While the Montenegrin authorities have not determined in eight years whether the artificial lake that would be created by building a dam in the Republic of Srpska will overflow into the territory of Montenegro, the construction of the "Buk Bijela" is being smoothly prepared on the Drina river in the vicinity of Foča.
The Montenegrin Commission for the Evaluation of the Environmental Impact Assessment Study pointed out in April 2013 that the projected elevation of the dam, with a normal elevation of 434 meters above sea level (msl) and the elevation of the terrain at the border of 432,37 m asl, clearly show that the reservoir of HPP "Buk Bijela" overflowed into the course of the Tara and covered the territory of Montenegro, which is why additional measurements are needed.
She, according to the findings Center for Investigative Journalism of Montenegro (CIN-CG), have not been done to date.
Preparations for construction have not been slowed down by complaints to courts and international institutions, before which ecologists from both sides of the border, together with the Montenegrin state, are united, claiming that the rules are being broken and that there will be a harmful impact on the environment.
Tara and Piva near Ščepan Polje form the Drina, which further, to the Sava, collects the waters of the rivers of the Black Sea basin.
The construction of the dam for the 93 megawatt (MW) power plant, for which the foundation stone was ceremonially laid at the beginning of May, will cost around 220 million euros, and it is financed by the electricity companies of Serbia and Republika Srpska.
The Vice President of the Government of Serbia and the Minister of Mining, Zorana Mihajlović, said that it is planned to build "Buk Bijela" in four years, and the Minister of Energy and Mining, Petar Đokić, announced an increase in the installed power to 115 to 120 MW.
After "Buk Bijela", the construction of two more smaller HPPs, Paunci and Foča, is planned, and the entire project is worth around 520 million euros.
Bosnian and Montenegrin non-governmental organizations, joined by the Montenegrin government, claim that a new analysis of the impact of dam construction on the environment must be done and the provisions of the Convention on Environmental Impact Assessment in a Cross-Border Context (Espoo Convention) must be respected.
As they point out, the existing impact assessment from 2013 was made on the basis of outdated data, which are not relevant for the current situation. In the complaints of the Montenegrin state and non-governmental organizations, it is also emphasized that the cross-border consultations from 2012, as well as those from 2019, were not carried out in accordance with the provisions of the Convention, and that the renewed environmental permit is invalid.
The Implementation Committee of the Espoo Convention in Geneva should decide whether Republika Srpska respected the necessary procedures, whether this process was done in accordance with European rules, and make recommendations.
According to the last report of the Committee from May, this topic could be discussed at the meeting in February next year, after all the necessary data and clarifications from Montenegro and Bosnia and Herzegovina have been collected.
In May of last year, the complaint was submitted jointly by the Bosnian NGOs Center for the Environment and Resurni Aarhus Center and Montenegrin Green Home and Ozon. Half a year later, on the initiative of Green Home, the state of Montenegro joined.
Non-governmental organizations from Bosnia and Montenegro, according to CIN Montenegro, filed a complaint to the European Energy Community (EnCom) against Bosnia and Herzegovina at the end of June, due to non-fulfillment of the obligations assumed in the construction of these HPPs.
In the appeal, which CIN CG had insight into, it is emphasized that BIH violated numerous directives related to energy and environmental protection.
The Aarhus Resource Center has also reached the Supreme Court of the RS, requesting that the environmental permit for construction be annulled, while the Constitutional Court of Bosnia and Herzegovina should decide on the request of 24 members of the Federation Parliament, who request the suspension of the project.
Although the Bosnian entity behaves rather uninterested in this case, and there is practically no communication between Podgorica and Banja Luka about this project, the central authorities of BiH are also against the construction, claiming that the RS cannot independently make such decisions.
In addition, in 2017, the RS authorities signed a memorandum according to which the Chinese company China National Aero-technology International Engineering Corporation (AVIC ENG) will build the dam.
The President of the United States of America, Joe Biden, at the beginning of the month, put this Chinese company on the black list of prohibited companies in that country for security reasons.
Spokesperson for the RS Ministry of Spatial Planning, Construction and Ecology, Gorjana Rosić, claims for CIN-CG that there is no need for new assessments, as there have been no changes to the conditions under which the previous permit was issued in 2013, and that Montenegro has been informed of everything.
The use of Piva energy began in 1976 with the commissioning of the HPP of the same name, with an installed capacity of 342 MW, when it was planned to build two more power plants - "Buk Bijela" and "Komarnica". They were supposed to be about four times stronger than the current projections.
