Bulgaria
Cluster Munition Ban Policy
Five-Year Review: State Party Bulgaria ratified the convention on 6 April 2011. It reported in April 2015 that it is preparing implementing legislation for the convention. Bulgaria has participated in nearly all of the convention’s meetings and has condemned the use of cluster munitions in Syria.
In its initial transparency report for the convention provided in 2012, Bulgaria confirmed it has never used or produced cluster munitions and stockpiles 6,909 cluster munitions and 173,161 submunitions, which represents an increase from previous year’s declarations due to the discovery of new stocks. Bulgaria is preparing a stockpile destruction plan to fulfil its stockpile destruction obligation by the April 2019 deadline. Bulgaria is not retaining any cluster munitions for research and training.
Policy
The Republic of Bulgaria signed the Convention on Cluster Munitions on 3 December 2008, ratified on 6 April 2011, and the convention entered into force for the country on 1 October 2011.
In April 2015, Bulgaria reported that it is drafting national implementing legislation for the convention after finding “gaps” in existing legislation, which it has described as “insufficient to accommodate the provisions” of the convention.[1] Bulgaria previously reported that specific legislation might not be needed.[2]
An interim National Authority was established on 31 January 2012 to coordinate compliance and implementation of Bulgaria’s obligations under the Convention on Cluster Munitions, including the preparation of a stockpile destruction plan.[3]
Bulgaria submitted its initial Article 7 transparency report for the Convention on Cluster Munitions on 27 March 2012 and has provided annual updated reports ever since, most recently on 14 April 2015.[4]
Bulgaria played a notable role in the Oslo Process that created the Convention on Cluster Munitions, including hosting a regional conference in Sofia in September 2008. It was among a handful of states to announce a unilateral moratorium on the use of cluster munitions prior to the creation of the convention.[5]
Bulgaria has participated in all of the convention’s annual Meetings of States Parties, except the Fifth Meeting of States Parties in San José, Costa Rica in September 2014. It has attended all the convention’s intersessional meetings held in Geneva, including in June 2015.
Bulgaria has condemned the use of cluster munitions in Syria on several occasions since 2013. At the UN General Assembly (UNGA) First Committee on Disarmament and International Security in October 2014, Bulgaria stated, “we strongly condemn the alleged use of cluster munitions against civilians and we call upon all parties to refrain from such use.”[6] Bulgaria has voted in favor of UNGA resolutions condemning the use of cluster munitions in Syria, including Resolution 69/189 on 18 December 2014, which expressed “outrage” at the continued use.[7]
Bulgaria is a State Party to the Mine Ban Treaty. It is also party to the Convention on Conventional Weapons.
Interpretive issues
In 2009, Bulgaria elaborated its views on a number of important issues related to the interpretation and implementation of the convention. Bulgaria interprets Article 1 of the convention to mean that “transit” of cluster munitions across the territory of States Parties is prohibited, as is the stockpiling of foreign-owned cluster munitions. Bulgaria has noted that while a ban on investment in cluster munition production is not explicit in the convention text, it would need to be “considered in light of the general prohibition on the development and production of cluster munitions.”[8]
With respect to “interoperability” and the prohibition on assistance during joint military operations with states not party, Bulgaria has stated that it “will fully observe the regulations of Article 21 of the Convention…Par. 4 of Article 21 stipulates that participation in such military operations ‘shall not authorize a State Party’ to engage in acts prohibited under the terms of the Convention and contains an exhaustive list of such acts.”[9]
Use, production, and transfer
In 2009, a Ministry of Foreign Affairs representative said that “cluster munitions have never been used by the Bulgarian Armed Forces.”[10]
Bulgaria has declared that there “are no programmes for the conversion or decommissioning of production facilities for cluster munitions in the Republic of Bulgaria.”[11] In 2008, a Ministry of Foreign Affairs official stated that “Bulgaria does not and has not produced any type of cluster munitions.”[12]
Stockpiling and destruction
As of April 2015, Bulgaria had reported a stockpile of 6,909 cluster munitions and 173,161 submunitions of Soviet Union origin, including:
- BKF cartridges containing PTAB-2.5 and AO-2.5RT submunitions used in KMG-U dispensers;
- RBK-250 and RBK-500 air-dropped bombs containing AO-1SCh, PTAB-2.5M, AO-2.5RT, and ShAOB-0.5 submunitions; and
- 9N123K warheads for OTR-21 Tochka (NATO designation SS-21 Scarab) short-range tactical ballistic missiles.
