Name of Act energy efficiency Act Name of Bill a bill on energy efficiency adopted 30/04/2015 number/year Official Gazette 35/2015 Decree No 84
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 on energy efficiency adopted by the HLIIÌ National Assembly on 30 April 2015.
Issued in Sofia on 8 may 2015.
The President of the Republic: Rosen Plevneliev
Stamped with the State seal.
Minister of Justice: Hristo Ivanov
LAW
for energy efficiency
Chapter one
GENERAL
Art. 1. (1) this Act regulates the social relations connected with the conduct of the State policy for improving energy efficiency.
(2) the law shall apply to the final consumption of energy from the armed forces, to the extent not contrary to the law on defence and the armed forces of the Republic of Bulgaria or another law in the field of national security.
Art. 2. the law seeks to improve energy efficiency as part of the policy of sustainable development of the country through:
1. the use of a set of activities and measures to improve energy efficiency in the production, transmission and distribution, and end-use energy;
2. the introduction of schemes for energy savings obligations;
3. development of the market for energy-efficient services and promote the provision of efficient services;
4. introduction of financial mechanisms and schemes to support the implementation of national target for energy efficiency.
Chapter two
GOVERNMENT IN THE FIELD OF ENERGY EFFICIENCY
Section I
Managing authorities
Art. 3. the State exercised its functions in the field of energy efficiency through the National Assembly and the Council of Ministers.
Art. 4. The National Assembly shall adopt a national strategy for energy efficiency in the Republic of Bulgaria, which sets out the stages, the means and measures for achieving the national goal for energy efficiency. The adopted strategy is published in the Official Gazette.
Art. 5. (1) the Council of Ministers defines the State policy in the field of energy efficiency as part of the policy of sustainable development of the country.
(2) in the exercise of its functions under paragraph 1. 1 the Council of Ministers shall, on a proposal from the Minister of energy submit for adoption by the National Assembly, the national strategy on energy efficiency of the Republic of Bulgaria.
(3) the Council of Ministers shall adopt:
1. national plans of action on energy efficiency;
2. the national plan for buildings with near-zero energy;
3. a national plan to improve the energy performance of heated and/or refrigerated buildings – State property used by the public administration;
4. the national long-term programme for the promotion of investments for the implementation of measures to improve the energy performance of buildings from the public and private national residential and commercial buildings;
5. annual reports on the implementation of the national action plans for energy efficiency;
6. regulations and other regulations in the field of energy efficiency in the cases provided for in this Act.
(4) for the purposes of determining State policy in the field of energy efficiency, public authorities and mayors of municipalities shall ensure the provision of the information necessary for the preparation of the acts under paragraph 1. 2 and al. 3, s. 1-5.
(5) the information referred to in para. 4 shall be made available to the authorities referred to in art. 6 and 11.
Art. 6. The State policy on energy efficiency is carried out by:
1. Minister of energy – in the field of energy efficiency in the production, transmission and distribution of energy as well as energy end-use;
2. the Minister of economy – in the field of improving energy efficiency in small and medium-sized enterprises, as well as in the energy consumption of the industrial systems;
3. the Minister of regional development and public works – in the field of development and introduction of technical regulations and standards in the field of energy performance of new and existing buildings, the realization of projects related to the renewal of residential buildings and improve energy efficiency in residential buildings in the Republic of Bulgaria;
4. the Minister of transport, information technology and communications, in the field of energy efficiency in the transport sector.
Art. 7. (1) the Minister of energy:
1. develop jointly with the Minister of economy, Minister of regional development and public works and the Minister of transport, information technology and communications and submit for approval by the Council of Ministers national strategy for energy efficiency in the Republic of Bulgaria;
2. develop jointly with the Minister of regional development and public works, Minister of economy and Minister of transport, information technology and communications national action plans for energy efficiency, which provides the European Commission;
3. participate jointly with the Minister of regional development and public works in the development and updating of the national plan for buildings with near-zero energy and provides the plan of the European Commission;
4. participate in the development and updating of the national plan to improve the energy performance of heated and/or refrigerated buildings – State property used by the public administration;
5. participate in the development and updating of the national long-term programme for the promotion of investments for the implementation of measures to improve the energy performance of buildings from the public and private national residential and commercial buildings;
6. submitted for adoption by the Council of Ministers annual reports under art. 5, al. 3, item 5 and make them available to the European Commission;
7. carries out interaction with other State and local authorities, as well as with non-profit organizations in respect of the implementation of the State policy in the field of energy efficiency;
8. develop regulations for the adaptation of national legislation in the field of energy efficiency with the right of the European Union;
9. developed and submitted for adoption by the Cabinet of Ministers draft regulations in the cases provided for in this Act;
10. issue alone or jointly with the relevant Ministers regulations relating to energy efficiency, within the limits of their powers under this Act;
11. approve the methodology for assessing the size of the payments from payers under art. 14, para. 4 to fund energy efficiency and renewable energy sources "and in other financial intermediaries required to achieve their individual goals, on a proposal from the Executive Director of the Agency for sustainable energy development;
12. approve the methodologies for estimating energy savings, drawn up in accordance with the Ordinance under art. 18, al. (2);
13. the competent institutions of the European Union the information provided for in the law of the European Union;
14. in accordance with its powers addressed to the competent institutions of the European Union requests and notifications for granting a temporary exemption from the application of the provisions of European Union law and the transitional periods in the field of energy efficiency in the cases provided for in the law of the European Union;
15. international cooperation of the Republic of Bulgaria in the field of energy efficiency;
16. carries out other powers in the field of energy efficiency, assigned to it by law.
(2) the content, the structure, the methods for providing information under para. 1, item 13 shall be determined by the Ordinance under art. 9, para. 4 of the law on power generation.
Art. 8. The Minister of economy within the framework of its competence:
1. participate in the development of a national strategy for energy efficiency in the Republic of Bulgaria;
2. participate in the development of national action plans for energy efficiency and provides to the Minister of energy annually by 1 March of the year following the year of reporting, information on their implementation;
3. offers promotion schemes for carrying out energy audits of small and medium-sized enterprises under art. 3 of the law on small and medium-sized enterprises, as well as the implementation of the recommended measures with ship surveys;
4. promotion schemes offered the carrying out of measures on energy efficiency in industrial systems.
Art. 9. Minister of regional development and public works within the limits of its competence:
1. participate in the development of a national strategy for energy efficiency in the Republic of Bulgaria;
2. participate in the development of national action plans for energy efficiency and provides to the Minister of energy annually by 1 March of the year following the year of reporting, information on their implementation;
3. develop and update, jointly with the Minister of energy and submitted for adoption by the Council of Ministers national plan for buildings with near-zero energy;
4. develop and update, jointly with the Minister of energy and submitted for adoption by the Council of Ministers national plan to improve the energy performance of heated and/or refrigerated buildings – State property used by the public administration;
5. develop and update, jointly with the Minister of energy and submitted for adoption by the Council of Ministers, the national long-term programme for the promotion of investments for the implementation of measures to improve the energy performance of buildings from the public and private national residential and commercial buildings;
6. issue alone or jointly with the relevant Ministers regulations relating to energy efficiency.
Art. 10. Minister of transport, information technology and communications within its competence:
1. participate in the development of a national strategy for energy efficiency in the Republic of Bulgaria;
2. participate in the development of national action plans for energy efficiency and provides to the Minister of energy annually by 1 March of the year following the year of reporting, information about their performance.
Art. 11. (1) the activities on carrying out the State policy to improve energy efficiency are implemented by the Executive Director of the Agency for sustainable energy development, hereinafter referred to as "the Agency".
(2) the Agency is a legal person the budgetary allowance based and has the status of an Executive Agency to the Minister of energy.
(3) the activities, structure and organization of the work of the Agency shall be determined by the rules of procedure adopted by the Council of Ministers.
(4) for the performance of its activities, the Agency shall set up territorial units in the areas of art. 4, al. 3 of the law on regional development. The seats of the territorial units shall be determined in the rules of procedure under para. 3.
(5) the Executive Director of the Agency shall be appointed and released from energy Secretary in consultation with the Prime Minister.
(6) the Executive Director of the Agency shall:
1. to manage and represent the Agency;
2. carries out the control over observance of the legislation in the area of energy efficiency;
3. interact with State and local authorities, as well as legal persons with regard to the implementation of the State policy in the field of energy efficiency;
4. arrange for the preparation and presentation of each year the Minister of energy for approval the accounts under art. 5, al. 3, item 5;
5. publish annually in the period to 31 March list of buildings under art. 27, al. 1, item 4, which, at 1 January of the year concerned do not meet the minimum energy performance requirements set by the Ordinance under art. 31, para. (4);
6. develop a methodology for assessing the size of the payments from payers under art. 14, para. 4 to fund energy efficiency and renewable energy sources "and in other financial intermediaries required to achieve their individual goals;
7. confirms the amount of energy savings as a result of the energy services and other energy efficiency improvement measures, through the issuance of evidence of energy savings;
8. arrange for the maintenance of a national information system on the State of energy efficiency;
9. assist the State and local authorities, as well as to the participants of the market of energy efficient facilities in the performance of their duties under this Act;
10. organizes the promotion of activities and measures to improve energy efficiency;
11. assist in the development of training in the field of energy efficiency and published on the website of the Agency's existing qualification schemes;
12. arrange the creation and maintenance of a list of buildings, businesses, industrial systems, systems for external artificial lighting, heating installations with boilers and air-conditioning systems, which are required in accordance with the requirements of this Act;
13. shall prepare, maintain and publish on the Agency's list of financial mechanisms and schemes to promote energy efficiency, which is updated annually;
14. participate in the development of normative acts, including the methodologies for the evaluation of the energy savings, on the adaptation of national legislation in the field of energy efficiency with the right of the European Union;
15. requests, in accordance with its powers by the managing authorities information on operational programmes of the European Union relating to the provision of funding for the implementation of energy saving measures and the use of energy from renewable sources, about the size of the underlying investments for implementation of energy saving measures and the use of energy from renewable sources, as well as achieved as a result of these investment levels of energy savings and of decentralised energy consumption from renewable sources;
16. organize drafting of contracts with guaranteed results (ESCO contracts) for the provision of energy services for the implementation of measures to improve energy efficiency in buildings, industrial systems and systems for external artificial lighting;
17. monitor in the performance of contracts in State buildings ESCO and municipal property;
18. place and other powers in the field of energy efficiency, assigned to it by law.
(7) the Agency is the administrator of the proceeds of:
1. funds from the State budget;
2. own activity;
3. the fines and pecuniary penalties imposed pursuant to this Act;
4. international programmes and agreements;
5. other sources identified with the enactment of the Council of Ministers.
Art. 12. (1) the State policy in the field of energy efficiency is being carried out by all State and local authorities.
(2) for the purposes of para. 1 State and local agencies developed and adopted energy efficiency programs, consistent with the objectives set out in the acts referred to in art. 4 and art. 5, al. 3, s. 1-4.
(3) the programmes referred to in paragraph 1. 2 shall be developed taking into account the strategic objectives and priorities of the regional development plans of the regions concerned under art. 4, al. 3 of the law on regional development and their prospects for sustainable economic development.
(4) the funds for the implementation of the programmes referred to in paragraph 1. 2 shall be provided in the context of the budgets of the State authorities and municipalities.
(5) the State and local authorities shall submit annually to the Executive Director of the agency reports on the implementation of the programmes referred to in paragraph 1. 2.
(6) Reports under paragraph 1. 5 shall contain a description of the activities and measures indicate the size of the energy savings achieved and shall be submitted no later than 1 March of the year following the year of implementation of the activities and measures.
(7) Reports on the Al. 5 shall be prepared in a form approved by the Executive Director of the Agency.
(8) the report on the implementation of the national action plan on energy efficiency includes information about:
1. implementation of national target for energy efficiency;
2. the primary and final energy consumption;
3. final energy consumption and gross value added by sector;
4. household disposable income;
5. gross domestic product;
6. production of electricity from thermal power stations;
7. production of electricity through combined heat and power;
8. the production of thermal energy from thermal power stations;
9. heat production from the combined thermal power stations, including industrial waste heat;
10. the fuel consumption for the production of heat;
11. p″tnikokilometrite (pkm), in the event that the information is available;
12. tonne-kilometre (tkm), in the event that the information is available;
13. combined transport kilometres (pkm + tkm), in the event that the information under item 11 and 12 is not available;
14. the population of the country;
15. the measures implemented during the previous year, which contribute to the achievement of the national goal for energy efficiency, as well as for the reported and/or intended effect of those measures;
16. the developed area full of buildings under art. 23, para. 1 and 2;
17. the energy savings achieved by the energy efficiency commitments;
18. the amount of public spending on energy efficiency, including in sectors.
(9) the reports on al. 5 shall be published on the Internet pages of the Al. 1.
(10) the reports on al. 8 shall be published on the website of the Agency.
Section II
Targets for energy efficiency
Art. 13. (1) the national goal for energy efficiency is defined as the amount of savings in primary and in final energy consumption by 31 December 2020.
(2) the national goal in al. 1 shall be laid down in the national action plan on energy efficiency.
(3) in determining the target under para. 1 taking into account the forecast of primary energy consumption by 31 December 2020, determined on the basis of:
1. the potential for energy savings in an economically efficient manner;
2. development of gross domestic product and forecasts;
3. changes in the quantities of imported and exported energy;
4. the use of energy from renewable sources, the use of nuclear energy, the construction of facilities for capture and storage of carbon dioxide;
5. the energy efficiency improvement measures implemented in the past period.
Art. 14. (1) to support the implementation of the national target for energy efficiency scheme is introduced for energy savings obligations to ensure the achievement of a common goal for cumulative energy savings energy end-use by 31 December 2020.
