COMMISSION STAFF WORKING DOCUMENT The EU Environmental Implementation Review Country Report - BULGARIA Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions The EU Environmental Implementation Review: Common Challenges and how to combine efforts to deliver better results
Inhoudsopgave van deze pagina:
Council of the European Union
Brussels, 6 February 2017 (OR. en)
5967/17 ADD 4
ENV 103 ECOFIN 70 SOC 68 COMPET 74 POLGEN 9 CONSOM 37
COVER NOTE
From: Secretary-General of the European Commission, signed by Mr Jordi AYET PUIGARNAU, Director
date of receipt: 6 February 2017
To: Mr Jeppe TRANHOLM-MIKKELSEN, Secretary-General of the Council of the European Union
No. Cion doc.: SWD(2017) 35 final
Subject: COMMISSION STAFF WORKING DOCUMENT
The EU Environmental Implementation Review
Country Report - BULGARIA
Accompanying the document
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions
The EU Environmental Implementation Review: Common Challenges and
how to combine efforts to deliver better results
Delegations will find attached document SWD(2017) 35 final.
Encl.: SWD(2017) 35 final
EUROPEAN COMMISSION
Brussels, 3.2.2017 SWD(2017) 35 final
COMMISSION STAFF WORKING DOCUMENT
The EU Environmental Implementation Review
Country Report - BULGARIA
Accompanying the document
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions
The EU Environmental Implementation Review: Common Challenges and how to
combine efforts to deliver better results
{SWD(2017) 33 - 34 final}
{SWD(2017) 36 - 60 final}
Bulgaria 2
This report has been written by the staff of the Directorate-General for Environment, European
Commission. Any comments are welcome to the following e-mail address: ENV-EIR@ec.europa.eu
More information on the European Union is available on the internet (http://europa.eu).
Photographs: p.9 – ©swetta/iStock; p.11 – ©LIFE08 NAT/BG/000278/www.greenbalkans.org; p.14 – ©windujedi/iStock; p.19 – ©Todor Tsvetkov/iStock; p. 24 – ©Aivita/iStock
For reproduction or use of these photos, permission must be sought directly from the copyright holder.
©European Union, 2017
Reproduction is authorised provided the source is acknowledged.
Bulgaria 3
Table of Content
EXECUTIVE SUMMARY .................................................................................................................................... 4
PART I: THEMATIC AREAS ............................................................................................................................... 5
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1.TURNING THE EU INTO A CIRCULAR, RESOURCE-EFFICIENT, GREEN AND COMPETITIVE LOW-
CARBON ECONOMY ............................................................................................................................... 5
Developing a circular economy and improving resource efficiency ..................................................... 5
Waste management .............................................................................................................................. 6
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2.PROTECTING, CONSERVING AND ENHANCING NATURAL CAPITAL ....................................................... 9
Nature and Biodiversity ......................................................................................................................... 9
Green Infrastructure ........................................................................................................................... 12
Soil protection ..................................................................................................................................... 12
Marine protection ............................................................................................................................... 13
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3.ENSURING CITIZENS' HEALTH AND QUALITY OF LIFE .......................................................................... 15
Air quality ............................................................................................................................................ 15
Noise ................................................................................................................................................. 16
Water quality and management ......................................................................................................... 16
Enhancing the sustainability of cities .................................................................................................. 18
International agreements ................................................................................................................... 19
PART II: ENABLING FRAMEWORK: IMPLEMENTATION TOOLS ..................................................................... 20
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4.MARKET BASED INSTRUMENTS AND INVESTMENT ............................................................................ 20
Green taxation and environmentally harmful subsidies ..................................................................... 20
Green Public Procurement .................................................................................................................. 20
Investments: the contribution of EU funds ......................................................................................... 21
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5.EFFECTIVE GOVERNANCE AND KNOWLEDGE ...................................................................................... 24
Effective governance within central, regional and local government ................................................. 24
Compliance assurance ......................................................................................................................... 26
Public participation and access to justice ........................................................................................... 27
Access to information, knowledge and evidence ................................................................................ 28
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Executive summary
About the Environmental Implementation Review While the Bulgarian legislation reflects accurately the
In May 2016, the Commission launched the environmental requirements agreed at EU level, their Environmental Implementation Review (EIR), a two-year implementation on the ground remains a challenge.
cycle of analysis, dialogue and collaboration to improve Air quality continues to give cause for severe concern.
the implementation of existing EU environmental policy
and legislation 1 . As a first step, the Commission drafted Construction developments in Natura 2000 areas, lack of 28 reports describing the main challenges and integration of nature and biodiversity policy into other opportunities on environmental implementation for each sectorial policies, weak administration, lack of adequate Member State. These reports are meant to stimulate a management plans and conservation objectives are some positive debate both on shared environmental challenges of the main threats to nature and biodiversity in Bulgaria.
for the EU, as well as on the most effective ways to River Basin Management Plans indicate significant gaps, address the key implementation gaps. The reports rely on also reflected by very low connection and treatment the detailed sectoral implementation reports collected or rates for urban waste water. Drinking water, however, issued by the Commission under specific environmental reaches high compliance rates in Bulgaria and over 90 % legislation as well as the 2015 State of the Environment of its bathing waters are of good and excellent quality.
Report and other reports by the European Environment
Agency. These reports will not replace the specific Main Challenges
instruments to ensure compliance with the EU legal The three main challenges with regard to obligations. implementation of EU environmental policy and law in
The reports will broadly follow the outline of the 7th Bulgaria are:
Environmental Action Programme 2 and refer to the 2030 Ensuring better protection of human health by Agenda for Sustainable development and related enforcing effective and efficient solutions to reduce Sustainable Development Goals (SDGs) 3 to the extent to air pollution. which they reflect the existing obligations and policy Providing and implementing the investments
objectives of EU environmental law 4 . required to ensure appropriate collection and
The main challenges have been selected by taking into treatment of urban waste water. account factors such as the importance or the gravity of Ensuring sound enforcement of Nature protection the environmental implementation issue in the light of legislation.
the impact on the quality of life of the citizens, the
distance to target, and financial implications. Main Opportunities
The reports accompany the Communication "The EU Bulgaria could perform better on topics where there is Environmental Implementation Review 2016: Common already a good knowledge base and good practices. This challenges and how to combine efforts to deliver better applies in particular to:
results", which identifies challenges that are common to Ensuring the implementation of the adopted Waste
several Member States, provides preliminary conclusions Management Plan and the Waste Prevention on possible root causes of implementation gaps and Programme, including the measures for closure and proposes joint actions to deliver better results. It also rehabilitation of all non-compliant landfills and groups in its Annex the actions proposed in each country enforcing of the ‘pay-as-you-throw’ principle. report to improve implementation at national level. Integrating the nature and biodiversity policy into
General profile other sectorial policies, and defining conservation objectives and measures for the adequate protection
Bulgaria has made significant improvements in its and management of the Natura 2000 sites. environmental performance since its accession in 2007.
Points of Excellence
1 Communication "Delivering the benefits of EU environmental policies Where Bulgaria is a leader on environmental
through a regular Environmental Implementation Review"
( COM/2016/ 316 final ). implementation, innovative approaches could be shared
2 Decision No. 1386/2013/EU of 20 November 2013 on a General Union more widely with other countries. A good example is
Environmental Action Programme to 2020 " Living well, within the that:
3 United Nations, 2015. The Sustainable Development Goals Bulgaria has adopted a well-structured and coherent
4 This EIR report does not cover climate change, chemicals and energy.
Bulgaria v
Waste Management Plan, used as a model by other Bulgaria reaches nearly 100% compliance rate as Member-States. regards the quality of its drinking water.
Part I: Thematic Areas
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1.Turning the EU into a circular, resource-efficient, green and
competitive low-carbon economy
Developing a circular economy and improving of funding options set up by the European funded
resource efficiency Operational Programmes.
The 2015 Circular Economy Package emphasizes the need Figure 1: Resource productivity 2003-15
8
to move towards a lifecycle-driven ‘circular’ economy, with a cascading use of resources and residual waste that is close to zero. This can be facilitated by the development of, and access to, innovative financial instruments and funding for eco-innovation.
SDG 8 invites countries to promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all. SDG 9 highlights the need to build resilient infrastructure, promote inclusive and sustainable industrialization and foster innovation. SDG 12 encourages countries to achieve the sustainable management and efficient use of natural
resources by 2030. However, individual efforts, such as funding support to
Measures towards a circular economy projects with strong resource and environmental focus, cannot compensate the highly fragmented nature of
Transforming our economies from linear to circular offers these actions and the lack of an integrated and holistic an opportunity to reinvent them and make them more approach towards the establishment of a circular sustainable and competitive. This will stimulate economy policy framework. investments and bring both short and long-term benefits
for the economy, environment and citizens alike. 5 SMEs and resource efficiency
A more circular economy and improving resource In October 2015, a funding agreement between the efficiency (how efficiently the economy uses material European Investment Fund (EIF) and the Bulgarian resources to produce wealth), will stimulate investments. government was established to implement the SME
Bulgaria is with Estonia and Romania the worst Initiative in Bulgaria. This innovative instrument will performer in the EU in terms of resource productivity unlock over EUR 600 million for lending to Bulgarian (how efficiently the economy uses material resources to small and medium businesses.
produce wealth) 6 , with 0.28 EUR/kg (EU average is 2 For employment and value added, SMEs are more EUR/kg) in 2015. 7 Figure 1 shows that Bulgaria's important for Bulgaria's non-financial business economy
performance has not changed much since 2003. than on average in the EU. SMEs accounted for 76 % of
In Bulgaria, to date, no overarching circular economy total employment, 9 percentage points more than the EU policy programme exists. Despite the growing demand average. Their 62 % contribution to total value added for environmentally-friendly products and services, exceeded the EU average by 4 percentage points.
stakeholders remain reluctant to invest in these areas. To The performance of Bulgarian Small and Medium-sized meet the objectives of promoting energy efficiency, enterprises (SMEs) since 2008 has been mixed. They are renewable energy sources, waste management and estimated to have returned to pre-crisis levels of value green transport, local stakeholders are taking advantage added in 2014, but have not recovered jobs lost during
the crisis: employment in SMEs in 2014 stood 7 % below
5 European Commission, 2015. Proposed Circular Economy Package the 2008 level. Forecasts predict a further 5 % increase in
6 Resource productivity is defined as the ratio between gross domestic
product (GDP) and domestic material consumption (DMC).
