TO
THE MONITORING COMMITTEE

Dear Ladies and Gentlemen,

We are applying to you to take into consideration our objections and legal arguments against the next serial attempt of the Road Executive Agency to render a report, which violates the legislation, for an implementation of the signed financial memorandum between the European Commission and the Republic of Bulgaria for funding the construction of the "Ljulin" Motorway /part of the Sofia bypass Sofia - Daskalovo/ under the ISPA Program.

1. А Territory Management Plan, assessed by the public and by experts, has NOT been prepared for the "Ljulin" Motorway, which should be the procedure according to the Territory Management Act and the Environmental Protection Act. Such a plan and an EIA attached are obligatory for investment projects that are not included in the existing territory plans of the inhabited areas, according to art.9, paragraph 1 from the Territory Management Act (TMA). Currently, the new General Territory Management Plan (GTMP) of the city of Sofia is not yet adopted and an EIA Report for the GTMP is being appealed in the High Administrative Court. One of the reasons for this appeal is the entire adverse impact of the planned motorway upon the environment of Sofia and the surrounding region. As a result of the above mentioned, the requirements for changing the function of the land properties are violated, as the protected territories of one national resort /which is a protected area according to art.8, p.4 from the TMA / turn into a territory according to art.8 p.1 from the TMA. The non-fulfillment of the requirements of the TMA means that the legislation for each single decision of the EIA, which gives permission for the construction of the motorway, is disregarded.

Decision N129/13.10.2003 taken by the Sofia Council Municipality proved our opinion for violations of the TMA requirements. According to this decision, the Sofia Council Municipality assessed the dignities in environmental, economic, urban and operational terms of the newly proposed alternative variant for the route of the "Ljulin" Motorway. They also suggested this variant to be considered by the Sofia Municipality Expert Council for Territory Management and by the National Expert Council of the Ministry of Regional Development. Complying with the requirements of the TMA, it is proposed that the Councils decisions for the alternative route is to be included in the GTMP of Sofia and Sofia Municipality. The implementation of the decision is assigned to the Mayor of the city of Sofia.

2. The new decision of the MEW, which is to be prepared for the construction and the operation of the "Ljulin" Motorway according to the combined variant "blue" + "brown", violates the law from legal point of view and we are ready to appeal this decision in the HAC in a 14 day-period. That means, that at the moment when the Monitoring committee is held, the Ministry of Finances and the Road Executive Agency cannot render a report to you for a decision, which is already operating. According to the signed memorandum, art.9, point 3, the Bulgarian side was obligated to organize new public consultations for the EIA and to guarantee that the statement of all the citizens affected would be considered. All of the described above was to happen according to the Revised EIA report. We can assure you that neither an EIA Report was revised, nor the citizens' statements of Bankja, Ivanjane, Malo Buchino and Ljulin were considered. All of us are indignant with the vulgar bureaucracy of the Bulgarian Agency, ready to run over all the environmental legislation, just to render a report for the implementation of the conditions under the financial memorandum.

3. The main defect in the newly prepared EIA Decision of the Minister of the Environment and Waters is that the previous Decision N74-18/2001 issued by the same Minister is not accomplished. According to Decision N74-18/2001, the MEW returns for revision all parts of the EIA report for the motorway as the route alternatives are not considered and assessed properly, the report is of poor quality, it does NOT comply in contents and envelopment with the operating legislative requirements, etc. The Ministry of the Regional Development and the Road Executive Agency assigned the authors of the EIA Report the implementation of an EIA for the 5 proposed alternative variants of the route for the "Ljulin" Motorway, which according to the authors of the two EIA Reports are much better for technical and financial implementation. The above mentioned drastically violates the decision of the Minister of Environments and Waters. At the public hearings between 1st and 15th September 2003, the Road Executive Agency presented an incomplete and low-quality report to the inhabitants of the affected areas, which assessed only one single alternative for the route of the "Ljulin" Motorway. The local people refused to accept this only variant and were ready to fight for the Bankja resort, their agricultural lands and the virgin beauty of the Ljulin Mountain until the battle is won. What has to be underlined, is that according to the proposed route, the "Ljulin" Motorway is planned after the Sofia bypass to continue Eastwards - towards the center of the capital, crossing territories with high density population. Such a plan is unacceptable for a capital city.

As a conclusion, we would like to mention the rude interference of the Road Executive Agency in the professional opinion of the EIA Report Experts. We can submit a second draft of the EIA Report, hidden by the MEW and the Road Executive Agency, in which Mrs Keremedchieva - the leader of the team, recommends the green variant for the motorway. According to the experts, all other route alternatives would seriously damage the Bankja Resort and its guarded zones "A" and "B", as well as the sanitary-guarded zones of the water reservoirs for drinking supplies and everyday necessities and the mineral waters. Occasion for such an interference in the professional conclusions of the experts, who assess the impact of the investment projects upon the environment, is the Bulgarian legislation, according to which the professional work of the experts is paid by the investor. Taking this fact into account, may we dare to talk about impartiality?

After you become aware with our concerns, we would like to ask you to consider the signed financial memorandum as a non-fulfilled one by the Bulgarian side.

With all our respect and believe in law and justice.