Law Amending And Supplementing The Law On Water

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

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Name of law Law amending and supplementing the law on waters of the Name Bill a bill amending and supplementing the law on waters date of acceptance 07/03/2014 number/year Official Gazette 26/2014 Decree No 45

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

I DECLARE:

To be published in the Official Gazette the law amending and supplementing the law on waters, adopted by the National Assembly of HLIÌ 7 March 2014.

Issued in Sofia on 14 March 2014.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Zinaida Zlatanova

LAW

amending and supplementing the law on waters (official SG. 67 of 1999; amend., 81/2000, no. 34, 41 and 108 since 2001, issue 47, 74, and 91 of 2002, no. 42, 69, 84, and 107 since 2003, issue 6 and 70 by 2004, issue 18, 77 and 94 since 2005. , PC. 29, 30, 36 and 65 by 2006; Corr, PCs. 66 by 2006; amend., SG. 105 and 108, 2006, issue. 22 and 59 since 2007, PCs. 36, 52 and 70 of 2008, PCs. 12, 32, 35, 47, 82, 93, 95 and 103 of 2009, PCs. 61 and 98 of 2010, PC. 19, 28, 35 and 80 by 2011. 45, 77 and 82 by 2012 PCs. 66 and 103 by 2013)

§ 1. In the transitional and final provisions are made the following amendments and additions:

1. In paragraph 4: (a)) in the Al. 6 creates the second sentence: "the company to which the law is entrusted with the obligation to perform a public service for protection from harmful effects of water throughout the country through an organized and managed by the it network, receive compensation from the State budget, where the obligation to carry out the public service remit for protection from harmful effects of water leads to a net cost and represent an unfair financial burden for him.";

(b)) created new al. 7 and 8:

(7) the amount of the unfair financial burden is determined on the basis of net costs calculated by the methodology adopted by the Council of Ministers.

(8) the amount of compensation may not exceed the size of the unfair financial burden of carrying out the public service to protect against the adverse effects of waters ";

in the previous para.) 7 and 8 shall become al. 9 and 10.

2. Create is § 4A and 4B:

"§ 4A. (1) the obligation to perform a public service for protection from harmful effects of water is assigned to the "irrigation systems", JSC, by contract by the Minister of agriculture and food.

(2) the means to compensate for the unfair financial burden of performing public service for protection from harmful effects of water shall be supplied to the "irrigation systems", JSC, according to art. 2 (1) (a) of Commission decision of 20 December 2011 on the application of art. 106 (2) of the Treaty on the functioning of the European Union for State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest (OJ L 7/3, of 11 January 2012). Means shall be provided and taken into account through the budget of the Ministry of agriculture and food.

(3) following the conclusion of the contract under paragraph 1. 1 the funds to compensate for the unfair financial burden of performing public service for protection from harmful effects of water shall be supplied to the "irrigation systems" – EAD, advance for the current year through the budget of the Ministry of agriculture and food.

(4) the Minister of agriculture and food provides the necessary advance funds under para. 3 in the triennial budget forecasts and the draft budget of the Ministry of agriculture and food.

§ 4 b. (1) the company with an obligation to public service for protection from harmful effects of water shall submit to the Committee established by order of the Minister of agriculture and food, a statement of the costs incurred in carrying out the public service remit for protection from harmful effects of water for the preceding year, together with the necessary evidence to 31 March of the current year.

(2) the documents relating to the calculation of the net cost of performing a public service for protection from harmful effects of water, shall be made available to the Commission under para. 1 and are checked by the auditor specified by it.

(3) within three months of the submission of the report referred to in paragraph 1. 1 the Commission shall take a decision on:

1. the existence of an unfair financial burden for the pursuit of public service for protection from harmful effects of water;

2. the amount of compensation payable to the company with an obligation to public service for protection from harmful effects of water for the previous year;

3. comparison between the size of the unfair financial burden suffered with advance appropriations for the relevant period.

(4) within the time limit referred to in paragraph 1. (3) the Commission may ask the applicant to submit within 7 days further information and evidence.

(5) the Minister of agriculture and food in the course of the budgetary procedure shall submit the decision on para. 3 and the materials to the Minister of finance.

(6) where the costs incurred in al. 1 of the preceding year exceed the amount of the advance appropriations under § 4A, al. 3 for the same year, the Minister of Finance shall include the amount of the difference to the planned advance funds for next year in the draft law on the State budget of the Republic of Bulgaria.

(7) where the costs incurred in al. 1 for the previous year is less than the advance appropriations under § 4A, al. 3 for the same year, the difference shall be reduced provided advance funds for the next fiscal year. "

Transitional and final provisions


§ 2. The funds represent an unfair financial burden suffered by the "irrigation systems" – on the EAD, the public service during the period 2011-2013, shall be reimbursed to the company through the budget of the Ministry of agriculture and food at the expense of the funds provided for in art. 1, al. 2 row 4.1.1 and 4.1.2 of the law on the State budget of the Republic of Bulgaria for 2014 by 31 March 2014.

§ 3. Necessary in pre made estimates of the Ministry of agriculture and food, advance funds for 2014 to perform public service for protection from harmful effects of water shall be supplied to the "irrigation systems", JSC, after conclusion of the contract under § 4A, al. 1, by the order of art. 1, al. 2 row 4.1.1 and 4.1.2 of the law on the State budget of the Republic of Bulgaria for 2014 by 31 March 2014.

§ 4. The Council of Ministers shall adopt the methodology under § 4 para. 7 of the transitional and final provisions, within three months of the entry into force of this law.

The law was adopted by the 42nd National Assembly on 7 March 2014 and is stamped with the official seal of the National Assembly.

President of the National Assembly: Mihail Mikov

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