Cluster munitions stockpiled by Bulgaria (April 2015)[13]
|
Type of munitions |
Quantity |
Type of submunitions |
Quantity (difference from information declared in 2013) |
|
RBK-250-275 bombs |
238 |
AO-1SCh |
35,700 |
|
RBK-250-275 bombs |
1 |
AO-2.5SCh |
150 (no total available previously) |
|
RBK-250 bombs |
60 |
ZAB-2.5SM |
2,880 |
|
RBK-250 bombs |
488 |
PTAB-2.5M |
20,496 (42 fewer than declared in 2013) |
|
RBK-250 bombs |
2 |
|
0 |
|
RBK-500 bombs |
201 |
AO-2.5RT |
12,060 |
|
RBK-500 bombs |
86 |
ZAB-2.5SM |
10,062 (5,337 more than declared in 2013) |
|
|
0 |
ZAB-2.5SM individual submunitions |
2,939 |
|
RBK-500 bombs |
36 |
ShOAB-0.5M |
20,340 |
|
RBK-500 bombs |
3 |
ShOAB-0.5 |
1,695 |
|
RBK-500-255 bombs |
2 |
|
0 |
|
BKF cartridges |
3,086 |
AO-2.5RT |
37,032 (5,676 more than declared in 2013) |
|
BKF cartridges |
740 |
PTM-3 |
5,920 |
|
BKF cartridges |
1,957 |
PTAB-2.5 |
23,484 (4,376 more than declared in 2013) |
|
PBS-100 bomb[14] |
1 |
AO-25-33 |
3 (type not previously named in 2013) |
|
9N123K warheads |
8 |
9N24 |
400 |
|
Total |
6,909 |
Total |
173,161 |
Bulgaria initially declared a stockpile of 6,874 cluster munitions and 149,398 submunitions.[15] This number increased to 6,909 cluster munitions and 157,664 submunitions after the discovery of additional stocks in March 2013.[16] In April 2014, Bulgaria declared a stockpile of 6,909 cluster munitions of the same types plus an additional 15,497 submunitions, making a total of 173,161 submunitions.[17] In May 2014, the Ministry of Foreign Affairs informed the Monitor that the reason for the difference with the previously recorded information was a “new method adopted by the Bulgarian Armed Forces for theoretical calculation of the submunitions.”[18]
In 2014, Bulgaria confirmed that all stockpiled cluster munitions “have been decommissioned and separated from the munitions that are retained for operational use” and confirmed that “the entire Bulgarian stock of cluster munitions is marked for destruction.”[19]
Stockpile destruction
Under Article 3 of the Convention on Cluster Munitions, Bulgaria is required to destroy all its stockpiled cluster munitions as soon as possible, but not later than 1 October 2019.
Bulgaria has committed to destroy its stockpile “well in advance” of the deadline provided by the Convention on Cluster Munitions. In April 2014, Bulgaria affirmed its determination to meet the deadline.[20]
Bulgaria had hoped to initiate the stockpile destruction process in 2011.[21] Since 2012, Bulgaria engaged in an extensive process to prepare its stockpile destruction plan and budget.[22] In April 2015, Bulgaria reported that the stockpile destruction plan was in its final stage of preparation.[23] Bulgaria has declared on a number of occasions that it is not retaining any cluster munitions for training or research purposes.[24]
In its initial Article 7 report, Bulgaria outlined Slovenia’s transfer of its stockpile of 1,080 cluster munitions to Bulgaria for the purposes of destruction.[25]
Bulgaria has reported that it is not retaining any cluster munitions for research or training.[26]
[1] A specific act will incorporate the provisions of the Convention on Cluster Munitions into Bulgarian national legislation and also cover the provisions of the 1997 Mine Ban Treaty. Convention on Cluster Munitions Article 7 Report, Form A, 14 April 2015.
