CEELI Law Report
Bulgarian government proposes backsliding on EIA
The Bulgarian government's Council of Ministers is proposing to reduce public involvement in environmental impact assessment (EIA) of projects "which are of extreme significance for meeting vital needs of the population of the country." The council presented Parliament with amendments to provisions of the Act on Environmental Protection. These amendments would add an article to the law allowing an EIA to be conducted up to one year after construction of such projects had begun. For construction to begin, only a statement evaluating environmental impacts written by an expert approved by the ministry of environment would be required.
The amendments do not define a project of "extreme significance for meeting the vital needs of the population." The proposal states that a negative post-construction EIA shall result in measures to correct environmental problems, but the possibility of irreversible environmental damage appears not to have occurred to the drafters.
Numerous Bulgarian environmental organizations have denounced the proposal, claiming that it departs from European norms and casts a shadow over Bulgaria's hosting of the Conference of Ministers of Environment, to be held in Sofia in October. The bill has passed the second reading by the Parliament.
Ratifications of International Conventions in 1994
Several Central and Eastern European countries joined international conventions pertaining to environmental protection during the last year. Hungary and Romania signed the United Nations Framework Convention on Climate Change, which aims at stabilizing greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. The Czech Republic ratified the Convention on the Conservation of Migratory Species of Wild Animals (Bonn Convention). Albania, Hungary, and Georgia are among the newest signatories to the Convention on Biological Diversity, the goal of which is to conserve biological diversity, the sustainable use of its components, and the fair and equitable sharing of the benefits arising out of the utilization of genetic resources. FYR Macedonia accepted the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol by succession.
Estonian "Earth Crust" Act takes effect
The so-called "Earth Crust" Act, enacted by the Estonian parliament in 1994 and in force since 1 January 1995, regulates mining and other activities underground, including simple constructions. The law establishes a permit system for regulated activities, with permits to be issued by the ministry of environment or county authorities, depending on the project. Regulations governing the permit issuance procedure, including regulation of public information and comments, were issued in February by the ministry, but were not yet officially published at the time of writing.
These regulations require that public notice be given prior to the issuance of a permit, and further provide for a period when the public can submit written comments concerning a proposed permit. Special rights are granted to neighboring property owners and local authorities. The permitting authority is only obliged to consider comments from those parties whose interests may be affected. Standards for determining interest are not defined in the law, however. Notice must be given following granting of the permit, and appeal from the decision is available in the administrative court. The Earth Crust Act provides greater public involvement in the permit process for regulated activities than perhaps any law of its kind in the Region.
Regional Briefs
At press time, Estonia also passed the Law on Sustainable Development. This declaratory law will be reported on in the next issue of the CEELI Law Report. Hungary's Council of Ministers has presented the framework Environmental Protection Law to Parliament. It is now being discussed in committee.
Contact
Stephen Stec
CEELI
Tel/Fax: (36-1) 131-8082
or at the REC Fax: (36-1) 250-3403
The CEELI Law Report is edited by Stephen Stec of the Central and East European Law Initiative of the American Bar Association.
THE BULLETIN * SPRING 1995