Law Amending And Supplementing The Law On Energy

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

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Name of law law amending and supplementing the law on power generation Named the Bill a bill amending and supplementing the law on energy acceptance Number 03/07/2012 date/year Official Gazette Decree No 54/2012 271

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

I DECLARE:

To be published in the Official Gazette the law amending and supplementing the law on energy, adopted by the National Assembly of the HLI July 3, 2012.

Issued in Sofia on 10 July 2012.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Diana Kovatcheva

LAW

for an amendment to the Energy Act (promulgated, SG. 107 since 2003; amend., no. 18 of 2004, no. 18 and 95 by 2005, issue 30, 65 and 74 in 2006, 49, 55 and 59 since 2007, issue 36, 43 and 98 in 2008, issue 35, 41, 42, 82 and 103 of 2009. , PC. 54 and 97 from 2010, PC. 35 and 47 by 2011, and St. 38 by 2012.)

§ 1. In art. 1 the words "transit transfer" and the comma after them are deleted.

§ 2. In art. 2 make the following amendments and additions:

1. In paragraph 8. 1 point 7 shall be replaced by the following:

7. development of infrastructure for transmission and distribution of electric power and natural gas and for the transmission of oil or petroleum products throughout the country and through it. "

2. in the Al. 2 the words "transit transfer ' shall be deleted, and after the words" the environment "is added" security of supply ".

§ 3. In art. 4, al. 2 make the following amendments and additions:

1. In paragraph 4, after the word "energy" a comma and the words "and minimum standards of security of natural gas supply" shall be replaced by "as well as measures to cover them."

2. an item 4 (a):

"4A. is the competent authority in matters of security of supply of natural gas within the meaning of Regulation (EC) No 994/2010 of the European Parliament and of the Council of 20 October 2010 on measures to safeguard security of gas supply and repealing Directive 2004/67/EC (OJ L 295/1, of 12 November 2010) , hereinafter referred to as "Commission Regulation (EC) No 994/2010"; ".

3. point 5 shall be replaced by the following:

"5. lays down the necessary new capacity for the production of electrical energy, and promulgated the inventory of the necessary new facilities in the State Gazette;".

4. In Recital 18 and the word "electricity" is replaced by "electrical energy" and add "and for the integration of the national market for electricity and natural gas at regional level".

5. In paragraph 19 (b) everywhere the words "European communities" shall be replaced by ' European Union '.

6. In paragraph 18, the words "anywhere in the European communities" shall be replaced by ' European Union '.

7. an item 18 (d):

"18. organize and monitor the implementation of the national plan for investments for the period 2013-2020 and submit to the European Commission as from 2014 to 31 January each year a summary report on its performance on the basis of the reports of energy undertakings for which arise obligations under this plan;".

§ 4. Article 7a is hereby repealed.

§ 5. In art. 8 al. 4 shall be amended as follows:

"(4) the Minister of economy, energy and tourism defines the necessary new capacity for the production of electric power under art. 4, al. 2, item 5 in the interests of security of supply of electricity, for the performance of their duties for the share of energy from renewable sources in gross final consumption of energy, as well as in the interests of environmental protection and the promotion of new technologies when using market mechanisms for investments these objectives cannot be insured on the basis of:

1. total estimated energy balances;

2. mandatory indicators of the degree of reliability of electric power supply;

3. the 10-year plan for the development of the grid;

4. the reports referred to in art. 13 of the Act on energy from renewable sources for the implementation of the national action plan for energy from renewable sources. "

§ 6. In art. 9 the following amendments and supplements shall be made:

1. In paragraph 8. 1, item 2, the first sentence add "and information about investment projects in the implementation of Council Regulation (EC, Euratom) No 833/2010 of 21 September 2010 on the application of Council Regulation (EC, Euratom) no 617/2010 concerning the communication to the Commission of investment projects in energy infrastructure within the European Union (OJ, L 248/36 of 22 September 2010).

2. in the Al. 2 item 4 and 5 are amended:

"4. the transmission system operators;

5. the distribution system operators. "

3. in the Al. 4, after the words "art. 4, al. 2, item 18 (b) "there shall be added" and 18 ", and the words ' and 19 ' are replaced by ' 7, 24, 26 and 27.

§ 7. In art. 11, para. 4 the first sentence shall be replaced by the following: "two members with experience in energy and one member with experience in the field of water supply and sanitation are selected through two and a half years."

