1. COOPERATION AND COORDINATION OF THE CONTROL ON THE ILLEGAL TRAFFIC OF WASTE IN BULGARIA Workshop on Illegal Traffic Bratislava, Slovak Republic, 3 rd to 5 th October 2006 NIKOLA OVCHAROV CHIEF EXPERT IN WASTE MANAGEMENT DIRECTORATE MINISTRY OF ENVIRONMENT AND WATER MINISTRY OF ENVIRONMENT AND WATER Tel. 359/2/940 65 54, Е-mail: novcharov@moew.government.bg

2. 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 Waste Management ActWaste Management Act 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 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 CommunityOrdinance on the order and the procedures for the import, export and transit of waste and the cases when bank guarantee or insurance is requiredOrdinance on the order and the procedures for the import, export and transit of waste and the cases when bank guarantee or insurance is required 3. Law on Ratification of the Basel Convention on the Control of Transboundary Movements of Hazardous Waste and their Disposal, adopted 1996

3. NATIONAL LEGISLATION Bulgaria prohibits the import of hazardous wastes for disposal Bulgaria prohibits the import of hazardous wastes for disposal The transboundary movement of hazardous waste must be permitted with a notification signed by the Minister of Environment and Water The transboundary movement of hazardous waste must be permitted with a notification signed by the Minister of Environment and Water The import of non-hazardous waste shall be registrated 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 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 The Penal Code provides fines and imprisonment in case of illegal traffic of hazardous waste

4. COOPERATION BETWEEN THE COMPETENT INSTITUTIONS IN BULGARIA This year in the framework of a Twinning project 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. This year in the framework of a Twinning project 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 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

5. IN CASE OF ILLEGAL TRAFFIC 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 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. 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 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. 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 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 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.

6. IN CASE OF ILLEGAL TRAFFIC The Customs Agency and the Border Police are the first institution dealing with the illegal traffic of hazardous waste. Then the prosecutors and the courts are involved. The Customs Agency and the Border Police are the first 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. 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.