WORKSHOP ON THE BLACK SEA ENVIRONMENT AND OIL SPILL RESPONSE

 

July, 25 - 27, 2000

Constanta, Romania

 

ENVIRONMENTAL POLICY OF THE REPUBLIC OF BULGARIA AND STATUS OF OIL SPILL CONTINGENCY PLANNING

 

 

ENVIRONMENTAL POLICY:

 

The intense traffic of oil through the Black Sea is an important economical factor, but it is also a source of marine pollution and a potential danger to the recreational areas, fishing industry, sea-birds, marine-life and other sensitive objects. An incident oil spill may cause a serious damage not only to the economics, but also to the environment - it has bad adverse effects on the marine ecosystem.

 

Recognizing the necessity of an appropriate legislation concerning the marine environment protection, the Republic of Bulgaria has signed a number of international agreements. In order to prevent, limit and eliminate the marine and coastal pollution the Government carries out its national legislation policy in a manner of active co-operation with all Black Sea Countries. At present the main operative normative documents in Bulgarian legislation, concerning the prevention of the Black Sea environment, are:

• the Law for Protection of the Environment, 1987;

• the actualized Sea Spaces Act, 2000.

 

It is expected that a Law for Protection of the Marine Environment will be adopted very soon. It will include some heightened national requirements in order to limit all the discharges into the Black Sea that are not circumstantially arranged in the International Convention MARPOL 73/78.

 

Having in mind the fact that the Black Sea is a "Special Area" Bulgarian environmental policy includes additionally some strict local and national rules and requirements for pollution prevention. The problem with the identification and authorization of the united governmental agency, which to assume the responsibility in a case of oil spill pollution is already definitively solved. According to the Sea Spaces Act and the Merchant Shipping Code of the Republic of Bulgaria the Ministry of Transport and Communications, respectively the Maritime Administration and its structures is the competent national authority responsible for the marine environment protection and oil pollution combating in the Bulgarian part of the Black Sea. An effective system for oil spill preparedness and response requires a good co-ordination and efforts integration between more institutions. Therefore, it has been established legislational and organizational framework for co-operation among the Ministry of Transport and Communications, the Ministry of Environment And Waters and the Ministry of Defense (Civil Protection Department) involved in different aspects of counter pollution activities, and Government Committees for Protection of the Environment and Population in cases of accidents and disasters.

In compliance with the Convention for Pollution Prevention of the Black Sea, 1992 (so called Bucharest Convention '92), and the Protocol to this Convention for immediate actions in case of oil spillsor pollution with other harmful substances, each of the Black Sea Countries has agreed to work in a close co-operation with other Countries on the basis of the Black Sea Regional Contingency Plan. With regard to this, the activities related to oil spill preparedness, response and co-operation are specified and settled. However, for the Republic of Bulgaria there is a pressing need to find a proper solution for the problem with compensation of the damage caused to the environment and economics by oil pollution. At present our country has not own national legislation, which definitively to settle questions concerning claims and compensation of those affected by oil pollution - Bulgaria rely only on a broader environmental laws originally developed for other purposes. This fact determines one of the main priorities in the Bulgarian environmental policy - to ratify as soon as possible the international conventions governing compensation for oil pollution:

 

·           the Civil Liability Convention, 1992 (CLC '92);

·           the Fund Convention, 1992 (FC '92).

 

At present in our country an important matter for consideration relevant to marine pollution is the ratification of

 

·           the International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990.

 

This is a necessary action directed to the integration and harmonization of the Bulgarian legislational framework with the European and World normative basis concerned with the marine environment prevention. The OPRC Convention is already translated and disseminated to the appropriate ministries for consideration and it will be followed by approval by the National Assembly. It is expected that the ratification of the Convention will take place at the end of the year 2000.

 

STATUS OF OIL SPILL CONTINGENCY PLANNING:

 

In accordance with article 11 of the Ministerial Declaration on the, Protection of the Black Sea, 1993 (so called Odessa Declaration '93) every Black Sea Country is obligated to prepare its National Contingency Plan on the ground of which to adopt a Regional Contingency Plan for oil spill pollution prevention of the Black Sea. In that purpose the Draft National Contingency Plan of the Republic of Bulgaria has been developed by competent experts on contingency planning. Due to the ongoing changes in the organizational structures of our national bodies, the approval of the Plan will be possibly delayed. The Sea Spaces Act, as amended, has a direct impact on the contingency planning. It is already approved and in the coming months it is expected that some relative documents concerning the Civil Defense will also be approved. The reasonable perspectives are that the Bulgarian National Contingency Plan will be approved and adopted by the Government in September - October '2000 at the latest.

At present the co-ordination and the whole organization of the oil spill response activities in Bulgaria is managed mainly by two Regional Contingency Plans, developed in 1974, revised and updated in 1990:

 

1. the Regional Contingency Plan for the Port and District of Varna;

2. the Regional Contingency Plan for the Port and District of Bourgas

.

There are also Local Contingency Plans for the coastal Municipalities of Shabla, Kavarna, Baltchik and Biala. In addition more similar Local Plans are going to be developed, in order to ensure the prevention of all Bulgarian Black Sea Municipalities and also of other objects and areas with high rate of risk regarding to oil pollution (ports, oil terminals, Exploration & Production facilities, etc.).

 

The Regional Contingency Plans for the two Bulgarian biggest ports -Varna and Bourgas, have a well developed communicational structure and coordination among the different links. There are two Emergency Response Teams - one in Varna and one in Bourgas, which combine all available human and technical resources in the regions. On﷓Scene Commanders of the teams are the Port of Varna Harbour Master and the Port of Bourgas Harbour Master.

 

The implementation of the mentioned above Regional Plans is in compliance with the Bulgarian legislation and with the international requirements (MARPOL 73/78, OPRC '90, IMO Manuals on Oil Pollution) They include ongoing personnel and equipment test programme, which has been developed in order to assure a quick reaction and an effective response to an oil spill – practical and theoretical exercises of the Emergency Response Teams are carried out yearly.

 

Having in mind that Varna Contingency Plan covers the Bulgarian coast and the territorial waters from the Romanian border to the Emine Cape and Bourgas Contingency Plan covers the coast and the territorial waters from the Emine Cape to the Turkish border, it can be concluded that those two Plans cover the whole Bulgarian coast and the Black Sea waters in case of pollution. Although, at the moment there is not an officially approved National Contingency Plan, the two existing Plans - for Varna and Bourgas are treated as such and they constitute the Bulgarian Plan. At present they are the basis for coordination of the on-scene response efforts between local institutions and Governmental structures, considered as responsible authorities obliged in oil spill response system and Black Sea environment protection.

July 25, 2000                           Veneta Slavova

Constanta Romania                       MARPOL Surveyor

                                                Maritime Administration

                        Regional Directorate

                                                Varna, BULGARIA