Law On Stocks Of Oil And Petroleum Products

Original Language Title: Закон за запасите от нефт и нефтопродукти

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Name of the law, law on stocks of oil and petroleum products Named Bill Bill for stocks of oil and petroleum products acceptance date 31/01/2013 number/year Official Gazette 15/2013 Decree No 22

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 stocks of oil and petroleum products, adopted by the National Assembly of the HLI 31 January 2013.

Issued in Sofia on 8 February 2013.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice:

Diana Kovatcheva

LAW

the stocks of oil and petroleum products

Chapter one

GENERAL PROVISIONS

Art. 1. (1) this law governed social relations related to the creation, preservation, renovation, and restoration of emergency stocks of oil and petroleum products and target stocks of petroleum products, as well as bring the necessary procedures to address any serious shortages.

(2) stocks under para. 1 aim to ensure the supply of liquid fuels in case of interference with deliveries or significant disruption of the supply of oil and petroleum products in the country, in the other Member States of the European Union, and/or in accordance with the judgment of the International Energy Agency for the distribution of supplies.

(3) stocks under para. 1 create separate from State reserves and wartime stocks or any other supply of fuels produced in the territory of the country, in accordance with the legislation in force.

Art. 2. (1) in accordance with this law shall create, store, update, use, recover and control emergency stocks of oil and petroleum products, the following categories:

1. automobile petrol;

2. gas oils, jet fuel of type kerosinov and fuel for diesel engines;

3. heavy fuel oil;

4. butane gas.

(2) pursuant to this Act shall create, store, update, use, recover and control the target stocks of petroleum products of the following categories:

1. automobile petrol;

2. gas oils, jet fuel of type kerosinov and fuel for diesel engines.

(3) Target stocks under para. 2 form part of the supplies for emergencies and are created and maintained by the State Agency "State reserve and war". The Council of Ministers shall examine the need for the creation of target stocks.

(4) this Act does not apply to petroleum and petroleum products listed in paragraph 1. 1 which were delivered on the territory of the State in industrial packages of a net weight of 1 kg.

Art. 3. (1) the emergency Stocks of oil and petroleum products and target stocks of petroleum products, which are created and maintained by the State Agency "State reserve and war", are privately owned, financed from the State budget and included in the total amount of stocks under this law. State Agency "State reserve and war" establish and maintain emergency stocks and target stocks of automobile petrol and fuels class c for diesel engines, class.

(2) purchases and compulsory insurance of stocks under para. 1 shall be carried out by the State Agency "State reserve and war", under the conditions and by the procedure of the law on public procurement, and sales are made through approved stock exchanges.

(3) the stock of petroleum products that are supported by the energy enterprises in accordance with art. 85, para. 1 and art. 128 of the Energy Act on their own account, are included in the total amount of stocks under this law.

(4) payers themselves organised and financed for its own account and in his own funds the creation, preservation, renovation and restoration of their designated levels of emergency stocks.

Art. 4. (1) the obligated persons shall draw up and submit to the State Agency "State reserve and war" on a monthly basis to the 15th reference-declaration form for the previous calendar month with information about:

1. the level, status and places to store their reserves for emergencies, created and held by them on the territory of the country as well as in the territory of other Member States of the European Union;

2. the type and quantities of commercial stocks held by them during the preceding calendar month within the territory of the country;

3. the quantities of oil, gas condensate, raw materials for heavy fuel oil refineries and petroleum products under art. 2, al. 1 that during the preceding calendar month are:

a) imported under the import arrangements;

b) delivered to the territory of the State from intra-Community arrivals;

c) produced on the territory of the country.

(2) all Bulgarian and/or foreign natural and legal persons, as well as their branches, which are carried out within the territory of the country during the previous calendar year's production activities, outsourcing of production, import and intra-Community arrivals of petroleum products under art. 2, al. 1 and/or imports and intra-Community arrivals of oil, gas condensate, raw materials for refineries and heavy fuel oil, prepare and submit to the State Agency "State reserve and war" by 15 February each year the reference-declaration form for the previous calendar year with information about:

1. the quantities of oil, gas condensate, raw materials for refineries and heavy fuel oils used in the production of refineries, including a contract for the procurement of production and/or processing;

2. potrebenite produced for their own use, and/or sold for consumption quantities of petroleum products under art. 2, al. 1 and heavy fuel oil;

3. the quantities of petroleum products under art. 2, al. 1 and heavy fuels, commissioned for the manufacture and/or processing, as well as for potrebenite of them and/or sold for consumption;

4. the quantities imported, exported, delivered by intra-Community arrivals, intra-Community dispatches and bunker supplies of petroleum products under art. 2, al. 1;

5. the quantities imported, exported, delivered by intra-Community arrivals, intra-Community dispatches and bunker supplies of oil, gas condensate, feedstock for refineries, heavy fuel oil and diesel oil;

6. the quantities of oil produced by the refineries, they returned and used for their needs;

7. the available quantities of oil, gas condensate, feedstock for refineries, heavy fuel oil, diesel oil and petroleum products under art. 2, al. 1 to 1 January to 31 December of the previous calendar year;

8. the quantities of oil and petroleum products under art. 2, al. 1 intended for the Bulgarian army, to create and/or recovery of State reserves, war, war Department, emergency supplies and target stocks of fuel.

(3) a Customs Agency shall prepare and submit to the State Agency "State reserve and war" information from single administrative documents and the accompanying administrative documents concerning petroleum products referred to in annex b, section 4. 1 "Energy products" shall apply to Regulation (EC) no 1099/2008 of the European Parliament and of the Council of 22 October 2008 on energy statistics (OJ L 304/1 of 14 November 2008), hereinafter referred to as "Commission Regulation (EC) no 1099/2008. The information includes data on the description of petroleum products, their quantity, country of dispatch and of destination and is made available on the codes according to Chapter 27 of the combined nomenclature of the European Union by Commission implementing Regulation (EC) no 1006/2011 from 27 September 2011, amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the common customs tariff (OJ , L 282/1 of 28 October 2011) , hereinafter referred to as the "Commission implementing Regulation (EC) no 1006/2011", as follows:

1. each month to the 15th day of the preceding calendar month the quantities carried out imports and intra-Community arrivals of oil, gas condensate, raw materials for heavy fuel oil refineries and petroleum products under art. 2, al. 1 and for persons who have completed them;

2. by 31 January each year for the preceding calendar year, of the quantities carried out import, export, shipping, and aviation supply, intra-Community arrivals and intra-Community dispatches of oil, gas condensate, feedstock for refineries, heavy fuel oil, diesel oil and petroleum products under art. 2, al. 1 and for persons who have completed them.

(4) the Ministry of economy, energy and Tourism shall draw up and submit to the State Agency "State reserve and war":

1. each month to the 15th day of the preceding calendar month information on stocks of petroleum products by species and quantities that are supported by the energy enterprises in accordance with art. 85, para. 1 and art. 128 of the Energy Act;

2. by 31 January each year details of the types and quantities of petroleum products, which will be maintained during the current calendar year.

(5) National Statistical Institute shall draw up and submit to the State Agency "State reserve and war":

1. each month to the 15th day of the preceding calendar month information on the type and the total quantities of commercial stocks held within the territory of the country;

2. by 31 January each year the quantities of processed oil in the territory of the country, the quantities of petroleum products, including diesel and heavy fuel oil, produced on the territory of the country, the producers, for the type and the total quantities of commercial stocks at 1 January and 31 December of the previous calendar year.


(6) the Ministry of defence shall draw up and submit to the State Agency "State reserve and war" by 31 January each year details of the quantities and types of petroleum products purchased during the previous calendar year for needs of the Ministry of defence, the structures of a direct subordination to the Secretary of Defense and the Bulgarian army, establishing, maintaining and/or recovery of departmental or war for the armed forces of other Member States of the European Union , or of third States or international organisations residing or passing through the territory of the country, as well as for persons who are delivered.

(7) the Ministry of the Interior shall prepare and submit to the State Agency "State reserve and war" by 31 January each year details of the quantities and types of petroleum products purchased during the previous calendar year for creating, maintaining and/or recovery of departmental war, as well as for persons who are delivered.

(8) the information referred to in para. 3-7 comes in paper and electronic format, and when it contains classified information shall be provided in accordance with the law on the protection of classified information.

(9) the territorial directorates of State Agency "State reserve and war" for the purposes of statistical reporting to the European Commission, as well as to carry out the monitoring of availability, be submitted monthly to the 15th information concerning petroleum products stored in the oil actually bases provided for agency management, located in their territorial scope.

Art. 5. (1) the State Agency "State reserve and war" shall draw up and submit monthly statistical report of the European Commission in accordance with its terms and form for:

1. the quantities of emergency stocks stored on the territory of the Republic of Bulgaria, of the last day of each calendar month; the report also includes information about the quantities and types of stocks held on national territory at the expense of other Member States of the European Union, as well as for national emergency stocks stored on the territory of the other Member States of the European Union;

2. the quantities and types of target stocks held on the territory of the Republic of Bulgaria, on the categories of petroleum products as of the last day of each calendar month; the report also includes information on the type and quantity of stocks held on national territory for the benefit of other Member States of the European Union, as well as stored on their territory of the Republic of Bulgaria of target stocks;

3. stored on the territory of the country total quantities commercial stocks, submitted on the basis of the data referred to in art. 4, al. 5, item 1, without including information on the location of stocks and their owners.

(2) Statistical report may not include quantities of stocks of oil and petroleum products which are subject to seizure and/or enforcement, as well as those created by enterprises with open insolvency proceedings or court approved by the rescue plan.

(3) the State Agency "State reserve and war" annually to 25 February draw a sample from the register of emergency stocks by species and quantities as of the last day of the previous calendar year, not including information on the location of the stocks.

(4) in the event that they are not dedicated stocks or their levels constitute less than 30 days guarantee consumption in the country, State Agency "State reserve and war" drawn up annually until 31 January report with an analysis of the measures taken to ensure that in the current year the availability and physical accessibility of emergency stocks. The report shall indicate the provisions, on the basis of which control the use of these stocks in the event of difficulties in the supply or significant disruption of the supply of oil and petroleum products.

(5) at the request of the European Commission, State Agency "State reserve and war" provides, in the period referred to in the request, a copy of:

1. the register of emergency stocks to the omitted information concerning their location;

2. the register of target stocks with omitted information concerning their location;

3. the statistical reports;

4. plan for intervention in emergency situations and related organisational measures.

(6) For more information al. 3 – 5 shall notify the Minister of economy, energy and tourism. The information is provided to the European Commission by order, determined by the Council of Ministers.

(7) the State Agency "State reserve and war" provides monthly of the National Statistical Institute for the purposes of the statistical reporting system in Eurostat within 24-number of current month information on types and quantities of the created and supported stocks under this Act by the State Agency "State reserve and war" during the preceding calendar month within the territory of the country and/or of another Member State of the European Union.

(8) at the request of the Council of Ministers or the Minister of economy, energy and tourism, the President of the State Agency "State reserve and war" provides information on the level and State of emergency stocks and dedicated stocks.

Chapter two

STATE SUPERVISION OVER THE CREATION, PRESERVATION, RENOVATION, AND RESTORATION OF EMERGENCY STOCKS AND DEDICATED STOCKS

Art. 6. (1) the State Agency "State reserve and war", hereinafter referred to as "the Agency", is the central body of the Executive power and perform the functions of a central structure for the management of stocks.

