Law Amending The Law On Energy Efficiency

Original Language Title: Закон за изменение и допълнение на Закона за енергийната ефективност

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Name of law
Law amending the Law on Energy Efficiency




Name Bill
Bill amending the Law on energy efficiency





Date of adoption
26/02/2013



Number / year Official Gazette
24/2013








DECREE № 46 Pursuant to Art. 98 pt. 4 of the Constitution of the Republic of Bulgaria
DECREE:
To be published in the "Official Gazette" Law amending the Law on Energy Efficiency adopted by HLI National Assembly on February 26, 2013 || | Released in Sofia on March 7, 2013
President of the Republic: Rosen Plevneliev
stamped with the state seal.
Minister of Justice:
Diana Kovacheva

Law amending the Law on Energy Efficiency (prom. SG. 98 2008 .; amend., SG. 6, 19 42 and 82 of 2009, pcs. 15, 52 and 97 of 2010, pcs. 35 of 2011, No. 38 of 2012 and SG. 15 of 2013)
§ 1 . In art. 2 pt. 2 the words "energy traders" are deleted.
§ 2. In art. 3, para. 2 the word "indicative" is deleted.
§ 3. In art. 4 para. 2 created item. 5:
"5a. approve methods for evaluating the energy savings made according to the requirements of the ordinance under Art. 9, para. 2, proposed by the Executive Director of the Agency for sustainable energy development. "
§ 4. An Art. 4a:
"Art. 4a. Minister of Regional Development and Public Works:
1. implement the state policy on energy efficiency in residential buildings as part of the National Housing Strategy of the Republic of Bulgaria, the National Programme for Housing Renovation and strategic planning and programming of regional development of the country;
2. participate in the development of the national strategy of art. 3, para. 2 and national action plans for energy efficiency Art. 8, para. 1 and submit annually to the Minister of Economy, Energy and Tourism information for their implementation within its competence; 3
. together with the Minister of Economy, Energy and Tourism develops, updates, submit for approval by the Cabinet and notified to the European Commission a National Plan to increase the number of buildings with nearly zero energy consumption;
4. issued jointly with the Minister of Economy, Energy and Tourism regulations under this Act relating to energy efficiency in buildings. "
§ 5. In art. 5 para. 3 The following amendments and additions:
1. In pt. 13 the words "Art. 23, para. 4 and art. 34, para. 4 "are replaced by" Art. 23a para. 1 and Art. 34a para. 1 ".
2. In t. 17, the words "water boilers" are replaced by "heating systems with boilers." 3
. A new item. 18:
"18. participate in the development of methods for evaluating energy savings; '.
4. A t. 19:
"19. establishes, maintains and publishes the website of the agency's list of financial mechanisms and schemes to promote energy efficiency, which is updated every three years. "
5. Previous item. 18 becomes item. 20.
§ 6. In art. 7 pt. 2 and 3 the word "indicative" is deleted.
§ 7. In art. 8 par. 1 is amended as follows:
"(1) The national action plans for energy efficiency are developed based on the national strategy of art. 7 and include:
1. analysis and evaluation of past national action plan;
2. national target for energy savings, including intermediate national indicative target for energy savings; 3
. individual targets for energy savings, including individual intermediate targets for energy savings;
4. provided for enforcement activities and measures to increase energy efficiency;
5. obligations of public authorities and local authorities in the implementation of the measures envisaged;
6. time schedules;
7. funding sources and a list of financial mechanisms and schemes to promote energy efficiency in buildings;
8. indicators for reporting results and other relevant data. "
§ 8. In Chapter Two, Section II creates art. 8:
"Art. 8a. The national plan to increase the number of buildings with nearly zero energy consumption of art. 4a pt. 3 includes:
1. national definition and performance of buildings with nearly zero energy consumption, reflecting national conditions;
2. the duration of the plan; 3
. national targets for increasing the number of buildings with nearly zero energy consumption depending on the classification of buildings according to the ordinance under Art. 15, para. 3;