(2) the total cumulative goal under para. 1 for the period 2014-2020 is defined as the accumulation of new energy savings of at least 1.5 per cent per year of the average value of the total amount of sales of energy to final customers on the territory of the country in 2010, 2011 and 2012, with the exception of the amount of sales of energy used in the transportation sector, under the code "B_101900" at Eurostat statistics.
(3) the purpose of Pará. 2 shall be reduced by up to 25 percent by turning off the sales quantities of energy used in the industrial activities listed in annex No. 1 of the law on curbing climate change, and through the application of para. 5, items 1 and 2 and art. 16, items 1 and 2.
(4) the total cumulative goal under para. 1 is distributed as individual goals for energy savings between the following liable persons:
1. Terminal suppliers, suppliers of last resort, with traders licence issued for the activity of electricity trading "that sell electricity to final customers more than 20 GWh per year;
2. enterprises and heat transfer of thermal energy suppliers that sell heat to final customers more than 20 GWh per year;
3. Terminal suppliers and traders with the natural gas they sell to end customers more than $ 1 million. cubic metres per year;
4. liquid fuel traders who sell to end customers more than 6.5 Hill. tons of fuel oil a year, with the exception of fuel for transport purposes;
5. solid fuels, with traders who sell to end customers more than $ 13,000. tons of fossil fuel per year.
(5) in determining the overall cumulative target under para. 1 you can use the following values for the calculation of energy savings in size: 1.1 percent a year for the 2014 and 2015;
2. for the 1.25 percent annually for 2016 and 2017;
3. at 1.50 percent annually for 2018, 2019 and 2020.
Art. 15. (1) the individual targets for energy savings represent annual energy savings in the end customers for the period 1 January 2014 to 31 December 2020.
(2) the individual annual objectives under para. 1 is defined as the annual average of the total amount of sales of energy to final customers on the territory of the country in 2010, 2011 and 2012 shall be distributed in proportion to the quantities marketed by the liable person under art. 14, para. 4 quantities of energy to final customers in the previous year.
(3) the list of obligated persons under art. 14, para. 4 and their individual annual objectives are updated on an annual basis in accordance with the change in quantity of sales of the liable person in relation to the total amount of sales of all persons liable for the previous year.
Art. 16. Taking into account the implementation of the individual annual objectives obligated persons under art. 14, para. 4 may include, in addition to the amounts of energy saved in the end customers, and saved energy quantities:
1. the measures implemented after 31 December 2008, which shall continue to have effect until 31 December 2020;
2. measures to improve energy efficiency in the production, transport and/or distribution of energy;
3. achieved in the preceding 4 or the next three years.
Art. 17. For the implementation of individual targets for energy savings the obligated persons under art. 14, para. 4 can use the reduction of their annual fixed individual goal with one percent in the provision of information under art. 63, para. 6.
Art. 18. (1) the methodologies for the determination of the national target for energy efficiency, the determination of the total cumulative order, the introduction of a scheme for the obligations for energy savings and the allocation of individual targets for energy savings between payers under art. 14, para. 4 shall be determined by an Ordinance of the Council of Ministers.
(2) the eligible measures for energy savings in end-use, the means of proof of the achieved energy savings requirements, methodologies for their evaluation and their ways of verification shall be determined by an Ordinance of the Minister of energy.
(3) the eligible measures for improving energy efficiency in the production, transport and/or distribution of energy, the arrangements for the assessment of the status, as well as the terms and conditions for the evaluation of the energy savings realized as a result of these measures, shall be determined by an Ordinance of the Council of Ministers.
Art. 19. (1) the list of obligated persons under art. 14, para. 4 and their assigned individual targets for energy savings shall be adopted by the Council of Ministers together with the national action plans for energy efficiency.
(2) the update of the list of obligated persons under art. 14, para. 4 and their individual goals for energy savings shall be carried out with the annual reports on the implementation of the national action plans for energy efficiency.
(3) the Agency shall maintain on your page information about the current performance of the individual goals for energy savings.
Art. 20. in the performance of individual targets for energy savings the obligated persons under art. 14, para. 4 are required to:
1. implemented energy efficiency improvement measures, as well as activities related to the implementation of these measures;
2. refrain from any action that might impede the supply, demand and the development of energy-efficient services and the implementation of other activities and energy efficiency improvement measures, including not to impede competitors or allow any abuse of a dominant position.
Art. 21. in the performance of individual targets for energy savings the obligated persons under art. 14, para. 4 may:
1. offer energy efficient services at competitive prices through energy efficient facilities, and/or
2. contribute to a fund "energy efficiency and renewable energy sources", or in other financial intermediaries to finance activities and energy efficiency measures in the amount of investment required for the implementation of measures to achieve their individual goals, determined in accordance with the procedure referred to in art. 7, para. 1, item 11, and/or
3. enter into agreements with providers of energy services or other non-liable parties to transfer the energy savings by transferring energy savings certificates under art. 75, para. 3.
Art. 22. the preparation of an assessment of the energy-saving effect of the implemented energy efficiency improvement measures, in order to demonstrate the performance of the individual goals for energy savings to payers under art. 14, para. 4 shall be carried out by the procedure of art. 76.
Art. 23. (1) to support the implementation of the national target for energy efficiency in all the heated and/or refrigerated buildings – State property used by the State administration annually, take measures to improve the energy performance of at least 5 percent of the total gross floor area.
(2) the purpose of Pará. 1 shall be calculated on the basis of the unfolded built area of buildings with a floor area of over 500 sq. m, of 9 July 2015 – over 250 square miles. m, which on 1 January of the year concerned do not meet the minimum energy performance requirements set by the Ordinance under art. 31, para. 4.
(3) the requirements of paragraphs 1 and 2. 1 shall not apply to:
1. cultural values, buildings included in the scope of the law on cultural heritage, as far as the implementation of certain minimum energy performance requirements leads to distortion of architectural and/or artistic characteristics of the building;
2. buildings, owned by the armed forces or by the Administration, which serve for the purposes of national defence, apart from military dorms or office buildings for the officers of the armed forces and other staff employed by the national authorities of the defense.
(4) for buildings under para. 1 in the order of their priority ranking in the list under art. 27, al. 1, item 4 shall apply measures to improve their energy performance.
(5) To achieve improved energy performance of more than 5 per cent of the total floor area of heated and/or refrigerated buildings – State property used by the public administration, in any given year the surplus can be transferred to each of the previous three or to any of the next three years.
Section III
National strategy, national plans and programmes
Art. 24. The national strategy for the energy efficiency of the Republic of Bulgaria shall determine:
1. the priorities of the State policy in the field of energy efficiency;
2. the instruments for the implementation of national target under art. 13, para. 2, including mechanisms, incentives and institutional, financial and legal frameworks to remove existing market barriers and imperfections that inhibit the efficiency in the production, transmission, distribution and consumption of energy;
3. the mechanisms for encouraging the development and promotion of a market for energy services;
4. instruments to promote changes in the behaviour of energy consumers by informing them of the benefits of energy efficiency inspections, application of energy efficiency measures and the introduction of intelligent metering systems.
Art. 25. (1) national action plans for energy efficiency are being developed on the pattern adopted by the European Commission.
(2) the plans contain measures for improving energy efficiency and energy savings achieved or expected, including measures for transmission and distribution of energy, as well as in final energy consumption, with a view to reaching a national target for energy efficiency set by the national strategy on energy efficiency of the Republic of Bulgaria.
(3) in the plans could include the measures for priority implementation in energy poor households or in buildings for social housing.
(4) Plans are drawn up for a period of three years.
Art. 26. The national plan for buildings with near-zero energy contains:
1. national definition and technical indicators for buildings with near-zero energy, reflecting national conditions;
2. national targets for an increase in the number of buildings with near-zero energy depending on the classification of types of buildings under the Ordinance under art. 31, para. (4);
3. the policies and mechanisms, including financial, to promote the construction of buildings with a near-zero energy;
4. the period of validity of the plan.
Art. 27. (1) the national plan to improve the energy performance of heated and/or refrigerated buildings – State property used by the State administration, contains:
1. Overview of the national buildings;
2. determination of cost effective approaches to improve the energy performance of buildings, adapted to the type of buildings and climatic zone;
3. policies and measures to promote cost effective mainly improve the energy performance of buildings, including a staged runs;
4. a list of the buildings, which, at 1 January of the year concerned do not meet the minimum energy performance requirements set by the Ordinance under art. 31, para. 4, ordered by priority, with the highest priority are buildings with the worst energy performance relative to the minimum energy performance requirements;
5. the period of validity of the plan.
(2) the plan referred to in paragraph 1. 1 shall submit to the European Commission, together with national plans of action on energy efficiency.
Art. 28. (1) the national long-term programme for the promotion of investments for the implementation of measures to improve the energy performance of buildings from the public and private national residential and commercial buildings include:
1. Overview of the national buildings, based on statistical samples;
2. determination of cost-effective approaches to the improvement of the energy performance of buildings, adapted to the type of buildings and climatic zone;
3. policies and measures to promote cost effective mainly improve the energy performance of buildings, including a staged satisfied;
4. create a financial framework to guide investment decisions of investors, construction industry and financial intermediaries;
5. forecast of the expected energy savings.
(2) the programme referred to in paragraph 1. 1 shall be submitted to the European Commission, together with national plans of action on energy efficiency.
Chapter three
ACTIVITIES AND MEASURES TO IMPROVE ENERGY EFFICIENCY AND THE PROVISION OF ENERGY SERVICES
Section I
Activities and measures to improve energy efficiency
Art. 29. Activities to improve energy efficiency are: 1. reduce the costs of energy production, transmission and distribution of energy as well as energy end-use;
2. training and qualifications in the field of energy efficiency of persons providing efficient services;
3. assessment of the conformity of investment projects of buildings in terms of energy efficiency requirements;
4. the energy efficiency of buildings;
5. check for energy efficiency of heating installations with boilers and of air-conditioning systems in buildings;
6. exploration for energy efficiency of enterprises, industrial systems and systems for external artificial lighting;
7. management of energy efficiency;
8. the provision of efficient services;
9. raise awareness of households.
Art. 30. (1) Measures to improve energy efficiency are the actions that lead to testable, measurable or estimable energy efficiency improvement, energy end-use, as well as in the production, transmission and distribution of energy.
(2) the eligible measures under para. 1 shall be determined by the Ordinances under art. 18, al. 2 and 3.
Section II
Inspection and certification of buildings
Art. 31. (1) every investment project for the construction of a new building, reconstruction, basic renovation, major repairs, which covers over 25 per cent of the area of the external surrounding structures and elements for the building or conversion of an existing building, in which change the energy performance of the building shall comply with the requirements for energy efficiency provided for in this law and in the law on the territory.
(2) investment projects for new buildings under para. 1 must comply with the technical, environmental and economic feasibility of alternative systems and highly efficient systems for using:
1. decentralized systems of production and consumption of energy from renewable sources;
2. equipment for the combined production of electric and thermal energy;
3. installations for central heating and cooling or locally, as well as of those which wholly or partly using energy from renewable sources;
4. heat pumps.
(3) the indicators for energy consumption and the energy performance of buildings and the parameters of the classes of energy consumption for different categories of buildings for the purposes intended shall be determined by an Ordinance issued by the Minister of energy and Minister of regional development and public works.
(4) the minimum requirements for the energy performance of buildings or parts thereof, with a view to achieving optimum levels of costs, technical requirements and energy efficiency indicators and the method/standard to determine the annual energy consumption in buildings, including buildings with near-zero energy, shall be determined by an Ordinance of the Minister of regional development and public works.
(5) the requirements for the energy performance are subject to mandatory periodic inspection once every 5 years and updated as necessary to reflect the technological development in the building sector.
Art. 32. (1) the energy performance of new building before commissioning shall be certified with a certificate for energy performance project.
(2) where the separate parts in the new building have different purposes and are separated as heat zones and each zone has an air conditioned volume of less than 90 per cent of the total volume of air conditioned building certificate under para. shall be issued separately for each zone on a scale appropriate to the intended use of the area.
(3) in the case of a thermal area with air conditioned volume equal to or greater than 90 per cent of the total volume of an air-conditioned building, the certificate referred to in paragraph 1. shall be issued for the entire building in accordance with the scale for the category of buildings, to which this zone belongs.
(4) the certificate referred to in paragraph 1. shall be issued on the basis of the energy performance of the building of the investment project of the building (ekzekutivnata documentation) of the persons referred to in:
1. Article 43, para. 1;
2. Article 43, para. 2 – only for building fifth category according to art. 137, para. 1, item 5 of the law on spatial planning, with the exception of the buildings for public services in this category.
(5) the provisions of para. 1 shall not apply to: 1. prayer homes of legally registered denominations in the country;
2. temporary buildings with a planned time of use of two years;
3. farmers outbuildings used for agricultural activity;
4. production buildings and parts of buildings with production purposes;
5. residential buildings, which are used for their intended purpose until 4 months per year or alternatively in a limited period of time in the year and estimated energy consumption, less than 25 percent of the expected in year round use;
6. buildings with a floor area up to 50 sq.m. (m).
Art. 33. (1) the contracting authority within the meaning of art. 161, para. 1 of the law on the territory of the new building is required to obtain a certificate for the project of the building energy performance before putting her into service.
(2) the owners of private entities in the building have the right to obtain a copy of the original of the certificate to the energy performance of the building project. The original of the certificate must be kept by the authorised person by owners.
Art. 34. (1) upon the sale of a new building in its entirety, the seller shall provide the buyer the original certificate for project energy characteristics.
(2) in the sale of individual objects in a new building, the seller provides the buyer with a copy of the certificate for the design of the building energy performance.
(3) in the case of the rental of new premises or on individual objects within it the landlord shall provide the tenant a copy of the certificate for the design of the building energy performance.
(4) When a new building, for which a certificate has been issued for design, energy performance, or a private entity it announces for sale or for rent, the marker specific annual primary energy consumption – kWh/m2, referred to in the certificate, shall be recorded in all listings.
Art. 35. The procedure for the issue of a certificate of design energy performance are determined by the Ordinance under art. 48.
Art. 36. (1) the energy performance of buildings in operation shall be established with exploration for energy efficiency.
(2) the inspection for energy efficiency of buildings in the operation aims to establish the level of energy consumption, to determine the specific mitigation options and recommend energy efficiency improvement measures.
(3) the inspection ends with a report and with the issue of a certificate for energy performance of the building. The report and the certificate shall be drawn up under the conditions and by the order of the Ordinance under art. 48.
Art. 37. (1) the certification for energy efficiency of buildings and parts of buildings in the operation aims to verify the current status of energy consumption in buildings, energy performance and their compliance with the scale of energy classes, determined by the Ordinance under art. 31, para. 3.
(2) Certification for energy efficiency of buildings and parts of buildings in the operation shall be carried out on the basis of exploration for energy efficiency.
(3) where the individual parts of the building into operation have different purposes and are separated as heat zones and each zone has an air conditioned volume of less than 90 per cent of the total volume of air conditioned building certificate under art. 36, para. 3 is issued separately for each zone on a scale appropriate to the intended use of the area.
(4) in the presence of a thermal area with air conditioned volume equal to or greater than 90 per cent of the total volume of an air-conditioned building, the certificate referred to in art. 36, para. 3 shall be issued for the entire building in accordance with the scale for the category of buildings, to which this zone belongs.
Art. 38. (1) every building in operation can be inspected and certified, with the exception of:
1. prayer homes of legally registered denominations in the country;
2. temporary buildings with a planned time of use of two years;
3. farmers outbuildings used for agricultural activity;
4. production buildings and parts of buildings with production purposes;
5. residential buildings, which are used for their intended purpose until 4 months per year or alternatively in a limited period of time in the year and estimated energy consumption, less than 25 percent of the expected in year round use;
6. buildings with floor area of 50 sq. (m).
(2) cultural values, Buildings included in the scope of the law on cultural heritage, can be tested for energy efficiency and to be certified, as far as the implementation of certain minimum energy performance requirements does not lead to distortion of architectural and/or artistic characteristics of the building.
(3) all buildings for public services in operation with gross floor area of over 500 sq. m, of 9 July 2015 – with gross floor area over 250 m2. m, are subject to compulsory inspection and certification, with the exception of buildings under para. 2. (4) owners of buildings under para. 3 are required to implement measures to achieve the minimum grade of the entire energy consumption prescribed by the first survey within three years from the date of acceptance of the results of the inspection.
(5) owners of the buildings for public service with a built-up area of over 500 sq. m, of 9 July 2015 – with gross floor area over 250 m2. m, for which an energy performance certificate has been issued, shall be required to affix the certificate in a conspicuous place in the building.
Art. 39. (1) the granting of an energy performance certificate of a building in operation, the energy performance certificate shall be certified for the energy performance of the building project.
(2) building owners for public services in the territory are required to acquire pursuant to this law an energy performance certificate of a building not less than three and not later than 6 years from the date of its entry into service.
(3) the energy performance certificate of a building in service update at the time of completion of the activities leading up to the change of the energy performance of the building: reconstruction, basic renovation, major repairs, which covers over 25 per cent of the area of the external surrounding structures and elements of the building and refurbishments of existing buildings.
Art. 40. (1) measures to increase energy efficiency, which is recommended in any reconstruction, basic renovation, major repairs of a building or of parts of the building in operation shall be assessed in terms of the technical and economic feasibility of using alternative installations and systems under art. 31, para. 2. (2) energy performance must comply with the minimum statutory requirements laid down in the Ordinance under art. 31, para. 4, after reconstruction, basic renovation, major repairs, which lead to a change of the energy performance of the building.
Art. 41. (1) upon the sale of a building under art. 38, para. 3 seller shall provide the buyer an energy performance certificate of a building, and in the sale of a private entity in the building – a certified copy of the certificate for the energy performance of the building.
(2) when renting a building under art. 38, para. 3 or a private entity in building the landlord shall provide the tenant a copy of the certificate for the energy performance of the building.
(3) when the building in operation, for which an energy performance certificate has been issued, or a private entity in it's obâvena for sale or for rent, the marker specific annual primary energy consumption – kWh/m2, referred to in the certificate, shall be recorded in all listings.
Art. 42. Persons who carry out inspection and certification of buildings issued an energy performance certificate of a building, which is accompanied by a declaration of the absence of the circumstances under art. 43, para. 4.
Art. 43. (1) the inspection for energy efficiency, the certification of buildings, the drafting of the assessment of conformity of investment projects and the preparation of the estimates for the energy savings shall be carried out by persons entered in the register under art. 44, para. 1 which:
1. have traders within the meaning of the commercial law or under the legislation of another Member State of the European Union or of another State party to the agreement on the European economic area or the Swiss Switzerland;
2. have the necessary technical means, determined by the Ordinance under art. 44, para. 9;
3. have the necessary personnel – energy efficiency consultants who meet the requirements of the Ordinance under art. 44, para. 9 and:
a) have completed tertiary education in the field of technical sciences vocational direction and degree courses in accordance with the requirements of the Ordinance under art. 44, para. 9, recognized in the Republic of Bulgaria or in another Member State of the European Union or in another State party to the agreement on the European economic area or Switzerland in the Confederation, or secondary technical education;
b) have gained experience-not less than two years for persons with educational qualification degree "master" not less than three years for persons with educational qualification degree "bachelor" and not less than 6 years for persons with secondary technical education;
in) have a certificate for successfully passing an examination to acquire the necessary qualifications to carry out the activities referred to in this subparagraph in higher technical schools, specialized in professional fields "energy", "electrical equipment" and "architecture, construction and Geodesy", accredited by the order of the law for higher education or by the order of the corresponding legislation of another Member State of the European Union or of another State party to the agreement on the European economic area , or the Swiss Switzerland.
(2) the inspection for energy efficiency, the certification of buildings, the drafting of the assessment of conformity of investment projects and the preparation of the estimates for the energy savings for buildings fifth category according to art. 137, para. 1, item 5 of the law on spatial planning, with the exception of the buildings intended for public services of this category may be carried out by persons entered in the register under art. 44, para. 1 which:
1. are individuals – energy efficiency consultants who meet the requirements of the Ordinance under art. 44, para. 9;
2. have the necessary technical means, determined by the Ordinance under art. 44, para. 9;
3. have completed tertiary education in the field of technical sciences vocational direction and degree courses in accordance with the requirements of the Ordinance under art. 44, para. 9, recognized in the Republic of Bulgaria or in another Member State of the European Union or in another State party to the agreement on the European economic area or Switzerland in the Confederation, or secondary technical education;
4. have acquired experience – not less than two years for persons with educational qualification degree "master" not less than three years for persons with educational qualification degree "bachelor" and not less than 6 years for persons with secondary technical education;
5. possess certificate pass to acquire the necessary qualifications to carry out the activities referred to in this subparagraph in higher technical schools, specialized in professional fields "energy" and "electrical equipment", accredited by the order of the law for higher education or by the order of the corresponding legislation of another Member State of the European Union or of another State party to the agreement on the European economic area , or the Swiss Switzerland.
(3) the qualification of consultants in energy efficiency is acquired on two levels:
1. level 1-have the competence to carry out the activities referred to in para. 1 for all categories of buildings according to art. 137, para. 1 of the law on spatial planning and the nomenclature of the species by building individual categories, determined by the Ordinance under art. 137, para. 2 of the law on spatial planning;
2. level 2 – have a competence for carrying out the activities referred to in para. 1 fifth category for buildings pursuant to art. 137, para. 1, item 5 of the law on spatial planning and the nomenclature of the species by building individual categories, determined by the Ordinance under art. 137, para. 2 of the law on spatial planning, without the buildings for public service in the same category.
(4) the persons referred to in para. 1 of them leased, including staff and persons referred to in para. 2 do not have the right to carry out energy efficiency and/or conformity assessment for energy efficiency of the building projects when they are:
1. the designers of the building;
2. builders and/or suppliers of machinery, equipment and technological equipment of the building;
3. the participants in the operation of the building;
4. the participants in the implementation of energy saving measures in the building.
(5) energy efficiency consultants under para. 1, item 3 may participate in teams of not more than two persons at al. 1, item 1, and under art. 59, para. 1, item 1.
(6) energy efficiency consultants who carried out the survey for the energy efficiency of the building, before the implementation of energy saving measures in the inspection, may not carry out energy efficiency audit to demonstrate implementation of the prescribed measures, and evaluation to demonstrate the absolute levels of energy savings as a result of the implementation of these measures.
(7) to the report of the inspection statement of no circumstances under para. 4 and 6.
Art. 44. (1) the Agency entered into a public register the persons under art. 43, para. 1 and 2 at their written request.
(2) The written request referred to in paragraph 1. 1 apply: 1. the persons under art. 43, para. 1 – documents certifying the circumstances under art. 43, para. 1, item 1-3;
2. the persons under art. 43, para. 2:
a) documents certifying the circumstances under art. 43, para. 2, item 3-5;
(b)) a declaration under art. 43, para. 2, item 2.
(3) the Agency shall issue the persons entered in the register of certificates against payment of a fee determined by the tariff referred to in art. 75, para. 1. (4) the Agency refuses to enter in the register the persons who do not meet the requirements under art. 43, para. 1 or 2.
(5) the certificate of registration in the register or a motivated written refusal of registration shall be issued by the Executive Director of the Agency under the conditions and within the limits provided for in the administrative code.
(6) the period of validity of the certificate of registration in the register is 5 years.
(7) after the expiry of the period of validity of the certificate of entry in the register shall issue a new certificate of registration upon submission of the statement that there is no change in the circumstances under para. 2, or of the relevant documents in the event of a change in circumstances under para. 2.
(8) refusal of entry in the register shall be subject to appeal under the administrative code.
(9) the circumstances under art. 43, subject to registration, the procedure for entry in the register and to receive information, as well as the conditions and procedures for the acquisition of qualification under art. 43, para. 1, item 3 (c) and al. 2, item 5, shall be determined by an Ordinance issued by the Minister of energy and Minister of regional development and public works.
Art. 45. the Agency persons deleted from the register, received certificates with the right to carry out energy efficiency audit when: 1. they meet any of the conditions under art. 43, para. 1 or 2;
2. have submitted a false statement under art. 44, para. 2, paragraph 2, point (b);
3. have contravened the requirements of art. 43, para. 4, 5 or 6;
4. have committed systematic violations under this Act established by the penal provisions in force;
5. a are bankrupt or being wound up.
Art. 46. (1) the persons under art. 43, para. 1 and 2 represent the Agency on an annual basis not later than 31 January of the current calendar year, a list of buildings that have carried out activities under art. 43, para. 1 and/or 2 in the previous year.
(2) the list under para. 1 shall be made in a form approved by the Executive Director of the Agency, and shall be submitted in paper and electronic.
Art. 47. (1) the energy performance certificate of a building in service is valid for up to 10 years.
(2) after the expiry of the time limit referred to in paragraph 1. 1 the owner of the building is required to acquire pursuant to this law up to date energy performance certificate of a building.
(3) the period of validity under para. 1 shall run from the date of issue of the certificate, (a) in the cases under art. 24, p. 18 and 19 of the law for local taxes and fees – from the beginning of the year following the year of issue of the certificate.
Art. 48. The procedure for carrying out inspection and certification for energy efficiency of buildings, parts of buildings, as well as the conditions and procedures for the preparation of the evaluation of the energy savings shall be determined by an Ordinance issued by the Minister of energy and Minister of regional development and public works.
Section III
Check for energy efficiency of heating installations with boilers and of air-conditioning systems in buildings
Art. 49. The energy efficiency of heating installations with boilers and of air-conditioning systems in buildings is intended to establish the level of efficiency in their operation and the identification of measures for its improvement.
Art. 50. (1) an inspection pursuant to this Act subject to heating installations with boilers of an effective rated in buildings for space heating power above 20 kW.
(2) according to the installed power and the type of energy used heating installations with boilers are subject to mandatory periodic inspection for energy efficiency: 1. once every 8 years – for heating installations with boilers of liquid or solid fuel with a single nominal power from 20 to 50 kW including natural gas unit nominal power over 100 kW;
2. every 4 years – for heating installations with boilers of liquid or solid fuel with a single nominal power 50 to 100 kW;
3. every three years – for heating installations with boilers of liquid or solid fuel with a single nominal power over 100 kW inclusive.
(3) the verification referred to in paragraph 1. 2 include an assessment of: 1. the condition and operation of accessible parts of heating installations in buildings, including vodogrejnite boilers, control systems of heat supply and circulation pumps;
2. the efficiency of boilers vodogrejnite – only for hot water boilers with a single nominal power 50 kW;
3. sizing of vodogrejnite boilers in accordance with the needs of the heating of the building.
(4) the assessment under paragraph 1. 3, item 3, shall not take place if, in the period between two inspections are not carried out changes in the heating system or the heating requirements of the building.
(5) the examination of the heating installations with boilers shall be carried out during the heating period with operating heating installations with boilers.
(6) the first examination of boilers installed in new buildings is carried out within the scope of the inspection for the energy efficiency of the building after putting her into service.
Art. 51. (1) an inspection pursuant to this Act subject to air-conditioning systems in buildings with a nominal electric power more than 12 kW.
(2) subject to air-conditioning systems mandatory periodic inspection for energy efficiency once every four years, which includes an assessment of:
1. the status and functioning of the accessible parts of the air-conditioning system;
2. the efficiency of air conditioning;
3. sizing of air conditioning in accordance with the needs of the cooling of the building.
