Republic of Bulgaria
/ Ministry of Environment and Water

Environmental Control in Bulgaria

Report related to point X of the Recommendation of the European Parliament and of the Council of 4 April 2001 providing for minimum criteria for environmental inspections in the Member States (2001/331/EC)[1]

Environmental legislation in Bulgaria provides for specific regulatory, administrative, and investment measures depending on the sectors’ scope -- water, air, waste, industrial pollution prevention, and risk management. Furthermore, there are a number of horizontal measures, concerning environmental management issues of crucial importance for the achievement of one of the most important aims of the modern environmental management in Europe -- integrated prevention and control of environmental pollution in all components.

General Administrative arrangements

Chapter IX of the new Environmental protection Act sets up the provisions for environmental control in Bulgaria. The bodies designated to carry out environmental control activities in the country are theMinistry of Environment and Water and its regional bodies. Implementation and enforcement of the national environmental legislation is overseen at the regional level by 15 regional inspectorates, 3 National Park Directorates and 4 Basin Directorates. The control activity of the 15 regional inspectorates is co-ordinated by the Directorate for Co-ordination of the Regional Inspectorates within the MoEW.

The Ministry of Health and its Regional Health Inspectorates are the competent authorities for overseeing the quality of drinking water and the quality of water bodies designated as bathing waters.

The control functions of the RIEWs are provided for in the Statute on the Structure and Activity of the RIEWsand include overseeing:

  • the environmental components’ compliance with the requirements of the relevant legislation concerning emissions of pollutants and standards relating to the state of the environment - gauged according to components, regions and type of pollutants;
  • activities of enterprises or facilities that may affect or pollute the environment;
  • existing sites and activities and sites under construction;
  • waste collection; storage, treatment; collection, and disposal of sludge from waste water treatment plants; as well as waste reuse, recycling, and recovery;
  • preservation and development of the green eco-systems in human settlements and conservation of animal life and species;
  • pollution of surface and ground water bodies after accidents or accidental discharges;[2]
  • compliance with the limit values set up in the respective permits for water use, waste water discharge, hydro-geological research, and the right to use thermal water sources, water systems, and facilities[3];
  • compliance with conditions established in Environmental Impact Assessment Decisions.

Each RIEWS is equipped with a laboratory complex for water and air quality analysis; 9 of the laboratories are also equipped for soil quality analysis, and 7- forradio-ecological analysis. Through the RIEWs the MoEW oversees 57 urban wastewater treatment plants, approximately 2800 local wastewater treatment plants and around 900 air purification facilities. The state of the ambient air, and of the surface, ground, and sea water is overseen at the respective designated sites.

In order to implement the Water Act of 27 July 1999, 4 basin directorateswere establishedin 2002at the 4 large river basins of the country (Danube, Black Sea, Eastern Aegean Sea, Western Aegean Sea). The scope of and the structure of the BD are provided for in the Statute on the Structure and Activity of the Basin Directorates (SG No 10/01.2002). Each Basin Directorate has6 operational units, one of which in charge with control functions.

The unit “Control, relations with other institutions and provision of information to the public” is in charge with the following control functions:

  • Control over the watersheds state and capacity;
  • Control over the discharge facilities in the receiving waters;
  • Control over the extraction of inert materials and other activities carried out in the river-beds;
  • Control over the state and proper operation of:

-the facilities for water use and water quantities measurement;

-the wastewater treatment facilities;

-the water self-monitoring networks;

-the measurement equipment of the hydro-technical facilities etc.

  • Control over compliance with the issued permits;
  • Control over the imission state of the water in the water bodies;
  • Control over maintenance of the minimum admissible water flow in the rivers;
  • Control over the pollution of the receiving waters and the groundwater in case of accidents and burst pollution;
  • Control over the design, building and operation of the wastewater treatment plants.

In 2002 the basin directorates have operated with 20 people. According to the Statute on the Structure and Activity of the Basin Directorates(Art.17) their capacity will be strengthened with additional staff of 230 people, which will allow them to adequately enforce the water related legislation in the country.

At local level the municipality mayors or persons authorized by themoversee the implementation of municipal waste management related legislation.

