What Did Armenia Respond to Azerbaijan's Letter Regarding the Eraskh Factory?

The Armenian Ministry of Environment has received Azerbaijan's letter regarding the metal processing plant being built in Eraskh and has responded to it. This was reported by Armenpress.

In the response letter, Armenia denied Azerbaijan's accusations that the factory is being constructed in violation of environmental standards and, in turn, demanded that Azerbaijan cease its unlawful use of force in Armenian sovereign territory.

As noted by Ani Hakobyan, the press secretary of the Armenian Minister of Environment, Azerbaijan accuses Armenia of failing to comply with the provisions of the Convention on Environmental Impact Assessment in a Transboundary Context regarding the construction of the metallurgy plant in Eraskh. "We have responded to the allegations and outlined the standards by which the factory will operate. The factory is not being built in violation of any laws. Armenia demands that Azerbaijan stop its unlawful use of force against the sovereign territory of Armenia, as gunfire directed at the construction site has resulted in injuries to workers and material losses. Such behavior grossly violates some of the articles of the Convention they themselves referenced, while Armenia is committed to all international obligations it has undertaken," she stated.

The press secretary of the Ministry of Environment added that the content of the letter falls within the framework of the Convention and that the response has been provided accordingly.

The Ministry of Environment provided the media with Minister Hakob Simidyan's response letter, which is presented below:

"In response to your letter dated July 7, 2023, concerning the metallurgical plant being constructed in the village of Eraskh in the Ararat region of the Republic of Armenia, regarding the effective consultations on transboundary harmful impacts under the Convention on Environmental Impact Assessment in a Transboundary Context (Espoo), I would like to inform you that Armenia does not consider itself obligated to notify Azerbaijan under Article 3 (1) of the Espoo Convention, nor to exchange information concerning the planned activity with Azerbaijan in accordance with Article 3 (7) of the same Convention. Article 3 (1) requires that the originating Party notify the Party it believes may be affected, only under two conditions: (i) the planned activity is listed in Appendix I of the Convention, and (ii) it is 'likely to cause significant transboundary harm.' Neither of the conditions is met. The planned activity involves the processing of small volumes of scrap ferrous metal exclusively using an electric induction furnace, which is not the type of activity listed in Appendix I of the Convention. Azerbaijan has not clarified which point of Appendix I the planned activity relates to. Accordingly, the process in Article 3 (7), which Azerbaijan refers to and which applies to cases where a notification under Article 3 (1) has not taken place, does not pertain to the type of activity planned in Armenia.

Furthermore, in response to the statement made by the Minister of Ecology and Natural Resources of Azerbaijan on June 7, 2023, which stated that the operation of the Eraskh plant would have a negative impact on the environment, the Armenian Ministry of Environment has made it clear that the plant is being constructed in accordance with all environmental standards and requirements. Assurances in this regard have also been provided by the owner of the plant, GTB Steel LLC, which indicated that modern technologies will be implemented to eliminate any possible negative impacts on the environment. Therefore, there is no basis under the Espoo Convention for Azerbaijan's demand for the 'immediate cessation of construction works' at the plant.

Based on the above, Armenia demands that Azerbaijan cease its unlawful use of force on the sovereign territory of Armenia, as gunfire directed at the construction site has resulted in serious injuries to two innocent workers and caused significant material losses. Azerbaijan's behavior grossly violates its obligations under Article 15 of the Espoo Convention, which states that 'in the event of a dispute between the Parties, the Parties shall seek to resolve it through negotiations or by any other means at their discretion.' Armenia reserves all its rights provided by international law."

It is noteworthy that a large Armenian-American metal casting plant is being constructed in Eraskh with an investment of 70 million USD. Azerbaijan regularly targets and shelling the area of the plant, obstructing construction work. The American companies owning the plant, Virtual Founding and CSI Global Investments, emphasized in a statement regarding Azerbaijan's shelling that they would consider any further gunfire directed at unarmed workers as a direct attack on American capital, motivated not by environmental reasons but purely political decisions. Armenian and American flags were also raised in the area of the plant.