MINISTRY OF ENVIRONMENT AND WATER REPUBLIC OF BULGARIA. Bulgaria and the Basel protocol on liability and compensation. Basel Convention. Republic of Bulgaria has ratified the Basel convention in 1996 with a special Law on ratification
Bulgaria and the Basel protocol on liability and compensation
The Waste Management Act transposes the requirements of the Directive 75/442/EEC on waste and Directive 91/689/EEC on hazardous waste in the national legislation
►the scope of waste management legislation in Bulgaria is specified;
► waste is classified in four basic classes(municipal, construction, industrialand hazardouswaste) and on this basis the competences of the different authorities are specified;
► the general definitions for “waste”, “producer” of waste, “holder” , “disposal” and “recovery” operations are introduced
Chapter V regulates the import, export and transit of waste into and out of the territory of Republic of Bulgaria
P R O C E D U R E
According to Article 5, paragraph 4 of the Constitution of the Republic of Bulgaria:
Any international instruments which have been ratified by the constitutionally established procedure,promulgated and having come into force with respect to the Republic of Bulgaria, shall be considered part of the domesticlegislation of the country. They shall supersede any domestic legislation stipulating otherwise.
1. Has your country taken any steps to ratify the Protocol on Liability and Compensation?
Republic of Bulgaria has not taken any steps to ratify the Protocol on Liability and Compensation.
2. With regard to the ratification process of international agreements in your country:
a) Which entity may initiate the ratification process and how
- The Ministry concerned shall initiate the ratification process.
- The proposal for ratification is made by the relevant Minister who submits it with a report for the necessity for approval to the Ministry of Foreign Affairs and other authorities concerned.
- After receipt of the opinions of all authorities concerned, the Minister initiating the ratification process submits all relevant documents to the Council of Ministers.
b) Would that entity retain the leading role in guiding the instrument during the entirety of the ratification process? If not, which entity will take the leading role?
- The Council of Ministers shall take a decision for approval of the proposal for ratification and submit it to the National Assembly.
- The National Assembly shall pass a Law on the ratification.
c) Which other entities must be consulted before ratification can take place?
Before ratification, the terms of the relevant international treaty or agreement are discussed in the parliamentary commissions with representatives of all Ministries concerned.
d) Which is the entity taking the final decision?
National Assembly shall ratify the Treaty/Agreement/Convention/Protocol at the end as it is approved with a Law on Ratification.
3. Are there any other requirements following ratification for an international instrument to enter into force and / or to be implemented in your country?
The President shall sign a Decree for the publication of the Law on ratification in the State Gazette in order to enter into force
4. What are the difficulties, concerns and obstacles identified in your country to ratification of the Protocol?
a) At a practical level (e.g. capacity to implement)
The efforts of our Ministry in the last years were directed to the EU Negotiation Process and the implementation of the EU legislation in the field of environment protection, so there is no enough administrative capacity.
b) At a legal / technical level (e.g. conflict with existing domestic rules)
If the Protocol ratification procedure starts there should be a great number of amendments in the existing legislations.
5. How do you think that these difficulties, concerns and obstacles could be removed?
Bulgaria shall be a member of European Union in 2007 or 2008. Then the Waste Shipment Regulation of EUshall be directly implemented in our country. So Bulgaria shall observe the opinion of the European Commission concerning the ratification of the Protocol.
6.What actions could be undertaken by the Secretariat of the Basel Convention to facilitate the ratification of the Protocol by your country?
Bulgaria is looking forward to the EU Membership and this is the highest priority for the Bulgarian Government.
The Secretariat of the Basel Convention shall conduct discussions with the European Union to solve all issues concerning the Protocol ratification.
1. Does your country have difficulties with the minimum limits of liability specified in paragraph 2 of Annex B of the Protocol on Liability and Compensation?
Our country does have difficulties with the minimum limits of liability.
According to Art. 31, paragraph 1 of the Ordinance on the order and procedure for import, export and transit of waste, and for the cases when a bank guarantee or insurance is required:
The amount of the bank guarantee or the insurance shall be determined as follows:
1. for waste listed in Annex 2 (Amber listed wastes) - not less than 500 levs per tone and not less than 50000 levs per single shipment;
2. for waste listed in Annex 3 (Red listed wastes) – not less than 2000 levs per tone and not less than 200000 levs per single shipment.
This Ordinance transposes the requirements of Council Regulation No 259/93 and the amounts are acceptable for the Bulgarian companies dealing in the field of transboundary movement of waste.
The amounts of financial guarantee according to above mentioned Ordinance is lower than minimum limits specified in Annex B to the Protocol.
2. Does your country see a need to establish financial limits on a higher level than the ones specified in paragraph 2 of Annex B of the Protocol?
At the present Bulgaria does not see a need to establish financial limits on a higher level.
3. Are there insurance solutions available to cover the liability specified in paragraph 2 of Annex B of the Protocol on Liability and Compensation? If no, are there other financial guarantees available?
In Bulgaria there are solutions covering the liability established under Regulation No 259/93 transposed in Bulgarian waste management legislation.
4. Has your country ever consulted the private insurance sector in this regard?
Until the present moment there were no consultations in this regard.
5. Does your country have any suggestions, ideas and/or comments vis-à-vis coverage for the liability which is not based upon the private insurance sector?
No. Bulgaria does not have any.