Fines for environmental pollution rise by 50% to 100%

The Bulgarian government on January 3, 2024 adopted amendments to the Ordinance on the type, amount and procedure for the imposition of penalties for environmental damage or pollution above the permissible standards. The new texts set higher penalties for violations by sole traders and legal entities. The changes in the part on air quality infringements are in line with the European Directive on industrial emissions.

The amendments aim to increase the penalties, which takes account of inflationary developments and above all respects the polluter-pays principle. A 50% increase in fines is foreseen in relation to the amount of individual penalties for most substances and up to 100% in some cases.

The analysis for the period 2019-2021 shows that the sizes have not been updated for more than ten years and the low size of penalties have no effect on violators.

Low penalties lead to an increase in infringements, and thus to damages to environmental components - air, atmosphere, water, soil, subsoil, landscape, natural sites, mineral diversity, biodiversity and its elements. This also leads to a real risk of endangering human life and health.

The new texts increase the penalties for damaging or polluting the environment beyond the permissible limits and for non-compliance with certain emission standards and limits. Formulas for calculating penalties for measured concentrations above established daily and annual average emission limits are applied.