COOPERATION AND COORDINATION OF THE COOPERATION AND COORDINATION OF THE CONTROL ON THE ILLEGAL TRAFFIC OF WASTE CONTROL ON THE ILLEGAL TRAFFIC OF WASTE

IN BULGARIAIN BULGARIAWorkshop on Illegal TrafficWorkshop on Illegal Traffic

Bratislava, Slovak Republic, 3Bratislava, Slovak Republic, 3rdrd to 5 to 5th th October 2006October 2006

NIKOLA OVCHAROVNIKOLA OVCHAROV

CHIEF EXPERT IN WASTE MANAGEMENT DIRECTORATECHIEF EXPERT IN WASTE MANAGEMENT DIRECTORATE

MINISTRY OF ENVIRONMENT AND WATERMINISTRY OF ENVIRONMENT AND WATER 　　Tel. 359/Tel. 359/2/940 65 2/940 65 5454, ,

Е-Е-mail: novcharov@moew.government.bgmail: novcharov@moew.government.bg

NATIONAL LEGISLATIONNATIONAL LEGISLATION

1. 1. Waste Management ActWaste Management Act (Dated 18 September 2003, (Dated 18 September 2003, promulgated in State Gazette 86/2003, last amended promulgated in State Gazette 86/2003, last amended SG 27.09.2005) SG 27.09.2005) transposing the requirements of the transposing the requirements of the Directive Directive 75/442/75/442/EEC on wasteEEC on waste and and Directive Directive 91/689/91/689/EEC on hazardous waste EEC on hazardous waste in the national in the national legislationlegislation

2. 2. Ordinance on the order and the procedures for the imOrdinance on the order and the procedures for the import, export and transit of waste and the cases when port, export and transit of waste and the cases when bank guarantee or insurance is requiredbank guarantee or insurance is required (adopted with CM Decree 298/28.11.2004, SG (adopted with CM Decree 298/28.11.2004, SG 102/19.11.2004)102/19.11.2004), transposing the requirements of , transposing the requirements of RegulationRegulation (ЕЕС) 259/93 (ЕЕС) 259/93 on the supervision and control of shipment of waste within, into and out of the European Community

3. 3. Law on Ratification of the Basel Convention on the Law on Ratification of the Basel Convention on the Control of Transboundary Movements of Hazardous Control of Transboundary Movements of Hazardous Waste and their DisposalWaste and their Disposal, adopted 1996, adopted 1996

NATIONAL LEGISLATIONNATIONAL LEGISLATION

• Bulgaria prohibits the import of hazardous wastes for Bulgaria prohibits the import of hazardous wastes for disposaldisposal

• The transboundary movement of hazardous waste must The transboundary movement of hazardous waste must be permitted with a notification signed by the Minister of be permitted with a notification signed by the Minister of Environment and WaterEnvironment and Water

• The import of non-hazardous waste shall be registratedThe import of non-hazardous waste shall be registrated

• The Ordinance on the order and the procedures for the The Ordinance on the order and the procedures for the import, export and transit of waste and the cases when import, export and transit of waste and the cases when bank guarantee or insurance is required provides the bank guarantee or insurance is required provides the definition for illegal traffic of wastedefinition for illegal traffic of waste

• The Penal Code provides fines and imprisonment in case The Penal Code provides fines and imprisonment in case of illegal traffic of hazardous wasteof illegal traffic of hazardous waste

COOPERATION BETWEEN THE COMPETENT COOPERATION BETWEEN THE COMPETENT INSTITUTIONS IN BULGARIAINSTITUTIONS IN BULGARIA

• This year in the framework of a Twinning project This year in the framework of a Twinning project between Ministry of Environment and Water of between Ministry of Environment and Water of Republic of Bulgaria and the relevant Ministry ofRepublic of Bulgaria and the relevant Ministry of Republic of Austria 150 customs officers are Republic of Austria 150 customs officers are trained about requirements and implementation of trained about requirements and implementation of European legislation on supervision and control of European legislation on supervision and control of the transboundary movement of waste. The the transboundary movement of waste. The customs officers, officers from Border Police and customs officers, officers from Border Police and National Bureau InterpolNational Bureau Interpol took a part at joint took a part at joint inspection in internal customs houses and near inspection in internal customs houses and near borders of Serbia, Greece, Turkey and on the ports borders of Serbia, Greece, Turkey and on the ports of Black Sea and Danube River.of Black Sea and Danube River.

