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Bulgarian court rules out Sofia waste incinerator plant due to unassessed health risks and lack of public consultation

Despite its flaws, the project received financing from the European Commission and the European Investment Bank. For over a decade now, both institutions have ignored the repeated concerns raised by local people and environmental organisations. The incinerator was expected to account for up to 30 per cent of the EU’s cohesion policy funding for waste management in Bulgaria from 2014 to 2020 [1]. 

Earlier this year, the Municipal Council of Sofia finally decided to return the EU funding allocated for the project, having failed to meet the 2023 deadline for completing the project due to legal, administrative and technical delays.  

According to the court decision, the authorities failed to ensure proper public participation and did not assess the health risks for the population directly affected by the project. Serious deficiencies in the air quality impact analysis were also identified. For example, the EIA failed to account for the existing excess levels of particulate matter and other forms of air pollution in Sofia, one of Europe’s most polluted cities.  

Additionally, the court criticised the inadequate risk assessment of the emissions of highly carcinogenic dioxins and furans, as well as the large amounts of toxic ash the plant would produce. 

The EIA was also judged to have used unreliable data to estimate the quantity and types of waste that would be burnt. In reality, the amount of hazardous household waste – such as paints, varnishes and batteries – collected by Sofia Municipality is less than one per cent of the total waste collected in the city. 

The capacity of the planned unit would have been three times greater than current RDF production in Sofia, raising concerns about the potential environmental and safety impacts of the incineration process. 

Regrettably, this latest development in the ongoing saga continues to diverted efforts and funding away from other urgently needed actions like separate collection and biowaste composting, both of which will become mandatory from the end of 2023 across the EU. 

‘The idea of burning 180,000 tonnes of waste annually in a local district heating plant is at odds with the goals of a circular economy. It’s also one of the most inefficient and costly ways of dealing with Sofia’s waste,’ says Evgenia Tasheva from environmental association Za Zemiata, Bulgaria, one of the complainants and long-time opponents of the project.  

‘We welcome the court’s ruling, which confirms that the Sofia waste incinerator plan is a prime example of a short-sighted and undemocratic investment decision by the local government. At the same time, we urge EU institutions to focus on funding real circular economy solutions and divest from end-of-pipe projects such as waste incinerators,’ says Danita Zarichinova, Zero Waste Coordinator at Za Zemiata. 

Sofia Municipality may appeal the decision within 14 days. 

 

Additional notes: 

[1] The cost of the construction is estimated at around EUR 180 million. In March 2020, the European Commission approved funding of EUR 77 million from the European Regional Development Fund. The European Investment Bank signed a EUR 67 million loan in December 2018. 

[2] Court decision (in Bulgarian and in English) 

  

Contact:

Desislava Stoyanova

Za Zemiata – member of Friends of the Earth Europe

desislava@zazemiata.org

Phone: 0888714688

​​​​​​​​​​​​​Skavica mega dam: Albanian court to scrutinise special law for U.S. contractor Bechtel

Joint press release by EuroNatur, CEE Bankwatch, Black Drin Association and  Group of Rural Activists of Dibra

Radolfzell, Prague, Tirana – ​Nature conservation and human rights organisations have secured an important first milestone in the fight against the planned 210 MW Skavica hydropower plant in the Albanian municipalities of Kukës and Dibër: a constitutional complaint submitted by the Albanian Helsinki Committee and the ​​Black Drin Association, with the support of EuroNatur and CEE Bankwatch Network, has now been accepted for trial in public plenary. The complaint alleges, amongst other things, the violation of the principles of legal equality and economic freedom in the award of public contracts. ​ 

This ruling is a major step forward, as only 15 per cent of all cases submitted to the Albanian constitutional court are eventually considered admissible​,​ and they rarely include submissions by civil society organisations. 

The ​contract for ​preliminary works ​​​and project documentation for​ the highly controversial Skavica dam ​was​ awarded to the U.S. construction giant Bechtel in July 2021, seemingly without any tender procedure. This followed parliamentary approval of a special law which specifically mentions Bechtel.  

