site.btaEuropean Commission Updates on Eight Infringement Procedures Against Bulgaria

The European Commission released data Thursday on the progress of eight ongoing infringement procedures against Bulgaria, highlighting serious concerns in the areas of justice, economy, waste management, and environmental protection. According to the Commission, seven of the eight procedures are at an advanced stage, and Bulgaria risks being referred to the Court of Justice of the European Union (CJEU) if corrective action is not taken. Bulgaria has two months to respond and take the necessary measures.

Commission calls on Bulgaria to correctly transpose the Waste Framework Directive

The European Commission decided to send a reasoned opinion to Bulgaria (INFR (2023)2143) for failing to correctly transpose the Waste Framework Directive (Directive 2008/98/EC) as amended by Directive 2018/851/EUDirective 2018/851/EU by the transposition deadline of 5 July 2020. The Waste Framework Directive aims to prevent or reduce the generation of waste, reducing overall impacts of resource use and improving the efficiency of such use. The amended Directive sets binding targets for preparing for re-use and recycling of certain waste streams, including municipal waste. It also introduces requirements for Member States to improve their waste management systems and the efficiency of resource use. The Commission found that Bulgaria has not correctly transposed several provisions of the amended Directive including elements concerning the general minimum requirements for extended producer responsibility schemes as well as specific requirements on the monitoring and assessment of waste prevention measures and mixing of waste oils. The Commission sent a letter of formal notice to Bulgaria in November 2023. Bulgaria committed to amending the national legislation to ensure full compliance with the Directive but has to date not made the corresponding changes to the legislation.

Commission calls on Bulgaria to comply with public procurement rules

The European Commission decided to issue a reasoned opinion to Bulgaria (INFR (2024)4027) for non-compliance of the Bulgarian Electronic Government Act with EU Public Procurement rules. Directive 2014/24/EU on public procurement requires that public contracts exceeding a specific threshold must be tendered in accordance with the principles of transparency, equal treatment, and non-discrimination. This ensures fair competition and better value for taxpayers' money. The Commission considers that the Bulgarian act breaches these obligations by assigning the performance of national system integration activities to one company - ‘Information Services AD' – without fulfilling the conditions that would justify such a direct award of contract. On the grounds of the Bulgarian Electronic Government Act, at least 25 contracting authorities in Bulgaria have concluded contracts for services with this company without a procurement procedure.

Commission calls on Bulgaria to ensure compliance with the Services Directive

The European Commission has decided to send a reasoned opinion to Bulgaria (INFR (2020)4006) for imposing restrictive rules for advertising for lawyers which violate the Services Directive (Directive 2006/123/EC). The objective of the Services Directive is to realise the full potential of services markets in Europe by removing legal and administrative barriers, while at the same time allowing for national safeguards, when justified and proportionate to their pursued objective. Excessive restrictions on advertising prevent service providers from promoting their services, particularly affecting new entrants to the market. The Commission considers that the legal frameworks and professional codes of conduct for lawyers in Bulgaria effectively prohibit advertising, as lawyers in Bulgaria are only allowed to share limited information, such as on spoken languages. According to the Commission, this results in a ban on lawyer advertising in breach of the Services Directive. The Commission had already raised this issue in the “Reform recommendations for regulation in professional services” of 2021 and Bulgaria was invited to remove all total bans on commercial communications for lawyers.

Commission calls on Bulgaria, Germany, Greece, Spain, France, Cyprus, Luxembourg, Malta, the Netherlands, Austria, Poland, Finland and Sweden to fully transpose the provisions of the Critical Entities Resilience Directive

The European Commission decided to send reasoned opinions to Bulgaria (INFR(2024)0258), Germany (INFR(2024)0264), Greece (INFR(2024)0269), Spain (INFR(2024)0271), France (INFR(2024)0275), Cyprus (INFR(2024)0260), Luxembourg (INFR(2024)0283), Malta (INFR(2024)0287), the Netherlands (INFR(2024)0289), Austria (INFR(2024)0255), Poland (INFR(2024)0291), Finland (INFR(2024)0273) and Sweden (INFR(2024)0297), for failing to notify national measures transposing the Directive on the resilience of critical entities (Directive (EU) 2022/2557, CER Directive). Member States had to transpose the CER Directive by 17 October 2024. The Directive replaces and strengthens the rules of the Council Directive (2008/114/EC) on the identification and designation of European critical infrastructures and the assessment of the need to improve their protection. The Directive seeks to ensure the provision of vital services for EU society and economy in key sectors such as energy, transport, health, water, banking and digital infrastructure, by strengthening the resilience of critical entities that provide these vital services against a range of threats, including natural hazards, terrorist attacks, insider threats, and sabotage. The swift transposition of the Directive is essential to reach this important common objective.

