Law Amending The Law On Energy

Original Language Title: Закон за изменение и допълнение на Закона за енергетиката

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15478/

Name of law
Law amending the Law on Energy




Name Bill
Amendments to the Law on Energy





Date of adoption
22/07/2015



Number / year Official Gazette
56/2015







DECREE № 144
Pursuant to Art. 98 pt. 4 of the Constitution of the Republic of Bulgaria
DECREE:
To be published in the "Official Gazette" Act amending the Energy Act adopted by HLІІI National Assembly on July 22, 2015
released in Sofia on July 23, 2015
President of the Republic: Rosen Plevneliev
stamped with the state seal.
Minister of Justice Hristo Ivanov

Law amending the Law on Energy (prom. SG. 107 of 2003 .; amend., SG. 18 of 2004, No. . 18 and 95, 2005, pcs. 30, 65 and 74 of 2006, pcs. 49, 55 and 59 of 2007, pcs. 36, 43 and 98 in 2008, pcs. 35, 41 42, 82 and 103 of 2009, pcs. 54 and 97 of 2010, pcs. 35 and 47 of 2011, pcs. 38, 54 and 82 of 2012, pcs. 15, 20, 23 59 and 66 of 2013, pcs. 98 2014 pcs. 14, 17, 35 and 48 of 2015)
§ 1. In art. 4 para. 2 made the following amendments:
1. A new item. 22:
"22. issue an ordinance for public disclosure and cost optimization of companies with 50 or more than 50 per cent state or municipal participation in the capital, together with the principal companies that carry out this law. "
2. Previous item. 22 becomes item. 23.
§ 2. In art. 15 new paragraph. 3:
"(3) the Commission adopted rules and regulations are published in the" Official Gazette "."
§3. In art. 21, para. 1, p. 18 before the word "certificates" insert "monthly."
§ 4. In art. 30 para. 1, p. 17 after the word "system" insert "including the operator of the electricity transmission network and operators of distribution networks" and the words "costs" insert "Art. And 34 ".
§ 5. In art. 34, para. 6, after the word "system" insert "including the operator of the electricity transmission network and operators of distribution networks."
§ 6. In art. 35, para. 5 after the word "system" is added "TSO and operators of distribution networks."
§ 7. In Chapter Three, Section IV creating art. 36b - 36zh:
"Art. 36b. (1) The management of the funds to cover the costs incurred by public service stemming from its obligations under Art. 93a decided by the commission, including previous regulatory periods Fund shall be established "security of the electricity system", hereinafter "the Fund".
(2) Payment to public service to cover the costs with money from the fund is carried out monthly.
(3) The Fund is a legal entity with headquarters in Sofia.
Art. 36c. (1) The Fund is managed by a board.
(2) The Board consists of five members who shall be appointed as follows:
1. Prime - Minister of Energy;
2. one member - by the Minister of Finance; 3
. one member - by the Minister of Environment and Water;
4. two members - from electricity producers.
(3) Members of the Board are determined in accordance with regulations approved by the Minister of Energy.
(4) The Minister of Energy by order determine the list of members of the Management Board after consultation with the Minister of Finance, Minister of Environment and Water and electricity producers.
(5) can not be a board member who is convicted of indictable offense or a spouse or relative in direct or collateral line to the fourth degree and by affinity to the third degree to another member of the bodies management of the Fund.
Art. 36d. (1) The Board shall be convened by the President.
(2) The meetings of the Management Board shall be valid if attended by not less than two thirds of its members.
(3) The Management Board shall be adopted by open vote and a simple majority of members present.
(4) The Management Board:
1. adopt rules of organization and operation of the fund and rules for spending and operations of the Fund;
2. control the revenue administration of the fund and their spending; 3
. sent annually by 31 March at the Department of Energy report on its activities, which is submitted by the Minister of Energy Ministers for adoption in committee for information;
4. performs other functions related to the management of the fund in accordance with current regulations.
Art. 36e. (1) The Fund shall be raised from:
1. contributions to art. 36f;
2. revenues generated by the auctions for the sale of quotas under Art. 57, para. 1 of the Act to limit climate change, which are used for the development of renewable energy sources;
3
. interest income, including arrears of contributions p. 1;
4. donations;
5. Revenue from statistical transfers of renewable energy used for the development of renewable energy sources.
(2) Funds under par. 1 maintenance costs relating to the operation of the fund and payment of funds to cover the costs incurred by public service stemming from its obligations under Art. 93a decided by the commission, including previous regulatory periods.
Art. 36f. (1) Contributions to the fund amounting to 5 percent make monthly:
1. electricity producers by revenue from electricity sold without VAT;
2. Traders who import electricity from revenues from imported and sold on the national electricity without VAT.
(2) Electricity producers and traders who import electricity market in the country, fed fund to 5th day of the current month earnings information under par. 1 for the previous month.
(3) Contributions to the Fund shall be paid by the 15th day of the month following the month to which they relate and are recognized as current expenses for tax purposes.
(4) For the purposes of price regulation in the composition of the committee recognized costs do not include expenses for contributions under par. 1.
(5) Contributions under par. 1 are public state receivables as unpaid contributions within established and collected under the Tax and Social Insurance Procedure Code by the National Revenue Agency.
(6) Funds and operations of the Fund are included in the consolidated fiscal program as resources and operations other economically autonomous persons under Art. 13 para. 4 of the Public Finance Act and are not part of the state budget.
(7) The resources from the fund provided for the payment of the costs incurred by public service can not be subject to interception and inaccessible.
Art. 36zh. Ministers Council determines the order and manner of raising, spending, accounting and control of the funds. "
§ 8. In art. 93a creates par. 4:
"(4) Commercial (TPS) schedules manufacturers of high combined electricity can be changed only under Art. 73. "
§ 9. In art. 94 a second sentence: "The end suppliers certified by the Protocol of measurements and invoice quantities of electricity purchased from any manufacturer."
§ 10. A new art. 98:
"Art. 98. (1) The contracts under Art. 97, para. 1 pt. 2 public.
(2) Within 14 days of the conclusion of contracts under par. 1 Parties shall submit them to the committee. Contracts, together with all amendments, whatever shall be made on the Commission's website within 7 days of receipt.
(3) the contracts are deleted information constituting trade secrets and information that is protected by law. "
§ 11. In art. 100 made the following amendments:
1. In para. 1 after the word "producer" insert "including producers of energy from renewable sources for the quantities of art. 31, para. 5 pt. 2 of the Law on renewable energy. "
2. In para. 2 after the words "under Art. 93a para. 1 "is added" and Art. 94 ". 3
. Paragraph 3 is amended as follows:
"(3) All end customers connected to the power system, including the operator of the electricity transmission network and operators of distribution networks pay costs Art. 34 and 35. "
4. In para. 4 after the word "system" insert "including the operator of the electricity transmission network and operators of distribution networks."
§ 12. In art. 162 is amended as follows:
1. In para. 1 the words "certificate" are replaced by "a monthly certificate."
2. In para. 4 the word "certificates" is replaced by "monthly certificates."
§ 13. § 1 of the additional provisions be made the following amendments:
1. A t. 27f:
"27f. "Combined balancing group" is a group of market participants, other than those licensed companies under Art. 39, para. 1 pt. 2, 3 and 7, the producers of art. 162 and the producers under the renewable energy, to which the general conditions for balancing according to the rules of art. 91, para. 2. "
2. Section 54a is amended as follows:
"54a. "Special balancing group" is a group formed by licensed companies under Art. 39, para. 1 pt. 2, 3 and 7 and manufacturers of art. 93a para. 1 and Art. 94a para. 3 to which the conditions for balancing according to the rules of art. 91, para. 2. "
third. Section 59b is amended as follows:
"59b. "Standard balancing group" is a group of market participants, other than those licensed companies under Art. 39, para. 1 pt. 2, 3 and 7, to which the general conditions of balancing under the rules of art. 91, para. 2. "