§ 8. In art. 12, al. 5 is hereby amended as follows:

1. In paragraph 1, the words "the supply of electricity, gas and water" are replaced by "the production and distribution of electric and thermal energy and gaseous fuels".

2. In paragraph 3 the words "the supply of electricity, gas and water" are replaced by "the production and distribution of electric and thermal energy and gaseous fuels".

§ 9. In art. 13 make the following amendments and additions:

1. In paragraph 8. 3:

a) in paragraph 2, after the word "prices" put a semicolon and text for the rest is deleted;

b) item 3 shall be:

3. other matters related to the implementation powers of the Commission. "


2. in the Al. 7 creates the third sentence: "the request to halt the execution of the challenged judicial decision is inadmissible except as regards the decisions imposing penalties, solutions for suspension and withdrawal of licences and certificates, revocation of decisions for the independence of transmission system operators."

3. Paragraph 8 shall be repealed.

§ 10. In art. 14, para. 2 the words "eligible customers" are replaced by "customers".

§ 11. Article 15 shall be amended as follows:

"Art. 15. the Commission shall make public the policy and practice in the implementation of its instruments and the reasons for their change on the Commission website on the Internet. "

§ 12. In art. 19 the following endorsements are added:

1. In paragraph 8. 2, after the word "users" insert "energy services".

2. a para. 3:

"(3) in carrying out its functions, the Commission shall publish once a year the recommendations concerning the compliance of the prices for the sale of the public provider, end suppliers and providers of last resort obligations for services of public interest, including for the protection of consumers of energy services and environmental protection, and sends the recommendations of the Commission for protection of competition where necessary."

§ 13. Article 21 shall be amended as follows:

"Art. 21. (1) the State energy and water Regulatory Commission:

1. shall issue, amend, Supplement, suspend, terminate and withdraw licences in cases provided for in this Act;

2. adopt and publish guidelines for its activities;

3. adopt regulations provided for in this Act;

4. Approves the terms of the contracts provided for in this Act;

5. Approves the rules for working with users of energy services;

6. monitor, analyse, examine and periodically have the right to request amendment of pricing mechanisms laid down in the contracts for the purchase of long term availability and power, concluded with the public provider when they are contrary to the law of the European Union or are not in accordance with the policies of the European Union;

7. monitor the implementation of all measures adopted to fulfil the obligations to services of public interest, including for the protection of the users of energy services and environmental protection, and their possible effect on national and international competition and shall inform the European Commission of such measures and of any changes thereof;

8. carry out adjustment of prices in the cases provided for in this law, as well as fixed annually limit price for balancing energy market;

9. on the proposal of the energy enterprises shall adopt rules for the electricity trading and rules for trade in natural gas, as well as technical rules of the networks and systems, including rules for security and reliability, control and compliance review and monitoring of the results of past periods;

10. approve and monitor compliance with rules for the supply of electric power from the suppliers and service providers of last resort and supply natural gas from the public and provider of the suppliers as part of the rules referred to in paragraph 9, including standards for the quality of the services and supplies, as well as rules for the supply of customers with heat, including standards for the quality of the services and supplies;

11. approve and monitor the application of the methodology for the determination of the price of balancing electricity as part of rules for electricity trading under item 9;

12. approve and monitor the application of the methodology for determining the prices of electrical energy supplied by a supplier of last resort;

13. lays down the rules for the access to power and gas transmission network, electricity distribution and respectively to network and facilities for storage of natural gas, including standards for the quality of the services and supplies and, if necessary, revise them in order to ensure the effective access;

14. on a proposal by the transmission system operator of the distribution system operator respectively shall decide on membership of power lines, gas pipes and toploprovodite and their associated systems to transport or distribution networks and provides compulsory requirements for buying and/or to provide access to them;

15. place the competitions under art. 46;

16. request any information and documents relating to the functioning of the energy market, including contracts for the supply, transmission, distribution and storage, as well as all subsequent agreements, and can provide the market participants parts of this information provided that it does not disclose commercially sensitive information or information protected by law;

17. shall examine the requests of energy companies to compensate for the non-refundable and arising from their imposed public service obligations cost under art. 34 and 35, affirms their reasonable size and determines how their compensation subject to state aid;

18. issue certificates of producers of electric energy for the origin of the commodity electricity generated in high efficiency cogeneration of electrical and thermal energy;


