAP) that need to be applied for each stage of an EIA. According to these guidelines6, successful scoping consultations may be facilitated by a range of means including:
-Initial announcements about the scoping process in local or national newspapers;
-preparing a leaflet or brochure about the project giving brief details of what is proposed with a plan or map, describing the EIA process and the purpose of scoping, and inviting comments;
-Public meetings (it may be helpful to invite an independent person to chair public meetings);
-A Scoping Workshop at which participants work together through a structured program to identify matters to be addressed by the EIA process (this can be particularly helpful if the issues are complex and there are several groups interested in the proposals;
-an independent facilitator can be useful in ensuring workshops are successful);
-Establishing an expert or community based Scoping Group who will continue to oversee the environmental studies throughout the process (this can be useful for projects where the issues are complex or where the project is at an early stage in the planning process and the significance of issues is unclear);
-Publishing a draft Scoping Report for review and comment before completing the process.
In order to improve MMGA's institutional capacity, a PHARE team elaborated a step-by-step manual as to how the Rosia Montana EIA should be conducted in order to meet the relevant national, European and international legislation. Although never published by MMGA, the manual, in accordance with BAP, specifies the following steps during scoping:
1. A number of actions related to consultation with the Romanian public and that of the potentially Affected Parties regarding the environmental aspects to be addressed by the EIA study. These actions will be undertaken after the site inspection visit, during a five-week interval.
2. Public consultation is followed by a number of actions aimed to review the information and suggestions received from the public. These actions may require about three weeks.
3. A scoping checklist is finalised according to OM 860/2002 and taking into account the comments and suggestions received from the public and experts of the potentially affected Parties.
4. A first draft of the Guidance as a written document, apart from the Checklist, is developed. This draft of the Guidelines is made public by posting on MMGA's website.
5. The Romanian public and that of the potentially affected Parties is notified that they may send comments and suggestions within a two week interval.
("Guidance on EIA Scoping", prepared by Environmental Resources Management (ERM) under a research contract with the Directorate General for Environment of the European Commission, June 2001. Copies of the guidance documents can be requested from Directorate General Environment of the European Commission at 6. http://europa.eu.int/comm/environment/eia/eia-support.htm)
None of the above has been applied in the Rosia Montana EIA.
The absence of public participation and consultations for the Rosia Montana EIA scoping stage therefore violates Art. 6, pct. 3, 4, 6, 7 and 8 of the Aarhus Convention on access to information, public participation in decision-making and access to justice in environmental matters; ratified by Romania with Law 86/2000.
The absence of public consultation and participation for the Rosia Montana EIA scoping stage also violates Article 1 and 3 of Directive 2003/35/EC.
Given the above, we request MMGA to reinitiate the Rosia Montana EIA scoping stage; this time creating all the necessary conditions for the public to be adequately consulted.
Signatories:
1. Eugen David President Alburnus Maior
2. Dan Craioveanu Vicepresident Clubul Ecologic Transilvania
3. Bako Mihaly Executive Director Strawberrynet
4. Radu Mititean Executive Director Clubul de Cicloturism "Napoca" (CCN)
5. Sandor Koefoesfoey Executive Director Asociata Ecologista "Floarea de Colt"
6. Joszef Szabo President Otus Association for Environmental Protection
7. Silvius Patras President Clubul Piatra Altarului
8. Mihai Gligan President Asociatia Rangerilor din Romania
9. Codruta Nedelcu Founder ARIN
10. Smaranda ENACHE Co-Chair Liga Pro Europa
11. Av. Catalina Radulescu Strategic Litigation Program Center for Legal Resources
12. Ionut Apostol Executive Director TERRA Mileniul III
13. Anamaria Bogdan Program campaigner Greenpeace in Romania
14. Emil Burdusel Director UNESCO Pronatura
15. László Potozky Director Fundatia pentru Partneriat
16. Robert Friedrich & Teodora Dönsz National Society of Conservationists Friends of the Earth Hungary
17. Daniel Swartz The ZHABA Collective
18. Szombati Kristóf Hungarian Young Greens
19. Vera Mora President ELTE Nature Conservation Club (ETK)
20. Petr Hlobil International Campaign Coordinator BankWatch CEE
21. Maria Kadoglou Hellenic Mining Watch
22. Huub Scheele BothEnds
23. László Maráz Pro Regenwald
24. Regine Richter Urgewald e.V. im Grünen
25. Ute Hausmann FIAN-Deutschland
26. Judith Neyer FERN
27. Magda Stoczkiewicz Policy coordinator CEE Bankwatch Network Friends of the Earth Europe
28. Filka Sekulova A SEED Europe Plantage
29. Ruth Rosenhek & John Seed Directors Rainforest
30. Payal Sampat International Campaign Director EARTHWORKS
31. Paula Palmer Executive Director Global Response
32. Keith Slack Senior Policy advisor Oxfam America
33. Péter Olajos Member of the European Parliament
34. Heide Rühle Member of the European Parliament
35. Gisela Kallenbach Member of the European Parliament The Greens
This contestation is also being sent to the following (cc.):
Agency for Environmental Protection Alba Lalelelor Street, No. 7B 510217 Alba-Iulia Alba County Romania Fax: +40 258 813248/813290 Email:
ipmalba@alba.astral.ro
Regional Agency for Environmental Protection Sibiu Hipodromului Street, No 2A Sibiu Sibiu County Romania Fax: +40 269 444145 Email: apm.sb@ipmsb.ro
Dr. Miklos Persanyi Minister for the Environment and Water
Marie Anne Isler Béguin - MEP Committee on the Environment, Public Health and Food Safety
Jonas Sjöstedt - MEP Committee on the Environment, Public Health and Food Safety
Mrs Caroline Jackson - MEP Committee on the Environment, Public Health and Food Safety
Josep Borrell Fontelles President of the European Parliament
Catherine Day Director-General Environment Directorate-General European Commission
Anne Burrill Enlargement and Neighbouring Countries Environment Directorate-General European Commission
Stavros Dimas Commissioner for the Environment
Nancy Kontou Head of Cabinet European Commission
Rosia Montana Gold Corporation (RMGC) is 80% owned by Gabriel Resources (TSX:GBU), a small, under-resourced and inexperienced Canadian mining company which plans to uproot the people of Rosia Montana to realize Europe’s largest open-cast gold mine. 20% are owned by Minvest, a state-owned mining company. From its' onset the venture has been beleaguered by scandals, operational problems and vehement local, national and international opposition. In December 2004, the EIA procedure for the 13mt/a Rosia Montana open cast gold mine scheme was initiated with the submission of the so-called 'Project Presentation Report'.
Since December 2004, an unprecedented amount of individuals, NGOs and expert institutions have protested over the non-compliance of the Rosia Montana EIA procedure with the relevant Romanian and European legislation. Roughly two weeks ago, the Romanian Ministry for the Environment released a final scoping list as the result of the scoping stage. This final list has given rise to serious concern due to the fact that it was compiled in a complete lack of transparency and public consultations and as such fails to address vital points that need to be included in the main EIA report.
According to the NGOs and MEPs, “Scoping is perhaps the most important stage of an EIA procedure, as it aims to point out the content and extent of the Environmental Information to be submitted to the Competent Authority under the EIA procedure. In all forms of scoping, consultation with environmental authorities, other interested parties and the public forms an important part of the process. Consultations will help ensure that all the impacts, issues, concerns, alternatives and mitigation which interested parties believe should be considered in the EIA are addressed”.
Art. 6 of the Aarhus Convention on access to information, public participation in decision-making and access to justice in environmental matters; ratified by Romania with Law 86/2000 and Article 1 and 3 of Directive 2003/35/EC guarantee transparency and public participation during the scoping stage. The signatories of the contestation therefore claim that both these legal provisions have been violated by the Romanian authorities responsible for the Rosia Montana EIA procedure.
“We have over and over again submitted legal and technical expertise opinions to the Romanian authorities. Our latest contestation includes an expert analysis by Bob Moran, a renowned American mining expert. This time however, we are also addressing all relevant bodies from the European Union and look forward to hearing about the detailed measures they will take in order to remedy the graveness of this situation,” says Eugen David, president of Alburnus Maior.
