European Commission refers Bulgaria, Romania to EU Court of Justice; countries failed to comply with urban waste water treatment directive for multiple agglomerations past 2010, 2015 deadlines respectively

Today, the European Commission decided to refer Bulgaria and Romania to the Court of Justice of the European Union for failing to fully comply with the collection and treatment obligations set in the urban waste water treatment directive (Directive 91/271/EEC). The Directive aims to protect people's health and the environment by requiring that urban waste water is collected and treated before discharge into the environment. Towns and cities (agglomerations) need to put in place the necessary infrastructure to collect and treat their urban waste water. Uncollected or untreated waste water can put human health at risk and pollute lakes, rivers, soil and coastal and groundwater. Bulgaria and Romania both benefitted from derogations to comply with this directive under their Accession Treaty.

In Bulgaria, 10 big agglomerations (with more than 10,000 inhabitants) fail to fulfil the directive's requirements concerning collecting systems. In 20 big agglomerations, urban waste water entering collecting systems is not treated appropriately. And in 30 big agglomerations, Bulgaria is failing to provide a more stringent treatment before discharging waste water into sensitive areas. All these agglomerations should have been compliant by 31 December 2010.

In Romania, 150 big agglomerations (with more than 10,000 inhabitants) fail to fulfil the directive's requirements concerning collecting systems. In 154 agglomerations, urban waste water entering collecting systems is not treated appropriately. And in 155 big agglomerations, Romania is failing to provide a more stringent treatment before discharging waste water into sensitive areas. All these agglomerations should have been compliant by 31 December 2015.

The Commission sent a letter of formal notice to Bulgaria in July 2017, followed by a reasoned opinion in May 2020. The Commission sent a letter of formal notice to Romania in June 2018, followed by an additional letter of formal notice in October 2020 and a reasoned opinion in February 2022. The additional letter of formal notice was sent to Romania to include big agglomerations that were not in the scope of the initial letter of formal notice in June 2018. The Commission considers that efforts by the Bulgarian and Romanian authorities have, to date, been insufficient and is therefore referring Bulgaria and Romania to the Court of Justice of the European Union.

Background

The European Green Deal, under its zero pollution ambition, aims to effectively protect human health, safeguard the natural environment and reach climate neutrality. Under the urban waste water treatment directive, Member States must have in place collecting systems for all agglomerations with at least 2,000 inhabitants.

Where the establishment of a collecting system is not justified, notably because it would entail excessive costs, individual or other appropriate systems can be used instead, provided they achieve the same level of environmental protection. Member States must also ensure that discharges stemming from urban waste water treatment plants serving agglomerations with at least 2,000 inhabitants comply at least with the secondary treatment level (consisting in the treatment of organic matter in urban waste water), before being released in the environment. If an agglomeration discharges its waste water into a sensitive area then it must ensure that they are subject to a treatment that is stricter than the secondary one.

While compliance with the directive is the primary responsibility of national authorities, Bulgaria and Romania have benefitted from substantial EU funding for urban wastewater treatment through cohesion policy projects.