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STATEMENT of the National Platform of the Civil Society Forum of the Eastern Partnership regarding the protection and sustainable use of the Dniester River

21 January 2021

In the context of the high-level meeting of the President of the Republic of Moldova, Ms. Maia Sandu, and the President of Ukraine, Mr. Volodymyr Zelensky, which took place on January 12, 2021 in Kyiv, where issues related to the protection of the Dniester River and hydropower were also discussed , the National Platform of the Civil Society Forum of the Eastern Partnership considers that the protection of the Dniester river is a subject of European importance and is related to regional ecological security, because it serves more than eight million people in the Republic of Moldova and Ukraine with water.

In the context of the high-level meeting of the President of the Republic of Moldova, Ms. Maia Sandu, and the President of Ukraine, Mr. Volodymyr Zelensky, which took place on January 12, 2021 in Kyiv, where issues related to the protection of the Dniester River and hydropower were also discussed , the National Platform of the Civil Society Forum of the Eastern Partnership considers that the protection of the Dniester river is a subject of European importance and is related to regional ecological security, because it serves more than eight million people in the Republic of Moldova and Ukraine with water. The National Platform of the Civil Society Forum of the Eastern Partnership consistently expressed this position in previous stances, in Statements, Appeals, during protests, public interventions. This fact determined that the issues related to the protection and sustainable use of the Dniester River were included in the public agenda in Chisinau and Kyiv, but also attracted the attention of development partners. WE WELCOME the fact that, following the above-mentioned official visit, the President of the Republic of Moldova, Mrs. Maia Sandu, mentioned the importance of continuing the bilateral dialogue in order to ensure the protection and sustainable use of the Dniester River, so that its water serves both our generation and generations to come future We believe that, through this declaration, the direction of bilateral negotiations, on the subject of managing the waters of the Dniester River, has been clearly defined for the sustainable use of water resources and not for maximum exploitation with a short-term perspective. WE CONSIDER that the joint development of a Dniester River Protection Strategy by both states would contribute decisively to the ecological reconstruction of destroyed or degraded tributaries and ecosystems, would encourage the expansion of protected areas and their inclusion in a Transfrontier National Park and would favors a European Program for the reforestation of the Carpathian Mountains as the main supplier of water resources for the entire Dniester river basin. WE REMEMBER that both the Republic of Moldova and Ukraine (UA) have undertaken bilateral, international commitments and in the relationship with the European Union, aimed at the protection of water resources, the protection and sustainable use of the Dniester River, environmental impact assessment and others . Among them are: Agreement between the Government of the Republic of Moldova and the Cabinet of Ministers of the AU regarding collaboration in the field of protection and sustainable development of the Dniester river basin (Rome, 2012), Agreement between the Government of the Republic of Moldova and the Government of the AU regarding the joint use and protection of border waters (Chisinau, 1994), UN EEC Convention (UNECE) on the Protection and Use of Transboundary Watercourses and International Lakes (Helsinki Convention, 1992), UN EEC Convention (UNECE) on Environmental Impact Assessment in a Transboundary Context (Espoo Convention , 1991) and the Protocol on strategic environmental assessment in a cross-border context (Kyiv, 2003), the European Union - Republic of Moldova Association Agreement, the European Union - Ukraine Association Agreement. WE EMPHASIZE that by signing the Association Agreements with the European Union, both states undertook to transpose into national legislation the European Directives, regarding the protection of water resources, the protection of biological diversity, environmental impact assessment, and assumed the responsibility to abide by these commitments. CONSIDERING that the life, health and well-being of eight million of people, living in the Dniester river basin, both in the Republic of Moldova and in Ukraine, depends on how the authorities of both states will manage and protect the water resources of the Dniester river and KNOWING that the government teams of both states have been negotiating for several years a bilateral Agreement on the operation of the Dniester Hydropower Node, the signatory organizations come with the following position: ● The continuation of the negotiation of the draft Agreement on ensuring the operation of the Dniester Hydropower Node needs to be done from the perspective of ensuring the functioning of the ecosystems of the Dniester River downstream of this