(3) the assessment under paragraph 1. 2, item 3, shall not take place if, in the period between two inspections are not carried out changes in the installation or have not changed the requirements to the cooling of the building when the installation is running in cooling mode.
Art. 52. (1) the Agency shall set up and maintain a database for the status of:
1. heating installations with boilers under art. 50, para. 1;
2. air-conditioning systems under art. 51, para. 1.
(2) within 6 months from the date of commissioning of the facilities at al. 1 their owners submitted to the Agency with a declaration in a form approved by the Executive Director of the Agency.
(3) the information referred to in para. 2 serves to create and maintain a database on al. 1.
Art. 53. (1) For heating installations with boilers with a life expectancy over 15 years for energy efficiency verification includes recommendations to the owner for improving efficiency, replacement of boilers, heating installation, other modifications to the heating installation and/or other alternative solutions.
(2) the verification referred to in paragraph 1. 1 is performed only once.
Art. 54. (1) the energy efficiency of heating installations with boilers under art. 50, para. 1 and of air-conditioning systems in art. 51, para. 1 shall be made by the persons under art. 43, para. 1 and 2 and/or art. 59, para. 1.
(2) the verification referred to in paragraph 1. 1 concludes with a report, which shall be drawn up under the conditions and by the order of the Ordinance under art. 56.
(3) the report under para. 2 is provided to the owner or lessee of a building or of a person authorized by the owners of the building face.
Art. 55. (1) the persons under art. 43, para. 1 and 2 and art. 59, para. 1 submit annually to the Agency no later than January 31 of the current calendar year, a list of the heating installations with boilers and of air-conditioning systems, which have carried out checks in the previous year.
(2) the list under para. 1 shall be made in a form approved by the Executive Director of the Agency, and shall be submitted in paper and electronic.
Art. 56. The conditions and procedures for carrying out checks on energy efficiency of heating installations with boilers under art. 50, para. 1 and of air-conditioning systems in art. 51, para. 1 the procedure for the preparation of the evaluation of the energy savings, as well as the conditions and procedures for creating, maintaining and using a database of art. 52 set by an Ordinance issued by the Minister of energy and Minister of regional development and public works.
Section IV
Exploration for energy efficiency of enterprises, industrial systems and systems for external artificial lighting
Art. 57. (1) the inspection for energy efficiency of enterprises, industrial systems and systems for external artificial lighting is designed to identify specific opportunities for reducing energy consumption and recommend measures for improving energy efficiency.
(2) The mandatory energy efficiency surveys are subject to all:
1. production plants, which are not small and medium-sized enterprises within the meaning of art. 3 of the law on small and medium-sized enterprises;
2. undertakings for the provision of services, which are not small and medium-sized enterprises within the meaning of art. 3 of the law on small and medium-sized enterprises;
3. industrial systems whose annual consumption of energy is over 3000 MWh;
4. systems for external artificial lighting, located in a populated area with a population of over 20,000 inhabitants.
(3) the inspection under paragraph 1. 1 shall be carried out at least once every four years.
(4) new survey on the Al. 1 shall be required to:
1. industrial systems – one year after carried out major changes in the technological equipment and/or production systems, changing the fuels and ways of transformation of energy;
2. systems for external artificial lighting – one year after changes in the installation (replacement of light fixtures, changing the lighting schemes and/or energy supply), or when you have changed the requirements for illumination of the object highlights.
(5) owners of enterprises, industrial systems and systems for external artificial lighting, which are subject to mandatory inspection under paragraph 1. 2, submitted to the Agency not later than 31 January Declaration in a form determined by the Ordinance under para. 6.
(6) the indicators for energy consumption, energy performance of enterprises, industrial systems and systems for external artificial lighting, as well as the methods for carrying out energy efficiency audit and assessment for energy savings shall be determined by an Ordinance issued by the Minister of energy and Minister of economy.
(7) the undertakings referred to in para. 2, paragraphs 1 and 2 and the owners of industrial systems in the Al. 2, item 3, which apply energy management system or the environment, subject to certification by an independent body for compliance with European or international standards, shall be exempt from the requirements for mandatory inspection for energy efficiency, provided that the management system of them include energy audit of the undertaking concerned or the industrial system.
Art. 58. (1) the persons under art. 59, para. 1 presented at the Agency on an annual basis and no later than 31 January of the current calendar year, a list of establishments, industrial systems and external systems for artificial lighting, which carried out the survey in the previous year.
(2) the list under para. 1 shall be made in a form approved by the Executive Director of the Agency, and shall be submitted in paper and electronic.
Art. 59. (1) the inspection under art. 57, al. 1 and the preparation of the estimates for the energy savings shall be carried out by persons entered in the register under art. 60, para. 1 which:
1. have traders within the meaning of the commercial law or under the legislation of another Member State of the European Union or of another State party to the agreement on the European economic area or the Swiss Switzerland;
2. have the necessary technical means, determined by the Ordinance under art. 44, para. 9;
3. have the necessary personnel – energy efficiency consultants who meet the requirements of the Ordinance under art. 44, para. 9 and:
a) have completed tertiary education in the field of technical sciences vocational direction and degree courses in accordance with the requirements of the Ordinance under art. 44, para. 9, recognized in the Republic of Bulgaria or in another Member State of the European Union or in another State party to the agreement on the European economic area or Switzerland in the Confederation, or secondary technical education;
b) have gained experience-not less than two years for persons with educational qualification degree "master" not less than three years for persons with educational qualification degree "bachelor" and not less than 6 years for persons with secondary technical education;
in) have a certificate for successfully passing an examination to acquire the necessary qualifications to carry out exploration for energy efficiency of industrial systems in higher technical schools, specialized in professional fields "energy", "electrical equipment" and "architecture, construction and Geodesy", accredited by the order of the law for higher education or by the order of the corresponding legislation of another Member State of the European Union or of another State party to the agreement on the European economic area , or the Swiss Switzerland.
(2) the persons referred to in para. 1 of them leased, including staff, do not have the right to carry out exploration for energy efficiency of the industrial system, where:
1. the designers of the industrial system;
2. participants in building and/or operation of the industrial system;
3. the participants in the implementation of energy saving measures in the industrial system.
(3) energy efficiency consultants under para. 1, item 3 may participate in teams of not more than two persons at al. 1, item 1, and under art. 43, para. 1, item 1.
(4) the persons referred to in para. 1, carried out exploration for energy efficiency of industrial system before implementation of energy saving measures in the inspection, may not carry out energy efficiency audit to demonstrate implementation of the prescribed measures, and evaluation to demonstrate the absolute levels of energy savings as a result of the implementation of these measures.
Art. 60. (1) the Agency entered into a public register the persons under art. 59, para. 1 upon their written request.
(2) The written request referred to in paragraph 1. 1 apply documents that certify the circumstances under art. 59, para. 1, item 1 – 3.
(3) the Agency shall issue the persons entered in the register of certificates against payment of a fee determined by the tariff referred to in art. 75, para. 1. (4) the Agency refuses to enter in the register the persons who do not meet the requirements under art. 59, para. 1. (5) the certificate of registration in the register or a motivated written refusal of registration shall be issued by the Executive Director of the Agency under the conditions and within the limits provided for in the administrative code.
(6) the period of validity of the certificate of registration in the register is 5 years.
(7) after the expiry of the period of validity of the certificate of entry in the register shall issue a new certificate of registration upon submission of the statement that there is no change in the circumstances under para. 2, or of the relevant documents in the event of a change in circumstances under para. 2.
(8) refusal of entry in the register shall be subject to appeal under the administrative code.
Art. 61. the Agency persons deleted from the register, received certificates with the right to carry out exploration for energy efficiency, when:
1. cease to meet one of the conditions under art. 59, para. 1;
2. have contravened the requirements of art. 59, para. 2, 3 or 4;
3. have committed systematic violations under this Act established by the penal provisions in force;
4. a are bankrupt or being wound up.
Art. 62. The inspection ends with a report, which shall be drawn up under the conditions and by the order of the Ordinance under art. 57, al. 6 and it shall be accompanied by a declaration of the absence of the circumstances under art. 59, para. 2. section V
Manage energy consumption
Art. 63. (1) the obligated persons under art. 14, para. 4, owners of buildings under art. 38, para. 1, owners of enterprises, industrial systems and systems for external artificial lighting under art. 57, al. 2 are obliged to carry out energy efficiency management.
(2) the management of energy efficiency is accomplished by: 1. organize the implementation of the programmes under art. 12, al. 2, as well as of other measures that lead to the execution of the individual goals for energy savings;
2. maintenance of databases for the monthly production/consumption by types of energies and users, including dates, prices, quantity and quality of delivered/sold energy and fuels;
3. each year, the preparation of analyses of energy consumption;
4. evaluation of the implementation of the set individual goals for energy savings.
(3) Taxable persons under art. 14, para. 4 monthly and annual energy balances, involving the zakupuvanata and selling energy.
(4) the persons referred to in para. 1 submit annual reports to the Agency for the management of energy efficiency.
(5) the accounts referred to in paragraph 1. 4 provide information about the fulfilment of the requirements of para. 2 and shall be submitted to the Agency no later than 1 March of the year following the year of reporting.
(6) Taxable persons under art. 14, para. 4 annually by 1 March provide the Mayor of the municipality information on quantities sold to final customers of energy on the territory of the municipality for the previous year.
(7) Reports on the Al. 4 of the State bodies and the mayors of municipalities shall be submitted to the Agency, together with the reports on art. 12, al. 5.
(8) the reports on al. 4 shall be made in a form approved by the Executive Director of the Agency.
Art. 64. For the management of energy efficiency in buildings – State or municipal property, to regional and municipal administrations can create expert advice to support the activities of regional governors and mayors of municipalities.
Section VI
The provision of energy services
Art. 65. Energijnoefektivnite services aim to combine the supply of energy with energy efficient technology and/or with action that covers operation, maintenance and control necessary to deliver the service, and lead to testable, measurable or estimable energy efficiency improvement and/or primary energy saving resources.
Art. 66. (1) the Energijnoefektivnite services are carried out on the basis of written contracts concluded with the customers.
(2) Energijnoefektivnite services include the implementation of one or more activities and energy efficiency improvement measures, laid down in the Ordinance under art. 18, al. 2. (3) in order to ensure the traceability of the energy costs and the achieved levels of energy savings as a result of the implementation of energy efficient facilities the persons under art. 14, para. 4 provide customers with end invoices and information about:
1. current actual prices and actual energy consumed;
2. energy consumption by month for the past year, compared with the energy consumption by months for the previous one-year period;
3. contact details for consumer organisations, energy agencies or other institutions, including the addresses in the Internet, you can obtain information about potential energy efficiency improvement measures.
Art. 67. (1) the Energijnoefektivnite service can be carried out by natural or legal persons – proprietors under the commercial law or under the legislation of another Member State of the European Union or of another State party to the agreement on the European economic area, Switzerland or the Swiss.
(2) Taxable persons under art. 14, para. 4 provide efficient services or make contributions to fund energy efficiency and renewable energy sources "or other financial intermediaries.
(3) where, in the range of energijnoefektivnite services under art. 66, para. 2 includes the implementation of activities under art. 36, para. 2 and art. 57, al. 1, the persons referred to in para. 1 and 2:
1. carry out activities on their own, in case they meet the requirements of art. 43, para. 1 or 2 or art. 59, para. 1;
2. outsource the activities of persons who satisfy the requirements of art. 43, para. 1 or 2, or article. 59, para. 1. (4) Taxable persons under art. 14, para. 4 together with the owners of the means of the commercial measurement of energy supplied to end customers can provide as an energy service at competitive prices in order to ensure the traceability of the energy cost of end customers replacing existing funds for commercial measurement by intelligent systems for measurement and control or other technical solutions, which provide visual information for:
1. the current energy consumption;
2. transition current account;
3. current energy load;
4. other relevant information.
(5) in determining the value of the energy efficient services into account achievements promotion of energy efficiency and the level of satisfaction of the other laid down in the contract for the provision of energy service requirements.
(6) Taxable persons under art. 14, para. 4 together with the owners of the means of the commercial measurement of the energy supplied to end users are required to:
1. during the installation of Intelligent measuring systems users to give appropriate advice and information about the full potential of these systems in terms of the management of the reading of the testimony and the monitoring of energy consumption;
2. to ensure the security of intelligent measurement systems and data transmission;
3. in the process of transmission of data to ensure the privacy of end customers, in compliance with the legislation on data protection and privacy.
Section VII
Availability and accessibility of information
Art. 68. (1) in order to ensure accessibility and availability of information collected under the conditions and in accordance with this Act, the Agency shall establish and maintain a national information system on the State of energy efficiency in the Republic of Bulgaria.
(2) in order to ensure accessibility through the system under paragraph 1. 1 provide information concerning:
1. national target for energy efficiency;
2. the implementation of the actions and measures set out in national action plans for energy efficiency under art. 5, al. 3, item 1;
3. achieved annual energy savings;
4. the status of energy efficiency – at the national level and by sector;
5. the acts referred to in art. 4 and art. 5, al. 3, t. 1-5;
6. the programmes under art. 12, al. 2 and also the penalties provided for under art. 12, al. 4 tools for their implementation;
7. the reports referred to in art. 63, para. (4);
8. good practices in the area of energy efficiency;
9. the persons entered in the registers under art. 44, para. 1 and art. 60, para. 1;
10. financial instruments and mechanisms for the promotion of projects for the provision of energy services;
11. opportunities for participation of financial intermediaries in financing of measures for improving energy efficiency.
