Law Amending The Law On The Protection Of The Environment

Original Language Title: Закон за изменение и допълнение на Закона за опазване на околната среда

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15266/

Name of law Law amending the law on the protection of the environment Name of Bill a bill amending and supplementing the law on environmental protection acceptance date 30/07/2015 number/year Official Gazette 62/2015 Decree No 160

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending the law on the protection of the environment, adopted by the National Assembly of HLIÌI 30 July 2015.

Issued in Sofia on 3 August 2015.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Hristo Ivanov

LAW

amending and supplementing the law on environmental protection (official SG. 91 of 2002; Corr. 98/2002; amend., 86/2003, no. 70, 74, 77, 88, 95 and 105 by 2005, issue 30, 65, 82, 99, 102 and 105 of 2006, issue 31, 41 and 89 of 2007, issue 36 , 52 and 105 of 2008, PCs. 12, 19, 32, 35, 47, 82, 93 and 103 of 2009, PCs. 46 and 61 from 2010, PC. 35 and 42 by 2011, issue. 32, 38, 53, and 82 by 2012 PCs. 15, 27 and 66 by 2013, and PCs. 22 and 98 by 2014)

§ 1. In art. 11, para. 1 item 8 (a) shall be replaced by the following:

' 8A. implements organization and coordination under Regulation (EC) no 1293/13 of the European Parliament and of the Council of 11 December 2013 establishing a programme for the environment and climate change actions (LIFE) (OJ L 347/185 of 20 December 2013). "

§ 2. In art. 71, para. 1, after the words "decisions on" a comma and add "the decisions approving reports."

§ 3. In art. 85, para. 2 before the word "amendments" is added "minor," and after the word "measured" is added "only" and the comma is deleted.

§ 4. In art. 88 Al are created. 3 and 4:

(3) Interested persons may appeal against the decision or opinion under paragraph 2. 1 pursuant to the administrative code within 14 days of notification.

(4) the opinion or decision referred to in paragraph 1. 1 loses legal effect if, within five years from its entry into force is not approved the plan or programme, which is established by examination by the competent authority on the environment. "

§ 5. In art. 93, para. 2 item 5 is created:

"5. the investment proposals, their extensions or amendments affecting the territory, controlled by two or more WATER."

§ 6. Art is created. 99 (b):

"Art. 99 (b). (1) the approval of an investment proposal pursuant to this chapter for the construction of new and planned amendments or extensions to existing plant/facility with low or high risk potential is carried out on the basis of further information and evaluation of:

1. the type and quantity of dangerous substances in annex 3, which will be available in an enterprise/facility, and the capacity of the facilities for their storage and use;

2. the risks of major accidents and the planned measures and means to prevent, control and limiting the consequences of major accidents for human health and the environment;

3. safety distances of the establishment/facility to residential areas, recreational areas and recreation, neighbouring enterprises and objects, areas and construction sites, which may be the source of or to increase the risk or consequences of a major accident and cause a domino effect, major transport routes and areas with particular environmental importance or significance for the environment, protected by virtue of legal or administrative act.

(2) the information and assessment under paragraph 1. 1 shall be submitted by the sponsor of the investment proposal as part of the required documentation, as follows:

1. under the procedure for assessing the need to carry out ENVIRONMENTAL IMPACT ASSESSMENT – as an annex to the determined by the Ordinance under art. 101, para. 1 information;

2. in the case of the EIA procedure – as an annex to the EIA report under art. 96, para. 1.

(3) where the operator and the contracting authority are different persons, the information referred to in para. 1 shall be drawn up and presented by the contracting authority of the investment proposal.

(4) the information and assessment under paragraph 1. 1 shall be agreed with the authorities ex officio under art. 114, para. 2 within the time limits provided for in the relevant EIA procedure.

(5) on the basis of the information and the assessment under paragraph 1. 1 and received in the course of the EIA procedure opinions, comments and suggestions in the decision under art. 93, para. 2 or 3, respectively, in the decision under art. 99, para. 3 fit the motives for the approval of the location and confirmation of safety distances and set conditions for the facilities and technologies, as well as to the safety report. For the purposes of subsequent control the decision shall describe in detail the type and amount of hazardous substances of annex 3, as well as the activities and facilities in which these substances are available.

(6) the competent authority under art. 93, para. 2 or 3 issues a decision to carry out an EIA, when, on the basis of the information and the assessment under paragraph 1. 1 considers that due to the location of the plant/facility is likely to be a significant negative impact on the environment and/or human health. In the decision, the competent authority and the contracting authority shall include the requirement to examine and consider in the EIA report alternative solutions, including the different location of the establishment/facility, a different scale or model of the course of business, alternative technologies and/or an alternative solution for the type and quantities of dangerous substances.


(7) the Decision for approval of investment proposal is issued, when, on the basis of the information and the assessment under paragraph 1. 1 in the EIA procedure, it is established that because of the location of the plant/facility investment proposal will have a significant negative impact on the environment and/or human health.

(8) in the Ordinances under art. 101, para. 1 and art. 103, para. 9 lay down the conditions and procedures for the joint application of the procedures under this chapter and Chapter 7, section I, as well as the requirements for the form and content of the information and documentation required under para. 2. "

§ 7. In Chapter 7 section I with art. 103-116 and is repealed.

§ 8. In chapter seven establishes a new section I with new art. 103-116 (h):

"Section I

Control of major-accident hazards

Art. 103. (1) in order to prevent major accidents with dangerous substances and the limitation of their consequences for the lives and health of people and the environment each operator of a new or existing plant and/or facility in which hazardous substances are available in annex 3, is obliged to carry out the classification of the enterprise and/or the facility in accordance with the criteria set out in annex 3 to document and work classification.

(2) in cases where the undertaking and/or facility at al. 1 is classified as an undertaking and/or facility with low risk or potential venture and/or facility with a high risk potential, the operator is required to submit to the Minister of environment and water notification for the classification.

(3) Notification of the classification contains the following information:

1. name and/or trade name, identification number of the operator and the full address of the establishment and/or facility;

2. the registered office of the operator and the full address;

3. the name and job title of the person responsible for the establishment, if different from that under item 1;

4. dangerous substances and categories of substances or of the hazard of substances which are likely to be available in the establishment and/or facility;

5. the quantity and physical form of the dangerous substance and the substances in the establishment and/or facility;

6. activities or planned activity of the facility, including storage facilities;

7. a description of the environment surrounding the establishment and/or facility, and the factors that could cause a major accident or to aggravate the consequences thereof, including, where available, information on neighbouring enterprises as well as to objects, areas and construction sites, which do not fall within the scope of this section, but can be a source of or to increase the risk or consequences of a major accident and the domino effect;

8. additional information on the establishment/facility for the purposes of reporting under art. 111, para. 1, item 4, as determined by the Ordinance under para. 9.

(4) the operator of a new venture and/or facility with low or high risk potential filed a notification for the classification, as well as for his every update:

1. before submitting an application for the coordination and approval of the investment project in accordance with Chapter 8, section II, of the Act on spatial planning, or before amendments to the enterprise and/or the facility, leading to change in the list of dangerous substances;

2. for businesses and/or facilities that fall within the scope of Annex No. 1 or 2 to the competent authority referred to in Chapter vi, section III simultaneously with information under art. 95, para. 1, when the information referred to in para. 3 available at this stage. The notification shall be considered by the Minister of environment and water.

(5) the operator of an establishment and/or facility with low or high risk potential is obliged to submit to the Minister of environment and water notification for the classification, as well as for his every update: 1. prior to any modification which results in a change in the list of dangerous substances from part 1 and/or 2 of annex 3, available in the enterprise and/or facility;

2. before any significant increase or decrease in the quantity or significant change in the nature or physical form of a dangerous substance that is available in the enterprise and/or facility, as specified in the notice of the work or before any significant change in the processes of its use;

3. before any amendment of an undertaking and/or installation which could have significant repercussions on major-accident hazards;

4. after final closure or decommissioning of the plant/facility;

5. after a change in the information provided by the operator with the notification for the classification of the name and/or trade name of the operator and the full address of the establishment and/or facility, the headquarters of the operator or full address and/or name and job title of the person who is responsible for the establishment and/or equipment, if different from that of the operator.


(6) the Minister of the environment and waters within 10 days of the filing of the notice of the classification taxonomy work acknowledges or notify the operator about the shortcomings in the content of the information referred to in para. 3 and/or inconsistencies in the classification carried out in accordance with the criteria listed in annex 3, giving written instructions and shall set a deadline for their removal. Minister of environment and waters in writing notify the Executive Director of the Executive Environment Agency and bodies under art. 114, para. 2 as regards the classification of the establishment/facility and sends a copy of the notification.

(7) in the cases referred to in para. 4, item 2 the operator/the contracting authority shall be notified of the confirmation of the classification by the order of the Ordinance under art. 101, para. 1 on the basis of a written confirmation from the Minister of environment and water.

(8) this section shall not apply to:

1. establishments or facilities, including storage facilities, in which:

a) functions of the operator shall be implemented by the Department of Defense or any other legal person by the armed forces of the Republic of Bulgaria in accordance with the law on defence and the armed forces of the Republic of Bulgaria;

(b) activities are carried out) with dangerous substances, provide services and/or produce military products for the purposes of the defence and security of the country, for which permits have been issued in accordance with the law on weapons, ammunition, explosive substances and pyrotechnic articles, and/or are special objects relating to the defence and security of the country, within the meaning of § 5, item 63 of the additional provisions of the law on spatial planning;

2. the hazards created by ionizing radiation induced by substances;

3. the carriage of dangerous substances and directly related intermediate temporary storage during carriage by road, rail, inland waterway, sea or air, outside the territory of the establishments referred to in paragraph 1. 2, including loading, unloading and/or transportation to or from another vehicle at docks, wharves or marshalling yards;

4. the carriage of dangerous substances in pipelines, including the relevant pump/compressor stations outside of the publication. (2);

5. operation, in particular the survey, extraction or processing of minerals in mines and quarries, including by drilling wells, with the exception of:

a) in underground gas storage depots of the drought in geological formations, aquifers, salt caverns and abandoned mines;

b) chemical and thermal processing operations and storage related to those which involve dangerous substances;

in) operating facilities for the disposal of extractive waste, including ponds or šlamohraniliŝa containing hazardous substances;

6. exploration and exploitation of offshore minerals, including hydrocarbons;

7. storage of gas in underground depots in the sea, which includes stores exclusively for storage and landfill, and exploration and exploitation of minerals, including hydrocarbons;

8. landfills, including the underground storage of waste, with the exception of:

a) chemical and thermal processing operations and storage related to those which involve dangerous substances;

b) operating facilities for the disposal of extractive waste, including ponds or šlamohraniliŝa containing hazardous substances;

in areas used for) storage of metallic mercury in accordance with art. 3 (1) (b) of Regulation (EC) no 1102/2008.

