Law To Curb Climate Change

Original Language Title: Закон за ограничаване изменението на климата

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Name of law Law to curb climate change Name of the Bill a Bill to curb climate change adoption date 26/02/2014 number/year Official Gazette 22/2014 Decree No 39

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 for restricting climate change adopted by the HLIÌ National Assembly on 26 February 2014.

Issued in Sofia on March 5, 2014.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Zinaida Zlatanova

LAW

to curb climate change

Chapter one

GENERAL

Art. 1. This law governs social relations associated with: 1. the conduct of State policy on limiting climate change;

2. the implementation of the mechanisms for the implementation of the obligations of the Republic of Bulgaria in the United Nations Framework Convention on climate change (ratified by law – SG. 28 of 1995) (SG. 68 in 2005.) (UNFCCC) and the Kyoto Protocol to the United Nations Framework Convention on climate change (ratified by law – SG. 72/02) (SG. 68 in 2005.) (The Kyoto Protocol);

3. the functioning of the National Green investment scheme (NSZI);

4. the functioning of the national system for inventories of emissions of harmful substances and greenhouse gases in the atmosphere;

5. the implementation of the European emissions trading scheme (EU ETS);

6. the administration of the national registry for trading greenhouse gas emissions (NRTKEPG);

7. measures to reduce emissions of greenhouse gases from the liquid fuels and energy for transport;

8. fulfilment of the obligations arising out of decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions, necessary for the implementation of the community's commitments to reduce greenhouse gas emissions by 2020 (OJ L 140/136 of 5 June 2009) , hereinafter referred to as "decision No 406/2009/EC";

9. the functioning of the scheme for voluntary emission reduction (SDNE).

Art. 2. the law seeks through the adoption of national measures and the introduction of European and international mechanisms to ensure reduction of greenhouse gas emissions as a key element in the policy of limiting climate change and to ensure long-term planning of measures for adaptation to climate change.

Chapter two

POLICY ON LIMITING CLIMATE CHANGE

Section I

Competent authorities

Art. 3. (1) the State policy on limiting climate change is determined by the National Assembly by this law and shall be carried out by the Council of Ministers through regulations under art. 5 and plans and strategies under art. 8 and 9.

(2) the Minister of the environment and waters shall be the competent authority in the overall conduct of State policy on limiting climate change.

(3) the Minister of the environment and water may delegate his powers by an order under this Act of the other officials.

(4) to support the activities referred to in paragraph 1. 2 shall set up a national expert Council on climate change as an advisory body to the Minister of environment and waters, which include representatives of the Ministry of environment and waters, Ministry of agriculture and food, the Ministry of economy and energy, the Ministry of transport, information technology and communications, the Ministry of finance, the Ministry of investment design, the Ministry of the Interior, the Ministry of Foreign Affairs Ministry of regional development, Ministry of health, Ministry of education and science, Ministry of labour and social policy, the State Agency for national security, the Executive Environment Agency, Bulgarian Academy of Sciences, the National Association of municipalities and non-profit organizations, whose activities have a direct relation to limiting climate change.

(5) the activity of the national expert Council on climate change shall be governed by regulations approved by order of the Minister of environment and water.

Art. 4. (1) the State policy on limiting climate change is integrated into relevant sectoral and integrated policies in the fields of transport, energy, construction, agriculture and forestry, tourism, industry, regional development, health care and protection of cultural heritage, education and science, finance and management of European funds, labor and social policy, defence, home and Foreign Affairs and takes place at sectoral level, by the Minister of economy and energy Minister of investment design, the Minister of transport, information technology and communications, the Minister of agriculture and forests, the Minister of Interior, Minister of finance, Minister of Foreign Affairs, the Minister of health and Minister of culture in accordance with the powers conferred on them by this Act and the relevant special laws.

(2) the Ministers under para. 1:

1. provide to the Minister of environment and water information and provide assistance for the implementation of its powers under this Act;


2. define and/or establish special units in their administrations, which assist them in the exercise of their powers in the field of climate change mitigation;

3. designate experts to participate in the process of preparation and coordination of positions and opinions in connection with the activities of the working bodies of the European Commission, the Council of the European Union and the UNFCCC in matters within their competence;

4. coordinate the sectoral policies with regard to climate change with the Minister of environment and water;

5. in agreement with the Minister of environment and water, develop measures for the adaptation of the sector to climate change and exercise control over their implementation.

(3) the Ministers under para. 1 plan means to discharge their obligations under paragraph 1. 2 in the budgets of the agencies that govern.

Art. 5. The Council of Ministers shall, on a proposal from the Minister of environment and waters shall adopt regulations for:

1. modalities for the issuance and review of permits for greenhouse gas emissions from installations and for monitoring of operators of installations and air operators engaged in ESTE;

2. terms and method of reporting and verification of reports from operators of installations and aeronautical operators and for the preparation and verification of applications of new participants;

3. order and providing for the administration of NRTKEPG;

4. the modalities for organizing the national inventories of emissions of harmful substances and greenhouse gases in the atmosphere;

5. terms and method of preparation of reports and for the verification of reports of suppliers of liquid fuels and energy for transport; This Ordinance shall be adopted after the adoption of the methods under art. 64, para. 3.

Art. 6. the Minister of environment and water:

1. jointly with the Ministers under art. 4, al. 1 shall draw up a national action plan in the field of climate change and submit it for adoption by the Council of Ministers;

2. assist the Ministers under art. 4, al. 1 when preparing basic measures for the adaptation of the sector to the effects of climate change and advise them with the national expert Council on climate change;

3. the competent authority in application of ESTE;

4. perform the functions of the national auctioneer within the meaning of article 22 of Regulation (EC) no 1031/2010 of 12 November 2010 on the schedule, manage the application and other aspects of auctioning of allowances for greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowance trading within the greenhouse gases within the Community (OJ L, 302/1 of 18 November 2010), hereinafter referred to as "Commission Regulation (EU) no 1031/2010 ';

5. control the reporting of national inventories of greenhouse gas emissions under the UNFCCC and the Kyoto Protocol;

6. control monitoring and reporting of other data under Regulation (EC) no 525/13 of the European Parliament and of the Council of 21 may 2013 on the mechanism for monitoring and reporting of greenhouse gas emissions and for reporting other information relevant to climate change, at the national level and at the level of the Union and the annulment of decision No 280/2004/EC (OB , L 165/13 of 18 June 2013), hereinafter referred to as "Commission Regulation (EU) no 525/2013";

7. verify and reconcile applications by operators of installations and aircraft operators for free allocation of allowances for greenhouse gas emissions;

8. carry out verification activities and reporting on levels of emissions of greenhouse gases from the categories of sectors in annex I of decision No 406/2009/EC;

9. to manage the construction, operation and maintenance of NRTKEPG;

10. exercise other powers assigned to it by this Act.

Art. 7. the Executive Director of the Executive Agency for the environment (EAE):

1. issue, review, update and cancel permits for emissions of greenhouse gases;

2. Approves, reviewed and updated the plan for the monitoring of annual emissions and tonne-kilometre data from aviation operators;

3. carry out a conservative estimate of emissions within the meaning of Regulation (EC) No 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council (OJ L 181/30 from 12 July 2012), hereinafter referred to as "Commission Regulation (EC) No 601/2012";

4. carry out and report the national inventory of greenhouse gas emissions under the UNFCCC and the Kyoto Protocol;

5. perform the functions of a national administrator, managing NRTKEPG;

6. exercise other powers assigned to it by this Act.

Section II

Strategies and plans

Art. 8. (1) the national plan of action in the field of climate change is a tool that determines the framework of the State policy in the field of climate change for each separate period of action in accordance with the policy of the European Union and international treaties in the field of climate change, to which the Republic of Bulgaria is a party.

(2) in the national action plan for climate change to provide a timetable for the implementation and mechanism for the monitoring of activities on climate change and the achieved reductions of greenhouse gas emissions.

(3) the national plan of action in the field of climate change shall be established by the Minister of environment and water in conjunction with the competent Ministers under art. 4, al. 1 and after consulting with the national expert Council on climate change on the basis of relevant sectoral strategies and plans shall be adopted by the Council of Ministers.


(4) the national plan of action in the field of climate change shall be adopted and updated in line with changes in strategies and plans in the Al. 3 and the commitments of the Republic of Bulgaria arising from international and European legislation.

Art. 9. (1) the Minister of the environment and water management in cooperation with the competent three minis under art. 4, al. 1 and after consulting with the national expert Council on climate change shall prepare a draft of the national strategy for basic measures for adaptation to the impacts of climate change.

(2) the strategy referred to in paragraph 1. 1 shall be drawn up for a period of not less than 20 years, with the exception of the first strategy, which shall be drawn up for the period up to 2030.

(3) the strategy referred to in paragraph 1. 1 shall be adopted by the Council of Ministers.

Art. 10. The Minister of economy and energy shall, in consultation with the Minister of environment and water and the Ministers under art. 4, al. 1 shall draw up a draft national plan for investments for the period 2013-2020 under art. 4, al. 2, item 18 (d) of the Energy Act and forward it for approval to the European Commission.

Chapter three

PERFORMANCE OF THE OBLIGATIONS ARISING OUT OF INTERNATIONAL TREATIES

Section I

A national inventory of greenhouse gas emissions

Art. 11. (1) the Republic of Bulgaria shall carry out annually and report to the Secretariat of the UNFCCC national inventory of greenhouse gas emissions under the UNFCCC and the Kyoto Protocol.

(2) the conditions and manner of organization, including completion and reporting of national inventories of greenhouse gas emissions and data requirements, provided by the authorities under art. 12 shall be determined by the Ordinance under art. 5, item 4.

Art. 12. (1) the competent authorities in the performance of the national inventory under art. 11 are:

1. the Minister of environment and water;

2. the Minister of agriculture and food;

3. the Minister of transport, information technology and communications;

4. the Minister of economy and energy;

5. the Minister of the Interior;

6. the Executive Director of EAE;

7. the Chairman of the National Statistical Institute (NSI);

8. the Executive Director of the Bulgarian Agency for food safety;

9. the Executive Director of the Executive forest Agency;

10. the Executive Director of the Executive Agency "automobile administration";

11. the Executive Director of the Executive Agency "Railway Administration";

12. the Executive Director of the Executive Agency "maritime administration";

13. the Executive Director of the Executive Agency "exploration and maintenance of the Danube River";

14. the Director-General of the Directorate General for Civil Aviation Administration ".

(2) the bodies referred to in para. 1:

1. in accordance with their competence, participate in the development and/or setting national emission factors/odds and/or other indicators used to determine emissions of greenhouse gases in the framework of the national inventory under art. 11;

2. make proposals for changes in the procedure for carrying out the national inventory under art. 11;

3. provide relevant expertise and technical capacity in connection with the implementation of their commitments under item 1 and 2.

(3) in the execution of a national inventory of art. 11 cast and sectoral organisations, scientific and educational institutions in accordance with their competence, provide information and assist the activities of the authorities referred to in para. 1 in carrying out their duties under para. 2.

Art. 13. The Minister of environment and water prepares draft strategic documents and the law on the environment that are associated with carrying out the national inventory under art. 11.

Art. 14. the Executive Director of EAE organized overall activity, the national inventory of art. 11, as:

1. shall inform all the authorities referred to in art. 12, al. 1 for:

(a) amendments to the existing) the relevant manuals and/or methodologies for conducting and reporting of national inventories under art. 11;

(b)) change in the relevant terms and format, including scope and content, which should be presented available data for natural indicators and other related indicators, necessary for carrying out the national inventory under art. 11;

2. each year, draw up a preliminary and final inventory under art. 11 in the order determined by the Ordinance under art. 5, p. 4;

3. submit to the Minister of environment and waters to match the final version of the national inventory under art. 11 in the order determined by the Ordinance under art. 5, p. 4;

4. the final report national inventory to the UNFCCC secretariat;

5. provides training to experts of the authorities under art. 12, al. 1 with respect to their participation in the procedure for carrying out the national inventory under art. 11.

Art. 15. (1) the bodies referred to in article 1. 12, al. 1 2-5 7-9 or authorised by them, officials sent annually to the EAE data for the preceding year referred to in the Ordinance under art. 5, item 4.

(2) the bodies referred to in article 1. 12, al. 1.10-14 or authorised by them, officials sent annually to the Minister of transport, information technology and communications data referred to in the Ordinance under art. 5, item 4. The Minister of transport, information technology and communications or an official authorised by him under the preceding sentence summarizes the data and sends them to the EAE.

(3) the persons under art. 12, al. 3 send Dan s laid down in the Ordinance under art. 5, paragraph 4, of the relevant bodies under art. 12, al. 1, item 3-9.

(4) the data referred to in para. 1 and 2 shall be forwarded to the EAE within the time limits laid down in the Ordinance under art. 5, item 4.


Section II

International trade assigned amount units and National Green investment scheme

Art. 16. (1) this section governs the rules on the sale and exchange of (sings) on the part of the Bulgarian State and the financing of the National Green investment scheme (NSZI) in the Republic of Bulgaria with the proceeds of this sale.