Enforcement procedures

Control activities in Bulgaria are specified in Chapter IX of the Environmental Protection Act and are divided as follows:

Preventive control -- Preventive environmental protection control is implemented through environmental assessment upon approval of plans and programmes, through EIA as a condition for the issuance of a design permit, and by means of issuance of integrated and other permits provided for in the law.

The EIA procedure is the basic instrument of preventive environmental control. It is harmonised with the European requirements, including its scope and the need for pro-active public participation in the procedure. The new Environmental Protection Act fully conforms with the requirements of the Directive related to the scope of activities subject to assessment, definitions of principles and procedures, and transboundary impacts. The adoption of a new Regulation on Environmental Impact Assessment is anticipated within six months after the adoption of the new Environmental Protection Act (SG No91/09.2002).

The Ministry of Environment and Water is the competent authority for the organisation and implementation of the environmental impact assessment procedures. The High Environmental Expert Council is the decision-making body on the EIA-Reports. The Council consists of experts representing the Ministry of Environment and Water, Ministry of Regional Development and Public Works, Ministry of Health, Ministry of Agriculture and Forestry, Ministry of Economy, as well as representatives of municipalities and NGOs.

As provided by the Environmental Protection Act (Art. 81, par. (1), item 1) from 1.06.2004, environmental assessment shall be conducted of plans or programmes, which are in a process of preparation and/or approval by central or local executive authorities and the National Assembly.Environmental assessment of plans and programmes shall be conducted simultaneously with the preparation therein, taking into account the objectives and the geographical scope of the plans or programmes and the level of detail thereof, so that the likely effects on the environment of implementation of the development proposals included in the plans or programmes are appropriately identified, described and evaluated.

Current and Follow-Up Control – consist ofregular checking, surveillance and measurements related to:

-conservation of the air, water and soil quality;

-preservation and sustainable use of the natural and ground resources;

-implementation of structural plans;

-waste treatment;

-biodiversity conservation.

Current controlis related first of all to overseeing the quality of the environmental media and of the factors impacting these media. It includes also overseeing compliance with the conditions specified in the permits and environmental impact assessment decisions as issued by the Ministry of Environment and Water, the Basin Directorates and the Regional Inspectorates of Environment and Water and of the measures provided for in the programmes.

The current control is implemented by means of inspections, observations and measurements and includes access to: the data on the self-monitoring of the site, conducted by the operator; information relating to the production activity on the site; the real estate property and facilities constituting state, municipal and private property.

In the course of exercise of current control, officials designated by the competent authorities draw up memorandums of ascertainment, which present the facts and circumstances as ascertained and give mandatory prescriptions, specifying deadlines and persons responsible for implementation of the prescriptions.

Follow-up controlis implemented by following:

  • the results of implementation of the measures provided for in the EIA decisions and the permits, as well as the results of execution of development projects;
  • implementation of the prescriptions given to the persons controlled during preventive and current control.

Enforcement of administrative and economic measures such as sanctions including fines, penalties, cease-and-desist orders, or even penal prosecutions for violation of the environmental provisionsare part of the current and follow-up control.

Bulgaria follows a streamlined policy based on the “polluter pays” principle. The adopted legislation provides for full coverage of the costs of water supply and waste water treatment, as well as for urban waste treatment, through taxes paid by the beneficiaries of these services.

In case of transboundary pollution, accidents, and hazards, the MoEW and the Regional Inspectorates carry out activities related to clean-up of the consequences and avoidance of further secondary pollution of the environmental components. The Ministry is responsible for carrying out these activities, together with:

-The State Agency for Civil Protection;

-The Ministry of Internal Affairs (Control of Dangerous Substances Division, Customs Police Division, and Fire-precaution Division);

-The National Service for Plant Protection, Quarantine and Agro-chemistry within the Ministry of Agriculture and Forestry;

-Regional Health Inspections within the Ministry of Health;

-Regional District authorities and municipalities;

-Non-governmental organisations.