‘By circumventing open procurement and competition, this deal raises risks of possible corruption and doubts about the value for money of the project​. It also undermines​ the meaningfulness of the environmental and social impact assessment,’ fears Andrey Ralev, Biodiversity Campaigner at CEE Bankwatch Network. 

​​​In addition to the lack of transparency, there is still no official information about the exact construction and location of the dam. Four technical scenarios are currently being considered, according to KESH, Albania’s state-owned energy utility and promoter of the Skavica project. The largest one involves a dam 147 metres high and a reservoir with a capacity of 2.32 billion cubic metres​,​ which would make it one of Europe’s largest man-made reservoirs.  

‘With 41 villages and more than 2500 houses in Dibër municipality threatened by the project, Skavica’s social impacts may be among the worst of any dam built in Europe in the 21st century. Residents have been fighting against Skavica for years. The vast majority doesn’t want the dam,’ says ​Majlinda Hoxha, coordinator of the Group of Rural Activists of Dibra. ​ 

Skavica’s ecological consequences would also be devastating, particularly for the critically endangered Balkan lynx.  

‘The dam would disrupt the only bio-corridor between Albania and North Macedonia where the two remaining viable reproductive lynx populations ​​cross,’ says Dr Amelie Huber, Freshwater Project Manager at EuroNatur. ‘Skavica would also flood what could be Albania’s largest floodplain forest, meaning that an array of biodiversity and habitats and a huge carbon sink would be lost. ​These impacts​ invalidate​ ​any argument that Skavica would drive green and climate-friendly energy development,’ concludes Huber.
 

Background information: 

  • The Skavica dam would flood the last free-flowing stretch of the Black Drin River in Albania which originates from Lake Ohrid, in North Macedonia, and flows into the Adriatic Sea. Plans for the project date back to the 1960s, when Skavica was conceptualised as part of the Drin Cascade​ comprising​ ​three​ ​​​​​​​other ​large hydropower plants​,​ ​which ​are already in operation. 
  • The financial costs of the project have risen four times to over a billion euros but financing has not been secured yet. Bechtel has gained notoriety in the region and globally for its involvement in various unsuccessful and/or overpriced projects, often awarded without tender processes.  
  • The Skavica reservoir would submerge much of the impoverished but historic region of Dibra, a long, fertile, and scenic valley surrounded by snow-capped mountains. In recent years it has emerged as a hub for ecotourism and organic farming, partly subsidised by the Albanian government. 

Contact: 

Anika Konsek, EuroNatur: anika.konsek(at)euronatur.org, phone: +49 (0) 7732 9272 22
Andrey Ralev, CEE Bankwatch Network: andrey.ralev(at)bankwatch.org, phone: +35 9 8842 685 52 
Majlinda Hoxha, Group of Rural Activists of Dibra/Black Drin Association: lindahoxha83(at)gmail.com, phone: +35 5674 8755 06 

 

Civil society groups urge the EBRD to rethink mining investments

In their recommendations, civil society groups urge the Bank to do more to safeguard the environment and welfare of local communities and to take action to reduce the demand for critical raw materials. 

The EBRD is currently in the process of revising its Mining Sector Strategy for 2024 to 2028. The draft document proposes an increase in investments in mining critical raw materials required for the green and digital transition, as well as the promotion of exploration. 

On 15 September, civil society organisations submitted recommendations regarding the EBRD’s mining strategy, advocating for the following measures: 

  • Prioritise the circular economy over just mining; 
  • Focus on reducing material footprints and promote recycling; 
  • Ensure that no mining investments are made in countries that do not enforce environmental laws; 
  • Define no-go zones and prohibited technologies; 
  • Guarantee Free Prior Informed Consent for Indigenous Peoples and consent from all affected communities; 
  • Deliver tangible benefits to local communities in the countries where the EBRD operates. 

Although the draft strategy highlights the importance of improving relations between mining companies and local communities, public consultations on the draft were conducted during the summer holiday period. A very small number of handpicked groups were invited at extremely short notice to local consultation events, seriously limiting public input. 

