ADDITIONAL QUESTIONNAIRE FOR REPORTS BY MEMBER STATES
PURSUANT TO ARTICLE 51(2)
In order to implement the principles of proximity, priority for recovery and selfsufficiency at Community and national levels in accordance with Directive 2006/12/EC
Has this provision been applied?YesNo
(please tick as appropriate)
If yes, please provide details of the measures taken:
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Additional remarks:
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Information on the measures taken to object systematically to shipments of waste between Member States
In order to implement the principles of proximity, priority for recovery and selfsufficiency at Community and national levels in accordance with Directive2006/12/EC
Has this provision been applied?YesNo
(please tick as appropriate)
If yes, please provide details of the measures taken:
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Additional remarks:
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Art. 11(1)(e) / Information on the prohibition of the import of waste
Has this provision been applied?YesNo
(please tick as appropriate)
If yes, please provide details of the measures taken:
The prohibition of the import of waste is laid down in Art. 75, para 1 of the Waste Management Act, Prom., SG No. 86/30.09.2003and states the following:
(1) Shipments of waste to the Republic of Bulgaria, destined for final disposal shall be prohibited except in the following cases:
1. in the case of a take-back obligation according to Articles 22 and 24 of Regulation 1013/2006;
2. upon shipment of a residue arising from the treatment of waste originating from Bulgaria to other countries, for which there are no recycling installations in Bulgaria; in such case, a new notification shall be required for the shipment of the residue.
Art. 11(3) / Information on exceptions to the implementation of the principle of proximity, priority for recovery and self-sufficiency
In the case of hazardous waste produced in a MemberState of dispatch in such a small quantity overall per year that the provision of new specialised disposal installations within that State would be uneconomic
Have you asked any MemberState to apply this exception?YesNo
(please tick as appropriate)
If yes, please complete Table 1 and give details below of any bilateral solution found pursuant to Article 11(3):
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Have you received any request from Member States to apply this exception?
YesNo
(please tick as appropriate)
If yes, please complete Table 1 and give details below of any bilateral solution found pursuant to Article 11(3):
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Art. 11(1)(g) / Information on objections to planned shipments or disposal on the basis of their not being in accordance with Directive 2006/12/EC
Has this provision been applied?YesNo
(please tick as appropriate)
If yes, please complete Table 2.
Art. 12(5) / Information on objections to planned shipments or recovery on the basis of their not being in accordance with Article 12(1)(c)
Has this provision been applied?YesNo
(please tick as appropriate)
If yes, please complete Table 3.
Art. 14 / Information on decisions by competent authorities having jurisdiction over specific recovery facilities to issue pre-consents to such facilities
Has there been any case?YesNo
(please tick as appropriate)
If yes, please complete Table 4.
Art. 33 / Information on the Member States' system for the supervision and control of shipments of waste exclusively within their jurisdiction
Is there a system for the supervision and control of shipments of waste within the jurisdiction?Yes No
(please tick as appropriate)
If there is such a system, do you apply the system provided for in Titles II and VII of the Regulation? Yes No
(please tick as appropriate)
If you apply a different system from that provided for in Titles II and VII of the Regulation, please give details of the system applied:
Art. 5, para 2 of the Waste Management Act states:
“Industrial, construction and hazardous waste shall be delivered and accepted solely on the basis of a written contract…”
In addition Art. 12, para 1 requires that:
“The following shall be required for pursuing waste recovery and/or disposal operations, including pretreatment prior to recovery and/or final disposal:
1. a permit issued according to the procedure established by Article 37 herein, or
2. an integrated permit issued according to the procedure established by Chapter Seven, Section II of the Environmental Protection Act.