Transitional and Final Provisions
§ 14. Within 14 days after the entry into force of this Act contracts under Art. 97, para. 1 pt. 2 concluded before the entry into force of this Act, together with all amendments and supplements to be sent to the Commission by the parties. The Commission published a contract within 7 days of receipt.
§ 15. In the Law for climate change mitigation (prom. SG. 22 of 2014 .; amend., SG. 14, 17 and 41 of 2015) in art. 57 para. 2 is amended as follows:
"(2) Revenues from sale of quotas under par. 1 contribute to the fund "Security of electricity system". "
§ 16. In the Law on Renewable Energy (prom. SG. 35 of 2011 .; amend., SG. 29 and 54 of 2012 SG. 15, 59, 68 and 109 of 2013, pcs. 33 2014 .; Decision № 13 of the Constitutional Court from 2014 - SG. 65 of 2014 .; amend., SG. 14 17 and 35 of 2015) the following amendments:
1. In art. 18, the par. 7:
"(7) The encouragement under par. 1 pt. 2 of the energy objects of art. 24 pt. 3 combined cycle and indirect use of biomass, whose total weight manure is not less than 60 per cent applies only if the producer of electricity from renewable sources prove that the registered holding under of veterinary Law for at least three years before the date of application for accession and has a number of registered animals and poultry manure of producing 1 kWh of electricity per day as follows:
1 . cattle, buffalo - 1;
2. calves and heifers for fattening - 1; 3
. calves less than 6 months - 1.5 units;
4. pigs - 5;
5. sheep - 10;
6. birds - 300 pieces. "
2. In art. 24 tons. 3 is amended as follows:
"3. combined cycle and indirect use of biomass, which is planned to be built in urban areas, agricultural sites or manufacturing areas that have installed capacity to:
a) 1,5 MW and using biomass, whose total weight manure is not less than 60 per cent, subject to the requirements of Art. 18, para. 7 and that the installed power is demonstrated in accordance with the ordinance of art. 116, para. 7 of the Energy Act;
B) 500 kW, and using biomass from plant waste from its own agricultural production. "
Third. In art. 31:
a) paragraph 5 shall be amended as follows:
"(5) The public provider, respectively the end suppliers buy electricity produced from renewable sources under the following conditions:
1. a preferential price for the quantities of electricity to the net specific production of electricity on the basis of which there are preferential prices in the relevant decisions of KEVR; of objects of art. 24 pt. 3 fixed net specific production of electricity does not apply;
2. a price for excess balancing market of quantities in excess of production under item 1. "
B) The par. 12 and 13:
"(12) The quantities of electricity over those under par. 5 pt. 1 manufacturers can use to supply its branches, enterprises and objects, or to sell at freely negotiated prices under Chapter Nine, Section VII of the Energy Act and / or the balancing market.
(13) quantities of electricity under par. 5 commercial (TPS) schedules balancing groups with members of producers of electricity from renewable sources can be changed only under Art. 73 of the Energy Act. "
4. In § 1 of the Supplementary Provisions shall be created item. 29:
"29. "Net specific production of electricity" is the average annual electricity production of 1 kW of installed capacity as decided KEVR to determine the preferential prices after deducting own needs. "
§ 17. By July 31, 2015 in under the law on renewable energy Commission for energy and water Regulatory Commission adopted a decision establishing the net specific production of electricity on the basis of which there are preferential prices in the decisions of the Commission adopted before the enactment of this Act. In this case the art. 14 does not apply.
§ 18. (1) The producers of electricity from renewable sources by power plants that are built with funds from the national or European support scheme and in respect of which applications for aid have been submitted before the entry into force of Act renewable energy, prices apply as per Art. 31, para. 8 of the same Act, which recently decided by the Commission for Energy and Water Regulation at the date of entry into force of this Act.