19. determine the maximum dimensions of the technological costs of electric power, thermal energy or natural gas, which can be recognised under the price in generation, transmission and distribution of electrical energy in the generation and transmission of heat and in transmission, distribution and storage of natural gas in accordance with a methodology or guidelines adopted by the Commission;

20. the evaluation of the economic feasibility in respect of the introduction of intelligent systems for measuring on a proposal from the operators of the networks and, in the case that the introduction is economically justified, shall draw up timetables for their implementation, ensuring the interoperability of intelligent measurement systems, taking into account the relevant standards, best practices and their importance for the development of the internal market for electricity and natural gas;

21. determine availability for the production of electrical energy to any producer, as well as the amount of electricity to the public provider, in accordance with which the manufacturers and/or the public service provider are required to conclude transactions with the suppliers for the implementation of the principles of art. 24, para. 1;

22. giving consent for separation, separation, merger or the merger of energy enterprises – holders of licences under this Act;

23. shall permit to dispose of property, to exercise an activity licence as provided for in this law, as well as of other deals which lead or might lead to a breach security of supply as a consequence of the indebtedness of the energy undertaking;

24. the competent institutions of the European Union the information provided for in the law of the European Union;

25. in accordance with its powers addressed to the competent institutions of the European Union requests and notifications for granting a temporary exemption from the application of the provisions of European Union law and the transitional periods in the energy sector, in the cases provided for in the law of the European Union;

26. publish an annual report on its activities, including the results of the monitoring of non-limitation and distortion of competition in the energy markets and for their effective functioning, by sending the report to the Agency for the cooperation of energy regulators (ASRE) and to the European Commission;

27. certifies operators of electricity transmission network and to the natural gas transmission networks to comply with the requirements of independence, monitor their observance and sends the appropriate notifications to the European Commission;

28. cooperation on cross-border issues with the regulatory authorities of the other Member States of the European Union and with the ASRE, concluded agreements for cooperation with the national regulatory authorities;

29. contributing to the compatibility of data exchange processes on the most important market processes at regional level, ensuring the necessary level of confidentiality of the information;

30. monitor the implementation of the investment plans of the transmission system operators of electrical and natural gas transmission networks and shall submit in its annual report an assessment of the investment plans of the transmission system operators as regards their consistency with the 10-year plans for the development of networks in the European Union under article 8, paragraph 3, point (b) of Regulation (EC) no 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Commission Regulation (EC) No 1228/2003 (OJ, L 211/15 of 14 August 2009), hereinafter referred to as "Commission Regulation (EC) no 714/2009", and article 8, paragraph 3, point (b) of Regulation (EC) no 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) no 1775/2005 (OJ , L 211/36 of 14 August 2009), hereinafter referred to as "Commission Regulation (EC) no 715/2009", as that assessment may include recommendations to change investment plans;

31. apply and monitor the implementation of legally binding decisions of the European Commission or the ASRE;

32. the Chairman of the project's annual budget and the financial statement of the Commission and the report under art. 20, item 4;

33. monitor the implementation of the obligation of licensed providers of energy and gas to provide customers with access to data on their consumption;

34. monitor the implementation of the transparency obligations of the power companies in setting prices, accounting and work with customers on energy services;

35. observe the extent and effectiveness of market opening and competition in the sectors of wholesale and retail, as a monitor for connecting with the energy markets of the other Member States of the European Union;

36. Encourages the integration of markets and support the related research activities;

37. oversee technical cooperation between transmission system operators by Member States of the European Union and from third countries;

38. Requests the transmission and distribution system operators, if necessary, make a proposal to amend the rules and general conditions of the contracts provided for in this law, which shall be adopted by the Commission at their proposal;

39. control the transition from regulated market prices to the market in an organized freely negotiated prices in accordance with the rules on electricity trading;


40. ensure disclosure and a fair distribution of the available capacity of the networks between all users;

41. carry out control for the development of the electrical and gas networks to the benefit of all participants, which would ensure sufficient disposable capacity and for all;

42. exercise control in the cases provided for in this Act;

43. There are other powers determined by law.

(2) the powers of the Commission under para. 1, 10, 16, 17, 19 and 34 shall not apply to activities under art. 39, para. 4, item 2, 3 and 4.

