To: All contacts listed below
Cc: All contacts listed below

Sofia, December 05, 2005

Regarding: Civil society representatives being disallowed from participating at the ninth ISPA
Monitoring Committee

Dear Members of the ISPA Monitoring Committee,

With this response to the letters we have received [1] from DG Regio and the Bulgarian Ministry of Finance we would like to underline our deep disappointment regarding the lack of understanding within both institutions about the importance of the problem we described in our letter dated October 5, 2005.

In our letter we stressed that: “We consider that the Ministry of Finance has been systematically limiting the meaningful participation of the environmental NGOs’ representatives and denying access to documents relevant to the work of the Committee. The latest development clearly demonstrates the wish of the Ministry of Finance to close the doors of the Committee on civil society organisations.” It is clear that we focused on the limitation of the participation of representatives of ENVIRONMENTAL NGOs and other groups and initiatives, i.e. those who are dealing with environmental problems.

Therefore we can not accept the statements of Mrs. Boriana Pencheva that “the participation of these organisations [“Green Bourgas” Foundation, the “Chamber of commerce and industry – Bourgas” and the Bulgarian Construction Chamber] represents the interests and viewpoints of Bulgarian ENVIRONMENTAL NGOs, initiatives and people, affected by ISPA funded projects.

We always appreciate the wider participation of non-governmental organisations in such bodies, therefore we are not opposing your choice of inviting the above mentioned organisations. What we cannot accept are attempts to SUBSTITUTE authentic, well-recognised, knowledgeable, but often – critical, NGOs who speak on behalf of citizens and organisations with violated – or likely to be violated – environmental and sustainable rights.

There are clear and well known rules about how environmental NGOs in Bulgaria nominate and elect their representatives in various bodies, committees, working groups, etc. In a talk during one of the previous ISPA MC meetings, we were told by Mrs. Pencheva that the Ministry of Finance is not going to adhere to this procedure. Moreover, we were told that our organisations – Za Zemiata and CEIE – have been invited to ISPA MCs following a recommendation from the European Commission to the Ministry of Finance.

Talking about “representativeness” or “representing power” we would like to point out the following:

1. We do not accept the approach to compare political representation in the form of election results and parties “in power” versus parties “in opposition” from one side and the representation of civil society structures or movements. It is not only unfair, it also shows a complete lack of understanding of some processes and principles such as participation in decision-making, access to public information, etc. which are otherwise included in various papers such as Directives, Conventions or national legislation.
2. Since we have never been formally approached, and no explanation has been presented to us
regarding the basis of which rules we should submit such information, we recognised such a request as a way to make obstacles to our participation in ISPA MCs. Moreover, the neglecting of the NGOs election procedure shows that the Ministry of Finance in fact does not care about “representation”, but rather how to avoid an open and well-grounded critique from civil society during ISPA MCs in front of representatives of the European Commission. Here we should assure all of you that the presentation of problems categorically does not make us happy or more important. We are doing it only because the institutions in Bulgaria do not comply with the tandards and practices for access to information, public participation, access to justice, etc. Moreover, in cases where environmental legislation is severely violated, where there is misuse of the procedures, cheating of affected people and potential misspending of public money, we feel obliged to talk about the problems. And we talk to EC officials only because the dialogue with local institutions on certain cases is missing or has been fruitless.

Nevertheless, whom we represent seems to be the key formal question of the Ministry of Finance and here we are happy to provide the necessary details.

So far we have represented the following NGOs, initiative groups (IG) and committees (IC), as well as ordinary citizens:

1. Za Zemiata, CEIE, Balkani Wildlife Society, Ecoforum, EA Demetra, Association for protection of
the health and life of the people – Suhodol, Green Eurozone – Lyulin, IC Malo Buchino, IC Ivanyane, IC Bankya, IC Suhodol, IC Gorna Banya, IC Vladaya, IC Filipovtzi, IC Golyamo Buchino, IC Knyazhevo and more than 5000 citizens, undersigned against the construction of the Lyulin motorway – a project funded under PHARE and ISPA of the EU funds. All together more than 200 000 people will be directly affected if the highway is constructed within the proposed route. .
2. Za Zemiata, CEIE, ECO-CLUB 2000, Balkani Wildlife Society, IC Krivina, IC Vrajdebna, IC
Poduene, IC Levski – G, IC Hristo Botev, etc, and undersigned citizens against the extension of Sofia airport – a project funded by ISPA and the European Investment Bank (EIB), that affects at least half of the city of Sofia with increasing levels of noise and pollution.
3. CEIE, Za Zemiata, IC Kovachevo, IC Pet Mogili, IC Radetzki, etc. and more than 3000 people
undersigned against the construction of an incinerator for toxic and hazardous waste around Radnevo – a project submitted for ISPA and EIB funding. This case is already closed with the conclusion that the EC will not finance the incinerator due to a very bad EIA report and the unproven public safety of the proposed facility.

Should we be invited or elected to participate at future meetings, we are also going to represent the following:

1. Za Zemiata, CEIE, National Movement of Ecoglasnost and affected citizens of Montana – regarding the case of the newly constructed regional landfill that burned and polluted the town’s atmosphere several weeks ago – an ISPA funded project.
2. A long list of NGOs, ICs and citizens affected by the Sofia municipal authorities during the artificially provoked “waste crisis” of Sofia – in case an incinerator project has been submitted and supported by ISPA or Structural/Cohesian funds.
3. A long list of NGOs, ICs and citizens affected by Sofia municipal authorities and the Sofia water
concession – in case a project for pre-accession funding has been submitted and supported by ISPA.
4. A long list of NGOs, scientific organisations and citizens affected by the construction of Struma
motorway – in case a project for the construction of the motorway has been submitted and supported by ISPA or Cohesion funds.

Such representation will continue whenever we are asked by affected or likely affected Bulgarian citizens or NGOs.

We believe this “representative power” is sufficient to claim that environmental protection NGOs should have at least two representatives, with full voting rights, in the ISPA MC. This will stimulate real debates and will help in the promotion of more citizen and environmentally friendly solutions.

In addition, Petko Kovatchev represents environmental NGOs community in the working group for
Operational Programme Environment, and Ivaylo Hlebarov represents the same stakeholders in the Working Group for the National Development Plan within the frame of 2007 – 2013 financial period planning for the Structural and Cohesion funds. They were both chosen in a competitive way, within a formal procedure for nomination and approval of NGO representatives, which was widely accepted by both NGOs and respective institutions in various bodies and working groups. Their work in ISPA MC has been well recognised by other environmental NGOs and they voted for both representatives, thus giving additional legitimacy to their past and present work.

On the basis of all of the above, we will always oppose projects that destroy nature, pollute our environment, increase risks for people, present outdated end-of-pipe “solutions” and stimulate the misuse of public money or corrupt practices.

There are a number of ways to inform the respective EU institutions about the problems with EU funding in cases we find or when we are informed about any of the above-mentioned problems. As all of us know there are a number of still unexploited options to stop problematic projects that break both national and European environmental legislation. In no case will we stay silent if any of the sides do not fully respect citizens’ rights to live in a clean and healthy environment and if public money is allotted which then increases an individual’s (or individuals’) private financial “health”.

Despite the recent difficulty we hope to maintain an open and honest dialogue with the Ministry of Finance and other institutions as well as with the European Commission. To boost this we propose that:

1. The Ministry of Finance starts a procedure for the nomination and election of two representatives of environmental NGOs by informing the secretariat on elections with a formal letter.
2. Until the official representatives are elected (with the procedure to take a minimum of one and half months), representatives of Za Zemiata and CEIE are to be invited for the next ISPA MC meeting.
3. NGO representatives should be granted with full voting rights from the next ISPA MC onwards.
4. In a week’s time the Ministry of Finance should provide Za Zemiata and CEIE with the minutes from both the eighth and ninth meetings of the MC, with our right maintained to permit us to add our comments to the documentation of the ninth MC meeting.
5. The discussion on procedural questions, started by members of CEIE and Za Zemiata during the last MC meetings, should be re-opened in an open manner. The questions include issues such as formal voting during the sessions, providing MC members with documentation in time, access to full project documentation, etc.
6. The Ministry of Finance should ensure that within a two months period all project information that is not the subject of reasonable confidentiality will be put on their widely promoted special website
(http//ispa.minfin.bg).