(9) the Council of Ministers shall adopt Ordinance for preventing major accidents with dangerous substances and the limitation of their consequences.

Art. 104. (1) measures for the prevention of major accidents and the limitation of their consequences for human health and the environment shall be taken into account in:

1. spatial planning of the territory, and

2. planning of the protection of the population and the environment.

(2) in the spatial planning of territory control is carried out:

1. the location of the new businesses and/or facilities with low or high risk potential;

2. changes in businesses and/or facilities with low or high risk potential;

3. planning of new developments, including the construction of transport routes, residential areas, objects of public use in the vicinity of existing establishments and/or facilities with low or high risk potential, where the deployment or new developments can be a source or to raise the dangers or consequences of a major accident occurred in these enterprises/facilities.

(3) under para. 2 takes place in:

1. approving investment proposals pursuant to chapter six of this law and/or allow construction in accordance with Chapter 8, section II, of the Act on spatial planning for cases under para. (2);

2. approval of the reports by the procedure of art. 109 – 115 for the construction and/or operation of new or modification of existing enterprises and/or facilities with high risk potential, or parts thereof;

3. coordination of development plans and their amendments when planning developments in the cases referred to in para. 2, including development plans of municipalities and detailed development plans for land within the territory of which have establishments or facilities with low or high risk potential of art. 127, Pará. 2 of the law on spatial planning.

(4) Through the control of para. 2 provides:


1. maintain the safety distances of businesses and/or facilities with low or high risk potential to residential areas, sites and areas, recreation areas and, where possible, major transport routes;

2. maintain the safety distances of businesses and/or facilities with low or high risk potential or other appropriate measures to areas with particular environmental sensitivity or interest, and objects of cultural heritage in the vicinity of plants, where appropriate, with a view to their protection;

3. undertake additional technical measures to limit the risks to human health and the environment in the case of existing establishments and/or facilities with low or high risk potential.

(5) for the purposes of paragraphs 1 and 2. 3 and 4, the operator of an establishment and/or facility with the upper tier shall provide the relevant competent authority in Chapter 8, section II, of the Act on spatial planning full information on the risks to human health and the environment arising from the presence of hazardous substances in annex 3 to that undertaking and/or facility and of the measures to prevent major accidents with these substances and the limitation of their consequences. The operator of an establishment and/or facility with low tier provides this information upon request of the relevant competent authority.

(6) in the cases where the objects under para. 2 fall within the scope of Chapter vi, the information referred to in para. 5 provide the early stage for the purposes of consultation with the affected public.

(7) when issuing decisions on the approval of reports under this section or of the decisions for approval of development plans in accordance with spatial planning Act, which provides for the construction and operation of establishments or facilities with low or high risk potential or works under para. 2, item 3, the relevant competent authority shall take into account the opinions concerning identified risks of major accidents in enterprises/equipment obtained respectively for public access under art. 115, para. 1 and 2 or for consultations under art. 87, para. 2.

Art. 105. (1) the operator of an establishment and/or facility with low risk potential and the establishment and/or facility with high risk potential is obliged to:

1. take the necessary measures at any time to prevent major accidents and to limit their consequences for human health and the environment;

2. is ready at any time to verify, including for the purposes of control of the commissions referred to in art. 157 a, para. 2 it has taken all necessary measures referred to in paragraph 1;

3. provide the necessary assistance to the commissions under art. 157 a, para. 2 inspection of the establishment/facility, including sampling and collection of the information necessary for establishing the performance of duties under this section and the Ordinance under art. 103, para. 9;

4. develop a policy for preventing major accidents (PPGA) and to ensure its correct implementation by appropriate means, structures and management system of safety measures (SUMB);

5. prepare a report on the major-accident prevention policy (DPPGA) in which to expose the PPGA and SUMB.

(2) the major-accident prevention policy should:

1. is proportionate to the major-accident hazards and to take account of the complexity of organisation of the activities in the enterprise;

2. include the objectives of the operator as a whole and the principles of action, the role and responsibility of the management, and commitment to continuous improvement of the control of major accident hazards on the part of the operator;

3. provides a high level of protection of human health and the environment through the planning, development and implementation of appropriate resources, structures and management systems.

(3) for businesses and/or facilities with low risk potential for the application of the obligation PPGA can be satisfied through other appropriate means, structures and management systems, other than those referred to in paragraph 1. 1, item 4, if they recognized the dangers of major accidents and meet the requirements for the scope and content of the PPGA, as defined by the Ordinance under art. 103, para. 9.

Art. 106. (1) the operator of a new venture and/or facility with low tier shall draw up and submit DPPGA and every update to the Director of the REGIONAL INSPECTORATE in whose territory is situated the establishment/facility within three months before the commissioning of the plant/facility or amendments to it, which lead to a change in the list of dangerous substances.

(2) the Director of REGIONAL INSPECTORATE or an official authorised by him within 14 days of receipt of the DPPGA confirms the completeness and consistency of the report with the requirements of the Ordinance under art. 103, para. 9 or notify the operator admitted errors and incompleteness in the form and content of DPPGA and shall set a deadline by one month for removing them. If necessary, the Director of the REGIONAL INSPECTORATE may request the opinion of the authorities referred to in art. 157 a, para. 2 on the completeness and conformity of the DPPGA.

(3) the establishment and/or facility under para. 1 is introduced into service after the representation of the full DPPGA in accordance with the requirements for coverage and content, determined by the Ordinance under art. 103, para. 9, which attests that the operator has provided all necessary measures for preventing major accidents and limiting their consequences.


(4) within 7 days from sending pot in v″rždenieto al. 2 the Director of the REGIONAL INSPECTORATE or an official authorised by him shall send a copy of the report to the authorities under art. 157 a, para. 2 for the purposes of control.

(5) the operator under paragraph 1. 1 is required to review the PPGA and SUMB and, if necessary, update the DPPGA as follows:

1. at appropriate intervals no longer than 5 years;

2. when significant magnification or reduction of the quantities of hazardous substances in the establishment and/or facility;

3. in the event of a change in the establishment and/or equipment or change in a process or in the nature or physical form, the quantity of dangerous substances which could have significant repercussions on major-accident hazards or may lead to classification of the undertaking and/or establishment and/or the facility or facility with high risk potential;

4. after the occurrence of a major accident in the enterprise and/or facility;

5. on its own initiative or at the request of the Director of the RIEW, subject to the availability of new data or scientific information for the safe operation of the enterprise and/or facility and/or as a result of the control.

(6) where, in the cases referred to in paragraph 1. 5, it is established that not having an update of DPPGA, the operator must document the data and conclusions of the review and to provide the documentation to the Commission under art. 157 a, para. 2 for the purposes of control.

Art. 107. (1) the operator of an establishment and/or facility with high risk potential is required to develop and implement:

1. the safety report;

2. the report on the major-accident prevention policy;

3. internal emergency plan of the enterprise.

(2) the form and content of the documents referred to in para. 1 shall be determined by the Ordinance under art. 103, para. 9.

(3) with the safety report the operator must certify that:

1. the major-accident prevention policy and the system for the management of the safety measures necessary for its implementation, are put in place;

2. major-accident hazards and the possible scenarios for the major-accident hazards are identified and take all necessary measures to prevent such accidents and to limit their consequences for human health and the environment;

3. provides a high level of safety and security in model construction, operation and maintenance of any facility, including storage facility, equipment and infrastructure connected with its operation which are linked to major-accident hazards inside the establishment;

4. internal emergency plan has been drawn up of the enterprise;

5. the Mayor of the municipality in whose territory the undertaking and/or facility, provide the necessary information for the preparation of external emergency plan of the establishment/facility;

6. provide sufficient information for making decisions by the competent authorities under Chapter vi and the spatial planning Act concerning deployment of new activities or developments around the enterprise and/or facility.

(4) in drawing up the internal emergency plan, the operator of an existing plant and/or facility with high risk potential is obliged to consult with the staff of the enterprise, including with staff who work on long-term contracts for subcontracting activities in the enterprise.

(5) an operator who has drawn contingency plans under an obligation imposed by the other Act, is required to take the necessary action to ensure that this plan is implemented immediately in the event of:

1. a major accident, or

2. an uncontrollable event which may be expected to cause a major accident.

Art. 108. (1) the Mayor of the municipality in whose territory the undertaking and/or facility with high risk potential, is obliged to draw up and ensure the implementation of the external emergency plan of this company/facility, with a description of the measures to be taken outside the establishment/facility. External emergency plan shall be drawn up as part of the municipal plan for disaster protection under art. 9, para. 10 of the law on disaster protection.

(2) external emergency plan under paragraph 1. 1 shall be drawn up, update and adopt, in accordance with art. 9, para. 10 and 11 of the disaster protection act and on the basis of the information provided by the operator under art. 116 (h), para. 3, item 2, within 6 months from the date of its submission.

(3) the project an external emergency plan under paragraph 1. 1 and every substantial change shall be agreed by the Mayor of the municipality of:

1. the public concerned;

2. the operator of the establishment/facility;

3. the relevant REGIONAL INSPECTORATE in whose territory is situated the establishment/facility;

4. the constituent parts of the single rescue system involved in the implementation of the measures in the external emergency plan and disaster protection.

(4) the form and content of the external emergency plan shall be determined by the Ordinance under art. 103, para. 9.

(5) Every municipality Mayor, prepared the external emergency plan shall:

1. at appropriate intervals of not more than three years, to review, verify and, where necessary, update the external emergency plan; the review is carried out after the issuance of a new decision under art. 116, para. 1, item 1 to approve the safety report or receipt of information under art. 116, para. 4 and takes into account the changes that have occurred in the establishment or the relevant emergency services in disaster protection act, new technical knowledge, and knowledge concerning the response to major accidents;

2. periodically organizes and conducts training and exercises with the plan under paragraph 1. 1.


(6) by 31 January each year the mayors of municipalities in whose territory they are located companies and/or facility with a high risk potential, presented to the directors of the relevant information concerning the REGIONAL INSPECTORATE conducted drills and exercises of the external emergency plans in accordance with the Ordinance under art. 103, para. 9.

Art. 109. (1) the construction and operation of new and existing plant operation and/or facility with high risk potential or parts thereof shall be carried out after the issuance of the decision of the Executive Director of the Executive Environment Agency for approval of the report on safety under the conditions and in accordance with this section.