(3) in connection with the implementation of its powers under the regulation of the activities of the independent transmission operator of the electric grid and the natural gas transmission networks, the Commission:

1. impose sanctions for discriminatory behaviour of operators in favour of the vertically integrated undertaking;

2. monitor communications between the operator and the vertically integrated undertaking to ensure that an operator fulfils his obligations;

3. Act as a body for the settlement of disputes between the vertically integrated undertaking and the operator;

4. the required information and documents concerning commercial and financial dealings, including loans between the vertically integrated undertaking and the operator;

5. Approves the commercial and financial agreements between the vertically integrated undertaking and the operator where they affect the conditions for the development of the market;

6. requires justification from the vertically integrated undertaking in connection with the submitted by the person responsible for the conformity decisions concerning the plan for the development of the network or separate operator investments, including in respect of compliance with the requirements for non-discriminatory behavior in favor of the vertically integrated undertaking;

7. carry out inspections at the premises of the vertically integrated undertaking and the operator;

8. Approves 10-year plan for the development of the transmission network, monitor its implementation under the conditions and by the order of the Ordinance under art. 60;

9. instructs all or certain tasks of the independent transmission operator, an independent system operator proposed by the owner of the network, in the event that the operator violates the systemic obligations relating to the independence requirements under Chapter eight "a", section II, including systematic discriminatory behaviour in favour of the vertically integrated undertaking.

(4) in connection with the implementation of its powers under the regulation of the activities of the independent system operator of electricity transmission network and to the natural gas transmission networks, the Commission:

1. impose sanctions for failure to comply with the obligations of the owner of the network and of the operator;

2. monitor the relations and communications between the operator and the owner of the network, in order to ensure that an operator fulfils his obligations;

3. approve contracts and act as a body for the settlement of disputes between the owner and the operator's network;

4. approve the 10-year plan for the development of the transmission network, monitor its implementation under the conditions and by the order of the Ordinance under art. 60;

5. ensure conditions which ensure that the data collected by the independent system operator revenue from access and backhaul in networks provide sufficient yield from assets of the network and of the new investment in it;

6. monitor the use of all revenue collected by the independent transmission operator under art. 16 (6) of Regulation (EC) no 714/2009;

7. carry out inspections at the premises of the owner of the network and of the operator.

(5) the rules and methodologies under para. 1, item 9-13 shall be published by the energy companies and the Commission on their websites.

(6) in the course of its work the Commission cooperates with the Commission for protection of competition and the Commission for the protection of consumers, if necessary, may refer them with a view to instituting proceedings in accordance with the law on protection of competition, respectively, in accordance with the law on consumer protection.

(7) the Commission's power to regulate activities in the field of water supply and sanitation are determined in the law on the regulation of the water supply and sewerage services.

§ 14. Art is created. 21A:

"Art. 21. (1) the Commission may request the opinion of the ASRE, respectively is required to present its findings at the request of the ASRE concerning the compliance of a decision taken by another regulatory authority of a Member State of the European Union, with the guidelines referred to in Regulation (EC) no 714/2009 and Commission Regulation (EC) no 715/2009.

(2) the Commission shall take the utmost account of the opinion of the ASRE concerning the compliance of a decision taken by it with the guidelines referred to in paragraph 1. 1 and inform the ASRE within 4 months from the date of receipt of the opinion.

(3) the Commission may inform the European Commission, when it considers relevant for cross-border trade taken by another regulatory authority does not comply with the guidelines referred to in paragraph 1. 1, within two months from the making of the decision.

(4) when the European Commission at the request of another regulatory authority or of the ASRE has decided that the guidelines under para. 1 are not met and has requested the revocation or amendment, the Commission is obliged, within two months from the decision of the European Commission to revoke or amend its decision and to inform the European Commission. "

§ 15. Article 22 shall be amended as follows:

"Art. 22. (1) the Commission shall examine complaints on:


1. users of the networks and facilities against operators of transmission and distribution networks, production companies, operators of installations for the storage of natural gas and operators of facilities for liquefied natural gas, related to the performance of their duties under this Act, and of the users against water and sewerage operators, related to the subject matter of the regulation under the Act to regulate the water supply and sewerage services;

2. customers against providers of energy and natural gas, including Terminal suppliers, related to the performance of their duties under this Act;

3. the licensees against licensors, relating to the implementation of the licensing activity under this law, as well as water and sewerage operators against water and sewerage operators, related to the subject matter of the regulation under the Act to regulate the water supply and sewerage services;

4. the members of the organs of the transmission network operator, the persons responsible for compliance in the transmission network operator and of the persons under art. 81 e, para. 9 upon termination of their employment in cases provided for by this law.

