Alburnus Maior
Independent Centre for the Development of Environmental Resources

Joint Press Statement – for immediate distribution

Cluj-Napoca/Romania, 23. June 2010 – In light of the recent declaration¹ made by Mr. Laszlo Borbely, Romania’s minister for the Environment and Forest explaining his decision to reinitiate the authorization procedure for the Rosia Montana mining proposal, Alburnus Maior and the Independent Centre for the Development of Environmental Resources (ICDER) are herewith bringing to the public’s knowledge their position vis-a-vis the above:

“Minister Laszlo Borbely essentially claims that the decision to re-start the authorization procedure for the Rosia Montana proposal is based on the receipt of a new urbanism certificate; different from both, the one annulled by a court of law in 2007 and the one suspended by a court of law. <We know have a third urbanism certificate which compared with the other two has modified parameters. The other two had identical parameters which was the reasoning why the second was suspended after the first one was annulled, > stated Romania’s minister.

We would like to highlight that the environmental impact assessment (EIA) procedure for the Rosia Montana proposal is suspended until an irrevocable judgment in the relevant and still on-going court cases regarding the urbanism certificates has been taken by the court. The public authorities thus have the duty to abstain from making any declarations or other evaluations until the court has reached its irrevocable verdict. At the time of writing there exist two court actions, one regarding the annulment of the first urbanism certificate (UC68/2004) obtained by the Rosia Montana project owner (case No. 4018/107/2006 at the Alba Tribunal) and one regarding the suspension of the forth urbanism certificate (UC87/2010) obtained by the Rosia Montana project owner (Case No. 22580/3/2010 at the Bucharest Tribunal).

We would like to underline that UC68/2004 which has been at the base for initiating the authorization procedure was irrevocably suspended by the Alba Tribunal in court case No.2637/2005. The second urbanism certificate (UC78/2006) was irrevocably annulled by the Cluj Tribunal and Cluj Court of Appeal in court case no 1245/117/2007. The third urbanism certificate (UC105/2007) was irrevocably annulled by the Cluj Tribunal in court case no 1174/117/2008.

The minister’s decision to allow for the continuation of the permitting procedure due to the submission of a new urbanism certificate (a forth one; this in contrast to the numbering made by the minister) is thus illegal. Any decision taken regarding the granting of the environmental permit will therefore be affected by illegalities.

We would like to underline that the identity of a new administrative act vis-a-vis the one preceding it is first and foremost assessed on whether it was released in the same conditions; not on whether it is literally identical. The latest urbanism certificate (UC87/2010) is based on the same Urban Plans as three previous urbanism certificates obtained by the Rosia Montana project owner. These are the Rosia Montana General Urban Plan and the Rosia Montana Zonal Plan for the Rosia Montana Gold Corporation Industrial Development which were approved by the Rosia Montana Local Council with decisions No.45 and No.46/2002, respectively. Both these decisions were irrevocably declared illegal by the Alba Court of Appeal with decision No. 75/CA/200. Since then no new urban plans have been approved by the competent authorities. According to Law 350/2001 the role of an urbanism certificate is to assure the effective application of the approved documentation for territorial and urban management. The validity and juridical effects produced by this administrative act cannot be detached from the planning documents upon which it was issued.

Moreover, the area covered by the new urbanism certificate overlaps with all areas covered by the preceding certificates; an aspect completely ignored by the minister when he claimed that now one is dealing with an urbanism certificate that is modified compared to it is predecessors.

Alburnus Maior and ICDER will continue to use all civil and legal means to ensure that the authorization procedures for the Rosia Montana mine proposal are carried out in full respect of the relevant laws; including requesting the competent court to annul the decision to grant an environmental accord as well as the environmental accord per se.”

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For more information please contact attorney Marius Liviu Harosa at +40 744599762 or email us alburnusmaior@ngo.ro