(2) the Agency shall state control on the creation, preservation, renovation, and restoration of stocks under this law in order to ensure the supply of liquid fuels in the cases under art. 1, al. 2.

Art. 7. (1) the Agency shall:

1. organize and control the creation, preservation, renovation, and restoration of stocks of oil and petroleum products under this Act;

2. controls the preservation of the territory of the State of stocks of oil and petroleum products, created to carry out the duties of the other Member States of the European Union;

3. purchased, stored, updated and sold stocks of oil and petroleum products under art. 3, al. 1 and 2;

4. waters records of:

and payers);

b) registered under art. 38 warehouses for the storage of oil and petroleum products;

in) all created and maintained supplies for emergency situations;

d) all created and maintained the target stocks;

5. store in paper and electronic registers;

6. published monthly on the Web site of the agency information on current levels of stocks of oil and petroleum products under this Act;

7. identify and calculate average daily net imports and intra-Community arrivals and srednodnevnoto consumption of petroleum products in the country during the previous calendar year on the basis of the equivalent in oil;

8. calculate the total and individual levels of stocks by species and quantities that must be maintained by payers and by the Agency;

9. publish annually to 10 October information on methods for calculating stock levels, payers need to create up to 30 April of the following calendar year;

10. shall determine the form and procedure for the provision of information under art. 4, al. 1 and 2;

11. carry out documentary checks and/or for the performance of their duties under this Act;

12. carry out checks on documents and on the spot of warehouses, for which an application for registration under art. 38;

13. publish prior information on the categories of products referred to in art. 2 the conditions and quantities of stocks which can undertake to store for the central structure for the management of stocks of other Member States of the European Union;

14. assist the persons authorised by the European Commission to carry out reviews of preparedness for emergencies, a mechanism for the storage, availability and accountability of stocks;

15. carries out interaction with the organs of the European Commission on the occasion of the performance of the obligation to maintain minimum stocks of oil and petroleum products and/or on the occasion of an emergency, as well as the implementation of the judgment of the International Energy Agency for the distribution of stocks;

16. ensure the representation of the country in the forums, discussions and training courses organised by the European Commission and/or by other international organizations in connection with the obligation to maintain minimum stocks of oil and petroleum products;

17. ensure the representation of the country in the activities of the coordination group for oil and petroleum products, composed of representatives of the Member States of the European Union, chaired by the European Commission;

18. shall prepare a draft of a plan for intervention in emergency situations and proposed for adoption by the Council of Ministers;

19. store data, reports and documents relating to emergency stocks and dedicated stocks for a period no shorter than 5 years from the date of their preparation;

20. carries out interaction with central structures for the management of the stocks of the other Member States of the European Union, in connection with activities relating to the delegation of obligations in terms of the management and the maintenance of stocks within the territory of the country as well as in the territory of other Member States of the European Union;

21. monitor for the presence/absence of signs to hinder the supply of oil and petroleum products in the country;


22. conduct competitive selection procedures s″hraniteli warehouses, registered by the procedure of art. 38, for storing stocks set for the Agency when its vascular containers are not sufficient.

(2) the Agency shall carry out its functions in a manner that does not affect the market conditions of oil and petroleum products and of free competition in this market.

Art. 8. (1) the President of the Agency shall supervise the overall activities in the creation, preservation, renovation, and restoration of emergency stocks and dedicated stocks.

(2) the President of the Agency:

1. Approves the methods by which the duties are calculated under this Act;

2. approve the stock levels by categories fuels total for the country;

3. determine individual levels of stocks of the Agency and the payers for each period of storage;

4. approve the General requirements to be met by the warehouses for storing stocks under this Act;

5. registered and deleted the registration of warehouses for the storage of stocks under this Act;

6. approve models of documents under this Act, including the conduct of agency records, and ensure timely updating them;

7. proposes that the Council maintain a minimum amount of targeted stocks of petroleum products;

8. approve the annual plan for the audit activity of the Agency under this Act;

9. issue injunctions and orders to recover to their designated levels of emergency stocks of payers, as well as other acts provided for in this Act;

10. issue orders and orders for recovery of stocks for emergencies and target stocks, created and managed by the Agency;

11. issue orders for the renewal of the stocks, created and held by the Agency;

12. Authorizes actions to move the stocks under this Act;

13. exploring opportunities and, if necessary, propose to the Council the storage of emergency stocks and of targeted stocks managed by the Agency, within the territory of another Member State of the European Union;

14. issue permits to persons liable for creating and saving part of their designated emergency stocks in the territory of other Member States of the European Union, and shall inform the Council of Ministers;

15. a penal provisions for offences under this Act.

(3) the President of the Agency shall issue individual administrative acts under the conditions and pursuant to the administrative code, in so far as this Act does not provide otherwise. The complaint against Act under para. 2, item 3 does not stop its implementation.

(4) the President of the Agency shall issue a decree on the conditions and procedures for the storage of reserves for emergency situations and target stocks in depots, submitted to administration of the Agency, in s″hraniteli on the territory of the State and the territory of the other Member States of the European Union.

(5) the President of the Agency may delegate his powers under para. 2, item 3, 5, 8 – 10 and 15 of the Vice-President of the Agency.

Art. 9. (1) the registration and cancellation of the registration of warehouses for the storage of stocks under this law, as well as the registration of changes in the circumstances relating to registered warehouses shall be carried out by order of the President of the Agency on the basis of a written request of the person concerned.

(2) upon registration of a stock in the warehouses or of changes in circumstances, the President of the Agency shall issue a certificate of registration.

(3) cancellation of the registration of the warehouse shall be carried out on the basis of a written request from s″hranitelâ or, in the cases provided for in this Act.

(4) S″hranitelât is required to return the certificate of registration to the agency within five days of the issuance of an order for registration of a change in circumstances under para. 2, as well as in all cases of cancellation of the registration.

Art. 10. (1) payers and s″hranitelite of stocks under this law and their employees are obligated to assist employees of art. 55, para. 4 in the performance of their assigned by this law, including obligations to provide access to documentation and warehouses for the storage of stocks.

(2) the Ministry of the Interior, the Ministry of finance, the Customs Agency, the National Institute of statistics, the National Revenue Agency, of the State Agency for metrological and technical surveillance and local authorities within their competence are required to assist the employees under art. 55, para. 4 in the performance of their supervisory functions under this Act.

(3) in carrying out the checks by the Agency faces in al. 1 may not refer to industrial or commercial secret.

Art. 11. (1) the documents and information received by the Chairman and the officers of the Agency in the verification or review of emergency preparedness of the country or of another Member State of the European Union, may be used by them only for the purposes of inspection or examination. The information may be made available only at the written request of a public body, where this is provided for by law or at the request of the relevant services of the European Commission. Information on individuals is processed and made available in accordance with the requirements of the data protection act.

(2) the President and the staff of the Agency shall be obliged not to disclose circumstances and facts which have become known to them in or on the occasion of the performance of their duties under this Act, except in the case of received a written request of a public body, where this is provided for by law or at the request of the relevant services of the European Commission.

(3) for the performance of their obligations under paragraph 1. 2 persons sign a declaration form.

(4) officials of the State bodies that receive documents and information under this Act, may use it only for the purposes of the activities of those functions.

Chapter three

CALCULATION AND DETERMINATION OF STOCK LEVELS

Art. 12. (1) the stock levels for emergencies, which are created and maintained by payers and by the Agency, shall be determined by the President of the Agency on an annual basis until March 31 on the basis of the equivalent in oil imports and intra-Community arrivals of petroleum products under art. 2, al. 1 or equivalent in oil consumption in the territory of the country in the preceding calendar year in accordance with annex III of Council directive 2009/119/EC of 14 September 2009 imposing an obligation on Member States to maintain minimum stocks of crude oil and/or petroleum products (OJ L 268/9 of 9 October 2009), hereinafter referred to as the "Council directive 2009/119/EC". By 30 April of the following calendar year, the method selected for determining levels for the year.

(2) the total amount of emergency stocks of oil and petroleum products shall correspond to at least the greater of the two values: 90 days of average daily net imports and intra-Community arrivals, of which 30 days for the Agency, or 61 days single consumption on the territory of the country, of which 20 days for the Agency.

(3) in determining stock levels for emergency situations into account information obtained by the procedure of art. 4, al. 2-7.

(4) in the event that a person within the meaning of art. 4, al. 2 the Agency fails to submit the annual information on activities carried out during the previous calendar year, the President shall fix the level of stocks held for emergencies, it must create and store, on the basis of information provided by State institutions under art. 4, al. 3-7.

(5) in the event of a discrepancy between the information provided by the order of art. 4, al. 2 and the incoming information in accordance with art. 4, al. 3 – 7, the President of the Agency shall notify the person within 7 days to provide further information and evidence necessary for the inspection. For failure to provide additional information and evidence requested the inventory level for emergency situations shall be determined in accordance with para. 4.

(6) in calculating stock levels biofuels and additives shall be taken into consideration only if they are already mixed with the oil.

(7) in calculating stock levels of boiler fuel shall be taken into account and the quantities of heavy fuel oil, which are intended for use as fuel in stationary installations.

Art. 13. (1) the levels of target stocks that are created and maintained by the Agency, shall be calculated on the basis of the equivalent in oil consumption of srednodnevnoto neftoproduktipo art. 2, al. 2 on the territory of the State during the preceding calendar year.

(2) Target stocks may include one or more petroleum products, as referred to in art. 2, al. 2, whose equivalent in oil is equal to at least 75 percent of consumption in the territory of the country during the previous calendar year.

(3) in determining the levels of target stocks shall take into account the information obtained by the procedure of art. 4, al. 2-7.

Art. 14. (1) the average daily net imports and intra-Community arrivals shall be calculated on the basis of the equivalent in oil imports and intra-Community arrivals of petroleum products under art. 2, al. 1 during the previous calendar year.

(2) for the calculation of the average daily net imports and intra-Community arrivals of petroleum products under art. 2, al. 1 take into account the quantities of oil, gas condensate, raw materials for heavy fuel oil refineries and petroleum products under art. 2, al. 1 derived from import and/or intra-Community arrivals in the territory of the country.

(3) in the calculation of the average daily net imports and intra-Community arrivals of petroleum products under art. 2, al. 1, no account shall be taken of quantities:

1. imports and intra-Community arrivals of NAFTA;

2. the bunker supplies of naphtha and petroleum products under art. 2, al. 1 for River and sea-going vessels that leave the territory of the country;


3. export and/or intra-Community dispatches of oil, gas condensate, feedstock for refineries, heavy fuel oil, diesel oil and petroleum products under art. 2, al. 1, including the fuel in the fuel tanks of aircraft and road vehicles which leave the territory of the country;

4. availabilities at 1 January and 31 December of the previous calendar year on oil, gas condensate, raw materials for the refineries, heavy fuels, petroleum products under art. 2, al. 1 and the NAFTA.

(4) the equivalent in oil imports and intra-Community arrivals of petroleum products is obtained by calculating the sum of net imports and intra-Community arrivals of oil, gas condensate and raw materials for the refineries, and the result will be reduced by 4 percent of oil production in relation to the incorporation of the total quantities of raw materials for the refineries, oil-gas condensate and others. In the event that the total quantity of oil produced on national territory is more than 7 per cent of it is deducted NET actual consumption of naphtha or actual production of naphtha. The result in the first sentence shall be multiplied by the coefficient 1, 065 and added to net imports and intra-Community arrivals of petroleum products under art. 2, al. 1.