(2) No permits shall be required for:
1. trade in ferrous and non-ferrous metal waste which does not have hazardous properties;
2. collection and temporary storage of waste on the site where it is produced;
3. collection and transport of waste within the meaning given by Items 18 and 19 of § 1 of the Supplementary Provisions herein;
4. storage of non-hazardous waste designated by Code R13 within the meaning given by Item 17 (m) of § 1 of the Supplementary Provisions herein”
In accordance with Art. 8 of theOrdinance No 9 on the procedure andformats, used to submit information on waste activities, as well as the procedure for keeping a public register of the issuedpermits, registration documents and the closed installations and activities: A tracking form has to accompany each shipment of hazardous waste from the point of dispatch to the receiving facility. The receiver notifies than the acceptance of the waste to the competent authority.
Art. 24 and Art.50(1) / Information on illegal shipments of waste
Has there been any case?YesNo
(please tick as appropriate)
If yes, please complete Table 5.
Please provide information on how illegal shipments of waste are prevented, detected and penalised under national legislation:
The prevention and detection of illegal shipments is based on regular checks at waste treatment or generating facilities and during shipments of waste.
The Waste Management Act states the following:
“Art. 94a(1) The Minister of Environment and Water, the Minister of the Interior, the Minister of Transport, Information Technology and Communications, the Director of the National Customs Agency or officials empowered thereby shall control cross-border shipments of waste under this Act and under Regulation 1013/2006, each within the powers vested therein.
(2) The control referred to in Paragraph (1) shall be implemented care of:
1. the Director of the Regional Inspectorate of Environment and Water covering the territory wherein the point of origin of the waste is located, or persons empowered thereby: applicable to the cases referred to in Article 50, paragraph 3 (a) of Regulation 1013/2006;
2. the Director of the Regional Inspectorate of Environment and Water covering the territory wherein the destination of the shipment is located, or persons empowered thereby: applicable to the cases referred to in Article 50, paragraph 3 (b) of Regulation 1013/2006;
3. the customs authorities and the authorities of Chief Directorate Border Police: applicable to the cases referred to in Article 50, paragraph 3 (c) of Regulation 1013/2006;
4. officials of the Road Transport Administration Executive Agency, the Railway Administration Executive Agency, the Maritime Administration Executive Agency and the authorities of the Chief Directorate Border Police and Chief Directorate National Police: applicable to the cases referred to in Article 50, point 3 (d) of Regulation 1013/2006.
(3) In case of doubt as to the conformity of the waste with the accompanying documents or regarding the type of the waste, the authorities and the persons referred to in Items 3 and 4 of Paragraph (2) may request assistance from the relevant Regional Inspectorate of Environment and Water covering the territory wherein the check is conducted. In such case, the Director of the relevant Regional Inspectorate of Environment and Water or an official empowered thereby shall render assistance immediately.
(4) In the cases referred to in Item 1 or 2 of Paragraph (2), the Director of the Regional Inspectorate of Environment and Water may request assistance from the authorities of the Ministry of the Interior. In such case, the authorities of the Ministry of Interior shall render assistance immediately.”
For administrative violations and illegal shipments the following sanctions are imposed according to the Waste Management Act:
Article 108a (1) Carrying out any shipments of waste defined as illegal according to item 35 of Article 2 of Regulation 1013/2006, or breaching any prohibitions covered under Article 75 herein, shall be punishable by a fine of BGN 5,000 or exceeding this amount but not exceeding BGN 25,000, applicable to natural persons, or by a pecuniary penalty of BGN 10,000 or exceeding this amount but not exceeding BGN 50,000, applicable to legal persons and sole traders.
(2) Any violation of Article 15 (c), (d) and (e), Articles 16, 17, 18, 19, 20, 22, 24, Article 35, paragraph 3 (c), Article 38, paragraph 3 (b) and Article 42, paragraph 3 (c) of Regulation 1013/2006 shall be punishable by a fine of BGN 1,000 or exceeding this amount but not exceeding BGN 5,000, applicable to natural persons, or by a pecuniary penalty of BGN 2,000 or exceeding this amount but not exceeding BGN 20,000, applicable to legal persons and sole traders.
