Law Amending And Supplementing The Law On Water

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

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Name of law Law amending and supplementing the law on waters of the Name Bill a bill amending and supplementing the law on waters of acceptance Date 15/11/2013 number/year official journal 103/13 Decree No 229

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

I DECLARE:

To be published in the Official Gazette the law amending and supplementing the law on waters, adopted by the National Assembly of HLIÌ 15 November 2013.

Issued in Sofia on 26 November 2013.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Zinaida Zlatanova

LAW

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

§ 1. In the name of Chapter 10 section IX is replaced by the following: "Specialized cards, registers and information systems for water and for water development systems and facilities".

§ 2. Article 176 is amended as follows:

"Art. 176. (1) the specialized cards, registers and information systems provide data on:

1. ownership of the waters and the status of water bodies;

2. water development systems and facilities.

(2) Cards, registers and information systems under para. 1 are maintained in order to ensure the rational use of water and keeping the water development information systems and facilities. "

§ 3. In art. 177 following amendments and supplements shall be made: 1. In para. 1, after the word "system" is added to "waters" and the word "objects" is replaced by "bodies".

2. Al are created. 3 and 4:

"(3) Specialized cards, registers and information system for water development systems and facilities contain data for their type, property rights for housekeeping, maintenance and operation, and other technical parameters.

(4) the data referred to in para. 3 shall be updated in accordance with control performances for the technical condition of the systems and equipment. "

§ 4. Article 178 is amended as follows:

"Art. 178. (1) the specialized cards, registers and information systems under art. 176, para. 1 lead by:

1. the directors of the river basin directorates – in the cases under art. 176, para. 1, item 1;

2. the Minister of regional development – in the cases under art. 176, para. 1, item 2.

(2) the content of the specialized cards, registers and information system under art. 176, para. 1, item 2, the conditions and procedures for their establishment and maintenance are determined by an Ordinance of the Minister of regional development. "

§ 5. Article 179 shall be replaced by the following:

"Art. 179. (1) the cards, registers and information systems under art. 176, para. 1 compile and maintain the areas river water management and administrative units – towns, municipalities and regions.

(2) Cards, registers and information system under art. 176, para. 1, item 1 shall contain: 1. the data on the type of water;

2. data for surface water and groundwater and their:

s) category;

(b)) location;

c) characteristics;

(d));

(e));

3. other data.

(3) Cards, registers and information system under art. 176, para. 1, item 2 shall contain:

1. data on the types of facilities;

2. data on their location;

3. data about their ownership;

4. data concerning their technical characteristics;

5. data for the operator;

6. other data. "

§ 6. In art. 198 in the following modifications are made:

1. In paragraph 8. 4 item 2 is amended as follows:

"2. adopts a decision on the conclusion of the contract in the name of and on behalf of the owner of the water and sewerage and sewerage system for the award of the operator's activities in the provision of water and sewerage service and maintenance of water supply and sewerage systems, including the assumption of financial obligations by the water and sewerage operators, and monitor the implementation of the contract."

2. in the Al. 7 the words "two thirds" are replaced by "three quarters".

§ 7. (G) article 198 shall be amended as follows: "Article. 198 g. provision of management of water and sewerage systems and facilities – public State, respectively – public municipal property, of the Association for water and sewerage in the designated territory shall be carried out in accordance with this law. "

§ 8. In art. 198 p make the following amendments and additions:

1. In paragraph 8. 1, after the words "shall be done" "is added to the contract in accordance with this Act or".

2. Paragraph 3 shall be replaced by the following: "(3) water and sewerage operators recognise in the accounting balance (the financial situation) economic rights granted them by the treaties referred to in paragraph 1. 1 on their water and sewerage systems and facilities – public property and depreciation expenses charged to them pursuant to the accounting Act. These depreciation rates are reinvested by the water and sewerage infrastructure operators in accordance with the approved investment programs to their business plans. "

3. in the Al. 4, the words "concession contract" shall be replaced by ' Treaty under paragraph 1. 1. "

4. Al are created. 5 and 6:

"(5) in the Treaty under paragraph 1. 1 determine at least:

1. the scope of the activities and responsibilities of the operator and the provision of water and sewerage services;

2. the obligations of the operator and the operation, maintenance and improvement of water and sewerage systems and facilities;