[2] In April 2012, Bulgaria reported that penal sanctions to deter activities prohibited by the convention would be implemented through amendments to the penal code. Convention on Cluster Munitions Article 7 Report, Form A, 27 March 2012. After reviewing its existing laws, Bulgaria declared in 2013 that “no special national legislation on the implementation of the Convention on Cluster Munitions will be considered for adoption.” Convention on Cluster Munitions Article 7 Report, Form A, 30 April 2013. In May 2014, the Ministry of Foreign Affairs stated that existing legislation “is considered sufficient to accommodate the provisions” of the ban convention” but added, “Bulgarian authorities are exploring additional options to improve the national legislative provisions in this field.” Letter from Vassil Petkov, Acting Director, UN and Cooperation Development Directorate, Ministry of Foreign Affairs, to Mary Wareham, Human Rights Watch (HRW), 13 May 2014.
[3] The inter-ministerial working group is chaired by the Ministry of Foreign Affairs and includes representatives of the Ministry of Defense, Ministry of Interior, and Ministry of Economy, Energy and Tourism.
[4] The period for the initial Article 7 report provided on 27 March 2012 was not specified, while annual periods are covered by the reports provided on 30 April 2013 (for calendar year 2012), 8 April 2014 (for calendar year 2013), and 14 April 2015 (for calendar year 2014).
[5] For details on Bulgaria’s cluster munition policy and practice through early 2009, see Human Rights Watch and Landmine Action, Banning Cluster Munitions: Government Policy and Practice (Ottawa: Mines Action Canada, May 2009), pp. 46–48.
[6] Statement of Bulgaria, UNGA First Committee on Disarmament and International Security, New York, 23 October 2014.
[7] “Situation of human rights in the Syrian Arab Republic,” UNGA Resolution A/RES/69/189, 18 December 2014. Bulgaria voted in favor of similar resolutions on 15 May and 18 December 2013.
[8] Letter from Dr. Petio Petev, Ministry of Foreign Affairs, 25 February 2009. According to the letter, “The prohibitions stipulated in Article 1 of the Convention create an obligation for the States Parties not to allow the transit, transfer or stockpiling on their territories of cluster munitions…regardless of whether these munitions are foreign or nationally owned.”
[9] Ibid.
[10] Letter from Dr. Petio Petev, Ministry of Foreign Affairs, 25 February 2009.
[11] Convention on Cluster Munitions Article 7 Report, Form E, 27 March 2012.
[12] Email from Lachezara Stoeva, Chief Expert, Arms Control and International Security Department, NATO and International Security Directorate, Ministry of Foreign Affairs, 17 May 2008. According to Jane’s Information Group, the Vazov Engineering Plant was associated with the production of 122mm Grad rockets, which included a variant that contains 15 dual-purpose improved conventional munitions (DPICM) submunitions. See Terry J. Gander and Charles Q. Cutshaw, eds., Jane’s Ammunition Handbook 2001–2002 (Surrey, UK: Jane’s Information Group Limited, 2001), p. 625.
[13] Convention on Cluster Munitions Article 7 Report, Form B, 14 April 2015; and letter from Vassil Petkov, Ministry of Foreign Affairs, to Mary Wareham, HRW, 13 May 2014. The BFK blocks containing PTM-3 antivehicle mines, the RBK bombs containing ZAB series incendiary submunitions, and the PBS-100 munition do not appear to be covered by the Convention on Cluster Munitions as the first contains antivehicle mines, the second contains incendiary submunitions, and the third contains three submunitions that each weigh more than 20 kilograms.
[14] The “PBS-100” is a previously unknown type of cluster munition that contains three submunitions weighing 27 kilograms.
[15] Convention on Cluster Munitions Article 7 Report, Form B, 27 March 2012.
[16] The additional stockpiled cluster munitions were identified in March 2013 by a private company, EMCO Ltd. and scheduled for destruction: 25 RBK-250-275 cluster bombs containing AO-1SCh submunitions and 10 RBK-250 cluster bombs containing PTAB-2.5M submunitions. Email from Dragomir Zakov, Permanent Mission of Bulgaria to the UN in Geneva, 22 May 2013; and Convention on Cluster Munitions Article 7 Report, Form J, 27 March 2012.
