BGWEA Statement on the Environmental Assessment Report of an INPEC project – update 2024
On June 8, 2026, the Bulgarian Wind Energy Association (BWEA) submitted a collective position paper on behalf of its members regarding the Strategic Environmental Assessment (SEA) Report for the draft Integrated National Energy and Climate Plan of the Republic of Bulgaria – 2024 Update (MOEW Consultation Link).
Based on the detailed arguments presented, the Bulgarian Wind Energy Association considers that the SEA Report and the Appropriate Assessment (AA) Report for the NECP – 2024 Update suffer from significant legal violations, methodological defects, and internal contradictions incompatible with the requirements of national and EU legislation, which individually and collectively compromise the validity of the conclusions and the legal soundness of the recommended measures. Therefore, we insist that:
- The SEA and AA procedures not be concluded on the basis of the SEA and AA Reports as currently presented. The established violations affect the substantive content, not merely the format of the documents, rendering the conclusions unlawful.
- The SEA and AA Reports be returned for substantial revision with specific instructions to rectify each of the established violations, including:
- (a) drafting realistic alternatives within the meaning of Directive 2001/42/EC;
- (b) a quantitative cumulative assessment based on actually realized capacity rather than merely capacities in procedure;
- (c) analysis for specific protected areas and conservation objectives; and
- (d) technological differentiation of the proposed measures.
- The internal logical contradiction in the AA Report—the simultaneous finding of “insignificant impact” in Item 9 and the recommendation of geographical prohibitions and extensive buffer zones in Item 6—be eliminated. Either the impact is insignificant, in which case extreme measures are unnecessary, or extreme measures are necessary, in which case the “insignificant” classification is incorrect. In either case, the Report is internally inconsistent.
- The unjustified reliance on obsolete documents with expired legal effect—specifically NAPRES 2012–2020—be addressed.
- The measures outlined under Item 6.2 be fully revised and revoked.
- Transboundary consultations under Article 7 of Directive 2001/42/EC be conducted with Romania, Greece, and Serbia, given the risk identified in the AA Report to migratory bird species with transboundary populations.
- The Non-Technical Summary (Annex No. 7 to the SEA Report) be published as an independently accessible document. Currently, it is missing from the consultation documentation, which violates Article 20(1)(1) of the SEA Ordinance and renders public participation practically impossible.
- It be explicitly provided that measures and restrictions resulting from the AA Report for the NECP 2024 do not apply to investment proposals and projects that, as of the date of adoption of the final SEA Statement, have existing decisions on EIA, AA, or other individual administrative acts issued under the Environmental Protection Act (EPA) and the Biodiversity Act (BDA).
Only by fulfilling these conditions can the necessary degree of legal justification and scientific reliability required for a strategic document of such national and European importance as the NECP be guaranteed.
The detailed legal and scientific justification of the identified flaws is structured into four sections:
- Section I: Violations in the Strategic Environmental Assessment (SEA) Report;
- Section II: Violations in the Non-Technical Summary (NTS);
- Section III: Violations in the Appropriate Assessment (AA) Report; and
- Section IV: Violations identified from the analysis of the annexes to the SEA Report, detailed in full in the position paper below:
