COOPERATION AND COORDINATION OF THE
CONTROL ON THE ILLEGAL TRAFFIC OF WASTE
IN BULGARIA
Workshop on Illegal Traffic
Bratislava, Slovak Republic, 3rd to 5th October 2006
NIKOLA OVCHAROV
CHIEF EXPERT IN WASTE MANAGEMENT DIRECTORATE
MINISTRY OF ENVIRONMENT AND WATER
Tel. 359/2/940 65 54,
Е-mail: novcharov@moew.government.bg
NATIONAL LEGISLATION
1. Waste Management Act (Dated 18 September 2003,
promulgated in State Gazette 86/2003, last amended SG
27.09.2005) transposing the requirements of the Directive
75/442/EEC on waste and Directive 91/689/EEC on
hazardous waste in the national legislation
2. Ordinance on the order and the procedures for the import,
export and transit of waste and the cases when bank
guarantee or insurance is required (adopted with CM Decree
298/28.11.2004, SG 102/19.11.2004), transposing the
requirements of Regulation (ЕЕС) 259/93 on the supervision
and control of shipment of waste within, into and out of the
European Community
3. Law on Ratification of the Basel Convention on the Control of
Transboundary Movements of Hazardous Waste and their
Disposal, adopted 1996
NATIONAL LEGISLATION
• Bulgaria prohibits the import of hazardous wastes for disposal
• The transboundary movement of hazardous waste must be
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permitted with a notification signed by the Minister of
Environment and Water
The import of non-hazardous waste shall be registrated
The Ordinance on the order and the procedures for the import,
export and transit of waste and the cases when bank guarantee
or insurance is required provides the definition for illegal traffic of
waste
The Penal Code provides fines and imprisonment in case of illegal
traffic of hazardous waste
COOPERATION BETWEEN THE COMPETENT
INSTITUTIONS IN BULGARIA
• This year in the framework of a Twinning project
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between Ministry of Environment and Water of Republic
of Bulgaria and the relevant Ministry of Republic of
Austria 150 customs officers are trained about
requirements and implementation of European legislation
on supervision and control of the transboundary
movement of waste. The customs officers, officers from
Border Police and National Bureau Interpol took a part
at joint inspection in internal customs houses and near
borders of Serbia, Greece, Turkey and on the ports of
Black Sea and Danube River.
Drafts of a Manual on transboundary movement of waste
and an Agreement for cooperation between Ministry of
Environment and Water and the Customs Agency are
developed
IN CASE OF ILLEGAL TRAFFIC
• In case of export of waste considered as illegal traffic, which is the
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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 submitted
for disposal and recovery or if impracticable – to be disposed or recovered
in other state within 30 days from the time 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 the concerned states.
Within 3 days from the date on which it is found that the transboundary
movement of waste is considered as illegal traffic, the applicant or the
waste holder shall inform the Minister of Environment and Water and the
competent authorities concerned for the measures that he will undertake
for fulfilment of its obligations.
In case of import of waste considered as illegal traffic which is the
responsibility of the exporter or the waste holder, the Minister of
Environment and Water or official person authorized by him shall notify 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 alternative and
environmentally sound manner.
In case of import of waste considered as illegal traffic which is the
responsibility of the importer or the consignee, the importer or the
consignee shall ensure that the waste in question is disposed and recovered
in environmentally sound manner within 30 days from the time when the
MOEW ascertains the illegal traffic or within such other period of time as
may be agreed by the competent authorities concerned.
IN CASE OF ILLEGAL TRAFFIC
• The Customs Agency and the Border Police are the first
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institution dealing with the illegal traffic of hazardous
waste. Then the prosecutors and the courts are involved.
The illegal traffic is at first handled from the Customs
Agency. Customs officers stop the track and check all the
documents. If there is suspicion that there is a crime, all
persons and trucks are passed on the Border Police.
Then if they decide they hand over the case to the
prosecutor who starts an investigation. If the
investigation shows that there is a crime, the persons
involved are convicted by the court.