Art. 15. (1) the Srednodnevnoto consumption of petroleum products in the territory of the country shall be calculated on the basis of the equivalent in oil consumption of petroleum products in the country during the previous calendar year.

(2) for the purposes of calculating the consumption of petroleum products under art. 2, al. 1 and 2 shall take into account:

1. the quantities produced in the country, used for own needs of the manufacturer, or sold for consumption;

2. the quantities resulting from the contract for the award of production and processing, which are used by the contracting authority for their own use or sold by him;

3. the quantities imported under the import arrangements in order for their own consumption needs and/or for sale;

4. the quantities resulting from intra-Community arrivals in order for their own consumption needs and/or for sale;

5. the quantities of imports and intra-Community arrivals, which are available on 1 January of the previous calendar year.

(3) in the calculation of the equivalent in oil consumption of petroleum products under art. 2, al. 1 and 2 on the territory of the country do not take into account the quantities of sales from production, processing, imports, intra-Community arrivals, which, during the preceding calendar year have been designed to:

1. The Ministry of defence, the structures of a direct subordination of the Secretary of Defense and the Bulgarian army or armed forces of other Member States of the European Union, or to third countries or to international organisations residing or passing through the territory of the State in accordance with the Constitution of the Republic of Bulgaria and the laws in force;

2. creating, storing and/or recovery of State reserves and wartime stocks produced by the Agency, as well as the war Department created by the Ministry of defence and the Ministry of the Interior;

3. create, store and/or recovery of stocks for emergencies;

4. create, store and/or recovery of target stocks of petroleum products;

5. the bunker supplies of petroleum products for River and sea-going vessels that leave the territory of the country;

6. export and/or intra-Community dispatches, including the fuel in the fuel tanks of aircraft and road vehicles which leave the territory of the country.

(4) when calculating the equivalent in srednodnevnoto oil consumption of petroleum products under art. 2, al. 1 and 2 on the territory of the country do not take into account the quantities of imports and intra-Community arrivals that are available as at 31 December of the previous calendar year.

(5) in calculating the levels of stocks of boiler fuel shall be taken into account and the quantities of heavy fuel oil, which are intended for use as fuel in stationary installations.

(6) domestic consumption is calculated as the sum of the aggregate real gross domestic supplies of petroleum products, as referred to in art. 2, al. 1 and 2. The equivalent in domestic crude oil consumption is calculated by multiplying by the factor 1, 2.

Art. 16. For the period from 1 January to 31 March of each calendar year and shall remain in force during the preceding calendar year specified single daily mean consumption and net imports and intra-Community arrivals in the territory of the country.

Chapter four

ESTABLISHMENT OF EMERGENCY STOCKS AND DEDICATED STOCKS

Section I

Create emergency stocks

Art. 17. (1) the obligated persons shall annually, by 30 April to bring the levels of their designated emergency stocks in categories of petroleum products in accordance with the specified level of art. 12, al. 1.

(2) the payers are required to store their designated levels of emergency stocks to 30 April of the following calendar year.

(3) the creation of levels is certified:

1. the territory of the country – with stock warrants issued by s″hraniteli holding warehouses, registered under art. 38 – for stocks of payers and the Agency, and for economic operators and central management structures of other Member States of the European Union, and with a contract for storage;

2. within the territory of another Member State of the European Union-with the documents referred to in art. 18, al. (4);

3. petroleum bases, submitted to administration of the Agency, with responsibility for the Agency's stocks Act, and to stock up on central structures for the management of the stocks of the other Member States of the European Union, and with a contract for storage.

(4) in the event that the liable person is created and stored his designated levels of emergency stocks of automobile petrol and fuel for diesel engines, class a, it shall, by 31 October of the calendar year to replace them with the equivalent amount of stocks of automobile gasoline, class c, and fuel for diesel engines, the class is, under the conditions and by the procedure of art. 37.

Art. 18. (1) the obligated persons may in their own name and for its own account to delegate by contract creation and storage of part of their designated levels of stocks for emergencies only:

1. s″hraniteli holding warehouses, registered under art. 38 that have opportunity to provide oil and oil products and/or have available containers for storage of the vascular territory of the country; This law applies to 100 per cent of the individual levels of emergency stocks as a liable person is obliged to submit to the Agency a copy of the warrant at the latest on the working day following the day of its issue, and s″hranitelât is responsible for the quality and quantity of the stocks for which has assumed an obligation to store them;

2. economic operators and/or s″hraniteli, which have the ability to provide oil and oil products and/or have a free storage containers for vascular supply for emergency situations in the territory of other Member States of the European Union; This law applies to 30 per cent of the individual designated levels of stocks of petroleum products and oil categories concerned; any particular delegation is allowed at the request of the person liable, after prior authorisation by the competent authorities of the other Member State of the European Union, on whose territory the stocks are held, and subsequent authorisation by the Agency; the responsibility of economic operators and s″hranitelite for the type, quantity and quality of the measures adopted for storing stocks shall be determined in accordance with the legislation of the Member State of the European Union, and the liable person liable under the relevant national legislation;

3. one or more central management structures of other Member States of the European Union, which previously had expressed readiness to hold such stocks; This law applies to 30 per cent of the individual designated levels of stocks of petroleum products and oil categories concerned; any particular delegation is allowed at the request of the person liable, after prior authorisation by the Agency and the competent authorities of the other Member State of the European Union, on whose territory the stocks are held.

(2) the central management structure of another Member State of the European Union, may in its own name and for its own account in writing to the Agency's delegation of offers storage of part of her designated levels of stocks, provided that she has vascular-free containers for storing stocks under this law. When any two or more suggestions they are considered in the order of their receipt.

(3) any liable person, expressed willingness to hold stocks outside the country, provide to the Agency a written request not later than 20 calendar days before the start of the period for which the approval is sought, including:

1. name, registered office, address as well as phone, fax, address, email address and person for correspondence of the s″hranitelâ, the economic operator and/or the central structure for the management of the stocks of the other Member State of the European Union, which will implement the conservation of stocks;

2. the type and quantity of the stocks;

3. the location of the warehouse where stocks will be stored;

4. the period for which stocks will be stored;

5. the written consent of the Member State concerned and/or created from her central structure for the management of stocks within the territory of which will be kept for the stocks concerned; the statement of agreement includes details of the type and quantity of the stocks and the duration of storage, as well as commitment to submit the monthly information stored on its territory for stocks of the liable person for the duration of the storage.


(4) in the cases referred to in para. 1, 2 and 3 the obligations are considered fulfilled, provided that the person liable is:

1. authorized by the Agency to keep stocks in accordance with the request under para. 1;

2. the Agency provided the original or a certified copy of the contract or other document certifying the storage outside the territory of the State for the entire period for which authorisation has been granted by the Agency; the document must contain: a) the place the type, quantity and quality of stocks;

(b)) date of incorporation;

in the period of storage);

d) insurance of stocks;

e) means of transport for moving to the country – in case of emergencies, as well as the deadline for transfer;

is the authority in the other country) – State of the European Union running control functions on the availability and quality of stocks.

(5) economic operators and other central management structures of the Member States of the European Union, may in its own name and for its own account to delegate of s″hraniteli within the territory of the country store the quantities of stocks specified for creation by the Member State concerned.

(6) the right of a delegation does not give rise to an obligation to the other person to accept the delegated activities without his consent.

(7) conservation of stocks, delegated under paragraph 1. 1 and 5, may not be predelegirano.

(8) any change in the conditions of storage, including an extension of the time limit, shall be considered as a new delegation.

Art. 19. (1) in the event that the Agency does not have enough own vascular tanks, the Council of Ministers with decision may delegate the creation and preservation of its designated emergency stocks of the central structure for the management of stocks of another Member State of the European Union. The delegation is permitted in the event that the conditions for the preservation of the territory of the other country are more favourable than those offered by s″hraniteli on the territory of the country, holding warehouses, registered under art. 38.

(2) the decision on para. 1 is required to adopt on a proposal from the President of the Agency, in consultation with the Minister of economy, energy and tourism. The proposal shall be made after a preliminary study of financial feasibility, the quality of the service offered at the store and the opportunities for temporary provision of the corresponding quantities in the territory of the country.

(3) the obligations for the creation and preservation of stocks for delegation cannot be predelegirani to others.

Art. 20. (1) an economic operator or a central structure for the management of stocks of another Member State of the European Union, expressed its desire to keep stocks on the territory of the Republic of Bulgaria shall submit a request in writing no later than 30 calendar days before the start of the period for which authorization is sought for the storage and maintenance of stocks under this Act, including:

1. name, registered office, address as well as phone, fax, address, email address and person for correspondence to the relevant economic operator and/or the central structure for inventory management, on whose behalf the stocks will be stored on the territory of the country;

2. name, registered office, address as well as phone, fax, address, email address and person for correspondence of s″hranitelâ, which will carry out the conservation of stocks pursuant to this Act;

3. the type and quantity of the stocks;

4. location and other data, individualizing warehouses where stocks will be stored;

5. the period for which stocks will be stored;

6. the written consent from the competent authorities of the Member State of the European Union, on whose behalf the stocks will be held on the territory of the country.

(2) the President of the agency within 14 days from receipt of the request under paragraph 1. 1 issue a written consent to the storage and maintenance of stocks. The refusal of consent subject to appeal pursuant to the administrative code, except in the case of art. 18, al. 2.

(3) in the case of consent for the storage and maintenance of stocks under para. 1, the Agency shall submit a monthly information of the Member State of the European Union, and/or created by it central body for stock management on the vault and supported at its own expense supply within the territory of the country.

Art. 21. (1) the contingency Stocks under art. 2, al. 1 may be maintained in oil or petroleum products into final.

(2) the quantities of stocks of oil and petroleum products shall be accounted for according to their actual tonnage.

(3) the oil is reported on the basis of the production programmes of the refineries of the current year and the manufacturer's yield. This rule shall apply to: 1. up to 40 per cent of the amount of the emergency stocks of petrol, gas oils, jet fuel of type kerosinov and fuel for diesel engines;

2. up to 50 percent of the amount of emergency supplies of heavy fuel oil, including heavy fuel oil;

3. up to 100 percent of the amount of the emergency stocks of butane gas.

(4) the designated levels of emergency stocks of butane gas by 100 per cent to be created and stored in the form of petrol and/or fuels for diesel engines.

(5) emergency Stocks can be maintained in the form of oil only from persons who during the preceding calendar year were carrying imports and/or intra-Community arrivals of oil, feedstock for refineries, gas condensate, as well as by manufacturers or contractors of production of petroleum products. The persons referred to in the first subparagraph shall submit to the Agency a written request no later than 15 April of the current year. Apply to the request processing plan for oil with out time limits for the provision of petroleum products Terminal in case of interference with deliveries or significant disruption of supply. Importers, persons carrying intra-Community arrivals, and the contracting entities of production applied and certified copy of the contract with the oil refinery for processing into final petrochemicals.

(6) persons carrying imports and/or intra-Community arrivals of raw materials for refineries and gas condensate, created and stored their designated levels of emergency stocks entirely in the form of oil.

