Environment: Bulgaria receives four separate warnings for violating the law on nature conservation

The European Commission is sending Bulgaria four letters warnings relating to four separate cases of failure to ensure adequate protection of natural heritage. Three of the warnings relate to protected areas, and the fourth concerns the legislation. The areas include the Pirin Mountains, where a large built ski center; Municipality Tsarevo in the southern part of the country where a large protected area near the Black Sea is under threat, and construction activities around the river Vaya in the protected area of Irakli-Emine close the Black Sea. The fourth warning is related to the lack of full compliance with European requirements of Bulgarian legislation on nature protection.

European Environment Commissioner Stavros Dimas said: "Although it occupies only 2.5% of the total EU, Bulgaria is found in approximately 70% of protected bird species in Europe, and around 40% of Europe's protected habitat. This exceptional natural diversity should be protected as legal protection is the only sure way to protect the future economic and social prosperity. Expect Bulgaria to harmonize its legislation with EU requirements, and above all to ensure its proper implementation in practice in real cases. "

Four written warnings relating to weaknesses in the legislation

The Commission received several complaints relating to the current tourist and ski construction in the ski center of Bansko, which is located in protected areas of the Pirin Mountains, known for its remarkable flora and fauna. Some of these works have been authorized by national authorities before making any proper assessment of their impact and cumulative effects on protected species and habitats. Similar complaints were received about the lack of evaluation of the impact on protected areas, which are part of the urbanization plan of Tsarevo municipality in southeastern Bulgaria - another important area for tourism, where habitats and species in the coastal zone are at high risk.

The third warning affects more fundamental question of Bulgarian environmental legislation, which still is not fully consistent with the Habitats Directive - a key instrument of EU legislation to protect flora and fauna. Under the directive Member States are required to evaluate the impact of all plans and projects that can have a significant impact on protected areas, regardless of their location. The practical consequences of poor implementation of the Directive became apparent after the destruction of important habitats due to construction along the river Vaya protected area in Irakli-Emine, who is the subject of the fourth letter from the European Commission. In connection with each of these cases, the Commission is of the Bulgarian authorities sent a first written warning to be taken on these issues. Now the Bulgarian authorities have two months to respond.

Special Protection Areas and Special Protection Areas

Europe's nature is protected by two key pieces of legislation - the Birds Directive and Habitats Directive. Under the Wild Birds Directive, Member States shall designate suitable sites as Special Protection Areas (SPAs) to conserve wild birds. The designation of SPAs must be based on objective, verifiable scientific criteria.

Under the Habitats Directive, Member States shall draw up a list of sites of Community Importance (TZO) on their territory, which can make a significant contribution to the preservation of habitat types and species in Europe. Once these areas are published in the Community list, Member States have six years to align its legislation so as to become sites of Community importance for properly managed special protection areas (SPAs). Special areas and sites of Community importance, together form the network of protected areas Natura 2000 which is the most important instrument for the conservation of natural habitats and plant and animal species they contain.

Legal Process

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

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

Depending on the response or lack of response from the Member State concerned, the Commission may decide to send a "reasoned opinion (Reasoned Opinion)" (final written warning) to the Member State. This clearly and definitively sets out the reasons why the Commission considers that there is a breach 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 European Court of Justice. If the court finds a breach of the Treaty establishing the European Community by the Member State is required to take the necessary steps to comply.

Article 228 of the Treaty establishing the European Community gives the Commission power to take action against a Member State has not complied with the decision of the Court of Justice. Also, under this Article, the Commission may ask the Court to impose financial penalty on the Member State.

Current statistics on infringements in general are available at the following address:

http://ec.europa.eu/environment/legal/implementation_en.htm