site.btaEuropean Commission Calls on Bulgaria to Apply "Polluter Pays" Principle in Legislation

The European Commission announced Monday that it has decided to send a reasoned opinion to Bulgaria on Monday for failing to apply the "polluter pays" principle under the Waste Framework Directive on waste. According to the "polluter pays" principle, described in the Directive, the original waste producer or the current or previous waste holders must bear the costs for waste management.

In Bulgaria those costs are widely based on the tax value of the property and do not take into account relevant parameters such as the quantity of household waste generated.

A 2019 study found that Bulgaria was the only EU Member State with such a system. Since the system is not compliant with the legal conditions, the Commission says it sent a letter of formal notice in July 2023. Although Bulgaria amended its legislation to address the issue, the provisions have never become effective as their application was postponed consecutively each year from 2015 to 2025.

According to the latest postponement, adopted by law in September 2024, the provisions ensuring compliance with the "polluter pays" principle will become effective only in January 2026. Therefore, the Commission has decided to issue a reasoned opinion to Bulgaria, which now has 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, the EC says in a press release.