Law Amending The Law On Clean Air

Original Language Title: Закон за изменение и допълнение на Закона за чистотата на атмосферния въздух

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15447/

Name of law
Law amending the Law on Clean Air




Name Bill
Bill amending the Law on Clean Air





Date of adoption
11/12/2015



Number / year Official Gazette
101/2015







DECREE № 280
Pursuant to Art. 98 pt. 4 of the Constitution of the Republic of Bulgaria
DECREE:
To be published in the "Official Gazette" Law amending the Law on Clean Air, HLIІI adopted by the National Assembly on December 11, 2015
Released in Sofia on December 18, 2015
President of the Republic: Rosen Plevneliev
stamped with the state seal.
Minister of Justice: Catherine Zaharieva

Law amending the Law on Clean Air (prom. SG. 45 of 1996 .; corr. SG. 49 of 1996 ., amend., SG. 85 of 1997, No. 27 of 2000 pcs. 102 of 2001, pcs. 91 2002 pcs. 112 of 2003, SG. 95 of 2005 SG. 99 and 102 in 2006, pcs. 86 of 2007, pcs. 36 and 52 of 2008, pcs. 6, 82 and 93 of 2009, pcs. 41, 87 and 88 2010, pcs. 35 and 42 in 2011, pcs. 32, 38, 53, 54, 77 and 102 of 2012, pcs. 98 2014 SG. 14 of 2015) | || § 1. In art. 2 pt. 5, after the words "ports of the Republic of Bulgaria" a comma.
§ 2. In art. 3, para. 2 t. 3 is repealed.
§ 3. In art. 9 made the following amendments:
1. In para. 1 the word "eligible" is deleted.
2. Paragraph 2 is amended as follows:
"(2) The standards for emissions are being developed with a view to ensuring air quality meeting the standards for harmful substances (pollutants) under Art. 6. "
third. In para. 3 after the word "standards" add "emission".
4. A new paragraph. 4:
"(4) standards for emissions are developed based on:
1. conclusions on best available techniques (BAT), adopted by a decision of the European Commission under item. 42c of the additional provisions of the Law on Environmental Protection;
2. state of the art equipment and technology, science and the results of the practical use of these achievements. "
5. Former para. 4 becomes para. 5.
6. Former para. 5 becomes para. 6 and the words "para. 4 "are replaced with" para. 5 ".
7. Former para. 6 becomes para. 7 and the words "para. 4 "are replaced with" para. 5 "and the words" Chapter Seven "insert" Section II. "
§ 4. In art. 11, para. 3, after the words "together with" insert "Minister of Regional Development and Public Works."
§ 5. Article 17 is amended as follows:
"Art. 17. (1) The Minister of Environment and Waters establishes measures for implementing Regulation (EC) № 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer (OJ L 286/1 of 31 October 2009), hereinafter "Regulation (EC) № 1005/2009".
(2) The Minister of Environment and Water and the Minister of Interior establishes measures for implementing Regulation (EC) № 517/2014 of the European Parliament and of the Council of 16 April 2014 for fluorine-containing greenhouse gas and repealing Regulation (EC) № 842/2006 (OJ, L 150/195 of May 20, 2014), hereinafter referred to as "Regulation (EU) № 517/2014", in relation to:
1. stationary refrigeration equipment containing fluorine-containing greenhouse gases;
2. heat pumps containing fluorine-containing greenhouse gases; 3
. electrical switchgear containing fluorine-containing greenhouse gases;
4. engines Rankine cycle with an organic working agent containing fluorine-containing greenhouse gases;
5. equipment containing solvents based on the fluorine-containing greenhouse gases;
6. stationary firefighting equipment containing fluorine-containing greenhouse gases;
7. refrigerating units of refrigerated trucks and trailers - in connection with the implementation of the requirements of activities performed installation, servicing, maintenance, repair, decommissioning, leak testing and recovery of fluorine-containing greenhouse gases;
8. air conditioning equipment for motor vehicles - in connection with implementing the requirements of carrying out reconstruction activities of fluorine-containing greenhouse gases;
9. European and / or international standards, through the implementation of which establishes requirements for working with equipment containing refrigerants, representing an alternative to the fluorine-containing greenhouse gases.