(2) consumer associations under the law for the protection of users and non-profit organizations for the protection of consumers of energy services may appeal under para. 1, item 1 and 2 for violating the collective interests of consumers of energy services, as well as to propose to the Commission to initiate the procedure for change in the terms and conditions of the contracts by the order of the Ordinance under art. 60. (3) within two months from the filing of a complaint under paragraph 1. 1, item 1, 2 and 3 and para. 2 the Commission may promote a friendly solution. The time limit may be extended by another two months, if the nature of the dispute having collecting additional data and information by the Commission.

(4) in the Al. 1, item 1, 2 and 3, including submitted under paragraph 1. 2 when not reached a friendly solution or a refusal of a friendly solution, the Commission shall take a decision on the appeal within two months of receipt. This period may be extended by another two months, if the nature of the dispute having collecting additional data and information by the Commission. With the consent of the appellant the extended period may be extended by a further two months.

(5) in cases where the Commission accepts complaint for good, she with the decision gives mandatory instructions on the application of the law.

(6) the Commission considered complaints of:

1. the independent transmission operator against the vertically integrated undertaking and of the vertically integrated undertaking against the independent transmission operator – after the establishment of an independent transmission operator;

2. the independent system operator against the owner of the transmission system owner and the transmission system against the independent system operator – after the establishment of an independent system operator, shall take a decision on the appeal within two months after receipt; This period may be extended by another two months, if the nature of the dispute having collecting additional data and information by the Commission; with the consent of the appellant the extended period may be extended by a further two months.

(7) the procedure for submission of complaints, their examination and the procedure for the voluntary settlement of disputes shall be settled by the Ordinance under art. 60. "

§ 16. Article 23 shall be amended as follows:

"Art. 23. in the exercise of regulatory powers, the Commission shall be guided by the following general principles:

1. promote, in close cooperation with the ASRE, with the regulatory authorities of the other Member States of the European Commission, and with the European Commission on the development of a competitive, secure and environmentally sustainable internal market for electricity and natural gas within the European Union, as well as the effective market opening for all customers and suppliers in the European Union, and to ensure the appropriate conditions for efficient and reliable operation of the electrical and gas networks taking into account the long-term objectives;

2. developing competitive and well functioning regional markets within the European Union;

3. Prevention and non-competition restriction or distortion of the energy market;

4. ensure a balance between the interests of energy companies and clients;

5. ensure a level playing field between the different categories of energy enterprises and between the types of customers;

6. creating incentives for the development of a competitive market for the activities in the energy sector, where there are conditions for this;

7. promote the integration of markets, the provision of appropriate incentives and support for related research activities;

8. create incentives for the effective development of secure, reliable and efficient networks in accordance with the interests of the clients, integrating production of a different scale of electrical energy from renewable sources and distributed generation;

9. encouraging investment in infrastructure in a non-discriminatory manner, equal access of new entrants to the market and networks;

10. achieving the high standards of the services provided in the public interest, ensuring opportunities for choice and change of provider, ensure protection of consumers of energy services;

11. creating incentives for energy efficiency of regulated undertakings activities. "

§ 17. In art. 24, para. 1 is hereby amended as follows:

1. In the text before item 1 the words "item 7A, 17A" shall be replaced by ' 10, 21.

2. In paragraph 2, the word "public" is replaced by "end".

3. point 3 shall be replaced by the following:


3. ensuring a balanced amendment of prices for the end client, taking into account the obligations of the public provider, the suppliers and the transmission and distribution system operators, related to the implementation of services of public interest, public service obligations and costs; nev″zstanovâemite ".

4. In paragraph 4 the word "users" is replaced by "customers".

§ 18. In art. 25 the following amendments and supplements shall be made:

1. In paragraph 8. 1 creating a t. 6:

"6. the licences issued by it solutions under art. 21, para. 1, item 1, 4, 5, 9, 10, 15, 18, 21, 25 and 26.

2. in the Al. 2:

a) in the first sentence, the words "paragraphs 1 and 5 shall be replaced by ' paragraphs 1, 5 and 6;

(b) in the second sentence) the words "art. 159, para. 3 "shall be replaced by" art. 162, para. 4. "

§ 19. In art. 27 the following amendments and supplements shall be made:

1. In paragraph 8. 1:

a) in paragraph 2, the words "provided for in this law and in the" replace with "imposed by the Commission in accordance with this law and";

b) in item 3, after the word "licensing" is added "and/or control".