Art.50(2) / Information on spot checks on shipments of waste or on the related recovery or disposal
Number of checks on shipments of waste or on the related recovery or disposal:
BulgarianCustomsandBorderpoliceofficers perform checks of waste shipments as part of their daily work routine.
The regional environmental inspectors also do regular checks at waste treatment and waste generation facilities as Art. 97, para 2 of the waste Managament Act stipulates that the control authorities shall conduct an examination of the documents required under the Waste Management Act of the persons whose activity involves the formation of waste and/or who or which pursue waste-related operations at intervals of not more than one year. An on-site inspection shall be independent of the inspection referred above and shall be conducted at intervals of not more than one year in the place where the operation is pursued.
In 2011 the Ministry of Environment and Water together with the control bodies and in co-operation with representatives of the Hellenic Ministry of Environment, Energy & Climate Change organized and performed common checks at the Greek-Bulgarian border Promachonas/Kulata in the period between 7th and 8th of November 2011.
Number of supposed illegal shipments ascertained during these checks:
During the common check at the Greek-Bulgarian border Promachonas/Kulata one illegal shipment from Greece to Bulgaria was ascertained: shipment of20 tons waste plastic packaging (Basel code B3010 and an EWC code: 15 01 02)
Additional remarks:
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Art. 6 / Information on a financial guarantee or equivalent insurance covering costs for transport, recovery or disposal and storage of waste, including cases referred to in Articles 22 and 24
Please provide details on the provisions of national law adopted pursuant to this Article:
Provisions on the financial guarantee or equivalent insurance are laid down in the Waste Management Act:
Art. 73
(2) In the cases where a financial guarantee or equivalent insurance is required according to Article 6 of Regulation 1013/2006, the said guarantee or insurance must be furnished in the form of a bank guarantee, an insurance guarantee or an insurance policy.
(3) Upon shipments of waste to the Republic of Bulgaria destined for interim recovery or disposal operations, the financial guarantee or equivalent insurance shall cover the costs until completion of the shipments, certified by the issuing of a certificate according to Article 15 (e) of Regulation 1013/2006.
(4) In a general notification under Article 13 of Regulation 1013/2006 of shipments from the Republic of Bulgaria, the financial guarantee or equivalent insurance must cover the total quantity of waste notified, and it shall be admissible to furnish a partial financialguarantee covering part of the quantity of waste in the cases referred to in Paragraph (7).
(5) Where the financial guarantee referred to in Article 6 of Regulation 1013/2006 is furnished in the form of a bank guarantee, the bank guarantor shall undertake irrevocably, unconditionally and upon first written demand by the Minister of Environment and Water to transfer the amount under the bank guarantee to the benefit of and to an account of the Ministry of Environment and Water. The said bank guarantee shall be unconditional and irrevocable and must be issued by a foreign bank rated AA by the Moody's Rating Agency or by a Bulgarian bank. A bank guarantee issued by a foreign bank must be advised through a Bulgarian bank.
(6) The insurance policy referred to in Article 6 of Regulation 1013/2006 shall be issued by an insurance company holding a licence issued according to the procedure established by the Insurance Code. The said insurance policy shall include a stipulation on payment of the full amount of the sum under the insured event to the benefit of the Ministry of Environment and Water upon first written demand.
(7) As many shipments as are covered by the partial financial guarantee may be dispatched. In such case, each successive shipment may be dispatched after receipt of the certificate referred to in Article 16 (e) of Regulation 1013/2006.
Тhe Ordinance on the procedure and order for calculating the amount of the financial guarantee or equivalent insurance and the submission of annual records for transboundary shipments of waste, Prom. S.G.29/08.04.2011) provides a calculation method for the financial guarantee pursuant to Article 6 of Regulation 1013/2006. The calculation method is based on a calculation formula and specific cost values (transport, storage and treatments) for different types of waste. In case that the total amount resulting from the calculation formula is less than 1000 Euro per ton, the fixed sum of 1 000 Euro per ton shall be taken as a basis for calculation of the financial guarantee.