After the adoption of the Declaration on the Protection of Tara in 2004 in the Montenegrin Parliament, which prohibits all works in the UNESCO-protected canyon, the joint construction of "Buk Bijela", planned by Montenegro and Republika Srpska, was abandoned. Now the construction of smaller HPPs in Gornja Drina in the RS, as well as "Komarnica" and "Kruševa" in Montenegro, is actualized.
Stop construction and do a new impact assessment
Nina Kreševljaković, advisor at the Resource Aarhus Center, pointed out that only local authorities and the court have the right to stop the project.
"However, by adopting the appeals by Espoo and EnCom, it would be determined that the Convention and the Agreement were violated by approving the project, and the authorities of the RS would be obliged to repeat the procedure and prepare a new study, in order not to continue to violate their international obligations," she explained. is she.
This NGO is conducting two proceedings before the Supreme Court of the RS to review the judgments of the Basic Court in Banja Luka, which rejected the lawsuits against environmental permits for HPPs "Buk Bijela" and "Foča".
"We expect that the Supreme Court will appreciate our allegations and make a decision that will annul the disputed verdicts. Unfortunately, the proceedings before the Supreme Court are quite lengthy, so we hope that the final decisions will be made by the end of the year", said Kreševljaković.
Her colleague from the Montenegrin Green Home, Nataša Kovačević, expects that the construction of the HPP will be suspended, while all the facts related to possible negative impacts on the environment and biodiversity of Tara, which, she reminds, is protected as a national park, UNESCO natural heritage and potential Natura 2000 area.
In the complaint of non-governmental organizations, it is explained that the development of the project for the construction of HPP "Buk Bijela", in a smaller capacity, began in 2012, when the environmental impact assessment procedure was conducted. After it was concluded that the project would not have a significant negative cross-border impact, Montenegro initiated cross-border consultations.
"However, further exchange of information between the two parties did not continue. Competent authorities in
Montenegro came to know that the construction of the project has been stopped, while the competent authorities in
The Republika Srpska did not subsequently demand the official position of Montenegro, nor did they inform them about
final decisions on the project", the complaint of the non-governmental sector reads.
In this document, it is also pointed out that the period of validity of the environmental permit was determined for five years, and that the investor was obliged to submit a request for the renewal of the permit three months before its expiration. However, it added, the request for license renewal was submitted 20 days later. The RS Ministry, in May 2018, nevertheless issued a decision on the renewal of the environmental permit. That it violated the regulations was confirmed by the judgment of the District Court in Banja Luka in May 2019, so the renewed environmental permit was canceled. This is one of the procedures led by the Bosnian Aarhus Center.
Although Montenegro expressed its intention, the complaint adds, to participate in the new cross-border procedure as a potentially vulnerable party, the Ministry of the RS continued the procedure for issuing an environmental permit, without conducting a new procedure for environmental impact assessment.
"The obligation to notify and initiate a new environmental impact assessment procedure is inevitable. The passage of time of 7-8 years between the preparation of the Environmental Impact Study of the given plant and the issuance of the environmental permit is unacceptable", the appeal of the civil sector to the Espoo Convention Committee points out.
In the meantime, it is explained in the appeal, there have been important changes - at the very location of the project, in the legal framework, but also changes in the basic ecological assumptions.
The 2012 impact assessment study, as well as the evidence attached to the 2019 environmental permit application, the appeal concludes, are based on incomplete and outdated information that does not fully cover the impact on flora and fauna.
A study published in 2015 also emphasizes the importance of the Drina and its main tributaries, Lim and Tara, as the longest habitat for the endangered "hucho hucho" trout, home to as much as 30 percent of the total population of that species of fish.
In the study conducted by prof. Dr. Steven Weiss from the University of Graz and prof. Dr. Predrag Simonović from the University of Belgrade, it was concluded that the construction project of HPP "Buk Bijela" would most likely have a negative impact on the ecosystem of the Tara river canyon, within the Durmitor National Park.
Tara is recognized as one of the six main habitats for "hucho hucho" in the Balkans, and one of the three most important points on the peninsula for endangered fish species in general.
The findings of this study indicate that the Tara canyon itself can provide very little habitat for spawning and rearing of some of the most important fish species, such as bream, grayling, trout and sablefish..., and therefore the fish have to migrate outside the canyon to reach suitable hatchery and completed their life cycle.
The study was carried out as part of the "Save the Blue Heart of Europe" campaign, launched by international environmental organizations in 2012, to protect the most valuable rivers in the Balkans from the construction of more than 3.000 planned hydroelectric plants.
Dilemma of elevation on the border
And the State Secretary for Ecology in the Government of Montenegro Danilo Mrdak points out that a precise geodetic measurement must be done in order to determine the exact elevation of the river's surface at the border, i.e. the level of the coast at the point where Tara and Piva meet.