4. policies and mechanisms, including financial, to encourage the construction of buildings under item. 3. "
§ 9. In the second chapter in the name of Title III, the words" National Indicative "are deleted.
§ 10. Article 9 is amended as follows:
"Art. 9. (1) The national energy savings targets, intermediate national targets and the procedure for their identification, how to distribute these targets as individual targets for energy savings and the conditions and procedure for updating the list of persons and set their individual goals are determined by an ordinance of the Council of Ministers.
(2) Eligible measures for improving energy efficiency requirements methodologies for evaluating the energy savings after implementation of eligible measures, the form and procedure for issuing certificates for energy savings, as well as terms and conditions for the development and validation of methods be determined by the Minister of economy, energy and tourism. "
§ 11. Article 10 is amended as follows:
" Art. 10. (1) The national energy savings targets and intermediate national targets for energy savings are distributed as individual targets for energy savings and individual interim targets for energy savings action plans under Art. Between 8:
1. energy traders;
2. owners of buildings under Art. 19; 3
. owners of industrial systems under Art. 33 para. 2.
(2) In fulfillment of individual goals and individual intermediate targets energy traders can provide delivery of energy services at competitive prices or to make contributions to the Fund "Energy efficiency and renewable sources" or other specialized funds programs, measures, schemes and mechanisms to finance measures to improve energy efficiency in energy end-users, including agreements with beneficiaries.
(3) energy traders are required to refrain from any activities that might impede the demand, supply and development of energy services and other activities and measures to increase energy efficiency.
(4) To fulfill its objectives energy traders can perform horizontal measures aimed at increasing the energy efficiency of end users, such as information and promotional campaigns.
(5) The persons under par. 1 report the fulfillment of individual goals for energy savings after evaluation of these savings in accordance with Art. 52. "
§ 12. In art. 13 be made the following amendments:
1. Point 1 is amended as follows:
"1. certification for the energy efficiency of new buildings. "
2. In item. 2 the words "buildings" are replaced by "energy efficiency of buildings in operation." 3
. Point 4 is amended as follows:
"4. check the energy efficiency of heating systems with boilers and air conditioning systems in buildings. "
4. A pt. 6:
"6. improve the energy performance of outdoor lighting - street, park and others. "
§ 13. In art. 15 be made the following amendments:
1. In para. 1 after the words "provided in this Act" insert "and the Law on Spatial Planning."
2. Paragraph 2 is amended as follows:
"(2) Investment projects for new buildings under par. 1 must comply with the technical, environmental and economic feasibility of high-efficiency alternative systems to use:
1. decentralized systems of production and consumption of energy from renewable sources;
2. plants for cogeneration of electricity and heat; 3
. installations for central or local heating and cooling, as well as those entirely or partially on renewable energy;
4. heat pumps. "
third. In para. 3 words "under par. 1 "is replaced by" and the scale of energy classes. "
4. Created al. 4, 5 and 6:
"(4) The minimum requirements for the energy performance of buildings or parts thereof, in order to determine optimal levels of costs, technical requirements and energy efficiency indicators and methods for determining the annual energy consumption in buildings, including buildings with nearly zero energy consumption shall be determined in accordance with Art. 169, para. 4 in conjunction with Art. 169, para. 1, p. 6 of the Law on Spatial Planning.
(5) The energy performance requirements of technical building installations t. H. Systems for heating, ventilation and cooling of buildings and systems for hot water and lighting are determined by the Minister of Regional Development and Public Works.
(6) The energy performance requirements shall be reviewed at regular intervals which shall not exceed five years and, if necessary, updated to reflect technical progress in the building sector. "
§ 14. Create is art. 15a - 15d:

"Art. 15a. (1) The energy performance of new building before commissioning shall be certified by a certificate of energy performance project.
(2) The certificate under par. 1 shall be issued based on investment (executive) design of the building by persons under:
1. Article 23, para. 1;
2. Article 23, para. 2 - only for buildings fifth category, according to Art. 137, para. 1, p. 5 of the Law on Spatial Planning, with the exception of buildings for public use in this category.
(3) A certificate under par. 1 shall not be granted for:
1. worship of legally registered religions in the country;
2. temporary buildings with a planned time to use up to two years; 3
. farm buildings of farmers used for farming;
4. production facilities;
5. residential buildings which are used as intended until four months a year or used for a limited period of time in the year and are expected energy consumption of less than 25 percent of the expected all-year use;
6. single buildings with a gross floor area of ​​up to 50 kv. m.
Art. 15b. (1) The sponsor / owner of the new building acquired certificate for design energy performance of the building before its introduction into service.
(2) The owners of individual units in the building are entitled to receive an authenticated copy of the original certificate to design energy performance of the building. The original certificate shall be kept by authorized owners face.
Art. 15c. (1) The sale of a new building in its entirety seller provides the buyer the original certificate to design energy performance.
(2) Upon the sale of individual units in a new building, the seller provides the buyer a notarized copy of the certificate of design energy performance of the building.
(3) When renting a new building or independent units in her landlord gives the tenant a copy of the design energy performance of the building.
(4) Where a new building for which the certificate was issued to design energy performance or independent site it is announced for sale or for rent, the indicator specific annual consumption of primary energy - kWh / m2, referred to in the certificate It was noted in all advertisements.
Art. 15d. The modalities for certification for design energy characteristics are determined in accordance with Art. 25. "
§ 15. Article 16 is amended as follows:
" Art. 16. (1) The energy performance of buildings in operation are established with energy efficiency audit.
(2) The energy efficiency of buildings in operation aims to establish the level of energy consumption, to identify specific opportunities to reduce it and to recommend measures to improve energy efficiency.
(3) The investigation ends with a report drawn up under the terms and conditions of the ordinance under Art. 25. "
§ 16. In art. 17 be made the following amendments:
1. In para. 1 after the words "efficiency of buildings" is added "in operation".
2. Paragraph 2 is amended as follows:
"(2) Certification for energy efficiency of buildings in operation is performed on the basis of conducted energy efficiency audits of the building."
Third. A par. 3:
"(3) The owners of public service buildings with a gross floor area of ​​over 500 sq. M and from 9 July 2015 - with a gross floor area of ​​over 250 sq. M, which has been issued for energy features are required to put the certificate in a prominent place in the building. "
§ 17. in art. 18 be made the following amendments:
1. In the text before item. 1 after the words "Every building" insert "in operation".
2. Point 1 is amended as follows:
"1. buildings and cultural values ​​within the scope of the Cultural Heritage Act and the Protected Areas Act, as far as compliance with certain minimum energy performance requirements would result in a violation of architectural and / or artistic features of the building. "
§ 18. In art. 19 is amended as follows:
1. Paragraph 1 shall be repealed.
2. Paragraph 2 is amended as follows:
"(2) compulsory certification subject all public service buildings in operation with a total built area of ​​over 500 sq. M and from 9 July 2015 - with a gross floor area of ​​over 250 sq. m. "
third. In para. 3 words "para. 1 and 2 "are replaced with" para. 2 ".
§ 19. In art. 20 be made the following amendments:
1. In para. 2 words "energy passport, which is part of the technical passport of the building and certify that the requirement under Art. 169, para. 1, p. 6 of the Law on Spatial Planning "is replaced by" certified for design energy performance. "
2. Paragraph 3 shall be repealed.
3
. In para. 5 word "parts" is replaced by "separate entity", the word "blocks" is replaced by "buildings" and the words "common heating" insert "and / or cooling."
§ 20. A Art. 20a:
"Art. 20a. (1) Measures to improve energy efficiency are recommended for each reconstruction, major renovation, major renovation of buildings or parts of buildings in operation are measured in terms of technical and economic viability of using alternative systems of art. 15, para. 2.
(2) Upon execution of reconstruction, major upgrade, overhaul of the building, its energy performance must be improved so as to comply with the minimum regulatory requirements set out in the ordinance of art. 15, para. 4. "
§ 21. Article 21 is amended as follows:
" Art. 21. (1) Upon the sale of a building of art. 19 seller provides the buyer the energy performance certificate of the building and the sale of private property in a building with total heating and / or cooling system - a certified copy of the certificate of energy performance of the building.
(2) When renting a building of art. 19 or on private property in a building landlord gives the tenant a copy of the certificate of energy performance of the building.
(3) When the building into operation, which has issued an energy performance certificate, or individual site it is announced for sale or for rent, the indicator specific annual consumption of primary energy - kWh / m2, referred to in the certificate , noted in the advertisements. "
§ 22. In art. 22 words "para. 2 "is replaced with" para. 4 ".
§ 23. Article 23 is amended as follows:
"Art. 23. (1) The energy performance certification of buildings, preparation of conformity assessment of investment projects and assessments for energy savings are made by persons registered under Art. 23a para. 1 that:
1. traders under the Commerce Act or under the law of a Member - State of the Union or of another country - party to the Agreement on the European Economic Area or the Swiss Confederation;
2. have the necessary technical means determined by the ordinance under Art. 23a para. 9; 3
. have the necessary staff - consultants energy efficiency set by the ordinance under Art. 23a para. 9 that:
a) have completed higher technical education acquired in the Republic of Bulgaria or in another Member - State of the European Union or in another country - party to the Agreement on the European Economic Area or Switzerland;
B) have gained professional experience - not less than two years for those with a degree "Master" and not less than three years professional experience - for those with a degree "bachelor" ;
C) have passed to acquire the necessary qualifications to carry out activities under par. 1 accredited under the Higher Education Act or under the legislation of a Member - State of the European Union or another country - party to the Agreement on the European Economic Area, senior technical schools or Switzerland.
(2) The energy performance certification of buildings, preparation of conformity assessment of investment projects and assessments for energy savings in buildings fifth category according to art. 137, para. 1, p. 5 of the Law on Spatial Planning, excluding buildings intended for public services in this category may also be carried out by persons registered under Art. 23a para. 1 that:
1. They are individuals - consultants energy efficiency;
2. They have the necessary technical means determined by the ordinance under Art. 23a para. 9; 3
. They have completed higher technical education acquired in the Republic of Bulgaria or in another Member - State of the European Union or in another country - party to the Agreement on the European Economic Area or Switzerland;
4. have gained professional experience - not less than two years for those with a degree "master", and not less than three years professional experience - for those with a degree "Bachelor";
5. They have passed to acquire the necessary qualifications to carry out activities under par. 2 in accredited higher technical schools under the Higher Education Act or under the legislation of a Member - State of the European Union or another country - party to the Agreement on the European Economic Area or Switzerland.
(3) The qualification of consultants in energy efficiency is acquired at two levels:

