Practical Guide on the non-implementation of the "Acquis Communitaire" or Concrete steps on how you can break the law

Rosia Montana/ Romania, 19 June 2005 – Thirty NGOs and members of the European Parliament (MEPs) have endorsed a contestation addressed to Romania’s Ministry for the Environment, the President of the European Parliament and the European Commission. Initiated by Alburnus Maior, the petition details the serious irregularities committed during the so-called scoping stage of the Environmental Impact Assessment (EIA) procedure for the Rosia Montana gold mine proposal.

Rosia Montana Gold Corporation (RMGC) is 80% owned by Gabriel Resources (TSX:GBU), a small, under-resourced and inexperienced Canadian mining company which plans to uproot the people of Rosia Montana to realize Europe’s largest open-cast gold mine. 20% are owned by Minvest, a state-owned mining company. From its' onset the venture has been beleaguered by scandals, operational problems and vehement local, national and international opposition. In December 2004, the EIA procedure for the 13mt/a Rosia Montana open cast gold mine scheme was initiated with the submission of the so-called 'Project Presentation Report'.

Since December 2004, an unprecedented amount of individuals, NGOs and expert institutions have protested over the non-compliance of the Rosia Montana EIA procedure with the relevant Romanian and European legislation. Roughly two weeks ago, the Romanian Ministry for the Environment released a final scoping list as the result of the scoping stage. This final list has given rise to serious concern due to the fact that it was compiled in a complete lack of transparency and public consultations and as such fails to address vital points that need to be included in the main EIA report.

According to the NGOs and MEPs, “Scoping is perhaps the most important stage of an EIA procedure, as it aims to point out the content and extent of the Environmental Information to be submitted to the Competent Authority under the EIA procedure. In all forms of scoping, consultation with environmental authorities, other interested parties and the public forms an important part of the process. Consultations will help ensure that all the impacts, issues, concerns, alternatives and mitigation which interested parties believe should be considered in the EIA are addressed