(2) the provisions of para. 1 applies to planned amendments/extensions in existing businesses and/or facilities with high risk potential.

(3) the decision on para. 1 it is mandatory for the issuance of a building permit and/or the facility in accordance with spatial planning act.

(4) the exemption under para. 3 allowed for companies/facilities as well as the planned amendments/extensions in them which is over the EIA procedure in accordance with Chapter vi, section III with the judgment, which is approved and confirmed location safety distances in accordance with art. 99 b, para. 5.

Art. 110. (1) the Executive Director of the Executive Agency for the environment is the competent authority for issuing and revocation of decisions decisions under art. 116 under the conditions and in accordance with this section and maintains archives of the acts.

(2) the authority under para. 1 with a reasoned decision terminating the operation of a decision under art. 116, para. 1. after receiving information from the Minister of environment and water or an official authorised by him upon presentation of the updated notice under art. 103, para. 2 on:

1. the significant reduction in the quantity or a change in the list of dangerous substances, on the basis of which the enterprise and/or the facility no longer classify with high risk potential;

2. the final decommissioning of the enterprise and/or facility.

Art. 111. (1) the Minister of the environment and water or an official authorised by him:

1. validate the work carried out by the operators of undertakings classification and/or facilities with low and high risk potential;

2. notify the potentially affected countries and provide information in accordance with the requirements of the Convention on the transboundary effects of industrial accidents, signed on 17 March 1992 in Helsinki (ratified by law – SG. 28 of 1995), when the enterprise and/or facility with high risk potential there is a risk of a major accident with transboundary effects;

3. in the event of a major accident, which meet the criteria for reporting set out in annex No 5, report information under art. 116 d, para. 2 and 3, represented by the operator of an establishment/facility with low or high risk potential in the territory of which the accident occurred, to the electronic database of the European Commission (e-MARS);

4. on the basis of the notifications received for classification under art. 103, para. 2 report information for businesses/equipment with low and high risk potential to the electronic database of the European Commission (e-SPIRS);

5. inform the Commission of the name and address of any body who owns the information on major accidents and may consult the competent authorities of other Member States who take action in the event of such an accident;

6. leads public electronic register of establishments and facilities with low and high risk potential.

(2) form and content of the register under para. 1, item 6 shall be determined by the Ordinance under art. 103, para. 9.

(3) the data on the results of the issuance of decisions under art. 116, para. 1 shall be provided by the Executive Director of the Executive Agency for the environment.

Art. 112. (1) the operator of a new venture and/or facility with a high risk potential, submitted to the Executive Director of the Executive Environment Agency an application for approval of the safety report not later than six months prior to the filing of an application for the issuance of a building permit in accordance with spatial planning act or amendments resulting in a change in the list of dangerous substances.

(2) the form and content of the request under paragraph 1. 1 shall be determined by the Ordinance under art. 103, para. 9.

(3) an application under subsection. 1 the operator applies:

1. the safety report;

2. the report on the major-accident prevention policy;

3. internal emergency plan of the enterprise;

4. documents for attestation of the cases under art. 109, para. 1 or 4 as follows:

a copy of the opinion) by the relevant competent authority in chapter six, section III, that the planned construction or modification/extension of the establishment/facility or parts thereof is not subject to the procedure in chapter six, section III, or

(b)) a copy of the judgment to assess the need for carrying out the EIA, which decided not to carry out EIAS with motifs for the approval of the location and confirmation of the safety distances for the establishment/facility pursuant to art. 99 b, para. 5 data on the type and quantity of dangerous substances in annex 3 and the activities and facilities in which these substances would be available, or


c) copy of the enforceable decision on the EIA for the approval of the investment proposal with justification for approval of location and confirm the safety distances for the establishment/facility pursuant to art. 99 b, para. 5 data on the type and quantity of dangerous substances in annex 3 and the activities and facilities in which these substances are available;

5. a document for paid fee under art. 71, para. 1.

(4) The application referred to in para. 1 the operator may request the Executive Director of the Executive Agency for the environment part of the information in the documents referred to in para. 3 to be declared confidential, when it represents a manufacturing or commercial secret, and shall submit appropriate reasons.

(5) when a part of the information contained in the application referred to in paragraph 1. 1 or the documents referred to in para. 3, represents the State or business secrets or contains personal data, the operator shall submit the appropriate justifications for the implementation of the provisions of the law on the protection of classified information, according to the law on the protection of personal data.

(6) in the cases referred to in para. 4 and 5, the Executive Director of the Executive Environment Agency within 7 days of receipt of the request shall notify the operator in writing whether the application is partially or fully upheld and determined within 5 days of submission of the revised version of the documents in paper and electronic form for the purposes of public access, which does not contain information that is considered confidential.

(7) in the cases under art. 109, para. 4 the application under para. 1 shall be considered by the Executive Director of the Executive Agency for the environment in the presence of the judgment approving the investment proposal under art. 99 b, para. 5. (8) in the cases under art. 109, para. 1 application under para. 1 shall be considered by the Executive Director of the Executive Agency for the environment in the presence of an opinion by the relevant competent authority in chapter six, section III, that the investment proposal is not subject to the procedure in chapter six, section III.

Art. 113. (1) in the cases under art. 109, para. 4 the operator submits an application under art. 112, para. 1 not later than 6 months before the commissioning of the undertaking and/or the equipment or parts thereof.

(2) If examination of the documents referred to in para. 1, the Executive Director of the Executive Agency for the environment provides the use of any information obtained and concluded from the procedures carried out in accordance with Chapter vi and the procedures for issuing, updating or amendment of an authorisation under art. 117, where applicable for the enterprise and/or facility.

(3) the operator under paragraph 1. 1 is required to implement all the measures in the approved safety report, relating to the installation and safe operation of the enterprise and/or facility, and in the cases under art. 109, para. 4 – and the relevant measures and conditions in the decision under art. 99 b, para. 5.

(4) the information in the safety report under para. 3 should correspond to the information submitted to the competent authority of chapter six, section III, as well as the conditions and measures in the judgments that they have completed the relevant procedures for EIA.

Art. 114. (1) the Executive Director of the Executive Environment Agency within 14 days of receipt of the documents referred to in art. 112, para. 3 notify the operator for any errors and omissions in them and set a time limit to 30 days for their removal.

(2) within 7 days after the expiry of the time limit referred to in paragraph 1. 1 or from getting corrected and supplemented documents the Executive Director of the Executive Agency for the environment shall send the documents for an opinion to the Minister of health, Minister of the Interior, the Executive Director of the Executive Agency "General Labour Inspectorate", Mayor of the municipality and the Director of the REGIONAL INSPECTORATE in whose territory is situated the establishment and/or facility.

(3) the Executive Director of the Executive Environment Agency and bodies referred to in para. 2 or empowered by these officials may carry out on-the-spot checks in order to assess the conformity of the documents referred to in art. 112, para. 3 measures required by the operator to prevent major accidents and to limit their consequences.

(4) the bodies referred to in para. 2 sent to the Executive Director of the Executive Environment Agency opinions within one month of receipt of the documents referred to in art. 112, para. 3.

(5) the absence of an opinion of some of the bodies referred to in para. 2 the legal withdrawal period is deemed to be tacit consent.

Art. 115. (1) within the time limit under art. 114, para. 2 the Executive Director of the Executive Environment Agency published an advertisement for an open public access to the documents under art. 112, para. 3, item 1 – 3 of the Agency's Internet site and provides access to the affected public to them within one month from the date of publication of the notice. The Executive Director of the Executive Environment Agency provides the documents and a copy of the notice to the Mayor of the municipality in whose territory is situated the establishment/facility, and in the case of establishments or facilities with the potential for a major accident with transboundary effects shall notify the Minister of environment and waters for the purposes of art. 111, para. 1, item 2.


(2) within 5 days of the receipt of the documents referred to in art. 112, para. 3, item 1 – 3 of the municipality mayor shall inform the public concerned by an ad in the local news media, providing access to them within one month from the date of publication of the notice. The announcement is consistent with the scope and content of the notice under paragraph 1. 1. the Minister of environment and waters shall notify the potentially affected countries and provide information in accordance with the requirements of the Convention on the transboundary effects of industrial accidents.

(3) in the one-month period of public access under para. 1 and 2 representatives of the public concerned may submit written opinions, comments and suggestions on the documentation.

(4) in cases in which it has upheld the request under art. 112, para. 4, the Executive Director of the Executive Agency for the environment and the Mayor of the municipality provide the public documentation processed by the operator in accordance with art. 112, para. 6. (5) within three days after the expiry of the time limit referred to in paragraph 1. 2 Mayor of the municipality of sent time of Executive Director of the Executive Environment Agency public access results, including information on how to ensure it.

(6) the order and the manner of conducting of public access and the content of the notice under paragraph 1. 1 shall be determined by the Ordinance under art. 103, para. 9.

(7) in making a decision under art. 116 the Executive Director of the Executive Agency for the environment take account of the opinions on the documentation obtained from public access.

(8) where, on the basis of an opinion under paragraph 2. 3 or art. 114, para. 4 identify inconsistencies or gaps in the documents referred to in art. 112, para. 1-3, the Executive Director of the Executive Environment Agency instructs the operator and set a time limit of not more than 30 days to correct them.

Art. 116. (1) the Executive Director of the Executive Environment Agency within 30 days after the expiry of the time limit under art. 114, para. 4 or from getting corrected and supplemented documents under art. 115, para. issue 8:

1. the decision on the approval of the safety report, where, as a result of the procedure under art. 109 – 115 establishes that the operator has provided sufficient measures for preventing major accidents and limiting their consequences, which are documented in the safety report and, where applicable, has fulfilled the relevant measures and/or conditions in the decision ended the procedure laid down in Chapter vi, section III, or

2. a decision on the approval of the report on safety when:

a) the operator has not provided the report on safety measures or the measures envisaged are not sufficient to prevent major accidents or for limiting the consequences of them, or the relevant measures are not met and/or conditions in the decisions that ended the procedure laid down in Chapter vi, section III, or

(b)) the operator has not fulfilled the guidelines given and/or has not observed the time limit pursuant to art. 115, para. (8); or

c) Authority under art. 114, para. 2 or a representative of the public concerned has lodged a reasoned objection against the legality of the project realization.

(2) on the basis of the information in the safety report, the Executive Director of the Executive Agency for the environment may by a reasoned decision to release the Mayor of the municipality from the obligation to draw up an external emergency plan for the establishment/facility, in cases where this is not necessary.