1. Level 1 - have competence to carry out activities under par. 1 for all categories of buildings in accordance with Art. 137, para. 1, p. 5 of the Law on Spatial Planning and the nomenclature of the types of buildings in different categories determined in accordance with Art. 137, para. 2 of the Law on Spatial Planning;
2. Level 2 - have competence to carry out activities under par. 1 Buildings fifth category according to art. 137, para. 1, p. 5 of the Law on Spatial Planning and the nomenclature of the types of buildings in different categories determined in accordance with Art. 137, para. 2 of the Law on Spatial Planning, no public buildings of the same category.
(4) The persons under par. 1, including their staff and persons under par. 2 not carry out inspection and certification for energy efficiency and / or conformity assessment project of the building when:
1. designers of the building;
2. builders and / or suppliers of machinery and technological equipment; 3
. participants in the operation of the building;
4. participants in the implementation of energy saving measures in the building.
(5) consultants energy efficiency under par. 1 pt. 3 can participate in teams of no more than two persons under par. 1 pt. 1 and Art. 34, para. 1, p. 1. "
§ 24. created art. 23a - 23c:
"Art. 23a. (1) The Agency for Sustainable Energy entered in a public register the persons under Art. 23, para. 1 and 2 in their written request.
(2) The written request under par. 1 shall apply:
1. documents certifying the circumstances under Art. 23, para. 1 pt. 1 and 3 and par. 2 pt. 1, 3-5;
2. a statement of the circumstances under Art. 23, para. 1 pt. 2 para. 2 pt. 2 and par. 4; 3
. Declaration consultant on energy efficiency - a participant in the staff of the trader, the circumstances under Art. 23, para. 5.
(3) The Agency for Sustainable Energy Development issued to persons entered in the register certificates for a fee determined by the tariff under Art. 51, para. 1.
(4) The Agency for Sustainable Energy Development refused to enter in the register persons who do not meet the requirements of Art. 23, para. 1 or 2.
(5) The certificate of registration or motivated written refusal of registration issued by the Executive Director under the terms and conditions provided for in the Administrative Code.
(6) The validity of the certificate under par. 5 is three years.
(7) After the deadline under par. 6 issue a new certificate after the passing of Art. 23, para. 1, p. 3 letter "c" and par. 2 item. 5.
(8) The refusal of registration may be appealed under the Administrative Code.
(9) The circumstances subject to registration under Art. 23, the procedure for registration and for obtaining information and terms and conditions for qualification under Art. 23, para. 1, p. 3 letter "c" and par. 2 pt. 5 are determined by the Minister of Economy, Energy and Tourism and the Minister of Regional Development and Public Works.
Art. 23b. Agency for Sustainable Energy Development deleted from the register persons who have obtained certificates with a right to conduct energy efficiency audits at:
1. failure of any of the conditions under Art. 23, para. 1 and 2;
2. making false declarations under Art. 23, para. 1 pt. 2 para. 2 pt. 2 and par. 4 and 5; 3
. effective penal provision for violation of this law;
4. initiation of bankruptcy or liquidation of the merchant.
Art. 23c. (1) Persons under Art. 23, para. 1 and 2 submitted to the Agency annually no later than January 31 of the current calendar year, a list of buildings that are operating under Art. 23, para. 1 during the previous year.
(2) The list under par. 1 is prepared in a form approved by the Executive Director of the Agency and submitted on paper and electronically. "
§ 25. Article 25 is amended as follows:
" Art. 25. The terms and conditions for carrying out energy efficiency audits and certification of buildings and the conditions for an assessment of energy savings shall be determined by the Minister of Economy, Energy and Tourism and the Minister of Regional Development and Public Works. "
§ 26. in chapter three in the name of the section III after the words "energy efficiency" is added "heating installations".
§ 27. In art. 26 after the words "energy efficiency" is added "heating installations" and the words "installations in buildings" insert "public service."
§ 28. Article 27 is amended as follows:
"Art. 27. (1) On examination under this Act shall be heating systems with boilers with an effective rated output for space heating than 20 kW in public service buildings.