Art. 55 / Information on any customs offices designated by Member States for shipments of waste entering and leaving the Community
Has there been any designation?YesNo
(please tick as appropriate)
If yes, please complete Table 6.
Note for completion of the tables:
D-codes and R-codes are those referred to in Annexes IIA and IIB to Directive 2006/12/EC.
Waste identification codes are those referred to in Annexes III, IIIA, IIIB, IV and IVA to this Regulation.
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Table 1
INFORMATION ON EXCEPTIONS TO THE IMPLEMENTATION OF THE PRINCIPLES OF PROXIMITY,
PRIORITY FOR RECOVERY AND SELF-SUFFICIENCY (Article 11(3))
(code) / Quantity
(kg/litres) / Country of destination (De)/
country of dispatch (Di) / Disposal operation
D-code / Referral of the matter to the Commission
(Yes/No)
No / No / No / No / No
Table 2
OBJECTIONS TO PLANNED SHIPMENTS OR DISPOSAL (Article 11(1)(g))
Waste identification(code) / Quantity
(kg/litres) / Country of transit (T)/
country of dispatch (Di) / Reasons for the objection
(please tick √ as appropriate) / Facility
Art.
11(1)(g)(i) / Art.
11(1)(g)(ii) / Art.
11(1)(g)(iii) / Name
(in case of Art. 11(1)(g)(ii)) / Disposal operation
D-code
No / No / No / No / No / No / No / No
Table 3
OBJECTIONS TO PLANNED SHIPMENTS OR RECOVERY (Article 12(1)(c))
Waste identification(code) / Quantity
(kg/litres) / Country of destination / Reasons for the objection
and details of relevant national legislation / Facility
(in the country of destination)
Name / Recovery operation
R-code
No / No / No / No / No / No
Table 4
INFORMATION ON DECISIONS BY COMPETENT AUTHORITIES TO ISSUE PRE-CONSENTS (ARTICLE 14)
Competent authority / Recovery facility / Waste identification (code) / Period of validity / Revocation(date)
Name
and No / Address / Recovery operation
R-code / Technologies employed / From / To
No / No / No / No / No / No / No / No / No
Table 5
INFORMATION ON ILLEGAL SHIPMENTS OF WASTE (Article 24 and Article 50(1))
Waste identification(code) / Quantity
(kg/litres) / Country of destination (De) and
country of dispatch (Di) / Identification of the reason for illegality
(possible reference to violated Articles) / Responsible for illegality
(please tick √ as appropriate) / Measures taken
including possible penalties
Notifier / Consignee / Other
Mixture of waste
(WEEE; waste cables; steel scrap; waste accumulators) / 8020 kg / Bulgaria (De)/ Greece (Di) / Art. 2, point 35 a of Regulation 1013/2006 / √ / Environmentally sound treatment of the waste;
Court sentence;
Waste vegetable oil 20 01 35 / 20 000 litres / Bulgaria (De)/ Canada (Di) / Art. 2, point 35 a of Regulation 1013/2006 / √ / Environmentally sound treatment of the waste;
Administrative sanction
16 06 01* / 6300 kg / Bulgaria (De)/ Greece (Di) / Art. 2, point 35 a of Regulation 1013/2006 / √ / Environ-mentally sound treatment of the waste;
Court sentence
Mixture of waste (plastic and cardboard wastes) / 2050 kg / Bulgaria (De)/ Vietnam (Di) / Art. 2, point 35 a of Regulation 1013/2006 / √ / Environ-mentally sound treatment of the waste;