7 Eurostat, Resource productivity , accessed October 2016 8 Eurostat, Resource productivity , accessed October 2016
Bulgaria 6
value added and a moderate 1 % rise in employment organisations to 9.
until 2016. Regarding Ecolabel licenses, Bulgaria is within the lowest
According to the Flash 426 Eurobarometer, the resource achieving group of EU countries. It has had less than 10 efficiency actions undertaken allowed the reduction of Ecolabel licenses. production costs in a 48% of Bulgarian SMEs.
The Flash 426 Eurobarometer "SMEs, resource efficiency
and green markets" 9 defines "green job" as a job that Figure 2: Eco-Innovation Index
10
directly deals with information, technologies, or materials that preserves or restores environmental quality. This requires specialised skills, knowledge, training, or experience (e.g. verifying compliance with environmental legislation, monitoring resource efficiency within the company, promoting and selling green products and services). The flash Eurobarometer shows that 36% of the SMEs in Bulgaria have one or more full time employee working in a green job at least some of the time. Bulgaria has an average number of 3.5 full time green employees per SME.
Eco-innovation
Despite the efforts made in recent years by the Bulgarian government to improve the legislative framework and to promote innovation and eco-innovation, Bulgaria still lags behind in these areas. According to the latest survey of the Innovation Union (2015) and 2015 Eco-Innovation
Scoreboard (Eco-IS) results, Bulgaria continues to rank last in the EU and remains a “modest innovator” despite its willingness to reach the “moderate innovator” group as is planned according to its strategic vision up to 2020 as shown in Figure 2.
In Bulgaria, some of the most important barriers to ecoinnovation and circular economy are of economic and financial nature. The high energy prices and the limited
funding to finance renovation and modernization of the Suggested action
machinery of Bulgarian enterprises are the most
significant ones. • Develop a strategic long-term view and an integrated approach for mainstreaming sustainable development
Drivers include market demand for new green products thinking and eco-innovation across the government’s and technologies due to the improvement in the quality policies.
of life and orientation towards a healthy lifestyle. The
demand for new jobs in the areas of green and blue Waste management
economy, the internationalization and globalisation of
economy which post requirements for improvement of Turning waste into a resource requires:
SMEs competitiveness, based on introduction of − Full implementation of Union waste legislation, innovative & eco-innovative technologies, energy and which includes the waste hierarchy; the need to resource efficiency, are also driving eco-innovation in ensure separate collection of waste; the landfill
Bulgaria. diversion targets etc. − Reducing per capita waste generation and waste
Towards May 2016 Bulgaria had 5 EMAS registered generation in absolute terms. organisations, which represented 0.1% of all registered − Limiting energy recovery to non-recyclable materials organisations – among the lowest scores within the EU. and phasing out landfilling of recyclable or However, it should be noted that in only five months recoverable waste.
Bulgaria has increased the number of registered SDG 12 invites countries to substantially reduce waste
generation through prevention, reduction, recycling and
9 European Commission, 2015. Flash 426 Eurobarometer "SMEs, resource efficiency and green markets" 10 Eco-innovation Observatory : Eco-Innovation scoreboard 2015
Bulgaria 7
reuse, by 2030. In 2014 the recycling rate actually decreased in comparison to 2013 – by 3%. Composting remains at a
The EU's approach to waste management is based on the very low level of 2%.
"waste hierarchy" which sets out an order of priority
when shaping waste policy and managing waste at the Figure 4: Recycling rate of municipal waste 2007-14
15
operational level: prevention, (preparing for) reuse, recycling, recovery and, as the least preferred option, disposal (which includes landfilling and incineration without energy recovery).
The progress towards reaching recycling targets and the
adoption of adequate WMP/WPP 11 should be the key
items to measure the performance of Member States.
This section focuses on management of municipal waste for which EU law sets mandatory recycling targets.
Figure 3: Municipal waste by treatment in Bulgaria 2007-
14 12
Bulgaria still has one of the highest landfilling rates of municipal waste in the EU (74% in 2014 compared to the EU average of 28%). In order to help bridge the implementation gap in Bulgaria, the Commission has
delivered a roadmap for compliance. 16
Bulgaria's implementation record is to be further improved by addressing as a matter of priority outstanding cases related to closure and rehabilitation of non-compliant landfills – a number of non-compliant landfills have been closed but there are still quite a few in operation. It is essential to strictly follow the schedule for the gradual closure and rehabilitation of all noncompliant landfills. Continuous efforts are needed on
As shown in Figure 3, municipal waste 13 generation in irregular landfilling of waste.
Bulgaria has slightly increased in 2014 breaking the Full implementation of the existing waste legislation downward trend since 2008 but remains below the EU could create more than 14 000 jobs in Bulgaria and average (442 kg/y/inhabitant compared to around 475 increase the annual turnover of the waste sector by over kg/y/inhabitant). Figure 3 depicts the municipal waste by €1500 million. Moving toward the targets of the waste treatment in Bulgaria in terms of kg per capita. It shows legislation and policies could create an additional 16 500 that, contrary to the desired trend, there is an increase of jobs and increase the annual turnover of the waste sector
landfilling and a decrease of recycling. by over €1700 million. 17
As shown in Figure 4, recycling of municipal waste In 2013 Bulgaria has introduced by law that waste (including composting) remains relatively low (25% collection fees should be calculated on the basis of waste compared to the EU average of 44%); significant efforts generated (i.e. 'pay-as-you-throw' principle) to replace will be needed to meet the EU recycling target by 2020. 14 the method based on the value of the real estate
11 Waste Management Plans/Waste Prevention Programmes ESTAT (and referred to in this report) to calculate their recycling rates
12 Eurostat, Municipal waste and treatment, by type of treatment and track compliance with the 2020 target of 50% recycling of
method, accessed October 2016 municipal waste
13 Municipal waste is defined as household waste or waste comparable 15 Eurostat, Recycling rate of municipal waste , accessed October 2016 in its nature to household waste generated by administration, 16 European Commission, Final Roadmap for Bulgaria
services, businesses, and industrial activities, and it consists of waste 17 Bio Intelligence service, 2011. Implementing EU Waste legislation for collected by or on behalf of municipal authorities, or directly by the Green Growth , study for European Commission. The breakdown per private sector (business or private non-profit institutions) not on country on job creation was made by the consultant on Commission behalf of municipalities demand but was not included in the published document.
14 Member States may choose a different method than the one used by
Bulgaria 8
property. It was due to enter into force on 1 st January
2015 but the enforcement was postponed twice, last
target date being 1 st January 2017. There is still no clear
indication on how the amount of waste would be calculated.
Bulgaria adopted its Waste Management Plan and the
Waste prevention Programme. The Waste Management
Plan is well structured and coherent, and includes specific policy measures to reach the 2020 recycling targets, responsibilities for their implementation and the necessary budget. In 2016 several calls to use Cohesion policy funds were published targeting green and other bio-degradable waste collection and treatment.
Suggested action
• Focus on implementation of the separate collection obligation to increase recycling rates and prioritise the separate collection of bio-waste in order to increase composting rates.
• Mobilise investment, including through EU funds, to the first steps of waste hierarchy; avoid building excessive infrastructure for the treatment of residual waste; and address as a matter of priority noncompliant landfills.
• Enforce the pay-as-you-throw principle which was adopted in 2013 and is part of the Waste Management Plan, ensure that it provides strong incentives to collect separately and recycle waste, and make continuous efforts on illegal landfilling of waste.
• Ensure cost-effectiveness, wide coverage, effective monitoring and transparency of EPR schemes.
Bulgaria 9
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2.Protecting, conserving and enhancing natural capital
Nature and Biodiversity terrestrial and aquatic habitats, in particular as result of
The EU Biodiversity Strategy aims to halt the loss of the boom of urban and infrastructure developments in the last 15 years (including in Natura 2000 sites);
biodiversity in the EU by 2020, restore ecosystems and increased levels of air, water and soil pollution, as well as
their services in so far as feasible, and step up efforts to
avert global biodiversity loss. The EU Birds and Habitats the direct exploitation and over-exploitation of economically viable species. Policy-related weaknesses
Directives aim at achieving favourable conservation include poor enforcement of conservation laws and status of protected species and habitats. environmental regulations; insufficient integration of nature SDG 14 requires countries to conserve and sustainably and biodiversity policy into other sectorial policies; ineffective use the oceans, seas and marine resources, while SDG 15 management and administration of protected areas ; weak requires countries to protect, restore and promote the administration; absence of adequate management plans, sustainable use of terrestrial ecosystems, sustainably conservation objectives and measures; insufficient manage forests, combat desertification, and halt and financing or inefficient spending of the available reverse land degradation and halt biodiversity loss. financing (i.e. the financing does not necessarily go to
The 1992 EU Habitats Directive and the 1979 Birds where the priorities are) and lack of enforcement.
Directive are the cornerstone of the European legislation aimed at the conservation of the EU's wildlife. Natura
2000, the largest coordinated network of protected areas in the world, is the key instrument to achieve and implement the Directives' objectives to ensure the longterm protection, conservation and survival of Europe's most valuable and threatened species and habitats and the ecosystems they underpin.
The adequate designation of protected sites as Special
Ares of Conservation (SAC) under the Habitats Directive and as Special Protection Areas (SPA) under the Birds
Directive is a key milestone towards meeting the objectives of the Directives. The results of Habitats
Directive Article 17 and Birds Directive Article 12 reports and the progress towards adequate Sites of Community
Importance (SCI)-SPA and SAC designation 18 both in land
and at sea, should be one of the key indicators to measure the performance of Member States.
Although Bulgaria is a relatively small country (111 001.9 Bulgaria has designated 234 Natura 2000 sites under the km 2 ), due to its highly varied climatic, geological, Habitats Directive (Sites of Community Importance/SCIs). topographic and hydrologic conditions it is very rich in Three of them are entirely marine sites, while 14 include biological diversity – 26% of the total species described marine sites in their territory. Bulgaria has also for Europe occur in its territory and represent more than designated 119 Natura 2000 sites under the Birds 2% of the species in the world 19 . Thus Bulgaria country Directive (Special Protection Areas/SPAs. In total, the SCIs region ranks among the countries with the greatest and SPAs cover 41 053.2 km2 of Bulgaria's territory of biological diversity in Europe. 34% of the land is covered which 38 231.84 km2 of land and 2 821.35 km2 of its by forests situated mostly on mountain slopes and nonmarine territory.
arable lands. Bulgaria’s Natura 2000 network hosts 90 habitat types,
The main threats to biodiversity in Bulgaria are the loss of 121 species other than birds, including 28 priority habitats and 8 priority species; 120 birds and 70
18 migratory birds. Sites of Community Importance (SCIs) are designated pursuant to the
Habitats Directive whereas Special Areas of Protection (SPAs) are The terrestrial part of the Natura 2000 network is almost
designated pursuant to the Birds Directive; figures of coverage do
not add up due to the fact that some SCIs and SPAs overlap. Special completed with only one exception in Rila Mountain.