(2) Depending on the installed power and type of energy used in heating systems with boilers subject to mandatory periodic inspection Energy Efficiency once:
1. every four years - for heating systems with boilers using liquid or solid fuel with a unit nominal power of 20 to 50 kW inclusive;
2. Every three years - for heating systems with boilers using liquid or solid fuel with a unit nominal capacity of 50 to 100 kW inclusive; 3
. every two years - for heating systems with boilers using liquid or solid fuel with a unit nominal power more than 100 kW inclusive;
4. every four years - for heating boilers with natural gas with a unit nominal power more than 100 kW inclusive.
(3) The inspection under par. 2 includes:
1. assessment of the status and functioning of the accessible parts of heating installations in buildings, including water boilers, management system and the heat circulator / pump / s;
2. evaluate the efficiency of water boilers; 3
. assessment of the sizing of water boilers in accordance with the heating requirements of the building.
(4) The assessment under par. 3 pt. 3 is not performed if between two checks have been no changes in the heating system or heating requirements of the building.
(5) inspection of heating systems with boilers is performed during the heating period when operating heating systems with boilers.
(6) The first inspection of boilers installed in new buildings is carried out within the scope of energy efficiency audit of the building after its introduction into operation. "
§ 29. Article 28 is amended as follows:
" Art . 28. (1) On examination under this Act shall be and climate installations with a rated power output more than 12 kW in public service buildings.
(2) Climatic installations subject to mandatory periodic inspection Energy Efficiency once every four years, which includes:
1. assessment of the status and functioning of the accessible parts of air-conditioning;
2. evaluate the efficiency of air conditioning; 3
. evaluate the design of air conditioning in accordance with the cooling requirements of the building.
(3) The assessment under par. 2 pt. 3 is not performed if between two checks were not carried out changes in the installation or not modified cooling requirements of the building where the installation operates in cooling mode. "
§ 30. In art . 29 is amended as follows:
1. In para. 1 p. 1 is amended as follows:
"1. heating systems with boilers of art. 27 para. 1; ".
2. In para. 2 words "territorial units under Art. 6 para. 2 "are replaced by" the Agency ".
§ 31. In art. 30 is amended as follows:
1. Paragraph 1 shall be amended as follows:
"(1) For heating systems with boilers with a life expectancy over 15 years for energy efficiency verification includes recommendations to the owner to improve efficiency, replacement of boilers, changes in the heating system, other modifications a heating system and / or other alternatives. "
2. In para. 2 words "assessment of the heating installation" is replaced by "check".
§ 32. In art. 31 be made the following amendments:
1. In para. 1 the word "boilers" are replaced by "heating systems with boilers" and the words "persons of art. 23, para. 1 "is added" and par. 2 ".
2. A par. 3:
"(3) The report under par. 2 shall be provided to the owner or tenant of the building or authorized by the owners of the building face. "
§ 33. A Art. 31a:
"Art. 31a. (1) Persons under Art. 23, para. 1 and 2 and Art. 34, para. 1 submitted to the Agency annually no later than January 31 of the current calendar year, a list of heating systems with boilers and air conditioning systems, which have carried out checks in previous year.
(2) The list under par. 1 is prepared in a form approved by the Executive Director of the Agency and submitted on paper and electronically. "
§ 34. Article 32 is amended as follows:
" Art. 32. The modalities for the inspection of the energy efficiency of heating systems with boilers of art. 27 para. 1 and air-conditioning systems of art. 28, para. 1, the conditions and procedure for the assessment of energy savings, as well as terms and conditions for the creation, maintenance and use of the database of art. 29 are determined by the Minister of Economy, Energy and Tourism. "
§ 35. In art. 33 made the following amendments:
1. In para. 2, second sentence, the word "three" is replaced by "5".
2. Paragraph 3 is amended as follows:
"(3) mandatory inspection under the terms and conditions of the ordinance under par. 8 subject all outdoor lighting - street, park and others. "
3
. A new paragraph. 4:
"(4) The owners of industrial systems under par. 2, which are set individual targets for energy savings required to comply with measures prescribed by the energy audit, which provide energy savings in accordance with their assigned individual goals, not later than January 1, 2016 "|| | 4. Created al. 5, 6 and 7:
"(5) The owners of industrial systems under par. 2, which are not set individual targets for energy savings required to comply with measures prescribed by the energy audit, which provide energy savings equivalent to no less than 50 percent of that found in the audit potential, not less later than January 1, 2016
(6) The owners of industrial systems subject to mandatory inspection under par. 2 submitted to the agency annually by March 31 declaration form to the annual energy consumption in the previous calendar year.
(7) The owner of industrial systems - a person liable under Art. 10, para. 1, p. 3, whose energy consumption during the implementation of its individual target for energy savings reduce under 3,000 MWh annually is required by 31 March of the following calendar year, submit to the agency a declaration form for the annual consumption energy during the preceding calendar year. "
5. Former para. 4 becomes para. 8 and in it the words "energy efficiency of industrial systems" insert "and an assessment for energy savings in industrial systems and / or separate facilities."
§ 36. A Art. 33a:
"Art. 33a. (1) Persons under Art. 34, para. 1 submitted to the Agency each year by 31 January of the current calendar year, a list of industrial systems that have performed audits in the previous year.
(2) The list under par. 1 is prepared in a form approved by the Executive Director of the Agency and submitted on paper and electronically. "
§ 37. Article 34 is amended as follows:
" Art. 34. (1) The study of art. 33 is carried out by persons registered under Art. 34a para. 1 that:
1. traders under the Commerce Act or under the law of a Member - State of the European Union or another country - party to the Agreement on the European Economic Area;
2. have the necessary technical means determined by the ordinance under Art. 23a para. 9; 3
. have the necessary staff - consultants energy efficiency:
a) have completed higher technical education acquired in the Republic of Bulgaria or in another Member - State of the European Union or in another country - party to the Agreement on the European Economic Area or Switzerland;
B) have gained experience of not less than two years - for those with a degree "master", and not less than three years professional experience - for those with a degree "Bachelor ';
C) have passed to acquire the necessary qualifications to carry out energy efficiency audits of industrial systems in accredited higher technical schools under the Higher Education Act or under the legislation of a Member - State of the Union, or other state - party to the Agreement on the European economic Area or Switzerland.
(2) The persons under par. 1, including their staff are not entitled to carry out energy efficiency audits of industrial system when:
1. participated in the design and construction of the industrial system;
2. participants in the operation of the industrial system; 3
. participants in the implementation of energy saving measures in the industrial system.
(3) consultants energy efficiency under par. 1 pt. 3 can participate in teams of no more than two persons under par. 1 pt. 1 and Art. 23, para. 1, p. 1.
(4) The circumstances under par. 1-3, subject to registration, the procedure for registration and for obtaining information from the register shall be determined in accordance with Art. 23a para. 9. "
§ 38. created art. 34a and 34b:
"Art. 34a. (1) The Agency for Sustainable Energy entered in a public register the persons under Art. 34, para. 1 in their written request.
(2) The written request under par. 1 shall apply:
1. documents certifying the circumstances under Art. 34, para. 1 pt. 1 and 3;
2. a statement of the circumstances under Art. 34, para. 1 pt. 2 and par. 2; 3
. Declaration consultant on energy efficiency - a participant in the staff of the trader, the circumstances under Art. 34, para. 3.
(3) The Agency for Sustainable Energy Development issued to persons entered in the register certificates for a fee determined by the tariff under Art. 51.
(4) The Agency for Sustainable Energy Development refused to enter in the register persons who do not meet the requirements of Art. 34, para. 1.

