It is a fairy tale to think that the Court’s verdict has no influence on the negotiations with CORC.
In the Dutch-language newspaper Antilliaans Dagblad of Monday June, Marcelino de Lannoy, director of Refineria di Kòrsou (RdK), states that the appeal judgment has no influence on the negotiations with CORC BV, the intended new partner for the refinery. We are quite surprised about that.
Indeed, in the judgment of the Court of First Instance of 26 August, the judge stated: “At the hearing, the State argued that the consultancy firm Haskoning has now been called in to advise on the new standards for air quality in Curaçao. The report to be released will serve as a basis for new nuisance permits, particularly for the new refinery operator and as a frame of reference for the modernisation of the refinery and other industries.”
And: “According to the State, the European air quality standards will be used as standards for Curaçao.” And also: “On the basis of the report from Haskoning, it will be determined, together with the new operator, what will be feasible with regard to improvements and in what period of time.”
In other words: again, apparently the operator determines which standards are feasible. However, it is not the operator or Haskoning who oversees this, but the State. This is a repeat as we have seen before, where PDVSA set the standards. Subsequently, the 2019 judgment states that “the State’s statements are too vague and non-committal to infer that the plaintiffs have sufficient certainty that the unlawful situation regarding air quality will be ended within the foreseeable future.”
It must be clear to everyone that the reduction of sulphur dioxide and fine dust emissions referred to in the National Decision – which runs from 2020 to 2035 – does not fall under the heading of “soon” as referred to in the previous paragraph. After all, soon means soon and not in 15 years. And the judgment is provisionally enforceable, so takes effect immediately.
In other words, if one wants to resume operation of the refinery, the following must first be arranged:
1. There will have to be solid legislation in which the standards are anchored;
2. All large companies such as Aqualectra, BOO/CRU and Isla Refinery will each have to obtain a nuisance permit in which the individual maximum emissions are regulated for each company;
3. The total emissions of those companies must be lower than the standard set by law. This is because the State must also take into account the other causes of emissions, such as shipping, road and air traffic;
4. Before the refinery becomes operational again, the standards must be met from day one, as stated in the refinery’s nuisance permit;
5. It is essential that the State takes immediate action if the limit is exceeded, so there must be proper measurement and enforcement. So, it is a fairy tale to think that this has no influence on the negotiations with CORC.
Clean Air Everywhere has been fighting for six years now for a verdict for what the residents downwind, but in fact all residents of Curaçao, are entitled to: clean air. And we will continue to do so.
Now that the State has also established that the Country has committed a wrongful act, Clean Air Everywhere – with the support of, among others, The Environmental Defender Law Centre – will not hesitate to initiate civil proceedings if the State does not act in accordance with the Court’s ruling.
In addition, Clean Air Everywhere can also request the Public Prosecutor’s Office to conduct a criminal investigation into both companies and individuals on suspicion of violating the verdict.
Curaçao Foundation Clean Air Everywhere was established in June 2015. The aim is to contribute to solving, reducing and preventing environmental problems in Curaçao, including with regard to air quality in the broadest sense, in the interest of current and future generations; and furthermore the compliance of the air quality in Curaçao, in particular the air quality downwind of the industrial area around the Schottegat in Curaçao, with current and recognized (health) standards within the Kingdom; and finally the promotion of the interests of the residents and visitors of Curaçao in the context of the aforementioned objectives. The Trade Register lists the board members.
Board of Clean Air Everywhere,
Curaçao www.cleanaireverywhere.com