[17] In its April 2014 Article 7 transparency report Bulgaria reported possessing: 150 AO-1SCh submunitions (previously no information available); 42 fewer PTAB-2.5M submunitions; 5,337 additional ZAB-2.5SM; 5,676 additional AO-2.5RT; and 4,376 additional PTAB-2.5 submunitions.
[18] Letter from Vassil Petkov, Ministry of Foreign Affairs, to Mary Wareham, HRW, 13 May 2014.
[19] Statement of Bulgaria, Convention on Cluster Munitions Intersessional Meetings, Geneva, 8 April 2014. In April 2012, it made a similar statement to the Monitor that “All cluster munitions have been decommissioned, separated from munitions retained for operational use and marked for the purpose of destruction.” Letter from Plamen Bonchev, Ministry of Foreign Affairs, Ref: 55-76g-47, to Mary Wareham, HRW, 23 April 2012.
[20] Statement of Bulgaria, Convention on Cluster Munitions Intersessional Meetings, Geneva, 8 April 2014. Bulgaria reiterated this commitment in a May 2014 letter to the Monitor. Letter from Vassil Petkov, Ministry of Foreign Affairs, to Mary Wareham, HRW, 13 May 2014.
[21] In April 2011, Bulgaria stated that stockpile destruction was scheduled to begin in 2011, with the aim of completing the destruction of the majority of its stockpile by 2013. It said that the eight cluster submunitions held by the land forces would be destroyed in 2016, when their shelf-life expires. Letter from Plamen Bonchev, Ministry of Foreign Affairs, Sofia, Ref. 04-06-98, 11 April 2011. A year later an official informed the Monitor that the stockpile destruction did not prove possible due to “austerity in the State budget in 2011.” Letter from Plamen Bonchev, Ministry of Foreign Affairs, Ref: 55-76g-47, to Mary Wareham, HRW, 23 April 2012.
[22] In April 2012, Bulgaria said that it was developing a plan for the destruction of stocks including a timeline and budget. In April 2013, Bulgaria announced that it was in “the final stages” of preparing the stockpile destruction plan. In May 2013, a Bulgarian official informed the Monitor that the draft stockpile destruction plan “has been elaborated” and the plan’s “financial parameters…await further clarification.” In April 2014, Bulgaria stated that the national plan was “close to being finalized” and said that physical destruction would begin after adoption of the plan. In May 2014, Bulgaria informed the Monitor that the plan is “undergoing an interagency review” and promised more information after its adoption. See letter from Plamen Bonchev, Ministry of Foreign Affairs, Ref: 55-76g-47 to Mary Wareham, HRW, 23 April 2012; statement of Bulgaria, Convention on Cluster Munitions Intersessional Meetings, Geneva, 17 April 2013. Notes by the CMC; email from Dragomir Zakov, Permanent Mission of Bulgaria to the UN in Geneva, 22 May 2013; statement of Bulgaria, Convention on Cluster Munitions Intersessional Meetings, Geneva, 8 April 2014; and letter from Vassil Petkov, Ministry of Foreign Affairs, to Mary Wareham, HRW, 13 May 2014.
[23] Convention on Cluster Munitions Article 7 Report, Form A, 14 April 2015.
[24] Ibid.; and Convention on Cluster Munitions Article 7 Report, Form C, 30 April 2013. The initial Article 7 report lists “N/A” or not applicable on Form C for cluster munitions retained, while the April 2013 report left Form C blank. In April and May 2014, Bulgaria reiterated its intention not to retain cluster munitions or explosive submunitions for training purposes. Statement of Bulgaria, Convention on Cluster Munitions Intersessional Meetings, Geneva, 8 April 2014; and letter from Vassil Petkov, Ministry of Foreign Affairs, to Mary Wareham, HRW, 13 May 2014.
[25] Convention on Cluster Munitions Article 7 Report, Form C, 27 March 2012.
[26] Ibid.