(7) persons carrying on activities sales from production, import and/or intra-Community arrivals of heavy fuels intended for use in stationary combustion plants create and store their designated levels of emergency stocks entirely in the form of boiler fuel.

(8) the designated levels of emergency stocks of oil are allowed up to 100 per cent to be created and stored in the form of finished petroleum products under art. 2, al. 1 in oil equivalent.

(9) the maintenance of stocks pursuant to para. 3, 4, 5, 6 and 8 are allowed and their amount is determined by the President of the Agency, within 10 days of receipt of the written request under para. 5 of the payers. Permission may be given and later, if there is a good reason for it. The refusal of authorisation subject to appeal pursuant to the administrative code.

Art. 22. (1) in the event that the stock levels for emergency situations have been identified on the basis of srednodnevnoto consumption in the territory of the country, the categories of persons liable shall be determined in accordance with para. 2-5.

(2) any person who manufactured petroleum products during the preceding calendar year under art. 2, al. 1 and heavy fuel oil, is required to create, store, and recover its own means and for its own account for emergency supplies in quantity, in proportion to the potrebenoto of it and/or quantity of petroleum products sold by it during the preceding calendar year to the total consumption in the country.

(3) any person who has v″zlagalo during the previous calendar year's production and processing of petroleum products under art. 2, al. 1 and heavy fuels and used them for their own use and/or had finished petroleum products in the domestic market is required to create, store, and recover its own means and for its own account for emergency supplies in quantity, in proportion to the potrebenoto privately and/or quantity of petroleum products sold by it during the preceding calendar year to the total consumption in the country.

(4) any person who imported petroleum products under art. 2, al. 1 and heavy fuel oil during the preceding calendar year, is required to create, store, and recover its own means and for its own account for emergency supplies in quantity, in proportion to the quantity of imported petroleum products from him for own consumption and/or sale for consumption on the territory of the State in relation to the total amount of petroleum products imported and consumed in their territory during the previous calendar year.

(5) any person who has carried out during the previous calendar year intra-Community arrivals of petroleum products under art. 2, al. 1 and heavy fuel oil, is required to create, store, and recover its own means and for its own account for emergency supplies in quantity, in proportion to the quantities of petroleum products carried out intra-Community arrivals from it for own consumption and/or sale for consumption on the territory of the State in relation to the total amount of petroleum products introduced by intra-Community arrivals and consumed in their territory during the previous calendar year.

Art. 23. (1) in the event that the stock levels for emergency situations have been identified on the basis of average daily net imports and intra-Community arrivals in the territory of the country, the categories of persons liable shall be determined in accordance with para. 2 and 3.


(2) any person who has imported oil, feedstock for refineries, gas condensate, heavy fuel oil and petroleum products under art. 2, al. 1 in the previous calendar year, is required to create, store, and recover its own means and for its own account for emergency supplies in quantity, in proportion to the progress made by it net imports relative to total net imports in the territory of the country during the previous calendar year.

(3) any person who has carried out intra-Community arrivals of oil, feedstock for refineries, gas condensate, heavy fuel oil and petroleum products under art. 2, al. 1 in the previous calendar year, is required to create, store, and recover its own means and for its own account for emergency supplies in quantity, in proportion to the net intra-Community arrivals from it against the total net intra-Community arrivals in the territory of the country during the previous calendar year.

Art. 24. (1) the quantities of supplies for emergencies, ensuring the fulfilment of the obligations under art. 22 or 23, may be the property of the person liable, the economic operator or the main structure for the management of stocks of another Member State of the European Union, and/or are submitted on the loan contract.

(2) contracts for a loan and for storing stocks may not:

1. be provided with a bet on stocks;

2. include clauses impeding the use of stocks in an order issued by the President of the Agency;

3. shall terminate upon interference with deliveries or significant disruption of supply.

(3) reduction of inventory stocks was permissible only when issued an order of use and in accordance with the amounts specified in it.

(4) payers and/or s″hranitelite, which have delivered quantities of oil and petroleum products under contract for the loan of other liable persons, economic operators or the central body for the management of stocks of another Member State of the European Union, may not report these quantities for the performance of their duties under this Act.

(5) in the event that the liable person discontinued their production, processing, importation or intra-Community arrivals of petroleum products during the year in which the obligation is incurred, or in the current year, the obligation to keep the the specified inventory level remains in force until 30 April of the year following the year of the establishment of this level.

(6) any liable person shall be obliged to keep stock for which there are obligations under art. 22 or 23, and dispose of it in accordance on the basis of the issued by the President of the Agency for disposition.

Art. 25. the emergency Stocks may not involve oil and petroleum products:

1. from local deposits, which are not produced;

2. to charge the river and sea-going vessels;

3. present in pipelines, in road tankers and rail tankers and retailers (gas stations);

4. which are held by or available to the armed forces, including wartime stocks;

5. in transit through the territory of the country;

6. which represent the bottom residues;

7. which cannot be withdrawn from warehouses registered under art. 38, using for this purpose the stationary equipment and technologies are either inaccessible or inoperative for other reasons;

8. in tankers, located in the sea.

Section II

Create target stocks

Art. 26. (1) the Target stocks of petroleum products can only be created by the Agency.

(2) the Council of Ministers shall, on a proposal from the President of the Agency, in consultation with the Minister of economy, energy and tourism defines the type and quantity of target stocks, as well as the duration of their maintenance, which may not be less than one year.

(3) the minimum amount of target stocks, calculated as number of days single consumption on the territory of the State, shall apply to all categories of petroleum products.

(4) Target stocks are stored and maintained throughout the period as temporary reductions are allowed only during separate operations in the renewal of the stocks.

(5) If you need to change the look of the stock it is performed from the beginning of the calendar month following the decision of the Council of Ministers for a change.

Art. 27. (1) the decision on a commitment to create targeted stocks, providing at least 30 days consumption in the territory of the country shall be notified to the European Commission.

(2) the communication referred to in paragraph 1. 1 previously agreed with Minister of economy, energy and tourism and sent for publication in the official journal of the European Union. It contains the type and quantities of stocks for which is the commitment to create, as well as the duration of their maintenance.

Art. 28. (1) in the event that the decision for a commitment to create targeted stocks, providing at least 30 days consumption on the territory of the State, provides for the storage period of less than one calendar year, at least one third of the corresponding year levels of stocks must be in the form of finished petroleum products.

(2) in the event that the decision for a commitment to create targeted stocks is for quantities of petroleum products, covering less than 30 days consumption on the territory of the country, the President of the Agency shall draw up an annual report analysing the measures taken to ensure and verify the availability and physical accessibility of emergency stocks. The report shall indicate the provisions adopted in order to ensure control of the use of these stocks in the difficulty of supply or significant disruption of the supply of oil and petroleum products.

(3) the report under para. 2 previously agreed with Minister of economy, energy and tourism and sent to the European Commission by 31 January of the calendar year to which it relates.

Art. 29. In relation to the targeted stocks of the Republic of Bulgaria or of other Member States of the European Union, held on the territory of the State, cannot apply enforcement measures. If necessary, assistance for the smooth transportation of supplies through the territory of the country is carried out by the Ministry of the Interior.

Chapter five

PRESERVATION AND RENOVATION OF EMERGENCY STOCKS AND TARGET STOCKS

Art. 30. (1) the stocks of oil and petroleum products under this law may be stored on the territory of the State in warehouses registered by the Agency in accordance with art. 38, in vascular spaces provided for the management of the Agency, as well as in other vascular of other Member States of the European Union, provided that it has recorded their physical availability and accessibility.

(2) stocks under this Act must be at least insure against the risks referred to in section II (a), point 8 and 9 of annex 1 to the insurance code. The contract for the insurance of stocks other than specified by the insurance code must contain content type and quantity of the insured. The beginning of the period of insurance coverage may not be later than the date of the incorporation of stocks in warehouses registered by the procedure of art. 38, or in warehouses, submitted to administration of the Agency, respectively the end of coverage cannot be earlier than the end date for the conservation of stocks in stock warrants issued for payers or in accordance with the time periods prescribed for the retention of the Agency.

(3) the contract of compulsory insurance of stocks shall be accompanied by a contract of compulsory insurance against civil liability for material and non-material damage caused to third parties as a result of the conservation of stocks in warehouses under art. 38.

(4) When in the contract of insurance under para. 2 and 3 is subject to the deferred payment of the premium payable, the liable person or s″hranitelât is required to provide to the Agency a certified copy of any order, stating the insurer paid the premium, within 5 working days of payment.

(5) Vascular volumes at oil bases, submitted to administration of the Agency, shall insure themselves at the expense of the State budget.

(6) the State Agency "State reserve and war" is bound to have documents proving the payment or provision of excise duties due under the law on excise duties and tax warehouses for the created from her stocks of oil and petroleum products.

(7) S″hranitelite of stocks under this law, holding warehouses, registered under art. 38, are required to have documents proving the payment or provision of excise duties due under the law on excise duties and tax warehouses stored in their stocks of oil and petroleum products.

Art. 31. (1) the conservation of stocks of s″hraniteli within the territory of the country shall be governed by contract and may not be predelegirano to others. The contract for the storage shall obligatorily contain:

1. name, registered office, address and mailing address, phone, fax, email address, and contact person of the s″hranitelâ, the economic operator and/or the central structure for the management of the stocks of the other Member State of the European Union;

2. the period of storage;

3. the type and quantity of the stocks;

4. location and other data, individualizing warehouses where stocks will be stored.

(2) any change in the conditions of storage, including an extension of the time limit, shall be considered as a new delegation.

Art. 32. control on availability, traffic and the status of stocks made by payers or the Agency held in another Member State of the European Union shall be effected under the conditions and in accordance with procedures to be agreed between the competent authorities of the States concerned.


Art. 33. (1) in the event that the target stocks are stored together with other stocks of the petroleum products, the performance of slivonalivni and other operations with them can lead to reducing the quantity of stocks or to their movement.

(2) actions under para. 1 in relation to the stocks held in the territory of the country shall be admitted on the basis of an order of the President of the Agency.

(3) actions under para. 1 in relation to the Agency's reserves, stored in another Member State of the European Union, shall be permitted only after the permission of the President of the Agency, in consultation with the Minister of economy, energy and tourism.

(4) action on al. 1 relative to stocks, owned by another Member State of the European Union, held on the territory of the country shall be admitted only after authorisation of the competent authorities of the Member State concerned and/or created by it central body for stock management.

Art. 34. Each depositary is obliged at all times to hold the stock, which has assumed the obligation to keep, not to dispose of it and releasing it only after the written order of the President of the Agency.

Art. 35. (1) upon acceptance for storage within the territory of the country of oil and petroleum products, representing the stocks under this law, is obliged to issue the s″hranitelât warehouse entry for deposit of oil and finished petroleum products.

(2) a security Warehouse is record of the order, which proves the use of stocks under this law. S″hranitelât issued a warrant for any throughput up to the size of its registered capacity.

(3) warrant issued for quantities stored in a warehouse that is not registered by the procedure of art. 38, is invalid.

(4) the warehouse entry is issued after entry in the register of the warehouse public warehouse on the basis of concluded a written contract for deposit and consists of stock footage and set a record.

