TWReferenceNet Management and Sustainable Development of Protected Transitional Waters in Bulgaria Liliana Maslarova, PhD Nomos + Physis

The term “transitional waters” does not appear explicitly in Bulgarian environmental law (both water and nature conservation), nor is there a separate nature conservation category of “protected transitional waters”. Their management and sustainable development falls entirely under the general regime of: - the protection and use of surface waters - protected nature conservation categories (Protected Territories and Protected Zones). Nomos + Physis

General regulatory framework 1991 Constitution 2002 Environmental Protection Act 1999 Waters Act 1998 Protected Territories Act 2001 Biological Diversity Act and implementing rules and regulations of these legal acts The mentioned legislation transposes relevant EU Directives Legislation in other sectors: 2001 Territorial Development Act 1995 Concessions Act Nomos + Physis

Constitutional provisions : Art State responsible for environmental protection, biodiversity and rational use of natural resources; Art. 18 defines the scope of “exclusive state property”, inter alia the coastal beach strip and waters, parks and nature reserves; Art citizens’ right to a healthy and favourable environment; individual obligation to protect the environment; Art.5 - direct application and hierarchical prevailing of international legal norms in the national legal order; Art right of citizens to information. Nomos + Physis

Environmental Protection Act: Protection and use of waters and water bodies: management of waters on national and river basin level to achieve good status of all waters and ensuring quantity and quality of water inter alia for the favourable status and development of ecosystems and wetlands; balance between water-use and nature restoration; conservation and improvement of the quality of surface and ground waters. Nomos + Physis

Environmental Protection Act: Protection and use of biological diversity general protection of all wild species of fauna and flora and their habitats; long-term and annual plans and programmes under sectoral environmental legislation. policy, legal and administrative implementation and enforcement tools. Nomos + Physis

Waters Act: River basin management (use, protection, restoration); River basin management bodies (Basin Directorates, Basin Councils); River basin management plans; Preservation of the ecological balance and the inherent link between quantity and quality; Conservation of water eco-systems and wetlands Nomos + Physis

Protected Territories Act Modification of the categories of protected territories: reserves; national parks; natural landmarks; managed reserves; nature parks; protected localities Management plans Nomos + Physis

Biological Diversity Act National Ecological Network: protected territories; protected zones (SPAs, SACs); buffer zones around Protected territories Protected zones management plans Nomos + Physis

Territorial Development Act Zoning in accordance with designated use: 5 types of territories: urbanized; agricultural; forest; protected areas; damaged terrains, subject to restoration. Provides for regulated development of the marine coastal strip, beaches, sand dunes, water bodies, wetlands and protected coastal strips, not covered by nature conservation legislation Nomos + Physis

Concessions Act The Black Sea littoral falls in the scope of the concessions regime requirement for preliminary environmental assessment mandatory contents of concession contracts rights and obligations of the concessionaire Over 200 concessions for the Black Sea littoral have been granted. Nomos + Physis

International Conventions Bulgaria is party to the Ramsar, Bern, Bonn and Biodiversity Conventions. Policy, legislative or administrative measures, taken in order to implement these conventions, can ensure additional protection for protected transitional waters. Nomos + Physis

Conclusions In respect of protected transitional waters, a significant body of legal rules (general environmental, water, nature conservation, other sectors) is now in place, although not directly focusing on this type of waters. Competent bodies have been established and are functioning. The main implementation and enforcement tools are also in place. Transposition of the relevant EU requirements in the above-mentioned national legislation has not been achieved with the same precision and success in all interrelated sectors. Nomos + Physis

The fact that protected transitional waters are regulated mainly by two sectors of environmental law (water and nature conservation) may in some cases offer practical possibilities for increased protection. At the same time, this creates conditions for certain conflicts of rules or divergence of requirements. In order to achieve consistent implementation and enforcement, it would be advisable to review these laws with the aim of streamlining and coordinating differing requirements and their practical interpretation and application. Nomos + Physis

Such streamlining should involve : unification of definitions; unification of the contents of certain requirements; consistence in the contents and objectives and the implementation of the different management plans; uniformity of the monitoring requirements and avoidance of duplication of monitoring activities; ensuring the necessary institutional or departmental coordination in the process of applied conservation and management. Nomos + Physis

Issues in need of further special attention: streamlining of the planning process in general (adequate provision for environmental objectives; programme of measures and detailed technical requirements) and specific requirements for transitional waters; ensuring adequate coordination and compatibility of relevant planning instruments (River basin management plans and management plans for protected territories and protected zones); monitoring requirements in respect of transitional waters and protected territories and protected zones; Nomos + Physis

improvement of the institutional model by reducing the number of involved management bodies, better delimitation of their powers and more efficient interaction and coordination between them; Provision of measures not only for the management (mainly protection), but also for the sustainable use of transitional waters in general and protected transitional waters with a conservation status allowing sustainable use. Nomos + Physis

Inclusion of explicit requirements for transitional waters both in the water and nature conservation legislation, which would facilitate decisions for the designation of a particular body of transitional waters on the basis of a nature conservation protection category. Improved integration of the management and sustainable development in other sectoral policies and relevant legislation, in particular integrated coastal zone management. Nomos + Physis

Provision for economic incentives for the management and sustainable use of protected transitional waters. Improvement of the practical implementation and enforcement of legislative requirements. Nomos + Physis