Practice

We represent our client in a dispute with non-governmental organizations on the validity of permits issued under the Water Act

Permits, issued pursuant to Water Act provisions, with holder our long term client, was appealed by non – government organizations, acting in environment field. The main motive of appealing the permits was non respected procedure, in which the Director of Water Basin Management Directorate has not performed the necessary verifications. The validity of the administrative acts was appealed after expiring the term for participation in public discussions and without presenting any abjections in previous stages of the procedure. In the appealing phase of the procedure we successfully defended the lack of legal interest of the NGOs to challenge the administrative acts because of missed opportunities for earlier participation in the procedure.

Practice: Environment and natural resources

We analyzed the necessity for making an environmental evaluation of regulation plans for investment proposals provided with decisions for assessing the need for Environmental impact assessment

Concerning the assigned comprehensive service of investment project, our team consulted ne necessity of performing independent procedure of environmental evaluation of spatial zoning plan for investment proposal, already provided with decision for need of Environmental impact assessment. We successfully implement the legal possibility for admission under decision of the administrative authority for only one of the environmental assessments of complex investment proposals.

Practice: Environment and natural resources

Connection with other practices: Real Estate. Urban Planning and Construction Works

We took part in procedures for the elaboration and approval of the updated Plans for management of river basin and the Plans for management of flood risk for the new period of 2016-2021

We consulted our clients with regard to their participation in procedures for development and approval of updated Management plans for the river basin management and the Plans for management of flood risk for the new period of 2016-2021. We acted as their proxy in the procedures of public discussions organized by the competent authority by presenting the corresponding relevant statements.

Practice: Environment and natural resources

We prepared an amendment of investment projects for construction and operation of energy sites because of a new green best technology in the industry

We took part in a procedure and prepared the necessary documentation on amendment of the investment project for construction and operation of energy sites because of a new green best technology in the industry,as well as related to this amendment procedures on a new assessment of the necessity of assessment of the environmental impact.

Practice: Environment and natural resources

Connection with other practices: Energy and Renewable Energy Sources

Our team examined The Regulation in EU Law for the effective utilization of water resources

With regard to prepared references to the European Court of Justice, we conducted a comprehensive analysis to the regulatory framework under The EU Law, related to the effective utilization of water resources and evaluation of investment projects aseligible and their application and compliance with the Bulgarian legislation and administrative acts.

Practice: Environment and natural resources

Connection with other practices: Energy and Renewable Energy Sources, Litigation

We provided consultations with regard to the actualization of the parameters water usage under The Water act

We consulted our long-standing client with regard to the necessary administrative procedures for amendment of the parameters under permits for water usage, issued under the Water Act for energy production by hydro electric plant. The change was necessary because of a change in the capacity of sites and errors found in the first issue of the act primarily in terms of planned elevations and geographic coordinates as well as the usage of innovative technology for the production of electricity. In the procedures the place for water usage was changed and the nominal energy output of the facilities also.

Practice: Environment and natural resources

Connection with other practices: Energy and Renewable Energy Sources

We analyzed the necessity for conducting new coordination procedures under the Environmental Protection Act and Biological diversity Act with connection to an amendment of the parameters of an investment proposal

With regard to an amendment and actualization of the parameters of already agreed investment proposal we consulted our client about the necessity to inform the competent environmental authorities about the change. As a result of the prepared by us opinions, the competent environmental authorities considered that for a change of the parameters it is not necessary a new assessment procedure of environmental impact to be implemented .

Practice: Environment and natural resources

We provided consultations with regard to the opportunities for changing the holder of permits for water use under the Water Act

With our support the holder of permits for water use under the Water Act was changed. As the law does not allow direct transfer of acquired rights we examined all the legal possibilities for transferring the rights for water usage to different investment companies. The separation of the project was realized through the company transformation under The Commercial Law.

Practice: Environment and natural resources

Connection with other practices: Energy and Renewable Energy Sources, Corporate and Commercial Law

We took part in procedure for approving on Assessment report for the compatibility of the investment project for the Ministry of Environmental and Water. We provide legal representation due to disputes initiated by three NGOs concerning the positive decision of the ministry

We consulted our client in connection with the process for approval of a report on assessment of the compatibility status of the affected protected areas from The National ecological net Natura 2000. The report is conducted by professionals in the sphere and after its detailed examination it was approved by the Ministry of Environmental and Water in 2013 as a positive decision was given and with it the realization of the project was agreed. The Decision of the Minister of Environment and Water was appealed by three non-governmental organizations. We represent our client as interested party in pre-tail processing and at the end of 2013 the decision of the Minister of the Environment and Water was confirmed. Following the decision of the cassation instance the case was referred back for reconsideration by the lower instance.

Practice: Environment and natural resources

Connection with other practices: Energy and Renewable Energy Sources, Litigation

We took part in a procedure for adoption of environmental assessment of The National Action Plan for renewable energy

Lawyers from our team took part in a procedure for public discussions of The National Action Plan concerning hydroelectric energy and its environment assessment. In the procedure for validation of the environmental assessment of the Plan of the Ministry of Environment and Water we presented many statements in the administrative authority concerning the conformity of the reports on the environmental assessment with the predictions of the current legislation and the relevant provisions of EU law, governing the procedures on different assessment in the field of environmental renewable energy projects.