The proposed steps would represent a clear commitment from the Ministry of Finance towards the
improvement of transparency in the management of the EU funds and towards the meaningful involvement for civil society as a partner.

Such a development would be helpful for all sides in preparation for the open and transparent management of the future Structural and Cohesion funds after 2007, when Bulgaria becomes an EU Member State.

We look forward to your responses,

On behalf of Za Zemiata
Anelia Stefanova and Ivaylo Hlebarov

Environmental Association "Za Zemiata" (For the Earth)
P.O. Box 975, 1000 Sofia, Bulgaria
Telephone: + 359 2 951 53 18
Telephone/Fax: +359 2 851 86 20
e-mails: anelias@bankwatch.org
hlebarov@bankwatch.org

On behalf of CEIE
Petko Kovachev and Daniel Popov

CEIE/CEE Bankwatch Network
17-A Sofroniy Vrachanski str., 3 floor, app. 9
1303 Sofia, Bulgaria
tel: (+359 2) 980 8497
fax: (+359 2) 989 2785
e-mail: petkok@bankwatch.org
dpopov@ceie.org

LIST OF CONTACTED PERSONS

To: Mr. Lyubomir Datzov
Deputy Minister of Finance
Ministry of Finance

To: Mrs. Boriana Pencheva
Director of Management of European Union Funds Directorate
Ministry of Finance

To: Mr. Ruud van Enk
Counsellor, Head of Phare and ISPA Section
European Delegation to Bulgaria

To: Mr. Peter Blaschke
Advisor ISPA Environment
European Commission Delegation to Bulgaria

To: Mr. Fernando Ponzo Canto
First Secretary, Head of Section for Political and Pre-accession Affairs
European Commission Delegation to Bulgaria

To: Mr. Lluis Riera Figueras
Director REGIO H
Programmes and Projects in France, Poland, Portugal and Slovenia; ISPA
Regional Policy Directorate-Generale
European Commission

To: Mr. Erich Unterwurzacher
Head of Unit F1
Regional Policy Directorate-Generale
European Commission

To: Mr. Richard Masa
National Expert
Regional Policy Directorate-Generale
European Commission

To: Mr. Jorge Pinto Antunes
Co-ordinator for Financial Assistance and Contacts with IFI's
Desk Officer for Bulgaria and Lebanon
Enlargement and Neighbouring Countries
Environment Directorate-Generale
European Commission

Cc: Mr. Plamen Oresharski
Minister of Finance
Ministry of Finance

Cc: Mr. Dimitris Kourkoulas
Head of Delegation
European Delegation to Bulgaria

Cc: Mrs. Danuta Hubner
Commissioner
Regional Policy Directorate-Generale
European Commission

Cc: Mr. Stavros Dimas
Commissioner
Environment Directorate-Generale
European Commission

Cc: Mrs. Anne Burrill
Deputy Head of Unit
Enlargement and Neighbouring Countries
Environment Directorate-Generale
European Commission

Cc: Mr. Olli Rehn
Commissioner
Enlargement Directorate-Generale
European Commission

Cc: Mrs. Grazia Francescato
Spokesperson
European Green Party

Cc: Mr. Juan Behrend
The Greens/European Free Alliance
European Parliament

Cc: Mrs. Catherine Guy-Quint
Chairwoman
Delegation to the EU-Bulgaria Joint Parliamentary Committee
European Parliament

Cc: Mr. Paavo Väyrynen
Vice-Chairman
Delegation to the EU-Bulgaria Joint Parliamentary Committee
European Parliament



1 Letter from Mr. Lluis Riera, Brussels, 21.10.2005 11222, ReGIO h4/CW/vr D (2005) 840704 and Letter from
Mrs. Boriana Pencheva, Ministry of Finances, 99-00-536, Sofia, 02.11.2005