(3) in order to ensure availability through the system under paragraph 1. 1 is gaining information about:
1. implementation of the individual goals for energy savings;
2. the realized by payers under art. 14, para. 4 energy sales to final customers in the previous year;
3. the quantities of produced products and/or services rendered and added value in the previous year and used for energy;
4. the realized activities and energy efficiency measures;
5. the buildings subject to compulsory certification under art. 38, para. 1;
6. the heating installations with boilers and air-conditioning systems according to art. 50, para. 1 and art. 51, para. 1;
7. the establishments, industrial systems and external systems for artificial lighting, subject to mandatory inspection under art. 57, al. (2);
8. projects to achieve individual goals for energy savings, financed by the Fund "energy efficiency and renewable sources or from other financial intermediaries;
9. other activities related to the implementation of this law.
Art. 69. (1) the information referred to in art. 68, para. 2 and 3 are given by:
1. taxable persons under art. 14, para. (4);
2. the owners of the buildings under art. 38, para. 1;
3. the owners of the heating installations with boilers and air conditioning systems, respectively, under art. 50, para. 1 and under art. 51, para. 1;
4. the owners of enterprises, industrial systems and systems for external artificial lighting under art. 57, al. (2);
5. the Executive Director of the Fund for energy efficiency and renewable energy sources ", as well as financial intermediaries;
6. other persons who provide energy efficient facilities.
(2) the information referred to in art. 68, para. 2 and 3 are provided to the Agency no later than 1 March of the year following the year of implementation of the activities and measures.
(3) the Agency shall ensure the integrity and confidentiality of the private and/or commercially sensitive information in accordance with the law of the European Union.
(4) where the information is categorized as classified, all actions relating to its processing and storage, as well as the provision of access to it, are carried out in accordance with the law on the protection of classified information.
Art. 70. the content, the structure, conditions and procedures for the recruitment and the provision of information under art. 68, para. 2 and 3 shall be determined by an Ordinance of the Minister of energy.
Chapter four
SCHEMES TO PROMOTE ENERGY EFFICIENCY
Section I
Types of schemes
Art. 71. (1) For the promotion of energy efficiency schemes may be applied and mechanisms, such as:
1. contracts with guaranteed results;
2. evidence of energy savings;
3. Financing of the Fund "energy efficiency and renewable sources or from other financial intermediaries;
4. other national or European schemes and support mechanisms.
(2) the schemes and mechanisms for the promotion of energy efficiency introduced pursuant to this law shall be developed and implemented in compliance with the requirements for the State aid.
(3) when developing schemes for the promotion of cogeneration is also supported the production of electricity from high-efficiency cogeneration, efficient use of waste heat for the achievement of primary energy savings and the ability to reduce the technological costs in the production and transmission of heat and taking into account the specific characteristics of high-efficiency cogeneration.
Section II
Contracts with guaranteed results
Art. 72. (1) contracts with guaranteed results (ESCO contracts) have as their object the implementation of measures to improve energy efficiency in buildings, businesses, industrial systems and systems for external artificial lighting, as the recovery of investments and the payment of the remuneration payable to the contractor shall be made on behalf of the realized energy savings.
(2) Entities under the contracts referred to in paragraph 1. 1 may be the end customers and contractors-suppliers of energy efficient facilities. The performers are individuals – traders within the meaning of the commercial code or within the meaning of the legislation of another Member State of the European Union or of another State party to the agreement on the European economic area or Switzerland, the Swiss, with subject of activity involving the performance of services under contracts with guaranteed results.
(3) the performers on contracts under para. 1 may not perform activities under art. 36 and 37 for the building or under art. 57, al. 1 for the enterprise, industrial system or the system of external artificial lighting – object of the contract.
Art. 73. (1) a contract with a guaranteed result is concluded after the inspection carried out on energy efficiency and energy performance certificate, attesting to the current state of the energy consumption in the building, or after inspection for energy efficiency of industrial enterprise system or a system for external artificial lighting – object of the contract.
(2) the contracting authority in the contract to the contractor provides ESCO contract summary of the report of the inspection of the building energy efficiency, utility, industrial system or the system of external artificial lighting.
(3) contracts with guaranteed results shall be concluded in writing and shall contain at least:
1. normaliziranoto energy consumption established by exploration for energy efficiency;
2. list of performance measures that will be implemented, including the steps to be taken for the implementation of the measures and, where appropriate, the related costs;
3. the guaranteed energy savings, the order and timing for their establishment after the implementation of the measures referred to in the Treaty, and the provisions for measurement and verification of energy savings, achieved guaranteed savings, quality checks and guarantees;
4. the obligation of full implementation of the measures in the contract and document any changes made during the project;
5. a description of the financial implications of the project and the distribution of the shares of the two parties in the achieved financial savings;
6. method of financing;
7. way of payment of the remuneration;
8. other provisions, including provisions relating to changes in framework conditions on the content and the outcome of the Treaty, include equivalent requirements to any subcontracting with third countries, as well as detailed information on the duties of each of the Contracting Parties and the penalties for their violation.
(4) Performers under art. 72, para. 2 ensure that the operation of the service, in whole or in part, by its own means and/or undertake to provide funding from a third party.
(5) Performers under art. 72, para. 2 bear the financial risk, as well as technical and commercial risk for the performance of activities provided for in the agreement and measures to improve energy efficiency and to achieve the coverage with the contract score.
(6) services of ESCO contracts provide the entire regulatory class of energy consumption of the building – the subject of the contract.
(7) For buildings – State and/or municipal property that are the subject of contract under art. 72, para. 1, in the budgets of the State authorities and municipalities plan and provide funds for the duration of the execution of the contract comply with normaliziranoto energoprotreblenie of these buildings.
(8) the methods for determining the amount of the planned under para. 7 tools, as well as the conditions and the procedure for their payment shall be determined by an Ordinance issued by the Minister of energy and Minister of finance.
Section III
Energy savings certificates
Art. 74. energy savings certificates are intended to demonstrate the contribution of the holder in the implementation of energy efficiency improvement measures.
Art. 75. (1) for energy savings Certificates are issued by the Executive Director of the Agency against payment of a fee determined by the tariff adopted by the Council of Ministers.
(2) energy savings certificates issued to payers under art. 14, para. 4 shall be used to confirm the performance of the set individual goals for energy savings.
(3) for the purposes of the performance of individual targets for energy savings, energy savings certificates may be transferred by: 1. liable to another liable person under art. 14, para. 4, when the first person is liable in the overdelivery allocated an individual target for energy savings;
2. non-liable person to the liable person under art. 14, para. 4.
Art. 76. (1) proof of the achieved energy savings shall take place not earlier than one year after the introduction of measures to increase energy efficiency in final customers through:
1. exploration for energy efficiency of buildings, businesses, industrial systems or systems for external artificial lighting, check the heating installations with boilers and air conditioning systems, or
2. application of the methodologies developed in accordance with the requirements laid down by the Ordinance under art. 18, al. 2. (2) proof of the achieved energy savings is realized by the persons under art. 43, para. 1 and 2 and art. 59, para. 1.
(3) the examination of the methodologies for assessing the effect of different types of implemented energy efficiency improvement measures shall be carried out by the Agency.
(4) the conditions and the order form for the issue, transfer and cancellation of certificates of energy savings shall be determined by the Ordinance under art. 18, al. 2.
Art. 77. the rules for the introduction of a market mechanism to improve energy efficiency through the implementation of energy efficiency measures and activities are determined by the Cabinet of Ministers on a proposal from the Minister of energy.
Section IV
Fund for energy efficiency and renewable energy sources "
Art. 78. (1) the Fund for energy efficiency and renewable energy sources "fund the implementation of activities and measures to improve energy efficiency and promote the production and consumption of energy from renewable sources, with the exception of projects financed from the State budget.
(2) Fund "energy efficiency and renewable energy sources", hereinafter referred to as "the Fund", is a legal person with headquarters in Sofia.
Art. 79. (1) the Fund manages funds provided for investment projects in energy efficiency and for projects for the production of energy from renewable sources, according to the priorities set out in the national strategy on energy efficiency of the Republic of Bulgaria and in national action plans for energy efficiency.
(2) the Fund carries out its activities in accordance with this law and the agreements with donors.
Art. 80. In pursuance of its objectives, the Fund based its activities on the following principles:
1. transparency in the management of funds;
2. the equal treatment of all applicants for funding from the Fund;
3. partnership and collaboration with individuals and legal entities – traders within the meaning of the commercial code or within the meaning of the legislation of another Member State of the European Union or of another State party to the agreement on the European economic area or Switzerland, the Swiss, as well as non-profit organizations for joint financing of energy efficiency projects and projects for the production of energy from renewable sources.
Art. 81. (1) the resources of the Fund shall be recruited from:
1. donations from international financial institutions, international funds and Bulgarian and foreign natural or legal persons in accordance with the provisions of art. 11 of the Act on measures against money laundering and the authentication of the place of establishment of the absence of tax obligations in the Member State of the European Union or in another State party to the agreement on the European economic area or Switzerland, in the Swiss;
2. interest on current accounts or bank deposits of the Fund;
3. loans or other financial instruments with credit character of international organizations and banks, as well as by individuals and/or legal persons registered as traders received exclusively for carrying out the purposes of the Fund;
4. contributions referred to in art. 21, item 2;
5. other receipts corresponding to the nature and operation of the Fund.
(2) the resources of the Fund shall be kept for at least three depositories in banks with the license for activity in the territory of the country, determined by competition.
Art. 82. (1) the resources of the Fund shall be expended for:
1. a consideration on financing development projects in energy efficiency;
2. consideration of the financing activities and projects for the production of energy from renewable sources;
3. warranty activity on loans from financial-credit institutions allocated to projects under item 1 and 2;
4. priority projects for funding:
a) realisation of energy efficiency improvement measures, energy end-use;
(b)) using energy from renewable sources in final consumption of energy;
5. maintenance of the Fund in accordance with the annual budget of revenue and expenditure, approved by the Governing Council and by the General Assembly of donors.
(2) Users of electrical power, heat and gas into buildings in condominium, instituted legal entities – associations of owners, in accordance with the law on management of condominium, can apply for funding from the Fund for projects to improve energy efficiency and projects to build installations using renewable sources.
Art. 83. the Organs of the Fund shall be:
1. the general meeting of donors;
2. the Management Board.
Art. 84. (1) the general meeting of donors is composed of persons – donors to the Fund.
(2) the Assembly of donors:
1. adopts the rules for the organisation of work and the activities of the Fund;
2. appoint and dismiss the members of the Management Board of the Fund under art. 85, para. 1, item 6;
3. Decides to terminate the activities of the Fund;
4. approve the income and expenditure in the budget and the annual report on the activities of the Fund and shall adopt the annual budget for the following calendar year;
5. decide and other matters submitted to its jurisdiction by law.
Art. 85. (1) the Fund shall be managed by a Management Board, which shall consist of 11 members as follows:
1. a representative of the Ministry of energy, appointed by the Minister of energy;
2. a representative of the Ministry of Economic Affairs, appointed by the Minister of economy;
3. a representative of the Ministry of environment and water, designated by the Minister of environment and water;
4. a representative of the Ministry of regional development and public works, designated by the Minister of regional development and public works;
5. the Executive Director of the Agency;
6. six representatives elected by the Assembly of donors of the Fund, as follows:
a) representative of non-governmental organizations, whose activities are aimed at reducing the risk of global climate change;
(b)) three experts with higher economic education with experience in the financing of projects in the field of energy;
c) expert in the field of energy efficiency with higher technical education;
d) expert in the field of renewable sources with higher technical education.
(2) the term of Office of the members of the Board is two years.
(3) the Management Board shall elect its Chairman from among its members for a term of one year.
(4) After the expiry of the period for which the Office of President, the Member of the Governing Council, held that post remains a member of the Board until the expiry of the mandate.
(5) a member of the Management Board may not be a natural person, as well as a representative of the legal person:
1. convicted of intentionally an indictable offence;
2. the spouse or a relative in the direct or collateral relatives up to the fourth degree and by marriage to the third degree with another Member of the Management Board of the Fund;
3. in service or under an employment contract in the Administration with the exception of those referred to in paragraph 1. 1, item 1 – 5.
(6) When a Board member of one of the circumstances arise under paragraph 1. 5, he shall within 7 days from the occurrence of the fact, notify the Chairman of the Management Board.
(7) the general meeting of the donors decide to release a member of the Management Board in the event of a circumstance referred to in paragraph 1. 5.
Art. 86. (1) the management board manages the overall activities of the Fund.
(2) the Management Board shall:
1. be prepared and proposed for adoption by the General Assembly rules for the organisation of work and the activities of the Fund;
2. Approves the funding policy and guarantee fund;
3. adopt a strategy for the activities of the Fund;
4. adopts the criteria for evaluation and selection of projects to be financed by the Fund;
5. Approves the financing of projects;
6. Approves the contracts relating to the activities of the Fund;
7. shall adopt the annual report on completed projects to achieve individual goals of obligated persons under art. 14, para. 4, financed by the Fund;
8. approved income and expenditure in the budget and the annual report on the activities of the Fund;
9. choose after a contest Manager of the Fund to support the activities of the Board and management of the Fund;
10. appoint an independent financial audit and shall adopt the annual financial statement;
11. Approves the establishment plan of the Fund and shall determine the remuneration of its staff;
12. other measures that are necessary to achieve the objectives of the Fund.
Art. 87. (1) the Manager of the Fund supports the activities of the Management Board and assume the day-to-day management of the Fund.
(2) the Manager of the Fund:
1. represents the Fund;
2. assists the Governing Council in the exercise of his powers under art. 86, para. 2, item 1-6;
3. draw up a draft strategy for the activities of the Fund;
4. draw up a business plan and draft budget of income and expenditure and ensure the implementation of the budget approved by the Governing Council;
5. prepare the necessary documentation for financing and ensure the projects in accordance with the law and agreements with donors;
6. draw up an annual report on the completed projects to achieve individual goals for energy savings to payers under art. 14, para. 4, financed by the Fund and shall submit it to the Agency no later than January 31 of the year following the year of reporting;
7. to prepare reports and other materials for review and approval by the Governing Council in accordance with the internal regulations of the Fund;
8. publish on the website of the Fund information under art. 86, para. 2, item 7 and 8;
9. prepare the meetings of the Management Board;
10. approved by the Governing Council signs financing contracts and ensuring the projects concluded with the Fund;
11. inform the Board periodically of the level of implementation of funded projects;
12. shall appoint and dismiss employees in the Fund;
13. responsible for safeguarding the assets of the Fund;
14. carry out other activities assigned to it by decision of the Governing Council.