(5) the two parts of the warehouse entry under para. 1 must contain in addition to the requisites under art. 577, para. 2 of the commercial code:

1. the name "warehouse entry for deposit of oil and petroleum products";

2. registration number and date of its registration in the register of the warehouses;

3. the number and date of the Declaration of conformity in accordance with the Ordinance on the requirements for the quality of liquid fuels, the terms and the manner of their control (official SG. 66 of 2003; amend., SG. 69 and 78 in 2005, 40/06, 76/2007, no. 93/2009, issue 36 of 2011 No. 55 and 103 of 2012);

4. time limit for keeping the public warehouse stocks under this law listed in the warehouse entry.

(6) the warehouse registers of public warehouses for the storage of oil and petroleum products under this Act shall be kept in the order determined by the Ordinance under art. 574, para. 2 of the commercial code.

(7) in the event that the period of the warehouse entry expires before 30 April of the calendar year following the year in which the specified level of emergency stocks of the liable person on the territory of the State, it shall submit to the Agency a warehouse entry for storage in the same or in another registered under art. 38 for the same stock type and quantity of stocks not later than 14 days before the expiry of the previous warrant.

(8) in the event that the period of the warehouse entry issued to an economic operator and/or central structure for the management of stocks of another Member State of the European Union, expires before the period which is definitely its stock, issuing a new warehouse entry must be previously authorized by the President of the Agency and the competent authorities of the other Member State before the expiry of the previous warrant.

(9) the Warehouse entry, as well as its component parts may not be džirosvani and the quantities of oil and petroleum products, representing supplies for emergencies, may not serve as a guarantee, except in a bet to secure a bank loan for the purchase of petroleum and petroleum products for the creation of the liable person inventory level, as bank credit agreement must be concluded before the deadline in art. 17, al. 1. in the event that it is established bet on stocks for emergencies, they remain in the holding of the liable person, as založniât lender may asks the Court their sale after the expiry of the time limit under art. 17, al. 2. An order for use of stocks for emergencies is executed immediately, regardless of whether the warehouse entry for them was džirosan or stocks serve as collateral for a bank loan.

(10) the Warehouse shall be issued at entry model, validated by the President of the Agency, and is printed in accordance with the terms and conditions for securities printing.

(11) in the event that a natural or legal person loses the capacity of reservoir under this law, it shall return to the Agency nepop″lnenite and the completed warehouse entries within three working days from the date of notification of the cancellation.

(12) in the event that the period of insurance coverage the insurance under this Act expires before 30 April of the calendar year following the year in which the specified level of emergency stocks of the obliged persons s″hranitelât is required to enter into a new contract for insurance and to submit to the Agency a certified copy of the new warehouse entry no later than on the working day following the day of insurance. S″hranitelât has the same obligation and on the stocks held for economic operators or central structure for the management of stocks of another Member State of the European Union, for the entire period for which are laid down their stocks.

Art. 36. (1) payers and s″hranitelite of oil and petroleum products are required to notify the President of the agency within 14 days of:

1. any completed conversion – acquisition, merger, Division or separation, for transactions with the company, as well as in the event of a change of legal form or changes within the management bodies of a legal person;

2. all changes concerning the registered office, registered office, address and correspondence.

(2) S″hranitelite of oil and petroleum products, which have registered warehouses by the procedure of art. 38, are required to notify the Chairman of the Agency for each case of use and download of stocks under this law. The notification shall be made in writing or by electronic means, under the conditions and pursuant to the law on electronic document and electronic signature no later than on the working day following the day of downloading or use.

(3) To the notification for use apply a certified copy of the insurance contract on the amount of fuel with a duration of not less than the period of storage in the warehouse entry.

(4) S″hranitelite are required to notify the President of the agency within three working days for all of them committed dispose of warehouses, which are registered by the procedure of art. 38, including a transaction with the enterprise in which they are included.

(5) payers, economic operators, the central structures for the management of stocks and s″hranitelite cannot move stocks under this Act from a warehouse to another warehouse, registered under art. 38, except:

1. in the case of cancellation of the registration of the warehouse;

2. with the written authorization of the President of the Agency on the basis of a reasoned written request;

3. in the event of a disaster, emergency or other unforeseeable event that can lead to the destruction or damage of oil and petroleum products, for which it shall notify the President of the Agency; for each move is issued a new warrant and shall be notified for use and download of oil and petroleum products in accordance with para. 2.

(6) the Minister of economy, energy and tourism or an official designated by him shall inform the President of the Agency in case of use of stocks of petroleum products by energy companies under art. 85, para. 1 and art. 128 of the Energy Act and to the terms of their recovery. The notification shall be made in writing or by electronic means, under the conditions and pursuant to the law on electronic document and electronic signature no later than two working days after downloading.

Art. 37. (1) the quantities of oil and petroleum products under this Act must comply with the quality requirements of the regulations of the Bulgarian and European standards.

(2) in the event of a change in the requirements for the quality of the stored oil and petroleum products, in the reconstruction after the injunction to use when updating or payers, s″hranitelite and the Agency are required to expend amounts to reach the levels of quality in accordance with the relevant requirements.

(3) payers updated their emergency stocks without violating the levels after consultation with the President of the Agency and prove it with the relevant documents, if necessary, carry out on-the-spot inspection by employees under art. 55, para. 4.

(4) the renewal of the stocks created and held by the Agency, shall be effected in accordance with the time limits for the storage and fuel quality indicators, such as:

1. the quantities stored in depots, submitted to administration of the Agency, issued an order of the President of the Agency;

2. the quantities stored outside the oil bases, submitted to administration of the Agency shall be carried out by the s″hranitelite and is evidenced by appropriate documents.

(5) upon renewal of targeted stocks allowed a temporary reduction in the quantities for a period not exceeding one month.

Art. 38. (1) the registration of the warehouse shall be carried out on the basis of the request for the registration of the warehouse for storage of stocks of oil and petroleum products, paid State fees on tariff approved by the Council of Ministers.

(2) the request for registration of the store in which you can store stocks of oil and petroleum products shall be submitted by the person who wishes to be a depositary, to the President of the Agency and shall be accompanied by:


1. a deed or other document to rights in rem in the warehouse, or notarized lease with a duration of not less than 18 calendar months from the date of filing of the application – in the case that the person who wants to be a eligible warehouse reservoir, on the rental agreement;

2. documents attesting to compliance with the General requirements of the warehouse, in a form approved by the President of the Agency;

3. Declaration on an established model for the presence of the action plans for the Elimination of fires and accidents, agreed with the authorities of the General Directorate for fire safety and protection of the population ";

4. Declaration on an established model for stock available extinguishing agents;

5. report by an established model for professional qualifications and experience of persons who will be working in the warehouse, as well as for the positions of them post;

6. a copy of a favourable decision on an assessment of the environmental impact or the decision not to carry out an assessment of the impact on the environment;

7. Declaration on an established model for the presence of an authorization under art. 104, para. 1 of the law on environmental protection;

8. copy of certificate of registration and certification of the warehouse register of public warehouse conforming to the requirements laid down by the Ordinance under art. 574, para. 2 of the commercial code;

9. a certified copy of the contract of insurance of property inventory for which a request is made for registration under this Act;

10. Declaration on an established model, that the person who desires to be a depositary is not in bankruptcy or winding-up proceedings; the statement contains information about the actual situation in the commercial register on his face and a single identification code;

11. a certificate that the person who will be the depositary, no obligations within the meaning of art. 87, para. 6 of the tax-insurance procedure code;

12. Declaration on an established model of Chairman of Agency of the project, the actual, operational and backup capacity and type of product to be stored;

13. a notarized power of Attorney – in the event that the applicant is an authorized person;

14. flow diagram, on which are indicated the numbers of warehouses and technological obvr″zki among them;

15. a document for paid fee.

(3) Property insurance on warehouse at least provide cover against the risks referred to in section II (a), point 8 and 9 of the insurance code, as the contract for the insurance of the warehouse unless specified by the insurance code content must contain the identification of the warehouse, including his number on the flow diagram of the warehouse. The insurance period may not be less than 18 months with a start date no later than the date of filing of the application for registration. The insurance contract shall be renewed not later than 10 working days prior to the expiry of the insurance cover on it. S″hranitelât is required to provide to the Agency a certified copy of the renewed contract within 5 working days from its conclusion.

(4) When in the contract of insurance of property is subject to a deferred payment of the premium payable, s″hranitelât is required to provide to the Agency a certified copy of any order, stating the insurer paid the premium, within 5 working days of payment.

(5) the documents referred to in para. 2, item 1, 10 and 11 shall be submitted by the owner of the store and – in the case that s″hranitelât is not the owner.

(6) it is not permitted to store, registered for a particular type of product, the storage of another type of product, different from that of registration.

Art. 39. (1) the President of the Agency may, with orders to delete registration under art. 38:

1. If incorrect data are presented, which served as the basis for registration;

2. when the reservoir was declared in liquidation or subject to bankruptcy proceedings have been instituted;

3. where, on examination, it is established that the warehouse does not comply with the General requirements of art. 8, al. 2, item 4 or any other normative act;

4. in the case of other infringements of this law or other regulations governing the storage of petroleum and petroleum products.

(2) the President of the Agency, by order, amend the data entered in the register of data warehouses to changes in the circumstances under art. 38 when they are not in violation of the law. When submitting a request to change the data in the register of the warehouses due State fee in the amount set out in the tariff referred to in art. 38, para. one of the entries and issue a new certificate depending on the nature of the changes.

(3) in the case of cancellation of the registration of the warehouse liable person shall within 30 days of notification by the procedure of art. 61 of the administrative code for the order to put the quantities of stocks for emergencies in another warehouse, registered by the procedure of art. 38.

(4) the order for cancellation of the registration of the warehouse shall be motivated and subject to appeal pursuant to the administrative code, as the complaint did not stop its implementation.

Chapter six

CHECKS ON READINESS FOR EMERGENCIES AND EMERGENCY PROCEDURES

Section I

Checks on preparedness for emergencies

Art. 40. (1) the President of the coordinate time and volume of checks on readiness for emergencies with the European Commission and with authorized representatives of the coordination group for oil and petroleum products, if such are set to participate in the investigation. The President of the Agency shall inform the Council in good time of any imminent inspection.

(2) the President of the Agency shall designate officials, having access to all documents, records and places to store stocks to provide assistance to check.

(3) within 7 days from the announcement of the inspection, the President of the Agency shall submit to the European Commission or of the authorised officials of her whereabouts of emergency stocks and dedicated stocks.

(4) the Agency's staff, payers and s″hranitelite are required to provide access to reviewers to all documents, records created and stored under this law, as well as to the conservation of stocks.

(5) the persons referred to in para. 2 when carrying out checks shall take the necessary measures to protect the personal data of the individuals and are required not to disclose circumstances and facts constituting a trade secret which has come to their knowledge in or on the occasion of checks.

Section II

Emergency procedures and use of stocks

Art. 41. (1) stocks under this law shall enjoy:

1. in the case of interference with deliveries or significant disruption of supply in the country;

2. on the recommendation of the European Commission in connection with interference with deliveries or significant disruption of supply in one or more Member States of the European Union, or in connection with the judgment of the International Energy Agency for the distribution of stocks;

3. the crisis of local character.

(2) stocks under this Act may not be used before the holding of the consultations referred to in art. 44, para. 3, except in the cases referred to in para. 1, item 3.