* * *
For more information contact Alburnus Maior on +40 (0) 258 859 328 and visit www.rosiamontana.org
---------------------------------------
To:
Sulfina Barbu
Ministry for Environment and Water Management
B-ul Libertatii, Nr. 12 Sector 5, Bucuresti Romania
Fax: +40 21 4100421
Email: ministru AT mappm DOT ro
16. June 2005
CONTESTATION
It is with great concern that we, the undersigned, have taken notice of Romania's Ministry for the Environment and Water Management's (MMGA) announcement1 that the scoping list for the Environmental Impact Assessment (EIA) of Rosia Montana mine proposal2 has been finalized. This was done without any form of public participation and in a complete lack of transparency. The undersigned therefore request MMGA to reinitiate the Rosia Montana EIA scoping stage; this time creating all the necessary conditions for the public to be adequately consulted.
Amongst the signatories are NGOs and MEPs who are officially registered parties of the Rosia Montana EIA.
Scoping is perhaps the most important stage of an EIA4 procedure, as it aims to point out the content and extent of the Environmental Information to be submitted to the Competent Authority under the EIA procedure. In all forms of scoping, consultation with environmental authorities, other interested parties and the public forms an important part of the process. Consultations will help ensure that all the impacts, issues, concerns, alternatives and mitigation which interested parties believe should be considered in the EIA are addressed.
The importance of public participation during the scoping stage can be further highlighted if one considers that, in the event that the laws had been enforced for the Rosia Montana EIA, NGOs would have had the possibility to timely submit comments and proposals such as the scoping list attached to this contestation. This means that the final scoping list now released by MMGA is at least incomplete.
Public participation during scoping is guaranteed by the Aarhus Convention that has been ratified by Romania and the EIA Directive 97/11 /EC; as amended by Directive 2003/35 /EC.
In support of our contestation, we would like to add the following:
(1. See the `Rosia Montana' section on the Ministry's website; www.mappm.ro
2. See
http://www.rmgc.ro 3. See www.apm-alba.ro for the complete list of registered parties. This statute gives the right to be notified and consulted about each step of the EIA procedure and this in a timely manner.
4. EIA stands for the procedure which fulfils the assessment requirements of Directive 97/11/EC.
5. `Alburnus Maior' commissioned Bob Moran, an American mining expert, to draw up the attached scoping list.)
The Directorate General for Environment of the European Commission has published various guidelines that detail "Best Available Practices" (BAP) that need to be applied for each stage of an EIA. According to these guidelines6, successful scoping consultations may be facilitated by a range of means including:
-Initial announcements about the scoping process in local or national newspapers;
-preparing a leaflet or brochure about the project giving brief details of what is proposed with a plan or map, describing the EIA process and the purpose of scoping, and inviting comments;
-Public meetings (it may be helpful to invite an independent person to chair public meetings);
-A Scoping Workshop at which participants work together through a structured program to identify matters to be addressed by the EIA process (this can be particularly helpful if the issues are complex and there are several groups interested in the proposals;
-an independent facilitator can be useful in ensuring workshops are successful);
-Establishing an expert or community based Scoping Group who will continue to oversee the environmental studies throughout the process (this can be useful for projects where the issues are complex or where the project is at an early stage in the planning process and the significance of issues is unclear);
-Publishing a draft Scoping Report for review and comment before completing the process.
In order to improve MMGA's institutional capacity, a PHARE team elaborated a step-by-step manual as to how the Rosia Montana EIA should be conducted in order to meet the relevant national, European and international legislation. Although never published by MMGA, the manual, in accordance with BAP, specifies the following steps during scoping:
1. A number of actions related to consultation with the Romanian public and that of the potentially Affected Parties regarding the environmental aspects to be addressed by the EIA study. These actions will be undertaken after the site inspection visit, during a five-week interval.
2. Public consultation is followed by a number of actions aimed to review the information and suggestions received from the public. These actions may require about three weeks.
3. A scoping checklist is finalised according to OM 860/2002 and taking into account the comments and suggestions received from the public and experts of the potentially affected Parties.
4. A first draft of the Guidance as a written document, apart from the Checklist, is developed. This draft of the Guidelines is made public by posting on MMGA's website.
5. The Romanian public and that of the potentially affected Parties is notified that they may send comments and suggestions within a two week interval.
