The case is key in view of the rising conflict and a number of violations of the concession at Bansko ski zone. It will create a precedent, since on its outcome depends how the concession contract and all investment proposals from the concessionaire, Yulen AD, for the term of the contract till 2031, will be interpreted.
At the session, the legal adviser of the Ministry of Environment and Water accepted word for word Yulen’s propositions, and declared quite scandalously in the court that the concessionaire has the right to economic exploitation and construction on the whole territory of the Spatial Plan of Bansko ski zone, whose area is 1472.62 hectares.
This incompetent statement is at odds with the concession contract, which restricts the area of economic exploitation and construction to 99.55 hectares. De facto, this will allow 1000 hectares of centuries-old forests in Pirin National Park, which are exclusive state property, to be cut down and built on. This exposes the declared position of the new caretaker minister Yulian Popov for the state and public interest and for the nature of Pirin.
According to environmentalists, MEW’s pleading in court is in its essence confession that it supports concessionaire Yulen’s intentions to exploit and built on much greater area in Pirin National Park – area, which it does not pay for, and on which felling and construction are forbidden.
In this way the case is being prejudged, which will be used as a precedent for Yulen AD, and will weaken the protection of not only Pirin, but of all other protected areas and city parks. According to the Ministry’s proposal, it is not necessary to change even the Management Plan of Pirin National Park in order to allow cutting down trees and construction, because this Plan does not have priority over the Spatial Plan of Bansko ski zone.
In comparison, the pleading of the Supreme Administrative Prosecutor’s Office in this case was wholly in defense of the public property and the public interest. The Administrative Prosecutor exposed the controversy of the new construction with the law, management plan and overusing of the allowed area as per the concession contract by appealing to the court to declare the construction illegal.
For the Nature in Bulgaria Coalition is of the opinion that Minister Yulian Popov continues to support construction in Pirin National Park, which has been allowed by Minister Nona Karadzhova and Evdokia Maneva. The environment ministry and Yulen share the same position on this scandalous and precedent case. Yesterday’s meeting for Pirin, organized by the environment ministry, was another proof for that.
For the Nature in Bulgaria Coalition expects Minister Yulian Popov immediately to correct the position of MEW in front of the Supreme Court on the case, and also to immediately revoke the decision of his predecessor Nona Karadzhova for changes in the Management Plan of Pirin National Park.
Only thus can he disperse the reasonable suspicion that he has been appointed but to protect economic and monopolistic interests, and to restore the trust in him. The environmentalists remind Minister Popov that his ministry’s function is to protect the nature and public property in the interest of the public. For the majority of Bulgarian citizens in Bulgaria the Pirin case is a test for the moral and professional qualities of a minister.
Additional information:
- the Spatial Plan of Bansko ski zone from 2001, where is specified where exactly the 99.55 hectares of the concession are here:
http://forthenature.org/upload/documents/2011/04/TUP-Cast-Aktualz-04-1.pdf You can see the areas in the tables at the bottom left, “Territory balance”:
8 SKI FACILITIES 15.39 hectares
9 ALPINE SKIING DISCIPLINES SKI RUNS 80.67 hectares
10 CROSS COUNTRY SKIING TRAILS 4.25 hectares
The total area of these three items gives 100.31 hectars, within which the concession area of 99.55 hectares falls as per Art.1.1 of the contract, which include the facilities as per Appendix 1 of the contract, excluding the facilities to the buildings as per Appendix 2 of the contract.
- Public analyses, documents and decisions of competent bodies, which speak for serious violations of the concession contract for Bansko ski zone and the position of the coalition for today’s meeting
- The facility, subject of the legal argument, was built in 2011. The legal investigation has already proved that the lift was allowed by the MEW and was built by the concessionaire Yulen AD outside of the concession and outside of the zone for ski facilities of the Management Plan of Pirin National Park.
Despite this, in January 2013 a three-person commission of the Supreme Administrative Court ignored the investigation and accepted the position of the concessionaire Yulen that new construction of ski facilities is admissible on the whole territory of the Spatial Plan of Bansko ski zone, which is 14 times bigger than the area of the concession.
The Ministry of Environment and Water and Yulen work jointly on widening the concession in Pirin National Park