Areas of Conservation (SACs) means a SCI designated by the Member However, the latest assessment of the SCI part of the
States. Natura 2000 network shows that there are significant
19 IUCN Red List, Bulgaria's biodiversity at risk
Bulgaria 10
insufficiencies as regards the marine components of the of the administration and other bodies dealing with the
network 20 (see Figure 5 21 ). Natura 2000 network is essential.
Figure 5: Sufficiency assessment of SCI networks in In terms of site management, Bulgaria has established
Bulgaria based on the situation until December 2013 management bodies only for the Natura 2000 sites which
(%) 22 overlap with the three national parks and the six nature
parks. There are management plans for these nine parks in place but not all of them are up to date. A very limited number of other Natura 2000 sites have management plans in place.
Integrating nature and biodiversity policy into other sectorial policies will not only lead to a better management of the Natura 2000 areas and protection of species, but could provide additional sources of
financing. 24
Figure 6: Conservation status of habitats and species in
Bulgaria in 2007/2013 (%) 25
Bulgaria has not yet fulfilled its obligations under
Articles 4(4) and 6(1) of the Habitats Directive to designate the SCIs as special areas of conservation
(SACs) and, respectively, define the conservation objectives and establish conservation measures for them. In June 2016, very few of the SCIs had their designation orders published.
A big mapping project of EUR 12.5 million was recently implemented under the Environmental Operational
Programme. It covers all Natura 2000 sites so there is no
lack of data and the information is publicly available 23 .
While continuing to collect data and monitor the progress towards achieving the objectives of the directives, a strong and urgent focus on the establishment of conservation objectives and
implementation of concrete programmes and plans According to the report on the conservation status of together with establishment of efficient management habitats and species covered by the Habitats Directive 26 , structure for Natura 2000 and strengthening the capacity 10.9% of the habitats' biogeographic assessments were
favourable in 2013 (EU 27: 16%). Furthermore, 88% are
20 For each Member State, the Commission assesses whether the considered to be unfavourable–inadequate 27 (EU27:
species and habitat types on Annexes I and II of the Habitats Directive, are sufficiently represented by the sites designated to
date. This is expressed as a percentage of species and habitats for 24 European Commission, 2016. Integration of Natura 2000 and
which further areas need to be designated in order to complete the biodiversity into EU funding (EAFRD, ERDF, CF, EMFF, ESF). Analysis network in that country. The current data , which were assessed in of a selection of operational programmes approved for 2014-2020 2014-2015, reflect the situation up until December 2013. 25 These figures show the percentage of biogeographical assessments in
21 The percentages in Figure 5 refer to percentages of the total number each category of conservation status for habitats and species (one
of assessments (one assessment covering 1 species or 1 habitat in a assessment covering 1 species or 1 habitat in a given biographical given biographical region with the Member State); if a habitat type or region with the Member State), respectively. The information is a species occurs in more than 1 Biogeographic region within a given based on Article 17 of the Habitats Directive reporting - national Member State, there will be as many individual assessments as there summary of Bulgaria
are Biogeographic regions with an occurrence of that species or 26 The core of the ‘Article 17’ report is the assessment of conservation
habitat in this Member State. status of the habitats and species targeted by the Habitats Directive. 22 European Commission internal assessment. 27 Conservation status is assessed using a standard methodology as
23 http://natura2000.moew.government.bg/ being either ‘favourable’, ‘unfavourable-inadequate’ and
Bulgaria 11
47%) and none are unfavourable – bad (EU27: 30%). As issue, following the example of other European for the species, 53.8% of the assessments were countries, is to establish a national forest inventory to favourable in 2013 (EU 27: 23%) 35,6% at unfavourableensure an appropriate reporting of forest changes and inadequate (EU27: 42%) and 3% unfavourable-bad status carry out independent supervision on the inventory in
(EU27: 18%). This is depicted in Figure 6 28 . Only 2,5 of the Forestry Management Plans.
unfavourable assessments for species were showing a
positive trend in 2013. No unfavourable assessment for Suggested action
habitats was showing a positive trend in 2013. • Complete the SAC designation process and put in place
Figure 7 shows that as far as birds are concerned, 62 % of clearly defined conservation objectives and the the breeding species showed short-term increasing or necessary conservation measures for the sites and stable population trends (for wintering species this figure provide adequate resources for their implementation
was 35 %). in order to maintain/restore species and habitats of community interest to a favourable conservation status
Figure 7: Short-term population trend of breeding and across their natural range.
wintering bird species in Bulgaria in 2012 (%) 29 • Establish efficient management structures for the
Natura 2000 network, with the appropriate administrative and financial capacity, on the basis of consultation with stakeholders and the public.
• Enhance efforts to collect reliable data and to improve the quality of the assessment and permitting procedures.
Communication initiatives in order to explain the Natura
2000, its objectives, obligations, opportunities and benefits both at national and regional level, especially in the areas were opposition to the Natura network is observed, could help avoiding negative attitudes and gain local people’s support.
Despite introducing some measures addressing the issue,
illegal practices related to logging are still observed. Estimating Natural Capital
Assessments show that in 2006-2013 Bulgaria marked a The EU Biodiversity Strategy to 2020 calls on the Member limited progress in the fight against illegal logging; expert States to map and asses the state of ecosystems and analysis of statistical data showed an annual volume of their services in their national territories by 2014, assess
illegal logging amounting to 2.5 million m 3 or 1/4 of the the economic value of such services, and promote the
total yield. Forests which are over-exploited as a result of integration of these values into accounting and reporting illegal logging cannot effectively provide their systems at EU and national level by 2020. The EU MAES production, water regulation and environmental initiative (Mapping and Assessment of Ecosystems and
services. 30 The most effective solution to address this their Services) supports the Member States in this work
in order to ensure that ecosystems and their services can ‘unfavourable-bad’, based on four parameters as defined in Article 1 be taken into account in planning and development
of the Habitats Directive.
28 decisions. Please note that a direct comparison between 2007 and 2013 data is
complicated by the fact that Bulgaria and Romania were not covered Work is underway in Bulgaria to develop national
by the 2007 reporting cycle, that the ‘unknown’ assessments have
strongly diminished particularly for species, and that some reported methodologies for the mapping and assessment of
changes are not genuine as they result from improved data / ecosystems and their services.
31
In the framework of the monitoring methods. implementation of programme BG03 “Biodiversity and
29 Article 12 of the Birds Directive reporting - national summary of
30 Analysis of Illegal Logging in Bulgaria for the period 2006-2013 WWF, 31 Ecosystem services are benefits provided by nature such as food,
2014 clean water and pollination on which human society depends.
Bulgaria 12
ecosystem services”, a model on ecosystem services will number of local restoration initiatives are under way, be added to the Bulgarian Biodiversity information often involving partnerships between NGOs, local system. The programme also supports information stakeholders and protected areas management exchange events and activities. The MAES initiative can authorities. significantly help the work of the scientific committee on
methodologies for the mapping and assessment of Soil protection
ecosystems and their services. 32 The EU Soil Thematic Strategy highlights the need to
Suggested action ensure a sustainable use of soils. This requires the prevention of further soil degradation and the
• Provide support to the mapping and assessment of preservation of its functions, as well as the restoration of ecosystems and their services, valuation and degraded soils. The 2011 Road Map for Resourcedevelopment of natural capital accounting systems. Efficient Europe, part of Europe 2020 Strategy provides that by 2020, EU policies take into account their direct
Green Infrastructure and indirect impact on land use in the EU and globally,
The EU strategy on green infrastructure 33 promotes the and the rate of land take is on track with an aim to incorporation of green infrastructure into related plans achieve no net land take by 2050.
and programmes to help overcome fragmentation of SDG 15 requires countries to combat desertification, habitats and preserve or restore ecological connectivity, restore degraded land and soil, including land affected by enhance ecosystem resilience and thereby ensure the desertification, drought and floods, and strive to achieve continued provision of ecosystem services. a land-degradation-neutral world by 2030.
Green Infrastructure provides ecological, economic and
social benefits through natural solutions. It helps to Soil is an important resource for life and the economy. It understand the value of the benefits that nature provides provides key ecosystem services including the provision to human society and to mobilise investments to sustain of food, fibre and biomass for renewable energy, carbon
and enhance them. sequestration, water purification and flood regulation, the provision of raw and building material. Soil is a finite
The objectives of the National Biodiversity Strategy to and extremely fragile resource and increasingly
2020 are in line with the EU Green Infrastructure degrading in the EU. Land taken by urban development
Strategy. Bulgaria aims to integrate its National Ecological and infrastructure is highly unlikely to be reverted to its
Network into the EU and global ecological network and natural state; it consumes mostly agricultural land and to launch trans-boundary protected areas, zones and increases fragmentation of habitats. Soil protection is corridors. The first transboundary protected wetlands indirectly addressed in existing EU policies in areas such under the Ramsar Convention were announced in 2013, as agriculture, water, waste, chemicals, and prevention with shared management between Bulgaria and of industrial pollution.
Romania: Silver - Yezerul Calarash, Belene Islands
Complex - Suhaia and Island Ibisha – Bistrets. Bulgaria is Artificial land cover is used for settlements, production
part of the European Green Belt Initiative 34 . systems and infrastructure. It may itself be split between built-up areas (buildings) and non-built-up areas (such as
A number of activities related to different measures in linear transport networks and associated areas).
the National Biodiversity Conservation Plan 2005–2010
have been implemented, including an assessment of The annual land take rate (growth of artificial areas) as riparian habitats' condition and the impact of provided by CORINE Land Cover was 0.14% in Bulgaria over watercourse modifications on biodiversity in the lower the period 2006-12, well below the EU average (0.41%). It parts of the rivers. The National Plan for the Most represented 755 hectares per year and was mainly driven Important Wetlands in Bulgaria 2013–2022 sets by mines, quarries and dump sites as well as housing, protection, maintenance and restoration priorities as services and recreation
35 .
well as horizontal measures for the conservation and The percentage of built up land in 2009 was 1.89%, below
sustainable use of wetlands. The plan includes measures the EU average (3.23%) 36 .
for spatial and functional re-connection of wetland
habitats in line with the Green Infrastructure concept. A The soil water erosion rate in 2010 was 2.06 tonnes per ha per year, close to EU-28 average (2.46 tonnes) 37 .