(5) The certificate of registration or motivated written refusal of registration issued by the Executive Director under the terms and conditions provided for in the Administrative Code.
(6) The validity of the certificate under par. 5 is three years.
(7) After the deadline under par. 6 issue a new certificate after the passing of Art. 34, para. 1, p. 3 letter "c".
(8) The refusal of registration may be appealed under the Administrative Procedure Code.
Art. 34b. Agency for Sustainable Energy Development deleted from the register persons who have obtained certificates with a right to conduct energy efficiency audits at:
1. failure of any of the conditions under Art. 34, para. 1;
2. making false declarations under Art. 34, para. 1 pt. 2 para. 2 and 3; 3
. effective penal provision for violation of this law;
4. initiation of bankruptcy or liquidation of the merchant. "
§ 39. In art. 35 words "Art. 33 para. 4 "are replaced by" Art. 33 para. 8 ".
§ 40. In art. 39 make the following additions:
1. In para. 3 pt. 1 and 2 after the words "Art. 23, para. 1 "a comma and added" and 2 ".
2. In para. 4 after the words "energy traders" added "together with the owners of the commercial measurement of delivered energy to end users."
§ 41. In art. 40 is amended as follows:
1. In para. 2:
a) in item. 1 the word "indicative" is deleted;
B) p. 10 the words "Art. 23, para. 4 and art. 34, para. 4 "are replaced by" Art. 23a para. 1 and Art. 34a para. 1 ".
2. In para. 3 pt. 7, the words "boilers and air conditioning systems" are replaced by "heating systems with boilers and air conditioning systems."
§ 42. In art. 41, para. 1, p. 3, after the words "owners" insert "heating systems with hot water."
§ 43. The title of Chapter V is amended as follows: "Mechanisms for enhancing energy efficiency."
§ 44. In Chapter Five title of Section I is amended as follows: "Types of mechanisms."
§ 45. Article 43 is amended as follows:
"Art. 43. (1) To increase energy efficiency may apply schemes and mechanisms, such as:
1. voluntary agreements;
2. contracts with guaranteed results; 3
. the Fund "Energy Efficiency and Renewable Energy Sources";
4. other national or European schemes and support mechanisms.
(2) schemes and mechanisms to promote energy efficiency, introduced under this Act shall be developed and implemented in compliance with the law on state aid. "
§ 46. In art. 45 tons. 1 is repealed.
§ 47. Article 48 is amended as follows:
"Art. 48. (1) performance contracting (ESCO contracts) are subject to the implementation of measures to increase energy efficiency in buildings and / or industrial systems, recovery of investments and the payment of tribute to the contractor remuneration shall be made on behalf of realized energy savings.
(2) Contractors contracts under par. 1 may be end users of energy, and contractors - companies providing energy services. The performers are persons - traders under the Commerce Act or under the laws of the state - member of the European Union or another country - party to the Agreement on the European Economic Area or the Swiss Confederation, with business activity, including performance of services contracts with guaranteed results - ESCO services.
(3) contractors under par. 1 can not perform activities of art. 16, 17 and Art. 33 para. 1 for building or industrial system - subject of the contract. "
§ 48. Article 49 is amended as follows:
" Art. 49. (1) A contract with guaranteed result is concluded following an energy efficiency audit and issued energy performance certificate stating the current status of energy in the building, or following an energy efficiency audit of industrial system - subject to contract.
(2) The contracting authority shall ESCO contract provides the contractor summary of the report of a survey on energy efficiency of the building or industrial system.
(3) performance contracts are concluded in writing and contain:
1. normalized energy consumption found with energy efficiency audits;
2. guaranteed energy savings and procedures for their establishment after execution of the contract; 3
. ways of financing;
4. the manner of payment of remuneration;
5. other clauses.
(4) Contractors of art. 48, para. 2 provide the service, in whole or in part, by its own means and / or a commitment to provide funding from a third party.

