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5 years ago

Can_existing_EU_legislation_prevent_a_future_cyanide_spill_2

Can_existing_EU_legislation_prevent_a_future_cyanide_spill_2

the Certej gold mine via

the Certej gold mine via an environmental avis (SEA). In response twelve Romanian environmental NGOs submitted a complaint. The NGOs complaint lists several shortcomings of EU legislation. They are as follows: The project owner does not own a concession license over the entire project footprint as described in the SEA report. The project owner significantly changed its plans after meeting opposition during the first consultation meetings on the SEA report. Instead of submitting a new environmental report, the initial SEA procedure continued with a different mine plan half-way through the assessment procedure. During the SEA procedure the potentially affected population in Hungary was not notified within the timeframe (70 calendar days) and was not given access to the full environmental information regarding the project’s plan according to the stipulations of the ESPOO Convention on EIA in trans-boundary context. The consultation announcements in the Hungarian media were inadequate and unclear. Several objectives of the proposed mining operation come under Government Decision (GD) 804/2007, which transposes legislation Directive 96/82/EC of 9 December 1996 on control of major accident hazards involving dangerous substances, as amended by Directive 2003/105/EC. The SEA procedure has failed to take into account the provisions of Article 13 of GD 804/2007 which requires that already at the stage of planning, authorities should take into account the need to maintain an 'adequate distance' of the mining facilities to potentially affected human settlements, to protect the public and public interest objectives. b.) The Rosia Montana Case At Rosia Montana Canadian Gabriel Resources wishes to develop an open-pit mine that will use cyanide to separate the gold from the ore. The environmental impact assessment procedure was started in December 2004. In spring 2007 a complaint was submitted by an NGO to the Commission for the environment. The complaint’s main evidence was a letter signed by Romania’s ministry for the environment confirming that it never received a notification to launch the SEVESOII procedure for the Rosia Montana project. Such notification is usually submitted at the same time with the request to obtain an environmental accord. The SEVESOII procedure (Directive 96/82/EC of 9 December 1996 on control of major accident hazards involving dangerous substances, as amended by Directive 2003/105/EC) runs parallel with the corresponding EIA procedure. After the notification follows a Security Report and the procedure ends with a decision on issuing a permit that would allow the project owner to use and store dangerous substances. It is different from an environmental accord. While a Security Report was released there exists no official notification which initiates a SEVESOII procedure. The NGO concluded that it is impossible to permit something that had not been requested and thus submitted a complaint to DG environment. Letter from the ministry for the Environment confirming that it had not received notification Alburnus Maior's complaint to DG Environment on the irregular Rosia Montana SEVESO II procedure DG Environment's reply * * * * * * July 2010 4

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