(3) Verification of compliance with the requirements of Art. 4, paragraphs 1 and 3 and art. 8, paragraph 1 of Regulation (EU) № 517/2014, as well as operators of motor vehicles with regard to the recovery of fluorine-containing greenhouse gases from climatic equipment to establish compliance with Art. 8, paragraph 3 of the Regulation (EU) № 517/2014, is carried out at periodic inspection of the roadworthiness of the ordinance under Art. 147, para. 1 of the Law on Road Traffic of motor vehicles and their trailers when equipped with refrigeration devices through verification of documents prepared and maintained in accordance with Art. 6 of Regulation (EU) № 517/2014.
(4) The Minister of Environment and Water or authorized by officials, directors of the Regional Inspectorates of Environment and Water or authorized by them officials monitor compliance with the requirements of the ordinance under par. 1.
(5) Control over compliance with the requirements of the ordinance under par. 2 is performed by:
1. Minister of Environment and Water or authorized by officials, directors of the Regional Inspectorate of Environment and Water (RIEW) or authorized by them officials with the exception of the requirements under p. 2;
2. Director of Chief Directorate "Fire Safety and Population Protection" of the Ministry of Interior or officials authorized by him in respect of the requirements for persons performing assembly, servicing, maintenance, repair, decommissioning and check for leaks Fixed firefighting equipment, as well as recovery of fluorine-containing greenhouse gases from such equipment, according to art. 3, paragraph 4 and article. 6, paragraph 2, letter "b" of the Regulation (EU) № 517/2014.
(6) The Minister of Environment and Water or authorized by officials, directors of the Regional Inspectorates of Environment and Water and / or Director of Agency "Customs" or authorized by them shall exercise control according to their competence in cases by:
1. Article 5, Art. 6, Art. 7, paragraph 2, art. 8, paragraph 3, Art. 9 Art. 10, paragraph 3, Art. 11, paragraph 5, Art. 15, 16, 17 and Art. 24, paragraph 1 of Regulation (EC) № 1005/2009;
2. Article 7, paragraph 2, art. 11, paragraph 1, art. 12, paragraphs 1-13, Art. 14, paragraphs 1-3, art. 15, paragraph 1, para. 2 and art. 17, paragraph 1, para. 2 of Regulation (EU) № 517/2014.
(7) The Minister of Environment and Water, the directors of the Regional Inspectorates of Environment and Water and authorized by them officials in the exercise of control under par. 4 para. 5 pt. 1 and par. 6, and in the exercise of control under Regulation (EC) № 1005/2009 and Regulation (EU) № 517/2014 entitled:
1. Free access to the inspected entities;
2. require information and documents to do analysis on site and / or take samples for laboratory analysis to establish the compliance of the substances, equipment and products under Regulation (EC) № 1005/2009 and / or Regulation (EU) № 517 / 2014; 3
. require information on the quantities produced, imported, exported and marketed substances that deplete the ozone layer, or fluorine-containing greenhouse gases, as well as manufactured, imported, exported and marketed quantities of products and equipment containing or relying on substances deplete the ozone layer, or fluorine-containing greenhouse gases;
4. to give instructions to restrict, ban marketing, distribution, use, withdrawal and / or destruction of substances, equipment and / or products and reduction of emissions in case of discrepancies with the requirements of Regulation (EC) № 1005/2009 and / or Regulation (EU) № 517/2014;
5. to attract experts in the field, where the inspection is factually complex and / or require special knowledge.
(8) The Director of Chief Directorate "Fire Safety and Population Protection" or authorized by officials in the exercise of control under par. 5 pt. 2 entitled:
1. Free access to the inspected sites;
2. require information and documents in order to establish compliance of substances and / or with the requirements of Regulation (EU) № 517/2014.
(9) The Director of the Agency "Customs" and authorized by the officials in the exercise of control under par. 6 entitled:
1. suspected violations of the prohibitions and / or restrictions laid down in Regulation (EC) № 1005/2009 and Regulation (EU) № 517/2014, to keep the substances, products and / or equipment to obtain the opinion of the Minister of Environment and the waters of Directors of the regional Inspectorates of environment and waters or their delegated officials;
2. after obtaining the opinion of item. 1:
a) in the case of an established offense - giving customs of goods in accordance with the opinion;

B) if no violation is established - to authorize the release of substances, products and / or equipment.
(10) The Directors of RIEW Director of Chief Directorate "Fire Safety and Population Protection" of the Ministry of Interior, the Director of Agency "Customs" in writing inform the Minister of Environment and Waters for any breach of Regulation (EU ) № 517/2014 or Regulation (EC) № 1005/2009, or regulations under par. 1 or 2, as well as measures taken within a period not exceeding 30 days from the date of the finding.
(11) control authority under par. 4, 5 and 6 are obliged not to disclose information of industrial or commercial secret acquired knowledge during or in connection with the controls.
(12) The control for implementing Regulation (EC) № 1005/2009 is performed by:
1. Minister of Environment and Waters or by an authorized official - in the use of chlorofluorocarbons, bromohlorvaglevodorodi and hydrochlorofluorocarbons;
2. Minister of Agriculture and Food or by an authorized official - on use of methyl bromide for quarantine and pre-shipment applications and / or critical uses; 3
. Minister of Defence or the Minister of Transport, Information Technology and Communications or authorized by them officials - on the use of halons for critical uses.
(13) The Minister of Environment and Water or an authorized officer is the competent authority for implementing Regulation (EC) № 1005/2009 and Regulation (EU) № 517/2014.
(14) The Minister of Environment and Water is the competent authority reporting to the European Commission (EC) № 1005/2009 and Regulation (EU) № 517/2014. "
§ 6. In art. 17a be made the following amendments:
1. A new paragraph. 1:
"(1) The persons who carry out activities related to:
1. extraction of hydrochlorofluorocarbons from refrigeration or air conditioning systems or heat pumps with the aim of regeneration and subsequent export for uses other than destruction, are required to have certificates issued under the ordinance of art. 17, para. 2;
2. checking for leaks, repair and maintenance of refrigeration or air conditioning systems or heat pumps containing substances that deplete the ozone layer are obliged:
a) have certificates issued under the ordinance of art. 17, para. 2;
B) when performing maintenance and / or servicing of equipment to take measures for immediate extraction of substances under p. 1 for destruction in accordance with Art. 22, paragraph 1 of Regulation (EC) № 1005/2009; 3
. extraction of substances that deplete the ozone layer, to destroy transmit substances to persons holding a permit under Art. 67 of the Law on Waste Management or complex permit in accordance with Art. 117 of the Law on environmental treatment of the respective type of waste. "
2. Former para. 1 becomes para. 2.
third. Former para. 2 becomes para. 3 and her everywhere the words "para. 1 "is replaced with" para. 2 ".
4. Former para. 3 becomes para. 4 and the words "para. 2 "is replaced with" para. 3 "and the words" para. 1 "is replaced with" para. 2 ".
§ 7. Article 17b is amended as follows:
"Art. 17b. (1) Individuals are required to have certificates issued under Art. 10 paragraphs 3-5 and 7 of Regulation (EU) № 517/2014 and the ordinance under Art. 17, para. 2 for activities related to:
1. checking for leaks of stationary refrigeration, air conditioning and fire-fighting equipment, stationary pumps, refrigeration units of refrigerated trucks and trailers containing five tons CO2 equivalent or more fluorine-containing greenhouse gases, or 10 tonnes of CO2 equivalent or more, when sealed and labeled as such ;
2. recovery of fluorine-containing greenhouse gases from the cooling circuits of stationary refrigeration, air conditioning and fire-fighting equipment, stationary pumps, refrigeration units of refrigerated trucks and trailers, stationary equipment containing solvents based on these gases, as well as stationary electrical switchgear; 3
. installation, servicing, maintenance, repair or decommissioning of stationary refrigeration, air conditioning and fire-fighting equipment, stationary pumps, refrigeration units of refrigerated trucks and trailers, electrical switchgear containing fluorine-containing greenhouse gases.