32 www.bg03.moew.government.bg
33 European Union, Green Infrastructure — Enhancing Europe’s Natural 35 European Environment Agency Draft results of CORINE Land Cover
Capital, COM/2013/0249 (CLC) inventory 2012 ; mean annual land take 2006-12 as a % of 2006
34 The European Green Belt is a cross-border initiative to protect, artificial land. restore and connect high-value natural and cultural landscapes along 36 European Environment Agency, 2016. Imperviousness and
the line of the former Iron Curtain in Europe. imperviousness change , Figure 1
http://www.europeangreenbelt.org/ 37 Eurostat, Soil water erosion rate , Figure 2, accessed November 2016
Bulgaria 13
Figure 8 shows the different land cover types in Bulgaria in subregion.
2012. As part of their marine strategies, Member States had to
Figure 8: Land Cover types in Bulgaria in 2012 38 make an initial assessment of their marine waters, determine GES 40 and establish environmental targets by
July 2012. They also had to establish monitoring programmes for the on-going assessment of their marine waters by July 2014. The next element of their marine strategy was to establish a Programme of Measures in 2016. The Commission assesses whether these elements constitute an appropriate framework to meet the requirements of the MSFD.
Bulgaria's marine waters are part of the Black Sea marine region and Bulgaria is party to the Black Sea Convention. The main threats to the Black Sea region are land-based sources of pollution (e.g. nutrients coming from the Danube River). In addition, given the role of the Black Sea region as a transit route of major oil and gas exports, oil spills or accidental pollution may also become increasingly important. Finally, the Black Sea fish stock has deteriorated dramatically over the past three decades, with the diversity of commercial fish caught decreasing from about 26 species to 6. This is due to eutrophication, introduction of alien species and
overfishing. 41
In 2014, the Commission services only assessed the Bulgarian implementation of Articles 9 (determination of
There are still not EU-wide datasets enabling the good environmental status) and 10 (environmental provision of benchmark indicators for soil organic matter targets). With regards to the specificities of the decline, contaminated sites, pressures on soil biology and implementation of the MSFD, for certain descriptors, diffuse pollution. An updated inventory and assessment there is lack of clarity in the distinction between GES and of soil protection policy instruments in Bulgaria and other targets. Bulgaria has not determined GES for 4 EU Member States is being performed by the EU Expert descriptors. Overall, it was considered that Bulgaria had
Group on Soil Protection. partially adequate determinations of GES for 5 descriptors, but it was missing or inadequate for all other
Marine protection descriptors. 42
The EU Coastal and Marine Policy and legislation require It is too early to say whether Bulgarian marine waters are that by 2020 the impact of pressures on marine waters is in a good status as there were delays with the report and reduced to achieve or maintain good environmental weaknesses in identifying what GES is. status and coastal zones are managed sustainably. Bulgaria has established a monitoring programme of its SDG 14 requires countries to conserve and sustainably marine waters in 2014. However, it seems that its use the oceans, seas and marine resources for monitoring programme for all descriptors except birds, sustainable development. mammals, water column and seabed habitats, as well as
contaminants in seafood and litter need further
The Marine Strategy Framework Directive (MSFD) 39 aims refinement to constitute an appropriate framework to
to achieve Good Environmental Status (GES) of the EU's
marine waters by 2020 by providing an ecosystem monitor progress towards GES. In addition, Bulgaria
approach to the management of human activities with
impact on the marine environment. The Directive 40 The MSFD Directive defines Good Environmental Status (GES) in requires Member States to develop and implement a Article 3 as: “The environmental status of marine waters where these
marine strategy for their marine waters, and cooperate provide ecologically diverse and dynamic oceans and seas which are clean, healthy and productive”
with Member States sharing the same marine region or 41 EEA State of the Environment report, 2015, Black Sea
42 Commission Staff Working Document Accompanying the Commission Report on "The first phase of implementation of the Marine Strategy
38 European Environment Agency. Land cover 2012 and changes country Framework Directive (2008/56/EC) - The European Commission's
analysis [publication forthcoming] assessment and guidance" ( SWD(21014) 049 final and
39 European Union, Marine Strategy Framework Directive 2008/56/EC COM(2014)097 )
Bulgaria 14
reports extensive bilateral cooperation with Romania in the coordinated development of its monitoring programmes, an aspect that has contributed to regional
coherence in the context of the MSFD implementation. 43
In 2012 44 , Bulgarian marine protected areas covered
995.3 square kilometers of its marine waters in the Black
Sea. 45
Suggested action
• Continue work to improve the definitions of GES in particular for biodiversity descriptors, including through regional cooperation by using the work of the relevant Regional Sea Convention.
• Address knowledge gaps and further develop approaches assessing (and quantifying) impacts from the main pressures in order to lead to improved and more conclusive assessment results for 2018 reporting.
• Continue to integrate monitoring programmes already existing under other EU legislation and to implement joint monitoring programmes developed at (sub)regional level; enhance, in cooperation with Romania comparability and consistency of monitoring methods within the country's marine region.
• Ensure that all of the monitoring programme is implemented without delay, and is fully appropriate to monitor progress towards the Bulgaria's GES.
43 Commission Staff Working Document Accompanying the Commission
Report assessing Member States' monitoring programmes under the Marine Strategy Framework Directive (COM(2017)3 i and SWD(2017)1 final)
44 2012 Data provided by the European Environmental Agency to the
European Commission– Not published 45 Bulgaria indicated that, in 2016, marine protected areas (SPAs and
Bulgaria 15
-
3.Ensuring citizens' health and quality of life
Air quality ceilings 48 .
The EU Clean Air Policy and legislation require that air At the same time, air quality in Bulgaria continues to give quality in the Union is significantly improved, moving cause for severe concern. For the year 2013, the closer to the WHO recommended levels. Air pollution European Environment Agency estimated that about and its impacts on ecosystems and biodiversity should be 13 700 premature deaths were attributable to fine
further reduced with the long-term aim of not exceeding particulate matter 49 concentrations, 330 to ozone 50 critical loads and levels. This requires strengthening concentration and 570 to nitrogen dioxide 51 efforts to reach full compliance with Union air quality concentrations. 52 This is due also to exceedances above legislation and defining strategic targets and actions the EU air quality standards 53 such as shown in Figure 9 54 . beyond 2020. For 2014, exceedances reported include those related to The EU has developed a comprehensive suite of air the annual limit value of sulphur dioxide (SO 2 ) in one air
quality zone 55 , and particulate matter (PM 10 ) in all six air
Figure 9: Attainment situation for PM10, NO2 and O3 in 2014
quality legislation 46 , which establishes health-based
standards and objectives for a number of air pollutants. 48
As part of this, Member States are also required to The current national emission ceilings apply since 2010 ( Directive 2001/81/EC ); revised ceilings for 2020 and 2030 have been set by
ensure that up-to-date information on ambient Directive (EU) 2016/2284 on the reduction of national emissions of concentrations of different air pollutants is routinely certain atmospheric pollutants, amending Directive 2003/35/EC i and
made available to the public. In addition, the National repealing Directive 2001/81/EC i. 49
Emission Ceilings Directive provides for emission Particulate matter (PM) is a mixture of aerosol particles (solid and liquid) covering a wide range of sizes and chemical compositions.
reductions at national level that should be achieved for PM10 (PM2.5) refers to particles with a diameter of 10 (2.5) main pollutants. micrometres or less. PM is emitted from many anthropogenic
sources, including combustion.
That the emission of several air pollutants has decreased 50 Low level ozone is produced by photochemical action on pollution
significantly in Bulgaria. 47 Reductions between 1990 and and it is also a greenhouse gas. 51
2014 for sulphur oxides (-83%), nitrogen oxides (-51%), NOx is emitted during fuel combustion e.g. from industrial facilities and the road transport sector. NOx is a group of gases comprising
volatile organic compounds (-84%) as well as ammonia nitrogen monoxide (NO) and nitrogen dioxide (NO 2 ).
(-72%) ensure air emissions for these pollutants are 52 European Environment Agency, 2016. Air Quality in Europe – 2016 within the currently applicable national emission Report . (Table 10.2, please see details in this report as regards the
underpinning methodology)
53 Directive 2008/50/EC and Directive 2004/107/EC 46 European Commission, 2016. Air Quality Standards 54 Based on European Environment Agency, 2016. Air Quality in Europe 47 See EIONET Central Data Repository and Air pollutant emissions data – 2016 Report . (Figures 4.1, 5.1 and 6.1)
viewer (NEC Directive) 55 See EIONET The Air Quality Portal
Bulgaria 16
quality zones, thus covering the entire country. Four air noise where necessary and to preserving the acoustic quality zones have indicated exceedances regarding fine environment quality where it is good. particulate matter (PM 2.5 ), for which the limit value has
become binding only in 2015. Furthermore, the long Bulgarian authorities have fulfilled all their obligations term objectives regarding ozone concentrations are not with regards to the Environmental Noise Directive
59 for
being met in several air quality zones 56 . the current reporting period.
The persistent breaches of air quality requirements (for Water quality and management
PM 10 and SO 2 ), which have severe negative effects on The EU water policy and legislation require that the health and environment, are being followed up by the impact of pressures on transitional, coastal and fresh European Commission through infringement procedures waters (including surface and ground waters) is covering all the Member States concerned, including significantly reduced to achieve, maintain or enhance Bulgaria. The aim is that adequate measures are put in good status of water bodies, as defined by the Water place to bring all zones into compliance. Framework Directive; that citizens throughout the Union
It has been estimated that the health-related external benefit from high standards for safe drinking and bathing costs from air pollution in Bulgaria are above EUR 3 water; and that the nutrient cycle (nitrogen and billion/year (income adjusted, 2010), which include not phosphorus) is managed in a more sustainable and only the intrinsic value of living a full health life but also resource-efficient way.
direct costs to the economy. These direct economic costs SDG 6 encourages countries to ensure availability and relate to 2 million workdays lost each year due to sustainable management of water and sanitation for all.
sickness related to air pollution, with associated costs for
employers of EUR 121 million/year (income adjusted, The main overall objective of EU water policy and
2010), for healthcare of above EUR 11 million/year legislation is to ensure access to good quality water in
(income adjusted, 2010), and for agriculture (crop losses) sufficient quantity for all Europeans. The EU water of EUR 58 million/year (2010) 57 . acquis
60 seeks to ensure good status of all water bodies
across Europe by addressing pollution sources (from e.g.