The mining sector has a shameful track record of pollution, human rights abuses, community resistance and retaliation against activists around the world. It remains the most perilous sector for environmental defenders, with almost 30 per cent of annual attacks occurring within the industry. EBRD-funded projects in Armenia (Amulsar) and Bosnia and Herzegovina (Adriatic Metals) have already prompted complaints by affected communities to the EBRD’s Independent Project Accountability Mechanism (IPAM) due to environmental pollution and lack of public consultation. 

Nina Lesikhina, Policy Officer at Bankwatch, says: ‘Business as usual is no longer an option. Relying solely on environmental and social safeguards is insufficient, given their gaps and inadequate implementation. The EBRD needs to consider each country’s capacity to implement mining projects sustainably and how to reduce demand for critical raw materials in the first place. The imperative for a green transition should not be used as an excuse to reduce efforts, but as a motivation to do more to ensure that the transition is truly green and equitable.’ 

Sukhgerel Dugersuren, Chair at Oyu Tolgoi Watch, Mongolia, says: ‘If the EBRD and other development banks increase financing for mining, corporations will scramble to secure critical and/or transition minerals. This will have further negative impacts on climate change, contaminating the environment, depleting water resources and deepening desertification processes. The Mongolian economy is dependent on a single sector – mineral extraction – which is closely tied to the Chinese market. Any future mining strategy must be guided by principles that balance economic, geopolitical and other risks.’ 

Gaelle Dusepulchre, Deputy Head of the Business, Human Rights and Environment Desk at the International Federation for Human Rights, says: ‘Mining projects are among the most harmful to human rights and the environment. Any mining strategy must promote a truly just transition. These projects not only require increased due diligence, but also rely on the meaningful participation and consent of communities likely to be affected. Protecting human rights and environmental defenders is just as essential.’ 

 

For media inquiries and further information, please contact: 

  • Nina Lesikhina, ninalesikhina@bankwatch.org 
  • Sukhgerel Dugersuren, otwatch@gmail.com 
  • Lucia Posteraro, lposteraro@fidh.org 

Legal challenges hit Greece – North Macedonia gas pipeline plans

State-owned company NOMAGAS (1) plans to build the 67-km North Macedonian section of the gas interconnector. Although promoted as a means of diversifying the country’s gas supply, in reality it would significantly increase gas imports and further lock the country into fossil fuel consumption and associated price fluctuations at a time when it should be decarbonising. 

The European Investment Bank signed a EUR 41 million loan agreement for the project in December 2021, just before its self-imposed deadline to halt direct financing for fossil fuel projects. At the same time, an EU grant agreement for EUR 12.7 million was signed under the Western Balkans Investment Framework. The European Bank for Reconstruction and Development is considering financing for the remainder of the project (2).

The first two complaints – to the Energy Community Secretariat and the European Anti-Fraud Office (OLAF) – concern the guarantee for the EIB loan signed by the North Macedonian government for the project in December 2021. The guarantee decision did not pass through mandatory state aid checks by the country’s Commission for the Protection of Competition, potentially rendering it invalid. 

In an unprecedented outbreak of efficiency, the North Macedonian Parliament approved the state guarantee on 20 December 2021 and the President confirmed it the same day. It was published in the country’s official journal on 21 December, before the loan signing with the EIB on 22 December.

Pippa Gallop, Southeast Europe Policy Officer, CEE Bankwatch Network – ‘It beggars belief that the EU’s house bank did not do basic due diligence on the loan guarantee approval procedure. This calls into question the guarantee’s validity and harms the EU’s financial interests by unnecessarily raising the likelihood of having to use EU funds to cover the EIB’s losses in case of a loan default.’ 

The third complaint – also to the Energy Community Secretariat – concerns a breach of environmental impact assessment rules for the project, as North Macedonia’s environment ministry failed to organize a public consultation period. It did not publish any announcement that a consultation was taking place, nor details of how to submit comments.