(2) the prescribed emission units are privately owned, which constitute a special type of rights – the subject of international trade, pursuant to art. 17 of the Kyoto Protocol.

Art. 17. (1) by NSZI are supported financially and institutional investment and other projects that reduce greenhouse gas emissions on the territory of the country or lead to other positive environmental effects and impact on the environment, including through reduction of anthropogenic activity factors associated with climate change and global warming, in accordance with the requirements of the European and national legislation in the field of environmental protection.

(2) the National Green investment scheme includes the organisation of the recruitment, evaluation, validation and the financing of projects for green investments through national trust ekofond (NDEF), monitoring and control of the implementation of such projects and, if applicable, verification of the implementation and the results achieved.

(3) the activities referred to in para. 2, containing financial measures, are realized after assessing, attesting to their conformity with the system of State aid by the NDEF.

Art. 18. (1) the requirements of the parties – the acquirers, to SING the purposes and ways of spending the funds from the sale of SINGING are an integral part of the contract for the sale of SINGING, concluded by the Republic of Bulgaria, and consequently of the contracts for the funding of projects for green investments between NDEF and investors who take on the implementation of projects for green investments.

(2) the proper spending of the funds from the sale of an additional guarantee by SINGING:

1. the participation of representatives of the parties – the acquirers, composition and SINGING in the activities of the Advisory Board of the NDEF;

2. publicity of the reports on the evaluation and implementation of projects for green investments to be financed by NSZI.

Art. 19. (1) the participation of the State in international trade with the SINGING is done through procedures for the sale and return of the SINGING in accordance with this law.

(2) the sale and/or replacement under para. 1 include:

1. procedure of negotiations with interested parties or their authorized representatives;

2. the adoption of a decision of the Council of Ministers for approval a draft contract with the basic parameters of the transaction;

3. conclusion of the contract of sale and/or Exchange for SINGING between the Bulgarian State and the acquirer, and

4. write off the sales and/or replaced by SINGING NRTKEPG and transferring them by batch, referred to by the party acquirer.

(3) the procedure of the sale and/or replacement of the SINGING is revealed at the request of the parties concerned – participants in international trade with SINGING, which is the basis for the start of negotiations with potential acquirers. The negotiations are being conducted by the Minister of finance, Minister of environment and water and Minister of economy and energy and/or by officials authorised by them.

(4) the Ministers under para. 3 import draft contract of sale and/or Exchange for singing with the basic parameters of the deal for approval by the Council of Ministers.

(5) the contract of sale and/or Exchange shall be signed by the Minister of finance, Minister of environment and water and Minister of economy and energy and therefore of the Plenipotentiaries of the acquirer. Contracts for the sale of AAUS shall be amended by the order of their conclusion.

(6) the Minister of the environment and waters informs the Executive Director of EAE, which set off the corresponding quantity sold and/or replaced by SINGING NRTKEPG and transferring them in batches/national register of the transferee under the terms of the contract of sale and/or exchang

Art. 20. (1) the funds from the sale of the SINGING Act in the enterprise's budget management environment (EMEPA).

(2) the Ministry of environment and water control the performance of the contracts for sale and/or replacement of SINGING.

(3) the establishment management environmental protection expenditure control granted to the NDEF contracts for the funding of projects in NSZI, including costs for administrative needs in the implementation of NSZI.

Art. 21. Minister of environment and water and the Executive Director of EAE ensure compliance with the conditions for eligibility for the participation of the State in international trade in SINGING under decision 11 of the first Conference of the Parties serving as the meeting of the parties to the Kyoto Protocol by the national system of art. 1, item 4 and NRTKEPG.

Art. 22. (1) the contracts for the sale of AAUS are only designed to finance projects in NSZI, including the administrative costs of the activity, with the exception of the cases referred to in para. 3.

(2) the means of art. 20, para. 1 are used as follows:


1. to 5 per cent of the funds – to cover the administrative costs of the NDEF and EMEPA under the management and control of the NSZI; the allowed amount of the administrative expenses of the NDEF is determined by the buyer of the AAU and entered in the sales contract; Translate amounts required monthly EMEPA to cover the administrative costs of the NDEF in accordance with approved by the Governing Council of the NDEF plan/budget;

2. for a consideration or free of charge to the relevant funding beneficiary after conclusion of the contract between the beneficiary and NDEF for implementation of projects approved by the green investment NDEF; funds are disbursed in accordance with the conditions and time limits laid down in the contract between the beneficiary and NDEF and after entering the EMEPA reasoned request from NDEF.

(3) in the case of the absence of an explicit requirement of the transferee of the SINGING on the use of funds from the sale by NSZI these funds be expended through the budget of EMEPA for the implementation of projects related to environmental protection, and to cover part of the costs incurred for the production capacity for electricity from renewable energy sources.

(4) Projects under par. 3, which will be financed with funds from the sale by NSZI shall be determined by decision of the Council of Ministers.

Art. 23. (1) the implementation and application of the NSZI, with the exception of the projects to be financed by means of art. 22, para. 3, is assigned to the NDEF, which is responsible for recruitment, the adoption and implementation of the award of the green investment projects that will be funded by proceeds from international trade in AAUS in accordance with the requirements of this Act and the terms of the sales contracts.

(2) the funds from the sale of AAUS shall be used for financing projects in the field of energy, transport, agriculture and forestry, waste management, and water conservation clean air, industry and other sectors of the national economy, which:

1. reduce greenhouse gas emissions or removals through implementation of the following measures: examples

a) improving energy efficiency;

(b)) share of renewable energy for their own needs, as well as to cover public expenditure for already existing projects for the production of electricity from renewable energy sources;

c) capture and recovery of methane;

d) afforestation, reforestation and changes in land use; afforestation and reforestation could be carried out only with native species, inhabiting the region either inhabited or geographical zone, and the methods used must be sustainable and take account of scientific developments in this area and experience with adaptation to climate change to the signatories to the UNFCCC;

e) development and implementation of environmental technologies that promote energy efficiency improvement and/or the use of energy from renewable sources;

is) developing and introducing policies to limit climate change in order to fulfil its obligations under the Kyoto Protocol;

g) educational measures, research and measures to improve the administrative capacity and the management of the activities under the policy on limiting climate change;

h) raising awareness of the general public on issues related to climate change;

and) development and introduction of measures for adaptation to climate change;

2. greatly improve the quality of the environment, including reduced air pollution, water and soil.

Art. 24. (1) the National Green investment scheme is managed in accordance with the principles of good international practices, including:

1. transparency;

2. environmental effectiveness, economic efficiency and social acceptability;

3. reliability;

4. traceability;

5. accountability.

(2) the implementation and application of NSZI is ensured through publicity of the criteria and decisions for approval of projects, the terms of the treaties in their implementation, monitoring and control systems for the implementation of treaties and verification systems of the outcome of the implementation of the projects.

Art. 25. the national trust ekofond concluded contracts for the financing of approved projects for the implementation of NSZI under art. 23, para. 1 with the respective beneficiaries.

Art. 26. (1) the control and monitoring of the implementation of the contracts and projects for the implementation of NSZI under art. 23, para. 1 shall be implemented by the NDEF.

(2) in accordance with art. 18, al. 2 member of the transferees, shall have the right to designate their own representatives on the Advisory Board of the NDEF. Each transferee may indicate only one representative to the Advisory Council regardless of the number of persons who acquired SINGS as its representatives.

Art. 27. (1) the Validation of the design and verification of emission reductions of greenhouse gases through projects of NSZI, when this is required by the acquirer of the singing is done by administering its account in accordance with the requirements of Regulation (EC) no 600/2012 of 21 June 2012 on verification of reports of emissions of greenhouse gases and of tonne-kilometre and reports concerning the accreditation of inspection bodies in accordance with Directive 2003/87/EC of the European Parliament and of the Council (OJ , L 181/1 of 12 July 2012), hereinafter referred to as "Commission Regulation (EU) no 600/2012", or verify the Verifier accounts eligible projects under the mechanisms of joint implementation and clean development.


(2) Beneficiaries of projects under NSZI and NDEF authorities may refuse access and data provision of accredited organizations that are necessary for their evaluation and verification of the implementation of the projects and contracts.

Section III

Mechanisms of joint implementation and the clean development mechanism under the Kyoto Protocol

Art. 28. (1) the Minister of environment approves project activities generate emission reduction units (ERUs) and certified emission reductions (CERS) under the Kyoto Protocol.

(2) the Minister of the environment shall approve only project activities, in which the central management of all participants is established in a member country under the Kyoto Protocol, or in a State or federal or regional unit, related to ESTE under an international treaty.

(3) no ERUS are issued with the aim of reducing or limiting emissions of greenhouse gases from activities falling within the scope of this law and of Regulation (EC) No 550/2011 of 7 June 2011 to determine pursuant to Directive 2003/87/EC of the European Parliament and of the Council on certain restrictions applicable to the use of international credits for emission reductions from projects relating to technology (OJ L 149/1 of 8 June 2011), hereinafter referred to as "Commission Regulation (EC) No 550/2011".

(4) the Minister of the environment issued an order to take account of the activities generated by the approved projects ERUS and transfer to the batch by the importer of the project at NRTKEPG.

Art. 29. The Minister of environment and waters issued instruction for approval of projects generating ERUS, in accordance with:

1. decisions adopted under the UNFCCC and the Kyoto Protocol;

2. European legislation in the field of climate change;

3. international criteria and instructions for the production of energy from hydroelectric power stations with a capacity over 20 MW, in particular those contained in the report of the World Commission on dams "dams and development: a new framework for decision-making" since November 2000;

4. Prevention of adverse environmental and social impacts in the case of project activities for the production of energy from hydroelectric power stations with output of more than 500 MW.

Chapter four

EUROPEAN EMISSIONS TRADING SCHEME

Section I

General provisions

Art. 30. (1) the Republic of Bulgaria is a participant in the EU ETS.

(2) the European emissions trading scheme is open to the participation of natural and legal persons from Member States of the European Union, as well as to individuals and legal entities from third countries with which the European Union has concluded agreements for the mutual recognition of allowances between the EU ETS and other trading schemes for greenhouse gas emissions.

(3) the European emissions trading scheme covers installations carrying out activities listed in annex 1, and aviation activities in annex 2.

(4) the provisions of this chapter shall apply for the period 2013-2020, and unless otherwise provided for in European Union law, for any further period of validity of the EU ETS.

Section Ii

Greenhouse gas emissions permits

Art. 31. the use of new and existing installations for the categories of industrial activities referred to in annex 1 shall be permitted after the issue of a greenhouse gas emissions permit by the order of the Ordinance under art. 5, item 1.

Art. 32. (1) for the issue of a greenhouse gas emissions permit the installation operator shall submit an application to the Executive Director of EAE.

(2) the request under paragraph 1. 1 includes a description of:

1. installation and different modes of its operation, including the technology used;

2. the raw and auxiliary materials, the use of which is likely to lead to emissions of greenhouse gases;

3. sources of greenhouse gas emissions from the installation;

4. the measures planned to monitor and report emissions in accordance with the requirements of the Ordinance under art. 5, item 1.

(3) the request under paragraph 1. 1 include a non-technical summary of the description referred to in paragraph 1. 2.

(4) operators of new application systems under para. 1 not later than:

1. three months after the receipt of the construction permit;

2. six months before the change of the attribute or operation of an existing installation or increase its capacity when this change leads to the inclusion of the installation within the scope of annex 1, if, prior to the change installation does not fall within the scope of this annex.

(5) The application referred to in para. 1 the operator shall provide evidence of fulfilment of the requirements of chapter six, section III, and Chapter 7, section II, of the Act on the protection of the environment and specify their credentials.

(6) in the event of a change of operator of installations the new operator shall assume the rights and obligations under the permit and is required within 7 days of the occurrence of the change to inform the Executive Director of EAE, which updated the authorization.

Art. 33. (1) the greenhouse gas emissions permit shall include:

1. the name and address of the operator – a natural person, the name, respectively, UIC/Bulstat number, seat and address of management of the operator – legal person, as well as other data specified by the Ordinance under art. 5, item 1;

2. a description of the installation, its basic parameters and emissions of greenhouse gases that are emitted from it;

3. the monitoring plan, drawn up in accordance with the Ordinance under art. 5, item 1;

4. the reporting requirements in accordance with the Ordinance under art. 5, paragraph 2;


5. an obligation to surrender allowances equal to the total emissions of the installation in each calendar year, verified in accordance with the Ordinance under art. 5, item 2, within 4 months after the end of the calendar year.

(2) the Executive Director of EAE authorisation under paragraph 1. 1 within three months from the date of receipt of the application by the operator under art. 32, para. 1.

(3) the competent authority shall refuse to issue a permit under paragraph 1. 1, when:

1. the operator of an installation has filed incomplete application under art. 32, para. 1 in 14 days it added according to the instructions of the competent authority;

2. According to the content of the application, the operator cannot provide the necessary monitoring and reporting;

3. the operator does not have documents proving the fulfilment of the requirements of chapter six, section III, and Chapter 7, section II, of the Act on the protection of the environment.