• Drafts of a Manual on transboundary movement of Drafts of a Manual on transboundary movement of waste and an Agreement for cooperation between waste and an Agreement for cooperation between Ministry of Environment and Water and the Ministry of Environment and Water and the Customs Agency are developedCustoms Agency are developed

IN CASE OF ILLEGAL TRAFFICIN CASE OF ILLEGAL TRAFFIC• In case of export of waste considered as illegal traffic, which is the In case of export of waste considered as illegal traffic, which is the

responsibility of the exporter or the waste holder, the exporter or the responsibility of the exporter or the waste holder, the exporter or the waste holder shall ensure that the waste in question is taken back and waste holder shall ensure that the waste in question is taken back and submitted for disposal and recovery or if impracticable – to be submitted for disposal and recovery or if impracticable – to be disposed or recovered in other state within 30 days from the time disposed or recovered in other state within 30 days from the time when the MOEW was informed about the illegal traffic or within such when the MOEW was informed about the illegal traffic or within such other period of time as may be agreed by the competent authorities of other period of time as may be agreed by the competent authorities of the concerned states.the concerned states.

• Within 3 days from the date on which it is found that the Within 3 days from the date on which it is found that the transboundary movement of waste is considered as illegal traffic, the transboundary movement of waste is considered as illegal traffic, the applicant or the waste holder shall inform the Minister of Environment applicant or the waste holder shall inform the Minister of Environment and Water and the competent authorities concerned for the measures and Water and the competent authorities concerned for the measures that he will undertake for fulfilment of its obligations.that he will undertake for fulfilment of its obligations.

• In case of import of waste considered as illegal traffic which is the In case of import of waste considered as illegal traffic which is the responsibility of the exporter or the waste holder, the Minister of responsibility of the exporter or the waste holder, the Minister of Environment and Water or official person authorized by him shall notify Environment and Water or official person authorized by him shall notify the competent authorities of the state of export and the states of the competent authorities of the state of export and the states of transit for the reasons for returning the waste or for its disposal in transit for the reasons for returning the waste or for its disposal in alternative and environmentally sound manner.alternative and environmentally sound manner.

• In case of import of waste considered as illegal traffic which is the In case of import of waste considered as illegal traffic which is the responsibility of the importer or the consignee, the importer or the responsibility of the importer or the consignee, the importer or the consignee shall ensure that the waste in question is disposed and consignee shall ensure that the waste in question is disposed and recovered in environmentally sound manner within 30 days from the recovered in environmentally sound manner within 30 days from the time when the MOEW ascertains the illegal traffic or within such other time when the MOEW ascertains the illegal traffic or within such other period of time as may be agreed by the competent authorities period of time as may be agreed by the competent authorities concerned.concerned.

IN CASE OF ILLEGAL TRAFFICIN CASE OF ILLEGAL TRAFFIC

• The Customs Agency and the Border Police are the The Customs Agency and the Border Police are the first institution dealing with the illegal traffic of first institution dealing with the illegal traffic of hazardous waste. Then the prosecutors and the hazardous waste. Then the prosecutors and the courts are involved.courts are involved.

• The illegal traffic is at first handled from the The illegal traffic is at first handled from the Customs Agency. Customs officers stop the track Customs Agency. Customs officers stop the track and check all the documents. If there is suspicion and check all the documents. If there is suspicion that there is a crime, all persons and trucks are that there is a crime, all persons and trucks are passed on the Border Police. Then if they decide passed on the Border Police. Then if they decide they hand over the case to the prosecutor who they hand over the case to the prosecutor who starts an investigation.starts an investigation. If the investigation shows If the investigation shows that there is a crime, the persons involved are that there is a crime, the persons involved are convicted by the court.convicted by the court.