Appendix_no.1-_translation_in_ENG

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Government of Romania
Ministry of Culture and National Heritage
Alba County Department of culture and national heritage
(address)
Registration no. 704/2nd August 2011
To,
Centre of Legal Resources
(address)
Greenpeace CEE Romania
(address)
Upon your request sent through the letter no. 274/29th July 2011 and no. 581/29th July 2011 registered
with Alba County Department of Culture and National Heritage with the no. 704/1st August 2011, we
hereby advice you on the following:
-
-
we send you a copy of the Archaeological Discharge Certificate no. 9/2011, issued by our
institution, in concern of the preventive archaeological research – Rosia Montana Communa,
Alba County, Rosia Montana mining site – Carnic Massif;
referring to the copy of the entire documentation based on which the above mentioned
Certificate was issued, we advise you that these documents may be consulted at our
headquarters. We hereby mention that the documentation consists of a big volume of
information; at present, our institution doesn’t have the human and technical resources
required to make a full copy of it.
Thus, we let you know that a similar and complete documentation may be found at the Ministry of
Culture and National Heritage – Department of Cultural Heritage.
Respectfully yours,
Managing Director
Matei Drimbarean
(stamp and signature)
-------------------
Government of Romania
Ministry of Culture and National Heritage
Alba County Department of culture and national heritage
(address)
Centre of Legal Resources Registration no. 650/30 September 2011
To:
Ref.:
Greenpeace CEE Romania (“Greenpeace”)
(address)
Centre of Legal Resources (“CRJ”)
(address)
Answer to the request of Greenpeace and CRJ no. 809/1st August 2011
Date:
28th September 2011
To:
Dear Sirs,
Upon the administrative complaint dated August 29th 2011, registered with Alba County Department of
Culture and National patrimony under the no. 809/1st September 2011, through which you requested
the entire documentation based on which the Archaeological Discharge Certificate no. 9/2011 was
issued, we hereby advice you on the following:
1. Taking into consideration your request for documents, registered with no. 704/1st August 2011,
we promptly answered (in the very next day from the request registration) through Alba DJCPN
address no. 704/2nd August 2011, sending you the copy of the Archaeological discharge
certificate no. 9/2011. As far as the documentation based on which the archaeological discharge
certificate no. 9/2011 is concerned, we offered you the possibility to consult it, without
restrictions, at our headquarters. Making a fully copy of this documentation (approx. 1060
pages) was not possible, given the large volume of information which would have far exceeded
the human and technical resources of our institution (given that we also received similar
requests).
Even now, there isn’t anything to stop Greenpeace and CRJ to consult this documentation, in the
presented conditions, and even to make copies of it, supporting the cost of the photocopying
service (according to Art. 9 paragraph 1 of the Law no. 544/2001 regarding the free access to
information of public interest).
2. Concerning the provisions of Law no. 86/2000 (in reality, we think you refer to the provisions of
Aarhus Convention, and not to the law for ratifying the Convention which comprises just one
article), we consider that its provisions are not relevant for the free access to information of
public interest.
Aarhus Convention doesn’t establish rules with direct applicability for subjects of public and
private right. This international agreement comprises engagements of signatory states to take
internal legislative measures for implementing the principles adopted through Aarhus
Convention.
ALBA COUNTY DEPARTMENT FOR CULTURE AND NATIONAL HERITAGE
Respectfully yours,
Managing Director
Matei Drimbarean
-------
Ministry of Culture and National Heritage
The Cabinet of the Ministry
To Ms. Crisanta LUNGU
Greenpeace Romania
Attn. of: Ms. Catalina RADULESCU
Centre of Legal Resources
Registration no. 595/03.10.2011 and 4449/07.09.2011
Dear Ms.,
Following your letter no. Greenpeace Romania 580/29.07.2011 and Center of Legal Resources
273/29.04.2011, registered with the Ministry of Culture and National Heritage with no.
12292/01.08.2011, referring to the access to information regarding the Archaeological discharge
certificate for a part of Carnic Massif, the documents on which the certificate is based on, action
plans for the preservation of certain sites from Rosia Montana and the Protocol concluded
between SC Rosia Montana Gold Corporation in this regards, we advise you on the following:
For obtaining the Archaeological discharge certificate, please see the issuing institution – Alba
Department for Culture and National Heritage, because this is the institution which issues all the
archaeological discharge certificates for Alba County.
The scientific documentation on which the Certificate was based on may be consulted at Alba
Department for Culture and National Heritage. For completing and archiving the
documentation, the archaeological research report was already sent to this institution,
considering that Alba Department for Culture and National Heritage issues the archaeological
discharge certificates for Alba County.
The Ministry of Culture and National Heritage has concluded any protocol with SC Rosia
Montana Gold Corporation so far.
For any other information referring to the cultural heritage of Rosia Montana, please see Alba
Department for Culture and National Heritage – institution with responsibilities related to the
protection of the cultural heritage from Alba County.
The scope of the Action Plan for the preservation of the most important archaeological sites and
architectonic monuments is to rescue and emphasize 80% of the archaeological and
architectonic objectives from Rosia Montana region, among which: mining galleries with special
historical importance from Piatra Corbului area, the galleries from Catalina-Monulesti area
which will be researched, restored and open for public, Roman funerary network from Tau
Gauri, Roman hydraulic system from Paru-Carpeni mining sector, including Roman, Medieval
and modern galleries. 41 historical monument buildings from the protected area, revitalized
historical center of the locality, more than 100 km of mine galleries which will be researched by
archaeologists for other finds.
This Plan will be implemented with the support of RMGC which will allot USD 70 million to be
spent in Rosia Montana for works of preservation and emphasizing the archaeological and
architectonic heritage. Also, the Plan includes the setting up of a special commission – of
independent experts – which will monitor and have the empowerment of stopping the mining,
any time, in case important finds are encountered.
The Action Plan of whose initiation was publicly requested for ensuring the rescue, preservation
and emphasizing of the archaeological and architectonic legacy from Rosia Montana is not yet
complete. We ensure you that this will be made available to the public as soon as it will be
finalized.
Respectfully yours,
KELEMEN HUNOR
Ministry of Culture and National Heritage
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