Practical experience with applying EIA in transboundary context

SEE Subregional meeting 17-19 November 2008,

Nina Stoyanova Ministry of Environment and Water, Environmental Impact Assessment in Bulgaria

Legislation { EU z Council Directive 97/11/EC, amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment z Directive 2003/35/EC providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC { UNO z UN/ECE Convention on EIA in a transboundary context { Bulgaria z Environmental Protection Act – 2002 and 2005 (full transposition of the EU EIA Directives) z Ordinance on the terms and procedure for EIA of investment proposals for construction, activities and technologies – 2003 and 2006 EIA in a transboundary context

EIA cases

{ Crude oil pipeline (BG) – Alexandrupolis (GR) { Second Bridge over the Danube river between (BG) and Calafat (RO) { Construction of NPP “ (BG) { Expansion of NPP Chernavoda (RO) { Mining and processing of gold ore in Krumovgrad (BG) { Construction of refinery for processing of crude oil to end products in (BG) { Low sulfur crude oil processing plant with annual capacity of 66,000 tons in Rouse (BG) EIA in a transboundary context

The case study: “Crude oil pipeline Burgas (BG) – Alexandrupolis (GR)” o Concerned countries - Bulgaria and Greece o Ratification of Espoo Convention – both countries o Party of Origin <=> Affected Party o Activity – overloading of crude oil from tankers in an open sea and pipeline on the territories of Bulgaria and Greece o The project is in the scope of Annex I of the EIA Directive and Espoo Convention EIA in a transboundary context

The case study:“Crude oil pipeline Burgas (BG) – Alexandrupolis (GR)”

{ in the period 1999-February 2002 full national EIA Procedure carried out - EIA decision No 8-1/21.02.2002 { two alternatives of the pipeline on Bulgarian territory assessed { several alternatives for overloading of crude oil from tankers in the Black Sea discussed { currently there is no officially submitted information on the actual development of the project EIA in a transboundary context

The case study: Second Bridge over the Danube river between Vidin (BG) and Calafat (RO)

É Concerned countries - Bulgaria and Romania É Ratification of the Convention: É Bulgaria - March 1995 É Romania - March 2001 É Party of Origin <=> Affected Party É Activity - bridge as a part of the road and long distance railway É priority project included in the Quick Start package of the projects in the Stability Pact for international assistance É Formal developer - Bulgarian Ministry of Transport and Communications É Establishment of the Joint Committee chaired by the Ministers of Transport of Bulgaria and Romania EIA in a transboundary context

The case study: Second Bridge over the Danube river between Vidin (BG) and Calafat (RO)

Differences between the national EIA systems in Bulgaria and Romania: É Preliminary EIA on the feasibility study - BG É Final EIA on the detailed design – RO É Environmental permits for the bridge – in both countries É Joint EIA procedure É Establishment of Joint Working Group - responsible for the environmental aspects which could be raised by the development of the project É No formal notification procedure EIA in a transboundary context

The case study: Construction of NPP “Belene”(BG)

{ Party of Origin – Bulgaria { Affected Party – Romania { Notification - 10 September 2003 – BG to RO { Expressed interest to participate – 7 October 2003 – RO to BG { Public access to the EIS – one month in both countries { Public hearings in Bulgaria – 24-29 April 2004 - Belene, , Nikopol and in – 4 May 2004 { Public hearings in Romania – 8 September 2004 – Turnu Magurele EIA in a transboundary context

The case study: Construction of NPP “Belene”(BG)

{ issued EIA decision on 22 November 2004 – it contains 50 conditions to be implemented during the phase of design, construction and operation; { conditions proposed by Romania taken into account; { the conditions in the EIA decision are subject to control; { public access to the EIA documentation is secured according to the Law on access tо public information EIA in a transboundary context

The case study: Construction of refinery for processing of crude oil to end products in Silistra (BG)

{ Party of Origin – Bulgaria { Affected Party – Romania { Notification - 27 July 2006 – BG to RO { Expressed interest to participate – 14 August 2006 – RO to BG { Public access to the EIS – one month in both countries { Public hearings in Bulgaria – 28 September 2006, in Silistra and in Romania - 9 November 2006, Calarasi EIA in a transboundary context

The case study: Construction of refinery for processing of crude oil to end products in Silistra (BG)

{ issued EIA decision on 14 December 2006 – it contains 24 conditions to be implemented during the phase of design, construction and operation; { conditions proposed by Romania taken into account; { the conditions in the EIA decision are subject to control; { public access to the EIA documentation is secured according to the Law on access tо public information EIA in a transboundary context

The case study: Expansion of NPP Chernavoda (RO) – Units 3 and 4

{ Party of Origin – Romania { Affected Party – Bulgaria { Notification - 31 January 2006 – RO to BG { Expressed interest to participate – 7 March 2006–BG to RO { Public access to the EIS – one month in both countries { Public hearings in Bulgaria – 20 November 2007 - and Silistra { Sending the final opinions and proposals which should be taken into account - BG to RO EIA in a transboundary context

The case study: Mining and processing of gold ore in Krumovgrad (BG)

{ Party of Origin – Bulgaria { Affected Party – Greece { Notification - 16 June 2005 – BG to GR { Expressed interest to participate – 29 July 2005–GR to BG { Public access to the EIS – one month in both countries { Public hearings in Bulgaria – 17-18 August 2005 – Krumovgrad and Zvunarka { No public hearing in Greece, only statement in writing ( The EIA decision is not issued yet) EIA in a transboundary context

The case study: Low sulfur crude oil processing plant with annual capacity of 66,000 tons in Rouse (BG)

{ Party of Origin – Bulgaria { Affected Party – Romania { Notification - 22 April 2008 – BG to RO { Expressed interest to participate – 24 June 2008–RO to BG { The EIA documentation is under preparation, taking into account the comments of the Romanian party on the Terms of Reference for the EIA report EIA in a transboundary context – conclusions

Different approaches in the implementation

{ General approach – Party of origin/Affected party { Separate EIA procedures on national level – linear infrastructure projects (roads, pipelines); { Joint EIA procedure { Combined approach EIA in a transboundary context – recommendations

{ Maintain permanent exchange of information among the countries { Prepare and sign bi-and multilateral agreements on EIA { Use more informal and flexible methods of procedure { Know better the national differences in EIA THANK YOU FOR THE ATTENTION !