European Commission takes Bulgaria to European Court of Justice over urban waste water

The European Commission said on November 14 that it has decided to refer Bulgaria to the EU Court of Justice (ECJ) over its failure to fully comply with the collection and treatment obligations set in the urban waste water treatment directive (Directive 91/271/EEC).

The Commission said that in 10 agglomerations of more than 10 000 people, Bulgaria failed to fulfil the directive’s requirements concerning collecting systems.

In 20 such agglomerations, the urban waste water entering collecting systems was not treated appropriately and in 30 agglomerations, Bulgaria was failing to provide a more stringent treatment before discharging waste water into sensitive areas.

The infringement case dates back to 2017, when the Commission sent a letter of formal notice, which was followed by a reasoned opinion in 2020. The deadline for implementing the urban waste water treatment directive was December 31, 2010.

The EC said that Bulgaria’s efforts to address the concerns it raised have been insufficient to date, which is why it was referring Bulgaria to the ECJ, the final stage in the EU infringement process, which is meant to ensure member states’ compliance with EU law.

This is the fifth case involving Bulgaria that the EC referred to the ECJ this year, following seven other cases referred to the court in 2023.

As part of its November infringements package, the Commission said that it opened a new case against Bulgaria by sending a letter of formal notice, the first stage in the infringement process, for failing to submit its final updated National Energy and Climate Plans, which was due at the end of June.

The EC said that Bulgaria has two months to respond to the letter of formal notice, otherwise the EC may choose to escalate the cases by sending reasoned opinions, the second stage in the infringement process.

Additionally, the Commission sent a reasoned opinion in an existing case, dealing with Bulgaria’s failure to notify the full implementation of its the amended motor insurance directive (Directive EU 2021/2118 amending Directive 2009/103/EC) into national law.

Should Bulgaria fail to address the Commission’s concerns laid out in the reasoned opinion in the next two months, the EC can choose to refer the case to the ECJ.

(Entrance to the Berlaymont building, headquarters of the European Commission. Photo: EU Audiovisual Service)

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