Court annuls environmental permits for EPBiH’s hydro projects Janjići, Vranduk

The Cantonal Court in Sarajevo overturned two decisions of the Federal Ministry of Environment and Tourism regarding the proposed Vranduk and Janjići hydropower plants.

The Janjići and Vranduk hydropower projects, with a total capacity of 36 MW, are being developed by state-owned power company Elektroprivreda BiH. The sites are on the Bosna river near the city of Zenica.

The two decisions were challenged by the Aarhus Centre in Bosnia and Herzegovina.

The Cantonal Court in Sarajevo has ruled that the 16 MW Janjići project requires a new environmental permit to move forward, news website Zenit.ba reported. Namely, the Aarhus Centre in BiH disputed the ministry’s decision in December 2021 that the existing one was valid. According to the court, the explanation was legally unsubstantiated.

The ministry didn’t take into account the ecological sensitivity of the Janjići area

The ministry also failed to acknowledge the complexity of the planned hydropower facility and that, in line with the regulations, a new permit is necessary if the deadline expires, the ruling reads.

According to the court, the ministry didn’t take into account the ecological sensitivity of the Janjići area. The location is a habitat of protected plant and animal species, among which is the otter.

Of note, in January 2022, Germany’s KfW Development Bank said it canceled the plan to finance the Janjići hydropower project with EUR 30 million. Total investment was valued at EUR 55 million.

The loan agreement between KfW and EPBiH was signed in 2014. Environmental organizations opposed the project, arguing it would flood one of the most beautiful areas around the Bosna river.

The Aarhus Convention was violated in the case of HPP Vranduk

The court also annulled the ministry’s 2023 environmental permit for the HPP Vranduk project of 20 MW.

The ministry violated several provisions of an environmental protection law of the Federation of BiH, the court stressed. By issuing the permit, it violated the right of the public to access information and participate in the decision-making process, thereby also violating the Aarhus Convention.

The environmental impact assessment (EIA) was inadequate while the environmental risks determined earlier and comments from experts weren’t taken into account, the ruling reads.

In early 2022, Austria-based Strabag won at the International Court of Arbitration in Brussels in a case against EPBiH. The panel ordered the power utility to pay EUR 16.4 million to the company.