2. in the Al. 2, after the word "licensing" is added "and/or control".

§ 20. Article 30 shall be replaced by the following:

"Art. 30. (1) subject to Regulation by the Commission are subject to the prices:

1. in which producers within their specified standing charges by the Commission under art. 21, para. 1, item 21 sell electricity to the public provider and/or the final suppliers;

2. in which producers sell electricity availability for cold reserve power grid operator, unless the operator of the grid buys availability on the basis of a tender procedure to cover the shortage of availability for cold reserve;

3. in which producers sell heat to heat distribution undertaking and directly connected customers;

4. in which heat distribution company sells heat to customers;

5. in which the public supplier sells electricity to power transmission system operators and distribution networks to cover the costs of the technological transfer;

6. with which the public supplier sells the sugar bought suppliers pursuant to art. 21, para. 1, item 21 electric power;

7. in which the public provider sells gas to end suppliers of natural gas to customers connected to the gas grid;

8. in which Terminal suppliers sell natural gas to customers connected to the gas distribution networks;

9. with that end suppliers sell electricity to household and non-household customers to sites connected to the electrical distribution network of low voltage level;

10. transmission of electricity through the transmission and/or distribution networks;

11. to join the networks;

12. to access and transport of natural gas through transmission and/or distribution networks except in cases where the Commission, at its sole discretion approve the methodology for determining the cost of access and transmission through the transmission network;

13. for access to the electricity transmission and distribution networks;

14. to access and storage of natural gas in storage facility;

15. the distribution of traction electric energy on distribution networks of rail transport;

16. the services supplied to customers identified by the Commission relating to the licensed activity.

(2) the prices of energy, natural gas and energy services companies, are not subject to Regulation by the Commission in the establishment of her competition, which creates prerequisites for the free negotiation of prices under market conditions for the activity in the energy sector.

(3) are not subject to Regulation by the Commission the prices for supply of heat by the persons under art. 39, para. 4, item 2 and 3. "

§ 21. In art. 31 is made the following changes and additions:

1. In point 2:

a) in point (b), the word "users" is replaced by "customers";

(b))) (shall be "g":

"(g)) the balancing of power system."

2. In paragraph 3 it finally puts a comma and add "including for the protection of the objects representing the critical infrastructure in the energy sector".

3. point 5 shall be replaced by the following:

"5. the prices for different customer groups to match the cost of delivery of the power and natural gas to those customers;".

4. In paragraph 6 (a), the word "users" is replaced by "customers".

5. In paragraph 7, the words ' cogeneration ' shall be replaced by "high efficiency cogeneration" and the word "users" is replaced by "customers".

6. Point 8 is replaced by the following:

"8. the equitable transfer of the cost of system services, including complementary and ancillary services, cold reserve and for technological costs on users of the transmission system on distribution networks."

§ 22. In art. 32 make the following amendments and additions:

1. In paragraph 8. 1 the words "the establishment of an upper limit on prices or earnings" shall be replaced by the words "the application of different methods of adjustment, including".

2. Paragraph 3 shall be repealed.

3. a para. 4:

"(4) the Commission may establish temporary prices under art. 30, para. 1, 10, 12, 13, 14 and 15 in the case of delay in transmission or distribution networks in the setting of prices for access, transmission and distribution and to take decisions on the appropriate compensatory measures, in the event that the final rates for access, transmission and distribution activities deviate from the provisional prices. "

§ 23. In art. 33 following amendments and supplements shall be made:

1. In paragraph 8. 1, after the words "produced by" insert "high-performance", and a comma and add "1".

2. in the Al. 3, after the words "produced by" insert "high performance".

3. a new paragraph. 4:


"(4) the Commission shall determine the prices on the basis of the individual costs of proceedings under the Ordinance under art. 36, para. 3 the quantities of electricity generated in combined mode of power stations with combined production of electricity and heat, without achieved high efficiency cogeneration criteria, and of the amounts of electricity generated in nekombiniran way, necessary to ensure the operational reliability of the main facilities under art. 162, para. 2, item 2 and 3. "

4. The current paragraph. 4 it al. 5.

§ 24. In art. 34, para. 7 the word "users" is replaced by "customers".