Environmental Inspectorates – human resources

Information on the human resources available in the 15 Regional Inspectorates for Environment and Water and in the 3 National Parks Directorates (2000 and 2001)[4]

No. RIEW [5] / Number of staff 2000 / Number of staff 2001
1. Blagoevgrad / 21.0 / 23
2. Bourgas / 40.5 / 46.5
3. Haskovo / 30.0 / 31
4. Montana / 24.5 / 25.5
5. Pazardjik / 22.5 / 26.5
6. Pleven / 33.0 / 33
7. Plovdiv / 41.0 / 42
8. Rousse / 37.0 / 38
9. Shoumen / 21.0 / 21
10. Smoljan / 19.0 / 21
11. Sofia / 62.0 / 64
12 Stara Zagora / 35.0 / 36
13. Varna / 41.0 / 44
14. Veliko Turnovo / 25.0 / 25
15. Vratza / 24.5 / 25.5
TOTAL: / 477.0 / 502.00
National Parks Directorates
1. Central Balkan / 38 / 61
2. Pirin / 27 / 41
3. Rila / 55 / 73
TOTAL: / 120 / 175
TOTAL: / 597.0 / 677
(appr. 400 inspectors)

According to the newly adopted administrative structure of the Ministry of Environment (SG No 64/2002) the regional inspectorates will be strengthened with additional personnel of 180 persons, most of whom – inspectors. The entire structure of the Ministry envisages appointment of more than 500 people in 2003, which is to ensure adequate implementation and enforcement of the environmental law in Bulgaria.

Environmental Inspection in Practice

Operative Control Carried Out by RIEWS in 2000 (04 Jan.-29 Dec. 2000)[6]

RIEW

/ Number of inspections carried out / Number of reports drawn up against polluters / Number of issued penalty statements / Number of sanctions imposed (up to 2000 BG leva[7]) / Number of sanctions over 2000 BG leva (MoEW[8])
1 / 2 / 3 / 4 / 5 / 6
1. Blagoevgrad / 569 / 29 / 24 / 40 / 2
2. Bourgas / 1343 / 69 / 105 / 96 / 12
3. Haskovo / 612 / 68 / 37 / 23 / 4
4. Montana / 1159 / 147 / 145 / 16
5. Pazardjik / 943 / 89 / 88 / 11 / 4
6. Pleven / 1187 / 127 / 86 / 23
7. Plovdiv / 900 / 110 / 109 / 22 / 6
8. Rousse / 951 / 68 / 156 / 39 / 7
9. Shoumen / 1330 / 317 / 355 / 93 / 6
10. Smoljan / 740 / 38 / 28 / 11
11. Sofia / 1865 / 162 / 178 / 52 / 12
12. Stara Zagora / 1201 / 163 / 135 / 36 / 4
13. Varna / 1645 / 260 / 194 / 44 / 7
14. V. Turnovo / 1147 / 105 / 104 / 13 / 3
15. Vratza / 580 / 100 / 55 / 22 / 3
TOTAL: / 16161 / 1835 / 1755 / 541 / 70

Operative control carried out by RIEWS in 2001 (02 Jan.-29 December 2001)[9]

RIEWS

/ Number of inspections carried out / Number of reports drawn up against polluters / Number of issued penalty statements / Number of sanctions imposed (up to 2000 BG leva) / Number of sanctions over 2000 BG leva (MoEW[10])
1 / 2 / 3 / 4 / 5 / 6
1. Blagoevgrad / 507 / 65 / 49 / 20 / 6
2. Bourgas / 1010 / 97 / 97 / 109 / 0
3.Haskovo / 577 / 74 / 62 / 11 / 5
4.Montana / 1116 / 125 / 124 / 11 / -
5.Pazardjik / 703 / 47 / 45 / 9 / 2
6.Pleven / 1028 / 66 / 65 / 17 / 0
7.Plovdiv / 1132 / 100 / 100 / 8 / 3
8.Rousse / 852 / 173 / 128 / 37 / 4
9.Shoumen / 765 / 202 / 202 / 88 / 2
10.Smoljan / 843 / 79 / 39 / 12 / -
11.Sofia / 2469 / 119 / 116 / 46 / 2
12.St. Zagora / 580 / 163 / 136 / 20 / 3
13. Varna / 1529 / 203 / 219 / 9 / 5
14.V. Turnovo / 1019 / 102 / 95 / 7 / 1
15. Vratza / 554 / 60 / 54 / 16 / 2
TOTAL: / 14684 / 1675 / 1531 / 420 / 35

