Opinion to the National Assembly on respect of proposed amendments to the Waste Management Act

BACK acknowledges the need for having more precise legal regulations to increase the responsibility of the economic agents in the trade and treatment of waste, as well as their publicity.
On 07.02.2020 a meeting was held which included, among other officials, representatives of the cement-making plants and of the Ministry of Environment and Water, where BACK expressly supported the measures identified by the Ministry for control of the import and treatment of waste in Bulgaria.
In a letter to the National Assembly BACK set out the position of the sector on some of the draft provisions of the Bill Amending and Supplementing the Waste Management Act, Ref. No.: 054-01-16:
1. In §1, an entirely new Paragraph 4 to Article 95 is proposed, with the following initial content: “At least the following circumstances shall be entered in the register under Paragraph 3: …“
Proposal: Rendering the text more precise, whereby the wording “at least” is dropped, so as to make as clear as possible what exactly shall be subject to entry in the register.
2. Amending Item 2 of the new Paragraph 4, whereby “the name of the notifying party” is replaced by “country of origin”.
Furthermore, if the permitted volume of transportation is going to be part of the register, the actually transported volume as quantities should too be included in the register. This option would have rationale if “the name of the notifying party” is not indicated, and instead the approach for indicating “country of origin is used”.
Reasoning: If the notifying party is indicated with full import details, this will mean that all competitors will have access to such confidential proprietary business information. If only a permitted volume is indicated, this can be wrongly interpreted unilaterally, since in the notifications the permitted volume is usually indicated up to a certain amount, but the actual import is smaller. Therefore, if we are to follow the principle of transparency and clarity, both circumstances need be included, as suggested above.