Europese Commissie geeft Bulgarije eerste waarschuwing over handhaving milieuregels (en)

The European Commission is sending Bulgaria a first written warning in two separate cases over its failure to properly transpose EU environmental laws into its national legislation. The first case concerns the directive on the conservation of natural habitats and wild fauna and flora and the second the directive on the conservation of wild birds. These two directives form the core of EU policy on nature and biodiversity.

Environment Commissioner Stavros Dimas said: "The rich and bountiful biodiversity found in Bulgaria must not be put at risk. Bulgaria has to swiftly and fully transpose the European nature protection directives into national law, so that its flora and fauna remains protected''

Insufficient measures to ensure protection of wildlife, birds, flora and fauna

The Commission will be sending a first written warning to Bulgaria in two separate cases on the transposition of EU nature laws into national legislation.

In the first case Bulgaria will receive a letter of warning from the European Commission for failing to properly transpose the EU directive on the conservation of natural habitats and wild flora and fauna [1]. The directive requires Member States to designate protected sites as part of the Natura 2000 network, the EU network of protected areas.

Under the agreement on its accession to the European Union Bulgaria was obliged to transpose fully the Habitats Directive into national law by 1 January 2007. However, the national legislation does not correctly reflect European legislation such as the definition of sites, habitats and species. In addition, the Commission notes the lack to provide for procedures which can be used to adequately assess potential impact and compensation measures in case of development projects on the sites of the NATURA 2000 network. After scrutiny of the information sent by Bulgaria on the transposition of the directive the Commission concluded that Bulgaria had failed to comply with a number of provisions of the Habitats Directive.

The Commission will also send a first written warning to Bulgaria for failure to transpose correctly the directive on the conservation of wild birds, [2] particularly the requirement on information and research for key conservation issues. Upon accession to the European Union on 1 January 2007 Bulgaria was obliged to transpose fully the Wild Birds Directive. Based on the information provided by Bulgaria, the Commission concluded that it had failed to transpose the EU's oldest piece of nature conservation legislation into national law.

Legal Process

Article 226 of the Treaty gives the Commission powers to take legal action against a Member State that is not respecting its obligations.

If the Commission considers that there may be an infringement of EU law that warrants the opening of an infringement procedure, it addresses a "Letter of Formal Notice" (first written warning) to the Member State concerned, requesting it to submit its observations by a specified date, usually two months.

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.

[1] Directive 92/43/EEC on the conservation of natural habitats and the wild fauna and flora

[2] Directive 79/409/EEC on the conservation of wild bird