Facts contradicting to the statements of uncertainties in the concession of Bansko Ski Zone

Statement №1
“It is not possible to unambiguously define whether an area of 818, 46 ha or 99, 55 ha is granted for the concession.”
Problem: The established by MOEW area of 65 ha that exceeds the concession area would not be illegal if the concessionaire had the concession right to construct over and exploit not an area of only 99,55 ha but of 818,46 ha within the borders of the concession site “Ski zone with center the city of Bansko”.
Disclaimer:
Point 5 of the “Contest documents for defining the concessionaire of Bansko Ski Zone”, provided by MOEW in accordance with the Access to Public Information Act (APIA), states that “according to the predictions of the Bansko Ski Zone development plan’s (DP), the concession sites should be situated within the area of 818, 46 ha and the particular sites cover 99,55 ha of this area (so called concession area) and include:
- 3,58 ha construction terrains
- 76,33 ha ski slopes
- 4,25 ha terrains with existing ski-running slopes
- 15,39 ha terrains for ski-lifts”
The individual areas of the particular sites are described in the Bansko Ski Zone development plan’s (DP) in accordance with Reference №APIA-22/29.03.2013 by MOEW.

It is unambiguously stated that “the rest 718,91 ha of the area of the ski zone (which Ulen AD claim for) are out of the object of the concession and include terrains of holyday houses, hotels and forest terrains with different ecosystems”.

Statement №2
“The borders of the granted territory for the concession are unclear.”


Problem: A part of the constructed sites by the concessionaire are situated outside the borders of the area of 818,46 ha (i.e. outside the object of the concession) and another part of the same sites exceed their borders by plan. All together, these sites represent 65 ha more to the concession area of 99,55 ha.
Disclaimer:
Point 4 of the “Contest documents for defining the concessionaire of Bansko Ski Zone” states that the borders of the concession object are depicted graphically and via coordinative register consisting of 252 points in the sketch in Appendix 1 of the concession contract, which is originally applied to the contest documents and with which the prospective concessionaire had declared to be familiar. It is explicitly noted on the sketch that the borders of the concession object comprise a limited area in which are situated only the sport and technical facilities and not the whole territory of investigation of Bansko Ski Zone DP which amounts 1500 ha, which would be most advantageous for Ulen AD.


According to point 1 of the “Contest documents”, the concession right for usage of the territories of Pirin National Park with the aim of exploitation and expansion of the ski facilities and slopes, is concerning an area of 99,55 ha which is specified in Bansko Ski Zone DP and presents the territory within the borders of the concession object to be exploited by plan. The particular area as well as the situation and borders of each sport and technical facility included in those 99,55 ha, are depicted in the sketch from Appendix 1 of the concession contract as well in Bansko Ski Zone DP in accordance with Reference №APIA-22/29.03.2013 by MOEW.
Consequently, it can be summarized that the concession is maximally limited to the territory of Bansko Ski Zone which represents an area of 818,46 ha. The subject of the concession, i.e. the concession right refers only to the facilities which are planned to be constructed and exploited in the area of 99,55 ha within the borders of the concession object. Exactly these facilities are the object of the concession.

Statement №3

“It is a legal absurdity that the concession contract requires from the parties committed to the concession to implement their duties with accordance to Bansko Ski Zone DP which has been changed in 2005 with a decision by Bansko Municipality.”

Problem: The changes in the Bansko Ski Zone DP in 2005 envisage construction of sport facilities which are not planned in the concession contract and for which there is no concession right granted.

Disclaimer:
Every change in Bansko Ski Zone DP which envisages construction and exploitation of territories in Pirin National Park for which there is no concession right granted, should be granted a new concession right in accordance with the Concessions Act.


Statement №4
“There are no illegal sites within the territory of Bansko Ski Zone in Pirin National Park.”

Problem: The construction of illegal sites in Bansko Ski Zone contradicts to the ecological legislation, to the Spatial Development Act (SDA), and to the Concessions Act.
Disclaimer:
Although various penalties have been imposed, the competent authorities for environmental issues and control over construction still have not acclaimed any of the sites in Bansko Ski Zone to be illegal. At the same time, references by MOEW from 2013 show that at least 7 sites in the ski zone have been constructed without being agreed with MOEW, without being included in the concession contract, or without being envisaged in Bansko Ski Zone DP.

On the one hand, these facts show the lack of effective control over the concessionaire by the authorities. On the other hand, it becomes clear that the illegal construction of those sites does not refer to the statements of uncertainties in the concession contract and cannot be uses as a justification by the Government for its refusal to prosecute the intruders in Bansko Ski Zone.


Additional facts and clarifications:
Regarding third parties property within the concession:
1986 – The state constructs several lift facilities in Pirin mountain above the city of Bansko this way initiating the development of the ski zone;
1991 – these facilities are included in the actives of “Academika – relaxation, sport and tourism for students” – a stock company within the Ministry of Education and Science;
2001 – the contract for the concession of Bansko Ski Zone is signed (21.12.2001);
2002 – Minister of Education authorizes a sale of the assets of “Academika” in Pirin Mountain which include two lift facilities, two dragging facilities, two holiday houses, bungalows, and ratraks. The sale is realized without an auction as it should be in accordance to article 18 of the Terms for exercising property rights by the state within companies that was current at the time of the sale. Minister Vladimir Atanasov also indicates the buyer – “Ulen” AD;
On 18.10.2002 a contract for sale trade is signed between “Academica” and “Ulen”. The price of the deal is 455 687lv.
On 29.12.2002 a contract for sale trade is signed between “Ulen” and “Marengo Traiding” Ltd. (the sole owner of the stock company is “Marengo Traiding Limited” Cyprus. The same offshore company is a majority shareholder in “Ulen” AD). The assets, as well as the price are the same as for the first deal – 455 687lv.

Regarding the illegal lift facilities:
29.09.2004 – Permit for construction of lift facility “Zhelezen most – Platoto” is issued (№ 224А/29.09.04 – according to a reference on the Bansko Municipality website);
13.05.2005 – Exploitation permit № СТ-12- 223/ 13.05.05 is issued for the lift facility “Zhelezen most – Platoto”;
17.11.2005 – Bansko Municipal Council votes the changes in Bansko Development Plan. Resolution №607, protocol № 28, 17.11.2005;
With regard to statement of ecological assessment №BD-01-ЕО/2005 by MOEW and on the basis of article 21, alinie 1, point 11 from the Municipality Act and article 127, alinie 1, point 6 from SDA, Bansko Municipal Council approves the plan for changes of Bansko Ski Zone DP reported by the mayor of Bansko Municipality. (http://www.banskobg.org/municipality/resolutions/documents/2005/607.28.17.11.05.html).

Regarding Bansko Ski Zone DP:
2001 – Bansko Ski Zone DP is developed by the National Center for Spatial Development EAD. Manager of the project is architect Emil Lekov. Procurator of the stock company is architect Petar Dikov http://petardikov.bg/index.php?page=about¤t=about);
2004 – Pratial Actualization of Bansko Ski Zone DP is developed by ET “Ivis – Ivan Anchev”. Chief architect of the project is again Emil Lekov. The ecological assessment of the DP which is a mandatory part of it is implemented in 2005, and the DP itself is activated after it is voted by the Bansko Municipality Council.