(2) Legal persons carrying out activities related to installation, service, maintenance, repair or decommissioning of stationary refrigeration, air conditioning and fire-fighting equipment and stationary pumps containing fluorine-containing greenhouse gases are required to have license required pursuant to Art. 10, paragraph 6 of Regulation (EU) № 517/2014, issued under Art. 10, paragraphs 5 and 7 of the Regulation and the ordinance under Art. 17, para. 2.
(3) certification documents under par. 1 and 2 are issued by:
1. Bulgarian Branch Chamber of Mechanical Engineering - for activities related to checking for leaks, recovery of fluorine-containing greenhouse gases, installation, servicing, maintenance, repair or decommissioning of stationary refrigeration equipment, stationary pumps, refrigeration units of refrigerated trucks and trailers containing five tons CO2 equivalent or more fluorine-containing greenhouse gases, or 10 tonnes of CO2 equivalent or more, when sealed and labeled as such, as well as extraction of fluorine-containing greenhouse gases from air conditioning systems in certain motor vehicles;
2. Chief Directorate "Fire Safety and Population Protection" of the Ministry of Interior - for activities related to checking for leaks, recovery of fluorine-containing greenhouse gases, installation, servicing, maintenance, repair or decommissioning of stationary firefighting equipment containing 5 tons of CO2 equivalent or more fluorine-containing greenhouse gases, or 10 tonnes of CO2 equivalent or more if hermetically sealed and labeled as such; 3
. Bulgarian Branch Chamber of Power Engineers - for activities related to the recovery of fluorine-containing greenhouse gases, installation, servicing, maintenance, repair or decommissioning of stationary electrical switchgear containing fluorine-containing greenhouse gases;
4. Bulgarian Industrial Association - for activities related to the extraction solvents based on fluorine-containing greenhouse gases from stationary equipment.
(4) The activities of authorities issuing qualifications under par. 3 is carried out in accordance with:
1. Article 10, paragraphs 1-9 of Regulation (EU) № 517/2014;
2. Article 10 of Regulation (EC) № 303/2008 of 2 April 2008 on the establishment, in accordance with Regulation (EC) № 842/2006 of the European Parliament and of the Council, minimum requirements and the conditions for mutual recognition of certification of companies and personnel as regards stationary refrigeration, air conditioning and heat pump equipment containing certain fluorinated greenhouse gases (OJ, L 92/3 of 3 April 2008) and Art. 3 of Regulation (EC) № 307/2008 of 2 April 2008 on the establishment, in accordance with Regulation (EC) № 842/2006 of the European Parliament and the Council, minimum requirements for training programs and conditions mutual recognition of training attestations for personnel as regards air-conditioning systems in certain motor vehicles containing certain fluorinated greenhouse gases (OJ, L 92/25 of April 3, 2008) when the Licence issued by the authority under par. 3, p. 1; 3
. Article 10 of Regulation (EC) № 304/2008 of 2 April 2008 on the establishment, in accordance with Regulation (EC) № 842/2006 of the European Parliament and of the Council, minimum requirements and the conditions for mutual recognition of certification of companies and personnel as regards stationary fire protection systems and fire extinguishers containing certain fluorinated greenhouse gases (OJ, L 92/12 of April 3, 2008), hereinafter "Regulation (EC) № 304/2008", when Licence issued by the authority under par. 3 pt. 2;
4. Article 5 of Regulation (EC) № 305/2008 of 2 April 2008 on the establishment, in accordance with Regulation (EC) № 842/2006 of the European Parliament and of the Council, minimum requirements and the conditions for mutual recognition of certification of personnel recovering fluorinated greenhouse gases from high voltage (OJ, L 92/17 of April 9, 2008) when the Licence issued by the authority under par. 3 pt. 3;
5. Article 4 of Regulation (EC) № 306/2008 of 2 April 2008 on the establishment, in accordance with Regulation (EC) № 842/2006 of the European Parliament and of the Council, minimum requirements and conditions for mutual recognition of certification of personnel recovering from equipment solvents based on fluorinated greenhouse gases (OJ, L 92/21 of April 3, 2008) when the Licence issued by the authority under par. 3 pt. 4.
(5) The authorities under par. 3 create and maintain information database on natural and legal persons under par. 1 and 2 received qualifications.

(6) The authorities under par. 3 pt. 1, 3 and 4 and the Academy of the Ministry of Interior as an assessment body under Art. 11 of Regulation (EC) № 304/2008, establish and maintain updated information on relevant technologies to replace or reduce the use of fluorine-containing greenhouse gases and safe handling.
(7) The information under par. 5 and 6 is available on the website of the relevant certification and assessment bodies. "
§ 8. A new art. 17c:
"Art. 17c. (1) The Director of Agency "Customs" and the Minister of Environment and Water Agreement shall determine the manner in which "Customs" Agency provide the Ministry of Environment and Waters necessary information concerning imports and / or exports of the substances products and equipment that are subject to restrictions under Regulation (EC) № 1005/2009 and Regulation (EU) № 517/2014.
(2) The Director of Chief Directorate "Fire Safety and Population Protection" of the Ministry of Interior submitted to the Minister of Environment and Water or an authorized officer not later than April 1 of the current year information operators of stationary fire-fighting equipment containing fluorine-containing greenhouse gases by 5 tons CO2 equivalent or more in the territory of the Republic of Bulgaria in accordance with established in accordance with Art. 17, para. 2 format.
(3) The data to check for leaks, installing, servicing, maintenance, repair and / or recovery of fluorine-containing greenhouse gases from equipment refrigerated trucks and trailers registered in the Republic of Bulgaria, is entered in the computer system Art. 147, para. 8 of the Law on Road Traffic.
(4) The data under par. 3 to be completed by persons holding qualifications as listed in Art. 17b para. 1 for refrigeration devices refrigerated trucks and trailers to 15 February of the current year with the following information for the previous calendar year:
1. upon initial entry operator:
a) Name of entity identification code / name of the individual, address and occupation (garage, fleet);
B) registration number and identification number of the vehicle;
C) contact person, phone / fax / e-mail;
D) type of equipment;
E) type of charged fluorine-containing greenhouse gases and the quantity at which ensures operation of the equipment; the quantity shall be indicated in tonnes of CO2 equivalent;
2. when performing listed under par. 3 activities:
a) activities carried out at the expense of the operator;
B) the date on which a relevant activity;
C) the quantities used and / or recovered fluorine-containing gases in kilograms;
D) in the case of activities carried out to restore the fluorine-containing greenhouse gases - follow-up treatment gas (regeneration, recycling and / or disposal) and name of the person you are handed gases to carry out the treatment.
(5) Amendment supplement and / or deletion of entries in the information system under par. 4 pt. 1 is made by persons holding qualifications as listed in Art. 17b para. 1 for refrigeration devices refrigerated trucks and trailers in the period under par. 4 or proposal of the Minister of Environment and Water or an authorized officer as a result of findings during inspections of art. 17, para. 7 pt. 2 inconsistencies.
(6) The Executive Director of Executive Agency "Automobile Administration" or an authorized officer provides:
1. Minister of Environment and Water or an authorized officer access to data entered under par. 3, including the possibility of their amendment, supplement and / or deletion, and information for the user who has entered the information under par. 4 and / or made changes, additions and / or deletion of para. 5;
2. persons have certificates of art. 17b para. 1 for refrigeration devices refrigerated trucks and trailers, access to the information system, including, where appropriate, training to work with the system, according to the ordinance under Art. 147, para. 1 of the Law on Road Traffic. "
§ 9. In art. 18a para. 8, the words "Distributors of marine fuels" are replaced by "Local suppliers of marine fuel."
§ 10. In art. 18b para. 5 following amendments and additions:
1. In item. 3 words "item. 2 "are replaced by" item. 3 '.
2. In pt. 5, after the word "perform" add "years" and finally a comma and add "to be prominently displayed on the site."
§ 11. In art. 27 make the following additions:
1. In para. 4 finally put a comma and added "or guidelines issued by the Minister of Environment and Water."
2. A par. 5:

"(5) The instructions of the Minister of Environment and Waters under par. 4 are required to implement. "
§ 12. A Art. 28a:
"Art. 28a. (1) In cases where the type and level of air pollution increases the risk to human health and / or the environment or in the absence of norms of art. 6 para. 1 municipal councils may adopt the following measures:
1. to create areas with low emissions of harmful substances;
2. to restrict the use of certain types of fuels for domestic heating of the population; 3
. to restrict the movement of vehicles.
(2) The measures under par. 1 may be included in the programs of art. 27 para. 1 and in the operational plans of art. 30. "
§ 13. In art. 30a para. 5 after the word "use" is added "in marine fuel supply systems."
§ 14. In art. 30d para. 4 after the word "regulations" shall be added "can".
§ 15. Article 30i is amended as follows:
"Art. 30i. (1) The local suppliers of marine fuel ensure the availability of marine fuel in the ports of the country in accordance with the requirements of the ordinance under Art. 8, para. 1 and inform the Executive Director of the Executive Agency "Maritime Administration".
(2) The master of the ship or ship agent shall notify officials of the Executive Agency "Maritime Administration" when you can buy marine fuel in accordance with the requirements of the ordinance under Art. 8, para. 1.
(3) The Executive Director of Executive Agency "Maritime Administration" shall notify the European Commission of the existence of marine fuel ports in the country in compliance with the ordinance of art. 8, para. 1, and when a ship produces evidence of a lack of marine fuel in accordance with the requirements of the ordinance under Art. 8, para. 1.
(4) The procedure for notification under par. 1 and 2 are determined by order of the Executive Director of the Executive Agency "Maritime Administration", which is published in the "Official Gazette".
§ 16. In art. 30l, para. 1 the words "under Art. 117 "are replaced by" a complex permit issued under Chapter Seven ".
§ 17. Chapter Six "Taxes on fuel oil and heating oil more than 1 percent sulfur for enterprise management activities for preservation of environment" with art. 31-33 is repealed.
§ 18. In art. 33a is amended as follows:
1. In the text before item. 1, 'according to the ordinances of art. 9a, para. 1, Art. 9b art. 11a para. 1 and Art. 17, para. 1 and 2 "are deleted.
2. Point 3 is amended as follows:
"3. prevention or termination of administrative violations under this Act, the regulations under Art. 9, para. 1, Art. 9a, para. 1, Art. 9b art. 9b, par. 1, Art. 11a para. 1 and Art. 17, para. 1 and 2 under Regulation (EC) № 1005/2009 and Regulation (EU) № 517/2014. "
§ 19. In art. 33b para. 1 is amended as follows:
1. In pt. 5 word "regulations" are replaced by "Regulation (EC) № 1005/2009, Regulation (EU) № 517/2014".
2. In pt. 6 after the words "para. 1 and 2 "a comma, the words" laying down measures for the implementation of "shall be deleted and the words" Regulation (EC) № 842/2006 "are replaced by" Regulation (EU) № 517/2014 ".
§ 20. Article 34i is amended as follows:
"Art. 34i. (1) A fine of 5,000 to 20,000 lev, respectively with a property sanction of 10 000 to 40 000 Levs, a person who:
1. manufacture, import, export, placing on the market or use substances that deplete the ozone layer, products or equipment containing or relying on those substances in violation of Art. 4-6, art. 15, art. 16, paragraph 1, art. 17, art. 20, paragraph 1 or article. 24, paragraph 1 of Regulation (EC) № 1005/2009;
2. marketed or used fluorine-containing greenhouse gas products and equipment containing or relying on those substances, in violation of Art. 7, paragraph 2, art. 11, paragraph 1, art. 13 or Art. 14, paragraphs 1 and 2 of Regulation (EU) № 517/2014.
(2) A person who violates the labeling rules laid down in Art. 2, 3 and 4 of Regulation (EC) № 1494/2007 of 17 December 2007 establishing in accordance with Regulation (EC) № 842/2006 of the European Parliament and the Council, the form of labels and additional requirements labeling of products and equipment containing certain fluorinated greenhouse gases (OJ, L 332/25 of 18 December 2007), and / or art. 12 of Regulation (EU) № 517/2014, shall be fined from 3,000 to 6,000 lev, respectively with a property sanction from 8,000 to 15,000 lev.
(3) A person who operates refrigeration, air conditioning or heat pump installations containing reclaimed or recycled hydrochlorofluorocarbons are not labeled in accordance with Art. 11, paragraph 6 of Regulation (EC) № 1005/2009, shall be fined 1,000 lev, respectively with a property sanction amounting to 3,000 lev

