PULP MILLS (JUDGMENT)
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mental impact assessment and subsequently prescribed by MVOTMA was
6 mg/L. However, in the absence of convincing evidence that this is not
an isolated episode but rather a more enduring problem, the Court is not
in a position to conclude that Uruguay has breached the provisions
of the 1975 Statute.
(c) Impact of the discharges on the quality of the waters of the river
229. As pointed out earlier (see paragraph 165), the Parties have over
the last three years presented to the Court a vast amount of factual and
scientific material containing data and analysis of the baseline levels of
contaminants already present in the river prior to the commissioning of
the plant and the results of measurements of its water and air emissions
after the plant started its production activities and, in some cases, until
mid-2009.
230. Regarding the baseline data, the studies and reports submitted by
the Parties contained data and analysis relating, inter alia, to water quality, air quality, phytoplankton and zooplankton of the river, health indicators and biomarkers of pollution in fish from the river, monitoring of
fish fauna in the area around the Orion (Botnia) mill, fish community and
species diversity in the river, concentrations of resin acids, chlorinated
phenols and plant sterols in fish from the river, survey of species belonging to the genus Tillandsia, the Orion (Botnia) mill pre-start-up audit,
and analysis of mercury and lead in fish muscle.
231. Argentina contends that Uruguay��s baseline data were both inadequate and incomplete in many aspects. Uruguay rejects this allegation,
and argues that Argentina has actually relied on Uruguay’s baseline data
to give its own assessment of water quality. According to Uruguay,
contrary to Argentina’s assertions, collection of baseline data by
Uruguay started in August 2006, when DINAMA started to conduct
for a period of 15 months pre-operational water quality monitoring
prior to the commissioning of the plant in November 2007, which
served to complement almost 15 years of more general monitoring
that had been carried out within CARU under the PROCON
programme (River Uruguay Water Quality and Pollution Control
Programme, from the Spanish acronym for “Programa de Calidad
de Aguas y Control de la Contaminación del Río Uruguay”). Argentina
did not challenge counsel for Uruguay’s statement during the oral
proceedings that it used Uruguay’s baseline data for the assessment of
water quality.
232. The data presented by the Parties on the post-operation monitor81