June 2 (SeeNews) - The European Commission said it may refer Bulgaria to the EU Court of Justice if the country fails within two months to remove barriers to access to justice in relation to air quality plans under the air quality directive.
The EU executive sent a reasoned opinion to Bulgaria on the matter, progressing to the next stage of an infringement procedure launched in May 2020, it said in its June package of sanctions published on Thursday.
The Commission has asked Bulgaria to remedy concerns that it has not granted access to environmental organisations or natural and legal persons to challenge in national courts the lack of national air quality plans or their insufficiency to address air pollution.
All EU member states are obliged to formulate air quality plans and set appropriate measures to keep as short as possible the periods during which air quality plans are breached.
Under the directive, first adopted in 2008, and the UN Aarhus Convention of 2001, citizens and civil society organisations in environmental decision-making, individuals directly concerned and environmental organisations can hold public public authorities accountable for setting up and adhering to an air quality plan.
Bulgaria, however, has not ensured that individuals or civil society bodies have access to justice in matters of air quality plans, the Commission noted. Compounding the problem is the final judgement of a Bulgarian court from 2021 which confirmed the practice of denying access to justice regarding air quality plans.
In March, the EU Court ruled as inadmissible a double infringement procedure by the Commission against Bulgaria for failing to take measures to mitigate ambient air pollution. Bulgaria, which still largely relies on coal for energy generation, has faced frequent calls to reduce its dependence on fossil fuels and to boost the share of renewables in its energy mix.