Over time, Bulgaria has developed a cooperative approach to involving the public in environmental decisionmaking. It was a long process, and it was not easy for either the government or for civil society. At the beginning, NGOs in Bulgaria opposed most proposed actions by the governmental bodies, and the experts in the system of the Ministry were not ready to work with NGOs. But there has been an evolution in the way both groups thinks, so that public consultation and participation are more collaborative and constructive. NGOs realized that some of the projects were aimed to improve the environmental conditions through new land fills, waste water treatment plants, and so forth. The public became aware that something had to be done. And both government and civil society realized that it was necessary to cooperate in order to realize goals of environmental protection and sustainable development. This does not mean that one group or person necessarily defers to someone’s opinion. However, there is more willingness to work together to solve environmental problems.
Legal provisions are now in place to ensure public participation in environmental decisionmaking. Public hearings for EIA reports are the most common and have the longest practice. In addition, the Ministry of Environment and Water (MOEW) initiates other forms of public participation in decisionmaking. For example, NGOs, scientists, and other stakeholders may participate in discussions regarding management plans for protected areas and for river basins, and they may make proposals to competent authorities for inclusion of new territories in the list of protected areas. They can request information about applications that have been submitted for permits. The municipal authorities are obliged to invite NGOs and the public to participate in the development of municipal programmes on environmental protection and sub-programs on waste management, improvement of ambient air quality, etc.
The non-governmental sector can also participate in the preparation of environmental legislation. MOEW organises public hearings of draft environmental laws and national programmes. The Parliamentary Commission on Environment invites NGOs at all meetings when draft laws are discussed.
Bulgarian governmental institutions collaborate actively with NGOs in implementing projects, especially in biodiversity protection. NGO representatives and scientists participate in the boards of directors of the Environmental Funds and Municipal Environmental Protection Funds.
Public participation is seen as a compulsory and essential part of the EIA procedure. The law authorises the public to give its opinion on the outcomes of an EIA, environmental assessments of plans and programs, and EIAs on investment proposals and integrated permits. The competent authorities must take the public comments into consideration. If they do not, stakeholders may appeal before the court. In practice, the public and NGOs have been actively engaged through the EIA process. There are consultations with the public at three stages of the EIA process after notification to the competent environmental authority and concerned public:
- during screening,
- during scoping, and
- during preparation of the EIA report.
In addition to the public consultations at these three stages, after the report has been drafted, the project proponent and the relevant municipality hold public hearings on the EIA report. The public must have at least 30 days to view the project proposal and its EIA. Minutes of the meeting (7 days) are followed by the proponent’s opinion on the results (14 days) and then by the decision, which is allowed 90 days for preparation and submission to the relevant Environmental Council for decision. The final decision will specify any necessary mitigation or other requirements.
The Integrated Pollution Prevention and Control (IPPC) and Seveso II permitting processes also require public participation in the decisionmaking process. [IPPC permits are required for construction, operation, and significant reconstruction of industrial facilities. The Seveso II permitting process implements the UNECE Convention on the Transboundary Effects of Industrial Accidents.] Thus, when considering applications for integrated permits for industrial facilities and permits for new and operating facilities with dangerous substances, MOEW opens the application to public discussion. Also, once a permit is issued, the Executive Environment Agency is required to keep a public register on the monitoring on the emissions set forth in the integrated permits.
For more information, see http://www.moew.government.bg or contact IlievaNelly@moew.government.bg