("Guidance on EIA Scoping", prepared by Environmental Resources Management (ERM) under a research contract with the Directorate General for Environment of the European Commission, June 2001. Copies of the guidance documents can be requested from Directorate General Environment of the European Commission at 6.
http://europa.eu.int/comm/environment/eia/eia-support.htm) None of the above has been applied in the Rosia Montana EIA.
The absence of public participation and consultations for the Rosia Montana EIA scoping stage therefore violates Art. 6, pct. 3, 4, 6, 7 and 8 of the Aarhus Convention on access to information, public participation in decision-making and access to justice in environmental matters; ratified by Romania with Law 86/2000.
The absence of public consultation and participation for the Rosia Montana EIA scoping stage also violates Article 1 and 3 of Directive 2003/35/EC.
Given the above, we request MMGA to reinitiate the Rosia Montana EIA scoping stage; this time creating all the necessary conditions for the public to be adequately consulted.
Signatories:
1. Eugen David President Alburnus Maior
2. Dan Craioveanu Vicepresident Clubul Ecologic Transilvania
3. Bako Mihaly Executive Director Strawberrynet
4. Radu Mititean Executive Director Clubul de Cicloturism "Napoca" (CCN)
5. Sandor Koefoesfoey Executive Director Asociata Ecologista "Floarea de Colt"
6. Joszef Szabo President Otus Association for Environmental Protection
7. Silvius Patras President Clubul Piatra Altarului
8. Mihai Gligan President Asociatia Rangerilor din Romania
9. Codruta Nedelcu Founder ARIN
10. Smaranda ENACHE Co-Chair Liga Pro Europa
11. Av. Catalina Radulescu Strategic Litigation Program Center for Legal Resources
12. Ionut Apostol Executive Director TERRA Mileniul III
13. Anamaria Bogdan Program campaigner Greenpeace in Romania
14. Emil Burdusel Director UNESCO Pronatura
15. László Potozky Director Fundatia pentru Partneriat
16. Robert Friedrich & Teodora Dönsz National Society of Conservationists Friends of the Earth Hungary
17. Daniel Swartz The ZHABA Collective
18. Szombati Kristóf Hungarian Young Greens
19. Vera Mora President ELTE Nature Conservation Club (ETK)
20. Petr Hlobil International Campaign Coordinator BankWatch CEE
21. Maria Kadoglou Hellenic Mining Watch
22. Huub Scheele BothEnds
23. László Maráz Pro Regenwald
24. Regine Richter Urgewald e.V. im Grünen
25. Ute Hausmann FIAN-Deutschland
26. Judith Neyer FERN
27. Magda Stoczkiewicz Policy coordinator CEE Bankwatch Network Friends of the Earth Europe
28. Filka Sekulova A SEED Europe Plantage
29. Ruth Rosenhek & John Seed Directors Rainforest
30. Payal Sampat International Campaign Director EARTHWORKS
31. Paula Palmer Executive Director Global Response
32. Keith Slack Senior Policy advisor Oxfam America
33. Péter Olajos Member of the European Parliament
34. Heide Rühle Member of the European Parliament
35. Gisela Kallenbach Member of the European Parliament The Greens
This contestation is also being sent to the following (cc.):
Agency for Environmental Protection Alba Lalelelor Street, No. 7B 510217 Alba-Iulia Alba County Romania Fax: +40 258 813248/813290 Email:
ipmalba@alba.astral.ro Regional Agency for Environmental Protection Sibiu Hipodromului Street, No 2A Sibiu Sibiu County Romania Fax: +40 269 444145 Email:
apm.sb@ipmsb.ro Dr. Miklos Persanyi Minister for the Environment and Water
Marie Anne Isler Béguin - MEP Committee on the Environment, Public Health and Food Safety
Jonas Sjöstedt - MEP Committee on the Environment, Public Health and Food Safety
Mrs Caroline Jackson - MEP Committee on the Environment, Public Health and Food Safety
Josep Borrell Fontelles President of the European Parliament
Catherine Day Director-General Environment Directorate-General European Commission
Anne Burrill Enlargement and Neighbouring Countries Environment Directorate-General European Commission
Stavros Dimas Commissioner for the Environment
Nancy Kontou Head of Cabinet European Commission
EM
Homepage:
http://www.rosiamontana.org