Administrative sanction
B1100 / 4400 kg / Bulgaria (De)/ Azerbaijan (Di) / Art. 2, point 35 a of Regulation 1013/2006 / √ / Environ-mentally sound treatment of the waste;
Administrative sanction
B1010 / 4780 kg / Bulgaria (De)/ UAE (Di) / Art. 2, point 35 a of Regulation 1013/2006 / √ / Environ-mentally sound treatment of the waste;
Administrative sanction
Mixture of waste
(ferrous and non-ferrous metal scrap; waste cables; waste accumulators) / 13380 kg / Bulgaria (De)/ Greece (Di) / Art. 2, point 35 a of Regulation 1013/2006 / √ / Take-back by CA of Greece
B3010 / 2000 kg / Bulgaria (De)/ Greece (Di) / Art. 2, point 35 a of Regulation 1013/2006 / √ / Environmentally sound treatment of the waste;
Administrative sanction
Table 6
INFORMATION ON ANY SPECIFIC CUSTOMS OFFICES DESIGNATED BY MEMBER STATES FOR
SHIPMENTS OF WASTE ENTERING AND LEAVING THE COMMUNITY (Article 55)
Office / Location / Import/export countries controlled
Nеftopristanishte
BG001004 / Burgas, Neftopristaniste
tel.: 056/ 898 847
Port Burgas Centre
BG001007 / Burgas, Pl. „Al. Batenberg” №1
tel.:056/ 876 242
Lesovo
BG001011 / Lesovo, obl. Yambol, MP Lesovo
tel.:0478/ 81202, 81209
fax: 0478/ 81 203
/ Turkey
Varna-West
BG002002 / Devnya, MP Varna-West
tel.: 05199/ 7143; 05199/7134; 05199/7135
fax: 05199/7144; 05199/7132
Port Varna
BG002005 / Varna, Pl. ”Slaveykov” № 2
tel.: 052/689 409
fax: 052/ 632 321
PortLesport
BG002006 / Topoli, obl. Varna – ZPZ
tel.: 052 742 715 / 052 571 530
fax: 052/742 715
Varna – ferryboat
BG002007 / Beloslav – Ferryboat complex
tel.:051 12 24 42
fax: 05199/ 34 50
Balchik
BG002010 / Balchik, „Primorska” Str. № 1, p.b.41
tel.:057 97 40 43
fax: 0579/ 74043
RailwayStationSvilengrad
BG003102 / Svilengrad 6500, sq. PetkoVoyvoda, “AsenIliev” Str. №4
tel.:0379/7-30-00, 0379/7-32-36
fax: 0379/7-32-36
/ Turkey
Kapitan Andreevo
BG003103 / Kapitan Andreevo 6530, MP "Kapitan Andreevo"
tel.: 0379/7-12-43, 0379/7-15-97, 0397/7-18-37
fax: 0379/7-15-97
, / Turkey
Port Ruse
BG004006 / Ruse, Portcomplex Ruse- East
tel.: 082/847-257
fax: 082/847-255
Port Silistra
BG004013 / Silistra, “Pristanishtna” Str. №4
tel.: 086/820-788
fax: 086/820-788
Oryahovo
BG004203 / Oryahovo 3300, ”Dragoman” Str.1
tel.:09171/2173
fax: 09171/2173
Port Lom
BG004205 / Lom 3600, “Dunavska” Str. 42
tel.: 0971/66809
fax: 0971/66809
Bregovo
BG004206 / Bregovo 3790
tel.: 09312/2274
fax: 09312/2274
/ Republic of Serbia
Port Vidin
BG004208 / Vidin 3700,”Dunavska” Str. № 1
tel.: 094/600548
fax: 094/600548
Somovit
BG004307 / Somovit 5959, Pleven region,
“Ivan Vazov” Str. № 2
06567/2321
06567/2442
AirportSofia – cargo
BG005107 / Sofia, “Bryuksel” Blv. № 1
tel.: 02/9859 4821; 02/9859 4823
Gyueshevo
BG005702 / tel.: 078/551298
fax: 078/551298
/ FYROM
Zlatarevo
BG005703 / tel.: 0745/61797, 0745/62097
fax: 0745/61797
/ FYROM
Logodazh
BG005706 / tel.: 073/880026
fax: 073/880516
/ FYROM
Kalotina
BG005804 / Kalotina
tel.: 07174/ 22 06
fax: 07174/ 22 06
/ Republic of Serbia
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Information on cases which have been closed during the reporting period.