The European Union executive said in a statement:
"Three of the warnings concern protected areas, while a fourth warning concerns the legislation currently in place. The areas involved are the Pirin Mountains, where an extensive ski centre is being developed; the Tsarevo municipality in the south of the country, where a large protected area near the Black Sea is under threat, and works along the Vaya River in the protected area of Emine-Irakli, near the Black Sea. The fourth warning relates to the failure to bring Bulgarian nature legislation fully into line with European requirements.
EU Environment Commissioner Stavros Dimas said: "Despite covering only 2.5% of the EU's total area, Bulgaria is home to almost 70% of Europe's protected bird species, and some 40% of its protected habitats. This extraordinary biodiversity must be protected, because legal protection is the only sure way to safeguard future economic and social well-being. I expect Bulgaria to bring its legislation into line with European requirements, and above all to ensure that it is properly implemented in practice, on the ground."
Four written warnings over legislative shortcomings
The Commission has received a number of complaints regarding on-going tourist and skiing developments in the Bansko Ski Centre in protected areas of the Pirin Mountains, which are noted for their spectacular flora and fauna. Some of the developments in question were authorized by the national authorities before any proper assessment of their impact and cumulative effects on protected species and habitats had been carried out. Similar complaints have been received about failures to assess the impact on protected areas of the spatial development plan for the Tsarevo Municipality in southeast Bulgaria, another area important for tourism, where habitats and species in the coastal area are particularly at risk.
A third warning concerns a more fundamental question about Bulgarian nature legislation, which is not yet fully in line with the requirements of the Habitats Directive, the key piece of EU law for the protection of flora and fauna. Under the Directive, Member States are obliged to assess the impact of all plans and projects likely to have a significant effect on protected sites, irrespective of their location. The practical implications of this failure to implement the directive have become apparent from the destruction of important habitats as a result of works undertaken along the Vaya River in the protected area of Emine-Irakli, which is the subject of the fourth letter sent by the Commission. In each case, the Commission has sent the Bulgarian authorities a first written warning to address the specific issues. The Bulgarian authorities now have two months in which to respond.
Special protection areas and special areas of conservation
Europe's nature is protected by two key pieces of legislation, the Birds Directive and the Habitats Directive. Under the Birds Directive, Member States are obliged to designate suitable sites as Special Protection Areas (SPAs) for the conservation of wild birds. The designation of SPAs must be based on objective, verifiable scientific criteria.
Under the Habitats Directive, Member States draw up a list of Sites of Community Importance (SCIs) on their territory that can make a significant contribution to preserving Europe's habitat types and species. Once these sites are put on a Community list Member States then have six years to bring in domestic legislation turning the SCIs into properly managed Special Areas of Conservation (SAC). Taken together, SPAs and SACs form the Natura 2000 network of protected areas, which is the EU's most important instrument for conserving natural habitats and the animal and plant species they contain.
Article 226 of the Treaty gives the Commission powers to take legal action against a Member State that is not respecting its obligations.
If the Commission 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 concerned, requesting it to submit its observations within a specified period, usually within two months.
In the light of the reply or absence of a reply from the Member State concerned, the Commission 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, normally two months.
If the Member State fails to comply with the Reasoned Opinion, the Commission may decide to bring the case before the European 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 Commission 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 Commission to ask the Court to impose a financial penalty on the Member State concerned."
