...Serbia has violated Articles 2, 3.2, 4.1, 4.2, 4.4 of the Bern Convention by failing to take appropriate and necessary legislative and administrative measures to protect wild flora and fauna species (including those listed in Annexes I, II, and III) and protected natural habitat from Bosil Metal, d.o.o. Bosilegrad’s (“Bosil Metal”) copper, zinc and lead mine on the Karamanica ore field (“Karamanica Mine”)...Serbia allowed the pilot mine to commence without any Environmental Impact Assessment, and it has continued to operate since 2017 despite only having a licence to operate for three years. Processing occurs via two flotation plants near the Karamanica and Golema Rivers, which has led to severe heavy metal pollution from cadmium, copper, arsenic, and lead.

A 2021 study by the University of Belgrade has shown that metal levels in the water and soil downstream from the mine and at a control point at Lake Vlasina far exceed maximum permissible concentrations...Despite domestic and international complaints regarding this pollution, Serbia has failed to prevent the ongoing harm to protected flora, fauna and habitats in line with its obligations under the Convention.

The documented pollution from the Karamanica Mine has caused transboundary environmental impacts in at least one neighbouring state, Bulgaria. As a result of the pollution, Bulgaria filed a complaint against Serbia with the Implementation Committee of the Convention on Environmental Impact Assessment in a Transboundary Context....

The limited available information shows the mine has had widespread severe impacts to wild flora and fauna species and protected natural habitats...Bosil Metal intends to scale operations at the Karamanica Mine to 240ktpa, and has submitted an Environmental Impact Assessment to that end. An expansion of the mine would compound already severe environmental impacts and violations of the Convention.

The mine would also violate the inherent rights of impacted species and their habitats. Due to the shortcomings of Serbia’s laws, enforcing the Rights of Nature is “necessary” to protect species and their habitats in accordance with the purpose of the Bern Convention...