EC calls on Bulgaria to improve its rules on protection against pollution from industrial activities

17:21, 09.06.2021
EC calls on Bulgaria to improve its rules on protection against pollution from industrial activities

The European Commission calls on Bulgaria to improve its rules on prevention of pollution from industrial activities. According to the Commission, Bulgaria has not correctly transposed all elements of the Industrial Emissions Directive (Directive 2010/75/EU) in national legislation.

Brussels recalls that industrial activities have a significant impact on the environment and the directive lays down rules that help prevent or reduce emissions to air, water and soil and prevent the generation of waste. Bulgaria will have two months to respond and take the necessary measures, otherwise the Commission may refer the case to the Court.

The European Commission called on Bulgaria to improve the national rules for the environmental impact of public and private projects. In March 2019, Brussels sent a notification letter to Sofia that the Environmental Impact Assessment Directive had not been properly transposed. The Directive requires that the results of other existing assessments be included in the impact assessment report, which Bulgaria does not guarantee. The country has two months to reply and to take the necessary measures, otherwise the Commission may decide to refer the matter to the Court.

The European Commission has called on Bulgaria, Germany, Poland and Portugal to properly transpose EU anti-terrorism rules. The Counter-Terrorism Directive is a key element of the EU's Counter-Terrorism Programme and includes provisions that criminalize and sanction terrorism-related crimes, such as travel abroad to commit a terrorist offense, return or travel within the EU for such activities, training for terrorist purposes and terrorist financing. In addition, EU rules lay down special provisions for victims of terrorism to ensure that they have access to reliable information as well as professional and specialized support services, immediately after an attack and for as long as necessary. Member States had to transpose the directive into national law by 8 September 2018. Bulgaria, Germany, Poland and Portugal have two months to respond to the Commission's arguments. Otherwise, the Commission may decide to send a reasoned opinion.

The Commission calls on Belgium and 17 other countries to implement various provisions of Regulation 1143/2014 on the prevention and management of the introduction and spread of invasive alien species. The European Environment Treaty and the European Biodiversity Strategy 2030 emphasize the importance of the EU halting the loss of biodiversity by preserving our natural sites and restoring damaged ecosystems to good ecological status. Invasive alien species are plants and animals that, as a result of human intervention, settle in areas outside their natural range, spreading rapidly and beyond the competition of native species, with serious environmental and economic consequences. All 18 Member States have failed to draw up, implement and communicate to the Commission an action plan (or set of action plans) to address the most important routes of inadvertent introduction and spread of invasive alien species of EU concern.

The Commission sent a letter of formal notice to Bulgaria to draw attention to the tax treatment of taxable subsidiaries. Taxation of such companies is required under Directive (EU) 2016/1164. The rules allow the Member State in which the parent company is located to tax not only the profits of that parent company but also the profits of its subsidiaries which do not pay sufficient corporate tax (or do not have tax) in their jurisdiction of residence. The current legislation transposing this Directive in Bulgaria includes unlawful exemptions for subsidiaries (also known as controlled foreign companies) that are subject to “alternative forms of taxation.” Such exemptions are not permitted by the Directive. the unlawful exemption of subsidiaries that are subject to "alternative forms of taxation" is a breach of the Tax Avoidance Directive. Bulgaria has two months to remedy the shortcomings identified by the Commission, after which the Commission may decide to send a reasoned opinion.

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