Today at the meeting of the Standing Committee of the Convention on the Conservation of European Wild Flora and Fauna and Natural Habitats (Bern Convention), which was held from November 28 to December 2 in the Council of Europe, Strasbourg, France, a decision was made to open the case and adopt the Recommendations for Bosnia and Herzegovina, which were proposed by an independent expert, prof. Dr. Gregory Egger, an expert in hydrobiology and aquatic ecosystems from Austria, which refers to the concrete steps taken by the authorities in order to urgently protect the environment and biodiversity in the upper part of the Neretva river.
On the agenda of this year’s meeting was the continuation of the appeals procedure that the Center for Environment and the Aarhus Center in Bosnia and Herzegovina, as members of the Coalition for the Protection of the Rivers of Bosnia and Herzegovina, initiated during 2020, when together with the organizations Riverwatch, EuroNatur, CEE Bankwatch Network and ClientEarth filed a complaint against Bosnia and Herzegovina for violating the Berne Convention.
Among other things, the reasons for this appeal were the complete absence of a cumulative harmful impact of all the planned facilities on the high-value biodiversity that abounds in the upper course of the Neretva, which is a candidate as an Emerald site for which, according to international obligations, the state of Bosnia and Herzegovina had to provide an adequate protection regime.
The specific disputed projects are: HPP “Ulog”, System “Gornja Neretva” (Phase I and Phase II – 7 small HPPS) on the territory of the RS, as well as HPP “Bjelimići”, PHP “Bjelimići” and HPP “Glavatičevo” on the territory of FBiH, all planned in the upper part of Neretva river.
The opening of the case was directly supported by Germany, Luxembourg and Austria, as well as the organizations Riverwatch, CEE Bankwatch Network and ProNatura. None of the representatives of the delegates was against the opening of the case and the adoption of the Recommendation for Bosnia and Herzegovina. And, after deciding on the opening of the case, the session was concluded with the adoption of amendments to the recommendations, which Germany proposed in order to remove potential ambiguities regarding the content of obligations for the responsible authorities in BiH. These amendments were also supported by the Standing Committee and all delegates, and were included in the official Recommendations for BiH.
Adopted Recommendations, among other things, with regard to projects on the territory of the RS, imply the official adoption of the proclamation of the “Upper Neretva” area as an emerald area, the adoption of regulations on ecologically acceptable flow based on scientific research, the prohibition of the so-called of the plant’s peak operating regime, specification of impact mitigation measures for endangered natural habitats, prohibition of stocking as a measure to compensate for negative impacts, provide monitoring measures for affected species and habitats. Certainly the most important recommendation is the one that refers to the suspension of the construction of HPP “Ulog” until the moment of full implementation of the aforementioned recommendations, as well as the suspension of further planning and implementation of both phases of the HPP “Gornja Neretva” project, as well as projects planned on the tributaries of the upper Neretva, as well as disputed facilities on the territory of the FBiH, and the ban on the realisation of all hydropower plans in the emerald areas in BiH and the establishment of a focal point for the Bern Convention at the state level.
“In the expansion of hydropower projects, we notice that the legally prescribed procedures are often not followed and the wider picture of the impact of such projects on nature is not observed. We cannot remain silent on all the pressures on nature that have overwhelmed our country in recent years. With this planning and approach, the most valuable natural pearls of our country, such as the Sutjeska National Park, with the planned hydropower facilities within the park (which we also fought against), but also the areas nominated for the Emerald network or planned by national strategies for protected natural resources, were not left untouched. Unfortunately, the interest of capital and power is faster and stronger than the protection of nature, and if we see that our institutions are not able to control all these processes, it is necessary that we engage as citizens’ associations, involve the general and professional public and defend the valuable natural assets of our country. The complaint addressed to the Berne Commission is one of the legitimate ways of this fight in the interest of the citizens of Bosnia and Herzegovina and the preservation of the nature of our country,” said Aleksandra-Anja Dragomirović, vice president of the Center for the Environment.
Redžib Skomorac, legal advisor at the Center for the Environment and Emina Veljović, executive director of the Aarhus Center, personally represented the interests of the appellant in Strasbourg. The opposite side also participated, representatives of the responsible authorities from the Republic of Srpska, while the participation of representatives of the Council of Ministers of BiH or representatives of FBiH was absent.
Redžib Skomorac, legal advisor of the Center for the Environment, during his address at the session before the Standing Committee, among other things, stated the following: “Contrary to the insistence of the representatives of the Republic of Srpska, it is necessary to point out and understand that, HPP ‘Ulog’ is not from of vital interest to the state of Bosnia and Herzegovina, because Bosnia and Herzegovina, as a full member of the Council of Europe, cannot allow or afford further violations of the Berne Convention. We support every good intention of the competent authorities regarding the protection of the upper reaches of the Neretva, but we point out that the declaration of the area as protected according to the regulations of one of BH entities is not enough, since such protection evidently foresees that the disputed projects remain in place. Therefore, adequate protection of the upper Neretva can only be achieved through the consistent implementation of the Bern Convention and protection through the Emerald Network, which the appellant’s representatives will continue to insist on.”
“The opening of the case is a truly important precedent and a big step for our country in relation to the more efficient implementation of the Bern Convention. The non-governmental sector gave more than its maximum so that the Upper Neretva would really be an official Emerald site, i.e. an emerald area in accordance with the convention. On the opposite side, we have heard the deafening silence of the representatives of the state of Bosnia and Herzegovina and FBiH, and about which the representatives of other states were openly surprised during the committee meeting. Of course, the representatives of the Republic of Srpska tried to lobby for the positive aspects of HPP “Ulog” and other projects, regardless of the consequences for Upper Neretva. But other states , members of the Bern Convention, after our presentations and active lobbying were able to see that this is truly an emerald river that must be urgently protected, and they unanimously supported us. Now it is up to all the governments of BiH to do the same,” points out Emina Veljović, executive director of the Aarhus Center in Bosnia and Herzegovina.
Due to the urgency of the case and the cumulative appeal allegations, the Standing Committee, in this particular case, ordered the immediate implementation of an expert mission on the ground, which was successfully completed at the end of October this year, based on which recommendations were made and the opening of the procedure was decided.
We expect the competent decision-makers in Bosnia and Herzegovina to be guided by the recommendations adopted by the Council of Europe and to implement them without delay, since the Permanent Commission invited the representatives of BiH to already at the next meeting of this body, which is scheduled for April In 2023, to submit their first Report on the implementation of the Recommendation.
Recommendation is available on this LINK.