To 17.516/11.06.2009 The Prime Minister of Romania, Mr. Emil Boc

To
The Prime Minister of Romania,
Mr. Emil Boc
17.516/11.06.2009
The Government of Romania
Piata Victoriei nr. 1, sector 1, Bucharest
Prime Minister Emil Boc, we would like to draw your attention to the fact that the
Soros Foundation has filed a new application, no. 47/1999, for the declassification of the
Concession License of the gold and silver ore excavation in the Rosia Montana perimeter,
Alba county.
Several such approaches1 made by our foundation, since 2006, have been left
without an answer so far.
Recently, the press reflected declarations and opinions belonging to you („During
my mandate there will be no such classified contracts …")2 which make us believe that
you will support our application, since it is grounded on the democratic principles of free
access to the information of public interest, of decisional transparency and of respect of
the interests of Romanian citizens.
We believe that the documents and information listed in the attached
application– directed to the President of the Agency for Mineral Resources, Mr.
Gelu Agafiel MĂRĂCINEANU – are of public interest, and their declassification is
required due to three major reasons, according to the legal provisions:
a) They concern the exploitation of natural ore of the country, consequently
the valorification activities connected to these resources must take place so as to ensure
maximum transparency and not be against the national interest, according to the
provisions of the Romanian constitution;
b) The provisions of Law no. 544/2001, of Law 182/2002 and of the other two
applying Mining Laws (61/1998 and 85/2003), which state the categories of classified
information that are not free for public access, in relation to the constitutional provisions
regarding the access to information and the limitation of some rights and liberties, they
constitute limitations which do not exist in the fundamental law and are therefore
not allowed;
c) Given the exploitation area, the extraction technology based on the use of
sodium cyanide, implicitly the potential risk of damaging the environment, the
Concession License of the gold and silver ore excavation in the Rosia Montana perimeter
no. 47/1999 and the corresponding documentation contain data and information with a
significant impact on the environment; consequently, this information is regulated
by the legislation on environment protection and implicitly falls under the incidence
of the legal provisions guaranteeing free access to environmental information.
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2
http://www.soros.ro/ro/comunicate_detaliu.php?comunicat=82
http://stiri.rol.ro/content/view/193640/2/
As a consequence, we are asking you to take action, given your position of Prime
Minister of Romania, in the interest of all citizens of this country and take all legal steps
in order to start the required procedure for the declassification of this information and
documents.
We are looking forward to your answer at the address mentioned in the heading.
Yours sincerely,
Gabriel Petrescu,
Executive Director
Soros Foundation România
Attached: Copy of the application for declassification addressed to the President of the
National Agency for Mineral Resources dated the 03.06.2009, registered at
ANRM under no. 1363/03/06.2009
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To
The National Agency for Mineral Resources
Strada Mendeleev nr. 36-38, sector 1
010366, Bucharest
Romania
17.511/03.06.2009
To President Gelu Agafiel MĂRĂCINEANU
The undersigned Soros Foundation Romania, with offices in Bucharest, str.
Căderea Bastiliei nr. 33, Sector 1, duly represented by Gabriel Petrescu, acting as
Executive Director and by Ileana Musetescu, acting as Financial Director,
By virtue of Law no. 544/2001 on the access to information of public interest and
of art. 2, 3 and 33 of Law 182/2002 on the protection of classified information, of art. 31,
53, 136 par. 3 of the Constitution of Romania, of art. 3 par. 2 of Law 213/1998 on the
public property and its legal status and of art. I point 1 of its Annex, of Law 86/2000 on
the ratification of the Aarhus Convention on access to information, on the participation of
the public to decision-making and access to justice on environment issues, of the
Government Decision no. 878/2005 on the access of the public to information concerning
the environment,
We submit the present
APPLICATION FOR DECLASSIFICATION
Of the following information of public interest:
I. ANRM Order no. 202/2003 on the classification as official secret of the Concession
License for the exploitation of gold and silver ore in the Rosia Montana perimeter,
Alba county, no. 47/1999 (hereafter the “License”).
II. The documents and information on granting the License for the Concession
License for the exploitation of gold and silver ore in the Rosia Montana perimeter,
Alba county, no. 47/1999, and the Annex to the Government Decision no.
