Law Amending The Law On Climate Change Mitigation

Original Language Title: Закон за изменение и допълнение на Закона за ограничаване изменението на климата

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15302/

Name of law
Law amending the Law on limiting climate change




Name Bill
Bill amending the Law on limiting climate change





Date of adoption
22/05/2015



Number / year Official Gazette
41/2015







DECREE № 103
Pursuant to Art. 98 pt. 4 of the Constitution of the Republic of Bulgaria
DECREE:
To be published in the "Official Gazette" Law amending the Law on limiting climate change adopted by HLІІI National Assembly on May 22, 2015
Released in Sofia on May 29, 2015
President of the Republic: Rosen Plevneliev
stamped with the state seal.
Minister of Justice Hristo Ivanov

Law amending the Law on climate change mitigation (prom. SG. 22 of 2014 .; amend., SG. 14 and 17 2015)
§ 1. In art. 12 para. 1 made the following amendments:
1. A new item. 5:
"5. Minister of Economy. "
2. Previous items. 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 become items. 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15.
§ 2. Art. 15 is amended as follows:
1. In para. 1, 't. 2-5 pt. 7-9 "are replaced by" item. 2-6 pt. 8-10. "
2. In para. 2 words "item. 10-14 "are replaced by" item. 11-15 ". 3
. In para. 3 words "item. 3-9 "are replaced by" item. 3-10. "
§ 3. In art. 36, para. 2 finally added "and tonne-kilometer data."
§ 4. In art. 47 para. 1 is amended as follows:
"(1) Based on the decision of the European Commission allocation Minister of Environment and Water shall notify each year from 2013, Executive Director of the EEA for the allocation of quotas for the year accordance with Art. 43, para. 4 and 6. "
§ 5. In art. 48 be made the following amendments:
1. In para. 2, the second sentence: "Operators of installations can not fulfill their obligation under par. 1 Emissions from aviation activities. "
2. In para. 3 second sentence is deleted.
§ 6. In art. 49, para. 2, 'plus a percentage determined in "are replaced by" or the rate determined under Art. 1 ".
§ 7. In art. 57, para. 3 words "by a decision of the European Commission" be replaced by "pursuant to Regulation (EU) № 525/2013".
§ 8. In art. 60 after the words "Regulation (EU) № 389/2013" insert "for opening, closing an account, approving the change of plenipotentiaries in batch and update information on batch NRTKEPG."
§ 9. In art. 62 words "that are required in connection with permits for greenhouse gases" is replaced by "Art. 36, para. 1 and 2 ".
§ 10. In art. 63 be made the following amendments:
1. Paragraph 3 is amended as follows:

"(3) The information, except that under par. 1 and Art. 62 made known to the competent authorities and their employees in connection with their activities under this chapter, professional secrecy and can not be divulged except as provided by law. Professional secrecy does not constitute an official secret under the Law on protection of classified information. "
2. Created al. 4, 5, 6 and 7:
"(4) The competent authorities and employees are obliged to observe professional secrecy, even after their release from office or after the termination of legal relations.
(5) The information covered by professional secrecy may be used by competent authorities and officials only in connection with the performance of their functions.
(6) The information covered by professional secrecy may only be disclosed:
1. the authorities of the court, the prosecution, investigative authorities and police authorities under criminal or administrative penal proceedings;
2. State Agency "National Security" under the terms and conditions set out in the joint instruction, to the extent necessary to perform their functions; 3
. as aggregate data in a way that does not allow for individualization of the persons concerned;
4. the European Commission.
(7) persons and bodies under par. 6 are required to maintain the confidentiality of information received and use it for purposes for which it was provided, unless the competent authorities have expressly agreed that it be used for other purposes. "
§ 11. In art. 66 be made the following amendments:
1. A new paragraph. 3:
"(3) Greenhouse gas emissions from the whole lifecycle of liquid fuels, other than biofuels, are included in the report under par. 1 according to the methodology of art. 64 para. 3. "
2. Former para. 3 becomes para. 4.
§ 12. In art. 76 be made the following amendments:
1. A new paragraph. 2:
"(2) For each tonne of carbon dioxide equivalent for which the operator has not surrendered allowances issued after January 1, 2013, financial penalties under par. 1 multiplied by the ratio of the European consumer price index for the current year and the European consumer price index for 2013 published on the Eurostat website. "
2. Former para. 2 becomes para. 3 and the words "para. 1 "is replaced with" para. 1 and 2 ".
§ 13. In additional provisions be made the following amendments:
1. In § 1, p. 22 words "item. 2-5 pt. 7-14 "are replaced by" item. 2-6 pt. 8-15. "
2. In § 2 para. 2 creates so. 12:

"12. Regulation (EU) № 421/2014 of the European Parliament and of the Council of 16 April 2014 amending Directive 2003/87 / EC establishing a scheme for trading greenhouse gas emissions within the Community with a view to implementation by 2020 of an international agreement for the implementation of a single, global market-based measure of emissions from international aviation (OJ, L 129/1 of April 30, 2014). "
§ 14. In the transitional and final provisions make the following additions:
1. In § 3 para created. 3, 4, 5 and 6:
"(3) The operators of installations and aircraft operators who have not exhausted the allocated amounts of CERs and ERUs for the period 2008 - 2012 or borrow pursuant to Art. 49, para. 1 have the right to request the Executive Director of the EEA issue allowances valid from and after 2013, in exchange for:
1. Certified Emission Reductions and ERUs that are eligible for use within the EU ETS for the period 2008 - 2012, issued for reductions in emissions after 2013 from projects registered before 2013 .;
2. Certified Emission Reductions that are eligible for use within the EU ETS for the period 2008 - 2012, issued for reductions in emissions after 2013 from new projects started from and after 2013 at least developed countries identified by the United Nations as least developed on the basis of indicators - low income, weak human resources and high economic vulnerability.
(4) In the cases under par. 3 Executive Director of the EEA replaced and issue allowances valid from and after 2013, the deadline for the return of item. 2 to December 31, 2020
(5) The requirements of Art. 35, 36 and Art. 48, para. 1 shall not apply to:
1. aviation operators flying to and from airports located in countries outside the European Economic Area, for each calendar year from January 1, 2013 to December 31, 2016 .;
2. aircraft operators operating flights between the airport located in an outermost region within the meaning of Art. 349 of the Treaty on the Functioning of the European Union, an airport located in another region of the European Economic Area, in each calendar year from January 1, 2013 to December 31, 2016 .; 3
. transmitted to April 30, 2015 allowances corresponding verified emissions for 2013 from flights between airports located in countries of the European Economic Area, as well as reported to 31 March 2015 verified emissions for 2013 for these flights.
European Economic Area includes the states - party to the Agreement on the European Economic Area countries joined the European Union in 2013 and the outermost regions within the meaning of Art. 349 of the Treaty on the Functioning of the European Union.

(6) The requirements of Art. 35, 36, 48 and 50 shall not apply to aircraft operators with total annual emissions below 25,000 tons CO2, and are considered to be verified if a determination is used tool for small emitters emission Regulation (EU) № 606/2010 Decision of 9 July 2010 on the approval of a simplified tool developed by the European Organisation for the safety of air Navigation (Eurocontrol) to assess fuel consumption by some aircraft operators with low emissions (OJ, L 175/25 of 10 July 2010) and completed by the Eurocontrol data of its resources to support the ETS. "
2. In § 19 after the words "Minister of Energy" add "Minister of Economy."
§ 15. In Annex № 2 to art. 30 para. 3 created item. 11:
"11. flights that otherwise would fall within this activity, performed by non-commercial aircraft operator operating flights with total annual emissions below 1000 tonnes a year. "
law was adopted by the 43rd National Assembly on May 22, 2015 and stamped with the official seal of the National Assembly.
Chairman of the National Assembly Tsetska Tsacheva
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