(3) the Executive Director of the Executive Agency for the environment on the basis of the information in the updated report on the safety of the plant/facility under art. 116 (g) may, in writing to withdraw the decision to grant an exemption under para. 2, indicating the date of expiry of the period of the exemption, and the date by which the Mayor of the municipality should prepare and present external emergency plan of the establishment/facility.

(4) the Executive Director of the Executive Agency for the environment shall send the decision on para. 2 to the Minister of environment and water, where, on the basis of the documents referred to in art. 112, para. 3 establish that an undertaking and/or facility with a high risk potential, which is close to the territory of a Member State to the Convention on the transboundary effects of industrial accidents, does not give rise to a major accident hazard beyond its boundary and the Mayor is not required to draw up external emergency plans. Minister of environment and waters shall inform the other Member State.

Art. 116. On completion of the examination and approval of the safety report, the Executive Director of the Executive Agency for the environment will draw up a technical report by indicating:

1. the reasons on which the decision is based;

2. a description of the consultation before making the decision, and an explanation of the manner in which the received opinions have been taken into account.

Art. 116 (b). (1) within 7 days of the issuance of a decision under art. 116, para. 1, the Executive Director of the Executive Environment Agency inform the operator of the establishment and/or facility and the authorities under art. 111, para. 1 and art. 114, para. 2 for its issue. For a decision under art. 116, para. 2 or 3 shall be notified to the Mayor of the municipality.

(2) the Executive Director of the Executive Environment Agency disclose any decision under art. 116, para. 1 within 14 days of its issue by the central media, the website of the Agency and/or in some other appropriate manner.


Art. 116. in the resolutions under art. 116, para. 1 may be appealed pursuant to the administrative code within 14 days of their disclosure under art. 116 (b).

Art. 116. (1) in the event of a major accident, the operator of an establishment and/or facility with low or high risk potential, immediately notify the appropriate operational centre of the General Directorate for fire safety and protection of the population "and the Mayor of the municipality immediately threatened by the order of the law for the protection in disasters, as well as the Director of the REGIONAL INSPECTORATE in whose territory is situated the establishment/facility, and proceeded to implement the internal emergency plan of the enterprise.

(2) in the event of a major accident, the operator shall immediately after the Declaration of the event or no later than 30 days from its occurrence shall submit to the Minister of environment and water information concerning:

1. the circumstances of the occurrence of the accident;

2. hazardous substances, causing the accident or aggravating its consequences;

3. the data available to assess the consequences of the accident for human health and the environment;

4. actions taken immediately after the occurrence of the accident;

5. the measures envisaged to prevent the recurrence of accident;

6. the measures provided for to limit the medium-and long-term consequences of the accident;

7. a detailed analysis of the scale of the accident in accordance with the criteria listed in annex 5.

(3) the operator must update the information under para. 2 and make it available to the authority under para. 2 at getting new data related to the reasons for the occurrence of the accident and its consequences, if further investigation reveals additional facts which alter the information or the conclusions drawn.

Art. 116 (1) operators of establishments or facilities with low and high risk potential and the mayors of the affected municipalities provide regularly to the public a clear and comprehensible information about emergency planning for those companies/facilities and necessary measures and behaviour in the event of a major accident.

(2) the safety report and the list of dangerous substances shall be made available to the public upon request.

(3) the scope, contents and manner of providing the information referred to in para. 1 and 2 are determined by the Ordinance under art. 103, para. 9.

(4) decisions on the provision of information under para. 2 may be appealed in accordance with section IV, chapter three of the law on access to public information.

(5) the information provided under paragraph 1. 1 and 2 must comply with regulatory requirements for access to information classified as State or official secrecy, and/or for the protection of personal data.

Art. 116. (1) the operator of an establishment and/or facility with high risk potential reviewed and where necessary updated report for safety: 1. at appropriate intervals no longer than 5 years;

2. after a major accident occurred on the territory of the establishment/facility;

3. on its own initiative or at the request of the Executive Director of the Executive Environment Agency or by the Director of the REGIONAL INSPECTORATE or the power of these officials in the presence of new information, circumstances or scientific information related to the safe operation of the enterprise and/or facility, including any conclusions arising from analysis of accidents or kvaziavarii, as well as by the development of knowledge concerning the assessment of hazards;

4. when amendments to the plant/facility or in a process or in the nature or physical form, the quantity of dangerous substances which could have significant repercussions on major-accident hazards or may lead to classification of the establishment/facility in the enterprise/facility with low risk or potential inconsistencies with the already approved safety report of the enterprise.

(2) the operator under paragraph 1. 1 checked, reviewed and where necessary updated internal emergency plan:

1. at appropriate intervals of not more than three years;

2. after a major accident occurred on the territory of the establishment/facility;

3. in the event of changes in the enterprise or the constituent parts of the single rescue system for the disaster protection act, availability of new technical knowledge, and knowledge concerning the response to major accidents.

(3) where, on the basis of a review of the documents referred to in para. 1 and/or 2 the operator found that not having an update, he documented the data and conclusions of the review, and provide documentation to the Commission under art. 157 a, para. 2 when checking out.

(4) in the cases referred to in para. 2 the operator shall provide the updated internal emergency plan to the Commission under art. 157 a, para. 2 for the purposes of controls and to update the external emergency plan by the Mayor of the municipality.

Art. 116. (1) within 7 days after updating of the report on safety operator under art. 116, para. 1 submitted to the Executive Director of the Executive Environment Agency an application for approval of the updated report, which points out the reasons and circumstances for the update and describe the changes in it.

(2) an application under subsection. 1 the operator applies:

1. the updated safety report;

2. updated documents under art. 107, para. 1, 2 and 3, where the changes make this necessary;

3. a document for paid fee under art. 71, para. 1.


(3) in the cases under art. 116, para. 1, item 4, the operator shall submit to the Executive Director of the Executive Environment Agency updated safety report at the earliest time, but no later than 4 months before the planned date for the implementation of the amendments, as applicable:

1. a copy of the opinion of the competent authority referred to in Chapter vi, section III, that the planned modification/extension of the establishment/facility or parts thereof is not subject to the procedure in chapter six, section III, or

2. a copy of the decision which has entered into force for an understanding of the need to carry out the planned modification/extension of the establishment/facility, which has decided not to carry out EIA, with reasons for confirming the safety distances to the plant/facility pursuant to art. 99 b, para. 5, or

3. a copy of the judgment approving the EIA of investment proposal for amendment/extension with motifs for the confirmation of safety distances to the plant/facility pursuant to art. 99 b, para. 5, specifying the type and quantity of dangerous substances in annex 3 and the activities and facilities in which these substances are available.

(4) upon receipt of the updated safety report under para. 2 the Executive Director of the Executive Environment Agency carries out the procedure under art. 112-116 and issue a new decision approving or disapproving of the updated safety report.

Art. 116. (1) where, on the basis of the information in the DPPGA, in the safety report, or as a result of the checks referred to in art. 157 a, para. 2 the Executive Director of EAE or the Director of the REGIONAL INSPECTORATE identifies businesses and/or facilities with low or high risk potential, or group of such undertakings for which there is a risk of a domino effect, due to their proximity, geographical situation or the list of dangerous substances, which increases the risk or consequences of a major accident, and notify the operators of these companies/facilities.

(2) in the cases referred to in para. 1 operators are required to:

1. Exchange information on the nature and extent of the risk of a major accident in companies/facilities;

2. update the information referred to in paragraph 1, taking into account the nature and extent of the hazard of a major accident in their policies to prevent major accidents, safety measures, safety reports and emergency plans.

(3) in the cases referred to in para. 1 operators shall cooperate in:

1. the provision of information under art. 116 e, para. 1 the public and adjacent sites which do not fall within the scope of this section;

2. provide the information needed for the preparation of external emergency plan by the Mayor of the municipality in whose territory is situated the establishment/facility. "

§ 9. In art. 118, para. 4, paragraph 2, the words "item 1, letter" e "and" shall be deleted.

§ 10. In art. 154, para. 1, item 2, the words "in the assessment of environmental impact" shall be deleted.

§ 11. In art. 157 and following amendments and supplements shall be made:

1. In paragraph 8. 1 the words "the operator of which is authorized under art. 104, para. 1 "is replaced by" operators of businesses and/or facilities classified as low or high risk potential in accordance with art. 103, para. 2. "

2. in the Al. 2, after the words "composed of" insert "empowered" and after the words "internal affairs" a comma and the words "and empowered representatives of ' shall be deleted.

3. Paragraph 3 is replaced by the following:

"(3) the committees on al. 2 carry out a planned and systematic control of the companies/facilities under para. 1 systems of technical, organizational or managerial nature in order to ensure that: 1. the operator may certify that apply appropriate measures on the various activities of the enterprise to prevent major accidents;

2. the operator may certify that has provided appropriate means for limiting the consequences of major accidents on and off site;

3. the data and information of the safety report, or any other report submitted, adequately reflect the conditions in the establishment/facility;

4. the operator fulfils his obligations under art. 103, para. 1-5, art. 104, para. 5 and 6, art. 105, para. 1, art. 106, para. 1, 3, 5 and 6, art. 107, para. 1, 3 and 4, art. 109, art. 112, para. 1 and 3, art. 113, para. 3 and 4, art. 116 d, art. 116 e, para. 1, art. 116, art. 116 g, para. 1, art. 116 (h), para. 2 and the Ordinance under art. 103, para. 9;

5. the mayors of municipalities in whose territory they are located establishments or facilities with high risk potential, carry out their duties under art. 108, para. 1-3 and al. 5-6. "

4. in the Al. 4 in the text before paragraph 1, after the word "inspection" add "under para. 2. "

5. Paragraphs 5-9 are hereby amended:

"(5) the directors of the REGIONAL INSPECTORATE after consultation with the bodies referred to in para. 2 develop and, if necessary, reviewed plans for the control activity for companies/facilities under para. 1 for controlled territory from them.

(6) control Action Plans under para. 5 include:

1. general assessment of the issues relating to safety;

2. the territorial scope of the plan;

3. list of companies/facilities under para. 1;

4. a list of the groups of companies/facilities under para. 1, under which the domino effect is possible according to art. 116 (h), para. 1;

5. list of companies/facilities under para. 1, under which certain external risks or sources of danger could increase the risk or consequences of a major accident in these companies/facilities;

6. the procedures for conducting joint planning on-the-spot checks, including programs for such checks;

7. procedures for exceptional on-the-spot checks;


8. provisions for cooperation between the different supervisory authorities.