Art. 34. (1) the Executive Director of EAE shall review the greenhouse gas emissions permit by the order of the Ordinance under art. 5, item 1 in the event of any change in al. 2, as well as changes in regulations on limiting climate change.

(2) the operator of an installation that has a greenhouse gas emissions permit, is required to notify the competent authority under paragraph 1. 1 in case of:

1. the planned or actual change in the operation of the installation, including:

a) characterization and/or operation of the installation;

(b)) capacity of the installation;

2. a change in the identity of the operator of the installation;

3. termination of activity installation.

(3) following a review of the authorization, the Executive Director of EAE update, issue a new permit or revoke.

(4) the Executive Director of EAE cancels the greenhouse gas emissions permit in the event of termination of the activity the installation, as well as in the case of non-fulfilment of the conditions found the greenhouse gas emissions permit.

(5) Termination of the installation activity occurs when:

1. the installation didn't work and the resumption of the operation is technically impossible;

2. the installation didn't work and the operator is unable to prove, that its operation will be resumed within 6 months; the period laid down in the preceding sentence is 18 months, if the operator proves that the plant cannot resume his activity within 6 months due to the action of force majeure.

(6) the activity of the plant is not terminated in the case of al. 5, item 2, in respect of plants which are held in reserve or in standby mode, and the installations operated by seasonal schedule, if both the following conditions are met:

1. the operator has a greenhouse gas emissions permit and any other permits issued under another act;

2. it is technically possible to start operation, without making physical changes to the installation;

3. in the installation shall be carried out regularly repairs.

(7) the regional Inspectorate of environment and waters to monitor compliance with the conditions of the greenhouse gas emissions permit and shall immediately notify the Executive Director of EAE on the occurrence of the circumstances under para. 4.

Section Iii

Monitoring, reporting and verification

Art. 35. (1) each operator of an installation under art. 31 and every air operator for which the Republic of Bulgaria is the administering Member State shall monitor by the order of the Ordinance under art. 5, item 1 and Regulation (EC) No 601/2012.

(2) Air operators lodged in EAE for approval a monitoring plan for emissions and tonne-kilometre data, drawn up in accordance with the Ordinance under art. 5, item 1.

(3) the Executive Director shall approve the plans of EAE in al. 2 within two months from the date of their submission.

(4) the Executive Director of EAE refuses to approve the monitoring plan and tonne-kilometre data when:

1. aviation operator has submitted a plan for the monitoring of emissions and tonne-kilometre data, which are not prepared in accordance with the Ordinance under art. 5, item 1, and within 14 days is not fixed and/or supplement according to the instructions of the competent authority;

2. aviation operator does not have a valid operating licence for air transport, issued by a Member State of the European Union.

Art. 36. (1) the operators of installations referred to in art. 31, who own a greenhouse gas emissions permit are required to prepare an annual report that contains the data from the monitoring of emissions of greenhouse gases emitted from the installation during the previous year.

(2) Air operators are required to draw up an annual report on emissions and the annual report of the tonne-kilometre data based on the approved plans for the monitoring of emissions of greenhouse gases.

(3) the reports referred to in paragraph 1. 1 and 2 shall be drawn up and verify, in accordance with the Ordinance under art. 5, item 2 and Council Regulation (EC) no 600/2012 and shall be submitted to the Executive Director of EAE for verification and publication.

(4) the operator of an installation or air operator whose report has not been verified by 31 March for emissions during the preceding calendar year, cannot carry out transfers of quotas to the verification of the report. In the event of non-observance of the time limit for verifying the accounts of operators and air operators in their lots in NRTKEPG block to remove the infringement.

(5) the Executive Director of EAE made a conservative estimate of the emissions of an installation or the air operator in accordance with Regulation (EC) No 601/2012, when:


1. no action has been taken an annual emissions report verified by the operator of an installation or air operator by 31 March of the year concerned in accordance with art. 67 (1), para. 1 of Council Regulation (EC) No 601/2012;

2. verificiraniât an annual emissions report is not drawn up in accordance with the requirements of Regulation (EC) No 601/2012;

3. the report on the emissions of the installation operator or operator has not been verified in accordance with Regulation (EC) no 600/2012.

(6) the operators of installations are required for the purposes of art. 47, para. 2, and regardless of the notification according to art. 34, para. 2 to submit annually to the Ministry of environment and water information about any planned or change in capacity, level of activity and the operation of the installation in accordance with the procedure and within the time limit laid down by the Ordinance under art. 5, item 1.

Section IV

Quotas for emissions from aviation activities

Art. 37. (1) for the period from 1 January 2013 to 31 December 2020 and each subsequent period of the EU ETS from aviation activities, the amount of allowances allocated to the aviation operators, it is equal to 95% of the historical aviation emissions multiplied by the number of years included in the period concerned.

(2) Fifteen percent of the quotas referred to in paragraph 1. 1 shall be allocated by auction in accordance with art. 52.

(3) the number of allowances for aviation activities to be set up for sale by tender for each period of the Republic of Bulgaria, is proportional to its share of the total number of established aviation for all Member States of the European Union, for the reference year for this period, reported and verified pursuant to article 15. 36.

(4) for the reference year referred to in paragraph 1. 3 is considered the year ending 24 months before the start of the period to which the auction relates.

Art. 38. (1) the Air operators, to which the Republic of Bulgaria is administering Member State may submit an application to the Minister of environment and water for free allocation no later than 21 months before the start of the period to which the application refers.

(2) the request under paragraph 1. 1 include verified tonne-kilometre data from aviation activities listed in annex No. 2, performed by the aircraft operator for the monitoring year under para. 3.

(3) the monitoring year is the calendar year ending 24 months before the start of the period to which the application refers in para. 1.

(4) the Minister of the environment shall send to the European Commission the applications received at least 18 months before the start of the period to which they relate.

Art. 39. (1) the Minister of the environment and water and the calculated published on the website of the Ministry of environment and water:

1. the quotas for the period allocated to each operator, calculated by multiplying the tonne-kilometre data included in the application, the parameter under para. 2, item 5;

2. quotas allocated to each year of the period of each operator, calculated by dividing the quantity of quotas referred to in paragraph 1 to the number of years in the period for which this operator performs aviation activity listed in annex 2.

(2) the calculation and publication of Dan s under para. 1 shall be made within three months after the decision by the European Commission to:

1. the total quantity of allowances to be allocated for the period;

2. the number of allowances to be allocated by auction for the relevant period;

3. number of allowances from the special reserve for aircraft operators for the period;

4. the number of allowances to be allocated free of charge and which shall be determined by subtracting the number of allowances referred to in paragraphs 2 and 3, of the total quantity of allowances decided upon under paragraph 1;

5. the parameter that will be used for the free allocation of allowances to aircraft operators.

(3) the benchmark referred to in paragraph 1. 2, item 5, expressed in number of quotas order data is calculated by dividing the number of allowances referred to in paragraph 1. 2, item 4, of the sum of the tonne-kilometre data included in applications under art. 38, para. 1, sent to the European Commission.

(4) by 28 February of each year, the Executive Director of EAE issued to each operator the number of allowances allocated to him/her for that year in accordance with para. 1, item 2, in the order of the Ordinance under art. 5, item 3.

Art. 40. (1) the Allowance at a rate three percent of the total quantity of allowances it will allocate for the periods under art. 37, para. 1 shall be set aside in a special reserve for aircraft operators:

1. who are starting to engage in aviation activity falling within Annex 2, after the monitoring year according to art. 38, para. 3 in respect of the relevant period under art. 37, para. 1, and whose activity does not represent in whole or in part a continuation of an aviation activity previously performed by another operator, or

2. the average annual emissions have increased by more than 18 percent annually between the monitoring year according to art. 38, para. 3 in respect of the period under art. 37, para. 1, and the second calendar year of that period and the additional activities do not represent, in whole or in part a continuation of an aviation activity previously performed by another operator.

(2) all unallocated allowances from the special reserve referred to in paragraph 1. 1 sold at auction under section VII.

Art. 41. (1) the air operator, which satisfies the conditions laid down in art. 40, para. 1, may apply for a free allocation of allowances from the special reserve, on application to the Minister of environment and water.

(2) the request under paragraph 1. 1 shall be submitted by 30 June of the third year of the period referred to in art. 37, para. 1 period to which it relates.


(3) the allocation of allowances for aviation operator pursuant to art. 40, para. 1, paragraph 2 may not exceed 1 0000 0000 quotas.

(4) the request under paragraph 1. 1 contains:

1. verified tonne-kilometre data prepared in accordance with the Ordinances under art. 5, paragraphs 1 and 2, for the aviation activities listed in annex No. 2, performed during the second year of the period to which the application relates;

2. proof of fulfilment of the eligibility criteria set out in art. 40, para. 1.

(5) Air operators under art. 40, para. 1. in addition to the data referred to in paragraph 2. 4 in the application include a Declaration on:

1. the percentage increase in tonne-kilometres performed by that aircraft operator between the year to which the monitoring was carried out and for which tonne-kilometre data was submitted under article 8. 38, para. 2 — in respect of the relevant period under art. 37, para. 1, and the second calendar year of that period;

2. the absolute growth in tonne-kilometres performed by that aircraft operator between the year to which the monitoring was carried out and for which tonne-kilometre data was submitted under article 8. 38, para. 2 — in respect of the relevant period under art. 37, para. 1, and the second calendar year of that period, and

3. the absolute growth in tonne-kilometres performed by that aircraft operator between the year to which the monitoring was carried out and for which tonne-kilometre data was submitted under article 8. 38, para. 2 — in respect of the relevant period under art. 37, para. 1, and the second calendar year of that period which exceeds the specified in art. 40, para. 1.2 percent.

(6) no later than 6 months after the expiry of the deadline for submission of the application referred to in paragraph 1. 2 the Minister of environment and water licence applications sent to the European Commission under para. 1.

(7) the parameter that will be used for the free allocation of allowances to aircraft operators who have submitted applications under paragraph 1. 1 shall be determined by the European Commission.

(8) within three months from the date of adoption of the decision of the European Commission, with which the parameter is determined under para. 7, the Minister of environment and waters calculates and published on the website of the Ministry of environment and water:

1. the quantity of allowances from the special reserve allocated to each operator that meets the criteria set out in art. 40, para. 1 and has submitted an application within the time limit referred to in paragraph 1. (2);

2. the quantity of allowances allocated to each operator for each year which shall be determined by dividing the quantity of quotas referred to in paragraph 1 to the number of full calendar years remaining for the relevant period under art. 37, para. 1.

(9) the quotas referred to in paragraph 1. 8, paragraph 1 shall be calculated by the parameter under para. 7 times:

1. tonne-kilometre data included in the application – for air operators, to which art. 40, para. 1, item 1;

2. the absolute growth in tonne-kilometres exceeding the stipulated in art. 40, para. 1.2 percent included in the application referred to in paragraph 1. 1 – for air operators, to which art. 40, para. 1, item 2.

Section V

Quotas for greenhouse gas emissions from installations

Art. 42. (1) the total quantity of allowances for emissions from all plants, issued annually for the entire European Union, as of 2013, reduced by a linear factor of 1.74 percent compared with the average annual total quantity of allowances issued by the Member States in accordance with the decisions of the European Commission on their national allocation plans for the period 2008-2012.

(2) the quantity of allowances issued for the entire European Union for 2013, laid down in Commission decision 2010/634/EC of the European Commission for the specification of the quantity of allowances in the European Union, which should be issued for 2013 in ESTE and repealing Council decision 2010/384/EC (OJ L 281/31 from 23 October 2010).

(3) all emission allowances of installations with effect from 2013, are sold at auction by the procedure of art. 52, except in the cases under art. 43-46.

Art. 43. (1) for the period 2013-2020 and each subsequent period of ESTE free allowances allocated to installations:

1. are included in the list approved by the European Commission with installations in al. 4, or

2. meet the definition of a new entrant submitted are application pursuant to art. 44 and the application is not rejected by the European Commission.

(2) except in the cases under art. 45 and 46 do not allocate free allowances of the following installations:

1. electrical power generators;

2. installations for the capture of carbon dioxide;

3. pipelines for the transmission of carbon dioxide;

4. the storage of carbon dioxide.

(3) is not allocated free allowances to installations that have ceased their activities within the meaning of art. 34, para. 4.

(4) Installations on the territory of the Republic of Bulgaria, which carry out activities in annex 1, as well as the amount of allowances allocated free of charge to each installation in accordance with para. 6 shall be laid down in a list drawn up by the Minister of environment and water, and approved by the European Commission.

(5) the list under para. 4 includes and installations in the territory of the Republic of Bulgaria in the sectors and sub-sectors, exposed to a significant risk of carbon leakage.

(6) the allocation of free allowances for greenhouse gas emissions from the installations shall be made in accordance with Decision 2011/278/EC of 27 April 2011 to determine the valid for the entire European Union transitional rules for harmonised free allocation of emission allowances in accordance with article 10A of Directive 2003/87/EC of the European Parliament and of the Council (OJ , L 130/1 of 17 May 2011), hereinafter referred to as "Decision 2011/278/EC".


Art. 44. (1) the five percent of the amount of quota for the European Union, determined in accordance with art. 42, para. 1 is reserved as a reserve for new entrants.

