The deep temperatures in February resulted into an interruption of Danube transport at Iron Gate which lasted from 6th February until 3rd March causing supply chain problems and significant financial losses for transport users and vessel operators. PDI therefore started to investigate the current situation on ice prevention and ice fighting at the Iron Gate complex and discovered unclear responsibilities.
As some members pointed to the legal responsibility of the energy companies operating the hydropower plant to take ice prevention and ice fighting measures we analysed the respective convention signed between the state of Serbia and Romania in 1998. In a next step we wrote a letter to the responsible general directors of the operating companies and put the Serbian and Romanian Minister of Transport in copy.
At very short notice we received a feedback from the Serbian Hidroelektrane Djerdap as well as from the Romanian S.C. Hidroelectrica S.A. Both organisations replied that they do not have an obligation to carry out ice prevention and ice fighting measures for navigation purposes. Despite his formal position, General Director Mr. Dragan Stankevic noted that ice fighting measures have been carried out by his organisation on request of the Serbian Ministry of Infrastructure and Energy. He agreed with us that similar activities from the Romanian authorities could have shortened the period of interruption of navigation for several days. Mr. Stankevic also promised to discuss the issue at the next meeting of the Serbian - Romanian Djerdap Mixed Commission. Mr. Pavelsecu from Hidroelectrica pointed out that there is only an obligation to operate the ice breaker of his organisation in case of ice jams. As there was no imminent danger, no action was carried out.
As we are neither satisfied with the answers nor fully convinced that state convention which rules operation of the Djerdap complex does not create any kind of responsibilities with regard to navigation, we have asked the Serbian and Romanian waterway authorities to comment on the positions of the energy operators. We will keep you informed on the results of our further investigations.
You can find our letter as well as the reply letters on our web services (Ice Iron Gate 2012, Reply Hidroelectrane SR, Reply Hidroelectrica RO). Please do not hesitate to contact us if you can help to clarify the legal responsibilities.