hydropower complex and not from the perspective of energy production electrical. Thus, the operation of already built hydropower plants must be allowed only within the parameters and conditions in which the operating conditions of the Dniester river ecosystems are respected, which means the release of sufficient amounts of water, at an appropriate temperature, to maintain the life of the aquatic ecosystems downstream the Naslavcea-Nahoreanii dam. Thus, the water of the Dniester river will ensure both the needs of water use for the population of the Republic of Moldova and the city of Odesa, but also the self-purification processes of the river water to ensure its quality. In this vein, the very name of the Agreement must be changed to the Agreement on the operation of the Dniester Hydropower Node and not "operational assurance". ● The Draft Agreement must include provisions with reference to: a) the operation mode of the Dniester hydropower complex, so that it does not cause major damage to the ecosystems of the Dniester River downstream of it; b) the institutional instruments for joint monitoring and control, by both countries, of the operation of the Dniester Hydropower Complex (Node) and compliance with the established technical parameters; c) the way of joint assurance, by both countries, of the hydrological and water quality monitoring and the state of the aquatic ecosystems of the Dniester river downstream of this economic objective; d) the compensation mechanism for the losses of ecosystem services and the economic instruments for the recovery of the damage caused to the Dniester river by the economic agents who manage the Dniester Hydropower Complex (Node), in the event that they do not comply with its operating conditions, in the terms agreed by both parties signatories of the Agreement. ● Taking into account the evolution of technologies in the field of hydropower, which has taken place since the adoption of the Technical Regulation on the operation of the Dniester Hydropower Complex (1987) until now, the parameters of the water level at the Dnestrovsk dam must be revised in order to ensure the appropriate volumes of ecological flows . ● To request Ukraine to change the operating principle of the Novodnestrovsck hydropower plant (Plant I) and to use water with a more natural temperature, evacuating surface water and not deep water. To be negotiated and stipulated in the Agreement and the terms in which Ukraine will realize the change in the operation mode of the hydropower plant by discharging the surface water. The flow of water through Centrala II (Naslavcea) must be permanently guaranteed to ensure the permanent flow of the Dniester, without interruptions during 24 hours/day, downstream of the Nistrean Hydropower Complex. These operating principles of the Nistrean hydropower complex are fundamental for the life of the ecosystems of the Dniester river downstream of the Naslavcea-Nahoreanîi dam. ● The concession of approximately 19.22 ha of land located on the territory of the Republic of Moldova, along the Dniester River, upstream of the CHE-2 dam of the Hydropower Complex, should not be allowed. The concession of the respective land will allow the expansion of the Dniester Hydropower Complex, the fortification of the right bank to increase the water storage capacity in the buffer lake and the installation of 3 more turbines, thus increasing the water retention and causing greater damage to the Dniester River downstream of the Naslavcea Dam- Nahoreans. ● Declassification of negotiations in favor of public participation in the preparation of decisions on the issue of the preparation of the Agreement. ● Strengthening the capacities of the team of negotiators from the Government of the Republic of Moldova, with a clear definition of the negotiation mandate. ● Requesting assistance from the European Commission for the negotiation process. Considering the vast expertise and experience of the European Union countries in the field of integrated management of water resources and the production of hydroelectric power, it can provide both technical assistance and play the role of a mediator in the process. ● Elucidation of the circumstances in which the state border control point on the Naslavcea-Nahoreanii dam was liquidated, after the signing of the Protocol between the Government of the Republic of Moldova and the Cabinet of Ministers of Ukraine regarding the operation of some changes in the Agreement between the Government of the Republic of Moldova and the Government of Ukraine regarding the mutual recognition of rights and the regulation of property relations from August 11, 1994, signed on February 1, 2010. ● Ukraine's official rejection of the idea of ​​building more hydropower plants in the Dniester basin, by introducing changes to the Program and Strategy for the development of Ukraine's hydropower sector. ● Demarcation of the border between the Republic of Moldova and Ukraine at the border on the middle of the dam or at the middle of the Naslavcea-Nahoreanii dam, according to international agreements and practices and based on studies carried out previously, within the assistance provided by the European Union through the EUBAM