PULP MILLS (JUDGMENT)
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the procedure for communicating information provided for by the “understanding” would, if applied, replace that provided for by the 1975 Statute. Be that as it may, such replacement was dependent on Uruguay
complying with the procedure laid down in the “understanding”.
129. The Court finds that the information which Uruguay agreed to
transmit to CARU in the “understanding” of 2 March 2004 was never
transmitted. Consequently, the Court cannot accept Uruguay’s contention that the “understanding” put an end to its dispute with Argentina in
respect of the CMB (ENCE) mill, concerning implementation of the procedure laid down by Article 7 of the 1975 Statute.
130. Further, the Court observes that, when this “understanding” was
reached, only the CMB (ENCE) project was in question, and that it
therefore cannot be extended to the Orion (Botnia) project, as Uruguay
claims. The reference to both mills is made only as from July 2004, in the
context of the PROCEL plan. However, this plan only concerns the
measures to monitor and control the environmental quality of the river
waters in the areas of the pulp mills, and not the procedures under Article
7 of the 1975 Statute.
131. The Court concludes that the “understanding” of 2 March
2004 would have had the effect of relieving Uruguay of its obligations
under Article 7 of the 1975 Statute, if that was the purpose of the “understanding”, only if Uruguay had complied with the terms of the “understanding”. In the view of the Court, it did not do so. Therefore the
“understanding” cannot be regarded as having had the effect of exempting
Uruguay from compliance with the procedural obligations laid down by
the 1975 Statute.
2. The agreement setting up the High-Level Technical Group (the
GTAN)
132. The Court notes that, in furtherance of the agreement reached on
5 May 2005 between the Presidents of Argentina and Uruguay (see paragraph 40 above), the Foreign Ministries of the two States issued a press
release on 31 May 2005 announcing the creation of the High-Level Technical Group, referred to by the Parties as the GTAN. According to this
communiqué :
“In conformity with what was agreed to by the Presidents of
Argentina and Uruguay, the Foreign Ministries of both of our
countries constitute, under their supervision, a Group of Technical Experts for complementary studies and analysis, exchange of
information and follow-up on the effects that the operation of the
cellulose plants that are being constructed in the Eastern Republic
of Uruguay will have on the ecosystem of the shared Uruguay
River.
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