Art. 88. The relationship with the Manager of the Fund is governed by a management contract for a period of 5 years, in accordance with the rules of art. 84, para. 2, item 1.
Chapter five
ENERGY EFFICIENCY CONTROL
Art. 89. (1) the Executive Director of the Agency shall exercise control over the activities of:
1. terminal clients when conducting activities and energy efficiency improvement measures in accordance with this law or another normative act is mandatory;
2. taxable persons under art. 14, para. 4 – in the implementation of the set individual goals for energy savings;
3. contracting entities under art. 161, para. 1 of the law on spatial planning for the fulfilment of their obligation under art. 39, para. (2);
4. the authorities referred to in art. 12-for the presentation of reports on the implementation of the programmes under art. 12;
5. the persons under art. 43, para. 1 and 2 and art. 59, para. 1.
(2) in the exercise of supervisory powers, the Executive Director of the Agency shall:
1. carry out checks on persons at al. 1 through empowered employees thereof;
2. carry out inspections on ship surveys in the system or random selection of inspected buildings, businesses, industrial systems and/or systems for external artificial lighting through empowered employees thereof;
3. impose administrative penalties provided for by this Act.
Art. 90. (1) the control over the activities of the persons under art. 43, para. 1 and 2 shall be carried out through:
1. check the validity of input data for the building used for issuing energy performance certificate as specified in the certificate;
2. check the entries in the energy performance certificate for incoming data and results, including the prescribed energy efficiency improvement measures;
3. a complete check of the data and results of the prescribed measures for improving energy efficiency through an on-the-spot visit in order to check the conformity between the energy performance certificate data, and a certified building;
4. check for compliance with the requirements of the Ordinance under art. 44, para. 9. (2) the control over the activities of the persons under art. 59, para. 1 shall be made by:
1. check the validity of the incoming data of enterprises, industrial systems and/or systems for external artificial lighting used for carrying out the inspection, and to those set out in the report results;
2. check the validity of the incoming data and of the results of the inspection, as well as the prescribed energy efficiency improvement measures;
3. a complete check of the data and results of the prescribed measures for improving energy efficiency through an on-the-spot visit in order to check the conformity between those in the documents of the inspection/examination results and the status of the industrial system/installation;
4. check for compliance with the requirements of the Ordinance under art. 44, para. 9.
Art. 91. (1) persons who carry out checks shall be determined by order of the Executive Director of the Agency.
(2) the persons referred to in para. 1 identify themselves with the order and with a badge certifying occupied by them.
Art. 92. (1) the persons under art. 91 have the right:
1. free access to the objects of verification;
2. to require the persons documents necessary for carrying out the inspection;
3. checks on ship surveys laid down in the Ordinances under art. 48 and article. 57, al. 6;
4. to draw up regulations on the establishment of administrative violations.
(2) for buildings, businesses, industrial systems and systems for external artificial lighting – owned by the Ministry of defence and of the Interior Ministry, under par actions. 1 shall be carried out under the conditions and in accordance with procedures set out in the relevant laws.
(3) the persons under art. 91 are required not to divulge company trade secrets and which has come to their knowledge in or on the occasion of the implementation of control activities.
Art. 93. the inspected person is obliged to provide all the conditions for the normal functioning of the inspection and to render assistance to the persons under art. 91, such as:
1. provide a place for carrying out the inspection;
2. shall designate its representative for contacts and assist the inspection staff;
3. provide access to Office premises;
4. provide all the documents needed for carrying out the verification.
Art. 94. (1) the results of the checks the persons under art. 91 compile finding to which apply the collected data, documents and explanations.
(2) the minutes shall be signed by the compiler of the inspected person, and in case of refusal from two witnesses of the surrender.
(3) the record shall be provided to the inspected person, which has the right to give explanations and make an objection within 14 days from the date of service.
Art. 95. (1) on the basis of the results of the check the persons under art. may 91:
1. give compulsory requirements of the persons for removal of infringements and to set a deadline for their implementation;
2. draw up acts for the establishment of administrative violations.
(2) the persons to whom they are given compulsory requirements shall notify the persons under art. 91 for their implementation within the prescribed period.
Art. 96. The State bodies, legal and natural persons are obliged to assist the persons under art. 91 in the exercise of their functions.
Chapter six
ADMINISTRATIVE PENAL PROVISIONS
Art. 97. The liable person under art. 14, para. 4, which does not fulfill its purpose defined for new individual annual energy savings in the amount of art. 14, para. 5 or does not make a contribution according to art. 21, item 2 shall be imposed a fine of 1000 to 5000 EUR or penalty payment from 5000 up to 500, 000.
Art. 98. A contracting entity within the meaning of art. 161, para. 1 of the law on spatial planning that does not fulfil its obligation under art. 33, para. 1 shall be imposed a fine of 1000 to 10 000 BGN. or proprietary sanction from 5000 to 50,000 EUR
Art. 99. (1) The owner of a building that does not fulfil its obligation under art. 38, para. 3 shall be imposed a fine of 10 000 to 30 000. or proprietary sanction from 50 000 to 100 000 LEVs.
(2) The owner of a building that does not comply with the measures prescribed in the report of the exploration for energy efficiency, within the time limit under art. 38, para. 4 shall be imposed a fine of 10 000 to 30 000. or proprietary sanction from 50 000 to 100 000 LEVs.
Art. 100. A contracting entity within the meaning of art. 161, para. 1 of the law on spatial planning, which fails to update the energy performance certificate of a building in the cases under art. 39, para. 3 shall be imposed a fine of 1000 to 3000 BGN. or proprietary sanction from 5000 to 10 000 LEVs.
Art. 101. The person under art. 43, para. 1 or 2, which issued an energy performance certificate of a building without has made exploration for energy efficiency, a fine of 50 000 to 100 000 LEVs. or penalty payment of 200 000 to 300 000.
Art. 102. A person under art. 43, para. 1 or 2, which is not present within the list under art. 46, para. 1 shall be imposed a fine of 100 to 500 EUR or penalty payment of 1500 to 3000 BGN.
Art. 103. The person who carries out the inspection or certification of buildings for energy efficiency in violation of the provisions of art. 43, para. 4 and 6, or art. 59, para. 2 and 4 shall be imposed a fine of 50 000 to 100 000 LEVs. or penalty payment of 100 000 to 200 000.
Art. 104. (1) The owner of a heating system with hot water boilers liquid or solid fuel with a single nominal power from 20 to 100 kW, which does not fulfil its obligation under art. 50, para. 2 shall be imposed a fine of 150 to 200 EUR or penalty payment of 1500 to 2000 BGN.
(2) The owner of a heating system with hot water boiler on solid fuel, liquid fuel or gas with a single nominal power over 100 kW, which does not fulfil its obligation under art. 50, para. 2 shall be imposed a fine of 1500 to 2000 BGN. or penalty payment of 15 000 to 20 000.
(3) The owner of an air conditioning unit with a nominal electric power more than 12 kW, which does not fulfil its obligation under art. 51, para. 2 shall be imposed a fine of 1500 to 2000 BGN. or penalty payment of 15 000 to 20 000.
(4) The owner of a heating system with hot water boiler under art. 50, para. 1 or the air-conditioning system of art. 51, para. 1 which does not fulfil its obligation under art. 52, para. 2 shall be imposed a fine of 150 to 200 EUR or penalty payment of 1500 to 2000 BGN.
Art. 105. The person under art. 43, para. 1 or 2 or under art. 59, para. not present within the list under art. 55, para. 1 shall be imposed a fine of 100 to 500 EUR or penalty payment of 1500 to 3000 BGN.
Art. 106. The owner of the enterprise, industrial system and a system for external artificial lighting which does not fulfil its obligation under art. 57, al. 2 shall be imposed a fine of 10 000 to 30 000. or proprietary sanction from 50 000 to 100 000 LEVs.
Art. 107. A person under art. 63, para. 1 which does not comply with the obligation to submit reports to the Agency under art. 63, para. 4 within the time limit under art. 63, para. 5 shall be imposed a fine of 500 to 1000 EUR or penalty from 3000 to 5000 EUR
Art. 108. The person under art. 69, para. 1, which does not supply information within the time limit under art. 69, para. 2 shall be imposed a fine of 20 000 to 50 000. or penalty payment of 150 000 to 200 000.
Art. 109. A person who obstructs, or allow to be obstructed an inspection by the persons under art. 91, having a fine of 500 to 1000 EUR or penalty payment from 2000 to 3000 BGN.
Art. 110. The person under art. 91 who contravenes the provisions of art. 92, para. 3 shall be imposed a fine of 10,000 euro.
Art. 111. A person who fails to comply with the compulsory prescription under art. 95, para. 1, item 1, shall be imposed a fine of 2000 to 5000 EUR or penalty payment of 10 000 to 30 000.
Art. 112. A person who fails to comply with other obligations provided for in this law shall be imposed a fine of 500 to 1500 EUR or penalty payment of 1000 to 10 000 BGN.
Art. 113. acts which establish administrative offences shall be drawn up by officials designated by the Executive Director of the Agency.
Art. 114. the penal provisions shall be issued by the Executive Director of the Agency.
Art. 115. The establishment of the offences, the issuance, the appeal and the implementation of the penal provisions shall be carried out in accordance with the law for the administrative offences and sanctions.
ADDITIONAL PROVISIONS
§ 1. Within the meaning of this law:
1. the "donor" means a natural or legal person, as well as a country that participated in the original donations to raise money for the Fund or making donations, including contributions from payers under art. 14, para. 4.2. "Energy service provider" means a natural or legal person who carries out services including the implementation of the activities and/or energy efficiency improvement measures.
3. "Energy" means energy products, fuels, heat, renewable energy, electric power or any other form of energy as defined in art. 2, point (d) of Regulation (EC) no 1099/2008 of the European Parliament and of the Council of 22 October 2008 on energy statistics (OJ L 304/1 of 14 November 2008).
4. "energy efficiency in buildings" is the provision and maintenance of normative parameters of microclimate in the buildings, their toplos″hranenieto and economy of energy resources for the needs of the buildings with minimal financial cost.
5. "energy saving" is the amount of energy savings determined by measuring and/or estimating consumption of energy as the difference in potrebenite amounts of energy before and after application of energy efficiency improvement measures, such as is done correct and normalize given the external conditions that affect energy consumption.
6. "energy efficient service" is the physical benefit, utility or good derived from a combination of energy technology for energy efficiency or action which may include the operations, maintenance and control necessary to ensure that the service, which is provided on a contract basis and has demonstrated that under normal circumstances leads to verifiable and measuring energy efficiency improvement and/or primary energy savings.
7. "Energy characteristic" is an indicator, which indicates the measured quantity actually consumed or estimated as necessary for the consumption of energy used to meet a variety of energy needs, related to the reference parameters of the building, including heating, hot water heating, cooling, ventilation and lighting.
8. "energy efficiency" is the ratio between the quantity of output produced a product, service or energy inputs and energy.
9. "Intelligent measuring system" is an electronic system that can measure energy consumption, providing more information than traditional measuring instrument and can transmit and receive data via a form of electronic communication.
10. "air conditioning system" is a combination of all components required to provide treatment of the air in controlling his temperature with a possible combination of control of ventilation, humidity and air cleanliness.
11. "Boiler" means a facility which is a combination of the boiler body and fuel part, designed to heat fluid through the released the burning heat.
12. "final consumption of energy" means the energy consumption, delivered for energy purposes to manufacturing industry, mining, construction, transport, households, services, including public services, agriculture, forestry and fisheries. It excludes deliveries for the sector for the production of energy and energy industries themselves.
13. "final customers" means any natural or legal person that purchases energy for their own use.
14. "new building" means any newly constructed building that is introduced into service for the first time.
15. "rated power" means the maximum thermal power, referred to and guaranteed by the manufacturer as being deliverable during continuous operation.
16. "Normal energy consumption" is the energy consumption, which is necessary to provide the required reference parameters of microclimate in the building at the existing State.
17. "a separate part of the building" is a separate part, floor or apartment in a building designed or modified in order to be used on their own.
18. "total energy" is the total amount of energy purchased by the customer for a period of one year.
19. "Exploration for energy efficiency ' is a process based on a systematic method for determining and costing of energy flows and costs in buildings, businesses, industrial systems and systems for external artificial lighting, defining the scope of technical-economic parameters of energy efficiency improvement measures.
20. "overhaul" is repairing the building, covering over 25 per cent of the area of the external elements of the building.
21. "waste heat" is the residual heat from a process, which in the technical capability and cost-effectiveness can be recovered.
22. "energy efficiency" is the result of the implementation of the measure or activity, which leads to a reduction of the ratio between the quantity of energy inputs and output quantity manufactured good, service or energy without degradation of quality or other characteristics.
23. "effective rated output" is the maximum thermal power expressed in kW, for which the manufacturer has specified and guaranteed that is achieved in the continuing operation in compliance with the guidelines for effective work given by the manufacturer.
24. "energy efficiency programmes" are actions and measures aimed at groups of end-users, that lead to verifiable, measurable or estimable energy efficiency improvement.
25. "industrial systems" is a collection of industrial buildings, facilities, technologies and auxiliary holdings included in the production of goods and services.