Ana Colovic-Lesoska, Executive Director, Eko-svest – ‘The EBRD and EIB claim not to finance projects which are not in line with national law. Yet when the North Macedonia government violated basic legal requirements during the environmental assessment process for the gas pipeline, they turned a blind eye. We are confident that the Energy Community Secretariat will confirm our allegations of a legal breach and require the public consultation process to be repeated properly’.

 

Contacts

Pippa Gallop

Southeast Europe Energy Policy Officer, CEE Bankwatch Network

pippa.gallop@bankwatch.org

+385 99 755 9787

 

Ana Colovic Lesoska,

Executive Director

Center for environmental research and information Eko-svest

ana@ekosvest.com.mk

+38972726104

 

Notes for editors

  1. Formerly National Energy Resources
  2. Information about the loans and grants for the project can be found at:

EIB: https://www.eib.org/en/projects/all/20180836

WBIF: https://www.wbif.eu/investmentgrants//WB-IG04-MKD-ENE-01 

EBRD: https://www.ebrd.com/work-with-us/projects/esia/regional-gasification-project.html (loan amount and approval date not yet published). 

Renewables boost much-needed, but weakening of environmental safeguards inexcusable

Reaction to today’s European Parliament vote on the Renewable Energy Directive

The amended directive includes controversial measures exempting renewable energy projects in so-called ‘renewables acceleration areas’ from being subject to project-level environmental impact assessments – and the accompanying public consultations – under certain conditions. This includes highly damaging projects such as forest biomass or hydropower plants. 

The new rules also see all renewable energy projects presumed to be of ‘overriding public interest and serving public health and safety’, making it easier to build damaging projects in protected Natura 2000 sites and rivers in good condition.

The changes benefit only renewables projects causing significant environmental harm, as low-impact ones anyway do not require full environmental assessments and can be built in Natura 2000 sites. 

Currently, only if a project is likely to significantly harm a Natura 2000 site it is generally not allowed to go ahead. There are exceptions, which should be used sparingly. But the new changes make the exceptions into the rule by presuming that renewables are of ‘overriding public interest’.

Pippa Gallop, Southeast Europe Energy Policy Officer at CEE Bankwatch Network – ‘Sustainable forms of renewable energy undoubtedly need to further speed up in the EU, but scapegoating environmental safeguards is unnecessary, unjustifiable and counterproductive – the biodiversity and climate emergencies must be tackled together.’

‘The amended Directive does tackle some of the real barriers to renewables such as poor spatial planning, lack of digitalisation and understaffing of permitting authorities, but undermining environmental and public participation safeguards is likely to increase public opposition to projects, not decrease it. There are still plenty of low-hanging fruits that need to be picked instead, such as introducing a legal requirement to install solar on new buildings.’  

Andrey Ralev, Biodiversity Campaigner at CEE Bankwatch Network – ‘The new rules undermine decades of hard-won EU environmental safeguards and would be a step backwards in the mission to halt and reverse nature loss by 2030. The revised directive allows more projects to go forward in areas where they should be prohibited, such as Natura 2000 sites with priority species, rivers with good water status, and areas crucial for bird populations.’

Campaigners also highlight the negative precedent set by the legislation for other sectors. The European Commission’s proposal for a Critical Raw Materials Act, for example, also contains similar provisions on ‘overriding public interest’ for ‘strategic projects’ in the mining sector. [1]

[1]  Article 7 of the European Commission’s proposal for a Critical Raw Materials Regulation, 16 March 2023.

Contacts:

Pippa Gallop
Southeast Europe Energy Policy Officer
CEE Bankwatch Network
pippa.gallop@bankwatch.org
+385 99 755 9787
Skype: pippa.gallop

Complaint filed against EBRD: labour rights violations, land grabs and exploitation at cotton producer Indorama Agro in Uzbekistan

Berlin, September 5, 2023 – Indorama Agro is in receipt of loans from EBRD and the International Finance Corporation (IFC) totaling USD 130 million to modernize cotton production. The complaint comes after multiple reports from Uzbek Forum and local communities of violations across Indorama Agro’s operations in Syrdarya and Kashkadarya regions of Uzbekistan were communicated to Bank staff and company management over two-and-a-half years but resulted in no tangible improvements. 