(2) there shall be no free allocation to new entrants of the produced electricity.

(3) free allocation to be made after verification and approval by the Minister of environment and water of the application to it of the new entrant.

(4) the request under paragraph 1. 3 shall be drawn up in the Bulgarian language in electronic form made available by the European Commission, and shall be filed within one year after the beginning of the normal operation of the installation.

(5) the Minister of the environment and water only accepts applications in which data are verified as satisfactory by the verifikator by the order of the Ordinance under art. 5, item 2 and submitted within the time limit referred to in paragraph 1. 4.

(6) in the reserve Quotas that are not allocated to new entrants in the period 2013-2020 and which are subsequently submitted for distribution of the Republic of Bulgaria by the European Commission shall be allocated by auction in accordance with art. 52.

Art. 45. (1) the free allowances for the period 2013-2020, under the conditions of art. 43 be allocated in favour of toploprenosnite networks, as well as the thermal plants with high efficiency cogeneration of electricity and heat in accordance with the Energy Act for economically justifiable demand for the production of heat or cooling energy.

(2) every year after 2013, the total quantity allocated to similar installations in respect of the production of that heat shall be adjusted by the linear factor referred to in art. 42, para. 1.

Art. 46. (1) the free allowances for the period 2013-2019 are allocated and the installations for the production of electrical energy, started work at 31 December 2008, or plants for the production of electrical energy, the process of investing in which started physically at the same date.

(2) the allocated free allowances shall be deducted from the quantity of allowances that will be traded in accordance with art. 42, para. 3.

(3) in 2013, the total amount of allowances allocated free of charge under para. 1 is not more than 70 per cent of the average annual verified emissions for 2007 from such generators for electricity under para. 1 for the amount corresponding to the gross final national consumption, gradually reduced by the linear factor referred to in art. 42, para. 1. In 2020 is not allocated free allowances to installations under para. 1.

(4) free allocation of allowances to operators is based on the distribution of verificiranite emissions in 2007.

(5) free allocation shall be made after approval by the European Commission on the national plan for investments for the period 2013-2020 under art. 4, al. 2, item 18 (d) of the Energy Act.

Art. 47. (1) on the basis of a decision of the European Commission for the allocation of quotas, the Minister of environment and waters determined annually as from 2013, the allowances to be allocated for the year concerned in accordance with art. 43, para. 4 and 6, and shall inform the distribution Executive Director of EAE.

(2) in the event of a change in capacity, the level of activity or the operation of an installation, which are relevant to the allocation of quotas for the plant, the Minister of environment and water provides for the approval of the European Commission, using the supplied by the European Commission an electronic model, all of the relevant information, including the revised preliminary total annual quantity of free emission allowances from the installation determined in accordance with this section before you determine the final total annual quantity of free emission allowances under para. 1.

(3) by 28 February of each year from 2013 on the basis of the decision of the Minister of environment and waters under para. 1 Executive Director of EAE issue to each operator of an installation that has a greenhouse gas emissions permit, the quantity of allowances that are allocated for that year in accordance with para. 1 and 2, by the order of the Ordinance under art. 5, item 3.

(4) allowance for a new participant in the EU ETS from installations shall be granted in accordance with Council decision 2011/278/EC and the Ordinance under art. 5, item 2.

Section VI

The transmission, Exchange and cancellation of quotas for greenhouse gas emissions. Validity of allowances, CERs and ERUs

Art. 48. (1) the operators of installations having a greenhouse gas emissions permit, and air operators are required by 30 April each year to convey a number of allowances equal to the total emissions from the installation, or as a result of the aviation activities of the preceding year, verified in accordance with the Ordinance under art. 5, item 2, or as a result of a conservative estimate of emissions according to art. 70 of Regulation (EC) No 601/2012. Quotas, which have already been passed, may not be transferred again.

(2) emission allowances from aviation activities can be transmitted only by aircraft operators.

(3) the operator fulfils its obligation under paragraph 1. 1 only with allowances issued by a competent authority of a Member State of the European Union, or with quotas issued by other States listed in annex b to the Kyoto Protocol which have ratified the Protocol, and with which the European Union has concluded an agreement for the mutual recognition of allowances between the EU ETS and other trading schemes for greenhouse gas emissions. The operator cannot fulfil his obligation under paragraph 1. 1 allowance under art. 46, para. 1.


(4) the obligation under paragraph 1. 1 does not arise in respect of emissions, for which the operators verify to the Executive Director of EAE being captured and transferred to permanent storage in an object that has been granted permission to store under the storage of carbon dioxide into the Earth.

(5) the operator of an installation or the air operator, neizp″lnil the transfer of quotas under paragraph 1. 1, is obliged to forward the missing quantity of allowances next year regardless of the penalty under art. 76.

Art. 49. (1) the operators of installations and aeronautical operators can use credits within the framework of the ETS under the conditions and at the rates laid down in Regulation (EC) no 1123/13 of 8 November 2013 for the establishment of rights for international loans pursuant to Directive 2003/87/EC of the European Parliament and of the Council (OB, L 299/32 of 9 November 2013) , hereinafter referred to as "Commission Regulation (EU) no 1123/2013".

(2) the maximum amount of loans that operators of installations can use within the EU ETS for the period 2008-2020 is up to 12.507 percent of the allocated allowances for the period 2008 – 2012 plus the rate laid down in Regulation (EC) no 1123/2013.

(3) the Minister of the environment and water and the amount of the calculated published loans that each operator of an installation can use within the EU ETS in accordance with para. 1, and shall notify the European Commission in accordance with article 59 of Regulation (EC) No 389/13 of 2 may 2013 for the establishment of the register of the EU under Directive 2003/87/EC of the European Parliament and of the Council and decision No 280/2004/EC and no 406/2009/EC of the European Parliament and of the Council and repealing Regulations (EC) No 920/2010 and (EC) no 1193/2011 (OB , L 122/1 of 3 may 2013), hereinafter referred to as "Commission Regulation (EU) No 389/2013".

(4) the Minister of the environment and waters updated annually and the amount of loans that each operator of an installation and aviooperator can use within the EU ETS. Any change in the amount of allowable credits on projects be reported to the European Commission.

(5) the persons referred to in para. 1 do not have the right to use the credits in the framework of the ETS resulting from reductions in greenhouse gas emissions by:

1. projects for the operation of nuclear facilities;

2. projects for land use, land use change and forestry;

3. the projects provided for in Regulation (EC) No 550/2011.

(6) the certified emissions reductions and ERUs cannot be transmitted for the implementation of the obligation under art. 48, para. 1.

(7) the persons referred to in para. 1 have the right to request the replacement of CERs and ERUs with quotas from installations in accordance with art. 60 of Regulation (EC) No 389/2013.

Art. 50. (1) the quotas submitted in accordance with art. 48, are cancelled by 30 June each year.

(2) Voluntary cancellation of allowances at the request of the account holders is carried out by the procedure of art. 68 of Regulation (EC) No 389/2013.

(3) Cancelled pursuant to para. 2 quotas are not refundable except as provided for in Regulation (EC) No 389/2013.

(4) the quotas Cancelled cannot be entered as submitted for consideration of how Vito's emissions.

Art. 51. (1) the Executive Director of EAE distributes free quantities of quota systems on an annual basis, determined by the procedure of art. 47, para. 1 and 3.

(2) Allowances for greenhouse gas emissions issued from 1 January 2013 onwards shall be valid for 8-year periods beginning on 1 January 2013.

(3) within 4 months after the beginning of each period referred to in paragraph 1. 2 the Executive Director of EAE cancel allowances which are no longer valid and have not been surrendered and cancelled in accordance with art. 48 and 50.

(4) the Executive Director of EAE, in Exchange for the canceled quotas under para. 3 shall issue allowances to persons for the current period, whose quotas are lifted.

Section VII

Auctions with quotas for greenhouse gas emissions

Art. 52. (1) all auctions of allowances for greenhouse gas emissions under this law shall be carried out in accordance with Regulation (EC) no 1031/2010.

(2) invitations to the Al. 1 organize and carry out a common tendering platform, determined in accordance with Regulation (EC) no 1031/2010.

Art. 53. (1) the persons who may apply for admission to a direct bidding in the auctions, are:

1. operators of installations and air operators under art. 18 (1) (a) of Regulation (EC) no 1031/2010;

2. investment firms, licensed pursuant to art. 13, para. 1 and 4 of the law on markets in financial instruments;

3. banks, licensed pursuant to art. 2, al. 2, item 9 of the law on credit institutions where the bid invitations;

4. associations of operators referred to in paragraph 1, which offer services for own account and act as agent on behalf of its members;

5. the companies with State participation and administrative authorities which control the operators referred to in paragraph 1 within the meaning of art. 3, item 15 of Regulation (EC) no 1031/2010.

(2) the persons referred to in para. 1, 2 and 3 may bid for tender products, which are not financial instruments if they are duly licensed to do so by the competent supervisory authorities in the implementation of the provisions of art. 59 of Regulation (EC) no 1031/2010.

Art. 54. (1) the Minister of environment and waters is the auctioneer Republic Bulgaria within the meaning of art. 22 of Regulation (EC) no 1031/2010.

(2) Tr″žniât seller under para. 1:

1. carry out the functions provided for in art. 23 of Council Regulation (EC) no 1031/2010;

2. enter into contracts with auction platform, including any related system for clearing and settlement system;

3. draw up, regularly updated and provide the auction platform list of officials supporting the activity of the auctioneer and having access to inside information concerning the conduct of auctions;


4. organize their activities in accordance with the calendar in chapter III of Regulation (EC) no 1031/2010;

5. giving as collateral asset storage quotas to their delivery in the trustee system for clearing or settlement system according to art. 50 of Regulation (EC) no 1031/2010;

6. provide information from the auctions of auction Inspector pursuant to art. 53 of Regulation (EC) no 1031/2010;

7. perform other functions related to the function of the auctioneer.

(3) the Minister of the environment and waters may confer with a performance of a part of its functions under paragraph 1. 2 the Executive Director of EAE in accordance with his duties under art. 7, para. 1, item 5. The Minister of environment determines by order and other officials, to assist it in the performance of functions under para. 2.

(4) officials under para. 3 shall immediately notify the authority under para. 1 when in the performance of their activities occur direct or indirect interest, giving rise to reasonable doubts on their impartiality, and this would lead to a conflict with the proper performance of their functions or the exercise of their powers. The authority referred to in para. 1 ordered in writing their removal and replacement with another officer.

(5) the authority under para. 1 and the officials under para. 3 submit a declaration under art. 12, item 2 and 4 of the law on the prevention and identification of conflict of interest and non-disclosure declaration made known to them on the occasion of the performance of the activities of the auctioneer.

Section VIII

Revenue from the auctions with the greenhouse gas emission allowance

Art. 55. (1) the Tr″žniât seller under art. 54 translates all revenue from funds from the tender sales of allowances in section VII on the budget of EMEPA.

(2) the administrative expenses of the seller under art. 54 shall be reimbursed by EMEPA.

(3) on an annual basis and no later than 31 January tr″žniât seller shall publish on its website a summary of the sales and the funds received by them during the preceding calendar year.

Art. 56. (1) the proceeds from the sale of allowances for aviation activities by auction shall be used to finance activities to curb climate change, including:

1. reduce greenhouse gas emissions;

2. adaptation to the impact of climate change in the Republic of Bulgaria and in third countries, in particular in developing countries;

3. Financing of research and development on ways to curb the harmful effects and adaptation, including in the sectors of Aeronautics and air transport;

4. reduction of emissions through transport with low emissions;

5. payment activity of auction inspector under art. 52 of Regulation (EC) no 1031/2010 and the obligations arising from contracts concluded between a seller and tendering the tendering platform for auctioning of allowances for greenhouse gas emissions in accordance with art. 52 of Regulation (EC) no 1031/2010;

6. other activities leading to the reduction of greenhouse gas emissions and address climate change, including measures to prevent deforestation and to educational and information campaigns aimed at different target groups related to climate change.

(2) the proceeds from the sale of emission allowances from aviation activities do the budget of EMEPA and may be expended by the NDEF order by an Ordinance of the Minister of environment and water. In this case, the article shall apply accordingly. 22, para. 2.

(3) the Minister of the environment and waters informs the European Commission carried out under para. 1.