Suggested action agriculture, urban areas and industrial activities), physical
• Maintain downward emissions trends of air pollutants and hydrological modifications to water bodies) and the in order to achieve full compliance with air quality limit management of risks of flooding.
values - and reduce adverse air pollution impacts on River Basin Management Plans (RBMPs) are a
health, environment and economy. requirement of the Water Framework Directive and a
• Reduce PM10 emission and concentration, inter alia, means of achieving the protection, improvement and
by reducing emissions related to energy and heat sustainable use of the water environment across Europe.
generation using solid fuels, to transport and to This includes surface freshwaters such as lakes and rivers,
agriculture. groundwater, estuaries and coastal waters up to one
nautical mile.
Noise Bulgaria has provided information to the Commission
The Environmental Noise Directive provides for a from its second generation of RBMPs. However, as the common approach for the avoidance, prevention and Commission has not yet been able to validate this reduction of harmful effects due to exposure to information for all Member States, it is not reported environmental noise. here.
Excessive noise is one of the main causes of health In its first generation of RBMPs Bulgaria reported the issues 58 . To alleviate this, the EU acquis sets out several status of 688 rivers, 43 lakes, 15 transitional, 13 coastal requirements, including assessing the exposure to and 177 groundwater bodies. Only 47.2% of natural environmental noise through noise mapping, ensuring surface water bodies achieve a good or high ecological
that information on environmental noise and its effects is made available to the public, and adopting action plans with a view to preventing and reducing environmental 59 The Noise Directive requires Member States to prepare and publish,
every 5 years, noise maps and noise management action plans for agglomerations with more than 100,000 inhabitants, and for major
56 See The EEA/Eionet Air Quality Portal and the related Central Data roads, railways and airports.
Repository 60 This includes the Bathing Waters Directive (2006/7/EC); the Urban 57 These figures are based on the Impact Assessment for the European Waste Water Treatment Directive (91/271/EEC) concerning
Commission Integrated Clean Air Package (2013) discharges of municipal and some industrial waste waters; the
58 WHO/JRC, 2011, Burden of disease from environmental noise, Drinking Water Directive (98/83/EC) concerning potable water
Fritschi, L., Brown, A.L., Kim, R., Schwela, D., Kephalopoulos, S. (eds), quality; the Water Framework Directive (2000/60/EC) concerning World Health Organization, Regional Office for Europe , Copenhagen, water resources management; the Nitrates Directive (91/676/EEC) Denmar k and the Floods Directive (2007/60/EC)
Bulgaria 17
status 61 and 34% of heavily modified or artificial water As shown in Figure 10, in 2015, Bulgaria maintained at
bodies achieve a good or high ecological potential. 75% least sufficient quality of 96.8% of its bathing waters,
of surface water bodies 62 , 86% of heavily modified and though a slight reduction in those of excellent quality to artificial water bodies 63 and 70% of groundwater bodies 71.3% is observed 68 . achieve good chemical status 64 . 96% of groundwater
bodies are in good quantitative status 65 . Figure 10: Bathing water quality 2012 – 2015
69
The main pressure on Bulgarian waters comes from
diffuse sources 66 that affect 42% of surface water bodies.
35% of water bodies are affected by point sources, 20% by water abstraction and 12% by flow regulation.
Significant differences are observed between water basin districts: diffuse sources are the major pressure with 70% of surface water bodies affected in the Black Sea district compared to 30% in the East Aegean district. Water abstraction affects 65% of surface water bodies in the
West Aegean district but only 1% of water bodies in the
Black Sea district. In the Danube district all pressures affect a high proportion of water bodies. Navigation and related activities, such as port development, dredging, etc., were not considered in the plans as a pressure.
There are significant deficiencies in the River Basin
Management Plans that indicate gaps in the monitoring
system, assessment of pressures, methodologies for With a total generated load of 8.2 million population classification of status of water bodies. This results in equivalents (p.e.) the final deadline to fully comply with high level of uncertainties concerning the pressures, the Urban Waste Water Treatment Directive in Bulgaria status and effectiveness of Programmes of Measures. was the end of 2014. For large agglomerations, above The Programmes of Measures however aim at a 10.000 p.e., (108), with compliance obligations since end significant improvement of the ecological status of 2010, in 2012, only 0.7% of the waste water load surface water bodies (31% improvement) and heavily collected was subject to more stringent treatment in modified and artificial water bodies (23%). Programmes accordance with Article 5 of the Urban Waste Water of Measures are expected to deliver no or only slight Treatment Directive. Bulgaria demonstrates, in general, improvement of chemical status of surface water bodies very low compliance rates with the Urban Waste Water or chemical and quantitative status of groundwater. Treatment Directive (also with compliance rates of 11.6%
As regards drinking water, Bulgaria reaches very high and 11.2 % for collection (Article 3) and secondary compliance rates of 99-100 % for microbiological, treatment (Article 4), respectively).
70
chemical and indicator parameters laid down in the The estimated investment needs (reported under article
Drinking Water Directive 67 . 17 of the Urban Waste Water Treatment Directive) to
reach full compliance with the Directive in Bulgaria 61 amount to EUR 2 969 million
71
Good ecological status is defined in the Water Framework Directive,
referring to the quality of the biological community, the hydrological Figure 11 below shows the total generated load at
characteristics and the chemical characteristics.
62 Status of 23% of surface water bodies is unknown. The level of Member State level (in population equivalent and
surface bodies with unknown chemical status reaches 75% in the regardless of agglomerations) and the load that remains
Black Sea River Basin District of Bulgaria. to be addressed by Bulgaria.
63 Many European river basins and waters have been altered by human
activities, such as land drainage, flood protection and building of
dams to create reservoirs. 68 European Environment Agency, 2016. European bathing water quality 64 Good chemical status is defined in the Water Framework Directive in 2015 , p. 26
referring to compliance with all the quality standards established for 69 European Environment Agency, State of bathing water , 2016 chemical substances at European level. 70 Eighth Report on the Implementation Status and the Programmes for
65 For groundwater, a precautionary approach has been taken that Implementation (as required by Article 17) of Council Directive
comprises a prohibition on direct discharges to groundwater, and a 91/271/EEC concerning urban waste water treatment (COM requirement to monitor groundwater bodies. (2016)105 final) and Commission Staff Working Document
66 Diffuse pollution comes from widespread activities with no one accompanying the report (SWD(2016)45 final ). discrete source, e.g. acid rain, pesticides, urban run-off, etc. 71 Eighth Report on the Implementation Status and the Programmes for
67 Commission's Synthesis Report on the Quality of Drinking Water in Implementation (as required by Article 17) of Council Directive
the Union examining Member States' reports for the 2011-2013 91/271/EEC concerning urban waste water treatment (COM period, foreseen under Article 13(5) of Directive 98/83/EC i; (2016)105 final) and Commission Staff Working Document COM(2016)666 i accompanying the report (SWD(2016)45 final ).
Bulgaria 18
Figure 11: Urban waste water Bulgarian situation 2012 – is essential in order to align it to all the requirements of
Final deadline 2014 72 the Nitrates Directive.
Suggested action
• Improve water policy in line with the intervention logic of the Water Framework Directive, i.e. do a more detailed assessment of pressures to improve monitoring in order to know the status of water bodies and design adequately funded Programmes of Measures that address all the main pressures identified, in particular from agriculture, industry and urban waste water.
• Ensure appropriate treatment of urban waste water and establish a water pricing policy covering a broad range of water services and based on metering that would provide incentive for more efficient use of water.
• Review water permits, so they are consistent with environmental objectives and ensure that new projects which may cause deterioration of the status are properly assessed according to the WFD article 4(7).
Significant floods in 2014 proved the importance of water policy interventions. More than 10 major floods
happened in less than two months during the summer Enhancing the sustainability of cities
with about 20 casualties. Damages claimed to EU The EU Policy on the urban environment encourages
Solidarity fund in 2014 were EUR 311.3 million and aid cities to implement policies for sustainable urban
granted EUR 10.5 million 73 . In addition to floods, water is planning and design, including innovative approaches for associated also with other crises events – droughts, urban public transport and mobility, sustainable erosion, landslides and variation in the surface and buildings, energy efficiency and urban biodiversity groundwater levels. conservation.
Management and prevention of floods is an area where SDG11 aims at making cities and human settlements potentially more economical nature-based solutions inclusive, safe, resilient and sustainable.
could improve resource efficiency through reducing costs
and delivering multiple benefits. Europe is a Union of cities and towns; around 75% of the EU population are living in urban areas. 74 The urban
According to the last report on the implementation of the environment poses particular challenges for the
Nitrates Directive, referring to the period 2008-2011, environment and human health, whilst also providing groundwater quality has improved the percentage of opportunities and efficiency gains in the use of resources.
stations exceeding 25 or 50 mg nitrate per L have
decreased from 47% to 42% and from 21% to 19% The Member States, European institutions, cities and respectively. The trend in nitrate concentration shows an stakeholders have prepared a new Urban Agenda for the improvement of surface water quality since the EU (incorporating the Smart Cities initiative) to tackle percentage of stations with a downward or stable trend these issues in a comprehensive way, including their
between 2008 and 2011 was 55%. connections with social and economic challenges. At the heart of this Urban Agenda will be the development of
However, there remain issues with nitrate levels in some twelve partnerships on the identified urban challenges,
regions and with eutrophication (all coastal waters were including air quality and housing 75 .
reported as eutrophic). The European Commission will launch a new EU
Because the measures of the Nitrates Action Programme benchmark system in 2017 76 .
do not fulfil all requirements of the Directive, an infringement case was launched in 2013. Proceeding with
all necessary changes to the Nitrates Action programme 74 European Environment Agency, Urban environment 75
http://urbanagendaforthe.eu/ 76 The Commission is developing an Urban Benchmarking and 72 European Commission, 2016 . Urban waste water, 8th implementation Monitoring ('UBaM') tool to be launched in 2017. Best practices
reports emerge and these will be better disseminated via the app featuring 73 http://ec.europa.eu/regional_policy/sources/thefunds/doc/interventi the UBaM tool, and increasingly via e.g. EUROCITIES, ICLEI, CEMR,
ons_since_2002.pdf Committee of the Regions, Covenant of Mayors and others.