Commission calls on Bulgaria to correctly transpose EU rules on the right to interpretation and translation in criminal proceedings

The European Commission decided to send a reasoned opinion to Bulgaria (INFR (2023)2111) for failing to correctly transpose provisions of the Directive on the right to interpretation and translation in criminal proceedings (Directive (EU) 2010/64). The Directive is one of six EU Directives that create common minimum standards ensuring that the fair trial rights of suspects and accused persons in criminal proceedings are sufficiently protected across the EU. It guarantees that suspects and accused persons who do not speak or understand the language of the criminal proceedings are provided with interpretation and with a written translation of essential documents. On 18 October 2023, the Commission sent a letter of formal notice to Bulgaria. After analysing Bulgaria's replies, the Commission concluded that Bulgaria continues to fail to transpose into its national law measures regarding the right to interpretation, the right to a written translation of essential documents and the scope of the Directive.

Commission calls on Bulgaria, Estonia, Ireland, Spain, Italy, Lithuania, Austria, Slovakia and Finland to comply with the Methane Regulation

Today the European Commission decided to send letters of formal notice to Bulgaria (INFR(2025)2115), Estonia (INFR(2025)2114), Ireland (INFR(2025)2112), Spain (INFR(2025)2118), Italy (INFR(2025)2111), Lithuania (INFR(2025)2110), Austria (INFR(2025)2116), Slovakia (INFR(2025)2108) and Finland (INFR(2025)2113), for breaching the Methane Regulation (EU) 2024/1787 by failing to appoint, and notify to the Commission, a competent authority responsible for monitoring and enforcing the application of the rules. The EU Methane Regulation tackles methane emissions in the crude oil, natural gas and coal sectors. It aims to improve measurement and reporting of methane emissions in the EU, to foster their abatement, and to increase transparency in the EU and globally. It also incentivises the EU's international partners to measure, report and reduce their methane emissions. Member States had to notify to the Commission the names and contact details of their competent authorities by 5 February 2025. the Commission notes that the Member States in question have still not fulfilled this obligation.

Commission calls on Bulgaria, Greece, Spain and Romania to fully transpose the new EU VAT rules for the special SMEs scheme

The European Commission decided to send a reasoned opinion to Bulgaria (INFR(2025)0009), Greece (INFR(2025)0041), Spain (INFR(2024)0047), and Romania (INFR(2025)0097) for failing to bring their national laws in line with the modifications introduced by Directive 2020/285 on the special scheme for small enterprises. The Directive allows small enterprises to sell goods and services without charging VAT and alleviates their VAT compliance obligations. Moreover, small enterprises established in another Member State than where VAT is due may exempt their supplies from VAT in the same way as domestically established small enterprises can in their respective Member State.

Commission calls Member States to complete the transposition of the Directive on certain aspects of the minimum requirement for own funds and eligible liabilities 

Today, the European Commission decided to send a reasoned opinion to Belgium (INFR(2025)0007), Bulgaria (INFR(2025)0015), Germany (INFR(2025)0031), Estonia (INFR(2025)0039), Spain (INFR(2025)0051), Italy (INFR(2025)0061), Austria (INFR(2025)0002), Poland (INFR(2025)0088) and Sweden (INFR(2025)0102) for failing to fully transpose the Daisy Chains II Directive (Directive (EU) 2024/1174). Member States had to transpose it into national law by 13 November 2024. The Daisy Chains II Directive amends the Bank Recovery and Resolution Directive (Directive 2014/59/EU) with the aim of introducing proportionality in the application of the debt buffer to be held by banks and investment firms in order to be able to absorb losses and be recapitalised in resolution (so-called ‘minimum requirements for own funds and eligible liabilities' or ‘MREL'). More specifically, the Daisy Chains II Directive introduces the concept of ‘liquidation entities' and provides that, as a rule, those should not be subject to MREL, unless the resolution authority decides differently on a case-by-case basis. Full implementation of the legislation is key to improve the resolvability of banks and to avoid level playing field issues between different banking group structures.