site.btaEC Presents Update on Seven Infringement Procedures against Bulgaria

The European Commission presented Friday its regular package of infringement decisions for July in which it pursues legal action against Member States for failing to comply with their obligations under EU law. These decisions, covering various sectors and EU policy areas, aim to ensure the proper application of EU law for the benefit of citizens and businesses. Following is an update on seven infringement procedures against Bulgaria:

Public procurement

The Commission urges Bulgaria to comply with public procurement and concessions rules and has decided to send it a reasoned opinion for the non-conformity of its national legislation with the rules on public procurement. Bulgarian legislation introduces two exclusions from the application of public procurement rules, namely for certain medicinal products and for construction and maintenance of engineering facilities of an obstructive type to protect the state border. While Bulgaria addressed the majority of the non-conformity issues since the infringement was open in 2019, Bulgaria failed to do so for the above-mentioned exclusions. Bulgaria has two months to respond to the arguments raised by the Commission. Otherwise, the Commission may decide to refer Bulgaria to the Court of Justice of the European Union, the press release said.

Free movement

The European Commission decided to open an infringement procedure by sending a letter of formal notice to Bulgaria, Greece and Portugal for failing to comply with EU rules on identity cards and residence documents issued to EU citizens and their family members. The Commission considers that the three Member States do not issue identity cards or residence documents in a format that complies with the Regulation, which entered into application in August 2021. In the case of Bulgaria, this concerns identity cards, residence documents issued to EU citizens and residence cards issued to non-EU family members. The countries now have two months to take the necessary measures to address the shortcomings, or the Commission may decide to continue with a reasoned opinion.

European Arrest Warrant 

The Commission urges Belgium, Bulgaria, Poland, Slovakia and Finland to comply with the requirements of the Framework Decision. More particularly, the Commission sent letters of formal notice to Bulgaria in February 2022 and to Slovakia in December 2021. Following their replies, the Commission concluded that Bulgaria failed to correctly transpose rules on mandatory grounds for non-execution, effective judicial review prior to the surrender, and the notion of humanitarian reasons for the postponement of the surrender. They have two months to comply. 

European Accessibility Act

The Commission calls on Bulgaria, Ireland, Cyprus, the Netherlands, and Poland to transpose the Directive on accessibility of products and services for persons with disabilities, more particularly for failing to communicate measures fully transposing the Directive. The Commission has decided to send reasoned opinions to Bulgaria, Ireland, Cyprus, the Netherlands and Poland for failing to notify their transposition measures. These states have two months to respond and undertake the necessary action. Otherwise, the Commission may decide to refer them to the Court of Justice of the European Union. 

Road transport

The Commission decided to send reasoned opinions to Belgium, Bulgaria, Italy, Hungary, Malta, Poland, Slovenia and Finland, for their failure to notify the Commission that they have transposed all measures under the Directive setting EU rules for the posting of drivers in the road transport sector. It guarantees a driver's right to be paid the salary of the country to which he or she has been posted and sets a clear legal framework for operators on conducting their operations.  The Commission has decided to send a reasoned opinion to these Member States that now have two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union.

Road safety

The same action as above refers to Bulgaria, among others, in the case of the infringement procedure related to correctly transpose EU rules on periodic roadworthiness tests.

 Waste

The European Commission decided to open an infringement procedure by sending a letter of formal notice to Bulgaria for failing to apply the polluter-pays principle as laid down in the Waste Framework Directive. In Bulgaria, the costs for waste management that citizens and businesses pay are based on the tax value of the property and do not take into account relevant parameters such as the quantity of household waste. Although Bulgaria amended its legislation to address the issue, the application of the provisions kept being postponed each year since 2015. According to the latest information by the Bulgarian authorities, the application of the provisions could become effective in the following two years. The Commission is therefore sending a letter of formal notice to Bulgaria, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.