Art. 42. (1) the President of the Agency, in consultation with the Minister of economy, energy and tourism offers for approval by the Council of Ministers of a plan for intervention in emergencies, hereinafter referred to as the "plan for action".

(2) the plan for the intervention be enforced upon each instance of interference with deliveries or significant disruption of the supply of oil and petroleum products in the country or in another Member State of the European Union, in the judgment of the International Energy Agency for the distribution of stocks or a decision of the Council of Ministers in crisis from the local character.

Art. 43. In the event of an emergency under art. 42, para. 2 the President of the Agency may require that for a certain period of time a daily written information by:

1. payers about the current state of:

a) their imports and intra-Community arrivals of oil, heavy fuel and petroleum products under art. 2, al. 1;

b) heavy fuel oil and petroleum products produced under art. 2, al. 1;

in) on the national market realized quantities of fuels under letters "a" and "b";

2. the Customs Agency of the quantities of oil, heavy fuel oil and petroleum products under art. 2, al. 1 entering the territory of the country of importation and intra-Community arrivals;

3. The National Revenue Agency on the national market quantities of heavy fuel and petroleum products under art. 2, al. 1. Art. 44. (1) the discovery of signs of interference or a significant interruption in the supply of oil and petroleum products in the country, the President of the Agency, in consultation with the Minister of economy, energy and Tourism shall inform the Council of Ministers.

(2) the Minister of economy, energy and tourism makes a request to the European Commission for the convening of consultations in the framework of the coordination group for oil and petroleum products.

(3) participate in the consultations, the President of the Agency and/or any other officer of the Agency, set for representing Republic of Bulgaria in the coordination group for oil and petroleum products. Consultations may be held at a place designated by the European Commission, and/or electronically.

(4) the results of consultations the President of the Agency shall notify the Minister of economy, energy and tourism, which shall report to the Council of Ministers, and, if necessary, proposes to adopt a decision:

1. introducing restrictions on the consumption of petroleum products in the country;

2. the allocation of stocks under this Act in accordance with the calculations, in agreement with the President of the deficiency;

3. give priority to the distribution of petroleum products to certain groups of users, in agreement with the President of the Agency.


Art. 45. The Council of Ministers shall, on a proposal from the Minister of economy, energy and tourism may decide on measures to be taken under art. 44, para. 4, including the reduction of stocks below the set level, and before the conclusion of the consultations to the coordinating group for oil and petroleum products in particular emergencies or to deal with the crisis of local nature, which shall immediately inform the European Commission.

Art. 46. (1) in the event of an emergency situation within the European Union, on a recommendation from the European Commission and/or in the judgment of the International Energy Agency for the distribution of supplies, including the introduction of additional measures to curb consumption, the President of the Agency shall immediately notify the Minister of economy, energy and tourism, which shall without delay propose to the Council to adopt a decision.

(2) upon a recommendation from the European Commission and/or in the judgment of the International Energy Agency for the distribution of stocks shall be prohibited implementation of measures preventing the transfer and transport of targeted stocks and/or emergency stocks that are owned by other Member States of the European Union. For such stocks shall take all measures for the unhindered transportation through the territory of the country and the border crossing points of the Republic of Bulgaria.

(3) in the case of a request for the transportation of emergency supplies and/or target stocks – owned by the other Member States of the European Union, the Agency interacts with their competent authorities regarding the quantities, types of stock and transport, which will be powered transport through the territory of the State to border posts of the Republic of Bulgaria.

(4) the Agency shall provide the information referred to in para. 3 the Ministry of transport, information technology and communications, the Ministry of the Interior and the Customs Agency for acting on the smooth transportation of supplies to the border crossing points of the Republic of Bulgaria.

Art. 47. The European Commission shall be informed in writing without delay, in all cases of use of stocks. Notification shall be made in the order set by the Council of Ministers, includes information on:

1. the reasons necessitated the use;

2. the date on which stocks have been reduced below the levels;

3. the measures shall provide for the recovery of the stock to the levels attained before the order of use.

Art. 48. (1) The decision of the Council of Ministers for the allocation of stocks to use the President of the Agency shall issue a general and individual arrangements for the use of the emergency stocks of payers and/or orders for use of the stocks managed by the Agency.

(2) in order to use the reserves for emergencies and/or with the order of use of the stocks of the Agency temporarily reducing their quantities below the set levels.

(3) the Instructions of use are binding on all persons liable and s″hraniteli. When the order includes stocks held in the territory of other Member States of the European Union, the President of the Agency shall send copies thereof to the economic operators concerned and/or the central structures for the management of stocks.

(4) the order for use of stocks for emergencies is an administrative act, which in addition to the requisites in the administrative code also includes the quantity of oil and/or the amount and type of petroleum products for which it is issued, and the term of the grant. The disposal is not subject to appeal, shall enter into force from the date of issue and shall be subject to immediate execution.

(5) the implementation of the provisions for the use of reserves for emergency situations is controlled by officials under art. 55 the documents and/or on site.

Art. 49. in the event of a change of circumstances the President of the Agency, in consultation with the Minister of economy, energy and tourism may revoke or amend the orders and the order of use.

Art. 50. The stocks of oil and petroleum products produced and stored under this law shall be used in the following order:

1. supplies for emergencies, created and stored by payers;

2. supplies for emergencies, created and held by the Agency after the depletion of the stocks referred to in paragraph 1;

3. target stocks.

Art. 51. (1) the emergency Stocks of payers benefit in accordance with the order of the President of the Agency under art. 48.

(2) Taxable persons shall:

1. immediately take actions for the use of all the types and quantities of the order;

2. to organize the transport and supply of the internal market of the stocks;

3. to certify to the Agency with the relevant documents the actions referred to in paragraphs 1 and 2 within three working days of their adoption.

(3) supplies, created and held by the payers are sold wholesale or final customers of market principle.

Art. 52. the liable person, which does not fulfil its obligation under art. 51, para. 2, item 1, due to the compensation Agency, representing the equivalent of the stocks for which no action is taken for use. The allowance is calculated at market prices on the date of issue of the order.

Section III

The recovery of the stock

Art. 53. (1) upon normalization of supplies of oil and petroleum products under art. 2, al. 1 in the country and/or on the recommendation of the President of the European Commission, the Agency shall issue a general and individual arrangements for the recovery of the amounts allocated for the use of contingency stocks of payers to their designated levels. Recovery orders shall be binding on all persons liable.

(2) the order for the recovery of the stock of emergency situations is an administrative act, which in addition to the requisites in the administrative code also includes the quantity of oil and/or the amount and type of petroleum products for which it is issued, and the final deadline for reaching their designated levels.

(3) the implementation of recovery orders to their designated levels of supplies for emergency situations is controlled by officials under art. 55 the documents and/or on site.

(4) the refund granted for use of the stocks managed by the Agency, shall be effected by decision of the Council of Ministers, on the basis of an order issued by the President of the Agency.

(5) the Agency shall inform the President of the European Commission to issue injunctions and orders to rebuild the stocks, as well as for their implementation.

Art. 54. the liable person, who fails to comply with an order for the recovery of the stock to their designated levels, due to the compensation Agency, representing the equivalent of unrecovered amounts of petroleum products. The allowance is calculated at market prices on the date of issue of the order.

Chapter seven

CONTROL OVER THE CREATION, PRESERVATION, RENOVATION, AND RESTORATION OF STOCKS OF OIL AND PETROLEUM PRODUCTS

Art. 55. (1) the President of the Agency control the payers and s″hranitelite of oil and petroleum products, owning registered warehouses under art. 38, on the performance of their duties on the creation, preservation, renovation, and restoration of stocks under this law.

(2) the President of the Agency shall supervise the storage of the territory of the State of the stocks of economic operators and central management structures of other Member States of the European Union, under conditions and in accordance with procedures agreed with the competent authorities of the States concerned.

(3) the President of the Agency shall supervise the storage in other Member States of the European Union, the stocks of the Agency and the payers under the conditions and in accordance with procedures agreed with the competent authorities of the States concerned.

(4) in the exercise of supervisory functions, the President of the Agency shall be assisted by the employees of the Agency, as defined by his orders.

Art. 56. (1) in the performance of supervisory functions on the territory of the State employees under art. 55, para. 4 have the right:

1. free access to the sites, where stocks are stored under this Act, including in the tax warehouse within the meaning of the law on excise duties and tax warehouses;

2. require documents, data, information, reports, and other storage media of the controlled entities;

3. to examine the accountability of the controlled objects;

4. to carry out the statutory act on the securing of evidence, including the sealed warehouses in which are stored or to be stored;

5. to carry out cross-checks;

6. to require from third parties with information and documents necessary to carry out cross-checks;

7. to demand written explanations from the persons;

8. to use the experts to conclude a contract for the procurement of expertise;

9. to issue mandatory prescriptions and to monitor their implementation.

(2) in the exercise of its powers the officers referred to in art. 55, para. 4 interact with relevant bodies of the Customs Agency and the National Revenue Agency under conditions and by an order determined by instruction of the Minister of finance and the President of the Agency. If necessary, you can solicit experts and specialists from other State bodies, as well as to carry out liaison with the competent authorities of the other Member States of the European Union.

(3) the authorities of the Ministry of Internal Affairs shall assist the employees under art. 55, para. 4 in the exercise of their supervisory functions, including search and delivery of documents to the legal representatives of the parties. The cooperation is carried out under conditions and by an order determined by instruction of the Minister of Interior and Chairman of the Agency.


(4) in carrying out an inspection at the written request of the President of the Agency the relevant State authorities are obliged to provide data on the entered the territory of the country by way of importation or intra-Community arrivals of quantities of oil and petroleum products, the volume and nature of the sales made by the inspected person, and any other information necessary for determining the obligations of the inspected person.

(5) the checks shall be appointed and carry out in the order specified by an Ordinance of the President of the Agency.

Art. 57. (1) in carrying out the inspection employees under art. 55, para. 4 may take measures to secure evidence by performing an inventory of tangible assets and values or by seizure with an inventory of the documents and other storage media. In cases where there are no other options to ensure they can be temporarily sealed warehouses, workshops, and other sites related to the activity for a period of up to 24 hours, and with the written authorization of the President of the Agency – up to 72 hours.

(2) For sealing under para. 1 shall be drawn up, indicating the date and time of carrying out of actions specific actions on the sealing, the factual and legal basis for the implementation of the measure, the period of its application, as well as before which authority and within what period it can be appealed. A copy of the record shall be provided to the inspected person.

(3) Measures can be appealed within three days to the President of the Agency, which shall take a decision no later than the day following the day of receipt of the complaint. The President may confirm, amend or repeal the measures in question and of the time limits to which the complainant shall be notified on the same day.

(4) the decision of the President of the Agency may appeal within 7 days before the Supreme Administrative Court as the appeal does not suspend the implementation of measures, unless the court orders otherwise. The Court shall decide in closed session within 14 days with a definition which is not subject to appeal.

Art. 58. The results of the checks shall be made finding. When the findings contain data breach under this Act, an officer designated by the order of art. 55, para. 4, draw up an act to establish an administrative violation.