26. "the optimum costs rates" are the energy performance that result in the lowest cost at the time of the estimated economic life cycle, such as:
and lowest costs) shall be determined taking account of the cost of investments linked to the energy costs of maintenance and operating costs, including energy costs and energy saved, the category of the building, the revenue from the energy produced, and disposal costs, where applicable;
b) projected economic life cycle represents the remaining estimated economic life cycle of a building — when the energy performance requirements are set for the building as a whole, or projected economic life cycle of a building component – where the requirements for the energy performance for buildings.
Energy characteristics are consistent with the cost-optimal level when the analysis of costs and benefits, calculated for the estimated economic life cycle, gives a positive result.
27. "building" is a structure with walls and a roof, in which energy is used to regulate the internal temperature.
28. "building with near-zero energy" is a building that meets both of the following conditions:
and energy consumption of the building), defined as primary energy corresponds to a class of scale of classes of energy consumption for the type of buildings;
(b)) not less than 55 per cent of energy consumed (supplied) for heating, cooling, ventilation, hot water and lighting is energy from renewable sources, located on site at the level of a building or in the vicinity of the building.
29. "energy performance certificate of a building" is an official document issued by the energy efficiency consultants within their competence in shape and in order, which includes the energy performance of a building calculated according to a methodology set out in the Ordinance under art. 31, para. 4.30. "Energy performance certificate of a building project" is an official document issued by the energy efficiency consultants within their competence on the established form and order, which includes an assessment of the energy performance of a building project, calculated according to the methodology set out in the Ordinance under art. 31, para. 4.
31. "schemes to promote energy efficiency" means any instrument, scheme or mechanism that promotes increased energy efficiency.
32. "heat pump" is a machine facility or installation that carry heat from the natural environment, such as air, water or soil to buildings or industrial facilities by inverting the natural heat flow in such a way that it flows from a lower to a higher temperature. For heat pumps with obr″ŝaemo action can move heat from buildings to the natural environment.
33. "heat zone" is a separate part of the building, which includes spaces of the building with the same functional purpose, heat and/or studosnabdâvane of a system, the same mode of living, the same celestial orientation of external enclosing elements (for cases where the required cooling) and specific requirements for the provision of identical parameters of microclimate in heating and cooling mode, in which the temperature difference between the spaces in one mode is less than 4 k.
34. financial instruments "means instruments such as funds, subsidies, tax rebates, loans, third-party financing, energy performance contracts, contracts for energy performance contracting, subcontracting or other similar contracts, which are placed on the market by public or private organizations in order to partially or fully cover the initial cost of the project for implementation of energy efficiency improvement measures.
35. "financial intermediaries" is a concept within the meaning of art. 2, item 34 of Regulation (EC) No 651/2014 of 17 June 2014, declaring certain categories of aid compatible with the internal market pursuant to art. 107 and 108 of the Treaty (OJ L 187/1 of 26 June 2014).
36. "heating" or "cooling" is submission of heat energy in the form of steam, hot water or chilled fluid through a network of central production source to multiple buildings or other locations to use for heating or cooling units or processes.
§ 2. This law introduces the requirements of Directive 2013/27/EC of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directive 2009/125/EC and 2010/30/EC and repealing directives 2004/8/EC and 2006/32/EC (OB, L 315/1 of 14 November 2012) and of Council directive 2010/31/EC of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (OJ , L 153/13 of 18 June 2010).
TRANSITIONAL AND FINAL PROVISIONS
§ 3. This Act repeals the energy efficiency Act (promulgated, SG. 98 from 2008; amend., issue 6, 19, 42 and 82 from 2009, issue 15, 52 and 97 2010/2011 35, no. 38 by 2012, issue 15, 24, 59 and 66 by 2013, no. 22, 33 and 98 by 2014 and 14 by 2015).
§ 4. Payers under art. 10, item 2 and 3 of the revoked law for energy efficiency targets for individual perform energy savings by 2016, determined in accordance with the revoked law for energy efficiency.
§ 5. Contracting entities within the meaning of art. 161, para. 1 of the law on spatial planning of new buildings that are subject to compulsory certification under the revoked law for energy efficiency, which until the entry into force of this Act are not placed in service, are required to obtain a certificate for the project of the building energy performance within one year of the entry into force of this law.
§ 6. Inspection of heating systems with boilers under art. 53 shall be made within one year of the entry into force of this law, unless before that date an inspection has been carried out in accordance with art. 30 of the revoked law for energy efficiency.
§ 7. (1) owners of buildings subject to compulsory certification under the revoked law for energy efficiency, which until the entry into force of this law have committed survey reports are required to carry out the inspection prescribed by the energy efficiency improvement measures within three years of the entry into force of this law.
(2) the owners of industrial systems subject to mandatory inspection under the revoked law for energy efficiency, which until the entry into force of this law have committed survey reports are required to meet prescribed by the inspection measures for improving energy efficiency within two years of the entry into force of this law.
§ 8. (1) the Executive Director of the Agency for sustainable energy development, jointly with the Executive Director of the public procurement Agency issued guidelines for the application of the requirements for energy efficiency and energy savings in the award of contracts for the supply of equipment and vehicles, purchasing and/or renting of buildings with high energy efficiency indicators.
(2) the instructions referred to in paragraph 1. 1 shall be issued within one year of the entry into force of this law.
§ 9. The owners of enterprises, industrial systems and systems for external artificial lighting, which are subject to mandatory inspection under art. 57, al. 2, are required to conduct an energy audit within one year of the entry into force of this law, unless by that date was made mandatory inspection pursuant to art. 33 of the revoked law for energy efficiency.
§ 10. Energy efficiency certificates issued under the revoked law for energy efficiency, retain their validity until the expiry of the period for which they are issued.
§ 11. (1) Certificates for the energy performance of buildings, which has carried out an energy efficiency audit before the entry into force of this law shall be issued by the persons who carried out the inspection of the building, within one year of its entry into force.
(2) in the cases referred to in para. 1, where the person making the inspection, it is removed from the register under art. 23 (a), para. 1 of the revoked law for energy efficiency, the energy performance certificate shall be issued by the Agency on the basis of the results of work done by person inspection.
§ 12. Persons who have completed training and acquired the qualification of inspection for energy efficiency and certification of buildings as well as for inspection of industrial energy efficiency systems under the revoked law for energy efficiency, retain his rights for exploration for energy efficiency of buildings and industrial systems and the certification of buildings, such as persons who have acquired the qualifications for exploration for energy efficiency and certification of buildings , enjoy the rights of consultants on energy efficiency with a level 1 qualification.
§ 13. (1) certificates issued for entry in the registers under art. 23 (a), para. 1 and art. 34A, al. 1 of the revoked law for energy efficiency retain their validity until the expiry of the period for which they are issued.
(2) certificates issued for successful completion of the exam in art. 23, para. 1, item 3 (c) and al. 2, item 5 and art. 34, para. 1, item 3 (c) of the revoked law for energy efficiency retain their validity and are open-ended.
§ 14. (1) the persons referred to in § 10 of the transitional and final provisions of the revoked law for energy efficiency reserve their rights to carry out exploration activities on energy efficiency and certification of buildings as well as for inspection of industrial energy efficiency systems, such as individuals who have gained qualifications for examination and certification for energy efficiency of buildings, enjoy the rights of consultants on energy efficiency with a level 1 qualification.
(2) the persons referred to in para. 1 are required to re-register under this Act within five years of its entry into force.
(3) the persons referred to in para. 1 not re-register within the time limit referred to in paragraph 1. 2, shall be deleted ex officio by the public records of the Agency.
§ 15. Voluntary agreements concluded under Chapter five, section II of the revoked law for energy efficiency retain their validity until the expiry of the period for which they were concluded.
§ 16. Within 5 years of the entry into force of this law the Council of Ministers shall, on a proposal from the Minister of energy adopt a market mechanism for energy efficiency through the implementation of energy efficiency measures and activities.
§ 17. (1) national action plans for energy efficiency in the European Commission every three years, with effect from 30 April 2014.
(2) the national goal for energy efficiency report of the European Commission with the first national plan.
§ 18. The national plan for buildings with close to zero energy is taken by the Council of Ministers within six months of the entry into force of this law.
§ 19. The national plan to improve the energy performance of heated and/or refrigerated buildings – State property used by the State administration, is provided in the European Commission as part of the plans referred to in art. 5, al. 3, item 1 and is updated every three years, with effect from 30 April 2014.
§ 20. The national long-term programme for the promotion of investments for the implementation of measures to improve the energy performance of buildings from the public and private national residential and commercial buildings in the European Commission as part of the plans referred to in art. 5, al. 3, item 1 and is updated every three years, with effect from 30 April 2014.
§ 21. (1) the regulations on the implementation of this law shall be adopted, respectively issued and adapted within six months of its entry into force.
(2) pending the issue of, respectively, the regulations provided for in this law shall be applicable regulations on the implementation of the energy efficiency Act, in so far as they do not contravene this law.
§ 22. The law on renewable energy sources (official SG. 35 from 2011; amend., SG. 29 and 54 by 2012, 15, 59, 68 and 109 in 2013, no. 33 by 2014; No. 13 Decision of the Constitutional Court by 2014 – No. 65 from 2014; amend., SG. 14 and 17 by 2015) is hereby amended as follows :
1. In art. 34, para. 5, the words "article. 51, para. 1 "shall be replaced by" art. 75, para. 1. "
2. In art. 47, para. 1:
a) in item 9, the words "2015" are replaced by "2018";
(b)) in item 10 the words "2016" are replaced by "2019".
§ 23. In the Energy Act (promulgated, SG. 107 since 2003; amend., no. 18 of 2004, no. 18 and 95 by 2005, issue 30, 65 and 74 in 2006, 49, 55 and 59 since 2007, issue 36, 43 and 98 in 2008, issue 35, 41, 42, 82 and 103 of 2009, 54/97 and by 2010. , PC. 35 and 47 by 2011, issue. 38, 54 and 82 by 2012 PCs. 15, 20, 21, 59 and 66 by 2013, PCs. 98 by 2014 and PCs. 14 and 17 by 2015.) make the following changes and additions:
1. In art. 4, al. 2 item 11 shall be amended as follows:
11. prepare and submit for approval by the Council of Ministers:
a comprehensive assessment of potential) for the application of high-efficiency combined heat and power and efficient district heating and cooling systems;
(b)) a cost-benefit analysis as part of the comprehensive assessment referred to in (a), which covers the evaluation of programs in art. 6, al. 1 and projects to establish the most cost effective and profitable opportunity for heating or cooling; the analysis can be part of the environmental assessment of the program and the projects, if any;
in the analysis of the national potential) as part of the comprehensive assessment referred to in (a) and assessment of the progress achieved by increasing the share of high-efficiency cogeneration in gross consumption of electricity;
d) measures to promote an efficient heating and cooling infrastructure and/or to support the development of high-efficiency cogeneration and the use of heat and cooling energy, generated on the basis of waste heat and renewable energy, in accordance with the evaluation and analysis on the letters "a", "b" and "c". "
2. In art. 13:
(a)) in the Al. 1 the word "members" shall be replaced by "the total number of members or members of the Board";
(b)) in the Al. 3 in the text before paragraph 1 the word "members" shall be replaced by "the total number of members or members of the Board".
3. In art. 21, para. 1:
and so on are created) 19A and 19B:
' 19A. required by operators of electric and gas networks to assess the potential for energy efficiency of the networks by reducing the technological costs; the evaluation includes analysis of transmission, distribution, management of cargo, the effective functioning of the networks and the possibilities for accession of installations for decentralised energy production;
19b. on the basis of the assessment referred to in paragraph 19 (a) required in network development plans to include specific measures and investments to improve energy efficiency in the gas and electricity networks and a timetable for their implementation; "
(b)) section 33 is amended as follows:
"33. monitor the implementation of the obligation to provide users of the energy services of access to the data on their consumption;".
4. In art. 23 are created that 14 and 15:
14. promote improved energy efficiency in the production, transmission, distribution and final consumption of energy and natural gas;
15. creating incentives for the transmission and distribution system operators to provide system services to end customers, which make it possible to implement measures to improve energy efficiency by introduction of intelligent networks, taking into account the costs and benefits associated with each measure in ensuring the security of the system. "
5. In art. 31 create item 9, 10, 11 and 12: "9. the prices for the transmission and distribution of electric power to restrict the increase of energy efficiency in the production, transmission and distribution of energy, and the inclusion of the optimization of consumption in balancing markets and the provision of additional services, as well as network coverage rates of reduction of costs in networks, achieved by customers, optimizing energy consumption, the decentralisation of production, lowering the cost of delivery or for investment in networks and optimization of the work of the networks;
10. the prices for the transmission and distribution of electric power to enable increased participation of end customers in improving the efficiency of the power system by optimizing consumption;
11. the promotion of transmission and distribution system operators to provide system services for the optimization of consumption of electric power, energy consumption and management of decentralised production in the context of organized electricity markets and improve efficiency in the design and operation of networks, and in particular:
and load transfer) peak hours to off-peak hours on the part of end customers, taking into account the availability of renewable energy, cogeneration and decentralised production;
(b)) energy saving through the optimization of consumption from decentralised sources of production through a combination of efficient provision of services and the participation of the balancing market for electricity;
in) reducing consumption through energy efficiency measures, implemented by suppliers of energy services;
d) accession and the dispatching of power projects for the production of electric power of the medium and low voltage;
e) accession of power projects for the production of electrical energy, located closer to points of consumption;
is) giving access to the networks of the facilities;
12. the introduction of dynamic pricing for the optimization of consumption of electric power by the end customers through:
and, taking into account the prices) period of consumption;
b) prices for critical periods of peak workload;
c) pricing in real time;
d) discounts for reduced consumption during peak periods. "
6. In art. 35, para. 2, item 5, the words "article. 10, para. 1 "shall be replaced by" art. 14, para. 4 and art. 15. "
7. in the third chapter the name of section VI shall be amended as follows: "measures for the protection of consumers of energy services".