Operative Control Carried Out by RIEWS in 2002 (02 Jan.-29 Dec. 2002).[11]

RIEWS

/ Number of inspections carried out / Number of reports drawn up against polluters / Number of issued penalty statements / Number of sanctions imposed (up to 2000 BG leva) / Number of sanctions over 2000 BG leva (MoEW[12])
1 / 2 / 3 / 4 / 5 / 6
1. Blagoevgrad / 488 / 67 / 60 / 9 / 2
2. Bourgas / 1034 / 73 / 50 / 47 / 4
3.Haskovo / 477 / 58 / 33 / 18 / 3
4.Montana / 901 / 102 / 100 / 11
5.Pazardjik / 533 / 24 / 21
6.Pleven / 756 / 39 / 38 / 17 / 2
7.Plovdiv / 1030 / 84 / 87 / 3 / 5
8.Rousse / 1062 / 209 / 176 / 34 / 4
9.Shoumen / 827 / 197 / 164 / 59
10.Smoljan / 650 / 25 / 14 / 14
11.Sofia / 2325 / 67 / 50 / 15 / 6
12.St. Zagora / 891 / 101 / 109 / 8 / 1
13. Varna / 995 / 76 / 65 / 7 / 4
14.V. Turnovo / 724 / 61 / 55 / 2 / -
15. Vratza / 559 / 86 / 62 / 4 / -
TOTAL: / 13252 / 1269 / 1084 / 248 / 31

Within the scope of their environmental control activities RIEWs experts annually participate (at the average rate) in the clean-up of the consequences of 50 accidents, carry out approximately 15,000 inspections, draw up about 1500 statements against polluters and impose approximately 400 sanctions.

The amount of fines collected in the years 2000 and 2001 are respectively 1,700,000 and 1,740,000 Euro. Approximately 2,500,000 Euro of past claims were collected in 2001, after a State Claims Agency was established within the Ministry of Finance[13].

Twenty per cent of these funds are to be reinvested through the Enterprise for Management of Environmental Protection Activitiesestablished by the new Environmental Protection Act (Art.60) in environmental protection measures. Eighty per cent of the proceeds from sanctions imposed for environmental pollution or damage exceeding the permissible levels, are to be credited in revenue to the budget of the municipality where the penalized establishment is located in order to be expended on environmental projects and activities according to priorities specified in the municipal environmental programmes. According to the old EPA this proportion was respectively seventy to thirty per cent.

LIST of ABBREVIATIONS

EIA / Environmental Impact Assessment
EPA / Environmental Protection Act
MoEW / Ministry of Environment and Water
BD / Basin Directorate(s)
RIEWs / Regional Inspectorates of Environment and Water

1

[1] X
Implementation
Member States should inform the Commission of the implementation of this recommendation together with details of environmental inspection mechanisms already existing or foreseen not later than twelve months after its publication in the Official Journal of the European Communities.

[2] Please note that the Basin Directorates shall gradually take over most of the functions related to enforcement of the water related legislation.

[3] Please note that the Basin Directorates shall gradually take over most of the functions related to enforcement of the water related legislation.

[4] Information provided by the Directorate for Control of the RIEWS within the MoEW.

[5] In alphabetical order

[6] Information provided by the Directorate for Control of the RIEWs within the MoEW.

[7] 1 Euro = 1.96 BG lev (Central Bank rate, Jan.2003).

[8] The MoEW is the competent authority to take final decision on imposing sanctions amounting at more than 2000 BG leva.

[9] Information provided by the Directorate for Control of the RIEWs within the MoEW.

[10] The MoEW is the competent authority to take final decision on imposing sanctions amounting at more than 2000 BG leva.

[11] Information provided by the Directorate for Control of the RIEWs within the MoEW.

[12] The MoEW is the competent authority to take final decision on imposing sanctions amounting at more than 2000 BG leva.

[13] Information provided by the Directorate for Strategy, European Integration and International Cooperation within the MoEW