Art. 57. (1) Seventy-one per cent of the proceeds of the sale by tender of all allocated to the Republic of Bulgaria quotas for installations, except in the cases under art. 43-46, including 50 percent of the proceeds from the sale by auction of allocated to the Republic of Bulgaria depending on the share of the State's emissions in 2007 quotas for greenhouse gas emissions from installations and all proceeds from the sale by auction of additional quota allocated to ensure solidarity and growth in the European Union or be made available to the country When greenhouse gas emissions in 2005 were at least 20 per cent below the levels of emissions for 1988 as the base year for the Republic of Bulgaria under the Kyoto Protocol, shall be used for financing of one or more of the following activities:

1. reduce greenhouse gas emissions by:

a) participation in the Fund for a global energy efficiency and renewable energy sources and in the adaptation fund, set up by decision No 10 of the seventh Conference of the parties to the UNFCCC;

b) adaptation to the impact of climate change;

in finance) research and development;

d) funding of demonstration projects for reducing emissions and adaptation, respectively;

e) participation in initiatives within the framework of European strategic energy technology plan and the European technology platforms;

2. measures to prevent deforestation and increase afforestation and reforestation in developing countries which have ratified the international agreement on climate change, technology transfer, and facilitate adaptation to the adverse effects of climate change in these countries;

3. capture of emissions through the use of forests, including in the territory of other Member States of the European Union;


4. safe for the environment CO2 capture and storage in geological formations and in particular power stations with solid fossil fuels and by industrial sectors and sub-sectors, including in third countries;

5. promoting the transition towards a low emission forms of transport and public transport;

6. research and development relating to energy efficiency and clean technologies in the sectors falling within the scope of the law;

7. measures aimed at improving energy efficiency and insulation of dwellings or to the provision of financial assistance to overcome the social consequences of the increasing price of electricity for households with low-and middle-income countries, as well as measures to encourage the use of energy from renewable sources of energy by households to cover personal needs;

8. development of renewable energies to meet the commitment of the European Union for a 20-percent energy from renewable energy sources by 2020, as well as for the development of other technologies contributing to the transition to a safe and sustainable economy with Niu Ki carbon emissions, and to support compliance with the commitment to increase energy efficiency by 20 percent by 2020;

9. the cost of the activities and obligations under art. 56, para. 1, item 5.

(2) the Minister of the environment and water management shall report to the European Commission for activities carried out under para. 1 in the manner and form laid down by an act of the European Commission.

Art. 58. (1) the proceeds from the sale of allowances for greenhouse gas emissions from installations by tender, with the exception of revenue under art. 57, al. 1, at a rate 29 per cent of the proceeds of the sale by tender of all allocated quotas for the Republic of Bulgaria shall be expended for installations:

1. the payment of contributions of the Republic of Bulgaria in the Green climate fund, set up in accordance with art. 11 of the UNFCCC, or in other international environmental funds;

2. environmental projects in accordance with the national strategies and plans;

3. transfer to the budget of the Ministry of environment and water.

(2) the order and the manner of spending of revenues pursuant to paragraph. 1 and under art. 57 set by Decree of the Council of Ministers.

Section Ix

Administration of the national registry for trading greenhouse gas emission allowance

Art. 59. (1) the Executive Director of EAE perform the functions of the national administrator of NRTKEPG.

(2) the order and the manner of administration of the NRTKEPG shall be determined by the Ordinance under art. 5, item 3.

(3) the national administrator of the NRTKEPG checks to see if the information and documents referred to in article 22, paragraph 1, article 24, paragraph 4, and article 25, paragraph 4 of Regulation (EC) No 389/2013 are complete, up-to-date, accurate and reliable.

(4) the national administrator of the NRTKEPG is assisted by the Ministry of Interior, Ministry of Justice, the Ministry of planning and investment by the Executive Agency "Bulgarian accreditation service".

Art. 60. The decisions of the Executive Director of EAE in his capacity as national administrator pursuant to Regulation (EC) No 389/2013 are individual administrative acts and appeal pursuant to the administrative code.

Art. 61. Account holders, national administrator of registered adminis, pay a fee for entry in the register of the European Union and an annual subscription for the service in accordance with the tariff referred to in art. 72 of the law on the protection of the environment.

Section X

Access to information

Art. 62. the Minister of environment and water provides complete information to the public concerning decisions relating to the allocation of allowances, information on project activities in which the Republic of Bulgaria or for participation in who has authorized other persons, and the reports of emissions required in connection with permits for emissions of greenhouse gases in accordance with the law on access to public information or chapter II of the law on environmental protection according to the nature of the information requested.

Art. 63. (1) the Executive Director of EAE published annually on the website of the EAE:

1. national reports on the inventory of emissions of greenhouse gases for the Republic of Bulgaria;

2. annual verified reports of the operators of the installations and safety of operators;

3. the names of the operators of the installations and of air operators, who are in breach of requirements to surrender sufficient allowances corresponding to their verificiranite.

(2) the Minister of the environment published annually on the website of the Ministry of environment and water annual verified reports under art. 66, para. 1.

(3) the facts and circumstances, with the exception of the information referred to in para. 1 and under art. 64, became known to the competent authorities in connection with their activities in this chapter, are subject to official secrecy and disclosure of other natural and legal persons and/or administrative authorities only under the law.

Chapter five

OTHER MEASURES TO REDUCE GREENHOUSE GAS EMISSIONS

Section I

Reducing emissions from energy and liquid fuels for transportation

Art. 64. (1) suppliers of liquid fuels and transport energy smoothly reduced greenhouse gas emissions per unit of energy than the entire life cycle of the liquid fuels and energy in relation to the basic standards for fuels in 2010 to reach at least 6 percent high total reduction to 31 December 2020.


(2) the persons referred to in para. 1 achieve the reduction of greenhouse gas emissions per unit of energy than the entire life cycle of the liquid fuels and energy for transport through integrated measures, such as:

1. the use of biofuels that meet the sustainability criteria in accordance with the law for I have for energy from renewable sources;

2. the use of alternative fuels;

3. the use of fossil fuels with Niu Ko level of GHG emissions in the mining and processing of crude oil.

(3) the calculation of the greenhouse gas emissions of the entire life cycle of liquid fuels, other than biofuels, and the definition of basic standards of fuel under para. 1 shall take place in accordance with the methodology adopted by the European Commission.

(4) the calculation of greenhouse gas emissions from the life cycle of biofuels shall be carried out in accordance with the procedure referred to in art. 44, para. 3 of the law on renewable energy.

(5) suppliers of electrical energy for use in road vehicles shall be deemed to fulfil the obligation to reduce greenhouse gas emissions under para. 1 in cases where the leading journals and can submit written evidence of the underlying measurements and monitoring of supplied for use in these vehicles.

Art. 65. (1) the persons under art. 66, para. 1 can come together for joint implementation of those referred to in art. 66, para. 1 obligations, in which case they are considered to be a provider.

(2) the provisions of para. 1 shall be applied in accordance with the terms and conditions set by the Ordinance under art. 44, para. 1 of the law on renewable energy.

Art. 66. (1) every provider of liquid fuels and energy for transport not later than 31 March, submit to the Minister of environment and waters verified report on the greenhouse gas intensity of DOS devoted by him during the preceding year in the territory of the liquid fuels for transportation needs.

(2) the report referred to in paragraph 1. 1 shall contain at least:

1. the total volume of all delivered liquid fuels or energy with an indication of the place of purchase and origin, and

2. greenhouse gas emissions for the entire life cycle of liquid fuels, calculated in accordance with the methodologies of art. 64, para. 3 and 4.

(3) the conditions, rules, format and manner for the preparation of the reports referred to in para. 1 and their verification shall be determined by the Ordinance under art. 5, item 5.

Section II

Implementation of the obligations under decision No 406/2009/EC

Art. 67. (1) the Minister of the environment and waters performs an annual verification of greenhouse gas emissions of the Republic of Bulgaria of the categories of activities in annex I in relation to art. 2, paragraph 1 of decision No 406/2009/EC with the levels set out in art. 3 of the same decision, and shall draw up a report, which shall submit to the European Commission.

(2) the report referred to in paragraph 1. 1 shall contain the information referred to in art. 6 of decision No 406/2009/EC and includes:

1. national inventory data under art. 11, para. 1;

2. additional data on national policies;

3. measures to reduce greenhouse gas emissions by sources or enhance removals by sinks for each gas and for each sector;

4. national estimates of greenhouse gas emissions by sources and removals by sinks for each gas and for each sector.

(3) further information under para. 2 Giv delivered to the Minister of environment and water bodies under art. 4, al. 1 by the procedure of art. 11, para. 2.

(4) where a report under para. 1 be found exceeding the emission levels laid down in art. 3 by decision No 406/2009/EC, the Council of Ministers shall, on a proposal from the Minister of environment and water intake solution for developing additional sectoral policies and introduction of additional measures in fulfilment of the obligations of the Republic of Bulgaria arising from decision No 406/2009/EC.

(5) the annual emission allocations under art. 3 (2) of decision No 406/2009/EC of the Republic of Bulgaria, distributed, can be transferred to other Member States of the European Union, in accordance with decision No 406/2009/EC and subject to the conditions of art. 19.

(6) Income under para. 5 do the budget of EMEPA and be expended through NDEF under the conditions of art. 22.

Section III

Voluntary emission reduction

Art. 68. (1) the scheme for voluntary emission reduction (SDNE) covers activities, installations and persons for whom there are no international obligations to reduce emissions of greenhouse gases.

(2) projects shall be carried out in compliance with SDNE on the following principles:

1. complementarity;

2. avoiding double counting of emission reduction achieved;

3. the principles of art. 24, para. 1.

(3) do not receive SDNE projects public funding.

Art. 69. the Minister of environment and water quantity of AAUS cancelled NRTKEPG, which is equal to the volume of emissions reductions achieved as a result of the successfully completed project in SDNE if required by the applicable rules for reporting emission reduction through SDNE.

Art. 70. the Minister of environment and water:

1. determine the scope of the instruction SDNE and approval procedures and projects in consultation with SDNE National Expert Council on climate change;

2. a letter of prior authorisation for realization of the project on SDNE;

3. to certify the results of the project after completing his final SDNE.

Chapter six

COMPULSORY ADMINISTRATIVE MEASURES AND ADMINISTRATIVNONAKAZATELNA RESPONSIBILITY

Section I

Compulsory administrative measures


Art. 71. (1) the Minister of the environment and water or authorised by him in accordance with their jurisdiction officials apply compulsory administrative measures when:

1. violating the provisions of this law, the regulations for its implementation and of the acts of the Minister of environment and waters or authorised by officials in accordance with their competence;

2. obstructing the exercise of control of their business activities.

(2) in the cases referred to in para. 1 in order to prevent or terminate the infringements, as well as for the removal of harmful consequences, the Minister of environment and water and the Executive Director of EAE or authorised by them in accordance with their competence officials apply the following compulsory administrative measures:

1. issue the required written instructions to suspend the execution of certain actions or for compulsory taking of such actions within a specified period of time;

2. provide carrying out of expert reports, checks, tests of the installations and equipment, their parts, components or systems;

3. temporarily suspend or restrict the activities of the operators of installations or of air operators;

4. stop the access of operators of installations and of air operators ' access to the lots in their NRTKEPG within the meaning of art. 34, paragraph 3, point (b) of Regulation (EC) No 389/13 in cases of violation of obligations for accurate reporting of emissions under art. 36, al. 1 and 2 to remove the infringement.

(3) the application of the compulsory administrative measure shall be carried out with a reasoned order of the authority under para. 1, which determines the type of compulsory administrative measure, the manner of its application and an appropriate period for its implementation.

(4) the compulsory administrative measure shall apply to the removal of the causes that led to its imposition.

(5) the order under paragraph 1. 3 shall be served on the person concerned in accordance with the civil procedure code.

(6) the order under paragraph 1. 3 may be appealed by the person concerned under the administrative code. An appeal shall not suspend the execution of the order.

Section II

Administrative penal provisions

Art. 72. (1) The operator of an installation that operates without the authorization required under art. 31, having a fine of 5000 to 10 000 LEVs. – for the natural persons, respectively, the penalty from 10 000 to 50 000. – for a sole proprietorship or a legal person.

(2) in the event of a repeated offence under subsection. 1 having a fine of 10 000 to 20 000. – for the natural persons, respectively, the penalty payment of 20 000 to 100 000 LEVs. – for the legal persons and the sole traders.

Art. 73. The operator of an installation that does not comply with its obligations under art. 34, para. 2 within the time limits provided for by the Ordinance under art. 5, item 1, are fine – for the natural persons, respectively, the penalty payment – for a sole proprietorship or entities from 1000 to 10 000 BGN.

Art. 74. (1) The operator of an installation or air operator who has not complied with the requirements for monitoring and reporting referred to in art. 35, having fine – for the natural persons, respectively, the penalty payment – for a sole proprietorship or entities from 1000 to 10 000 BGN.

(2) in the cases under art. 36, para. 5, item 3 of the verifikatorite have proprietary sanction from 2000 to 20000 EUR

(3) for the second offense shall be imposed a fine, penalty, respectively, as follows:

1. under paragraph 1. 1 – from 2000 to 20 000 BGN.;

2. under para. 2-from 4000 to 40, 000.

(4) in systematic violations of art. 36, para. 5, item 3 shall be revoked the accreditation of verifikatorite by the order of the law for national accreditation of conformity assessment bodies.

Art. 75. (1) A person who contravenes the requirements for storage of information on the requirements of art. 66 (1), para. 1 of Council Regulation (EC) No 601/2012 shall be imposed a fine of 1000 to 5000 BGN, and for legal persons and sole proprietorship having penalty payment of 10 000 to 25 000.

(2) in the event of a repeated offence under subsection. 1 shall be imposed a fine of 2,000 to 10,000 BGN. – for the natural persons, respectively, the penalty payment of 20 000 to 50 000. – for the legal persons and the sole traders.