3. investment obligations of the operator and the construction of new water and sewerage systems and facilities;

4. detailed rules for the provision of water and sewerage operator for the operation of the newly established and upcoming to build water and sewerage systems and facilities in the autonomous territory;

5. arrangements for the provision of water and sewerage systems and facilities of water supply and sewerage operator;

6. the procedure for the transfer of water and sewerage systems and sewerage facilities by the operator after the termination of the contract;

7. criteria and indicators for the implementation of the activities of control and sewerage operator;

8. the period of validity of the contract;

9. the responsibilities of the parties in the event of obligations under the Treaty;

10. the grounds and procedure for termination of the contract;

11. rules for repayment of financial obligations by the relevant designated territory and sewerage operator and which are included in the business plan approved by the REGULATOR;

12. the conditions under which water and sewerage operator continues its activities in accordance with its approved business plan and the general terms and conditions for the provision of water and sewerage services.

(6) the operator of a water and sewerage the designated territory adopts for use in systems and facilities and with the relevant documentation necessary for their operation. "

Transitional and final provisions

§ 9. (1) the governing bodies of commercial companies – and operators with State and/or municipal participation, within 4 months of the entry into force of this law shall prepare and send to the Minister of regional development lists of water and sewerage systems and facilities referred to in art. 13, 15 and 19, located in autonomous territory which are assets of the companies.

(2) within the period referred to in paragraph 1. 1 regional governors and mayors of municipalities shall prepare and send to the Minister of regional development lists of water and sewerage systems and installations and parts thereof referred to in art. 13, 15 and 19, located in the autonomous territories, which are not included in the assets of the companies referred to in para. 1 on the day of the entry into force of this law.

(3) the lists referred to in paragraph 1. 1 and 2 shall be made in a form approved by the Minister of regional development. At the request of the Minister of regional development to be applied, documents relating to the construction and ownership of the water supply and sewerage systems and facilities.

(4) the Minister of regional development, within three months of receipt of the list under para. 1 and 2 shall draw up and forward to the coordination with the municipalities of protocols for distribution of ownership of assets between the State and the municipalities situated in the autonomous territory.

(5) the municipalities may submit opinions on the distribution of ownership of assets, within two months of receipt of the minutes under paragraph 1. 4. After the expiry of that period the Minister of regional development and municipalities sent to district governors the final protocols. The final protocols have evidentiary value for the distribution of ownership of assets between the State and the municipalities until proven otherwise.

(6) the Minister of regional development and municipalities exercising rights of ownership in sole trade companies with State or municipal participation or on shares in commercial companies under para. 1, in which the State or the municipality is a partner or shareholder, take the necessary action to write off the assets of the Al. 1 and their value on the balance sheet of the companies in two months of preparation, according to receipt of final protocols under para. 5. (7) Derecognition from the balance sheet of the companies – and sewerage operators, property and assets – public State and/or public municipal property, at the expense of own funds of companies, with the exception of the registered (main) capital, and at the expense of the Government grants (funding), when the assets were acquired under grants (funding) and it does not affect the tax their financial result established pursuant to the law on corporate income tax, as art. 161 of the Act on corporate income tax applies only to assets that are not public State and/or public municipal property.


(8) in the cases under art. 198 (b), paragraph 2 the Minister of regional development sent the Association of c and k copies of final reports for the distribution of property under para. 5 immediately after their preparation or after the formation of the Association for water and sewerage in the autonomous territory – if such is not established at the time of the preparation of the final protocols. In these cases, water and sewerage systems and facilities – public State and public municipal property, pass in the management of the Association and in the territory of the individual (k) from the date of receipt of the final minutes of the Association in k, respectively, after their removal pursuant to para. 7. (9) in the cases under art. 198 (b), item 3 (c) and (k) the systems and facilities – public municipal property-pass in the management of municipal councils from the date of receipt of the final minutes under para. 5, respectively – after removal pursuant to para. 7. (10) in the cases under art. 198 (b), paragraph 2, the owner of the water and sewerage systems and facilities – public State and public municipal property, constructed or placed in service after the preparation of protocols for distribution of the assets of the Al. 1 and 2, shall inform the Association and sewerage for date of their introduction into service and sent her copies of the documents related to the construction and property. In this case, the water and sewerage systems and facilities – public State and public municipal property, pass in the management of the Association and in the territory of the individual (k) from the date of receipt of the notification and documents.

