After a tragic spill devastated the Tisza River,the gold mining industry has made an effort at regulating itself in the use of cyanide. But Jerome Simpson, who was asked to review the code, found it lacking. Two years after a tragic cyanide spill at an ore processing facility in Baia Mare, Romania, decimated the ecosystems of the Tisza River, the gold producing industry is close to finalising a voluntary code for regulating itself - with the hope of preventing such accidents in the future. But a careful analysis of a draft of the code indicates inherent weaknesses. The January 2000 spill in the Tisza has been called one of the worst environmental disasters in Europe. It occurred at a site operated by the Aurul gold mining company when a flooded tailing pond containing waste released 50 to 100 tons of cyanide, which flowed along the Somes River and down most of the length of the Tisza. Nearly all the fish in the river were killed, as were the smaller life forms on which the fish feed - and birds and animals that drank from the river. Tailing ponds like the one at Baia Mare are often used by mining companies in a process where gold is separated from ore with large quantities of cyanide. At the urging of the United Nations Environment Programme and other organisations, the gold mining industry has financed efforts to draw up a code for self-regulation of such facilities. The code was to be launched March 14, but hadn't appeared online in April. Such industrial codes work on the basis of voluntary adoption. The more subscribers, the greater the danger that those left out will lose their reputation and market share. These codes can also be seen as a precursor to quality management (ISO 9000) or environmental management system (ISO 14001) certification, which are better known voluntary international schemes. A careful review of the latest draft of the code shows it to be inadequate. The code does address key issues, such as cyanide handling and storage, industry operation, decommissioning, worker safety, training and community dialogue. Yet after nine revisions, and in spite of significant improvements, it is still inherently weak. For instance, with regard to community dialogue, though the code now assures citizen involvement in decision making processes, like risk assessment and permit licensing, it does not provide channels for a regular, ongoing dialogue about community concerns. Decommissioning of a gold manufacturing operation would be a closed subject, while input needn't be invited regarding emergency response procedures. In the area of community awareness, the code binds firms to make information on their operations available in the local language, but the level of proactive dissemination is poor. The code includes only vague references to notifying citizens of the hazards to health or the environment. Only releases of cyanide need be reported, and only when required under applicable national regulations. Emergency response plans only need to be made available during drafting, and there is no reference to how soon after an accident the emergency response plan should be implemented, or when communities should be notified. Employees who manage cyanide would not receive full information on risks but only notifications on safety.   Charges of 'greenwashing' The code makes limited reference to the implementation of environmental management systems or best available technologies. As to closing facilities, the code merely says this should be done in a manner that prevents "adverse impacts to people, wildlife or the environment." There is no reference to site monitoring after closure, and the code falls short of assuring financial resources are made available for full clean up and rehabilitation of the site. Most critically, the code makes no reference to civil liability and/or transboundary responsibility for spills. It explains: "There are no safe and effective options to treat cyanide once it has entered natural surface waters such as streams and lakes." A recently published review, called "De-coding Cyanide," which was financed by the Hellenic Mining Watch, CEE Bankwatch, FoE Europe and others, calls the code "greenwashing," intended to falsely create "the appearance that … mining companies are addressing environmental issues." Given the code's shortfalls in apportioning responsibility for cyanide leakages from an industrial site, the review questions the mining industry's ability to self-regulate at all. It appears that, even if the entire industry adopted the code in its present form, it would neither prevent another Baia Mare-type accident, nor adequately inform or protect citizens and their environment. The gold industry obviously wants to minimise the costs of self-regulation. And developing countries that host mining investments, and have weaker legislation or enforcement, like Romania, will suffer as a result.   New initiatives gather momentum Fortunately, various European initiatives for stricter regulation are gathering momentum. The United Nations Economic Commission for Europe has drafted a liability protocol under the Transboundary Accidents and Watercourses Conventions, while the European Union has finalised its draft Directive on Environmental Liability. Through implementation of these measures, encouraged by the EU accession process in the candidate countries, the chances of such accidents will be reduced. The Regional Environmental Center for Central and Eastern Europe (REC) has also been active in this area. Its Environmental Policy Programme has been encouraging discussion within the Tisza River basin on a common ecosystem strategy. This project is detailed further online, at: http://www.rec.hu/tisza/. REC's Environmental Law Programme has drafted principles for environmentally responsible investments from industry, encouraging financial assurance for compensation and remediation. And REC's Information Programme set up an online forum on the issue at: http://forum2.rec.org/cgi-bin/teemz/teemz.cgi Aural is continuing its operations in Baia Mare, and, according to an NGO called Green Partners, citizens still lack information about the firm's activities. Hungary is suing Aural, seeking damages and permanent closure of the facility. Meanwhile, the threat of another accident remains, given that 42 similar hotspots exist in the Tisza basin, according to an August 2000 report by the International Commission for the Protection of the Danube Region. Read the code and give feedback at http://www.cyanidecode.org. Jerome Simpson, head of the REC's Information Programme was among the experts invited to comment on the code.

Photo: BTA WILL THEY POLICE THEMSELVES? Above is a metal processing plant in Kardjali, Bulgaria, that creates metal waste.