EPA: Grit documentation submitted to prosecutor

The Agency for the Protection of Nature and the Environment (EPA) responded to the text of MANS and OCCRP "Poison route from Montenegro to Ukraine", which was published in "Vijesti" on January 28. We transmit the reaction in its entirety.

"EPA is aware that the Main Directorate of the National Police of Ukraine in the Kherson region is conducting the procedure under the number 120192300000000385. The contract between 'Valgo Montenegro' and 'VK Firma Arka' is an integral part of the notification for the export of non-hazardous waste in accordance with the Law on the Ratification of the Basel Convention on the Control of Transboundary movement of hazardous waste and their disposal (Official Gazette of the FRY, International Agreements, No. 2/99) submitted by the company Valgo Montenegro. Since this type of waste is on the 'yellow list' in accordance with the mentioned law, the Agency forwarded the notification about the planned export to the competent authority of Ukraine.

Please note that the Law on Waste Management (SLCG No. 64/11, 39/16) does not provide for the issuance of permits for the export of non-hazardous waste, which means that the EPA did not issue a permit for the export of this type of waste to the company 'Valgo Montenegro', as stated in the text . Given that the company in question is registered in the Register of Exporters of Non-Hazardous Waste pursuant to Article 82 of the Law on Waste Management, it has gained the opportunity to export non-hazardous waste.

We also inform the public that the EPA is not responsible for the characterization and classification of waste. The characterization and classification of waste is performed by an authorized laboratory, which in the case in question is the Center for Ecotoxicological Testing of Montenegro.

All documentation related to this issue, which is in the possession of the Agency, has been made available to the Basic State Prosecutor's Office and the Ministry of Ecology, Spatial Planning and Urbanism of Montenegro.

At the insistence of the implementation unit, which monitors the implementation of the soil remediation project at the Bijela shipyard location, which is being implemented with a World Bank loan, the grit from Porto Montenegro was physically separated from the grit from the Bijela shipyard, so their mixing could not occur. After learning about the possible connection of the company 'Valgo' with illegal actions in another country, the EPA informed the World Bank about it in December 2019 and pointed out that if the responsibility of the company 'Valgo' is established in the matter in question, this could have an extremely negative impact. to the remediation project in Bijela, since the contract with the contractor foresees the possibility of immediate termination if illegal behavior on the part of the contractor is determined. A number of video conferences were held with the World Bank, where it was agreed that the Agency would appoint a person who would collect data and documentation related to this issue and cooperate with the World Bank in order to investigate allegations that hazardous waste was exported to Ukraine. In connection with the allegations published in DN 'Vijesti', that the deadline for the execution of works at the Bijela shipyard has been extended until June 2021, we note that we have informed the public on several occasions that the deadline by which the contractor is obliged to complete the works is 30.06.2020. Therefore, the deadline for the completion of the works was not extended until June 2021, as stated in the research text. A significant breach of the deadline for the completion of works results in the collection of agreed fines. EPA is on July 1st. 2020, when the formal conditions were created, started the procedure in this matter, about which the Contractor was informed in a timely manner in accordance with the provisions of the Agreement. Also, immediately after the formation of the new Government, the Agency informed the Minister of Ecology, Spatial Planning and Urbanism about the status of this project.

In the coming period, the Agency will continue to systematically, continuously, timely and accurately inform the domestic and international public about all the Agency's activities, through the media, our web portal and other communication channels," it says in the response.