He explains that if the elevation of the river bottom is 432 at the border, where the depth of the river is about two meters, then this elevation of 434 means that the water reaches the border and will not submerge further.
"If not, then surely the lake will be able to enter some 100-200 meters", he explains.
This, he adds, can possibly happen when there are heavy rains, when the inflow of water at the dam is greater than it can receive.
"Then there would be an overflow, these are extreme cases, but I certainly don't want to leave that possibility," said Mrdak.
He adds that it should have been done earlier, but claims that it is not too late now, that these are simple geodetic surveys, which last two or three days, and that he will initiate it in agreement with the Government.
"To determine unequivocally what is the elevation that guarantees us that when the maximum water levels of the dams overflow, the lake will not enter even a meter into our territory", he pointed out.
"If we determine that this is the case, we should try direct communication to see if it is possible to lower the level of the maximum overflow, to lower those windows by half a meter or a meter. It is best to agree with the neighbors," said Mrdak.
He explains that whether the power will be 93 or 120 MW does not change anything and does not affect Montenegro.
Mrdak, however, unlike his colleagues who did the mentioned study, says that the artificial lake can only have a good effect on the fish in the Montenegrin territory, and that it will provide them with refuge and salvation and that they will not be able to poach there, as now Tara.
"The fish will go upstream from there to spawn, which has a positive effect for us. It can happen that there is a larger amount of fish. The best example is Plavsko jezero, where the entire population of fry has recovered and they are now coming out to Lim to spawn. The lake will have a good effect on the fish population upstream, it will have a negative effect downstream, that is already a matter of their assessment", says Mrdak.
Kreševljaković states that, according to the Environmental Impact Study from 2012, the maximum elevation of the reservoir will be 434 meters above sea level, i.e. the same as the normal elevation, while Montenegro claims that the altitude at the international border is 432,37 m.
"This means that the reservoir would still cover part of the territory of Montenegro," emphasized Kreševljaković.
Regardless, she points out that an impact on the Tara river canyon can certainly be expected, especially on the fish that live in it, because the area around the planned power plant most likely serves as a breeding ground for numerous species of fish that live in the Tara river canyon.
Nataša Kovačević says that the construction of the "Buk Bijela" hydroelectric power plant brings significant water modification and degradation of biodiversity in a length of 30 kilometers in BiH, while it is not clearly defined and presented what scale this impact will be on the territory of Montenegro.
She claims that the impacts on Montenegro have not been assessed in terms of possible accidents (large landslides, landslides, induced earthquakes due to the effect of water masses, water overflows from other hydropower plants, constitutional failures) and other cumulative impacts such as the consequences of climate change, extreme waters, and the like.
"The HPP Buk Bijela will lead to the fragmentation of the habitat of bream and other endangered fish species, which proves that the construction project of the HPP "Buk Bijela" would most likely have a negative impact on the ecosystem of the canyon of the Tara River, within the Durmitor National Park," Kovačević assessed.
Podgorica and Banjaluka in the game of deaf phones
In the complaint of the State of Montenegro to the Espoo Committee, it is stated that the Republic of Srpska did not consult them in the procedure for the construction of HPP "Buk Bijela", and that it thus violated the provisions of the Espoo Convention. They believe that the assessment study must be supplemented in order to give a final opinion on the impact of the construction on Montenegro.
Rosić, however, considers that the allegations about incomplete and outdated data on the impact on the flora and fauna of the area are unfounded, because, he says, they were obtained from professional institutions. He says that they implemented all the necessary procedures, and that they issued a new environmental permit for the current construction in December 2018 in accordance with the Environmental Protection Act.
"Given the fact that until the submission of the application for the issuance of the environmental permit, activities on the construction of the building had not been started, nor had the conditions regarding the location and the project changed, the procedure for issuing a new environmental permit was started," she states.
During the submission of the application for the issuance of the environmental permit, as he claims, it was proven that the conditions under which the permit was issued in 2013 have not changed.
Rosić also emphasizes that, in the procedure carried out in 2012/2013, consultations were carried out with Montenegro and that the team from the RS accepted to hold a public hearing, but, as they say, the competent institutions from Montenegro canceled it and did not request a new hearing. appointment.
"Also, the competent authorities from Montenegro did not submit comments within the deadline, after which the environmental impact assessment procedure continued in accordance with the Environmental Protection Act. The official position of the competent authorities of Montenegro has not been submitted even after the deadline", the Ministry of the RS emphasizes.
Rosić clarifies that, as they did not receive the official position of Montenegro, they were not obliged to submit the final decision of the Ministry from the environmental impact assessment procedure.