(11) To the conclusion of a contract in accordance with art. 198 Oh, al. 4 assets under para. 8 – 10 shall continue to be managed, maintained and operated by the hitherto existing line on the day of the entry into force of this law and of operators in k lot territory within the meaning of § 34 of the transitional and concluding provisions of the law amending and supplementing the law on waters (SG. 47 of 2009; amend., SG. 95 by 2009).

(12) the Write-off of assets and the assets of the Al. 6 is not a supply of a good or service within the meaning of art. 10 of the law on value added tax.

(13) not subject to redeem by the procedure of art. 268, para. 1 of the commercial code shall not be included in the bankruptcy estate under art. 614, para. 1 of the commercial code and did not withdraw within the meaning of art. 716 of the commercial code, the property and assets of the companies submitted in liquidation or in bankruptcy, representing public State and/or public municipal property.

§ 10. (1) contracts entered into prior to the entry into force of this law the concession contracts for outsourcing management, maintenance and operation of water and sewerage systems and the provision of water and sewerage services continue to have effect until terminated. The change in ownership of the water systems and facilities granted to concession does not affect the data provided with respect to these sites the rights and obligations of the concessionaires and koncedentite. In the event of a change in the property rights on water systems and facilities granted to concession, granter, continues to perform on behalf of the new owner's rights and obligations under the concession contract until terminated.

(2) the functions of the Association and for the management of water and sewerage systems and equipment for the water supply of the Sofia Municipality, regardless of ownership and the territories in which are located or in passing, are carried out by the Municipal Council of Sofia Municipality.

§ 11. The first regional master plans of water and sewerage systems and facilities and investment programs to them under art. 198 in, al. 4, item 3 and 4 and article. 198 d, item 4 and 5 are created for the separate territories within the meaning of § 34 of the transitional and concluding provisions of the law amending and supplementing the law on waters (SG. 47 of 2009; amend., SG. 95 of 2009) and are accepted by the Minister of regional development in consultation with the persons under art. 198 (b), item 2 and 3. The persons under art. 198 (b), paragraph 2 and 3 may give an opinion on the first regional master plans of water and sewerage systems and facilities and investment programs to them under art. 198 in, al. 4, item 3 and 4 and article. 198 d, item 4 and 5 within two months of their receipt. Actions under art. 198 k shall be carried out by the Minister of regional development.

§ 12. In the municipalities, on whose territory there are dams – public municipal property, for which contracts have been concluded for the management, maintenance and operation, on a proposal from the Mayor of the municipality the Municipal Council adopts a decision to:

1. create a municipal undertaking to carry out those activities, or 2. opening the procedure for the selection of an operator for assignment management, maintenance and operation of the dams by granting them rental or concession.

§ 13. In the law for the regulation of water supply and sewerage services (official SG. 18 of 2005; amend., SG. 30, 65 and 102 in 2006, issue 102 of 2008 and 47/93 of 2009 and no. 66 by 2013) in art. 10, para. 7 the words "one year" shall be replaced by the words "six months".

§ 14. (1) the current regulatory period within the meaning of art. 10, para. 1 of the law on the regulation of water supply and sewerage facilities shall be extended until 31 December 2015, the next regulatory period begins as from 1 January 2016.

(2) Approved until entry into force of this law, the business plans in the current regulatory period remain in force.

(3) within three months of the entry into force of this law and sewerage operators complete business plans under para. 2 with regard to the extension of the current regulatory period under para. 1. Additions to the business plans are approved by the order of art. 11 of the Act for the regulation of water supply and sewerage services.

(4) within the time limit referred to in paragraph 1. 3 water and sewerage operators may request a review of the approved rates in connection with the additions of the business plans.

(5) in the cases referred to in para. 3 and 4 (c) and (k) the operators comply with the directions of the Commission under art. 6, al. 1, item 4 and art. 16 of the law on regulation of water supply and sewerage services, under which have been drawn up and approved the current business plans.

The law was adopted by the 42nd National Assembly on November 15, 2013 and is stamped with the official seal of the National Assembly.

President of the National Assembly: Mihail Mikov

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