(4) A person who does not support, does not lead or does not provide documentation with information about the buyers of fluorine-containing greenhouse gases under the provisions of Art. 6, paragraph 3 of the Regulation (EU) № 517/2014 and the ordinance under Art. 17, para. 2 shall be fined from 1,000 to 3,000 lev, respectively with a property sanction from 2000 to 6000 Levs.
(5) A person who sells fluorine-containing greenhouse gases by individuals and / or entities with no license required or physical and / or legal entities without employing persons holding a license required for installation, servicing, maintenance, repair or decommissioning of equipment under Art. 4, paragraph 2, letter "a" - "f" - for individuals and / or art. 4, paragraph 2, letter "a" - "d" - for legal entities of Regulation (EU) № 517/2014, shall be fined from 3,000 to 6,000 lev, respectively with a property sanction from 8,000 to 15,000 lev.
(6) a person who sells equipment loaded with fluorine-containing greenhouse gases, which is not hermetically closed to the ultimate consumer, but they provide proof that the installation of the equipment will be carried out by certified enterprise under Art. 10 of Regulation (EU) № 517/2014, shall be fined from 3,000 to 6,000 lev, respectively with a property sanction from 8,000 to 15,000 lev.
(7) Importer does not guarantee every year to 31 March that documentation and declaration have been verified by an independent auditor as required by art. 14, paragraph 2 of Regulation (EU) № 517/2014 and the ordinance under Art. 17, para. 2 shall be fined from 5,000 to 20,000 lev, respectively with a property sanction of 10 000 to 40 000 Levs.
(8) A person who launches fluorocarbons without its distributed and / or assigned quota or exceeding quota that is allocated to him and / or transferred pursuant to Art. 16, paragraph 5, Art. 18 or Art. 25, paragraph 2 of Regulation (EU) № 517/2014, shall be fined 50 lev for every one ton of CO2 equivalent, which is placed on the market in violation respectively with a property sanction of 100 lev for every one ton of CO2 equivalent marketed in violation.
(9) A person who allowed the release of substances that deplete the ozone layer in the atmosphere in violation of the requirements of Regulation (EC) № 1005/2009 and the ordinance under Art. 17, para. 1, shall be fined 100 lev per 1 kg of the substance released to the atmosphere, according to a pecuniary penalty of 200 lev per 1 kg of the substance released to the atmosphere.
(10) A person who allowed the release of fluorine-containing greenhouse gases into the air in violation of the requirements of Regulation (EU) № 517/2014 and the ordinance under Art. 17, para. 2, shall be fined 100 lev for every one ton of CO2 equivalent emitted, respectively with a property sanction of 200 lev for every one ton of CO2 equivalent emitted.
(11) A fine of 3,000 to 10,000 lev, respectively with a property sanction from 5,000 to 15,000 lev, a person who:
1. recovers, recycles, reclaims or destroys substances that deplete the ozone layer, in violation of the requirements of Regulation (EC) № 1005/2009 and / or ordinance under Art. 17, para. 1;
2. recovers, recycles, reclaims or destroys fluorine-containing greenhouse gases in violation of the requirements of Regulation (EU) № 517/2014 and / or ordinance under Art. 17, para. 2.
(12) A person who carries out activities under Art. 17b para. 1 no license required, shall be fined 3,000 lev.
(13) A person who carries out activities under Art. 17b para. 2 without paper qualifications, shall be punished with proprietary sanction 15 000 Levs.
(14) A person who carries out checks for leaks of refrigeration and air conditioning systems, heat pumps, containing 3 kg or more substances that deplete the ozone layer no license required, shall be fined 1,000 lev, respectively with a property sanction in the amount of 2,000 lev.
(15) Any person effecting service and maintenance of refrigeration, air conditioning or heat pump equipment, or fire protection systems and fire extinguishers containing substances that deplete the ozone layer, no license required, shall be fined 1,000 lev, respectively with a property sanction in the amount of 2,000 lev.
(16) a person who does not support, does not lead or does not provide file installations containing 3 kg or more substances that deplete the ozone layer under the provisions of Art. 23, paragraph 2 of Regulation (EC) № 1005/2009 and the ordinance under Art. 17, para. 1 is punishable by a fine of 1,000 lev, respectively with a property sanction in the amount of 2,000 lev