Art. 59. (1) the Act for establishment of administrative violation shall be drawn up in writing within 14 days of the completion of the verification procedure of the law for the administrative offences and sanctions and must contain:

1. name and title of the author;

2. the number and date of the compiling of the Act;

3. data on the inspected person;

4. the factual and legal grounds for the issue of the Act;

5. date or period of the infringement;

6. a description of the offence and the circumstances under which it was committed;

7. the legislative provisions which have been infringed;

8. explanations or objections of the offender, if made available;

9. inventory of the attached evidence and seized documents and belongings;

10. signature of the person keeping the Act;

11. the names and exact addresses of the witnesses, their single civil number;

12. date of receipt of the instrument and the signature of the person who received it;

13. information on material damage suffered by the infringement.

(2) the factual and legal grounds under para. 1, item 4 are the motives of the Act establishing the infringement.

(3) a copy of the Act to establish the infringement shall be given to the offender by the order of the law for the administrative offences and sanctions.

(4) data collected in the course of the examination of evidence are an integral part of the Act for establishment of the infringement. The originals of documentary evidence shall apply to copies of the Act establishing the infringement intended for the Agency, and the copies thereof shall apply to the copies intended for the inspected person.

(5) When the offender is not present for the drawing up of an act for the establishment of the infringement, the Act shall be made in his absence and sent for service by the authorities of the municipality or mayoralty that are obliged to inform the offender against receipt to act and deposited within 14 days from the date of its receipt and present it to him. In default of the offender Act is signed by the authorised official of the municipality Mayor or City Hall and not be served.

(6) in the event that the offender could not be reached at the above address, the Act establishing administrative infringement goes back to the Agency, not specifying the circumstances due to which the offender is not found.

(7) After the return of the Act, the President or the Vice-President of the Agency shall issue a decree which penal, shall enter into force on the day of issue and shall be served by the order of the law for the administrative offences and sanctions.

Chapter eight

ADMINISTRATIVE PENAL PROVISIONS

Art. 60. Who does not submit information under art. 4, al. 2 or provide false, inaccurate or incomplete information, shall be punished with fine and of sole traders and legal persons having proprietary sanction from 2000 to 10000 EUR

Art. 61. (1) Who does not submit information under art. 4, al. 1, art. 36, para. 1 – 4 or provide false, inaccurate or incomplete information, shall be punished with fine and of sole traders and legal persons having a proprietary sanction from 1000 to 10 000 BGN. Where the infringement was committed, the punishment is a fine, penalty payment accordingly in size from 2,000 to 10,000 BGN.

(2) the liable person, which does not comply with its obligations under art. 43, paragraph 1 or provide false, inaccurate or incomplete information, shall be punished with fine and of sole traders and legal persons having a proprietary sanction from 500 to 5000 EUR Where the infringement was committed, the punishment is a fine, penalty payment accordingly in size from 1000 to 5000 EUR

Art. 62. (1) the liable person, which does not comply with its obligations under art. 17, al. 1 and 2, art. 24, para. 4 and 6 and art. 39, para. 3, is punishable by a fine, and the sole traders and legal persons shall receive financial penalties representing double the amount of the value of the stock at market prices at the date on which the infringement is established.

(2) a person who, as the legal representative of the legal person has rendered possible the Commission of committing offence under subsection. 1, is punishable by a fine of 500 to 5000 EUR

Art. 63. Who violates the provisions of art. 24, para. 2, item 3 and para. 3, art. 30, para. 1 and 2 and art. 35, para. 9, is punishable by a fine, and the sole traders and legal persons shall receive financial penalties representing from 15 000 to 150 000 LEVs.

Art. 64. (1) a Depositary, which violates the provisions of art. 34, is punishable by a fine, and the sole traders and legal persons having penalty payment of 20 000 to 200 000.

(2) the Depositary who subdelegate conservation of stocks that have been delegated by the procedure of art. 18, al. 1 and 5, shall be punished with fine and of sole traders and legal persons having penalty payment of 20 000 to 200 000.

(3) Reservoir, which does not comply with or allow to be met obligations under art. 35, para. 1 and art. 38, para. 6, shall be punished with fine or with a proprietary sanction from 500 to 1000 EUR

Art. 65. Who violates the provisions of art. 33, para. 1 and 2 is punishable by a fine, and the sole traders and legal persons having a proprietary sanction from 10 000 to 150 000 LEVs.

Art. 66. Who does not fulfill or allow to be fulfilled the obligation under art. 37, para. 1 and 2 is punishable by a fine, and the sole traders and legal persons shall receive financial penalties representing from 15 000 to 150 000 LEVs.

Art. 67. Who does not fulfil the obligations referred to in art. 35, para. 7 and 11 shall be punishable by a fine of 500 to 5000 BGN, and for sole traders and legal persons having a proprietary sanction from 1000 to 10 000 BGN.

Art. 68. (1) that does not meet its obligations under art. 9, para. 4 and art. 37, para. 3, is punishable by a fine of 500 to 2000 BGN, and for sole traders and legal persons having a proprietary sanction from 1000 to 5000 LEVs, unless subject to a more severe punishment.

(2) the liable person, who is not the applicant e written request for maintenance of the stocks under art. 21, para. 3, 4, 5, 6, 8 or whatever that is refused, establish and maintain inventories, is punishable by a fine of 500 to 2000 BGN, and for sole traders and legal persons having a proprietary sanction from 5000 to 1000 EUR

Art. 69. (1) who does not assist in the inspection, obstruct its implementation, do not perform the compulsory requirements of employees under art. 55, para. 4, written instructions of the President of the agency or prevent such acts, is punishable by a fine from 500 to 15 000 LV.

(2) in the event of a repeated breach in the Al. 1 the penalty is a fine of 1000 to 30 000.

Art. 70. the liable person or reservoir that does not meet its obligations under art. 35, para. 12 and art. 36, para. 5, is punishable by a fine of 500 to 5000 BGN, and for sole traders and legal persons having a proprietary sanction from 1000 to 10 000 BGN.

Art. 71. Experts who have not committed the expertise within contract period and this has led to an extension of the time limit for completion of the examination is punishable by a fine of up to $ 5000.

Art. 72. (1) an employee of the Agency, which disclose, provide, publish, use or otherwise distribute data and circumstances, representing industrial or commercial secret of the liable person or if the reservoir is not subject to more severe punishment, is punishable by a fine of 1000 to 2000 BGN. and depriving themselves of the right to perform the control functions under this Act for a period of one calendar year.

(2) an employee of the Agency, which in the presence of sufficient data for misconduct under this Act does not draw up a statement or not compile an act to establish an administrative offence is punishable by a fine from 500 to 3000 BGN.

Art. 73. (1) a person who fails to fulfil its obligations under this Act or allow you not to be fulfilled, except in the cases under art. 60-72, is punishable by a fine of 500 to 5000 BGN, and for sole traders and legal persons having a proprietary sanction from 1000 to 10 000 LEVs, unless subject to a more severe punishment.


(2) For any subsequent administrative-penal proceedings instituted under para. 1 a fine or pecuniary penalty is from 2000 to 20000 EUR

Art. 74. (1) the establishment of violations, the issue, the appeal and the implementation of the penal provisions shall be carried out in accordance with the law for the administrative offences and sanctions.

(2) the acts for the establishment of administrative offences shall be drawn up by employees under art. 55, para. 4, and the penal provisions shall be issued by the President of the Agency.

ADDITIONAL PROVISIONS

§ 1. Within the meaning of this law:

1. "signs of interference with deliveries" are present when within two consecutive months receive a reduction of 20 per cent of the overall level of supply in the country of oil and petroleum products compared to the same period during the previous calendar year.

2. the "interference with the supply of oil and petroleum products" means any difficulty, even temporary, leading to a significant reduction in the supply of oil and petroleum products or to substantially raise their price on the world market, which could cause serious disturbances in the economic and business activity of the country and/or of another Member State of the European Union.

3. "significant supply disruption" is essential and a sudden decrease in the supply of oil and petroleum products to the European Union or for an individual Member State of the European Union, whether it has led to the adoption of a decision by the International Energy Agency for the distribution of supplies for use.

4. "crises of local character" are situations which may lead to the temporary suspension of the supply of oil and petroleum products resulting from extraordinary events on the territory of the country, including as a result of temporary technical and other difficulties, the satisfaction of which will not be significantly affected the total stocks of oil and petroleum products and on restoring their statutory minimum. Local nature of crises do not include situations arising from changes in the prices of oil and petroleum products.

5. "Consumption on the territory of the country" are the total quantities of oil and petroleum products, calculated by a method approved by the President of the Agency, delivered within the country for energy and other uses. This item includes supplies for industry, transport, households and other municipal needs, as well as for their own use.

6. "producer of petroleum products" is local or foreign natural or legal person, as well as its branches, which are produced on their territory during the preceding calendar year heavy fuels and petroleum products listed in article 1. 2, al. 1, and are used for their own account and/or have made end petroleum products on the national market.

7. "developer of production of petroleum products" is local or foreign natural or legal person, as well as its branches that are assigned during the previous calendar year's production and processing in the territory of the country of heavy fuels and petroleum products under art. 2, al. 1 and are used for their own account and/or have made end petroleum products on the national market.

8. ' importer of oil and petroleum products "is local or foreign natural or legal person, as well as its branches, which were carrying imports within the territory of the country during the previous calendar year on oil, gas condensate, raw materials for heavy fuel oil refineries and petroleum products listed in article 1. 2, al. 1. the 9. "A person carried out intra-Community arrivals of oil and petroleum products" is local or foreign natural or legal person, as well as its branches, which were carrying intra-Community arrivals on the territory of the State during the preceding calendar year on oil, gas condensate, raw materials for heavy fuel oil refineries and petroleum products listed in article 1. 2, al. 1.

10. "economic operator" means a person who is required to establish and keep emergency stocks of oil and petroleum products to meet the requirements of Council directive 2009/119/EC of another Member State of the European Union.

11. "liable person" is the economic operator who, by virtue of art. 22, para. 2-5 or art. 23, para. 2 and 3 is required to create, store, and recover its own means and for its own emergency stocks of oil and petroleum products as part of the total amount of stocks for emergency situations of the Republic of Bulgaria.

12. Depositary is a legal or natural person registered warehouse by the procedure of art. 38 on the territory of the country and/or has the necessary competence to carry out the conservation of oil and petroleum products in other Member States of the European Union.

13. "Supplement" is a chemical substance other than hydrocarbons, which is added to a product in order to change and improve its properties and/or receipt of the finished product.

14. "biofuels" means liquid or gaseous fuels used for transport and produced from biomass, such as "biomass" is a part of biorazgradimata products, waste and residues from agriculture including substances of plant and animal origin, forestry and related sectors, as well as biorazgradimata part of industrial and household waste.

15. "intra-Community arrivals" are supplies of oil and petroleum products, representing arrivals within the meaning of art. 3 (3) of Regulation (EC) no 638/2004 of the European Parliament and of the Council of 31 March 2004 on Community statistics relating to the trading of goods between Member States and repealing Council Regulation (EEC) No 3330/91, hereinafter referred to as "Commission Regulation (EC) no 638/2004".

16. "intra-Community dispatches are supplies of oil and petroleum products, representing payments within the meaning of art. 3 (2) of Regulation (EC) no 638/2004.

17. "store" means any separate stationary tank and adjacent infrastructure and facilities designed for the storage of petroleum and petroleum products Terminal, no pipeline, tank, aircraft, road and river transport vessels, road and railway tanker and tanker of retailers (petrol station).

