EU-Report Accession Bulgaria

Chapter 22: Environment

Since the last Regular Report, Bulgaria has continued its progress in terms of transposition of the EC environmental acquis as well as preparing for implementation of legislation. However, implementation, together with the need for increased administrative capacity and the cost of alignment, remains a major challenge.

Some progress in the integration of the environment into other policies has been made in areas such as agriculture and transport, but generally the use of sustainable development approaches remains limited in other areas of economic interest. For example, the recent energy strategy (see chapter 14: energy) whilst placing emphasis on energy efficiency, incorporates the environmental aspects in a limited and inconsistent way.

In the field of horizontal legislation, the Environmental Protection Act was adopted in September 2002. This provides the necessary legislative framework for further progress on environmental impact assessment, access to information and industrial pollution protection and control (IPPC).

As regards air quality, further legislative progress can be recorded with the adoption in November 2001 of a second amendment to the Ambient Clean Air Act, which introduces a national fuel quality control system.

In the area of waste management, a regulation on end-of-life vehicles was adopted.

In the field of water quality, progress can be noted, although delayed in comparison to earlier schedules. Implementing legislation was adopted enabling partial transposition of the EC water framework Directive, as well as on urban waste water, drinking water, bathing water and the quality of surface water for abstraction of drinking waters. New basin management authorities have been set up.

In the field of nature protection, the Law on Biological Diversity was adopted in August 2002 with a view to transposing the acquis on birds and habitats. Administrative capacity at central level and in the three national parks remains insufficient because of understaffing or insufficiently trained staff. There is however good progress in awareness raising and in relation to the involvement and participation of other bodies or interest groups in the area, including at local level.

As regards industrial pollution control and risk management, the adoption of the Environmental Protection Act has set out the legislative framework for this. The Environment Executive Agency has now set up a department for IPPC. No progress can be reported on the Seveso directive.

As regards genetically modified organisms, the schedule for transposing EC legislation by the end of 2001 was not respected.

In the area of chemicals, further progress has been made with the adoption in July 2002 of implementing legislation on import and export of certain dangerous substances and on risk assessment of new chemical substances to human health and the environment.

No further developments can be recorded in the area of noise from household appliances and outdoor equipment.

In the field of nuclear safety and radiation protection (see also chapter 14 ­ Energy), Bulgaria has made some legislative progress with the adoption in April 2002 of the regulation on the maximum allowable radioactive contamination for agricultural products and of the regulation on the requirements to limit the radioactive contamination of foodstuffs. The law on the Safe Use of Nuclear Energy was adopted in June 2002.

As regards administrative capacity, governmental bodies remain understaffed. However, in June 2002 the Council of Ministers approved a decree for the recruitment, as of January 2003, of 519 new staff. These will be allocated to the central level (62 to the Ministry itself and 47 to the Executive Environmental Agency), to the regional inspectorates (180) and to the River Basin Directorates.

Overall assessment

In relation to legislative alignment, Bulgaria has achieved a generally good level and efforts should continue to prepare legislation in all areas, in particular as regards environmental impact assessment, waste management, nature protection, industrial pollution and risk management, chemicals and genetically modified organisms, and nuclear safety and radiation protection. Now that the delays in the adoption of the Environmental Protection Act have been overcome and the Act adopted, there should be no further barriers to adoption of implementing legislation. Preparatory work is underway to complete legislative alignment and with a view to preparing implementation of the acquis.

Achieving full implementation still poses a major challenge for Bulgaria and will take significant time and effort. Bulgaria should concentrate resources into the preparation of detailed directive-specific implementation plans together with financing strategies, taking account of available resources and institutional strengthening, and into further elaborating mechanisms to monitor effective implementation. Close attention needs to be paid to the implementation of the acquis in all sectors, particularly as regards waste management (drafting of management plans, strengthening the administrative capacity, notably at local level, and setting up the necessary infrastructure, including upgrading of landfills,), water quality (designation of sensitive areas and identification of vulnerable zones, preparation of inventories and programmes, and permits for discharges of dangerous substances), industrial pollution and risk management (integrated permits, and strengthening the administrative capacity), chemicals and genetically modified organisms (strengthening the administrative capacity) and nature protection (management and protection of habitats and species, and strengthening the administrative capacity). This includes the need for enhanced co-ordination with other ministries, notably in the case of investments in infrastructure and nature protection where sound and complete environmental impact assessments must be prepared.

Most of the observations made last year as regards the environmental situation in the country remain valid. The majority of industry and of the general public is not well aware of environmental issues and this is a matter of concern, given the role industry could and should play on environmental issues. In this area, work should be undertaken with particular attention to the integrated pollution prevention and control directive.

The principle of integration requires continuous attention both at national and at Community level. Bulgaria needs to continue integrating environmental protection requirements into the definition and implementation of all other sectoral policies so as to promote sustainable development, including in the energy sector. In this respect, the inter-ministerial co-ordination on issues related to the environment remains very weak.

Bulgaria's administrative capacity to implement the acquis requires close attention. In particular, regional inspectorates and municipalities need to be further strengthened. Staff resources remain limited and awareness of the requirements of EC environmental rules needs to be further improved. It is positive that a decision has been taken to reinforce staffing of the Ministry and other public bodies as of 2003. It is important that relevant funding for this purpose is foreseen in the 2003 Budget Law. Moreover, further actions will be needed, in particular to improve the qualification of existing and newly-recruited staff.

Significant investments are needed to ensure the implementation of the environment acquis. Bulgaria should focus on planning, identification and availability of financial resources. The existing limitations as to the use of the National Environment Protection Fund, merged this year into the State budget, should not hamper public co-financing. In addition, the management of support funds, including ISPA, should be further improved.

Conclusion

In its 1997 Opinion, the Commission concluded that full transposition of the environmental acquis could be expected in the medium- to long-term, if the development of a comprehensive, cost-effective and focused environmental strategy and of adequate implementation and enforcement structures were followed. The Commission added that other prerequisites were a positive turn in the economic situation and a greater and consistent emphasis on environmental issues. It noted, however, that effective compliance with a number of pieces of legislation requiring a sustained high level of investment and considerable administrative effort (e.g. urban waste water treatment, drinking water, aspects of waste management and air pollution legislation) could be achieved only in the very long term.

Since the Opinion, Bulgaria has made steady progress in aligning its legislation with the acquis in most environment sectors and in preparing for its implementation. Bulgaria has achieved a generally good level of legislative alignment but full implementation still poses a major challenge. Administrative capacities have improved somewhat.

Negotiations on this chapter continue.

Bulgaria should now focus its efforts in particular on environmental impact assessment, waste management, nature protection, industrial pollution and risk management, chemicals and genetically modified organisms, and nuclear safety and radiation protection. Implementation and enforcement of the acquis in this area continue to constitute a major challenge for the future, in particular because of the need to increase administrative capacity, especially at regional and local level. In addition, the fact that environmental considerations are not often thoroughly considered in the context of other economic issues is a cause for concern. Relevant investments in the environment sector have produced some positive results, but much still remains to be done. Bulgaria needs to focus on investments, and on reinforcing administrative capacity and implementation within all environment sectors, while continuing progress with transposition.

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