(17) A person who does not support, does not lead or not submitted a dossier for stationary refrigeration, air conditioning or fire-fighting equipment, stationary pumps, refrigeration units of refrigerated trucks, trailers, electrical switchgear or motor cycle organic Rankine working agent containing five tons CO2 equivalent or more fluorine-containing greenhouse gases, or 10 tonnes of CO2 equivalent or more, when sealed and labeled as such, under the provisions of Art. 6, paragraphs 1 and 2 of Regulation (EU) № 517/2014 and the provisions of Art. 17, para. 2 and 3 shall be punished by a fine of 500 to 3,000 lev, respectively with a property sanction from 1000 to 6000 Levs.
(18) A fine of 2,000 to 8,000 lev, respectively with a property sanction from 4,000 to 16,000 lev, operator:
1. equipment under Council Regulation (EC) № 1005/2009 does not provide checks for leaks in accordance with Art. 23 of Regulation (EC) № 1005/2009;
2. equipment under Council Regulation (EU) № 517/2014, which provides no checking for leaks according to Art. 4 or 5 of Regulation (EU) № 517/2014.
(19) A person who operates a facility in Art. 23, paragraph 2 of Regulation (EC) № 1005/2009, and allow inspections for leaks or extraction of substances that deplete the ozone layer are carried out by persons who do not have certificates, shall be fined 2,000 lev, respectively with a property sanction 4000 lev.
(20) Operator of equipment under Regulation (EU) № 517/2014, which allows leakage checks, installation, servicing, maintenance or repair of equipment to be carried out by persons who do not have certificates, shall be fined 2,000 lev, respectively with a property sanction amounting to 4,000 lev.
(21) Operator which allows decommissioning or recovery of fluorine-containing greenhouse gases from equipment under Council Regulation (EU) № 517/2014 be carried out by persons who do not have certificates, shall be fined from 3,000 to 10,000 lev, respectively with a property sanction from 6,000 to 20,000 lev.
(22) person who buys fluorine-containing greenhouse gases without having the license required or without hired person holding a license required for installation, servicing, maintenance or repair of equipment under Art. 4, paragraph 2, letter "a" - "f" of Regulation (EU) № 517/2014 and in accordance with Art. 10 of the Regulation shall be fined from 3,000 to 6,000 lev, respectively with a property sanction from 8,000 to 15,000 lev.
(23) A person who buys equipment loaded with fluorine-containing greenhouse gases, which is not airtight closed without having to provide equipment installation be performed by a certified art. 10 of Regulation (EU) № 517/2014 entity shall be fined from 3,000 to 6,000 lev, respectively with a property sanction from 8,000 to 15,000 lev.
(24) A person who fails to submit the information on substances that deplete the ozone layer, and / or fluorine-containing greenhouse gases, as well as products and equipment containing or relying on those substances in accordance with the provisions of Art. 17, para. 1, 2 and / or 3 shall be punished by a fine of 500 to 2,000 lev, respectively with a property sanction from 1000 to 3000 Levs.
(25) A person holding a license required under Art. 17b para. 1 which does not enter data into the information system under Art. 17c par. 3 or insert false information into the system, shall be fined from 500 to 1,000 lev. "
§ 21. In art. 34k words "para. 3 "are replaced with" para. 4, 5 or 6 "and the words" para. 4 "are replaced with" para. 7, 8 or 9 '.
§ 22. Article 42 is amended as follows:
"Art. 42. (1) A person who violates the provision of Art. 18a para. 8, shall be fined 2,000 lev, respectively with a property sanction amounting to 10 000 Levs.
(2) Persons under Art. 18a para. 8 when distributed marine fuels that do not meet the type of fuel specified in the declaration of conformity and / or receipt surrendered fuel if the act constitutes a crime, shall be punished by a fine of 5,000 lev, respectively with a property sanction 40 000 Levs.
(3) in case of repeated violation the fine, respectively proprietary sanction under par. 1 and 2 shall be doubled. "
§ 23. A Art. 34H:
"Art. 34H. (1) A person who does not fulfill the requirements of Regulation № 6 of 26 March 1999 on the procedures and ways to measure emissions of harmful substances into the air from stationary sources (prom. SG. 31 1999 .; amend., SG. 52 of 2000, No. 93 of 2003, SG. 34 of 2011 and No.. 102 of 2012) shall be liable for violations committed by:
1. Chapter Two - a fine of 500 to 10,000 lev, respectively with a property sanction from 1,000 to 20,000 lev .;
2. Chapters Three, Four, Five, Six and Seven - a fine of 1,000 to 15,000 lev, respectively with a property sanction from 2,000 to 20,000 lev

(2) For repeated violation the fine or penalty under par. 1 shall be doubled. "
§ 24. In art. 35, para. 1 after the word "fine" shall be added "respectively with a property sanction."
§ 25. A Art. 42a:
"Art. 42a. (1) The Mayor of the municipality who did not develop the programs under Art. 27 para. 1 within the period specified in the regulations under Art. 6 para. 1 shall be fined from 2,000 to 5,000 lev.
(2) The Mayor of the municipality or official who fails to comply with the instructions of the Minister of Environment and Water of art. 27 para. 4 shall be fined from 1,000 to 4,000 lev.
(3) The Mayor of the municipality or official who fails to fulfill its obligations under the organization of the implementation of the measures under Art. 27 para. 1 or in the operational plan of art. 30 shall be punished by a fine of 1,000 to 5,000 lev. "
§ 26. In art. 43 be made the following amendments:
1. Paragraph 2 is repealed.
2. A new paragraph. 4 and par. 5:
"(4) The acts for establishing the offenses under Art. 27, 30, 34i, 34k and 42a are drawn up by officials authorized by the Minister of Environment and Waters or the director of the Regional Inspectorate.
(5) The penal provisions under par. 4 issued by the Minister of Environment and Waters or by an authorized officer or a director of the Regional Inspectorate or by an authorized officer. "
Third. Former para. 4 becomes para. 6.
§ 27. In art. 43a para. 1, 'and 34d "are replaced by" 34year and 42 ", and finally added" par. 1 ".
§ 28. A Art. 43c:
"Art. 43c. (1) A person who uses or permits to be used in marine fuel supply systems bunker fuel which complies with the requirements of the ordinance under Art. 8, para. 1 shall be fined from 5,000 to 15,000 lev.
(2) The issuance and service of documents for establishment of violations, filing of objections against them, filing and service of criminal warrants and securing the collection of fines imposed are carried out under the terms and conditions of Art. 122-124 of the Law on maritime spaces, inland waterways and ports of the Republic of Bulgaria. "
§ 29. Article 44 is repealed.
§ 30. In additional provisions be made the following amendments:
1. In § 1:
a) point 21 shall be amended as follows:
"21. "Liquid fuels" are combustible liquid products derived from petroleum or of biological origin, or mixtures thereof: automotive gasolines, diesel fuels, biofuels, fuel for non-road machinery and tractors, marine fuels used as an energy source for engines combustion and gas oils for industrial and communal purposes, liquid fuels from biomass boilers and heavy fuel oil for other energy conversion devices suitable for this purpose. "
B) paragraph 30 is amended as follows:
"30. "Changing circumstances" e change of raw materials, manufacturing processes, the operator of the installation, the address of the installation. "
C) are created t. 32, 33 and 34:
"32. "Operator of a motor vehicle" is a concept within the meaning of Art. 2 point 8 of Regulation (EU) № 517/2014.
33. "Zone low emission of harmful substances" is part of the municipality in which they are introduced restrictions on certain activities in order to reduce air pollution.
34. "Dossier" is documentation that establishes, maintains and waters:
a) equipment containing substances that deplete the ozone layer, in accordance with Art. 23, paragraph 2 of Regulation (EC) № 1005/2009 and the ordinance under Art. 17, para. 1;
B) equipment containing fluorine-containing greenhouse gases in accordance with Art. 6, paragraphs 1 and 2 of Regulation (EU) № 517/2014 and the provisions of Art. 17, para. 2 and 3. "
2. Paragraph 1a is repealed. 3
. In § 1b finally adds "and Directive 2012/33 / EC of the European Parliament and of the Council of 21 November 2012 amending Directive 1999/32 / EC as regards the sulfur content of marine fuels (OJ L 327/1 of 27 November 2012). "
§ 31. The application of art. 31a para. 2 pt. 5 is repealed. Final provisions

