In an official reply to the Association for Production, Storage and Trading of Electricity (APSTE), the European Commission confirmed that large-scale photovoltaic power plants fall under Annex II, rather than Annex I, of the European Environmental Impact Assessment (EIA) Directive.
This means that the construction of a large solar power plant does not automatically require a mandatory full EIA procedure. Instead, the competent national authority carries out a case-by-case screening to determine whether a specific project is likely to have significant environmental effects and whether an EIA is required.
This distinction is crucial, as representatives of political parties and non-governmental organisations have recently circulated claims alleging that large-scale PV plants must systematically undergo a full EIA procedure, and that developing them without one constitutes a violation of European and Bulgarian law. Such claims have also been widely amplified across social media and certain media outlets.
The European Commission’s response decisively refutes the premise that EU law mandates an EIA for every large-scale solar power project.
This does not mean that solar projects are exempt from environmental oversight. On the contrary, they remain fully subject to established statutory procedures, whereby competent authorities assess the necessity of an EIA on the basis of the characteristics, location, and potential environmental impact of each individual project.
What exactly does the European Commission state?
In its official response to APSTE’s inquiry, the European Commission’s Directorate-General for Environment (DG ENV) points out:
“Although projects for large-scale photovoltaic installations are not explicitly listed in the annexes to Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment, they should be considered as falling within the scope of Annex II, point 3(a) — industrial installations for the production of electricity, steam and hot water (projects not included in Annex I).”
The Commission further adds:
“For such projects, Member States must determine through a case-by-case examination or based on thresholds or criteria whether the project shall be made subject to an assessment due to its likely significant effects on the environment, taking into account the relevant selection criteria set out in Annex III to the Directive.”
What does this mean for Bulgaria?
The large scale of a solar installation does not, in and of itself, mean that it must undergo a full EIA procedure as a matter of obligation.
In Bulgaria, the Environmental Protection Act sets out a formal screening procedure to determine the need for an EIA for applicable projects. If the competent authority establishes that an EIA is required, it must be conducted. If the authority adopts a lawful decision determining that an EIA is not required, the project may proceed under all other applicable statutory requirements.
Consequently, the absence of a full EIA procedure does not in itself constitute evidence of a regulatory or legal violation.
APSTE advocates strict compliance with environmental legislation and robust, effective supervision over investment projects. At the same time, we urge that public debate surrounding renewable energy be grounded in facts, statutory provisions, and official positions, rather than unsubstantiated claims that foster distrust and regulatory uncertainty.
