Cyanide ban

Motivation

Romania's Constitution acknowledges the right of all citizens to “a healthy and ecologically balanced environment” (art. 35, paragraph 1). The Romanian state takes it upon itself to create the legal framework to guarantee this right (art. 35, par. 2).

The European Directives (no. 85/337/CEE; no. 97/11/CE; no. 2001/42/CE; no. 80/68/CEE and no. 92/43/EEC) guarantee a pollution free environment. In agreement with art. 174, paragraph 3 of the Treaty of the European Council, environmental policy in the European Union is guided by the concern to “ensure the quality of the environment”, particularly by promoting preventive measures. The Romanian Government has embedded a set of such provisions made by the E.U., into our own legislation (Governmental Decision no. 918/2002; Governmental Decision (G.D.) no. 347/2003; G.D. no. 1076/2004 and G.D. no. 351/2005) while other measures were adopted by the Romanian Parliament (Law no. 451/2001; Law no. 462/2001 and Law no. 360/2003).

Cyanide can be found in the environment as simple or complex compounds. The most toxic ones are: the cyanhydric acid and their potassium or sodium salts. A large quantity of cyanide in waters or in the soil cannot be transformed into less harmful elements by microorganisms. On the contrary, cyanide destroys microorganisms and ends up unchanged in ground waters. The risks of contamination are very high during transportation, storage and the use of cyanide.

Cyanide has irreversible effects on the human organism. Cyanide can enter the organism through inhalation, through contact with the skin or by being ingested. Therefore any contact with cyanide contaminated water or air is extremely dangerous. If this poison is inbreathed, the respiratory ways are burnt. When the doses are too large, the poisoned person can enter a coma or can have agonizing spasms. Death by suffocation occurs in a few minutes.

Cyanide is used in mining activities to extract gold and silver. Cyanide can extract almost 100% of the precious metals from rocks which contain them. The minerals are treated with a solution is enormous cyanide pools. After the metal is extracted, the cyanide contaminated solution and a large quantity of heavy metals is deposited in large tailing ponds. The residues which result from the extraction of precious metals are a serious threat to human beings and the environment.

The declaration of the German Parliament made on the 10 October 2001, underscores some essential facts: “…thorough scientific research recently conducted has proved, beyond any doubt, that the production of gold using the cyanide method in an open environment can lead to the irreversible destruction of ecosystems…according to German and E.U. legislation, the Directive 91/689/CE, no governmental agency can authorize the exploitation of gold through the flotation of cyanides, in an open environment”.

In an act issued by the Senate and Chamber of Deputies of the Czech Republic in August 2001, the production of gold through cyanide-flotation has been outlawed. Similar legislation exists in Turkey and the American states of Montana and Wisconsin.

At the beginning of April 2002, the High Court of Justice in Greece has issued a resolution which bans the implementation of a project which involves the use of cyanide in the technological process.

The contamination of the environment which occurred at the processing plant of the mining company ‘Aurul’ from Baia Mare, in January 2000 was followed by negative reactions on an international level while the Romanian state was sued for liabilities.

In the context of Romania becoming a European Union member state, the Romanian legislation has to be changed so that any breach of the right to a clean environment should be precluded. The present project law aims to create a safe habitat in the mining industry by excluding the use of cyanide from the exploitation and processing of ores.

At present, in the Romanian mining sector there are 4 companies which use cyanides: SC Transgold S.A., UP SASAR-Baia Mare, the Mining Preparation Baia de Aries and the Baia Borsa Mining Exploitation. Because these companies are in the process of closure and therefore the adoption of the present law will not have any negative social and economic effects.

Based on the arguments and facts presented herein, this proposal was written to be considered and adopted by the Romanian Parliament.

The promoters,

Senator Eckstein-Kovacs Peter (signature)
Senator Funar Gheorghe (signature)