Air pollution in the Northern Port of Split: a case of citizens’ right to timely information violation

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Environmental Issues in the Vranjica-Solin Basin

The Vranjica-Solin Basin and the Split north port area have been sacrificed to industry since the days of the asbestos factories, through remains of asbestos, and up to the current transport, shipbuilding, and ship maintenance activities. This is an industrial zone in Split where economic activities take precedence. However, this should by no means imply that environmental and public health standards can be disregarded in this area. Especially since this industrial zone is located in close proximity to residential neighborhoods, particularly the Brda district and Vranjica.

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The reality is somewhat different. Residents of these parts of Split are vocal about numerous environmental problems. They have formed civic initiatives and, for many years, have been reporting various environmental pollutants to Sunce’s Green Phone – ranging from scattered waste, slag, air and sea pollution, to frequent noise pollution during late-night hours.

Regarding the case of the Split north port and Vranjica Peninsula, since 2020, Sunce has submitted several petitions and letters to public authorities, inspections, the Port Authority and local officials. We have requested closed storage facilities for dispersed materials, removal of numerous waste disposal sites, continuous air quality monitoring, improvement of environmental protection measures for companies operating in the area, sanctioning of illegal activities, and regular supervision and inspections. The inspection authority identified numerous regulatory violations in 2020 and 2021 and took measures against various offenders, but the situation did not improve over time. Residents and environmental initiatives continued to insist that they are breathing polluted air.

Air Quality Measurement Results for 2023

In 2021, it was decided that air quality measurements would be conducted by the City of Split, and in 2023, these measurements were finally carried out. Elevated daily concentrations of arsenic in the air were found, as well as very high levels of total deposited matter and arsenic deposition at three locations. The next logical step would be to identify the sources and prevent further pollution. The City of Split’s short-term action plan defined environmental protection measures primarily focused on managing the load in the concession area of the concessionaire Luka d.d. The causes of pollution continue to be largely speculated about in the media and informal discussions. Slag, copper ore, Chinese, relocation to Kaštela, indoors, outdoors, here, not here? We know as much as you do…

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In the past two years, we submitted several petitions and letters to DIRH, including requests for information on conducted inspections, proposals for inclusion in administrative procedures, requests for access to case files and several requests for information. After filing a complaint with the Information Commissioner in May 2024, we received a response from the inspectorate directing us to the aforementioned Short-Term Action Plan of the City adopted in 2024, even though we had requested information on the measures taken by the State Inspectorate during the periods of identified pollution.

Inadequate Responses from the Relevant Authorities

It is important to highlight that environmental rights of citizens are primarily realized through access to public information about the environment. Without information about the cause of pollution, we cannot discuss environmental protection or seek to halt harmful activities, let alone talk about compensating for the damage caused.

Recent events in the North Port area are example of the violation of citizens’ rights to timely information about the environment and thereby their constitutionally guaranteed right to a healthy and clean environment. This right is also guaranteed by the Aarhus Convention, which deals with access to information, public participation in decision-making, and access to justice in environmental matters, and which Croatia ratified in 2007. With Croatia’s accession to the EU, the Charter of Fundamental Rights of the European Union, which contains fundamental rights and freedoms recognized and protected by the EU, also applies to Croatia as a member state. This includes a range of environmental rights, such as the right to a healthy environment, the right to be informed about environmental protection issues, and the right to participate in decision-making processes that affect the environment.

The State Inspectorate has not provided adequate information about the measures taken, the source of the pollution, or any sanctions imposed in response to the identified pollution. The Port Authority, as the concession grantor, has not been informed about the current developments in their jurisdiction. The Port Authority has not responded to any of the petitions submitted by Sunce. Meanwhile, Luka d.d., as the primary concessionaire operating in the area, has refused our request for information access, claiming that, since it is not majority publicly owned, it is not obligated to respond to our “annoying” questions.

The right to information, health and environmental protection

But what does the Environmental Protection Act say about environmental information? The Act defines the right to access environmental information in detail and overrides provisions about inspection or business secrets when there are established emissions in the environment, as was the case here. Simplified – the interests of companies or inspection secrets should not be placed above public health. This protects the environment and public health from the potentially harmful effects of emissions and prioritizes public health over economic interests. We repeat, without information about the environment, we cannot talk about environmental protection.

The Environmental Protection Act also ensures that precautionary measures and environmental protections are established for certain projects and facilities to prevent such pollution. Environmental protection measures are typically prescribed in environmental impact studies and environmental permits. However, Luka d.d., according to the State Inspectorate’s statement, is not required to obtain these documents. Since the activities in this area date back to a time before the requirement for environmental impact assessment procedures was established, measures to ensure heightened precaution have been absent. Only with the expansion of activities can the need for an environmental impact study be determined.

The need for improving environmental protection measures

However, this should not and cannot be an excuse for not making additional efforts to improve technology, environmental protection, and the health and safety of workers and surrounding residents. Adequate storage and protection of materials from dispersion is perhaps even the minimum that should have been ensured before deciding to handle any type of slag and other potential pollutants in the area, instead of blaming residents for settling near the industrial zone.

Basic principles of environmental protection, such as the right to information, the precautionary principle and the “polluter pays” principle have failed here. This should not prevent us from continuing to insist on the protection of our rights, because ultimately, without the tireless efforts of citizens, even what has been achieved so far, albeit belatedly by a few years, would not have been accomplished.

We remain persistent and determined in protecting citizens’ rights to a clean environment and information about the environment, and we do not forget that environmental pollution almost always affects us all. Addressing the consequences of damage is always harder, if not impossible, than preventing environmental threats in a timely manner.

Report environmental pollution to the Green Phone

Citizens of Split, do not forget that you have the right to a clean environment and access to information about its condition. If you witness environmental pollution such as air pollution or noise, do not hesitate! Contact Sunce’s Green Phone at 072 123 456. Our legal team will assist you with complete confidentiality, directing you to the relevant authorities or taking action ourselves to resolve the issue. You can also reach us via email at [email protected].

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Your involvement is crucial for encouraging the relevant institutions to effectively address issues and protect our environment. The Green Phone exists to assist you in the fight for a healthier and cleaner Split. Your report can make a difference. We invite you to actively participate in environmental protection. Addressing the consequences of damage is always harder and more costly than preventing threats in a timely manner.

The project “Green Phone – Lend Your Voice to the Environment II!” is co-financed with funds from the Environmental Protection and Energy Efficiency Fund.

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