(5) Contractors of art. 48, para. 2 bear the financial risk as well as technical and commercial risk for the discharge of contract actions and measures to improve energy efficiency and achieve a guaranteed contract result.
(6) Services in ESCO contracts ensure the achievement of the regulatory requirements in class energy consumption per building - under contract.
(7) buildings - state and / or municipal property, which are subject to a contract under Art. 48, para. 1 in the budgets of the ministries, departments and municipalities plan and provide means for the duration of the contract consistent with the normalized energy costs of these buildings.
(8) terms and procedure for determining the amount of planned under par. 7 funds and terms and conditions for their payment shall be determined by the Minister of Economy, Energy and Tourism and the Minister of Finance. "
§ 49. In art. 51, para. 2, the word "indicative" is deleted.
§ 50. Article 52 is amended as follows:
"Art. 52. (1) Proof of energy savings achieved is performed not earlier than one year after the introduction of measures to improve energy efficiency in energy end-users through:
1. energy efficiency audits of buildings and industrial systems, inspection of heating systems with boilers and air conditioning systems, or
2. applying the methodologies developed in accordance with requirements set by the ordinance under Art. 9, para. 2.
(2) In the cases under par. 1, p. 1 proof of energy savings achieved is carried out by persons under Art. 23, para. 1 and 2 and Art. 34, para. 1, in the cases under par. 1 pt. 2 - and payers.
(3) Verification of the methodologies used to evaluate the effect of different types of implemented measures to increase energy efficiency is carried by the agency.
(4) The conditions and the order form for issuing certificates under Art. 50 are determined in accordance with Art. 9, para. 2. "
§ 51. In art. 53 words "separate law" shall be replaced with "ordinance of the Council of Ministers".
§ 52. created art. 58a and 58b:
"Art. 58a. Bodies of the Fund "Energy Efficiency and Renewable Energy Sources" are:
1. general meeting of donors;
2. Management Board.
Art. 58b. (1) The General Assembly of Donors consists of individuals and legal entities, including non-profit purpose.
(2) Assembly of Contributors:
1. adopt rules for the organization of work and activities of the Fund;
2. elect and dismiss members of the Management Board of the Fund pursuant to Art. 59 para. 1, p. 4; 3
. decide on the termination of the fund;
4. solve other issues within its competence by law. "
§ 53. In art. 59 made the following amendments:
1. Paragraph 6 shall be repealed.
2. Created al. 9 and 10:
"(9) If a member of the board occurs any of the circumstances under par. 8, it is required within 7 days from the occurrence of the fact notify the President of the Management Board.
(10) The General Assembly of donors decided to release a board member at the circumstances under par. 8. "
§ 54. In art. 60, para. 2 pt. 1 the words "Art. 59 para. 5 "are replaced by" Art. 58a pt. 1 ".
§ 55. In art. 63 make the following additions:
1. In item. 2, after the words "Art. 23, para. 1 "is added" and 2 ".
2. A t. 5:
"5. bodies of art. 12 - the presentation of reports on implementation of annual plans. "
§ 56. A Art. 63a:
"Art. 63a. (1) The activity of the persons under Art. 23, para. 1 and 2 includes:
1. validity check of input data of the building used to issue the energy performance certificate, as well as on certificates of results;
2. check entered in the energy performance certificate input data and results, including the prescribed measures to increase energy efficiency; 3
. full verification of the data and the results of the prescribed measures to improve energy efficiency through on-site visit to verify compliance between those in the energy performance certificate data and the certified building;
4. checking for compliance with the requirements of the ordinance under Art. 23a para. 9.
(2) The activity of the persons under Art. 34, para. 1 includes:
1. validity check of input data of the industrial system used to carry out the investigation, and referred to in the report results;
2. validity check of input data and the results of the audit and prescribed measures to improve energy efficiency;
3
. full verification of the data and the results of the prescribed measures to improve energy efficiency through on-site visit to verify compliance among those mentioned in documents from the audit / inspection results and the state of the industrial system / installation;
4. checking for compliance with the requirements of the ordinance under Art. 23a para. 9. "
§ 57. In art. 64 pt. 2, the words "control audits" are replaced by "inspections of audits."
§ 58. In art. 65, para. 1 after the words "Executive Director" insert "the Agency".
§ 59. In art. 66, para. 1 p. 3 be amended as follows:
"3. the verification of audits. "
§ 60. Article 77 is amended as follows:
" Art. 77. (1) the owner of the building under Art. 19, which did not implement the measures prescribed in the report of the energy audit, the term of art. 19, para. 3 shall be fined from 10 000 to 30 000 Levs or a property sanction of 50 000 to 100 000 Levs.
(2) the owner of the industrial system under Art. 33 para. 2, which does not fulfill its obligations under Art. 33 para. 4 or 5 shall be fined from 10 000 to 30 000 Levs or a property sanction of 50 000 to 100 000 Levs. "
§ 61. In art. 78 after the words "Art. 23, para. 1 "is added" and 2 ".
§ 62. Article 79 is amended as follows:
"Art. 79. On the face of art. 23, para. 1 and 2, which did not submit the list of art. 23c par. 1 in accordance with the deadline, shall be fined from 100 to 500 Levs or a property sanction from 1500 to 3000 Levs. "
§ 63. In art. 81 words "Art. 23, para. 2 "are replaced with" Art. 23, para. 5 ".
§ 64. Article 82 is amended as follows:
"Art. 82. (1) the owner of a heating system with hot water boiler of liquid or solid fuels with a rated output of 20 to 100 kW, which does not fulfill its obligation under Art. 27 para. 2 shall be fined from 150 to 200 Levs or a property sanction from 1500 to 2000 Levs.
(2) the owner of a heating system with hot water boiler fuel oil, solid fuel or natural gas with a rated power more than 100 kW who does not fulfill his obligation under Art. 27 para. 2 shall be fined from 1,500 to 2,000 lev or pecuniary penalty from 15 000 to 20 000 Levs.
(3) the owner of the air conditioning system with a rated power of 12 kW, which does not fulfill its obligation under Art. 28, para. 2 shall be fined from 1,500 to 2,000 lev or pecuniary penalty from 15 000 to 20 000 Levs.
(4) the owner of a heating system with hot water boiler of art. 27 para. 1 or air conditioning of art. 28, para. One who does not fulfill his obligation under Art. 29, para. 2 shall be fined from 150 to 200 Levs or a property sanction from 1500 to 2000 Levs.
(5) the owner of a heating system with hot water boiler of art. 27 para. 1 or air conditioning of art. 28, para. One that does not implement the recommendations prescribed in the inspection report energy efficiency within one year after the adoption of the results of the verification shall be fined from 150 to 200 Levs or a property sanction from 500 to 1500 Levs. "
§ 65. In art. 85 words "under the ordinance of art. 9, para. 2 "are deleted.
§ 66. In additional provisions be made the following amendments:
1. In § 1:
a) the item. 1a:
"1a. "Energy Efficiency in Buildings" is providing and maintaining regulatory microclimate parameters in buildings, heat preservation and saving their energy for the needs of buildings with minimal financial costs. "
B) Section 2 is amended as follows:
"2. "Energy saving" is the resulting energy savings determined by measuring and / or estimating consumption of energy as the difference in energy consumed before and after implementation of measures to improve energy efficiency, while ensuring adjustment and normalization for external conditions affecting energy use. "
C) point 4 is amended as follows:
"4. "Energy performance" is an index of the measured amount actually consumed or estimated as necessary for the consumption of energy used to meet the different needs of energy-related regulatory requirements parameters of the building, including heating, water heating, cooling, ventilation and lighting . ';
D) the item. 10a:
"10a. "Final energy consumption" is consumption of energy commodities delivered for energy purposes to manufacturing, mining, construction, transport, households, services including public services, agriculture, forestry and fisheries. "
E) the item. 11:
"11a. "New building" means any newly constructed building, which is put into operation for the first time. "
A) the item. 16:
"16a. "Effective rated output" means the maximum heat output, expressed in kW, for which the manufacturer has specified and guaranteed that achieved during continuous operation under recommended for efficient operation given by the manufacturer. "
G) in Item. 18, the words "and the provision of services" shall be deleted;
H) the item. 19a:

"19a. "Building nearly zero energy" is a building with very high energy performance determined in accordance with established national procedure. The energy requirement of nearly zero or very low value should be produced largely from renewable energy sources, including those located on site or nearby. "
) Point 20 shall be amended as follows:
"20. "Certificate of energy performance of a building" is an official document issued by the consultants in energy efficiency within their jurisdiction in the prescribed form and manner, which includes the energy performance of a building calculated according to the methodology specified in the ordinance under Art. 15, para. 3. ";
K) are created so. 21a - 21e:
"21a. "Certificate of design energy performance of a building" is an official document issued by the consultants in energy efficiency within their jurisdiction in the prescribed form and manner, which includes an assessment of the design energy performance of a building calculated according to the methodology specified in the ordinance under Art. 15, para. 3.
21b. "Schemes to promote energy efficiency" means any instrument, scheme or mechanism that promotes increased energy efficiency.
21c. "Technical building system" is technical equipment for heating, cooling, ventilation, hot water, lighting or for a combination thereof of a building or building unit.
21d. "Cost-optimal levels" have energy characteristics that lead to the lowest cost during the estimated economic life cycle, such as:
a) the lowest cost is determined taking into account investment costs related to energy maintenance costs and operating costs, including energy costs and savings, the category of building concerned, earnings from energy produced and disposal costs, where applicable;
B) the estimated economic life cycle of the remaining estimated economic lifecycle of a building where energy performance requirements are set for the building as a whole or the estimated economic lifecycle of a building element where energy performance requirements are set for building elements.
Energy performance are consistent with the cost-optimal level when the analysis of costs and benefits calculated over the estimated economic life cycle is positive.
21e. "Overhaul" is a renovation of a building that covers over 25 percent of the area of ​​the envelope of the building. "
L) point 23 shall be amended as follows:
" 23. "Energy trader" means any natural or legal person - end supplier, a public provider, trader with a license issued for 'trade in electricity ", heat transmission company, manufacturer and / or dealer of liquid petroleum-based fuels and natural gas, and solid fuels that sells energy to final customers more than the equivalent of 75 GWh per year or whose personnel for the year is more than 10 persons or whose annual turnover and / or annual balance sheet for the previous year exceeds 4 million. lev "
M) are created so. 25 and 26:
"25. "Horizontal" are regulations, tax breaks and other, whose effect is to reduce final energy consumption, as well as information campaigns that promote energy efficiency.
26. "Central heating" or "district cooling" is the distribution of thermal energy in the form of steam, hot water or chilled liquids through a network from a central source of production to multiple buildings or sites to be used for heating or cooling or process. "|| | 2. Paragraph 3 is amended as follows:
"§ 3. This Act introduces the requirements of Directive 2006/32 / EC of the European Parliament and of the Council of 5 April 2006 on energy end-use efficiency and energy services and repealing Directive 93/76 / EEC and Directive 2010/31 / EC of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (OJ, L 153/13 of June 18, 2010). "
§ 67. In the transitional and final provisions be made the following amendments:
1. Paragraph 7 is amended as follows:
"§ 7. Within 5 years of entry into force of this Act shall adopt an ordinance to introduce a market mechanism for increasing energy efficiency through the implementation of energy efficiency activities and measures."
2. In § 11 para. 2 words "Art. 23, para. 4 "are replaced by" Art. 23a para. 1 "and the words" or control investigation "are deleted.
Transitional and Final Provisions