Art. 76. (1) For failure to comply with the requirements of art. 48, para. 1 of the installation of the operator or aircraft operator – legal person or sole proprietor shall receive financial penalties representing 200 LV. for every tonne of carbon dioxide equivalent, for which the operator has not betrayed the quotas.

(2) payment of the pecuniary penalty under para. 1 does not exempt the operator from the obligation to forward the missing quantity of allowances for the following calendar year.

Art. 77. (1) in the event that the operator does not comply with the requirements of art. 35, para. 1, art. 48, para. 1 and 5 and compliance cannot be provided through other actions, Minister of environment and waters may ask the European Commission to take a decision to impose a ban on the operation of the air operator.

(2) the request under paragraph 1. 1 includes:

1. information on the measures taken by the competent authority to ensure the implementation of the action;

2. justification for the imposition of a ban on the operation of the territory of the European Union;

3. recommendation on the scope of prohibition of the exploitation of the territory of the European Union, as well as other conditions that should be applied.

(3) the request under paragraph 1. 1 apply evidence that aviation operator has fulfilled his obligations under para. 1.

(4) in the event that the European Commission has taken a decision on the request referred to in para. 2, the competent authorities shall take the necessary action for its implementation.

(5) the competent authorities shall forward information to the European Commission for the action taken under paragraph 1. 4.


Art. 78. (1) The applicant within the meaning of art. 20 of Regulation (EC) no 1031/2010 who provides false or misleading information to any tendering platform conducting auctions for two-day or 5-day spot futures, impose a fine of 1000 to 10 000 BGN. – for individuals, and a penalty of 10 000 to 20 000. – for the legal persons.

(2) The applicant under para. 1, which does not immediately notify auction platform under para. 1 any changes in related circumstances that could have significance in connection with the application for admission to his bidding in tenders conducted by this tender platform, or in connection with the already granted him admission to the bidding, having a fine of 1000 to 10 000 BGN. – for the natural persons, respectively, the penalty payment of 10 000 to 20 000. – for the legal persons.

(3) for the second offense under para. 1 and 2 are fine, penalty payment respectively from 2000 to 20000 EUR – for the natural persons, respectively, the penalty payment of 20 000 to 40 000. – for the legal persons.

Art. 79. Who commits unauthorised disclosure of inside information within the meaning of art. 3, s. 29 and article. 37 (a) of Regulation (EC) no 1031/2010 any person working for the auctioneer, is punishable by a fine of 10 000 to 100 000 BGN, and for repeated infringement – with a fine of 20, 000 to 200 000.

Art. 80. a person who violates or fails to fulfil its obligations under art. 59, para. 3, is punishable by a fine of 100 to 600 BGN, and for repeated infringement – from 200 to 1200 LV.

Art. 81. (1) A provider of liquid fuels and energy for transport which does not fulfil its obligation under art. 64, para. 1 shall be imposed a fine of 1000 to 10 000 BGN. – for individuals penalty respectively from 2000 to 20000 EUR – for the legal persons.

(2) A provider of liquid fuels and energy for transport which does not fulfil its obligation under art. 66, para. 1 shall be imposed a fine of 1000 to 10 000 BGN. – for individuals penalty respectively from 2000 to 20000 EUR – for the legal persons.

Art. 82. (1) For other violations of this law and of its implementing regulations, which do not constitute a crime, the offender shall be imposed a fine of 100 to 6000 EUR – for the natural persons, respectively, penalty payment from 1000 to 20 000. – for the legal persons.

(2) in the event of a repeated offence under subsection. 1 having a fine of 200 to 5,000. – p rawling persons penalty respectively from 2000 up to 40, 000. – for the legal persons.

Art. 83. (1) the acts for the establishment of administrative offences shall be drawn up by officials authorised by the Minister of environment and waters under their jurisdiction.

(2) the penal provisions under para. 1 shall be issued by the Minister of environment and water or authorised by officials.

(3) the establishment of the offences, the drawing up of the acts, the issue and the appeal 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. "air operator" is the person who operates an aircraft at the time that it carries out aviation activity listed in annex No. 2, or if that person is not known or is not indicated by the owner of the aircraft – the person who is the owner of the aircraft.

2. Administering Member State "means:

(a) the Member State) of the European Union, which has granted the operating licence of the operator – in the case of operator with a valid operating licence issued by a Member State of the European Union, in accordance with the provisions of Regulation (EC) no 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (OJ , L 293/3 of 31 October 2008);

(b)) the Member State of the European Union, with the largest number of allowances provided for established of flights carried out by the operator in the base year-in cases other than those referred to in (a);

in the Member State) of the European Union, with the largest number of allowances provided for established of flights carried out by the operator during the first two years of the previous period – in the case that there is no fixed operator aviation aviation emissions from flights in the first two years of the period under art. 37, para. 1 in the State on the letter "b".

3. "alternative fuels" are fuels that replace fossil petroleum sources in the supply of energy for transport and have the potential to contribute to its niskov″glerodnost, including electricity, hydrogen, biofuels, synthetic fuels, including natural gas, biomethane in gaseous form (compressed natural gas) and liquid form (LNG and LPG).

4. the "Cancellation" e concept within the meaning of art. 3, item 17 of Regulation (EC) No 389/2013.

5. the "base year" for the purpose of paragraph 2 is the first calendar year of the activity of the operator, who has started to operate in the European Union after 1 January 2006, and in all other cases – calendar year commencing 1 January 2006.

6. "beneficiary" means a person who implements the approved by the NSZI project NDEF.

7. "biofuels" is a concept within the meaning of § 1, item 1 of the additional provisions of the law on renewable energy.

8. "Validation" is the process of independent verification and confirmation of the reliability, credibility and accuracy of project documentation.

9. "Verifikator" is a legal person – the inspection body within the meaning of art. 3, paragraph 3 of Regulation (EC) no 600/2012.


10. "Verification" is the process of independent verification and confirmation of the reliability, credibility and accuracy of monitoring system and the reported data and information relating to emissions of greenhouse gases.

11. "electric power generator" is an installation that, on 1 January 2005, or after it has produced electricity for sale to third parties, and in which there is no other activity referred to in annex 1, except for the burning of fuels.

12. "project activity" is a project activity approved by one or more countries listed in annex I in accordance with art. 6 or 12 of the Kyoto Protocol and the decisions adopted pursuant to the UNFCCC or the Kyoto Protocol.

13. "voluntary emission reduction" means reduction of greenhouse gas emissions resulting from the implementation of projects certified by any of the voluntary standards.

14. "suppliers of fuels and energy for transport" are persons who are placed on the market for liquid fuels and energy for transport and are responsible for their release for pot reblenie within the meaning of the law on excise duties and tax warehouses.

15. "Kyoto units" e concept within the meaning of art. 3, item 12 of Regulation (EC) No 389/2013.

16. "Unit of emission reductions (ERUS)" is equal to one tonne of carbon dioxide equivalent, achieved as a result of the project "joint implementation" under art. 6 of the Kyoto Protocol and the decisions adopted pursuant to the UNFCCC or the Kyoto Protocol.

17. "emission" means the release of greenhouse gases into the atmosphere from sources in an installation or the separation of aircraft carrying out aviation activities listed in annex 2, to the designated in respect of that activity.

18. "greenhouse gas emissions from the life cycle" are all net emissions of CO2, CH4 and N2O, which can be assigned to a particular fuel (including all of its impurities) or production of it energy. This includes all stages of cultivation and the yield of agricultural crops, including land-use changes, as well as transport and distribution, processing and combustion.

19. "greenhouse gas emissions per unit of energy (intensity)" means the total mass emissions of CO2-equivalent greenhouse gas emissions associated with the fuel divided by the total energy content of the fuel (expressed as net calorific value of the fuel).

20. "energy for transport" is energy for use in various types of vehicles, non-road mobile machinery (including vessels on inland waterways), agricultural or forestry tractors or recreational craft, but the resulting from liquid fuels for transportation.

21. ' incineration ' means any oxidation of the fuel, regardless of how you use heat, electrical or mechanical energy produced by this process, and any other directly associated activities including waste gas scrubbing.

22. "preparation of national inventories of greenhouse gases" is a compilation of data collected as a result of the information supplied by the authorities under art. 12, al. 1, item 2-5, s. 7 – 14 and calculate the amount of anthropogenic emissions by sources and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol on substances that Deplete the ozone layer signed on 16 September 1987 (ratified by Decree No 2235 – SG. 82 of 1989) (SG. 71 of 1999), thrown into the air, in the manner laid down by the Ordinance under art. 5, item 4.

23. "climate change" is climate change, directly or indirectly related to human activity, which changes the composition of the global atmosphere and which is in addition to natural climate variability observed for comparable periods of time.

24. ' installation ' means any stationary technical unit in which:

(a)) shall be carried out one or more of the products specified in annex 1;

(b)) and other activities are carried out on the same site that are directly related and/or have a technical connection with the facilities referred to in (a) and which could have an effect on emissions and pollution.

25. "Historical aviation emissions ' means the arithmetical mean of the annual emissions in the calendar years 2004-2006, separated from aircraft carrying out an aviation activity listed in annex 2.

26. "Quota" is the law of the separation of one tonne of carbon dioxide equivalent during a specified period, which shall be valid solely for the purposes of ESTE and may be transferred in accordance with this law.

27. "air-conditioning system" means the totality of the atmosphere, hydrosphere, biosphere and geosphere and their interactions.

28. "Clearing" is a concept within the meaning of art. 3, s. 32 of Regulation (EC) no 1031/2010.

29. "credit" is a unit of emission reductions (ERUS) and/or certified emissions reductions (CERS).

30. "Persons who place the liquid fuels market," persons within the meaning of § 1, item 18 of the additional provisions of the Clean Air Act.

31. "Persons who place energy for transport on the market" are persons who carry out the marketing and supply energy for transport to end customers under the Energy Act.

32. "developing countries" are the States that are out of the list of countries in annex I of the UNFCCC.


33. "the national registry for trading greenhouse gas emissions ' means all batches of users under the Juris diction of the Republic of Bulgaria in the European Union and register under the Kyoto Protocol pursuant to Council Regulation (EC) No 389/2013.

34. start normal operation "is the first day of the first continuous period of 90 days during which the activity of one of the modules of the plant reaches 40 percent of their capacity in accordance with the approved investment project.

35. "new installation" installation, for which the reasons for the submission of an application for the issue of a greenhouse gas emissions permit in accordance with art. 32 occur after the entry into force of this law.

36. "new entrant" means:

a) any installation carrying out one or more of the activities referred to in annex 1, which has obtained a greenhouse gas emissions permit for the first time after 30 June 2011;

(b)) any installation carrying out one or more of the activities referred to in annex 1, which has prevented its activity within the meaning of art. 22 by Decision 2011/278/EC and which has obtained a new greenhouse gas emissions permit for the first time after 30 June 2011;

in) any activities, which is included on a voluntary basis by the Republic of Bulgaria in the EU ETS for the first time;

d) any installation carrying out one or more of the activities referred to in annex 1, or activity under point (b), which has suffered an extension of its capacity by more than 10 percent after June 30, 2011, just in terms of increased capacity.

37. "the public" is a concept within the meaning of § 1, item 24 of the additional provisions of the law for the protection of the environment.

38. "operator" is a concept within the meaning of § 1, item 43 of the additional provisions of the law for the protection of the environment.

39. "commercial air transport operator" is the operator that provides services for the transport by air of passengers, cargo and/or mail for remuneration.

40. "sectors or sub-sectors, exposed to a significant risk of carbon leakage ' means sectors and subsectors included in the annex of decision 2010/2/EU of 24 December 2009 laying down, pursuant to Directive 2003/87/EC of the European Parliament and of the Council, of a list of sectors and sub-sectors for which are thought to be exposed to a significant risk of carbon leakage (OJ , L 1/10 from 5 January 2009).

41. "greenhouse gases" are: carbon dioxide (CO2), methane (Ch4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs) and sulphur hexafluoride (SF6), and other natural and anthropogenic gaseous components of the atmosphere that absorb and re-emit infrared radiation.

42. "Re" is the infringement committed within one year of the entry into force of the decree by which the offender was punished for the same offence.

43. the "payload" for the purposes of the definition in item 57 is the total weight of the transported during the aviation business cargo, mail and passengers.

44. "two-day spot are quotas sold at auction for the delivery of the agreed date not later than the second market day after the date of the auction according to art. 38 (2) (a) of Regulation (EC) no 1287/2006.

45. "transmission" e concept within the meaning of art. 3, item 15 of Regulation (EC) No 389/2013.

46. "the Prescribed emission unit (sings)" t″rguema "is a unit of the prescribed quantity of" equivalent to one tonne of carbon dioxide equivalent, issued pursuant to the provisions of the annex to decision 13 of the first Conference of the parties to the Kyoto Protocol.

47. the "Prescribed amount" means the total quantity of greenhouse gas emissions, which is defined for the Republic of Bulgaria under the Kyoto Protocol for the period from 1 January 2008 to 31 December 2012.

48. the change in the operation of the installation "is a concept within the meaning of § 1, item 40 of the additional provisions of the law for the protection of the environment.