Practice: Environment and natural resources

Connection with other practices: Energy and Renewable Energy Sources, Administrative Procedures and Public Procurement

We revised the procedures for assessment of the necessity of Environmental Impact Assessment (EIA) and assessment of the compatibility

Within the assignment of legal analysis of investment project for construction of three energy facilities, we revised the conformity with the law and validity of the decisions for assessment of the necessity for EIA, as well as the related documentation presented by the assignor. We estimated the validity of the permits for water use under Water Act, as well as the opportunities for transferring the rights to third parties.

Practice: Environment and natural resources

Connection with other practices: Energy and Renewable Energy Sources

The lawyers from „Kinkin and partner“ analyzed the provisions of The Plans for river basin management and their impact on investment projects for the construction and operation of Hydropower plants

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

Our team explored the impact of the amendments of the Water Act on investments projects for the construction and operation of the hydropower plants

With regard to the adopted in 2010 amendments of the Water Act and rearrangements concerning the issue of the necessary administrative permissions for energy utilization of water, we examined the impact of this amendment on investment projects, which at the date of adoption of the amendment have issued permission under the Water Act. We consulted our client with regard to the admission of the restrictions for the realization of projects for construction of hydropower plants according to the predictions of The Community Law and presented the relevant options in the Ministry of environment and Water.

Practice: Environment and natural resources

Connection with other practices: Energy and Renewable Energy Sources

We provided consultations concerning the necessity for realization of the procedure estimating the compatibility of investment proposals, which are provided with Decisions for assessment of environmental impact

With regard to the implementation of the second phase of the project for the construction and exploitation of power plants, we consulted the investor on the need to implement a procedure assessing the compatibility of the investment proposal with the status of protected areas affected by Natura 2000.The realization of the investment proposal is coordinated with the predictions of our environmental legislation before the amendments of the Law on Biodiversity and before the establishment of the Natura 2000 network. We took part and also consulted the procedure for estimating the need for assessment of the compatibility, including the admissibility of construction in Natura 2000 sites. The practice was finalised with a positive decision of the Minister of the Environment and Water with which the realization of the phase part of the investment project was coordinated.

Practice: Environment and natural resources

Connection with other practices: Energy and Renewable Energy Sources

We analyzed a procedure estimating the need for Environmental impact assessment and estimating the compatibility of the investment proposal for construction and operation on five hydropower plants

In connection with the acquisition of a project for construction and realization of five hydroelectric power plants we conducted a comprehensive analysis of the implemented procedures for the issue of Decisions estimating the need for Environmental impact assessment and compatibility assessment for each site. Since the decisions are issued by different authorities (Regional Inspectorate of Environmental and Water and Ministry of Environment and water) we analyzed separately the information, submitted by the assignor in the course of the procedures. Within the verifications the procedures for issuing permits for water use under the Water Act were revised.

Practice: Environment and natural resources

Connection with other practices: Energy and Renewable Energy Sources

We consulted the amendments and extension of permits for water abstraction and use of water object, issued under the Water Act

We provided consultations and prepared the necessary documents for initiation and implementation of a procedure for amendment and extension of the term of permits for abstraction and permits for use of water object, issued under the Water Act, related to the amendment of the legislation providing greater maximum time duration of permits and changes in the investment project of the investor.

Practice: Environment and natural resources

Connection with other practices: Energy and Renewable Energy Sources

We analyzed the opportunities for realization of investment project within the protected areas in Bulgaria as well as the opportunities for change within the protected areas

Our team analyzed the opportunities for construction and realization of RES projects within the protected areas based on Protected areas Act. The provisions of the Plans for management of natural parks were investigated and we took part in adoption of The Management Plan for Vrtasa Balkan Natural Park. All the oportunities for exclusion from the boundaries of the protected areas of land, which have practically lost their status as object of protection were examined in details. We provided consultations concerning the possibilities for inclusion of new areas within the protective areas.

Practice: Environment and natural resources

Connection with other practices: Energy and Renewable Energy Sources

We assist in the implementation of the conditions based on Decision on assessment of environmental impact concerning the coordination of a large investment project in the energy sector

We consulted our client in the implementation of the conditions based on Decision for assessing the environmental impact of the Minister of environment and water, which is consistent with a large investment project in the field of electricity production from renewable energy sources. Since this is a long-term project and is divided into three phases but the conclusion of the Assessment of the environmental impact provides annual monitoring on affected areas and monitoring under the impact on different phases,our work involved close contact with experts – ecologists, constant monitoring and analysis of the internal Community regulatory framework. We verified successfully the operation of the Decision of assessing the environment impact after the expiry of the proper period, as a permanent practice in Ministry of environment and water was created for projects, divided into stages of realization, regarding the terminology „realization of the investment proposal“.

Practice: Environment and natural resources

Connection with other practices: Energy and Renewable Energy Sources