Bulgaria 19
Member States to sign, ratify and effectively implement all relevant multilateral environmental agreements (MEAs) in a timely manner. This will also be an important contribution towards the achievement of the SDGs, which Member States committed to in 2015 and include many commitments contained already in legally binding agreements.
The fact that some Member States did not sign and/or ratify a number of MEAs compromises environmental implementation, including within the Union, as well as the Union’s credibility in related negotiations and international meetings where supporting the
The EU stimulates green cities through awards and participation of third countries to such agreements is an funding, such as the EU Green Capital Award aimed at established EU policy objective. In agreements where cities with more than 100,000 inhabitants and the EU voting takes place it has a direct impact on the number of Green Leaf initiative aimed at cities and towns, with votes to be cast by the EU.
between 20,000 and 100,000 inhabitants. Bulgaria has signed and ratified almost all MEAs including
Measurements show that Bulgarian citizens all over the the Nagoya Protocol.
78
country breathe in air that is considered harmful to health, with significant economic impacts for labour productivity and the health care system. Though generally marking a decrease over the years, concentrations of PM 2.5 and PM 10 remain much higher than the limits the EU and the World Health Organization have set to protect health. Bulgaria has the highest urban PM 2.5 concentrations of all EU-28 member states, as well as the highest PM 10 concentrations, with a daily
mean of 77 μg/m 3 compared with the EU limit value of 50
μg/m 3 . 77
This makes Bulgaria the country with the highest share of external costs associated with air pollution in the EU resulting in the loss of more than two million workdays and more than 11 thousand premature deaths per year.
The main sources of air pollution remain solid fuel use in the energy sector (especially for SO 2 and NO x ) and domestic solid fuel combustion (especially for particulate matter). The direct economic costs related to air pollution could be significantly reduced by stepping up pollution prevention and control measures.
International agreements
The EU Treaties require that the Union policy on the environment promotes measures at the international level to deal with regional or worldwide environmental problems.
Most environmental problems have a transboundary nature and often a global scope and they can only be addressed effectively through international co-operation.
International environmental agreements concluded by the Union are binding upon the institutions of the Union and on its Member States. This requires the EU and the
78 Protocol on Access to Genetic Resources and the Fair and Equitable 77 Air Quality in Europe, 2014 report , three-year average urban PM2,5 Sharing of Benefits Arising from their Utilization to the Convention on
concentrations 2010-2012 Biological Diversity.
Bulgaria 20
Part II: Enabling Framework: Implementation Tools
-
4.Market based instruments and investment
Green taxation and environmentally harmful Figure 12: Environmental tax revenues as a share of
subsidies total revenues from taxes and social contributions (excluding imputed social contributions) in 2014 82
The Circular Economy Action Plan encourages the use of financial incentives and economic instruments, such as taxation to ensure that product prices better reflect environmental costs. The phasing out of environmentally harmful subsidies is monitored in the context of the
European Semester and in national reform programmes submitted by Member States.
Taxing pollution and resource use can generate increased revenue and bring important social and environmental benefits.
Bulgaria's revenues from environmentally related taxes reached 2.73% of GDP in 2014 against an EU average of
2.46%. This percentage share is up from 2.29% in 2002, but has fallen from a high of 3.27% in 2008; energy taxes amounted to 2.38% of GDP, much above the EU average
of 1.88%. 79 At the same time implicit tax rate on energy 80
remains the lowest in the EU: 104.18 (vs 233.74 EU-28 average), indicating a highly energy intensive economy.
As shown in Figure 12, in 2014 year environmental tax revenues accounted for 9.84% (down from 10.03%) of total revenues from taxes and social-security contributions (EU 28 average: 6.35%). It is shown that the environmental tax revenues have decreased slightly but steadily since 2011.
The relatively high share of the revenues from environmentally related taxes, in the total revenues from
taxes and social-security contributions, throughout the Green Public Procurement
years can be explained with the relatively low revenues
from direct taxes. In addition, the high energy intensity of The EU green public procurement policies encourage the economy contributes, through energy taxation to the Member States to take further steps to reach the target higher than average share of revenues for environmental of applying green procurement criteria to at least 50% of taxes. Still the environmental targeting of the tax system public tenders.
is questionable as the share of revenues from pollution
taxes are below the EU average. Proper implementation Green Public Procurement (GPP) is a process whereby of existing environmental taxes based on the ‘polluter public authorities seek to procure goods, services and pays’ principle, including on air pollution, landfilling and works with a reduced environmental impact throughout energy sources could help change taxpayer behaviour their life-cycle when compared to goods, services and and contribute to achieving environmental goals. works with the same primary function that would Offsetting, at least partially, the increase in energy otherwise be procured.
taxation with resource efficiency measures could keep The purchasing power of public procurement in the EU the overall costs for energy consumers down and reduce equals to approximately 14% of GDP 83 . A substantial part
high energy bills for end users. 81 of this money is spent on sectors with high
environmental impact such as construction or transport, so GPP can help to significantly lower the impact of
79 Eurostat, Environmental tax revenues , accessed June 2016
80 This indicator is defined as the ratio between energy tax revenues and final energy consumption calculated for a calendar year 82 Eurostat, Environmental tax revenues , accessed October 2016
Bulgaria 21
public spending and foster sustainable innovative The global budget allocation under the Structural and businesses. The Commission has proposed EU GPP Cohesion Funds for the 2014-2020 period is EUR 9.82
criteria 84 . billion, out of which EUR 2.6 billion is allocated for
A national strategy on GPP is included in the National environmental expenditure (Thematic objective 5 –
Action Plan (NAP) for promotion of green public Climate change, adaptation and risk prevention and procurement for the period 2012-2014. 85 However, management – EUR 429 million; Thematic objective 6 –
information on current NAP is not available. Environmental protection and resource efficiency – EUR 2.18 billion). It is too early to draw conclusions as regards
GPP criteria are developed at the national level and the use and results of ESIF for the period 2014-2020, as
Energy efficiency criteria for 5 priority product groups: the relevant programmes are still in an early stage of office IT equipment, air conditioning and ventilation, their implementation. white goods, office lightening and public street
lightening, motor vehicles. 86 Figure 13: European Structural and Investment Funds 2014-2020: Budget Bulgaria by theme, EUR billion 90
The Instructions for applying the requirements for energy efficiency and energy savings in procurement for the supply of equipment and vehicles and purchase and/or rental of buildings with high energy efficiency have been updated in 2016 to follow an approach of limiting energy consumption and using environmentally friendly technologies.
According to a 2011 survey, Bulgarian authorities included at least one of the EU core green criteria in 44% of GPP-relevant contracts, and 13% of the contracts
included all the relevant EU core green criteria 87 .
Investments: the contribution of EU funds
European Structural and Investment Funds Regulations provide that Member States promote environment and climate objectives in their funding strategies and programmes for economic, social and territorial cohesion, rural development and maritime policy, and reinforce the capacity of implementing bodies to deliver cost-effective and sustainable investments in these areas.
Making good use of the European Structural and
Investment Funds (ESIF) 88 is essential to achieve the
environmental goals and integrate these into other policy areas. Other instruments such as the Horizon 2020, the
LIFE programme and European Fund for Strategic
Investment 89 (EFSI) may also support implementation
and spread off best practice.
Current data suggest that the EU funds for the 2007-2013
84 In the Communication “Public procurement for a better environment” period were almost fully spent. 91 This is due to the
(COM /2008/400) the Commission recommended the creation of a considerable efforts carried out in 2014-2015. Resulting
process for setting common GPP criteria. The basic concept of GPP
relies on having clear, verifiable, justifiable and ambitious from the Operational Programme for Environment
environmental criteria for products and services, based on a life-cycle support, during that period, 38 water agglomerations
approach and scientific evidence base. larger than 10000 p.e. were brought to compliance with 85 European Commission, 2015. Documentation on National GPP Action EU standards. In the field of nature protection, 228
86 European Commission, 2015. Documentation on National GPP Action Natura 2000 protected zones were mapped throughout
Plans the whole country.
87 CEPS, 2012. Monitoring the Uptake of GPP in the EU
88 ESIF comprises five funds – the European Regional Development A number of big infrastructure projects (mainly landfills
Funds (ERDF), the Cohesion Fund (CF), the European Social Fund (ESF), the European Agricultural Fund for Rural Development
(EAFRD), and the European Maritime and Fisheries Fund (EMFF). The 90 European Commission, European Structural and Investment Funds
ERDF, the CF and the ESF together form the Cohesion Policy funds. Data By Country 89 European Investment Bank, 2016 European Fund for Strategic 91 Final conclusions on the ESIF use for the period 2007-2013 can only
Investments be drawn at the end of 2017.
Bulgaria 22
and motorways) have been delayed due to pending court protection) – measures related to protected areas of appeals on environmental grounds (EIA and Natura 2000 the Natura 2000 network and aimed to improve issues). knowledge of ecosystems and their services
During the next 7 years, the new CAP is going to invest according to the EU Biodiversity Strategy to 2020. around EUR 7.4 billion in Bulgarian farming sector and − Technical assistance – measures related to rural areas. The new direct payments are to be increasing the administrative capacity of distributed in a fairer way between Member States, Beneficiaries and the Managing Authority for regions and between farmers. As a result, with around programme monitoring.
EUR 5.1 billion, the budget available for direct payments
in Bulgaria will remain stable despite a general reduction The National Rural Development Program (RDP) of of 3.2% at EU level. 30% of direct payments in Bulgaria Bulgaria, its EARDF part, amounts to EUR 2 366 716 966. will be linked to three environmentally-friendly farming Budget for agri-environmental-climate measure practices: crop diversification, maintaining permanent represents 7% of the total EAFRD budget (EUR 167 grassland and conserving 5% of areas of ecological million) which is one of the lowest allocations for this interest or measures considered to have at least measure among the EU28. Contribution of M12
equivalent environmental benefit. 92 (compensation for restrictions posed by Natura 2000) represents ca 4% of the budget (EUR 104 million from
The allocation under the Cohesion policy funds for EAFRD) and is one of the highest absolute contributions
Operational Programme Environment (OPE) for the 2014- for this measure in the RDPs. The needs found in this
2020 period is EUR 1.5 billion, which rises to about EUR area are assessed as significantly higher.
