Bosnia and Herzegovina will participate in the cross-border environmental impact assessment procedure for the planned radioactive waste disposal center on Trgovska Gora, thereby gaining the right to view the complete documentation, submit comments and public participation, while expert research conducted in the Federation of BiH shows that this location is not suitable for such a purpose.
At the same time, legal experts warn that Croatia made the decision on the location before the environmental impact assessment was completed, which could have an important impact on the further course of the project and the procedures initiated by BiH before international bodies.
The cross-border assessment opens up space for comments and public participation
Bosnia and Herzegovina has officially informed Croatia that it intends to participate in the environmental impact assessment process for the construction of a long-term storage facility for low- and medium-level radioactive waste from the Krško Nuclear Power Plant, as well as institutional radioactive waste, at the Čerkezovac site on Trgovska Gora, in the Croatian municipality of Dvor.
In June, the Croatian Ministry of Environmental Protection and Green Transition informed Bosnia and Herzegovina about the initiation of the procedure and requested an answer as to whether it would like to participate in cross-border consultations in accordance with the Espoo Convention.
The BiH institutions replied that the Croatian notification was unclear, incomplete and untimely, and that the procedure was not conducted in accordance with Espoo and other international conventions.
It was requested that the procedure be returned to an earlier stage, that Croatia submit relevant information and documentation, and that the two countries form a joint body or conclude a special bilateral agreement.
Croatia has not yet submitted an environmental impact study or supporting documentation to Bosnia and Herzegovina. The study is expected in the last quarter of this year, after which consultations and public discussions should follow.
BiH gets the right to documentation, comments and public hearings
Nemanja Galić, a member of the legal team for the development of a strategy for the legal protection of the interests of BiH, explained that by entering the proceedings, BiH gets the right to access all information that is important for assessing the possible consequences of the project on its territory.
“Croatia is now obliged to submit relevant documentation and additional information, especially those related to possible cross-border effects. BiH has the right to submit comments, remarks and suggestions, primarily in relation to the environmental impact study,” said Galić.
He added that public hearings should be organized on the territory of Bosnia and Herzegovina and that BiH citizens must be given the same opportunity to participate as the public in Croatia, including access to relevant documentation.
Disputed order of decisions
According to him, the key problem is the order of Croatia’s moves, because the decision on the microlocation of the facility was made before the completion of the environmental impact assessment.
“Croatia first made a decision on the exact location of the facility, and only then approached Bosnia and Herzegovina. Such a way of acting renders the environmental impact study meaningless, as well as the cross-border consultations themselves,” stated Galić.
He pointed out that the impact assessment should have preceded the decision on the location, and not be carried out after the location has already been determined.
Galić believes that such behavior may represent a violation of the Espoo Convention, other rules of international law, European Union regulations, and Croatian legislation.
“As the deadline for taking over the waste approaches, it is increasingly obvious that Croatia made the final decision well before the end of the study. Those omissions can affect the further course of the procedure,” he said.
Reports and studies: Trgovska gora is not suitable for this purpose
The Federal Ministry of Environment and Tourism confirmed that it participated in the preparation of a joint response to Croatia together with the Ministry of Foreign Trade and Economic Relations of Bosnia and Herzegovina, the competent Ministry of the Republic of Srpska and the Expert and Legal Team.
The position of the Federation of BiH, as stated by the Ministry, is fully harmonized with the positions of other competent institutions in BiH.
The answer was formally delivered to the Croatian side by the Ministry of Spatial Planning, Construction and Ecology of the Republic of Srpska, as it is the contact institution of Bosnia and Herzegovina for the implementation of the Espoo Convention. The Federal Ministry of Environment and Tourism is the contact institution of BiH for the Aarhus Convention.
The Federal Ministry stated that as early as 2019, research into possible consequences of the project on the environment, water, population health and protected areas in the Federation of Bosnia and Herzegovina was started.
The Federal Hydrometeorological Institute, the Federal Agropedological Institute, the Federal Institute of Geology, the Institute of Public Health of the Federation of Bosnia and Herzegovina and the Sava River Water Area Agency are involved in the research.
“All prepared reports confirm that the location of Trgovska gora is not suitable for the establishment of a center for the disposal of radioactive waste,” the Ministry stated.
The reports and studies were adopted by the Government of the Federation of BiH, and research is still being conducted.
A special concern concerns the proximity of the Una National Park, which is home to numerous protected and endangered species and their habitats. Federal institutions previously warned that the area should become part of the European network of protected areas Natura 2000.
International mechanisms and next legal steps of BiH
Because of Trgovska Gora, Bosnia and Herzegovina is already conducting activities before several international bodies. Submissions were sent to the bodies of the Espoo, Aarhus and Berne Conventions, the Sava and Danube Commissions, as well as the European Commission.
Before the Committee for the Implementation of the Espoo Convention, a discussion of the delegations of BiH and Croatia was held in Geneva in May, while in the framework of the Aarhus Convention it was pointed out that the public in BiH was not provided with adequate access to information or full participation in decision-making.
Galić believes that these mechanisms, although they are not classic court procedures, can have a significant impact on Croatia and the implementation of the project.
As he stated, the European Commission has a special role, which can initiate proceedings against Croatia before the Court of Justice of the European Union.
“The opinions of international bodies have great weight and are respected in practice. If the focus remains on legal and not on political issues, the chances of BiH to achieve concrete results increase,” he said.
In this case, BiH acts in accordance with the Legal Protection Strategy adopted by the BiH Council of Ministers in 2022.
Galić explained that it is not easy to initiate proceedings against Croatia before the International Court of Justice or international arbitration, as this requires an agreement whereby both countries would accept the jurisdiction of such a body.
However, as he stated, this does not mean that BiH’s legal options have been exhausted.
“We are currently preparing more activities. If Croatia continues the project despite the well-founded opposition of BiH, further legal actions will be taken in accordance with the strategic guidelines,” he said.
The alternative remains waste disposal closer to the place of origin
Evaluating the possibility of a complete suspension of the project, Galić said that it is still too early to give final estimates because the environmental impact study has not been published.
Nevertheless, he believes that BiH’s moves so far have already produced certain results, primarily the slowing down of the project.
With its failures, Croatia has significantly increased BiH’s chances for success before international bodies – he emphasized.
As the most reasonable alternative, he stated the possibility of the radioactive waste remaining in Slovenia, where it was created, that is, as close as possible to the source of its creation.
According to him, such a solution would be more acceptable for the citizens of Bosnia and Herzegovina and for the population of Croatia living near the planned center, Fena writes.