18. "Physical accessibility" are the rules for the deployment and management of stocks to ensure their grant of use or actual delivery to end users and markets on terms and in terms that reduce potential problems in supply.

19. "Creation of stocks of oil and petroleum products" is the activity of their purchase, delivery, acceptance for storage in accordance with the requirements of this Act or a provision in the loan agreement and/or contract for deposit with the aim of reaching a specified level in accordance with art. 17, al. 1.

20. "storage of stocks of oil and petroleum products" is an activity on their maintenance in the appropriate quantity and quality, under appropriate technological conditions and in a State of continuous readiness for use.

21. "update on the stocks of oil and petroleum products" is an activity of substitution in the quantity and quality of stocks under this Act before the expiry of their retention or in compliance with the requirements of the regulations and quality standards, without prejudice to specified levels, except in the cases under art. 37, para. 5.

22. "the recovery of the stocks of oil and petroleum products" is the activity of their purchase, delivery, acceptance for storage or provide a loan contract and/or account in order to reach the specified level in accordance with art. 17, al. 1 after their use by the order of art. 46-51.

23. "the use of stocks of oil and petroleum products" is an activity of the liable person, reservoir or to the Agency, with which the territory of the country are used as intended stocks of oil and petroleum products, changing their status or performed regulatory deal with them for the benefit of third parties.

24. ' emergency Stocks ' means stocks of oil and petroleum products, which the Republic of Bulgaria shall establish and keep under this Act.

25. "target stocks are stocks of finished petroleum products, which are privately owned, financed from the State budget and are in quantities and types of fixed by decision of the Council of Ministers.

26. ' commercial stocks ' means stocks of oil and petroleum products held by payers to ensure continuity and ritmičnostta of the commercial process, as these stocks are separate from emergency stocks.

27. the central management structure "is the authority or body of the Member State of the European Union, of which they are empowered to purchase, maintain and/or sale of stocks of oil and petroleum products, including supplies for emergencies and target stocks.

28. "Delegation" is the action of the person having responsibilities for creating and storing inventory under this Act, with which it instructs another person store part or all of the stocks that have been defined.

29. "international marine bunkers ' means the bunkers annex a, section 2.1 of Regulation (EC) no 1099/2008.

30. "average daily net imports and intra-Community arrivals" are quantities of oil, gas condensate, raw materials for petrochemicals, refineries and calculated by a method approved by the President of the Agency, delivered on the territory of the country of import or intra-Community arrivals.

31. the "Yield" is the percentage or part of final petrochemicals, which are received by a specified quantity of raw materials used.

32. "oil" is a concept within the meaning of the definition of crude oil referred to in annex b, section 4.1 "energy products to which it applies", point 1 to Commission Regulation (EC) no 1099/2008.

33. "gas condensate" is a concept within the meaning of the definition of TPG, referred to in annex b, section 4. 1 "energy products to which it applies, paragraph 2 of Regulation (EC) no 1099/2008.


34. Raw materials for the refineries ' is a concept within the meaning of the definition of raw materials for major petrochemical producers plants referred to in annex b, section 4.1 "energy products to which it applies", item 3 to Regulation (EC) no 1099/2008.

35. "heavy fuel" is an oil product, other than petroleum products under art. 2, al. 1 included in subheadings under the letter "e" in item 2 of the additional notes to Chapter 27 of the combined nomenclature of the European Union by Commission implementing Regulation (EC) no 1006/2011, intended for use as fuel in stationary installations and/or as feedstock for refineries.

36. "Nafta" is a concept within the meaning of the definition of petrol referred to in annex b, section 4.1 "energy products to which it applies", item 9 to Regulation (EC) no 1099/2008.

37. "stocks of oil and petroleum products" are stocks of energy products as referred to in art. 2.

38. "Previous calendar year" means the calendar year for which the data are used for consumption or for net imports and intra-Community arrivals in the territory of the country and on the basis of which the required quantities are calculated stocks, which must be maintained or the actual stocks at a time.

39. "Re" is the infringement committed within one year of the entry into force of the Decree, which was imposed a penalty for the same offence.

§ 2. This law introduces the requirements of Council directive 2009/119/EC of 14 September 2009 imposing an obligation on Member States to maintain minimum stocks of crude oil and/or petroleum products (OJ L 268/9 of 9 October 2009).

TRANSITIONAL AND FINAL PROVISIONS

§ 3. The law on compulsory stocks of oil and petroleum products (promulgated, SG. 9 of 2003; amend., 107/2003, no. 95 and 105 by 2005, 30 and 82/06 109/2007, no. 69 and 102 by 2008, issue 12, 32, 82 and 93 from 2009 and 88/2010) is repealed.

§ 4. Until 31 December 2014, the Republic of Bulgaria may maintain stocks of oil and petroleum products corresponding to 81 days of average daily net imports and intra-Community arrivals, of which 27 days for the Agency.

§ 5. State Agency "State reserve and war ' and payers are required to maintain and store the levels of compulsory stocks available under the revoked law for compulsory stocks of oil and petroleum products by 30 April 2013, Created by the entry into force of this law compulsory stocks of oil and petroleum products acquire the status of stocks under this law.

§ 6. Registration proceedings of warehouses for the storage of stocks of oil and petroleum products, started before the entry into force of this law shall be completed under this Act.

§ 7. The registration of warehouses under art. 21 of the revoked law for compulsory stocks of oil and petroleum products maintained its action after the entry into force of this law, as the stores are considered to be registered under art. 38. § 8. The register of payers under the revoked law for compulsory stocks of oil and petroleum products remain in force until 30 April 2013.

§ 9. The register of registered under art. 21 warehouses of the revoked law for compulsory stocks of oil and petroleum products maintained its action pending the entry into force of the Ordinance under art. 8, al. 4.

§ 10. Stock warrants issued prior to the entry into force of the Ordinance under art. 8, al. 4 shall remain valid until the expiry of the period referred to therein.

§ 11. The forms of stock warrants under the revoked law for compulsory stocks of oil and petroleum products remain valid until April 30, 2014, and can be used in conjunction with forms of stock warrants, regulated by the Ordinance under art. 8, al. 4.

§ 12. Prior information under art. 7, para. 1, item 9 on the methods of calculation of stock levels for 2013 shall be published on the website of State Agency "State reserve and war" until 25 February 2013.

§ 13. (1) reference-declaration under art. 4, al. 2 for 2012 is presented in State Agency "State reserve and war" until 25 February 2013.

(2) the information referred to in art. 4, al. 3, item 2, al. 4, item 2. 5, item 2 and al. 6 and 7 for 2012 is presented in State Agency "State reserve and war" by 15 February 2013.

§ 14. Administrativnonakazatelnite productions, formed by the Chairman of the State Agency "State reserve and war" until the entry into force of the law, completed under the revoked law for compulsory stocks of oil and petroleum products.

§ 15. The law on excise duties and tax warehouses (promulgated, SG. 91 of 2005; amend., SG. 105 by 2005, issue 30, 34, 63, 80, 81, 105 and 108 of 2006, issue 31, 53, 108 and 109 from the 2007 No. 36 and 106 since 2008, issue 6, 24, 44 and 95 of 2009, 55/94 and by 2010. , PC. 19, 35, and 82 99 by 2011, and St. 29, 54 and 94 by 2012.) the following modifications are made:

1. In art. 78, para. 1, item 2 (b), the words "law on compulsory stocks of oil and petroleum products" shall be replaced by the "law on stocks of oil and petroleum products".

2. In art. para 102. 5 shall be amended as follows:

"(5) the control of stocks of oil and petroleum products in warehouses and tax shall be carried out by the persons under art. 55, para. the stocks of oil and petroleum products. "

§ 16. In the law on State reserves and wartime stocks (promulgated, SG. 9 of 2003; Corr. 37/2003; amend., SG. 19, 69 and 105 by 2005, 30/102 and 2006, 54/2008, no. 35 of 2009 and no. 16 of 2010) in art. 7, para. 2 item 8 and 11 are hereby repealed.

§ 17. The law on renewable energy sources (official SG. 35 from 2011; amend., SG. 29 and 54 from 2012) made the following changes and additions:

1. In art. 50:

a) paragraphs 1 and 2 shall be amended as:

(1) "State Agency" State reserve and war "buys and sells petroleum products intended for creating, storing and upgrading of State-owned reserves, war, emergency supplies and target stocks, unmixed with biofuels.

(2) External s″hraniteli under the law on State reserves and wartime stocks create, store, protect and renew the State reserves and wartime stocks or oil, unmixed with biofuel ";

(b)) a new para. 3:

"(3) payers and s″hranitelite with registered warehouses under art. 38 of the law on stocks of oil and petroleum products created and stored reserves for emergencies, unmixed with biofuels. S″hranitelite store targeted stocks of oil and petroleum products in the country, unmixed with biofuel ";

in the past) Al. 3 it al. 4 and, after the words "para. 2 "there shall be added" and 3 ";

d) past al. 4 it al. 5.

2. In art. 67, para. 3 the words "para. 3 "shall be replaced by" para. 4. "

§ 18. In the commercial law (promulgated, SG. 48 of 1991; amend., no. 25 of 1992, no. 61 and 103 of 1993, 63/1994, no. 63 of 1995, no. 42, 59, 83, 86 and 104 of 1996, 58/100 and 124 of 1997, no. 21, 39, 52, and 70 of 1998 No. 33 , 42, 64, 81, 90, 103 and 114 in 1999, St. 84. Since the year 2000, PCs. 28, 61 and 96 in 2002, PCs. 19, 31 and 58 from 2003, PCs. 31, 39, 42, 43, 66, 103 and 105 of 2005, St. 38, 59, 80 and 105, 2006, issue. 59, 92 and 104 from 2007, PCs. 50, 67, 70, 100 and 108 of 2008, PCs. 12, 18, 32, 47 and 82 from 2009, PCs. 41 and 101 of 2010, PC. 14, 18 and 34 by 2011, and St. 53 and 60 of the 2012) make the following additions:

1. In art. 57 item 5 is created:

"5. the Governor, was a member of the management or supervisory body of a company which has been established by entered into force the Decree criminal breach of obligations in creating and storing his designated levels of stocks under the stocks of oil and petroleum products."

2. In art. 141, para. 8 creating the second sentence: "can not be a Manager and a person who has been a Governor, a member of the management or supervisory body of a company which has been established by entered into force the Decree criminal breach of obligations in creating and storing his designated levels of stocks under the stocks of oil and petroleum products."

3. In art. 234, para. 2 creating a new item 2:

"2. has been Governor, Member of the management or supervisory body of a company which has been established by entered into force the Decree criminal breach of obligations in creating and storing his designated levels of stocks under the stocks of oil and petroleum products."

§ 19. Regulations and internal regulatory acts of the President of the State Agency "State reserve and war" on the application of the law shall be issued within three months of its entry into force.

§ 20. Regulations and internal regulatory acts issued by the Chairman of the State Agency "State reserve and war" under the revoked law for compulsory stocks of oil and petroleum products, apply to the issuance of documents under § 19, so long as they do not contravene this law.

§ 21. The implementation of the law shall be entrusted to the Council of Ministers.

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

The law was adopted by 41-Otto National Assembly on January 31, 2013 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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