The European Commission has sent warning letters to Bulgaria in two separate cases over its failure to properly implement EC environmental laws, the Commission press center reported on Thursday.
The first case concerns the waste framework directive, and Bulgaria's failure to establish an adequate household waste management system in Sofia. In the second case Bulgaria is being sent a first written warning about environmental impact assessments required under the wild birds directive.
European Environment Commissioner Stavros Dimas is quoted as saying: "Bulgaria's citizens have the right to clean urban spaces and the authorities must ensure that a suitable waste management solution for Sofia is found promptly. Bulgaria must do everything in its power to protect its natural habitats, birds, fauna and flora. The country's bountiful biodiversity is something to be proud of, and it cannot be overlooked or put at risk".
The warning to Bulgaria over the waste management processes is a final one.
The EC waste framework directive requires Member States to promote waste prevention, recycling and processing for re-use and prohibit the abandonment, dumping or uncontrolled disposal of waste.
In October 2007, the Commission sent Bulgaria a first written warning about insufficient measures to establish an integrated network of household waste management installations in Sofia.
Following a thorough assessment of the Bulgarian authorities' reply, the Commission still considers the situation to be unsatisfactory, and has decided to issue a final written warning, the press release states.
The Commission analysis concludes that, as there is no clear deadline for the contracting of the new integrated system, it remains unclear how the Bulgarian government will sustainably manage all waste generated in the Sofia Municipality.
In the second case, the Commission is sending Bulgaria a first written warning for failing to properly apply the directive on wild birds
Earlier this year, the Commission received a complaint that ongoing construction projects in the important bird area of Kaliakra - located in the north-east of the country - are leading to the deterioration of a number of bird species habitats and disturbance of bird species protected by the EC law.
Information made available to the Commission revealed several projects for the construction of large wind turbine development may have been authorised without taking their environmental impact into account. The Commission is also concerned that other sports, tourism and road infrastructure construction projects may have cumulative impacts on the environment which have not been properly assessed.
On November 23, the Bulgarian Environmental Minister Dzhevdet Chakurov did issue a ban on construction activities in the area of the Black Sea cape Kaliakra, as reported by the Ministry's press-center.
The ban has been issued due to the existence of numerous plans, projects and investment proposals involving construction on lands located in the Kaliakra area, which could have very negative effects on the species and the nature, the Ministry announced.
Article 226 of the Treaty gives the Commission powers to take legal action against a Member State that is not respecting its obligations.
After the EC sends the first warning, in the light of the reply or absence of a reply from the Member State concerned, the Commission may decide to address a "Reasoned Opinion" (final written warning) to the Member State. This clearly and definitively sets out the reasons why it considers there to have been an infringement of EU law, and calls upon the Member State to comply within a specified period, usually two months.
If the Member State fails to comply with the Reasoned Opinion, the Commission may decide to bring the case before the Court of Justice. Where the Court of Justice finds that the Treaty has been infringed, the offending Member State is required to take the measures necessary to conform.
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