(7) on the basis of the plans referred to in para. 5 the Minister of environment and water:

1. approve the order and, where necessary, update annual plan control action of companies/facilities under para. 1 in the country and sets the nominal composition and the Chairmen of the committees on al. (2);

2. Authorizes the Commission Chairmen by order under para. 2 to draw up protocols for inspections carried out, to provide compulsory requirements and to draw up regulations for administrative violations detected during checks.

(8) on the basis of the control action plan under paragraph 1. 7, item 1 Directors of the REGIONAL INSPECTORATE after consultation with the bodies referred to in para. 2 develop programs to conduct routine checks on all enterprises/facilities in the plan, indicating the frequency of checks for various types of companies/facilities.

(9) the frequency of inspections referred to in para. 2 shall be determined on the basis of a systematic evaluation of hazards in the undertakings concerned/facilities at least once a year for corporations and facilities with high risk potential, and at least once every three years for businesses and facilities with low potential risk. "

6. Al are created. 10, 11 and 12:

(10) the organisation of the work of the commissions in the Al. 2 and the form of the annual plan referred to in paragraph 1. 7 shall be determined by the Ordinance under art. 103, para. 9.

(11) the assessment under paragraph 1. 9 taking into account at least the following criteria: 1. the potential impact of the undertaking/equipment on human health and the environment;

2. compliance with the requirements of Chapter 7, section I, and of the Ordinance under art. 103, para. 9 in these companies/facilities;

3. the implementation of the measures for the prevention and control of major-accident hazards and limiting the consequences of them in accordance with the approved safety report and, where applicable, the conditions and measures in the EIA decision approving the investment proposal for establishment or amendment of this company/facility;

4. where appropriate, the findings of other checks to verify compliance with regulatory requirements in the field of prevention of industrial pollution, emergency and fire safety or ensuring healthy and safe working conditions in the plant/facility.

(12) within one month of receipt of the complaint, a signal for a major accident or incident, or kvaziavariâ the event of failure to comply with the provisions of Chapter 7, section I or of the Ordinance under art. 103, para. 9 the Commission under para. 2 carry out an emergency inspection of the place. "

§ 12. In art. 157 (b) make the following amendments and additions:

1. Paragraph 2 shall be replaced by the following:

"(2) on the basis of the Protocol on al. 1 after each inspection, the President of the Commission under art. 157 a, para. 2:

1. shall report to the Minister of environment and water, in which presents the facts and circumstances concerning the compliance of the establishment/facility with the requirements of Chapter 7, section I, and of the Ordinance under art. 103, para. 9 and, where necessary, indicate necessary actions for adaptation on the part of the operator;

2. within 4 months after completion of the inspection:

a) communicated in writing to the operator the conclusions of the checks carried out and gives the compulsory requirements for taking the action referred to in paragraph 1, shall set a deadline for their execution to the operator;

(b)) published on the website of the relevant REGIONAL INSPECTORATE in whose territory is situated the establishment/facility, the date of the last inspection under art. 157 a, para. 2 or specify the source from which this information may be accessible by electronic means, and where upon application in accordance with chapter two you can get more detailed information about the check and the plan for the control activity in compliance with the requirements for public access to information on the environment. "

2. a para. 5:

"(5) when checking found significant non-compliance with the requirements of Chapter 7, section I or of the Ordinance under art. 103, para. 9 be carried out a new inspection within 6 months from the date of the last inspection. "

§ 13. In art. 157 at para. 1 shall be amended as follows:

' (1) in carrying out the inspection committees under art. 157 a, para. 2 have the right to require the necessary data, including sampling and testing to outsource by accredited laboratories and to collect the information necessary for compliance with the requirements of Chapter 7, section I, and of the Ordinance under art. 103, para. 9, as well as information, reports and explanations of the parties and of third persons relating to the conduct of controlled activities, in order to enable:

1. to assess the probability of a major accident;

2. to determine the amount of the possible increased probability or aggravation of the circumstances in the event of a major accident;

3. to develop an external emergency plan;

4. to identify the substances which, due to their physical form, particular conditions of use and/or location of the establishment/facility may give rise to a need for further review and update of the developed measures for preventing major accidents and limiting their consequences. "

§ 14. In art. 162 is hereby amended as follows:

1. Paragraph 1 shall be amended as follows:


"(1) For offences under this law, individuals, regional governors, mayors of municipalities, mayors of districts, mayors of municipalities, and officials are punished with fines from 200 to 20 000 BGN, and for legal persons and the sole traders to impose financial penalties of up to 5000 500 000 BGN.

2. in the Al. 3, the words "EUR 100" is replaced by "from 100 to 500 LEVs.".

§ 15. Art is created. 162 (a):

"Art. 162. (1) A legal person or sole proprietor that in or on the occasion of the performance of its activities for its action or inaction allow unauthorized releases of hazardous substances and mixtures and/or waste from the production, storage or transport facility or installation, including pipeline, which do not fall within the scope of the authorisation granted under art. 117, a penalty payment in the amount of 10 000 to 500 000 BGN, and for natural persons having a fine of 300 to 3000 BGN.

(2) in the event of a pecuniary sanction violation fine is accordingly double the size. "

§ 16. In art. 164, para. 1 ' 100 000 ' is replaced by ' 500 ' 000.

§ 17. New art. 164 in:

"Art. 164. (1) the Minister of the environment and water, or the Director of the REGIONAL INSPECTORATE, within the territory of which an undertaking and/or a facility with low or high risk potential, prohibited by a reasoned order of the operation of the establishment/facility, including storage facility, or parts thereof, when:

1. the operator is not prepared and/or delivered DPPGA, the safety report and/or any other information required by this section and the Ordinance under art. 103, para. 9;

2. the operator shall operate an undertaking and/or facility with high risk potential, without a decision under art. 116, para. 1, item 1 or after a decision under art. 116, para. 1, item 2;

3. an undertaking and/or facility with high risk potential is not in conformity with the decision under art. 116, para. 1, item 1;

4. the measures applied by the operator are not sufficient to prevent major accidents or limit their consequences, or

5. in the reports to control activities under art. 157 b, para. 2, item 1 shall contain the findings of the Commission under art. 157 a, para. 2 for serious infringements by the operator in taking necessary actions for preventing major accidents and limiting their consequences.

(2) the order under paragraph 1. 1 may be appealed by the parties concerned in accordance with the administrative code.

(3) the appeal of the order under paragraph 1. 1 does not stop its implementation. "

§ 18. In art. 166 (a) is hereby amended as follows:

1. In paragraph 8. 1, the words "activities without authorization under art. 104, para. 1 or no decision amending the authorization under art. 116 e, para. 1 "shall be replaced by ' activity without judgment approving the safety report under art. 116, para. 1, item 1 or under art. 116 g, para. 4. "

2. paragraph 2 is replaced by the following:

"(2) For failure to comply with the technical, organisational and/or management measures for preventing major accidents and limiting their consequences in the safety report, approved by the decision under art. 116, para. 1, item 1, and for failure to comply with the obligations under art. 103, para. 2, 4 and 5, art. 105, para. 1, item 3, art. 106, para. 1, 3, 5 and 6, art. 107, para. 1, 3, 4 and 5, art. 109, para. 1-3, art. 112, para. 1, art. 113, para. 3 and 4, art. 116 d, art. 116, art. 116 g, para. 1-3, if the individual is not subject to more severe punishment, or of a legal person having a fine, penalty payment respectively from 10 000 to 20 000 LV. "

3. in the Al. 3 the words "art. 116 a, para. 1 and 2 "shall be replaced by" art. 104, para. 5 and 6 and article. 116 (h), para. 2. "

4. in the Al. 4, the words "article. 108, para. 1, art. 116 a, para. 3 and 4, art. 116 in, al. 1, item 1 and al. 2, item 1 "shall be replaced by" art. 103, para. 1 and art. 113, para. 1. "

§ 19. In the additional provisions the following amendments and additions:

1. In paragraph 1:

(a) in point 29) after the words "in the framework of" enterprise "be added regardless of or below the surface of the Earth";

(b)) and paragraph 29 shall be replaced by the following:

"29." storage of dangerous substances "is the presence of a quantity of dangerous substances for the purpose of providing storage, safekeeping or keeping in stock. ';

in the 29) in:

AA) subparagraph (a) shall be replaced by the following:

"a) nursery and gardens and specialized institutions for social services for children, students or senior citizens, schools and high schools, pupil and student residences, music, language and sports schools and centres for work with children;"

BB) in (b), after the word "establishments" the comma and the text for the rest shall be deleted;

BB) in point "in" in the beginning "is added amusement parks and";

yy) in the letter "e" at the end there shall be added "and parking lots";

DD) in the letter "e" is added "including shopping centers and supermarkets;

(d)) that shall be 29 (e):

"29 d." investment proposals for urbanizirano development "investment proposals are to: schools and high schools, pupil and student residences; medical and health institutions; sports facilities – stadiums and sports halls; theatres, cinemas, concert halls; railway stations, airports, ports, bus stations. ";

(e)) is created that is 29:

"29." major transport routes "are Republican roads under the law on road and railway highways and railway lines I and II category under the law on rail.";

Item f) in 31, the words "or preparations" shall be deleted and the second sentence: "Companies/facilities are of low or high risk potential.";

(g)) is created that 31A, 31B, 31 c 31 (d) and 31 (e):

"31." company/facility with low risk potential "is an enterprise/facility in which dangerous substances are present in quantities equal to or in excess of the quantities referred to in annex III, part 1, column 2, or part 2, column 2, but less than the quantities set out in annex 3, part 1, column 3, or part 2, column 3, where applicable, using the aggregation rule referred to in note 4 of annex 3.


31 b. "company/facility with high risk potential" means a plant in which dangerous substances are present in quantities equal to or in excess of the quantities set out in annex 3, part 1, column 3, or part 2, column 3, where applicable, using the sum referred to in note 4 of annex 3.

31. "A company/facility" means a plant/facility, which is located in such proximity to another entity/facility, which increases the risk or consequences of a major accident.

31. New plant/facility "is: a) company/facility that is introduced into service or is built on the 1 June 2015 or after that date, or (b)) operating area, which falls within the scope of Chapter 7, section I, or company/facility with low risk potential, which, due to amendments of the installations or activities which have led to a change of the list of dangerous substances, to 1 June 2015 or thereafter becomes an establishment/facility with high risk or low risk potential potential;

in acting) playground, which falls within the scope of Chapter 7, section I, or company/facility with low risk potential, which becomes an establishment/facility with high risk potential with low risk or potential to 1 June 2015 or beyond that date due to reasons other than those referred to in (b).