49. "placing on the market ' is a concept within the meaning of § 1, item 17 of the additional provisions of the Clean Air Act.

50. "Off" for the purposes of the definition in item 57 is the distance in the shortest arc of the Earth's land area (ortodroma) between the airport of departure and the airport of arrival plus additional unchanging factor of 95 km.

51. "certified emission reductions (CERS)" is a unit equal to one tonne of carbon dioxide equivalent, achieved as a result of the project "clean development" under art. 12 of the Kyoto Protocol and the decisions adopted pursuant to the UNFCCC or the Kyoto Protocol.

52. "Settlement" is a concept within the meaning of article 3, item 34 of Regulation (EC) no 1031/2010.

53. "clearing system" is a concept within the meaning of article 3, point 31 of Regulation (EC) no 1031/2010.

54. "settlement system" is a concept within the meaning of article 3, item 36 of Regulation (EC) no 1031/2010.

55. "liquid fuels for transportation" are liquid fuels within the meaning of § 1, item 21 of the additional provisions of the Clean Air Act, that are used in engines with spark ignition and compression-ignition engines of road vehicles and non-road mobile machinery (including sailing vessels on inland waterways, when not sailing in maritime waters), agricultural and forestry tractors as well as recreational craft when not sailing in maritime waters.

56. "Tonne of carbon dioxide equivalent" is one metric tonne of carbon dioxide (CO2) or an amount of any other greenhouse gas with an equivalent global warming potential.

57. "tonne-kilometre" is ton payload as defined under item 43, carried off half a mile away.


58. "tendering platform" is an institution that organizes carrying out of financial operations, forming the tendering procedure during the third period of the EU ETS through a system for clearing or settlement.

59. "Established aviation emissions" means emissions from all flights falling within the aviation activities listed in annex 2, which depart from an airport situated in the territory of a Member State or arrive at such an airport in a third country.

60. "Systematic violation" was present when they are incurred within three years of two or more violations of the requirements of Regulation (EC) no 600/2012 in the verification of the annual reports for the greenhouse gas emissions of the installation operator or operator.

§ 2. (1) this Act establishes the requirements of:

1. Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the greenhouse gases within the community and amending Council Directive 96/61/EC;

2. Directive 2004/101/EC of the European Parliament and of the Council of 27 October 2004 amending Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the greenhouse gases within the community in respect of project mechanisms provided for in the Kyoto Protocol;

3. Directive 2008/101/EC of the European Parliament and of the Council of 19 November 2008 amending Directive 2003/87/EC so as to include aviation activities in the scheme for trading greenhouse gas emissions trading within the Community (OJ L 8/3 of 13 January 2009);

4. Directive 2009/29/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 2003/87/EC so as to improve and extend the allowance trading scheme for greenhouse gas emissions of the Community (OJ L 140/63 of 5 June 2009);

5. Directive 2009/30/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 98/70/EC as regards the specification of petrol, diesel and gas-oil and introducing a mechanism to monitor and reduce the levels of greenhouse gas emissions and amending Council Directive 1999/32/EC as regards the specification of fuel used by inland waterway vessels and repealing Directive 93/12/EEC (OJ L 140/88 of 5 June 2009).

(2) this Act contains measures to:

1. decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions, necessary for the implementation of the community's commitments to reduce greenhouse gas emissions by 2020;

2. Decision 2011/278/EC of 27 April 2011 to determine the valid for the entire European Union transitional rules for harmonised free allocation of emission allowances in accordance with article 10A of Directive 2003/87/EC of the European Parliament and of the Council;

3. Decision 13/162/EC of 26mart 2013. to determine the annual emission allocations to Member States for the period from 2013 to 2020 in accordance with decision No 406/2009/EC of the European Parliament and of the Council (OJ L 90,/106 of 28 March 2013);

4. Decision No 377/13/EC of the European Parliament and of the Council of 24 April 2013 for a temporary derogation from Directive 2003/87/EC establishing a scheme for trading greenhouse gas emissions trading within the Community (OB, L 113/1 of 25 April 2013);

5. Decision No 529/13/EC of the European Parliament and of the Council of 21 may 2013 on rules for reporting of emissions and absorptions of greenhouse gases due to activities relating to land use, land use change and forestry, and information on the actions associated with these activities (OB, L 165/80 of 18 June 2013);

6. Article 18, paragraph 3 and art. 59, paragraphs 4 to 7 of Regulation (EC) no 1031/2010 of 12 November 2010 on the graph, management and other aspects of auctioning of allowances for greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for trading greenhouse gas emissions trading within the community;

7. Council Regulation (EC) no 600/2012 of 21 June 2012 on verification of reports of emissions of greenhouse gases and of tonne-kilometre and reports concerning the accreditation of inspection bodies in accordance with Directive 2003/87/EC of the European Parliament and of the Council;

8. Council Regulation (EC) No 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council;

9. Council Regulation (EC) No 389/13 of 2 may 2013 for the establishment of the register of the EU under Directive 2003/87/EC of the European Parliament and of the Council and decision No 280/2004/EC and no 406/2009/EC of the European Parliament and of the Council and repealing Regulations (EC) No 920/2010 and (EC) no 1193/2011;

10. Council Regulation (EC) no 525/13 of the European Parliament and of the Council of 21 may 2013 on the mechanism for monitoring and reporting of greenhouse gas emissions and for reporting other information relevant to climate change, at the national level and at the level of the Union and for the annulment of decision No 280/2004/EC;

11. Regulation (EC) no 1123/13 of 8 November 2013 for the establishment of rights for international loans pursuant to Directive 2003/87/EC of the European Parliament and of the Council.

TRANSITIONAL AND FINAL PROVISIONS

§ 3. (1) until 31 March 2015, the replacement of CERs and ERUs for equivalent amounts of allowances under art. 49, para. 7 shall be made by the Executive Director of EAE on the request of the persons under art. 49, para. 1.


(2) from 1 January 2013, the ERUS to reduce or limit emissions of greenhouse gases from activities referred to in annex 1 shall not be issued.

§ 4. Regulations for spending of proceeds from the sale of quotas of greenhouse gas emissions from installations through auction, the budget of the Ministry of environment and waters until 31 December 2012 shall be determined by decision of the Council of Ministers.

§ 5. (1) the applications for approval or reporting of project activities under Chapter three, section III, submitted to the entry into force of the law, be treated in the previous row.

(2) the applications for issue or review of permits for greenhouse gases, submitted before the entry into force of the law, be treated in the previous row.

(3) licences issued prior to the entry into force of the Act permits for greenhouse gas emissions remain in force.

§ 6. Incumbent on the date of entry into force of the law merchant, accredited as verification authorities reserve the right to carry out verification activities.

§ 7. (1) financial measures and measures relating to the free allocation of greenhouse gases, are implemented in accordance with the law with regard to state aid.

(2) the Administrator of State aid granted in accordance with this law, in so far as in any other special law, the Minister of environment and water.

(3) State aid within the meaning of § 1, item 1 of the law on State aid, subject to notification to the European Commission, could not be put into service until the relevant Act of the European Commission, authorising the granting of aid.

§ 8. In the law on markets in financial instruments (promulgated, SG. 52 of 2007; amend., SG. 109 (2007), no. 69 since 2008, issue 24, 93 and 95 of 2009, 43/2010/2011 77, no. 21, 38 and 103 from 2012, issue 70 and 109 from 2013) following amendments and supplements shall be made :

1. In art. 7:

(a)) in the Al. 1 Add "except those under para. 2 and 3 ";

(b)) are al. 3, 4 and 5:

(3) investment firms which are authorised to carry out investment activities under art. 5, al. 2, item 3, may bid directly on their own account, and investment firms which are authorised to conduct investment services under art. 5, al. 2, item 2 – bid on behalf of clients, in auctions for two-day spot under the conditions and in accordance with Regulation (EC) no 1031/2010 of 12 November 2010 on the graph, management and other aspects of auctioning of allowances for greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowance trading within the greenhouse gases within the Community (OJ L, 302/1 of 18 November 2010), hereinafter referred to as "Commission Regulation (EU) no 1031/2010", after authorisation by the Commission, issued in accordance with art. 13, para. 4.

(4) investment firms who want to operate under para. 3 on behalf of clients, you must:

1. hold initial capital not less than 1 0000 0000 BGN.;

2. maintaining own funds at least equal to the amount referred to in paragraph 1 at any time after the issue of the authorization.

(5) investment firms authorised in accordance with art. 13, para. 4 operate under para. 3 in compliance with the requirements of Regulation (EC) no 1031/2010. "

2. In art. 13:

a) a new para. 4:

"(4) where an investment firm wants to carry out the activities under art. 7, para. 3, he must submit an application to the Commission, to which apply the documents referred to in para. 2, item 1, 2, 3 and 5, as well as other documents and information laid down by Ordinance. The application can be submitted simultaneously with the application referred to in paragraph 1. 2, as in this case, the Commission shall decide on the applications submitted by individual decisions. ";

(b)) the previous para. 4 and 5 become respectively al. 5 and 6.

3. In art. 14 al. 1 shall be amended as follows:

"(1) the Commission shall take a decision on the application by:

1. Article 13, para. 2 and 3 – within three months of its receipt, and when they were requested additional information and documents, within one month of receiving them;

2. Article 13, para. 4 – within one month of receipt of the request, and when they were requested additional information and documents, within one month of receiving them;

3. Article 13, para. 4, submitted at the same time as the application under art. 13, para. 2 and 3 – within three months of its receipt, and when they were requested additional information and documents, within one month of receiving them. "

4. In art. 15, para. 1, after the words "the scope of the licence" or "permission is added under art. 7, para. 3. "

5. In art. 16 Al is created. 6:

"(6) the Commission shall refuse authorization under art. 7, para. 3 in the cases referred to in para. 1, item 1, 5, 10, 11 and 14. For refusal Al shall apply accordingly. 2 and 5. "

6. In art. 20:

a) a new para. 3:

"(3) the Commission may revoke the authorization under art. 7, para. 3, if an investment firm:

1. does not start to carry on business in accordance with the issued authorization under art. 7, para. 3 within 12 months of its issue, expressly renounces the authorization or no activity under the permit for more than one year;

2. making false statements, which served as the basis for issue of the permit;

3. ceases to satisfy the requirements for the issuance of the permit or to carry out the activity in accordance with a permit and for a period of three months is not brought into compliance with these requirements;

4. perform and/or allow the performance of gross misconduct or of systemic violations of the requirements for the implementation of activities pursuant to the authorisation. ';

(b)) the previous para. 3, 4 and 5 shall become, respectively, al. 4, 5 and 6;

the Al is created.) 7:

"(7) in the cases referred to in para. 3 Al shall apply accordingly. 4 and 5 and article. 21-23. "

7. In art. 21, para. 6 the words "para. 4 "shall be replaced by" para. 5. "

8. In art. 118 Al is created. 5:


"(5) for the prevention and termination of infringement of Regulation (EC) no 1031/2010 of persons authorised under art. 7, para. 3, as well as obstruction of the control activities of the Commission or the Vice-President, the Commission, respectively the Vice-President shall take the action under paragraph 1. 1 and 4. "

9. an art. 127 (a):

"Art. 127. (1) a representative, employee or person from among the management bodies of the person who has obtained authorization under art. 7, para. 3 who perform or allow it to be breach of art. 13 (3) of Regulation (EC) no 1031/2010, shall be punished with fine in extend from 1000 to 10 000 BGN, and for repeated violation penalty from 2000 to 20000 EUR

(2) in the cases referred to in para. 1 legal persons referred to in paragraph 1. 1 having penalty payment in the amount of 10 000 to 100 000 BGN, and for repeated infringements, the penalty is from 20 000 to 200 000. "

10. In art. 128, para. 1, after the words "art. 127 "and 127" is added.

§ 9. In 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 and PCs. 15, 24, 59 and 66 by 2013) is hereby amended as follows:

1. In art. 1, al. 3, item 1 the words "art. 131 c of the law on the protection of the environment "shall be replaced by" art. 31 of the law on curbing climate change ".