1.77 billion with the national co-financing. Through this
EU assistance, OP Environment aims to have an Bulgaria committed to introduce in the RDP in the additional 1.4 million p.e. served by improved modification a forest-environmental measure to address wastewater treatment and additional 105 000 needs of high-nature value forests (also pristine forests)
tonnes/year waste recycling capacity created. and protected forest bird species. This is found as of great need.
The EIA/SEA and waste ex-ante conditionalities are
fulfilled. The Water ones are partially fulfilled; As regards water management, financing via RDP is appropriate action plans have been prepared and are reserved to support irrigation and drainage investments
under implementation. after the recent adoption of the irrigation and drainage strategy.
The planned environmental investments under OPE are
focused on the following priorities: With regard to the integration of environmental concerns into the Common Agricultural Policy (CAP), the two key
− Water – construction of water and wastewater areas for Bulgaria (as for all Member States) are, first, infrastructure (focus in agglomerations with above using Rural Development funds to pay for environmental 10,000 p.e., which are located in administrative land management and other environmental measures, districts where only one water company is while avoiding financing measures which could damage operating); completion of the water monitoring the environment; and secondly, ensuring an effective systems - water quantity and water quality; implementation of the first pillar of the CAP with regard development of new/update of existing strategic to cross compliance and 1st pillar 'greening'. 30 % of documents. direct payment envelope (out of total EUR 3 897 977 000
− Waste – measures in compliance with the waste for 2015-2020 93 ) is allocated to greening practices
hierarchy to improve the municipal household and beneficial for the environment. An environmentally
hazardous waste management and to implement the ambitious implementation of 1st pillar greening would
legal requirements. Emphasis on separate collection clearly help to improve the environmental situation in
and recycling to meet the 2020 targets. areas not covered by rural development, including
− Air – review of air quality programmes; measures to intensive area, and if needed to better address the
improve ambient air quality with a particular environmental needs of agricultural area, Bulgaria could
attention to the identified pollution hot spots. review its choice of 1st pillar greening measures.
− Floods and landslides, risk prevention –
establishment of a real-time National Water During 2008-2012 the ratio of permanent grassland to Management Centre; measures related to total utilized agricultural area decreased beyond the legal flood/landslides risk prevention and management; maximum of 10% and reached more than 20% decrease. demonstration projects and information campaigns. Direct payments under CAP are considered partially
− Nature protection (Natura 2000 and biodiversity responsible for this, together with unaligned mapping tools for management of Natura 2000 (outdated
92 Bulgaria Common Agricultural Policy, March 2015 93 Commission Delegated Regulation (EU) 2015/851
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cadastre), LPIS (land parcel identification system) used for direct payments.
For the year 2015 Bulgaria made it possible to use 14 elements laid down by the regulation as potential EFA.
Use of fertilisers on EFA buffer strips is not allowed, use of fertilisers for EFA short rotation coppice (SRC) is allowed, as well as use of plant protection products for poplars and willows up to 2 years of age in SRC. Among eligible nitrogen fixing crop used as EFA also soybean is listed, for which no biodiversity benefit exists (the biodiversity justification was to be provided for the choice of the MS). 100% of Natura 2000 grasslands were designated as environmentally sensitive, 0 ha designated outside Natura 2000.
Bulgaria 24
-
5.Effective governance and knowledge
SDG 16 aims at providing access to justice and building
effective, accountable and inclusive institutions at all Capacity to implement rules
levels. SDG 17 aims at better implementation, improving It is crucial that central, regional and local policy coordination and policy coherence, stimulating administrations have the necessary capacities and skills science, technology and innovation, establishing and training to carry out their own tasks and co-operate partnerships and developing measurements of progress. and co-ordinate effectively with each other, within a
Effective governance of EU environmental legislation and system of multi-level governance.
policies requires having an appropriate institutional For the period 2007-2013 the contribution of the EU framework, policy coherence and coordination, applying Cohesion policy available for strengthening the capacity legal and non-legal instruments, engaging with nonof the public sector amounted to EUR 426 million. 95 The
governmental stakeholders, and having adequate levels allocation dedicated to efficient public administration for
of knowledge and skills. 94 Successful implementation the period 2014-2020 is a little under EUR 251.5 depends, to a large extent, on central, regional and local million. 96 However, there has been limited progress in government fulfilling key legislative and administrative strengthening the role of the administration and tasks, notably adoption of sound implementing efficiency at local level 97 .
legislation, co-ordinated action to meet environmental objectives and correct decision-making on matters such as industrial permits. Beyond fulfilment of these tasks, government must intervene to ensure day-to-day compliance by economic operators, utilities and individuals ("compliance assurance"). Civil society also has a role to play, including through legal action. To underpin the roles of all actors, it is crucial to collect and share knowledge and evidence on the state of the environment and on environmental pressures, drivers and impacts.
Equally, effective governance of EU environmental legislation and policies benefits from a dialogue within
Member States and between Member States and the Despite some improvements, the country continues to
Commission on whether the current EU environmental have one of the weakest results in the EU with regards to legislation is fit for purpose. Legislation can only be the government effectiveness and regulatory quality properly implemented when it takes into account indexes and ranks last for the rule of law and control of
experiences at Member State level with putting EU corruption 98 .
commitments into effect. The Make it Work initiative, a
Member State driven project, established in 2014, During the last programming period for some operational organizes a discussion on how the clarity, coherence and programmes financial corrections have been imposed, structure of EU environmental legislation can be including OP "Environment". Payments under this
improved without lowering existing protection standards. programme have even been interrupted for a year between November 2013 and November 2014. Steps to
Effective governance within central, regional respond to weaknesses and improve the efficiency of the
and local government national public procurement system have been undertaken, including the adoption of a dedicated
Those involved in implementing environment legislation strategy in 2014 – "National Strategy for the at Union, national, regional and local levels need to be Development of the public procurement sector”. equipped with the knowledge, tools and capacity to
improve the delivery of benefits from that legislation, Unstable policies and lack of trust in key public and the governance of the enforcement process. institutions, such as the judiciary, constitute significant
95 http://ec.europa.eu/regional_policy/sources/docoffic/official/commu nic/negociation/country_bg_en.pdf
94 The Commission has work ongoing to improve the country-specific 96 European Structural and Investment Funds, Data knowledge about quality and functioning of the administrative 97 2016 Country Report, Bulgaria (p.54)
systems of Member States. 98 2016 Country Report, Bulgaria (p.54)
Bulgaria 25
deterrents to investment in the Bulgarian economy. The in the nature protection and waste management, are slow implementation of public administration reforms constantly registered. hampers progress in improving the investment climate.
Although Bulgaria has adopted a strategic framework to Bulgarian nature conservation non-governmental reform and modernise its public administration, progress organisations are very active and regularly send is slow and implementation often postponed. New complaints to both national courts and the Commission legislation is not subject to systematic impact as well as to the international conventions like the assessment, although there have been some efforts to Aarhus, Bern etc.
change this. Frequent changes to the legal framework The implementation and enforcement of environmental create uncertainty and affect the businesses legislation lays with the ministry of environment and environment. Corruption remains a significant concern water, the regional inspectorates on environment and and the national authorities' response to this problem water (RIEWs) and the basin directorates. The RIEWs and continues to be hampered by weak and fragmented Basin Directorates are under the supervision of the
institutions. 99 ministry and their directors are appointed by the
The minister of environment and water is responsible for minister. The ministry is responsible for the policy in the policy-making and monitoring in the environmental most environmental areas and for the authorisation of sector. Legislative initiatives are prepared by the Ministry large activities while the RIEWs authorise the smaller of Environment and Water. The minister can adopt scale activities and ensure inspections. The basin legally binding measures or propose such measures to directorates ensure water management at the level of the Council of Ministers and to the parliament. The individual water basins.
Ministry of Regional Development and Public Works is
the body responsible for the agenda of the water supply Coordination and integration
and sanitation investments and sector reform at large. Impact assessments are important tools to ensure
Cohesion Policy has supported the water sector reform environmental integration in all government policies. 101 process and the strengthening of the relevant Bulgaria uses regulatory impact analysis (RIA) on all stakeholders in 2007-2013. It will continue supporting legislative projects to be approved by the Government. Bulgaria also in 2014-2020 to implement the actions set There are however exceptions to the obligation to
in its national Water Supply and Sanitation Strategy 100 undertake an IA – for example, an IA will not be required
aimed to ensure sustainability of the sector and the if no significant expenditures/costs or savings to business delivery of efficient and high-quality services to the and society are expected from the proposed act. consumers at a fair and affordable price. Furthermore, an IA is not required for legislation
Bulgaria is generally transposing environmental directives instigated by the Parliament. Environmental, economic on time and correctly and therefore non-conformity has and social impacts should normally be considered. not been a serious problem. In most cases, Bulgaria However, more emphasis seems to be given to the adopts the necessary changes in the relevant legislation economic and social impacts, with less focus on any before reaching the referral stage of the infringement environmental impacts.
102 Bulgaria has fully aligned the
procedure. Most of the infringements in the strategic environmental assessment for plans and environmental sector result from bad application or lack programmes (SEA) and environmental impact assessment of enforcement of EU law. for projects (EIA). Air quality, nature protection and waste management The transposition of the revised EIA Directive
103 will be
seem to be the most problematic issues. The application an opportunity to streamline the regulatory framework of the Directives on environmental impact assessment on environmental assessments. The Commission (EIA) and strategic environmental assessment (SEA) are encourages the streamlining of the environmental also, to a large extent, raised as part of complaints in the assessments to avoid overlaps in environmental
above areas. assessments and accelerate decision-making, without compromising the quality of the environmental
The number of complaints received yearly has stabilised assessment procedure. The Commission has issued a at the average level for the EU-28. It seems that nature related complaints are better substantiated and focus on systemic issues, while in the other areas the complaints
101
concern more isolated and individual cases. In addition, a Article 11 of the TFEU provides that "Environmental protection
large number of EP petitions and MEP questions, mainly requirements must be integrated into the definition and implementation of the Union's policies and activities, in particular
with a view to promoting sustainable development."
102 RPA, 2014. Study on Economic and Social Benefits of Environmental 99 Commission Recommendation Bulgaria 2016 (para 13) Protection and Resource Efficiency Related to the European
100 http://www.mrrb.government.bg/docs/24e7666f6785ee40bfb094be Semester. Study for the European Commission (p. 93-99) c3ad5f45.pdf 103 Transposition of Directive 2014/52 i/EU is due in May 2017
Bulgaria 26
guidance document in 2016 104 regarding the setting up
of coordinated and/or joint procedures that are simultaneously subject to assessments under the EIA
Directive, Habitats Directive, Water Framework Directive, and the Industrial Emissions Directive. The transposition of the revised EIA Directive will be an opportunity to streamline the regulatory framework on environmental assessments, and enhances the quality of the impact assessments carried out.