31 e. "existing plant" means a plant/facility/facility to 31 May 2015, falls within the scope of Chapter 7, section I, and from 1 June 2015 is an enterprise/facility, whose classification as an undertaking/facility with low or high risk potential remains unchanged. ';

h) create new item 45 and 46:

"45." mixture "means a mixture or solution composed of two or more substances.

46. "the presence of dangerous substances" is actual or presumed presence of hazardous substances in the plant/facility or of dangerous substances which may reasonably assume that will be formed at the loss of control over the processes, including the activities of warehousing in any of the facilities at the plant, in quantities equal to or in excess of the threshold quantities of part 1 or part 2 of annex 3. ";

and) point 53A shall be repealed;

k) in item 54 (b) shall be replaced by the following:

"(b)) for the purposes of Chapter 7, section I – any substance or mixture classified in one or more of the categories of danger laid down in part 1 of annex 3, or roll listed in part 2 of annex 3, including in the form of raw material, product, by-product, residue or intermediate, including substance, which is possible to obtain as a result of the conduct of the side reaction or in the event of accident;"

l) section 54 (a) shall be replaced by the following:

"54." major accident "means an outbreak of major emission, fire or explosion, that becomes a result of uncontrollable events in the course of the operations of any company or facility within the scope of Chapter 7, section I, and leading to serious danger to human health and/or the environment, immediate, delayed, inside or outside the enterprise and includes one or more dangerous substances classified in one or more of the categories of danger laid down in part 1 of annex 3 or roll listed in part 2 of annex 3. ";

point 54 m) (b) shall be repealed;

(n)) shall be 54 in i.e., 54 (d) and 54 (e):

"54" danger "is an internal property of a dangerous substance or physical situation, with opportunities for applying of harm to human health and/or the environment.

54. The danger of chemical "is a characteristic property of a dangerous substance, from which physical situation in which it is located, an opportunity arises from damage to human health and/or the environment.

54 e. "risk" is the probability of the occurrence of a specific effect occurring within a specified period or under certain conditions. ';

o) in paragraph 71, after the words "and permits" insert "and" decisions.

2. paragraph 2 (a) shall be replaced by the following:

"§ 2A. This law introduces provisions of Directive 2013/18/EC of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequent repeal of Directive 96/82/EC of the Council (OJ L 197/1 of 24 July 2012). "

§ 20. In § 12 a of the transitional and final provisions in the Al. 2 the words "the opinion or opinions" and "or" are deleted.

§ 21. In annex 2 to the art. 93, para. 1, paragraphs 1 and 2, in item 10 (b), the words "objects with public purpose" shall be replaced by "urbanizirano" for development.

§ 22. Annex 3 shall be amended as follows:

"Annex 3 to art. 103, para. 1

DANGEROUS SUBSTANCES

To dangerous substances which have been classified in categories of danger referred to in column 1 of part 1 of this Annex apply thresholds for minimum quantities referred to in part 1, columns 2 and 3.

Where a substance or group of substances listed in part 2, falls and in the classification of part 1 should apply the thresholds for minimum quantities referred to in part 2, columns 2 and 3.

Part 1

Categories of dangerous substances

Part 1 includes all hazardous substances falling into categories of danger referred to in column 1:



Column 1





Column 2





Column 3









Categories of danger in accordance with Regulation (EC) no 1272/2008





Threshold quantity (tons)









Low risk potential





High risk potential













Section h – health hazards










H1 acute toxicity, Category 1, all routes of exposure





5





20









H2 acute toxicity

– Category 2, all routes of exposure

– Category 3, inhalation exposure (see note 7)





50





200









H3 Specific toxicity for certain organs – single exposure

STOT SE, Category 1





50





200









Section "r" – physical hazards









R1a Explosives (see note 8)

– Unstable explosives, or

– Subclasses explosives 1.1, 1.2, 1.3, 1.5 or 1.6, or

-Substances or mixtures which have explosive properties according to method a. 14 of Regulation (EC) no 440/2008 of 30 May 2008 laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the registration, evaluation, authorisation and restriction of chemicals (REACH) (OJ L 142, 31.5.2008, p. 1) (see note 9) and does not belong to the classes of danger – organic peroxides or self-reactive substances and mixtures





10





50









R1b Explosives (see note 8)

Explosives, subclass 1.4 (see note 10)





50





200









P2 flammable gases

Flammable gases Category 1 or 2





10





50









R3a Flammable aerosols (see note 11.1)

"Flammable" aerosols Category 1 or 2, containing flammable gases Category 1 or 2, or flammable liquids Category 1





150 (net weight)





500 (net weight)









 





 





 









R3b Flammable aerosols (see note 11.1)

"Flammable" aerosols Category 1 or 2, not containing flammable gases Category 1 or 2, or flammable liquids Category 1 (see note 11.2)





5 000 (net weight)





50 000 (net weight)









P4 Oxidizing gases

Oxidizing gases Category 1





50





200









R5a flammable liquids

– Flammable liquids Category 1 or





10





50









– Flammable liquids, Category 2 or 3, which is kept at a temperature below the boiling point of them, or

– Other liquids with a flash point ≤ 60 ° C, which are stored at a temperature above their boiling point (see note 12)





 





 









R5b flammable liquids

– Flammable liquids, Category 2 or 3, under which specific conditions, such as high pressure or high temperature, may create major-accident hazard, or

– Other liquids with a flash point ≤ 60 ° C under which specific conditions, such as high pressure or high temperature, may create major-accident hazard (see note 12)





50





200









R5v flammable liquids

Flammable liquids, Category 2 or 3, not covered by R5a and R5b





5 000





50 000









R6a self-reactive substances and mixtures and organic peroxides, self-reactive substances and mixtures, type a or B, or organic peroxides, type a or B





10





50









R6b self-reactive substances and mixtures and organic peroxides

Self-reactive substances and mixtures, type C, D, E or F, or organic peroxides, types C, D, E or F





50





200









R7 Pyrophoric liquids and solids

Pyrophoric liquids Category 1

Pyrophoric solids Category 1





50





200









R8 Oxidizing liquids and solids

Oxidizing liquids Category 1, 2 or 3, or

Oxidizing solids Category 1, 2 or 3





50





200









Section f – environmental hazards









F1 Hazardous to the aquatic environment in category Acute hazard Category 1, or chronic hazard Category 1





100





200









E2 Hazardous to the aquatic environment in category Chronic hazard Category 2





200





500









Section "o" – other dangers









O1 substances and mixtures with a warning of danger EUH014





100





500









O2 substances and mixtures which, in contact with water emit flammable gases Category 1





100





500









O3 substances and mixtures with a warning of danger EUH029





50





200











Part 2

Roll call listed dangerous substances



Column 1





 





Column 2






Column 3









Dangerous substances





Threshold quantity (tons)









SAS number





Low risk potential





High risk potential













1. Ammonium nitrate (see note 13)





 –





5 000





10 000









2. Ammonium nitrate (see note 14)





 –





1 250





5 000









3. Ammonium nitrate (see note 15)





 –





350





2 500









4. Ammonium nitrate (see note 16)





 –





10





50









5. Potassium nitrate (see note 17)





 –





5 000





10 000









6. Potassium nitrate (see note 18)





 –





1 250





5 000









7. Arsenic pentoxide, Dahab (V) acid and/or their salts





1303-28-2





1





2









8. Arsenic trioxide, arsenista (III) acid and/or their salts





1327-53-3





 





0.1









9. Bromine





7726-95-6





20





100









10. Chlorine





7782-50-5





10





25









11. Nickel compounds in powder for inhalation, easy status: nickel monoxide, nickel dioxide, nickel sulphide, trinikelov, disulfide dinikelov trioxide





 –





 





1









12. Etilenimin





151-56-4





10





20









13. Fluoride





7782-41-4





10





20









14. Formaldehyde (concentration ≥ 90%)





50-00-0





5





50









15. Hydrogen





1333-74-0





5





50









16. Hydrogen chloride (liquefied gas)





c(2009) 7647-01-0





25





250









17. Lead acid alkili





 –





5





50









18. Liquefied flammable gases Category 1 or 2 (including LPG) and natural gas (see note 19)





 –





50





200









19. Acetylene





74-86-2





5





50









20. Ethylene oxide





75-21-8





5





50









21. Propylene oxide





75-56-9





5





50









22. Methanol





67-56-1





500





5 000









23.4,4 '-methylene bis (2-hloranilin) and/or salts in powder





101-14-4





 





0.01









24. Methyl isocyanate tank





624-83-9





 





0.15









25. Oxygen





7782-44-7





200





2 000









26.2.4-toluene diisocyanate 2.6-toluene diisocyanate





584-84-9

91-08-7





10





100









27. Dihloroanhidrid of v″glenata acid (Phosgene)





75-44-5





0.3





0.75









28. Arsenic hydride (arsin)





7784-42-1





0.2





1









29. Such (phosphorus trihidrid)





7803-51-2





0.2





1









30. Sulphur dichloride





10545-99-0





 





1









31. Sulphur trioxide





7446-11-9





15





75









Polychlorodibenzofurans and polychlorodibenzodioxins. 32 (including TCDD), translated in TCDD equivalent (see note 20)





 –





 





0,001









33. These carcinogenic substances or mixtures containing these carcinogenic substances at concentrations above 5% by weight:

(a)) 4-aminobifenil and/or its salts;

(b)) benzotrihlorid;

c) benzidine and/or salts;

d) bis (hlormetil) ether;

e) hlormetil methyl ether;

is 1.2-dibrometan);

(g)) dietilsulfat;

h) dimethyl sulphate;

and dimetilkarbomilhlorid);

k) 1.2-dibromo-3-hlorpropan;

l) 1.2-dimethylhydrazine;

m) DMN, our poison;


n) heksametilfosforen triamid;

o) hydrazine;

p) 2-Naphthylamine and/or salts;

p) 4-nitrodiphenyl, and

with 1.3-propansulton)





 –





0,5





2









34. Petroleum and alternative fuels:

a) petrol and ligroini;

b) kerosene (including jet fuel);

c) gas oils (including diesel fuels, home heating fuels and gaz′olni mixtures);

d) heavy fuel oil;

e) alternative fuels used for the same purposes, in terms of properties and flammability hazards to the environment, similar to those of the products referred to in letters "a", "d"





 –





2 500





25 000









35. Anhydrous Ammonia





7664-41-7





50





200









36. Boron Trifluoride





7637-07-2





5





20









37. Hydrogen sulfide





7783-06-4





5





20









38. Piperidine





110-89-4





50





200









39. Bis (2-dimetilamino-ethyl) (methyl) amine





3030-47-5





50





200









40.3-(2-etilheksiloksi) propilamin





5404-31-9





50





200









41. Mixtures of sodium hypochlorite, classified as very toxic to aquatic life H400, Category 1 (provided that, in the absence of sodium hypochlorite mixture is not classified as very toxic to aquatic life H400, category 1), containing less than 5% active chlorine and unclassified in any of the other categories of danger in part 1 of this annex





 





200





500









42. Propilamin (see note 21)





107-10-8





500





2 000









43. Tert-butyl acrylate (see note 21)





1663-39-4





200





500









44.2-methyl-3-butenenitril (see note 21)





16529-56-9





500





2 000









45. Tetrahydro-3.5-dimethyl 1,3,5,-tiadiazin-2-tion (Dazomet) (see note 21)





533-74-4





100





200









46. Metilakrilat (see note 21)





96-33-3





500





2 000









47.3-metilpiridin (see note 21)





108-99-6





500





2 000









48.1-bromo-3-hlorpropan (see note 21)





109-70-6





500





2 000











Comments:

1. Substances and mixtures are classified in accordance with Regulation (EC) no 1272/2008.

2. Mixtures are treated in the same way as pure substances provided they remain within concentration as determined in accordance with their properties under Regulation (EC) no 1272/2008, or in its latest adaptation to technical progress, in case that is not explicitly specified percentage or other description.