On the other hand, the Montenegrin Ministry of Ecology, Spatial Planning and Urbanism emphasizes that it is necessary to carry out a new assessment of the impact on the environment in order to be able to form an opinion on the extent and what kind of impacts on the environment of Montenegro.
"Studies from 2012 cannot be considered relevant, because they contain outdated data on the state of the environment, and the issuance of a new environmental permit from 2019 represents a completely new procedure, which implies the implementation of cross-border consultations," said the representative of the Ministry, Brankica Cmiljanović.
Cmiljanović explains that on the basis of the opinion of the Commission for the Evaluation of Studies on Environmental Impact Assessment, which was formed in Montenegro, it was stated that HPP "Buk Bijela" will enter the territory of Montenegro with the planned elevation of normal deceleration. Also, then, he adds, it was pointed out that these studies from 2012 should be supplemented.
He will decide what he will do next, after the response of the Committee for the Implementation of the Espoo Convention.
Mitrović: There will be rafting, camps are a problem
Environmental activist Milorad Mitrović claims that the disruption of the microclimate will obviously have a negative impact on the territory of Montenegro, because it is not determined by state borders.
HE "Buk Bijela" will have less power and smaller dimensions than previously planned, he explains.
The cities of Foča and Goražde, he explains, will be located between two large hydroaccumulations and it is inevitable that the climate will be disturbed and that this will affect both the health of the population and biodiversity.
"How and to what extent this will be reflected and what the consequences will be, it is difficult to predict. Some significant research by eminent experts would have to be done", Mitrović assesses.
He says that the dams should not have an impact on the rafting in Montenegro, which usually ends at the formations. However, it will be a problem for the numerous camps that have been built from the border with RS to the bridge on the composition.
"There are dozens of already built rafting camps there, where people who rafted both the Tara and the Drina will be deprived. So, they will be able to raft the Tara to the structures and under the dam 10 kilometers from Foča to Goražde, which means that 50 percent of that territory will be taken by the HPP," he explains.
The president of NGO Breznica is not sure that any disputes can stop this process, "because the RS behaves as a sovereign and independent state, which disposes of its resources and territory without asking the Federation in any way".
He reminds that the laying of the foundation stone and the construction of the foundation for that hydroelectric power plant was done at the beginning of the 70s of the last century. At that time, the expropriation of a large part of the land was carried out and the construction of the road and numerous bridges and overpasses, which today stand as a monument to the intention to build the HPP, began.
Mitrović also states that in 2004, the NGO she heads came into possession of a document drawn up by the Government of the RS and Montenegro regarding the joint construction of HPP "Buk Bijela", where Montenegro undertook to give part of its territory in the length of 16 to 18 kilometers to sink in the most attractive part of Tara, in order to receive in return the right of first refusal to purchase electricity from that HPP at market prices.
Activists of "Breznica" were active participants in the protest against that construction, after which the Declaration on the Protection of Tara was adopted in the parliament.
EU: Espoo rules must be followed
The Delegation of the European Union in Montenegro told CIN CG, when asked about the possible endangerment of Tara and the ecosystem, that both countries are signatories to the Espoo Convention, and that in the event of a potential harmful impact of the construction of hydroelectric power plants, the countries must contact that institution and respect the European rules in that process.
Đukanović: It will beautify the environment
The President of the Board of Elektroprivreda Milutin Đukanović told CIN CG that he fully supports the construction of these hydropower plants in the RS and that it is an excellent project.
"Whoever thinks that the construction of these HPPs will harm the Tara River or the environment has no idea about this project, I think it will only beautify the environment. I think that this project is very correct, and the reasons for opposing it can only be of a political nature", Đukanović assessed.
He adds that Montenegro is not involved in the construction and that there is no direct benefit from it, but that "we will build Komarnica and Kruševo, which will be compatible with this HPP on the Drina, and that from the energy aspect, if they were to work synchronously, everyone would benefit".
"Electricity must be produced and hydro potentials must be used, of course not at the expense of the environment," said Đukanović.
Pending decisions
The Supreme Court of the RS told CIN CG that they have not yet made a decision in the cases in which a Bosnian NGO is proceeding against the Ministry of the RS regarding the issuance of a permit for the construction of the "Buk Bijela" and "Foča" dams.
In the Constitutional Court of Bosnia and Herzegovina, the proceedings initiated by 24 deputies in that country are ongoing, asking the court to stop the construction of these dams, because according to them, this concession is invalid, because such decisions must be made at the level of the Federation, not entities. The Constitutional Court told CIN Montenegro that they have not yet made a decision in that case, but neither have they taken a temporary measure to stop construction.
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