Compliance assurance
EU law generally and specific provisions on inspections, other checks, penalties and environmental liability help lay the basis for the systems Member States need to
have in place to secure compliance with EU Best practice has moved towards a risk-based approach environmental rules. at strategic and operational levels in which the best mix
Public authorities help ensure accountability of dutyof compliance monitoring, promotion and enforcement is holders by monitoring and promoting compliance and by directed at the most serious problems. Best practice also taking credible follow-up action (i.e. enforcement) when recognises the need for coordination and cooperation breaches occur or liabilities arise. Compliance monitoring between different authorities to ensure consistency, can be done both on the initiative of authorities avoid duplication of work and reduce administrative themselves and in response to citizen complaints. It can burden. Active participation in established pan-European involve using various kinds of checks, including networks of inspectors, police, prosecutors and judges, inspections for permitted activities, surveillance for such as IMPEL
106 , EUFJE 107 , ENPE 108 and EnviCrimeNet 109 ,
possible illegal activities, investigations for crimes and is a valuable tool for sharing experience and good audits for systemic weaknesses. Similarly, there is a range practices. Currently, there exist a number of sectoral of means to promote compliance, including awarenessobligations on inspections and the EU directive on raising campaigns and use of guidance documents and environmental liability (ELD)
110 provides a means of
online information tools. Follow-up to breaches and ensuring that the "polluter-pays principle" is applied liabilities can include administrative action (e.g. when there are accidents and incidents that harm the withdrawal of a permit), use of criminal law 105 and action environment. There is also publically available under liability law (e.g. required remediation after information giving insights into existing strengths and damage from an accident using liability rules) and weaknesses in each Member State.
contractual law (e.g. measures to require compliance For each Member State, the following were therefore with nature conservation contracts). Taken together, all reviewed: use of risk-based compliance assurance; of these interventions represent "compliance assurance" coordination and co-operation between authorities and as shown in Figure 14. participation in pan-European networks; and key aspects
Figure 14: Environmental compliance assurance of implementation of the ELD based on the Commission's recently published implementation report and REFIT
evaluation 111 .
Bulgaria has taken a number of positive steps towards establishing risk-based compliance assurance:
− Risk-based approaches have been adopted to target
106 European Union Network for the Implementation and Enforcement of Environmental Law
107 European Union Forum of judges for the environment 108 The European Network of Prosecutors for the Environment 109 EnviCrimeNet 110 European Union, Directive 2004/35/CE of the European Parliament
104 European Commission, 2016. Commission notice — Commission and of the Council of 21 April 2004 on environmental liability with guidance document on streamlining environmental assessments regard to the prevention and remedying of environmental damage conducted under Article 2(3) of the Environmental Impact OJ L 143, 30.4.2004, p.56
Assessment Directive (D irective 2011/92/EU of the European 111 COM(2016)204 final and COM(2016)121 final of 14.4.2016. This Parliament and of the Council, as amended by Directive 2014/52 i/EU). highlighted the need for better evidence on how the directive is used
105 European Union, Directive 2008/99/EC of The European Parliament in practice; for tools to support its implementation, such as guidance,
and of the Council of 19 November 2008 on the protection of the training and ELD registers; and for financial security to be available in environment through criminal law OJ L 328, 6.12.2008 case events or incidents generate remediation costs.
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environmental inspections for industrial installations. active within IMPEL and the other European − Detailed guidance on the planning and organisation environmental compliance networks.
of industrial inspections and criteria and procedures
for respective administrative sanctions are in For the period 2007-2013, Bulgaria did not report any place 112 . Check lists, templates and protocols to confirmed instance of environmental damage dealt with steer inspection work are used for such inspections. under the Environmental Liability Directive, but it did
− The Bulgarian Ministry of Environment and Water report one pending case and four instances of imminent operates an informative web-site on which monthly damage. The Bulgarian authorities show a general and annual activities reports are published, including interest in the Directive and have participated in the statistical information. Quarterly reports on imposed training programme organised by the Commission. sanctions naming the offender and indicating the Bulgaria has established a system of mandatory financial offence type are published online. security.
− The Association of the Prosecutors in Bulgaria has Suggested action
implemented a successful project aimed at
strengthening the prosecution offices' operational • Improve transparency on the organisation and capacity to address environmental crime 113 . This functioning of compliance assurance and on how included a series of training workshops and significant risks are addressed, as outlined above. conferences and resulted, inter alia, in establishment • Encourage greater participation of competent of a national prosecutors' network, a web-platform authorities in the activities of IMPEL, EUFJE and for exchange of information on good practices and EnviCrimeNet. the publication of a detailed guidance manual on • Step up efforts in the implementation of the
combating environmental crime 114 . Environmental Liability Directive with proactive initiatives, in particular by drafting national guidance.
Up-to-date information is nevertheless lacking in relation
to the following: Public participation and access to justice
− data-collection arrangements to track the use and The Aarhus Convention, related EU legislation on public effectiveness of different compliance assurance participation and environmental impact assessment, and interventions; the case-law of the Court of Justice require that citizens
− the extent to which risk-based methods are used to and their associations should be able to participate in direct compliance assurance at the strategic level decision-making on projects and plans and should enjoy and in relation to critical activities outside of effective environmental access to justice.
industrial installations, in particular in specific
problem-areas highlighted elsewhere in this Country Citizens can more effectively protect the environment if
Report, i.e. non-compliant landfills, the threats to they can rely on the three "pillars" of the Convention on
protected habitat types and species, including from Access to Information, Public Participation in Decisionillegal
logging, poor air quality and the pressures on making and Access to Justice in Environmental Matters
water quality from diffuse and point sources of ("the Aarhus Convention"). Public participation in the
pollution, including significant deficits in urban administrative decision making process is an important
waste-water treatment. element to ensure that the authority takes its decision on
− arrangements for structured coordination and the best possible basis. The Commission intends to
cooperation between different relevant competent examine compliance with mandatory public participation
authorities; requirements more systematically at a later stage.
− how the Bulgarian authorities ensure a targeted and Access to justice in environmental matters is a set of proportionate response to different types of nonguarantees that allows citizens and their associations to compliant behaviour, in particular in relation to challenge acts or omissions of the public administration serious breaches detected, given indications that before a court. It is a tool for decentralised there is a low probability of being criminally implementation of EU environmental law.
prosecuted and sentenced for environmental
offences 115 . For each Member State, two crucial elements for effective access to justice have been systematically
Bulgaria is involved in the activities of ENPE but is not reviewed: the legal standing for the public, including NGOs and the extent to which prohibitive costs represent
a barrier.
112 http://www3.moew.government.bg/?show=164
113 http://ecocrime.bg/bg/2013-05-04-10-22-52/36-2015-07-02-08-46- The Bulgarian legal order generally establishes a clear
45 system of access to justice in environmental matters. In
114 http://ecocrime.bg/media/kunena/attachments/519/h5170489.pdf general costs in administrative court procedures are not
115 http://www3.moew.government.bg/?show=302
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considered to be prohibitively expensive. Shortcomings For each Member State, the accessibility of however, were identified in the areas of spatial planning environmental data (based on what the INSPIRE Directive for which in particular NGOs are not granted legal envisages) as well as data-sharing policies ('open data')
standing to ask for a review before a court 116 . have been systematically reviewed.
Suggested action Bulgaria's performance on the implementation of the
• Take the necessary measures to ensure standing of INSPIRE Directive as enabling framework to actively environmental NGOs to challenge acts or omissions of disseminate environmental information to the public is a public authority in all sectoral EU environmental laws, lagging behind. Bulgaria has indicated in the 3-yearly in full compliance with EU law as well as the INSPIRE implementation report
121
that the necessary
Convention on Access to Information, Public data-sharing policies allowing access and use of spatial
Participation in Decision-making and Access to Justice data by national administrations, other Member States'
in environmental matters (Aarhus Convention). administrations and EU institutions without procedural obstacles are not available.
Assessments of monitoring reports 122 issued by Bulgaria
and the spatial information that Bulgaria has published
Access to information, knowledge and on the INSPIRE geoportal 123 indicate that not all spatial evidence information needed for the evaluation and
implementation of EU environmental law has been made
The Aarhus Convention and related EU legislation on available or is accessible. The larger part of this missing access to information and the sharing of spatial data spatial information consists of the environmental data require that the public has access to clear information on required to be made available under the existing the environment, including on how Union environmental reporting and monitoring regulations of EU law is being implemented. environmental law.
It is of crucial importance to public authorities, the public
and business that environmental information is shared in Suggested action
an efficient and effective way. This covers reporting by • Critically review the effectiveness of its data policies businesses and public authorities and active and amend them, taking 'best practices' into dissemination to the public, increasingly through consideration. electronic means. • Identify and document all spatial data sets required for
The Aarhus Convention 117 , the Access to Environmental the implementation of environmental law, and make
Information Directive 118 and the INSPIRE Directive 119 the data and documentation at least accessible 'as is' together create a legal foundation for the sharing of to other public authorities and the public through the environmental information between public authorities digital services foreseen in the INSPIRE Directive.
and with the public. They also represent the green part of the ongoing EU e-Government Action Plan 120 . The first two instruments create obligations to provide information to the public, both on request and actively.
The INSPIRE Directive is a pioneering instrument for electronic data-sharing between public authorities who can vary in their data-sharing policies, e.g. on whether access to data is for free. The INSPIRE Directive sets up a geoportal which indicates the level of shared spatial data in each Member State – i.e. data related to specific locations, such as air quality monitoring data. Amongst other benefits it facilitates the public authorities' reporting obligations.
116 See study on access to justice in environmental matters 2012/2013
117 UNECE, 1998. Convention on Access to Information, Public
Participation in Decision-Making and Access to Justice in Environmental Matters
118 European Union, Directive 2003/4/EC on public access to
119 European Union, INSPIRE Directive 2007/2/EC
120 European Union, EU eGovernment Action Plan 2016-2020 - 121 European Commission, INSPIRE reports
Accelerating the digital transformation of government COM(2016) 122 Inspire indicator trends 179 final 123 Inspire Resources Summary Report