B U L G A R I A
Contrary to European and international norms, the amendment allows the government to go ahead with certain projects without prior public discussion of environmental impacts, requiring only that the Council of Ministers determine such projects to be "vitally needed" by the population of Bulgaria. "Vital needs" are vaguely defined as "those connected with the safety and security of the health and life of the population." Only the statement of a single expert approved by the Ministry of Environment is required to begin construction. The amendment states that a negative post-construction EIA shall result in measures to correct environmental problems, but the possibility of irreversible environmental damage appears to have escaped the attention of the parliament.
The change in the environmental protection law was prompted by the government's desire to immediately begin a controversial construction project that would divert water from the Rila Mountain (as well as southern Bulgaria and Greece) in an attempt to rectify a water shortage in Sofia.
Representatives of the largest environmental NGOs in Bulgaria voiced strong criticism of the amendment at a meeting on 20 May. They adopted a declaration condemning the amendment and demanding its repeal: "We state hereby that the amendment restricts the constitutional rights of the Bulgarian people to receive information and to live in a favorable and healthy environment. Thus, Bulgarian citizens are denied the possibility to participate in decisions affecting present and future generations' negative impacts against the environment. The amendment further contradicts Bulgaria's international agreements, and represents a step back on the road to integration with Europe. We hereby ask the Members of Parliament to repeal said amendment. We further insist that the Constitutional Court advise on the decision of parliament in the context of the Constitution. Furthermore, the NGOs declare that they will oppose all similar infringement of the rights of the Bulgarian people by any legal means possible."
A representative of the Federation of European Green Parties present at the NGO meeting predicted that the international environmental movement would mount a pressure campaign to coincide with the Sofia meeting. The Constitutional Court has already ruled that the amendment to the EPA is constitutional.
H U N G A R Y
Significantly for NGOs, the law declares that environmental protection in Hungary will be achieved with public participation fueled by environmental information. The law places reporting requirements on polluters, making them primarily responsible for providing environmental information to the public. The law also creates institutions for environmental protection information, education and training, and sets up systems of environmental load fees, use contributions and product charges. Enforcement is enhanced by the formalization of periodic "environmental protection reviews" of ongoing activities, thus potentially avoiding the tendency to rely too much on EIA for assessment and enforcement.
Although the legal basis for Hungarian environmental impact assessments (EIAs) has been brought out of the Stone Age, the law stops short of requiring decisionmakers to respond with reasons to all EIA comments; instead, authorities need only investigate comments that are "essential." And while giving certain rights to NGOs, the public participation provisions fail to assign corresponding duties to authorities to respond to public initiatives.
The basis for environmental policy planning and management established under the law is the National Environmental Protection Program. Promulgated by the government and approved by the parliament, the 6-year NEPPs will report on the state of the environment, set environmental protection goals and outline the tasks and means for achieving assigned goals. Many of the government's duties to protect the environment will be funded from the central state budget, supplemented by national and local environmental funds. A point of controversy over management of the national fund was avoided by committing its regulation to a separate law.
Although the law adequately sets forth basic principles for environmental protection, much work remains to be done. The act states that separate laws shall regulate nuclear energy, mining, energy, forests, buildings and constructions, arable land, fishing, transportation (by subsectors), disaster prevention and response, land development, game management, water management, wastes, hazardous substances, nature protection, animal protection, plant protection, and historic preservation.
R O M A N I A
Contact: Stephen Stec, CEELI
Tel/Fax: (36-1) 131 8082
E-mail: stec@magnet.hu