The European Commission (EC) is pursuing court action against Bulgaria for failing to properly implement European Union waste disposal law, the EC said in a November 20 2009 media statement.

The case concerns inadequate waste disposal facilities in Sofia. Bulgaria should have had an adequate network of waste disposal installations in place by the time it joined the EU on January 1 2007 but no solution is in place.

Sofia continues to rely on the old sub-standard Sudohol landfill.

"Community funding is available to upgrade the capital's waste infrastructure. However, while the Bulgarian authorities have been working towards making important new investments, a solution remains some years away," the EC said.

This is a breach of EU waste law which establishes basic waste management requirements that member states must meet to ensure a high level of protection for the environment and human health.

In October 2007, the EC sent Bulgaria a first written warning about insufficient measures to establish an integrated network of household waste management facilities in the capital.
 
Among the deficiencies identified by the EC the most important were the lack of a system and installations for the recovery and disposal of the city's household waste, the lack or inadequacy of temporary storage sites and the lack of adequate pre-treatment of the waste.

The EC sent a final written warning in December 2008.

"Following a thorough assessment of the Bulgarian authorities' reply, the Commission concludes that Sofia will continue to lack the necessary facilities for several more years," the EC said.
 
"While the Commission welcomes the fact that action has been taken towards planning an integrated waste management system for Sofia, there are still considerable uncertainties as to when adequate waste installations will be fully operational."

The EC is allowed by the bloc's law to take legal action against a member state that is not respecting its obligations.

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

In the light of the reply or absence of a reply from the member state, the EC may decide to address a "Reasoned Opinion" (final written warning) to the member state.

This clearly and definitively sets out the reasons why it considers there to have been an infringement 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 EC may decide to bring the case before the Court of Justice. Where the Court of Justice finds that the treaty has been infringed, the offending member state is required to take the measures necessary to conform.

Article 228 of the treaty gives the EC power to act against a Member State that does not comply with a previous judgement of the European Court of Justice. The article also allows the EC to ask the court to impose a financial penalty on the member state.