PULP MILLS (JUDGMENT)
36
31. On 9 October 2003, MVOTMA issued an initial environmental
authorization to CMB for the construction of the CMB (ENCE) mill. On
the same date the Presidents of Argentina and Uruguay met at Anchorena
(Colonia, Uruguay). Argentina maintains that the President of Uruguay,
Jorge Battle, then promised his Argentine counterpart, Néstor Kirchner,
that no authorization would be issued before Argentina’s environmental
concerns had been addressed. Uruguay challenges this version of the
facts and contends that the Parties agreed at that meeting to deal with the
CMB (ENCE) project otherwise than through the procedure under Articles 7 to 12 of the 1975 Statute and that Argentina let it be known that it
was not opposed to the project per se. Argentina disputes these assertions.
32. The day after the meeting between the Heads of State of Argentina
and Uruguay, CARU declared its willingness to resume the technical
analyses of the CMB (ENCE) project as soon as Uruguay transmitted the
awaited documents. On 17 October 2003, CARU held an extraordinary
plenary meeting at the request of Argentina, at which Argentina
complained of Uruguay’s granting on 9 October 2003 of the initial environmental authorization. Following the extraordinary meeting CARU
suspended work for more than six months, as the Parties could not agree
on how to implement the consultation mechanism established by the
1975 Statute.
33. On 27 October 2003, Uruguay transmitted to Argentina copies of
the environmental impact assessment submitted by ENCE on 22 July
2002, of DINAMA’s final assessment report dated 2 October 2003 and of
the initial environmental authorization of 9 October 2003. Argentina
reacted by expressing its view that Article 7 of the 1975 Statute had not
been observed and that the transmitted documents did not appear
adequate to allow for a technical opinion to be expressed on the environmental impact of the project. On 7 November 2003, further to a request
from the Ministry of Foreign Affairs of Argentina, Uruguay provided
Argentina with a copy of the Uruguayan Ministry of the Environment’s
entire file on the CMB (ENCE) project. On 23 February 2004, Argentina
forwarded all of this documentation received from Uruguay to CARU.
34. On 2 March 2004, the Parties’ Ministers for Foreign Affairs met in
Buenos Aires. On 15 May 2004, CARU resumed its work at an extraordinary plenary meeting during which it took note of the ministerial
“understanding” which was reached on 2 March 2004. The Parties are at
odds over the content of this “understanding”. The Court will return to
this when it considers Argentina’s claims as to Uruguay’s breach of its
procedural obligations under the 1975 Statute (see paragraphs 67 to 158).
35. Following up on CARU’s extraordinary meeting of 15 May 2004,
the CARU Subcommittee on Water Quality and Pollution Control pre26