8. In art. 38A, para. 1:
and before that) the text shall be amended as follows: 1 "Contracts with consumers of energy services must contain:";
(b) in item 5) after the word "service" is add "including in the event of a change in the contractual terms and conditions and prices";
in point 7) add "within three months of their receipt.
9. in art. 38 (b):
(a)) in the Al. 1:
AA) in the text before paragraph 1 the word "undertakings" shall be replaced by "enterprises – parties to the Treaties ';
BB) point 3 shall be replaced by the following:
"3. the real potrebenite quantities and value of the service provided in accordance with the agreed periodicity of reporting without obligation for an additional payment for this service;"
BB) point 8 shall be inserted:
"8. the conditions for the provision of electronic information for invoicing and electronic invoicing.";
(b)) created new al. 2 and al. 3:
"(2) the provider of energy or natural gas provides customers with a wide choice of payment methods, including advance payments systems that are fair and adequately reflect the probable consumption.
(3) the provider of energy or natural gas supplied to another provider of energy or natural gas consumption data bit client when it is expressly provided for in the agreement between the customer and the supplier of power or natural gas. ";
in the past) Al. 2 it al. (4);
(d)) shall be al. 5 and 6:
"(5) Billing Information shall be provided at least once every three months, and, on request, or when users have made a choice to receive electronic bills – twice a year.
(6) energy undertakings under para. 1 provide consumers of energy services relating to the supply of electricity or natural gas, additional information about:
1. cumulative data for a period of at least three previous years or for the period from the entry into force of the Treaty for delivery, if it is shorter; the data correspond to the intervals for which the information is available from the invoicing;
2. details of consumption, for any day, week, month and year when using intelligent metering systems by providing the end customer via the Internet or through the interface of the measuring instrument data for a period of not less than 24 months, prior to or during the period from the entry into force of the Treaty for delivery, if he is shorter. "
10. In art. 38 in:
(a)) in the Al. 1 the words "art. 38A, para. 1 "shall be replaced by" art. 38 (b), para. 1 ";
(b)) are al. 5, 6, 7 and 8: "(5) energy undertakings under art. 38 (b), para. 1 notify their customers of the energy services – household customers, for any proposed change of contractual terms and conditions and prices of the services provided, as well as for the right of consumers to unilaterally terminate the contract within 30 days from the date of notification, if you do not accept the new conditions and/or prices.
(6) notification of a price increase shall be carried out in the period of invoicing after the entry into force of rising prices.
(7) When the Commission approves the terms and conditions, notification of change of contractual terms and conditions is deemed to be made on the date of publication of the approved terms and conditions.
(8) paragraphs 5 to 7 shall not apply to contracts for the supply of thermal energy. "
11. in art. 38 (d), the words "article. 38A and 38B "are replaced by" article. 38A, 38B and 38 in.
12. in art. 80 and:
a) paragraph 2 is repealed;
(b)) a new para. 5:
"(5) the producers of electric energy holding a plant with a total installed electrical power up to 1 MW, are not subject to annual scrutiny under para. 4. These manufacturers subject to inspection by the authorities of a State financial Agency inspection in an approved annual plan, based on a risk assessment, according to the following criteria: 1. the date of entry into service;
2. amount of the preferential price for the compulsory purchase of the produced electrical energy;
3. date of conclusion of the contract of purchase with the supplier;
4. type of energy source and technology of manufacture. ';
in the previous para.) 5, 6, 7, 8, 9 and 10 shall become al. 6, 7, 8, 9, 10 and 11;
d) past al. 11 becomes para. 12 and in her words "para. 10 "shall be replaced by" para. 11 ";
(e)) the current al. 12 it al. 13;
Al is current). 13 it al. 14 and in her words "para. 10 "shall be replaced by" para. 11 "and the words" para. 11 "shall be replaced by" para. 12 ";
(g)) the current al. 14 it al. 15 and in her words "para. 10 "shall be replaced by" para. 11. "
13. in art. 83, para. 1:
a) in paragraph 4, after the words "for the transmission of electricity through the grid" is added "including priorities for access and dispatching";
(b)) in item 5, after the words "for the transmission of electric power in electric networks" insert "including the priorities of access and dispatch management."
14. In art. 105 Al is created. 8:
(8) the producers of energy from high-efficiency cogeneration may offer additional services of the transmission system operator, in the cases referred to in para. 7, when it is technically and economically compatible with the mode of operation of the facility for production. "
15. in art. 106:
and the current text) became al. 1 and in her words "item 4" shall be replaced by "item 5";
(b)) is hereby set up al. 2:
(2) producers of energy from high-efficiency cogeneration may offer additional services to the operators of distribution networks in the cases referred to in para. 1, when it is technically and economically compatible with the mode of operation of the facility for production. "
16. Article 135 is amended as follows:
"Art. 135. (1) the Building installations on the clients join the warmth through network integration and installation heating ducts.
(2) when a new building, joined in each individual property in the building was mounted on the heat meter individual competitive price.
(3) where it joins an existing building renovated and processing of building heating systems from vertically in horizontal distribution on each individual property in the building can be mounted individually heat meter at a competitive price. "
17. In art. 140 is created new al. 6:
(6) when you replace the existing means for a breakdown of heating, individual heat meters are mounted at a competitive price, as far as this is technically possible or razhodnoefektivno in relation to the potential energy savings. "
18. Article 143 is amended as follows:
"Art. 143. (1) the users of heat in building condominium, choose the method for determining the quantity of thermal energy, dedicated by building installation in a system for a breakdown by individual distributors in accordance with the Ordinance under art. 125, para. 3. (2) where users of heat in building condominium, choose a method for the determination of the quantity of heat, the amount of heat energy, devoted by building installation in a system for a breakdown by individual distributors, is determined by the person referred to in art. 139 b, para. 1 as indicated in the Ordinance under art. 125, para. 3.
(3) the choice referred to in paragraph 1. 1 is carried out by decision of the general meeting of owners or the owners ' Association pursuant to the law on the management of condominium.
(4) the thermal energy for heating of the common parts of the building – the condominium in which there are heaters, in application of a breakdown by individual distributors, shall be determined on the basis of: 1. the power of the radiators, or 2. testimony of installed on them individual distributors.
(5) in the cases referred to in para. 1, 2 and 4 heat is distributed among all the customers in proportion to the heated volume of the individual properties for the project. "
19. in art. 144, para. 3 the words "art. 143, para. 1 and al. 2, item 1 "shall be replaced by" art. 143, para. 1, al. 2 and al. 4, item 1.
20. in art. 155:
(a)) in the Al. 1 paragraph 1 shall be replaced by the following:
"1. in 11 equal monthly payments and a balancing contribution."
(b)) a new para. 2:
"(2) heat distribution company or supplier of heat consumed heat quantity invoiced on the basis of actual consumption at least once a year.";
in the past) Al. 2 it al. 3.
21. In art. 162 creates al. 5:
"(5) for any refusal to recognise a certificate of origin shall be notified to the European Commission."
22. in art. 162 (a):
(a)) in the Al. 1 Add a soft "procedures under the Ordinance under art. 116, para. 7 ";
(b)) a new para. 4:
"(4) the operators of the power grid and the electricity distribution networks in compliance with the security criteria laid down in the rules of art. 83, para. 1, item 4 and 5 of this law and art. 18, al. 1, item 1, 2 and 4 of the law on renewable energy, are required to:
1. provide guaranteed access to the network of electricity produced from high efficiency cogeneration;
2. ensure transmission and distribution of electricity produced from high efficiency cogeneration;
3. provide priority dispatching of electricity produced from high efficiency cogeneration ".
23. Article 163 shall be amended as follows:
"Art. 163. the criteria which must be met by the comprehensive assessment, cost-benefit analysis and the analysis of the national potential for high-efficiency cogeneration referred to in art. 4, al. 2, item 11 shall be determined by an Ordinance issued by the Minister of energy. "
24. in Chapter Eleven, section II art is created. 163:
"Art. 163. (1) in the development of investment projects is carried out a cost-benefit analysis in accordance with the Ordinance under art. 163 for installations with a total thermal input exceeding 20 MW power in cases of:
1. planning of a new thermal power plant for electricity generation, to assess the costs and benefits of design of installation to function as installation for high-efficiency cogeneration;
2. significant retrofitting of thermal installation for the production of electricity, to assess the costs and benefits of retrofitting the plant as a plant for high-efficiency cogeneration;
3. significant retrofitting of industrial waste heat-generating a useful temperature level, with the aim of using waste heat to satisfy the economically justifiable demand, including through cogeneration, as well as the connection of this installation with district heating or cooling networks;
4. planning of new district heating and cooling network; When an existing district heating or cooling networks are planning a new installation for the production of energy or substantially retrofitted on existing installation for recovery of waste heat from neighbouring industrial plants.
(2) the companies responsible for the operation of district heating and cooling networks, at the request of persons who carry out a cost-benefit analysis referred to in paragraph 1. 1, assist and provide the necessary information in the cases referred to in para. 1, item 3 and 4.
(3) the installation of equipment to capture carbon dioxide produced by combustion plant with a view to its storage in geological formations, is not considered to be retrofitted in the cases referred to in para. 1, 2, 3 and 4. "
25. in art. 207 (b), para. 1 the words "art. 38 (d) ' shall be replaced by "art. 38 d, para. 1, 38 d.
26. In § 1 of the additional provisions: a) e.g. 24 shall be in:
"24" Efficient district heating and cooling systems are "district heating or cooling systems that use at least 50 percent renewable energy, heat 50 percent, 75 percent heat from cogeneration or 50 percent of a combination of such energy and warmth.";
(b)) a new item 25:
"25." significant "retrofit retrofit is, the cost of which exceeds 50 per cent of investment costs for a comparable new installation.";
c) in item 41 (b), (a) the words "by a vendor providing services of public interest" shall be deleted.
§ 24. Assessment under art. 4, al. 2, item 11 (a) of the Energy Act shall be prepared and provided to the European Commission by 31 December 2015 at the request of the European Commission assessment is updated every 5-year period.
§ 25. Until 31 December 2016 in buildings with central heating/cooling source or sourcing of district heating network or from a central source, serving multiple buildings are assembled and individual measuring devices for recording the consumption of heat energy and cooling or warm water for each unit, where this is technically possible and economically justified such meters are not installed at the date of entry into force of this law.
§ 26. (1) the regulations on the implementation of the Energy Act shall be adopted, and adapted accordingly issued in accordance with this Act within six months of its entry into force.
(2) pending respectively issuing regulations under para. 1 apply the regulations, so long as they do not contradict the law on power generation.
§ 27. In the public procurement Act (official SG. 28 of 2004; amend., 53/2004, no. 31, 34 and 105 by 2005, issue 18, 33, and 37 79 by 2006, issue 59 (2007), no. 94, 98 and 102 by 2008, no. 24 and 82 from 2009, issue 52, 54, 97, 98 and 99 of the 2010. , PC. 19, 43, 73 and 93 from 2011, issue. 33, 38 and 82 by 2012 PCs. 15 by 2013, PCs. 35 and 40 from 2014, PC. 8, 12, 14 and 17 of 2015) in art. 5, al. 4 after the word "Union" shall be inserted "as well as for the services in ESCO contracts within the meaning of the law on energy efficiency."
§ 28. In the law on corporate income tax (official SG. 105 of 2006; amend., SG. 52, 108 and 110 since 2007, no. 69 and 106 since 2008, 32/35 and 95 of 2009, issue 94 from 2010, issue 19, 31, 35, 51, 77 and 99 from 2011, and 40/94 by 2012, issue 15 , 16, 23, 68, 91, 109 and 100 in 2013, PCs. 1, 105 and 107 by 2014 and PCs. 12 and 22 by 2015.) in art. 55, para. 6 the words "energy efficiency Act" are replaced by "the energy efficiency Act (promulgated, SG. 98 by 2008; amend., SG. 6, 19, 42 and 82 from 2009, PCs. 15, 52 and 97 from 2010, PC. 35 by 2011, issue. 38 by 2012, PCs. 15, 24, 59 and 66 by 2013, PCs. 22, 33 and 98 by 2014 and PCs. 14 by 2015).
§ 29. In the law for local taxes and fees (published, SG. 117 of 1997; amend., SG. 71, 83, 105 and 153 of 1998 No. 103 of 1999, no. 34 and 102 of 2000, 109/2001, no. 28, 45, 56 and 119 in 2002 and 84/112 since 2003, issue 6, 11, 36 70 and 106 in 2004, PCs. 87, 94, 100, 103 and 105 of 2005, St. 30, 36 and 105, 2006, issue. 55 and 110 since 2007, PCs. 70 and 105 of 2008, PCs. 12, 19, 41 and 95 of 2009, PCs. 98 of 2010, PC. 19, 28, 31, 35 and 39 of 2011; Decision No. 5 of the Constitutional Court by 2012 – PCs. 30 by 2012; amend., SG. 53, 54 and 102 by 2012 PCs. 24, 30, 61 and 101 by 2013, PCs. 105 by 2014 and PCs. 14 by 2015.) in art. 24, para. 1.18 and 19 the words "art. 25 "is replaced by" article. 48. "
§ 30. 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, 80, 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) the following modifications are made:
1. In art. 142, para. 11 the words "art. 23 (a) ' shall be replaced by "art. 44. "
2. In art. 167, para. 2, point 7, the words "article. 23 "is replaced by" article. 43. "
§ 31. The implementation of the law is entrusted to the Minister of energy, Minister of regional development and public works, Minister of economy and Minister of transport, information technology and communications.
§ 32. The law shall enter into force on the day of its publication in the Official Gazette.
The law was adopted by 43-Rd National sat Rainier on 30 April 2015 and is stamped with the official seal of the National Assembly.
President of the National Assembly Tsetska Tsacheva:
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