With regard to the fulfillment of the obligation of the Republic of Bulgaria stipulated in The Water Framework Directive and Water Act, Ministry of Environment and Water approved the first plans for river basin management (RBMP) and they were notified to the European Commission on Environment. Since River basin management plan regulatory period 2010-2015, foresee the various restrictions and prohibition for activities in certain water objects, part of the corresponding river basin, we examined and analyzed their assumptions and their impact on investment projects for construction and operation of hydropower plant with acquired to the date of approval rights for the realization of the projects. We analyzed the compatibility of the stipulated in The River Basin Management Plans prohibitions for construction of hydropower plants with already acquired rights with provisions of Community law in the field of managing the water and assessment of investment projects for compatibility with environment. We analyzed the possibilities for amending approved RBMP. Due to incompetabilities leading to a direct prohibition for the construction of hydropower plants on the Maritsa River, regardless of acquired rights of water use we initiated legal procedures challenging the RBMP for The Maritsa River. Following the procedures the Minister’s of environment and water decision for approval of RBMP on River Martisa was abolished in the part in which RBMP prohibits the construction of Small hydro plants. The decision of the Supreme Court came into force in December 2013.
Practice: Environment and natural resources
Connection with other practices: Energy and Renewable Energy Sources, Administrative Process, Labour Disputes, Intellectual Property Rights
