News

14 December 2022

The Ombudsman Diana Kovacheva communicated to Ar. Ivan Shiskov, Minister of Regional Development, her negative opinion about the new bill on Water and Sewage (W&S) open for public discussion.

“The bill does not protect the rights and interests of W&S services consumers. Thus, it is necessary to reconsider it”, prof. Kovacheva states.

The Ombudsman is positive that the bill reasserts the dominant position of the State governance in the W&S sector whereby a distinct territory coinciding with the regional administrative unit shall have one association, one W&S operator and a uniform price for W&S services.

Prof. Kovacheva warned that the new bill failed to protect consumers’ rights and interests.

“According to the Strategy for the Development and Management of the Water and Sewage System in the Republic of Bulgaria 2014-2023, the quality-for-money objective shall be deemed attained when the Bulgarian W&S companies achieve indicators for efficiency and quality of services that are comparable to the good European practices and this leads to public satisfaction with the services and their prices. It is not clear from the bill how the price of the water will be made conditional on the performance according to the quality indicators. The new Commission will approve only the prices of W&S services, business programmes and supervision of quality will be left outside its competence”, the public defender states.

Diana Kovacheva brings special attention to the fact that the Ministry of Regional Development and Public Works will oversee compliance with the water quality indicators, though it remains unclear why these indicators have been reduced from 15 to three – total loss of water in the water supply systems and time limits for reducing it; exploitation efficiency indicators; and financial efficiency indicators.

The Ombudsman reiterates in her opinion that she is against repealing essential indicators such as quality of drinkable water; scope of W&S services; continuity of water supply; water supply system failures and sewage system failures.

“The way the social affordability of W&S prices is to be determined has not been revised. Thus, unreliable data according to the National Statistical Institute will once again determine the water price threshold”, the public defender points out.

Furthermore, Prof. Kovacheva is at a loss why the bill provides no definition of “vulnerable consumers” and provides for no amendments of the Social Assistance Act.

I would like to recall that in the end of 2019 the National Assembly asked the Minister of Regional Development and Public Works to elaborate by 15 May 2020 and present for public discussion a new bill on W&S that would ensure long-term solutions to the problems in the sector, including socially affordable process of the W&S services and new W&S benefits. The bill presented for public discussion on 26 October 2020 did not provide for W&S benefits, and neither does the current one”, the Ombudsman underscored.

She insists that a mechanism to support water deficient people be discussed and endorsed, all the more so as the access to drinkable water is an element of the right to adequate standard of living as recognised by the UN General Assembly.

“I would like to recall that the World Health Organisation recommends determining a minimum quantity per person for meeting the basic water needs of the population”, Diana Kovacheva underlined.

She draws attention to the fact overseeing the implementation of the W&S operators’ business programmes is to be carried out by the W&S operators themselves and no independent authority has been envisaged.

“Furthermore, the uniform price of W&S services in a designated area has been preserved, regardless of the way the services are provided, which renders the price economically unjustified given the costs for its delivery”, the Ombudsman underscored.

I communicated to the Minister of Regional Development a negative opinion on the new W&S bill as it runs contrary to the interests of the people; I insisted that the new bill be reconsidered.

I am positive that the bill reasserts the dominant position of the State governance in the W&S sector whereby a distinct territory coinciding with the regional administrative unit shall have one association, one W&S operator and a uniform price for W&S services.

I reiterated that it remains unclear from the bill how the price of the water will be made conditional on the performance according to the quality indicators. The new Commission will approve only the prices of W&S services, while business programmes and supervision of quality will be left outside its competence.

I brought special attention to the fact that the Ministry of Regional Development and Public Works will oversee compliance with the water quality indicators, though it remains unclear why these indicators have been reduced from 15 to three – total loss of water in the water supply systems and time limits for reducing it; exploitation efficiency indicators; and financial efficiency indicators.

I underscored in the opinion that I am against repealing essential indicators such as quality of drinkable water; scope of W&S services; continuity of water supply; water supply system failures and sewage system failures.

The way the social affordability of W&S prices is to be determined has not been revised. Thus, unreliable data according to the National Statistical Institute will once again determine the water price threshold.

Furthermore, I am at a loss why the bill provides no definition of “vulnerable consumers” and provides for no amendments of the Social Assistance Act.

I insisted that a mechanism to support water deficient people be discussed and endorsed, all the more so as the access to drinkable water is an element of the right to adequate standard of living as recognised by the UN General Assembly.

I drew attention to the fact that overseeing the implementation of the W&S operators’ business programmes is to be carried out by the W&S operators themselves and no independent authority has been envisaged.