3. the requirements for the above quantities shall refer to any undertaking and/or facility under art. 103, para. 2.

The quantities to be taken into account in the implementation of Chapter 7, section I, are the maximum quantities which are present or are likely to be available at any one time at the plant/facility. Certain hazardous substances in an entity/facility may not be taken into account in the calculation of the full quantity available only if they are in quantities equal to or less than 2% of the relevant threshold for minimum quantity, and if their location across the enterprise is such that I could give rise to a major accident elsewhere in the same establishment.

4. the following rules governing the addition of dangerous substances, or categories of dangerous substances, shall apply where appropriate:

In the case of a company/facility in which characterised a dangerous substance is present in a quantity above or equal to the relevant qualifying quantities, the following rule shall be applied to determine if the plant/facility is covered by the relevant requirements of Chapter 7, section I and the Ordinance under art. 103, para. 9.

The provisions of Chapter 7, section I and the Ordinance under art. 103, para. 9 shall apply to the undertakings with a high risk potential, if the amount:

q1/QU1 + q2/QU2 + q3/QU3 + q4/QU4 + q5/QU5 + ... is greater than or equal to 1,

where qx = the quantity of dangerous substance x (or category of dangerous substances) falling within parts 1 or 2,

and QUX = the relevant threshold quantity of a hazardous substance or category x from column 3 of part 1 or part 2, column 3.

The provisions of Chapter 7, section I and the Ordinance under art. 103, para. 9 apply to enterprises with low risk potential, if the amount:

q1/QL1 + q2/QL2 + q3/QL3 + q4/QL4 + q5/QL5 + ... is greater than or equal to 1,

where qx = the quantity of dangerous substance x (or category of dangerous substances) falling within parts 1 or 2,

and QLX = the relevant threshold quantity of a hazardous substance or category x from column 2 of part 1 or part 2, column 2.


The relevant rule is used for the evaluation of health hazards, physical hazards and hazards to the environment and must be applied three times:

a) for the aggregation of the dangerous substances listed in part 2, which fall within class acute toxicity category 1, 2 or 3 (inhalation), or specific toxicity for certain organs, single exposure, Category 1, along with dangerous substances falling under section "h"-entries from H1 to H3 of part 1;

(b)) for the aggregation of the dangerous substances listed in part 2, which are explosives, flammable gases, flammable aerosols, oxidizing gases, flammable liquids, self-reactive substances and organic peroxides, mixtures, pyrophoric liquids and solids, oxidizing liquids and solids together with dangerous substances falling within section "p"-entries from P1 to the R8 of part 1;

in) for the aggregation of hazardous substances listed in part 2 which are classified as hazardous to the aquatic environment, acute hazard Category 1, chronic hazard Category 1, or chronic hazard Category 2, along with dangerous substances falling within section "e" – entries E1 and E2 from part 1.

The provisions of Chapter 7, section I, and of the Ordinance under art. 103, para. 9 shall apply where any of the amounts received in letters "a", "b" or "c", is greater than or equal to 1.

5. in the case of dangerous substances, including wastes that are not covered by Regulation (EC) no 1272/2008, but which nevertheless are present, or are likely to be available in an enterprise/facility and hold or may hold under the conditions laid down in the establishment/facility equivalent properties in terms of major-accident potential is assigned temporarily to the nearest category or referred to a dangerous substance falling within the scope of Chapter 7, section I, and of the Ordinance under art. 103, para. 9.

6. in the case of dangerous substances with properties that result in more than one classification for the purposes of Chapter 7, section I, and of the Ordinance under art. 103, para. 9 apply the lowest qualifying quantities. For the application of the rule in note 4 is t use the lowest threshold quantity for each group of categories note that 4 letters "a", "b" and "c" that meet the relevant classification.

7. Hazardous substances which fall within the class of acute toxicity, Category 3, the oral route of exposure (toxic if swallowed H301-) are included in the registration H2 acute toxicity where cannot be established nor classification acute inhalation toxicity or acute dermal toxicity, due to the lack of conclusive data on inhalation and dermal toxicity.

8. Hazard Class "explosives" shall include explosive devices (see section 2.1 of annex I to Regulation (EC) no 1272/2008). If the quantity of product contained in the explosive a substance or mixture is known, that quantity shall be considered for purposes of Chapter 7, section I, and of the Ordinance under art. 103, para. 9. If the quantity of product contained in the explosive a substance or mixture is not known, then for the purposes of Chapter 7, section I, and of the Ordinance under art. 103, para. 9 the whole device is treated as explosive.

9. Carrying out of tests for explosive properties of substances and mixtures, it is necessary only when the skriningovata procedure in accordance with Appendix 6, part 3 of the UN recommendations on the transport of dangerous goods: Manual of tests and criteria of the United Nations (Manual of tests and criteria) is an established potential for explosive properties of the substance or mixture. Additional guidance on the release of the test can be found in the description of the method and 14 of the annex to Regulation (EC) no 440/2008 of 30 May 2008 laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the registration, evaluation, authorisation and restriction of chemicals (reach) (OJ , L 142/1 of 31 May 2008).

10. If the explosives from the subclass 1.4 are unpackaged or repackaged, they fit to R1a, unless it is shown that the danger still corresponds to the subclass 1.4, in accordance with Regulation (EC) no 1272/2008.

11.1. Flammable aerosols are classified in accordance with the regulation on the labelling of aerosol and requirements thereto (promulgated, SG. 43 from 2006; amend. and Suppl., 76/2006, no. 93 and 97 of 2009 and no. 30 of 2014). "Extremely flammable" and "flammable aerosols" in the regulation for the labelling of aerosol and requirements to them comply with the flammable aerosols category 1 or 2, respectively, in Council Regulation (EC) no 1272/2008.

11.2. To use the entry under item 11.1, you need to document that the aerosol package does not contain any flammable gas, Category 1 or 2, or flammable liquid, class 1.

12. Pursuant to paragraph 2.6.4.5 in annex I to Regulation (EC) no 1272/2008 liquids with a flashpoint above 35 ° C need not be classified in category 3, if you get negative results of prolonged test for flammability L 2, part III, section 32 of the manual of tests and criteria of the United Nations. This circumstance is not valid under special conditions, such as high temperature or pressure, and therefore such fluids are included in the entry to R5a and R5b.

13. Ammonium nitrate (5000/10000): fertilisers, which can be samorazgraždat:


The entry under item 1, part 2 of annex 3 refers to a complex/complex fertilizer based on ammonium nitrate (complex/complex fertilizers containing ammonium nitrate with phosphate and/or potash), which can be samorazgraždat according to the UN Trough Test (see Manual of tests and criteria, part III, subsection 38.2,) in which the nitrogen content, due to the presence of ammonium nitrate is:

13.1. between 15.75% (15.75% nitrogen content by weight, due to the presence of ammonium nitrate corresponds to 45% ammonium nitrate) and 24.5% (24.5% nitrogen content by weight, due to the presence of ammonium nitrate corresponds to 70% ammonium nitrate) by weight, and either with not more than 0.4% total combustible/organic materials or with those meeting the requirements of annex III-2 to Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers (OJ 304/L, of 21 November 2003);

13.2.5.75% by weight or less and unrestricted combustible substances with.

14. Ammonium nitrate (1250/5000): fertiliser brand:

The entry under item 2, part 2 of the annex No 3 applies to simple ammonium nitrate-based fertilisers and complex/complex fertilizer based on ammonium nitrate, which comply with the requirements of annex III-2 to Regulation (EC) No 2003/2003, and in which the nitrogen content as a result of ammonium nitrate is:

14.1. more than 24.5% by weight, except for mixtures of simple fertilizer based on ammonium nitrate with dolomite, limestone and/or calcium carbonate with a purity of at least 90%;

14.2. more than 15.75% by weight for mixtures of ammonium nitrate and ammonium sulphate;

14.3. more than 28% by weight (28% nitrogen content by weight, due to the presence of ammonium nitrate corresponds to 80% ammonium nitrate) for simple mixtures of ammonium nitrate-based fertilisers with dolomite, limestone and/or calcium carbonate with a purity of at least 90%.

15. Ammonium nitrate (350/2500): technical grade:

The entry under item 3, part 2 of the annex No 3 applies to ammonium nitrate and mixtures of ammonium nitrate in which the nitrogen content, due to the presence of ammonium nitrate is:

15.1. between 24.5% and 28% by weight, and which contain not more than 0.4% combustible substances;

15.2. more than 28% by weight, and which contain not more than 0.2% combustible substances;

15.3. aqueous solutions of ammonium nitrate where the concentration of ammonium nitrate is more than 80% (by weight).

16. Ammonium nitrate (10/50): "material that does not meet the specifications" and fertilizers, non-detonation tests:

The entry under item 4, part 2 of annex 3 refer to the following:

16.1. materials, scrapped in the production process and to ammonium nitrate and mixtures of ammonium nitrate, ammonium nitrate-based fertilisers and complex/complex fertilizer based on ammonium nitrate, referred to in item remarks 14 and 15 which are or have been returned from the final user to a manufacturer in the facility for temporary storage or technological installation for processing, recycling or treatment for safe use Since no longer comply with the specifications in the item remarks 14 and 15;

16.2. fertilisers referred to in note item 13.1 and note that 14 not satisfying the requirements of annex III-2 to Regulation (EC) No 2003/2003.

