Environment and Water (MoEW) to agree on the construction of the ski-lift,
because it has not been assessed for environmental impact and its track,
including upper and lower station, is outside the concession area and
enters areas of Pirin National Park where construction of any kind is
strictly prohibited.
The Court emphasizes on that the construction of the lift is not a repair,
nor a replacement or reconstruction of an existing facility, as it is
submitted by the investor, and instead of that is a construction of a new
sports facility with a length of more than 1 km, that differs the permitted
capacity, and a new track that includes laying of a new, different of the
existing substructure of two old lines. Because of that, the investment
plan had to undergo a mandatory assessment of environmental impact, which
was not made.
The High Court states that the concession area is not more than 99.5
hectares and cannot be stretched indefinitely by reference to the
territorial development plan of the Bansko ski area. This shows that the
legal directorate of the Bulgarian Ministry of Environment and Water and
external law firms, which are paid by the Ministry, interpret and apply the
law completely wrong.
During the hearings, MoEW continuously plead in favor of the concessionaire
"Ulen " Ltd. – and stated that there are no restrictions for the area and
it can build anywhere near Todorka and Banderishka Valley. Such thesis have
long been supported by the Deputy Minister of Environment and Water Evdokia
Maneva (from GERB’s and the interim government), and the Director of the
National Nature Protection Service Mihail Mihaylov.
Meanwhile, the pleading of the Supreme Administrative Prosecution of the
case was for full protection of the public property and the public interest.
The decision is a key precedent that fully explains the interpretation of
the allegedly vague concession contract for the Bansko ski zone. The
Coalition "For the Nature“ continues to insist for
cancellation of the concession for the Bansko ski zone in Pirin
National Park, for penalties for all offences committed, and for avoidance
of any change in the management plan of Pirin National Park , allowing
new construction in it.
Additional information:
- Online petition in protection of the Pirin National
Park
over 40,000 signatures online and on paper.
- Public-sector analyzes, documents and decisions of the competent
authorities, which suggest serious violations in the implementation of the
concession agreement for the Bansko ski
area