If Croatia does not abandon the construction of the landfill at Trgovska gora, a court dispute is possible!

Minister of Spatial Planning, Construction and Ecology of Republika Srpska Srebrenka Golić, as the competent authority for the implementation of the ESPOO Convention and the SEA Protocol for Bosnia and Herzegovina, is participating in the conference on environmental impact assessment in a transboundary context and the Protocol on Strategic Environmental Impact Assessment, held at the Palace of Nations in Geneva, under the auspices of the United Nations, from April 11 to 15, reports the BiH news agency Patria.

This event is of exceptional international importance because it should further promote a strategic approach to environmental impact assessment in a transboundary context.

Golić, within the discussion on the application of the SEA Protocol, informed the parties to the convention and the members of the Protocol about the application of the ESPOO Convention and the SEA Protocol by Croatia towards BiH as the affected country during the preparation and adoption of strategic documents related to the potential construction of a landfill for radioactive and spent nuclear fuel at the Trgovska gora site, in the municipality of Dvor in Croatia, in close proximity to the border with BiH.

- I took the opportunity to inform the convention members, as well as the international public, that the Republic of Croatia adopted the Strategy for the management of radioactive waste, spent sources, and spent nuclear fuel back in 2014, which resulted in the obligation to prepare a National Program for the implementation of the Strategy, which establishes the framework for the establishment of a radioactive waste management center, and that in 2015, the Republic of Croatia began activities to select a site for the construction of a low and intermediate-level radioactive waste landfill. Given that it concerns the selection of a site for a radioactive waste landfill, it was determined that it is a project from Annex 1 of the SEA Protocol, as well as a project with a potentially significant transboundary environmental impact, which implies notification of the affected party.

Golić informed the conference participants about the reasons on which the fact of a potentially significant environmental impact on Bosnia and Herzegovina is based, which are well-known to our public: The Trgovska gora site is located in close proximity to the border with Bosnia and Herzegovina, less than 3 km from the border, the area in close proximity is inhabited and has about 230,000 inhabitants, the site is rich in watercourses that represent the central catchment area towards the Una River and municipalities along the Una River, and the catchment area towards the Kupa River and municipalities along the Kupa River. The Trgovska gora site is characterized by watercourses used for drinking and household purposes, land irrigation, and tourist facilities.

Given its geological structure, the Trgovska gora area is water-permeable, with poor seismological characteristics (6th and 7th seismic zones) with strong vertical and horizontal faults. All these data were obtained from experts from the period when the claims about the possible realization of such a project at Trgovska gora were first published.

During the mentioned period, the Republic of Croatia did not inform the competent institutions in Bosnia and Herzegovina about the procedures carried out in 2014 and 2015.

- The failure of the Republic of Croatia to act in accordance with Article 10 of the Strategic Assessment Protocol resulted in the adoption of decisions opposing the construction of this landfill at Trgovska gora by all levels of government in Bosnia and Herzegovina. The Republic of Croatia only submitted a notification about the initiated Strategic Assessment procedure for the National Program for the implementation of the Strategy in the second half of February 2016, and Bosnia and Herzegovina declared that as the 'affected party' it wishes to participate in the procedure.

The fact that it is a location in close proximity to the border with Bosnia and Herzegovina, which furthermore does not have a nuclear power plant and does not have its own spent fuel waste, makes such a decision by the Republic of Croatia particularly unacceptable, especially since it is not known that a similar case has been recorded anywhere in the world - says Golić.

Golić appealed for influence to be exerted to reconsider the decision of the Republic of Croatia regarding the selection of the Trgovska gora site for a landfill of this type of waste, and the very fact that the Convention Secretariat, in addition to a number of transboundary issues among member states, included this case on the agenda, gives us the right to expect international assistance and mediation in the peaceful resolution of this situation.

- In discussions with the leaders of the Convention, after explaining our position as the affected country, it was pointed out that the competent institutions responsible for representing BiH in international relations should formally address the Implementation Committee under the ESPOO Convention at the Palace of Nations in Geneva. This is the only body competent to assess and analyze the application of the Convention and the SEA Protocol by the Republic of Croatia - says Golić.

If Croatia, as a party, despite BiH's opposition, claims that the radioactive waste landfill does not affect the life and health of the citizens of the affected country, BiH can submit a request to the Convention Secretariat in Geneva to determine the existence of an impact.

- If there is a misunderstanding regarding the application of the convention, the parties should seek a solution by agreement; if there is no agreement, we will seek justice before the International Court of Justice - said Minister Golić.

The delegation includes Assistant Minister for Ecology Svetlana Radusin and Director of the Fund for Environmental Protection and Energy Efficiency of Republika Srpska Srđan Todorović.