17. Potassium nitrate (5000/10000):

The entry under item 5, part 2 of annex 3 refer to complex fertilizers based on potassium nitrate (in the form of granules or microgranules) which have the same dangerous properties, such as the pure potassium nitrate.

18. Potassium nitrate (1250/5000):

The entry under item 6, part 2 of annex 3 refer to complex fertilizers based on potassium nitrate (in the form of crystals), which have the same dangerous properties, such as the pure potassium nitrate.

19. Improved biogas:

For the purposes of applying Chapter 7, section I, and of the Ordinance under art. 103, para. 9 improved biogas can be classified under the entry under item 18, part 2 of annex 3 of this application when it was processed in accordance with the applicable standards of refined and upgraded biogas to ensure equivalent quality to that of natural gas, including methane content, and which contains a maximum of 1% oxygen.

Polychlorodibenzofurans and polychlorodibenzodioxins 20.:

The quantities of polychlorodibenzofurans and polychlorodibenzodioxins are calculated using the following factors:



Toxic equivalency factor (TEF), who 2005









2, 3, 7.8-TCDD





1





2, 3, 7.8-THDF





0.1









1, 2, 3, 7.8-PCDD





1





2, 3, 4, 7,8-PCDFS





0.3









 





 





1, 2, 3, 7.8-PCDFS





0.03









 





 





 





 









1, 2, 3, 4, 7,8-HsHDD





0.1





 





 









1, 2, 3, 6, 7,8-HsHDD





0.1





1, 2, 3, 4, 7,8-HsHDF





0.1









1, 2, 3, 7, 8, 9-HsHDD





0.1





1, 2, 3, 7, 8, 9-HsHDF





0.1









 





 





1, 2, 3, 6, 7,8-HsHDF





0.1









 





 





2, 3, 4, 6, 7,8-HsHDF





0.1









 





 





 





 









OHDD





0.0003





1, 2, 3, 4, 6, 7,8-


HpHDF





0.01









 





 





1, 2, 3, 4, 7, 8, 9-

HpHDF





0.01









 





 





 





 









 





 





OHDF





0.0003











(T = Tetra, p = penta, Hs = Hexa, HP = hepta, O = OCTA) according to Van den Berg et al: recalculation of toxic equivalency factors for humans and mammals for dioxins and dioxin-like compounds, World Health Organization, 2005.

21. In cases where this dangerous substance falls into Category-R5a flammable liquids or flammable liquids-R5b, for the purposes of Chapter 7, section I and the Ordinance under art. 103, para. 9 the lowest qualifying quantities shall apply. "

§ 23. Annex 5 shall be amended as follows:

"Annex 5 to the art. 111, para. 1, item 3

Criteria for reporting a major accident

Each major accident I described in item 1, or that leads to at least one of the consequences described in paragraphs 2-5, shall be reported to the Commission.

A major accident is that:

1. include dangerous substances in quantities of not less than 5 per cent of marginal quantities referred to in annex 3, part 1, column 3, or part 2, column 3 and causing a fire, explosion or release of dangerous substances;

2. at least one of the following causes adverse effects on the lives and health of people and on infrastructure in the area of enterprise and/or facility:

a) death;

b) six injured in the establishment and/or facility (hospitalized for at least 24 hours);

in an early) outside the establishment and/or facility (hospitalized for at least 24 hours);

d) damaged and unusable as a result of the accident apartment buildings outside the establishment and/or facility;

e) displaying the affected population (evacuation) outside the area of the accident for not less than two hours (the product of the number of persons and the number of evacuees hours must be at least 500);

a stay of the affected population) in protective gear in the area of the accident for not less than two hours (the product of the number of persons and the number of evacuees hours must be at least 500);

g) disconnection of the water supply, electricity supply, gas supply, telephone service in the area of the accident or within the area of effect for more than two hours (the product of the number of people and number of hours must be at least 1000);

3. causing contamination or damage directly above the limit values for the components of the environment with the following characteristics:

3.1. the permanent or long-term damage to terrestrial habitats:

a) 0.5 ha or more of a Habitat of environmental or other matters relevant to the environment, protected under the law or administrative action;

b) 10 hectares or more than a more widespread Habitat, including agricultural land;

3.2. significant or long-lasting contamination of fresh water and marine habitats: a) 10 km or more of river or Canal;

(b)) of 1 ha or more of artificial or natural lake;

in the 2 hectares) or more of Delta;

(d)) of 2 hectares or more of coastal zone or the high seas;

3.3. a significant contamination of the aquifer or underground water of 1 ha or more;

4. causing damage to one of the following:

and in the enterprise) damage, at least $ 4 million. BGN;

(b)) damage outside the establishment, at least 1 million. BGN;

5. transboundary impacts: any major accident, in which a hazardous substance is included directly, causing impact outside the territory of the country.

II. Accidents or kvaziavarii, which do not correspond to those described in t. I quantitative criteria, but are of particular technical interest for the prevention of major accidents and the limitation of their consequences, shall be reported to the Commission at the discretion of the authority under art. 111, para. 1. "

Transitional and final provisions

§ 24. The operators of the existing enterprises and/or facilities are required to submit a notification under art. 103, para. 2 by 1 June 2016.

§ 25. The operators of the existing enterprises and/or facilities with low tier are required to submit a report under art. 105, para. 1, item 5 by 1 June 2016.

§ 26. The operators of the existing enterprises and/or facilities with the upper tier are required to submit documents art. 107, para. 1 by 1 June 2016.

§ 27. The provisions of § 24, 25 and 26 shall not apply where the operator has prepared the relevant documents and it is lodged with the competent authority before 1 June 2015, as the information contained in them has remained unchanged and is in accordance with the requirements of Chapter 7, section I, and of the Ordinance under art. 103, para. 9.

§ 28. Within three months of the entry into force of this Act, the Minister of environment and waters shall draw up and publish on the website of the Ministry of environment and water schedule for submission of the documents referred to in § 24, 25 and 26. The timetable shall be agreed with the Executive Director of the Executive Agency for the environment.

§ 29. (1) certificates issued prior to the entry into force of this law permits under art. 104, para. 1 retained its action, in compliance with the conditions for authorisation, in which they are issued, to submit an application for approval of an updated report on the safety of the plant/facility in accordance with art. 116 (g).

(2) Ongoing until the entry into force of this law and procedures review of the permits referred to in art. 104, para. 1 completed in the previous row.


§ 30. The time limit under art. 88, para. 4 apply for environmental assessment or decisions has been judged not to carry out an environmental assessment issued prior to the entry into force of this law.

§ 31. In the law on the responsibility for the prevention and remediation of environmental damage (official SG. 43 of 2008; amend., SG. 12, 32 and 35 of 2009, no. 77 and 98 of 2010 No. 92 from 2011 and 14 and 53 by 2012) made the following changes and additions:

1. In art. 5.7 Add "except when this emergency is a result of the cases within the meaning of art. 3. "

2. § 1 of the additional provisions: a) point 1 shall be amended as follows:

1. "Basic" status "is the status at the time of the damage of the natural resources and services that would have been there if it hadn't been for the environmental damage occurred, estimated on the basis of the best information available.";

(b) in point 23). the words "included in the boundaries of protected areas, in accordance with the law on biological diversity ' shall be deleted.

3. In annex 1 to the art. 3, item 1:

a) point 3 is replaced by the following:

"3. The use of water and water bodies, including: a) all discharges to surface waters with the waste water released dangerous substances referred to in the Ordinances under art. 135, para. 1, item 9 and 17 of the Water Act, which requires prior regulation in permits for discharges under the water act in complex permits under the law for the protection of the environment;

b) inputs of substances into groundwater, injection of pollutants into groundwater, water use and zavirâvane of the body of water for which a permit is required for the purposes of the Law. ";

b) in paragraph 4, after the words "chemical substances" insert "and mixtures", and the word "preparations" shall be replaced by "mixture";

in point 6), the word "preparations" shall be replaced by "mixture";

d) point 9 is replaced by the following:

"9. The shipment of waste, including import, export and transit of waste for the purposes of chapter v, section IV of the law on waste management.";

(e) in item 10) add "in accordance with the law on mineral resources".

§ 32. In the spatial planning Act (promulgated, SG. 1 of 2001; amend., SG. 41 and 111 since 2001, 43/2002, no. 20, 65 and 107 since 2003, no. 36 and 65 since 2004, no. 28, 76, 77, 88, 94, 95, 103 and 105 by 2005, issue 29, 30, 34, 37, 65, 76 , 79, 82, 106 and 108, 2006, issue. 41, 53 and 61 of 2007, PC. 33, 43, 54, 69, 98 and 102 by 2008, PCs. 6, 17, 19, 80, 92 and 93 of the 2009 PCs. 15, 41, 50, 54 and 87 from 2010, PC. 19, 35, 54 and 80 by 2011. 29, 32, 38, 45, 47, 53, 77, 82 and 99 by 2012 PCs. 15, 24, 27, 28, 66 and 109 in 2013, PCs. 49, 53, 98 and 105 by 2014 and PCs. 35 by 2015.) make the following additions:

1. In art. 125, para. 7, after the words "in accordance with Chapter six" is added "and Chapter 7, section I.

2. In art. 128 establishes al. 15:

"(15) the coordination of projects for detailed development plans for the construction or reconstruction of businesses and/or facilities with low or high risk potential under Chapter 7, section I of the Act on the protection of the environment shall be carried out by the Minister of environment and water, or the Director of the regional Inspectorate of environment and waters by the procedure of art. 127, Pará. 2. "

3. In art. 142, para. 5 creating item 10:

"10. the requirements for preventing major accidents with dangerous substances and the limitation of their consequences for human health and the environment in Chapter 7, section I of the Act for the protection of the environment."

4. In art. 148, para. 8, second sentence, after the words "decision was considered not to be carried out" a comma and add "as well as a decision approving the report on safety for the construction or reconstruction of an undertaking and/or facility with high risk potential or parts thereof".

5. In art. 149, para. 6, after the words "decision for an understanding of the need to carry out" a comma and add "as well as a decision approving the report on safety for the construction or reconstruction of an undertaking and/or facility with high risk potential or parts thereof".

§ 33. The Council of Ministers shall adopt Ordinance referred to in art. 103, para. 9, within three months of the entry into force of this law.

§ 34. The law shall enter into force on the day of its publication in the Official Gazette.

The law was passed by the National Assembly-43 on July 30, 2015 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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