(2) The producers of para. 1 within July 31, 2015 put contracts for the purchase of electricity which have concluded with the public provider or the relevant end supplier in accordance with the requirements of par. 1.
(3) After the deadline under par. 2 public provider or the relevant end suppliers buy electricity produced at the prices provided in par. 1.
(4) Paragraph 3 shall also apply in cases of default under par. 2.
(5) producers of electricity from renewable sources under par. 1 shall not apply the provisions of Art. 31, para. 4 and art. 32, para. 3 of the energy from renewable sources. After expiration of the contract for the purchase of art. 31, para. 2 of the renewable energy feed-in tariffs are not provided.
§ 19. (1) The provision of Art. 18, para. 7 of the Law on renewable energy does not apply to energy facilities for the production of electricity from renewable sources, which were put into operation before the enactment of this Act.
(2) energy objects of art. 24 pt. 3, letter "a" of the renewable energy that have applied for accession to the entry into force of this law and are not put into operation, the circumstances under Art. 18, para. 7 of the same law shall be justified with a request to the operator of the grid. The application shall be submitted within one month from the entry into force of amendments to the ordinance under Art. 116, para. 7.
(3) The ordinance under Art. 116, para. 7 into line with the Law on renewable energy within one month from the entry into force of this Act.
§ 20. Perks of art. 18, para. 1, p. 6, 7 and 8, and art. 31 and 32 of the Law on renewable energy not apply to energy facilities for the production of electricity from renewable sources under Art. 24 pt. 3 that are placed in service after July 1, 2016
§ 21. From the date of entry into force of this law until January 1, 2016 the State Energy and Water Regulatory Commission issued certificates of electricity producers energy origin of the goods electricity produced in high efficiency cogeneration of electricity and heat for a period of three months.
§ 22. Within three months of the entry into force of this Act the Minister of Energy issued the ordinance of art. 4 para. 2 item. 22.
§ 23. Checks on art. 80a be completed within one year from the entry into force of this Act.
§ 24. Paragraphs 3 and 12 come into force on January 1, 2016
§ 25. This Act shall enter into force on the day of its promulgation in the "Official Gazette".
The law was adopted by the 43rd National Assembly on July 22, 2015 and was affixed with the official seal of the National Assembly.
Chairman of the National Assembly Tsetska Tsacheva
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