§ 32. In the Law on Biological Diversity (prom. SG. 77 of 2002 .; amend., SG. 88 and 105 of 2005, pcs. 29, 30, 34 and 80 in 2006, pcs. 52, 53, 64 and 94 of 2007, pcs. 43 of 2008, pcs. 19, 80 and 103 of 2009, pcs. 62 and 89 of 2010 No.. 19 and 33, 2011, issue. 32, 59 and 77 of 2012, pcs. 15, 27 and 66 of 2013, pcs. 98 2014 pcs. 61 2015 ) the following amendments:
1. In art. 43a para. 2 finally put a comma and added "hereafter" Regulation (EC) № 1007/2009 ", and Regulation (EU) № 737/2010 of 10 August 2010 laying down detailed rules for the implementation of Council Regulation ( EC) № 1007/2009 of the European Parliament and of the Council on trade in seal products (OB, L 216/1 of 17 August 2010), hereinafter referred to as "Regulation (EU) № 737/2010".
2. In art. 67 para. 2 is amended as follows:

"(2) The activities under par. 1 can be resolved based on the designed program if the following conditions are met:
1. positive conclusion made by the scientific report commissioned by the competent authority under par. 3, including a risk assessment, taking into account the items described in Art. 5, paragraph 1, letter "a", "b", "d", "e", "f", "g" and "h" of Regulation (EU) № 1143/2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and management of the introduction and spread of invasive alien species (OB, L 317/35 of November 4, 2014), hereinafter referred to as "Regulation (EU) № 1143/2014", and as far as possible , those described in "c" of the same paragraph;
2. an effective act of procedure performed under Chapter Six of the Law on Environmental Protection and / or art. 31 of this Act; 3
. positive decision of the National Council on Biodiversity. "
third. In art. 68:
a) in para. 1 after the words "species" is added "and restore lost populations or support and stabilization of populations in poor condition";
B) a par. 3:
"(3) The activities under par. 1 is carried out using specimens and / or genetic material from wild species originating from the same or from genetically closest to restoring the population, after a favorable opinion of the scientific body. "
4. In the title of Chapter Four is a second sentence: "Prevention and control the introduction and spread of invasive alien species."
5. Article 70 is amended as follows:
"Art. 70. The provisions of this Chapter shall apply to:
1. specimens of species included in Annexes A, B, C and D to art. 3 of Regulation (EC) № 338/97 of the Council of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (OB, L 61/1 from March 3, 1997), hereinafter referred -natatak "Regulation (EC) № 338/97";
2. specimens of species designated under Art. 4, paragraph 1 of Regulation (EU) № 1143/2014. "
6. In art. 72, para. 1 shall be added "and Regulation (EU) № 1143/2014".
7. In art. 73, para. 1 after the words "Regulation (EC) № 865/2006" a comma and added "Regulation (EU) № 1143/2014".
8. Article 86 is amended as follows:
"Art. 86. The customs authorities shall customs supervision and control over the import and / or export of specimens of species of art. 43a and Art. 70 outside the customs territory of the Republic of Bulgaria in accordance with this law, customs legislation and requirements:
1. Regulation (EC) № 338/97 and Regulation (EC) № 865/2006;
2. Regulation (EC) № 1007/2009 and Regulation (EU) № 737/2010; 3
. Regulation (EU) № 1143/2014. "
9. In art. 87, para. 1 after the words "Art. 70 "a comma and added" item. 1 ".
10. In art. 100 after the words "Art. 70 "a comma and added" item. 1 ".
11. In art. 102, para. 1 and 4, after the words "Art. 70 "a comma and added" item. 1 ".
12. In art. 102b para. 1 after the words "Art. 70 "a comma and added" item. 1 ".
13. In art. 104, para. 1:
a) in item. 1 shall be added "for the types of art. 70 pt. 1 ";
B) in item. 2 conjunction "or" is replaced by "and" and finally "or specimens of art. 70 pt. 2 ".
14. In art. 106, para. 1:
a) in item. 2 finally added "and types of art. 70 pt. 2 ";
B) in item. 3 finally added "in the country or in other countries - members of CITES, where there are suitable conditions for growing ';
C) are created pt. 6 and 7:
"6. granting them national or international organizations or institutions carrying out programs for reintroduction in countries where the species is naturally distributed;
7. destruction of specimens if they are types of art. 70, item. 2. "
15. In art. 115, para. 1 m are created. 16, 17 and 18:
"16. give consent for access to genetic resources of natural flora and fauna;
17. traces in its jurisdiction for compliance on the part of users of genetic resources and traditional knowledge associated with genetic resources in connection with due diligence in accordance with Regulation (EU) № 511/2014 of the European Parliament and the Council of 16 April 2014 on measures to be followed by users resulting from Nagoya Protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their use in the European Union (OB, L 150/59 of May 20, 2014 ), hereinafter referred to as "Regulation (EU) № 511/2014";
18. is the competent authority for implementing Regulation (EC) № 1143/2014, with the exception of Art. 15 thereof. "
16. In art. 118:
a) the previous text becomes para. 1;
B) The par. 2, 3 and 4:
"(2) The Minister of Agriculture and Food agrees to access agricultural and forest genetic resources.
(3) The Minister of Economy gives consent for access to genetic resources from industrial microorganisms, viruses and cell cultures.
(4) The competent authorities under par. 2 and 3:

1. within their competence ensure compliance on the part of users of genetic resources and traditional knowledge in connection with due diligence in accordance with Regulation (EU) № 511/2014;
2. may entrust authorized by them officials of their assigned functions for access to genetic resources. "
17. In art. 122, para. 1 created item. 5:
"5. consuming permits issued under Regulation (EC) № 1143/2014, when they violated the terms and conditions contained therein or in art. 8 of the regulation and / or stop actions that are in violation of the regulation. "
18. A Art. 127a:
"Art. 127a. For deliberately withholding or providing false information under Art. 4 and 7 of Regulation (EU) № 511/2014 of the competent authority under Art. 115, para. 1 and Art. 118, para. 2 and 3 natural persons shall be fined from 1,000 to 6,000 lev and legal persons and sole traders property sanction from 5000 to 20 000 Levs. "
19. A Art. 127b:
"Art. 127b. (1) For violations of art. 7, paragraph 1, letter "b", "c", "d", "e", "f" and "g" of Regulation (EU) № 1143/2014 natural persons shall be fined from 1,000 to 6,000 lev and legal persons and sole traders property sanction from 5,000 to 20,000 lev.
(2) For violations of art. 7, paragraph 1, letter "a" and "h" of Regulation (EU) № 1143/2014 natural persons shall be fined from 1500 to 8000 Levs and legal persons and sole traders property sanction from 8000 to 25 000 lev.
(3) violations of the requirements of the permit under Art. 8 paragraphs 2 and 3 of Regulation (EU) № 1143/2014 natural persons shall be fined from 800 to 5,000 lev and legal persons and sole traders property sanction from 6000 to 20 000 Levs. "
20. In art. 128B words "and Regulation 865/2006" are replaced by "Regulation (EC) № 865/2006, Regulation (EU) № 511/2014 and Regulation (EU) № 1143/2014".
21. In art. 129 par. 3 is amended as follows:
"(3) Paragraph 2 shall not apply in the case of confiscated specimens of the state of art. 37 of this Act and in Annex A to Regulation (EC) № 338/97, as well as specimens of species of art. 70 pt. 2 - subject of the infringement. In these cases the order is carried out respectively under Art. 39, para. 2 and 3 or Chapter Four, Section VI. "
22. In § 1 of the additional provision:
a) the item. 12:
"12a. "Forest Genetic Resources" are natural genetic resources of tree, shrub and hunting species. "
B) the item. 18a:
"18a. "Natural genetic resources" are all genetic resources of the Republic of Bulgaria of its natural flora, fauna and microorganisms micota, including pathogenic. "
In) the item. 34a:
"34a. "Agricultural Genetic Resources" are the plants and animals of cultural flora and fauna - the subject of husbandry. "
§ 33. In the Water Act (prom. SG. 67 of 1999 .; amend., SG. 81 of 2000, pcs. 34, 41 and 108 in 2001, pcs. 47, 74 and 91 of 2002, pcs. 42, 69, 84 and 107 of 2003, pcs. 6 and 70 2004 pcs. 18, 77 and 94 of 2005, pcs. 29, 30, 36 and 65 of 2006 .; corr. SG. 66 of 2006 .; amend. pcs. 105 and 108 2006 pcs. 22 and 59 of 2007, pcs. 36, 52 and 70 of 2008, pcs. 12, 32, 35, 47, 82, 93, 95 and 103 of 2009, pcs. 61 and 98 in 2010, pcs. 19, 28, 35 and 80 of 2011, pcs. 45, 77 and 82 of 2012, pcs. 66 and 103 of 2013, pcs. 26, 49, 53 and 98 of 2014 pcs. 12, 14, 17, 58, 61 and 95 of 2015) is amended as follows:
1. In art. 75 para. 1, 't. 2 "are replaced by" item. 3 '.
2. In art. 118c par. 2 words "item. 2 "are replaced by" item. 3 '. 3
. In art. 141, para. 1, p. 3, 'Minister of Energy' is replaced by "the Minister of Economy."
§ 34. The Law on Environmental Protection (prom. SG. 91 of 2002 .; corr., No. 98 2002 .; amend., SG. 86 of 2003, SG . 70, 74, 77, 88, 95 and 105 of 2005, pcs. 30, 65, 82, 99, 102 and 105 of 2006, pcs. 31, 41 and 89 of 2007, pcs. 36 52 and 105 of 2008, pcs. 12, 19, 32, 35, 47, 82, 93 and 103 of 2009, pcs. 46 and 61, 2010, issue. 35 and 42 of 2011 No.. 32, 38, 53 and 82 of 2012, pcs. 15, 27 and 66 of 2013, pcs. 98 2014 pcs. 62, 95 and 96 of 2015) the following amendments:
1. In art. 103, para. 6 anywhere after the words "Minister of Environment and Water" insert "or an authorized officer."
2. Annex № 3 to Art. 103, para. 1, Part 1, column 1, the "P" line "P5A" words "below" are replaced by "at temperatures above" and the word "store" is replaced by "hold."
§ 35. In the Law of the responsibility for preventing and remedying environmental damage (prom. SG. 43 of 2008 .; amend., SG. 12, 32 and 35 of 2009, pcs. 77 and 98 in 2010, pcs. 92 of 2011, pcs. 14 and 53 of 2012 and SG. 62 of 2015) in art. 4 para. 1 p. 2 is amended as follows:
"2. triggers that cause a significant negative impact on:

A) the ecological, chemical or quantitative status or ecological potential of surface and groundwater under the Water Act, except for the negative effects in which art. 156f of the Water Act, or
b) the state of the environment in marine waters under the ordinance of art. 135, para. 1, p. 19 of the Water Act, to the extent certain aspects of the environmental status of the marine environment are not governed by the same law. "
§ 36. This Act shall enter into force on the day of its promulgation in the" Official Gazette " except:
1. paragraph 8 on art. 17c par. 3, 4, 5 and 6, which come into force on January 1, 2017 .;
2. paragraph 20 on Art. 34i para. 7, which comes into force from January 1, 2018
law was adopted by the 43rd National Assembly on December 11, 2015 and was affixed with the official seal of the National Assembly.
Chairman of the National Assembly Tsetska Tsacheva
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