site.btaUPDATED EC Refers Bulgaria to Court for Failing to Transpose Victims' Rights Directive, Urges It to Address Air Pollution, Waste Management

The European Commission (EC) said in a Thursday press release that it has decided to refer Bulgaria to the Court of Justice of the European Union for failure to communicate the measures transposing into national legislation the Victims' Rights' Directive. The EC also urged Bulgaria to ensure correct implementation of its reduction commitments for several air pollutants and address shortcomings in its transposition of the EU Waste Framework Directive. 

Victims' rights 

The deadline for Member States to transpose the Victims' Rights' Directive was 16 November 2015.  

In January 2016, the Commission sent a letter of formal notice to Bulgaria for failing to transpose and communicate the transposition measures to the Commission within the deadline. In March 2019, the Commission followed up with a reasoned opinion as Bulgaria had not communicated full transposition, the press release reads. 

Following numerous exchanges with the Bulgarian authorities since 2019 and taking into account the most recent replies from Bulgaria, the Commission has decided to refer that Member State to the Court of Justice of the European Union, as two provisions of the Victims' Rights Directive still have not been transposed into Bulgarian legislation, the EC said.

Since the case concerns the failure to communicate transposition measures of a legislative directive, the Commission will ask the Court of Justice of the European Union to impose financial sanctions on Bulgaria.

The Victims' Rights' Directive is the most important EU level instrument applicable to all victims of crime. The Directive entered into application in 2015. Since that time, the Directive brought a positive impact on victims' rights to access information and improved victims' access to support services, the EC said. 

The objective of the Directive is to ensure that all victims of crime receive appropriate information, support and protection and are able to participate in criminal proceedings. According to the Directive, victims shall be recognised and treated in a respectful, sensitive, tailored, professional and non-discriminatory manner by all actors coming into contact with them. Special attention should be paid to victims with specific needs in view of protecting them from secondary victimisation, retaliation and intimidation. Such victims shall also have access to specialised support services and to special protection measures.

In 2019, the Commission had 25 open infringement procedures against the Member States for incomplete transposition of the Victims' Rights Directive. As of November 2023, all infringements, have been closed except for Bulgaria. 

Air pollutants

The Commission also said it has decided to send a reasoned opinion to Bulgaria, Ireland, Cyprus, Latvia, Lithuania, Hungary, Austria, Portugal and Sweden for failure to ensure correct implementation of their reduction commitments for several air pollutants as required by the relevant EU Directive 2016/2284 on the reduction of national emissions of certain atmospheric pollutants ('NEC Directive').

The NEC Directive sets national emission reduction commitments for five important air pollutants: nitrogen oxides (NOx), non-methane volatile organic compounds (NMVOCs), sulphur dioxide (SO2), ammonia (NH3) and fine particulate matter (PM2.5). These pollutants contribute to poor air quality, leading to significant negative impacts on human health and the environment.  

The Commission has analysed the latest inventories, together with other information reported by the Member States and concluded that Bulgaria, Ireland, Cyprus, Latvia, Lithuania, Hungary, Austria, Portugal and Sweden, continued failing to meet their reduction commitments.   

Additionally, the Commission has decided to issue a reasoned opinion to Bulgaria, Ireland, Cyprus, Latvia, Lithuania, Hungary, Austria, Portugal and Sweden, which have now 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.

Waste management 

The Commission also said it has decided to open an infringement procedure by sending a letter of formal notice to Bulgaria, Cyprus, Czechia, Estonia, Romania and Austria, urging them to address shortcomings in their transposition of the EU Waste Framework Directive. The deadline for Member States to transpose Directive (EU) 2018/851 into their national legislation expired on 5 July 2020. The Member States in question have not correctly transposed it to date.

The EC argues that Bulgaria's laws incorrectly transpose provisions on the minimum requirements for extended producer responsibility schemes, the monitoring and evaluation of waste prevention measures and the separate collection of textiles which is to be set up by 1 January 2025.

The Commission is therefore sending letters of formal notice to the Member States concerned, which now have 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.