458/10.06.1999 respectively, as well as the entire documentation that supported the
granting of the license, especially the following:
• the contents of the license;
• the license granting procedure;
• the validity period of the license, if the validity was extended and for what period;
• the initial exploitation perimeter, as well as the manner and the procedure by
which this perimeter has been modified so far;
• for which exploitation methods the license was granted;
• if the parties agreed on the amendment or extension of the exploitation license
according to the provisions of the Mining Law 85/2003;
• the underlying technical project;
• the underlying feasibility study;
• the underlying development plan;
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• the underlying environmental impact study;
• the underlying environment recovery plan;
• the underlying study assessing the social impact and the plan for softening the
social impact;
• the authorization of starting the mining activity, issued by the competent authority
by virtue of the License, according to art. 12 of the Mining Law 61/1998;
• the proof of establishing the financial guarantee for environment recovery by
Minvest Deva SA, its quota and the bank account;
• the proof of establishing the financial guarantee for environment recovery by
company Rosia Montană Gold Corporation SA, its quota and the bank account, as
well as the proof that the bank this guarantee is deposited at is accepted by
ANRM;
• the environmental agreement, as well as the other authorizations, agreements, and
approvals provided for by art. 43 of the Mining Law 85/2003 issued for the
licensed exploitation perimeter;
• the quantity of the reserves proposed for excavation;
• the proof that ANRM certified the initial holder of this license (Minvest Deva
SA);
• the documentation on the observance, by the holder of the license, of the legally
binding environment protection requirements (activity cessation plan,
environment recovery project and the funds allotted for this purpose, environment
recovery works – if carried out so far);
• if the holder of the license SC Rosia Montană Gold Corporation SA benefited
from funds granted from the state budget, their quota and the purpose for which
they were granted and used;
• the documentation certifying the technical and financial capacity of the holder of
the license SC Rosia Montană Gold Corporation SA, drawn up according to the
provisions of the Mining Law and of the applicable environmental legislation;
• the certification proof of the company Rosia Montană Gold Corporation SA by
ANRM according to the provisions of the Mining Law;
• mining waste management plan;
• technical, economic and environment protection reports the holder of the license
must draw up regularly and submit to ANRM, according to the law;
• the proof that the holder of the license has paid the yearly mining fees and dues,
according to the law;
• if the holder of the license informed ANRM on the control acts carried out by the
local environment and labour protection authorities, as well as on the potential
sanctions it was subject to, according to art. 39 par. 1 let. e) of the Mining Law
85/2003;
• the proof of the preliminary agreement issued by the water management authority,
on the observance of technical and environment requirements for underground
waters protection, for cyanides-based exploitation;
• any other connected documents and information (?) or related to the granting of
the license and to the progress of the exploitation activity the license was granted
for, as well as any documents issued by ANRM by the virtue of the prerogatives it
is granted by the mining law, addressed to the holder of the license (technical
guidelines, steps, approvals, etc.).
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III. The documents and information concerning the transfer of the Concession License
for the exploitation of gold and silver ore in the Rosia Montana perimeter, Alba
county, no. 47/1999, from Minvest SA Deva to SC Rosia Montană Gold Corporation
SA, in particular:
• the transfer application no. 2.404/04.10.2000;
• the approval by the competent authority;
• the approval of the Ministry of Industry and Trade no. 193.247/09.10.2000;
• if the terms of the concession or the exploitation perimeter were changed along
with the transfer;
• on what legal grounds the company Minvest Deva SA kept its status of “affiliated
company” according to art. 2 of Order 310/09.10.2000 of ANRM on the transfer
of the license and which are the rights, obligations and responsibilities of Minvest
Deva SA in this capacity;
• any other documents underlying this transfer.
IV. The contents of the exploration licenses and of the exploitation and/or prospecting
permit/permits granted to company Rosia Montană Gold Corporation SA, as well as any
other documents referring to the performance of other mining activities by Rosia
Montană Gold Corporation within the perimeter of the Apuseni Mountains, the
perimeters they were granted for or, if documentation was filed for these to be granted,
what this documentation consists of.
If for the exploitation perimeter comprised in the concession license of the right to carry
out mining activities was granted to other legal entities, different from the license
holder, who are these persons, for which activities, on which perimeters and whether the
license holder gave its agreement according to the law.
We consider that the above-mentioned documents and information are of public
interest, consequently their declassification is compulsory by the virtue of three
major reasons, according to the legal provisions invoked:
a) They concern the exploitation of natural ore of the country, consequently
the valorification activities connected to these resources must take place so as to ensure
maximum transparency and not be against the national interest, according to the
provisions of the Romanian constitution;
b) The provisions of Law no. 544/2001, of Law 182/2002 and of the other two
applying Mining Laws (61/1998 and 85/2003), which state the categories of classified
information that are not free for public access, in relation to the constitutional provisions
regarding the access to information and the limitation of some rights and liberties, they
constitute limitations which do not exist in the fundamental law and are therefore
not allowed;
c) Given the exploitation area, the extraction technology based on the use of
sodium cyanide, implicitly the potential risk of damaging the environment, the
Concession License of the gold and silver ore excavation in the Rosia Montana perimeter
no. 47/1999 and the corresponding documentation contain data and information with a
significant impact on the environment; consequently, this information is regulated
by the legislation on environment protection and implicitly falls under the incidence
of the legal provisions guaranteeing free access to environmental information.
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As a consequence, we are asking you to take action, given your position of Prime
Minister of Romania, in the interest of all citizens of this country and take all legal steps
in order to start the required procedure for the declassification of this information and
documents.
Thank you,
Gabriel Petrescu,
Executive Director
Soros Foundation Romania
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