§ 68. In the Law on Local Taxes and Charges (prom. SG. 117 of 1997 .; amend., SG. 71, 83, 105 and 153 in 1998, pcs. 103 of 1999 . No.. 34 and 102 in 2000, pcs. 109 of 2001, pcs. 28, 45, 56 and 119 of 2002, pcs. 84 and 112 of 2003, pcs. 6, 18 36, 70 and 106 of 2004, pcs. 87, 94, 100, 103 and 105 of 2005, pcs. 30, 36 and 105 of 2006, pcs. 55 and 110 of 2007, pcs. 70 and 105 of 2008, pcs. 12, 19, 41 and 95 of 2009, pcs. 98 2010 pcs. 19, 28, 31, 35 and 39 of 2011 .; Decision № 5 Constitutional Court of 2012 - SG. 30 of 2012 .; amend., SG. 53, 54 and 102 of 2012) in art. 24, para. 1 p. 18 and 19 are amended as follows:
"18. buildings placed in service before January 1, 2005 and received certificates of energy class "B", and buildings placed in service before January 1, 1990 and received certificates of energy class "C", issued under the Act energy efficiency and the ordinance of art. 25 of the Law on Energy Efficiency as follows:
a) for a period of seven years - from the year following the year of issuance of the certificate;
B) for a period of 10 years - from the year following the year of issue of the certificate, if applicable and measures for utilization of renewable sources of energy to meet the needs of the building;
19. buildings placed in service after January 1, 1990 and before January 1, 2005 and received certificates of energy class "C", and buildings placed in service before January 1, 1990 and received certificates of energy class "D "issued under the energy efficiency Act and the ordinance of art. 25 of the Law on Energy Efficiency as follows:
a) for a period of three years - from the year following the year of issuance of the certificate;
B) for a period of five years - from the year following the year of issue of the certificate, if applicable and measures for utilization of renewable sources of energy to meet the needs of the building. "
§ 69. In Act concessions (prom. SG. 36 of 2006 .; amend., SG. 53, 65 and 105 of 2006, pcs. 41, 59 and 109 of 2007, pcs. 50, 67 and 102 2008 pcs. 47, 99 and 103 of 2009, pcs. 52 and 54 of 2010, pcs. 50 and 73 of 2011, pcs. 45 and 102 in 2012, pcs. 15 2013) in art. 81 be made the following amendments:
1. In para. 2, first sentence, the word "after" is replaced by "before".
2. In para. 4 finally added "except for concession payments under par. 2 ". 3
. In para. 7 are created item. 4, 5, 6 and 7:
"4. financing activities in the energy efficiency of municipal buildings;
5. financing municipal hospitals with more than 50 percent municipal participation;
6. financing under the operational programs of the European Union;
7. social activities, sports and culture. "
§ 70. In the Law on Spatial Planning (prom. SG. 1 2001 .; amend., SG. 41 and 111 of 2001, pcs. 43 2002 pcs. 20 65 and 107 of 2003, pcs. 36 and 65 of 2004, pcs. 28, 76, 77, 88, 94, 95, 103 and 105 of 2005, pcs. 29, 30, 34, 37 65, 76, 79, 80, 82, 106 and 108 in 2006, pcs. 41, 53 and 61 of 2007, pcs. 33, 43, 54, 69, 98 and 102 of 2008, No. . 6, 17, 19, 80, 92 and 93 of 2009, pcs. 15, 41, 50, 54 and 87 of 2010, pcs. 19, 35, 54 and 80 of 2011, pcs. 29 32, 38, 45, 47, 53, 77, 82 and 99 of 2012, pcs. 15 of 2013) is amended as follows:
1. In art. 142, para. 11 words "Art. 23, para. 4 "are replaced by" Art. 23a para. 1 ".
2. In art. 167, para. 2 pt. 7, the words "letter" b "are replaced by" letter "c".
§ 71. laws for implementation of this law shall be brought in accordance with the opinion within three months of its entry into force.
§ 72. This Act shall enter into force on the day of its promulgation in the "Official Gazette".
The law was adopted by the 41 th National Assembly on February 26, 2013 and was affixed with the official seal of the National Assembly.
Chairman of the National Assembly Tsetska Tsacheva
1971