The Serbian collective March from the Drina and the German non-governmental organisation Green Legal Impact have issued an official statement to the European Commission and members of the Critical Raw Materials Committee against recognising the Jadar project under the Critical Raw Materials Act.

“Rio Sava Exploration d.o.o. has applied for ’strategic project’ status under Articles 6, 7 CRMA for the planned lithium and boron mine in the Jadar River valley in Serbia. This project should not receive strategic status for legal, environmental, social and political reasons,” states the accompanying announcement from March from the Drina and Green Legal Impact organisations.

As they remind, known risks include mining activities that threaten surrounding water resources, repression against environmental activists, and lack of administrative transparency and accountability. The project proposal submitted for environmental impact assessment is now in the scoping phase and contains deficiencies that do not meet the criteria for awarding ’strategic status’ under the Critical Raw Materials Act, they warn both the wider public and the European Commission.

Filing such an appeal is unprecedented

Filing this appeal is unprecedented, the activists emphasise. Although the EU Commission has not provided space for NGOs to challenge strategic status decisions, its decision on project classification under Article 6(1) CRMA is an “administrative act” in accordance with Article 2(1)(g) of Regulation No. 1367/2006 (Aarhus Convention), they note. This appeal, as they explain, uses the right to challenge an administrative act, which is ultimately subject to internal review under Article 10 of the Aarhus Convention.

“We are challenging the political decision at the EU level and will continue through legal channels if Jadar receives strategic status. In Serbia, the deficiencies of the Jadar project proposal provide strong legal arguments against issuing any environmental permits,” the activists believe.

The report points to: environmental hazards, human rights and health risks, lack of transparency and non-compliance with good business practices, legal irregularities, environmental impacts, effects on land, agriculture, water, protected areas and species, land acquisition process, lack of transparency and intimidation, impact on the region’s social structure, job creation, tax revenues, effects on existing businesses, especially agriculture, irregularities regarding permitting issues, deadlines and management, as well as violations of the Republic of Serbia’s laws, states the accompanying announcement.

“The future isn’t green if it’s only green for you,” says Bojana Novaković

The European Union’s mineral procurement is deeply intertwined with neocolonial practices, assess March from the Drina and Green Legal Impact.

“As the EU seeks to secure a ’greener’ economy, its dependence on these minerals puts it in a position of significant power over foreign countries rich in such resources, where mining projects are often carried out by global giants like Rio Tinto. This dependence reveals a broader pattern of exploitative dynamics in the EU’s relationship with resource-rich countries, particularly in regions where governance and environmental protection are not at a high level,” the statement notes.

“In countries like Serbia, mineral extraction could destroy local ecosystems – threatening soil, water and biodiversity and creating political and social instability – raising questions about the EU’s commitment to human rights and sustainable practices abroad. The EU’s effort for ’ethical sourcing’ is compromised when turning a blind eye to these environmental and social impacts. In turn, the EU’s political credibility is at risk, especially when this is seen as strengthening (neo)colonial exploitation. Moreover, the lack of transparency, legal irregularities and flawed feasibility studies in this project further expose the EU’s complicity in undermining the very governance and regulatory frameworks it claims to advocate, maintaining a system of unequal resource exploitation that benefits parts of Europe at the expense of others. The future isn’t green if it’s only green for you,” commented Bojana Novaković from March from the Drina.

Mašina

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