Uzbek Forum has interviewed dozens of workers and farmers who have reported the loss of livelihoods caused by illegal land confiscations, lack of access to land, mass redundancies and abuse of labour contracts, as well as attempts to dismantle the trade union. Furthermore, farmers contracted to deliver cotton to Indorama Agro complain of delayed payments for the cotton they have delivered and exploitative contracts that include no minimum price for their cotton.

Workers and stakeholders who speak out, risk retaliation and intimidation. Following interviews with Uzbek Forum monitors, farmers and workers have been interrogated by security service officials and warned against speaking to “international organizations”. 

 “The Indorama Agro project has caused immense harm to local communities since its inception. Farmers’ land was unilaterally transferred to the company without prior, informed consent or compensation. Instead, farmers were given unfulfilled promises of full-time employment and are now struggling to feed their families,” said Umida Niyazova, Director of Uzbek Forum for Human Rights. “Despite all the rights abuses we have reported, EBRD this year awarded the company a further loan of $25 million. Where is the due diligence?”

“The EBRD approved the project despite numerous reports of human rights violations. The Bank failed to effectively assess the project’s environmental and social impacts and ensure meaningful stakeholder engagement required by the Bank’s standards,” said Nina Lesikhina, Policy Officer at Bankwatch. “The EBRD ignored contextual risks associated with Uzbekistan’s cotton sector, resulting in harm to local communities. We expect IPAM to hold the Bank to account and ensure that adequate remedy is provided.”

Background

Indorama Agro is a part of the Singapore-registered Indorama Group, a global chemical and fiber conglomerate that was established to produce wheat and cotton in 2018 by decree of the government of Uzbekistan. 

Indorama was also the subject of a complaint filed by Uzbek Forum on behalf of cotton pickers to IFC in 2016 relating to child labour in its operations at Indorama Kokand Textile in Fergana region. Nonetheless, Indorama continues to receive loans from other banks, including the Asian Development Bank (ADB) which recently awarded the company USD 15 million for Covid-recovery and climate change mitigation.

 

For press enquiries:

Umida Niyazova, Uzbek Forum for Human Rights (English, Uzbek, Russian)

umida.niyazova@gmail.com

Nina Lesikhina, Bankwatch Network (English, Russian)

ninalesikhina@bankwatch.org

 

For more background to this case, see:

Uzbek Forum, May 17, 2021, Will Indorama Agro Stand in the Way of Uzbekistan’s First Independent Trade Union?: https://www.uzbekforum.org/will-indorama-agro-stand-in-the-way-of-uzbekistans-first-independent-trade-union/

Sourcing Journal, February 14, 2023, Controversy Rocks Better Cotton’s Uzbek Program: https://sourcingjournal.com/topics/labor/better-cotton-uzbekistan-indorama-agro-labor-rights-farmers-union-collective-bargaining-417230/

Bankwatch Network, January 26, 2021, Pulling the ‘cotton’ over Uzbek eyes at latest EBRD investment: https://bankwatch.org/blog/pulling-the-cotton-over-uzbek-eyes-at-latest-ebrd-investment

Joint Statement Regarding the Establishment of an Independent Trade Union in Uzbekistan, March 26, 2021:  https://www.uzbekforum.org/joint-statement-regarding-the-establishment-of-an-independent-trade-union-in-uzbekistan/

Ozodlik, December 15, 2022, Farmers: The cluster has enslaved us (Uzbek): https://www.ozodlik.org/a/32176667.html

RFE/RL, March 27, 2021, Celebrations Over Uzbekistan’s First Independent Union Cut Short By Threats, Harassment: https://www.rferl.org/a/uzbekistan-trade-union-agricultural-workers/31172316.html

Ozodlik, May 21, 2021, Indorama Agro workers dissatisfied with reduction of wages organized demonstration (Uzbek): https://www.ozodlik.org/a/oyliklar-qisqarganidan-norozi-indorama-agro-ishchilari-betonka-da-velonamoyish-uyushtirdi-(video)/31265705.html