REGARDING THE DRAFT LAW AMENDING AND SUPPLEMENTING THE WASTE MANAGEMENT ACT

In response to the public consultation on the Draft Law Amending and Supplementing the Waste Management Act (WMA), the Bulgarian Industrial Association (BIA) submits the following key points and recommendations:

1. General Support
   BIA supports the overarching goals of the proposed amendments, particularly the differentiation of regulatory regimes for waste-related activities and the introduction of measures to prevent unauthorized waste operations.
2. Construction Waste Management
   BIA recommends a clear distinction between the terms "construction" and "construction and assembly works" to properly define the obligations of relevant stakeholders. The Association supports the mandatory use of recycled materials and products prepared for reuse in publicly funded construction projects, in accordance with the applicable regulation.
3. Terminological Clarifications
   BIA proposes rephrasing the wording in Article 14, paragraph 10, item 1 to reflect more accurately the nature of waste treatment outcomes, suggesting the use of the term "secondary raw materials." Additionally, it recommends removing the undefined term "final recovery operation" from Article 18 to avoid misinterpretations.
4. Rejection of Undefined or Redundant Provisions
   BIA supports the position of ARI against the proposed creation of Article 14, paragraph 11, and recommends the removal of references to "deposit fees" due to the absence of a definition and regulatory framework.
5. Extended Producer Responsibility (EPR) for Textiles
   BIA fully supports the introduction of EPR for textiles as required under recent amendments to the EU Waste Framework Directive. The timely adoption of corresponding secondary legislation is emphasized as essential for meeting the 1 January 2025 deadline for separate collection of textile waste.
6. Recordkeeping Obligations
   BIA recommends a more precise definition in Article 44, paragraph 1 to ensure that the requirement to maintain records in the National Waste Information System (NWIS) applies only to entities involved with industrial and/or hazardous waste, excluding households and irrelevant operators.
7. Sanctioning Mechanism for Producer Responsibility Organizations (PROs)
   BIA endorses BORA’s proposal to amend the sanctioning mechanism, allowing for up to 5% deviation from targets with financial penalties limited to the value of the unpaid product fees corresponding to the shortfall.

Conclusion
The Bulgarian Industrial Association (BIA) supports the adoption of the proposed amendments to the WMA, with the above recommendations aimed at ensuring clarity, legal certainty, and alignment with European Union directives and best practices.