project. ● Correct information and ecological education of all residents of the Dniester basin, countering fake news and disinformation on the Dniester. ● The restoration of the Ministry of the Environment is a priority, with the provision of professional staff. Without a central environmental authority, the protection of the Dniester River and the environment in general is just a utopian dream. Beyond the interest of one or another party, the stake must be for the protection of the Dniester river basin as a whole "organism" from the Carpathians to the Black Sea, which will serve both the present and future generations. The National Platform of the Eastern Partnership Civil Society Forum was created in 2011 and currently has 95 member organizations, 7 of which establishing umbrella organizations for over 255 other organizations. The mission of the Platform is to strengthen the process of European integration and democratic development of the Republic of Moldova, to contribute to the advocacy and monitoring process for the implementation of the Association Agreement between the Republic of Moldova and the EU and other relevant documents relating to the Eastern Partnership and the relationship between the Republic of Moldova and Moldova -EU. Signatories of the Declaration: 1. International Association of Eco-TIRAS River Keepers 2. Ecological Movement from Moldova 3. National Environmental Center 4. Eco-Contact 5. ECOTOX 6. Eco - Sor 7. "Terra-1530" 8. Women's Association for Environmental Protection and Sustainable Development 9. Cahul Ecological Consultancy Center 10. BIOS 11. Ștefan-Vodă Ecological Movement 12. Regional Environmental Center of Moldova 13. Association for Waste Recovery 14. "Hai Moldova" 15. Regional Center for Environmental Studies ECOS 16. Republican Center for Children and Youth Gutta-Club 17. "Cutezătorul" 18. "Caroma-Nord" 19. "BIOTICA" 20. Alliance for Energy and Renewable Efficiency 21. Automobile Club Moldova 22. GREEN-School 23. Transparency International Moldova 24. Association for Participatory Democracy ADEPT 25. Soros-Moldova Foundation 26. Center for Independent Journalism 27. Urban Development Institute 28. Independent Press Association 29. Promo-LEX Association 30. European Institute of Political Studies 31. International Center for the Protection and Promotion of Women's Rights "La Strada" 32. Institute for Human Rights 33. Alliance of NGOs active in the field of Child and Family Social Protection 34. "Ave Copii" 35. Legal Resources Center from Moldova 36. National Roma Center 37. Institute for European Policies and Reforms 38. Independent Analytical Center Expert-Group 39. Union of Disabled Organizations from Moldova 40. WatchDog.md Community 41. Keystone International Human Services Moldova 42. Local Democracy Agency Moldova 43. INVENTO 44. Center for Training and Educational Development 45. Association for Efficient and Responsible Governance 46. Amnesty International Moldova 47. Experts for Security and Global Affairs 48. Association for the Rehabilitation of Invalids from the Republic of Moldova 49. Alliance of Organizations for Persons with Disabilities 50 INFONET Alliance 51. National Association of Paralegals from the Republic of Moldova 52. Institutum Virtutes Civiles 53. Медиа Центр Приднестровья 54. Center for Policies and Reforms 55. Institute for Development and Social Initiatives "Viitorul" 56. Alliance of Small and Medium Enterprises from Moldova 57. Association of Professional and Business Women from Moldova 58. Congress of Local Authorities from Moldova 59. Association for Foreign Policy 60. INTECO 61. "Mothers in Action" 62. "Woman and Child - Protection and Support" 63. "Pro-Europe" Center from Comrat 64. Regional Center for Sustainable Development from Ungheni 65. National Association of European Trainers from Moldova 66. Balti Regional Center "Contact" 67. Youth Initiative Group for the Future 68. Center for Information and Support of Young Economists "CERTITUDINE" 69. National Assistance and Information Center for NGOs from Moldova CONTACT 70. "Pro Regional Cooperation" 71. Association of Small Business from Moldova 72. Center for Development and Management 73. Center for Economic and Business Development i Public 74. Business Consulting Institute 75. LEADER National Network in Moldova 76. Development Training Institute "MilleniuM" 77. National Youth Council of Moldova 78. "Youth for the Right to Life" 79. Eastern European Foundation 80. Agency of Cross-Border Cooperation and European Integration 81. "Eco-Răzeni" 82. Institute of Public Policies 83. Foundation for Development from the Republic of Moldova 84. "Interaction" 85. Foundation for Education and Development from Moldova 86. AEGEE-Chisinau 87. CASMED 88 Innovation and Policy Center from Moldova 89. Regional Association of Mothers with Many Children and Women-Entrepreneurs from Gagauzia "VESTA" 90. European Center for Civil Initiatives "Stalker" 91. Labor Institute 92. National Confederation of Employers from the Republic of Moldova 93. National Confederation of Trade Unions from Moldova 94. Federation of Trade Unions in Construction and the Building Materials Industry SYNDICONS 95. "HEALTH" Trade Union Federation from RM