2. In art. 57, al. 1 item 5 is repealed.

§ 10. In the law on measures against money laundering (official SG. 85 of 1998; amend., issue 1 and 102 from 2001, no. 31 of 2003, issue 103 and 105 by 2005, issue 30, 54, 59, 82 and 108 of 2006, issue 52, 92 and 109 in 2007, issue 16, 36, 67 and 69 of 2008. , PC. 22, 23 and 93 from 2009, PCs. 88 and 101 of 2010, PC. 16, 48, 57 and 96 by 2011, issue. 44, 60 and 102 by 2012 PCs. 52 by 2013 and St. 1 by 2014) make the following additions:

1. In art. 3, al. 2 establishes that: 33

"33. the Executive Director of the Executive Environment Agency in his capacity as national administrator for the purposes of Regulation (EC) No 389/13 of 2 may 2013 for the establishment of the register of the EU under Directive 2003/87/EC of the European Parliament and of the Council and decision No 280/2004/EC and no 406/2009/EC of the European Parliament and of the Council and repealing Regulations (EC) No 920/2010 and (EC) no 1193/2011 ( OB, L 122/1 of 3 may 2013). "

2. In the additional provisions § 1 (b) shall be established:

"§ 1 (b). This law provides for measures for the implementation of Regulation (EC) No 389/13 of 2 may 2013 for the establishment of the register of the EU under Directive 2003/87/EC of the European Parliament and of the Council and decision No 280/2004/EC and no 406/2009/EC of the European Parliament and of the Council and repealing Regulations (EC) No 920/2010 and (EC) no 1193/2011. "

§ 11. In the Environmental Protection Act (promulgated, SG. 91 of 2002; Corr. 98/2002; amend., 86/2003, no. 70, 74, 77, 88, 95 and 105 by 2005, issue 30, 65, 82, 99, 102 and 105 of 2006, issue 31, 41 and 89 of 2007, issue 36, 52 and 105 of 2008. , PC. 12, 19, 32, 35, 47, 82, 93 and 103 of 2009, PCs. 46 and 61 from 2010, PC. 35 and 42 by 2011, issue. 32, 38, 53, and 82 by 2012 and St. 15, 27 and 66 by 2013) the following modifications are made:

1. In art. 68, para. 1, item 3 (a), the words "and aviation activities ' shall be deleted.

2. Article 77 (a) is repealed.

3. Articles 131 and 132, 131, b c, d, e 131 131 131 131, (g), (h), 131, 131 and 132 (k) are repealed.

4. In art. 131 l:

a) points 1, 2 and 3 are repealed;

(b)) in item 5, after the words "2003" is placed to the end point, and the text is deleted.

5. articles 128, 131 m n, o, p 131 131 131 131, p, c, 131, 131 and 132 (u) are repealed.

6. articles 141 and 142, (b), art. 142 c, para. 2, art. 142 (d), (e), 142, 142, 142 (g) and 142 (h) are repealed.

7. Article 164 (a) is repealed.

8. Article 164 shall be repealed.

9. In § 1 of the additional provisions:

a) in item 36, the words "annex 6" shall be replaced by "annexes 1 and 2 of the law on curbing climate change";

(b) sections 43A), 43 (b), 43, 43, 43 (e), 43, 44 (g), (h), (I) 43 43 and, 43 k, l, m 43 43, 43, 43, n o p p 43 and 43 are repealed;

in) point 58 shall be repealed;

d) section 59 shall be amended as follows:

"59." greenhouse gases "are gases within the meaning of § 1, item 41 of the additional provisions of the law of limiting climate change. ';

e) points 60, 61, 62, 62A, 63 and 64 are repealed;

66 points), 67, 68 and 69 shall be repealed.

10. Annex No 6 to art. 131, para. 4 and annex 7 to the art. 131 and, al. 5 are repealed.

§ 12. Regional Development Act (promulgated, SG. 50 from 2008; amend., SG. 47, 82 and 93 from 2009, issue 82 by 2012 and 2013 66) in art. 13, para. 2 item 9 shall be established:

9. measures to limit climate change and adaptation to the changes already. "

§ 13. Regulations issued on the basis of the provisions of the Environmental Protection Act repealed by § 11 shall remain in force pending the adoption of appropriate regulations under art. 5, in so far as they do not contravene this law.

§ 14. Within two months from the promulgation of the law the financial supervision Commission shall adopt amendments of the regulations under the law on markets in financial instruments, necessary for the implementation of art. 53, para. 2.

§ 15. In the law on credit institutions (official SG. 59 06; amend., 105/2006, no. 52, 59 and 109 from the 2007 No. 69 since 2008, no. 23, 24, 44, 93 and 95 of 2009, 94 and 101 of 2010 and 77/105 from 2011, and 38/44 by 2012. , PC. 52, 70 and 109 by 2013) make the following additions:

1. In art. 2 creating a new para. 6:

"(6) the banks have the right to conduct business under para. 2, item 9, can bid directly for account of customers in tenders for two daily spot under art. 3 (3) of Regulation (EC) no 1031/2010 of 12 November 2010 on the graph, management and other aspects of auctioning of allowances for greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for trading greenhouse gas emissions trading within the Community (OB, L 302/1 of 18 November 2010) , hereinafter referred to as "Commission Regulation (EU) no 1031/2010", after authorization by the Bulgarian National Bank. The terms and conditions for the issuing of the permit, the documents required for its issue, as well as the grounds for refusal shall be determined by an Ordinance of the BNB.

2. In art. 103 Al is created. 12:


(12) the Bulgarian National Bank may apply the measures referred to in paragraph 1. 2 and if the provisions of Regulation (EC) no 1031/2010. "

3. In art. 152, para. 1, after the words "its application" or "be added to Regulation (EC) no 1031/2010".

§ 16. Within 6 months from the promulgation of the law the Council of Ministers shall adopt the Ordinances under art. 5.

§ 17. Within three months of the entry into force of the law the authorities under art. 4, al. 2 adopt the relevant changes in its structural provisions necessary for the implementation of the provisions of this law.

§ 18. The Minister of environment and water issues instructions under art. 29 and article. 70, paragraph 1 within three months of the entry into force of the law.

§ 19. The implementation of the law is entrusted to the Minister of environment and water, Minister of economy and energy, Minister of investment design, the Minister of transport, information technology and communications and the Minister of agriculture and food.

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

Annex No 1 to art. 30, para. 3

1. Installations or parts of installations used for research, development and testing of new products and processes, and installations that use extremely bio mass, not covered by the scheme for trading greenhouse gas emissions.

2. the threshold values given below generally refer to production capacities or outputs. Where several activities falling under the same category shall be carried out at the same installation, the capacities of such activities are added together.

3. When calculating the total rated thermal input of the installation in order to decide whether to be included in the scheme for greenhouse gas emissions trading, aggregating the nominal thermal capacity of all technical facilities that are part of it and in which fuels are burned in the plant. Such equipment could include all kinds of boilers, pipes, torchlight turbines, heaters, furnaces, incinerators, furnaces for calcining, baking ovens, ovens, dryers, engines, fuel cells, equipment of cyclic dry burning flares, and thermal or catalytic after-burning facilities. Installations with a total rated thermal input under 3 MW and installations used exclusively biomass shall not be taken into account for the purposes of this calculation. "Facilities that use exclusively biomass" include facilities that use fossil fuels only when running or stopping of the installation.

4. If a facility serves as the activity for which the threshold value is not expressed as total rated thermal power, the threshold value of this activity has the advantage in making the decision to include in the scheme for greenhouse gas emissions trading.

5. Where it is found that in an installation is exceeded the threshold value of power of any activity in this application, all of the facilities that burn fuels other than facilities for incineration of hazardous or municipal waste are included in the greenhouse gas emissions permit.

 











Activities





Greenhouse gases









1





2









1. Energy sector





 









1.1 combustion of fuels in installations with a total rated thermal input exceeding 20 MW (except combustion in incineration of hazardous or municipal waste)





Carbon dioxide









1.2. Refining mineral oils





Carbon dioxide









1.3. Coke production





Carbon dioxide









2. production and processing of metals





 









2.1. Roasting and granulation, agglomeration, including metal ore (including a sulfide ore)





Carbon dioxide









2.2. Production of pig iron or steel (primary or secondary fusion) including continuous casting with a capacity exceeding 2.5 tonnes per hour





Carbon dioxide









2.3. Production and processing of ferrous metals (including ferro-alloys) where combustion installations with a total rated thermal input exceeding 20 MW. Processing includes, inter alia, prokatni looms, intermediate annealing, tempering furnaces, smitheries, foundries, coating and pickling





Carbon dioxide









2.4. The production of primary aluminium





Carbon dioxide and perfluoro-

carbon









2.5. The production of secondary aluminium using combustion installations with a total rated thermal input exceeding 20 MW





Carbon dioxide









2.6. The manufacture or processing of non-ferrous metals, including production of alloys, refining, casting, etc., where combustion installations with a total rated thermal input (including fuels used as reducing agents) exceeding 20 MW





Carbon dioxide









3. Manufacture of products of mineral raw materials





 










3.1. The production of cement clinker in rotary kilns with a production capacity exceeding 500 tonnes per day or in other furnaces with a production capacity exceeding 50 tonnes per day





Carbon dioxide









3.2. Production of lime or calcination of dolomite and magnesite in rotary kilns for firing or in other furnaces with a production capacity exceeding 50 tonnes per day





Carbon dioxide









3.3. The manufacture of glass including glass fibre with a melting capacity exceeding 20 tonnes per day





Carbon dioxide









3.4. production of ceramic products by firing, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain, with a production capacity exceeding 75 tonnes per day





Carbon dioxide









3.5. production of mineral wool insulating materials with use of glass, stone or slag with a melting capacity exceeding 20 tonnes per day





Carbon dioxide









3.6. the drying or calcination of gypsum or manufacture of gypsum boards and other gypsum products – in the case of combustion installations with a total rated thermal input exceeding 20 MW





Carbon dioxide









4. other activities





 









4.1. production of pulp from timber or similar fibrous materials





Carbon dioxide









4.2. production of paper or cardboard with a production capacity exceeding 20 tonnes per day





Carbon dioxide









4.3. production of amorphous carbon (soot) with karbonizirane of organic substances such as oils, tar, cracking and distillation residues-in case of use of facilities with a total rated thermal input exceeding 20 MW





Carbon dioxide









4.4. Nitric acid production





Carbon dioxide and nitrous oxide









4.5. The production of adipic acid





Carbon dioxide and nitrous oxide









4.6. production of glioksalova and glyoxalic acid





Carbon dioxide and nitrous oxide









4.7. production of ammonia





Carbon dioxide









4.8. manufacturing of organic chemicals in bulk, in bulk or by cracking, reforming, partial or full oxidation or by similar processes with a production capacity exceeding 100 tonnes per day





Carbon dioxide









4.9. Production of hydrogen (H2) and synthesis gas by reforming or partial oxidation with a production capacity exceeding 25 tonnes per day





Carbon dioxide









4.10. The production of soda ash (Na2CO3) and sodium bicarbonate (NaHCO3)





Carbon dioxide









4.11. Capture of greenhouse gases from plants which fall within the scope of art. 31, for the purpose of transmission and storage in geological formations of storage sites for which it is granted permission to store carbon dioxide, issued in accordance with the law for the storage of CO2 in the subsurface





Carbon dioxide









4.12. transfer of greenhouse gas through pipelines with the purpose of storage in geological formations of storage sites for which it is granted permission to store carbon dioxide, issued in accordance with the law for the storage of CO2 in the subsurface





Carbon dioxide









4.13. Storage of greenhouse gases in geological formations of storage sites for which it is granted permission to store carbon dioxide in accordance with the law for the storage of CO2 in the subsurface





Carbon dioxide











 

Annex 2 to the art. 30, para. 3

From 1 January 2012 in the scheme for trading greenhouse gases include all flights which arrive at or depart from an airport situated in the territory of a Member State to which the Treaty on the functioning of the European Union



Activities





Greenhouse gases









1





2









Aviation:

Flights which depart from or arrive in an airport situated in the territory of a Member State of the European Union





Carbon dioxide









This activity shall not include:

1. flights performed exclusively for the transport by an official of the reigning monarch and his immediate family, heads of State, government leaders and Ministers of the countries which are not Member States, where this is substantiated by the indication of the nature of the fields in the flight plan;





 









2. military flights performed by military aircraft and customs and police flights services;





 










3. flights related to search and rescue operations, fire-fighting flights end, humanitarian flights and flights for emergency medical assistance, which are authorised by the competent authority under art. 6, item 1;





 









4. any flights performed exclusively under visual flight rules as defined in annex 2 to the Chicago Convention;





 









5. flights, ending at the airport from which the aircraft has taken off and during which no intermediate landings;





 









6. training flights performed exclusively for the purpose of obtaining the certificate, or of the class when it comes to flight crew where this is substantiated by the remark in the flight plan provided that the flight does not serve for the transport of passengers and/or cargo or for the positioning or transport aircraft;





 









7. flights performed exclusively for the purpose of conducting research, testing or inspection or issuance of a certificate for the aircraft or equipment, whether it is intended for flight or ground;





 









8. the flights conducted by air craft with a certified maximum take-off weight of less than 5700 kg;





 









9. the flights performed in the framework of obligations for the provision of public services imposed in accordance with Council Regulation (EC) no 1008/2008, to intra-Community air routes of the European Union, on routes in the outermost regions as defined in art. 349 of the Treaty on the functioning of the European Union, or on routes where the capacity does not exceed 30 000 seats per year, and





 









10. flights which otherwise would fall within this activity and are operated by commercial air transport operators and which are either:

(a)) less than 243 flights per period 3 consecutive four-month periods, or

b) flights with total annual emissions of less than 10 000 tonnes per year.





 









Flights performed exclusively for the transport on the occasion of the official managing the monarch and his closest relatives, the heads of State, government leaders and Ministers of the Member States, cannot be excluded at this point.





 











 

The law together with the annexes thereto was adopted by the 42nd National Assembly on 26 February 2014 and is stamped with the official seal of the National Assembly.

President of the National Assembly: Mihail Mikov

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