§ 25. In art. 35 following amendments and supplements shall be made:

1. In paragraph 8. 2:

create a new) item 4 and item 5:

"4. deriving from the obligations relating to the protection of objects representing the critical infrastructure in the energy sector;

5. deriving from the obligations relating to the implementation of the individual goals for energy savings, according to art. 10, para. 1 of the law on energy efficiency; "

(b)) the current item 4 becomes item 6.

2. in the Al. 6 the word "users" is replaced by "customers".

§ 26. In art. 36, para. 3 the words "the Council of Ministers, on a proposal from the ' shall be deleted.

§ 27. In art. 36 (a) is hereby amended as follows:

1. In paragraph 8. 1 the words "the public provider of electric power and natural gas public suppliers of electricity or natural gas and the suppliers of electricity or natural gas, as well as toploprenosnite undertakings ' shall be replaced by" energy enterprises, supplying electric power and natural gas at regulated prices, and transmission and distribution system operators ".

2. in the Al. 3 the word "users" is replaced by "customers".

§ 28. In chapter three, the name of the section V shall be amended as follows: "separate accounting. Storing and providing information. "

§ 29. In art. 37 following amendments and supplements shall be made:

1. In paragraph 8. 2 the word "users" is replaced by "customers".

2. a para. 3:

(3) energy undertakings which are the subject of an independent financial audit, audit report submitted to the Commission for the observance of the rules on the keeping of accounting separation. "

§ 30. In art. 38 following amendments and supplements shall be made:

1. In paragraph 8. 1 item 3 is created:

"3. information on the assets and the costs of the kinds of customers for the purposes of pricing."

2. paragraph 2 is replaced by the following: "(2) energy undertakings are required, at the request of the Commission, the Commission for protection of competition and the European Commission in the exercise of their powers to provide documentation, accounting, technical-economic and other information, including for contracts."

3. a para. 3:

(3) enterprises for the supply of electric power and natural gas stored for a period of 5 years data on all transactions for the supply of electricity and natural gas with wholesale customers and transmission system operators – period, terms of payment and delivery, quantity, date and time of the performance, prices and ways of identifying the wholesale customer, as well as other data determined by the Ordinance under art. 60. the Commission may provide the market participants parts of this information provided that it does not disclose commercially sensitive information or information protected by law. "

§ 31. In chapter III section vi is created with art. 38 – 39 (e):

' Title Vi

Measures to protect final customers

Art. 38. (1) contracts between consumers of energy services and energy undertakings providing services of public interest, must contain:

1. information identifying the energy enterprise, including address;

2. the services provided and the terms and conditions of their provision;

3. the means by which one can get up-to-date information on all applicable prices of the offered services;

4. duration of the contract, the conditions for suspension, termination of their supply and of the contract;

5. conditions for unilateral termination of the contract by the user of energy services and the opportunity for such termination, without additional payment;

6. terms and conditions for offsetting refunds for non-compliance with the requirements for the quality of contracted services, including inaccurate or delayed billing;

7. rights of users of energy services, including information on the procedure for examining and deciding on complaints;

8. other terms and conditions as provided for in this Act.

(2) the conditions referred to in paragraph 1. 1, and proposals for their modification be made prior to the conclusion or confirmation of the contract.

Art. 38 (b) (1) energy undertakings under art. 38A, para. 1 provide their customers energy services information for:

1. the methods of payment, prices for suspension or restoration of supply, prices for services of the maintenance and other service related to the licensed activity;

2. the procedure for changing provider and information that users of energy services do not pay additional payments when changing supplier;

3. real potrebenite quantities and expenditure without obligation for an additional payment for this service;

4. preparation of final countervailing account when you change supplier;

5. the share of each energy source to the overall energy delivered by the supplier during the previous calendar year in a comprehensible and clearly comparable manner;


6. existing sources of publicly available information on the environmental impact in terms of at least emissions of CO2 and the radioactive waste – a result from the production of electricity from various energy sources in the total energy delivered by the supplier over the preceding year;

7. information on means of settlement of disputes.

(2) the information referred to in para. 1 shall submit invoices or together with them in the information and materials on the websites of energy enterprises. In this line, the energy suppliers and gas provide consumers of energy services and checklist, adopted by the European Commission containing practical information on their rights.

Art. 38. (1) energy undertakings under art. 38A, para. 1 prepare and submit for approval by the Commission rules to work with their customers for energy services.

(2) the rules referred to in paragraph 1. 1 settled the terms and time limits for the receipt, review, verification and response to the complaint, signals and suggestions form of consumption data and the procedure by which suppliers and consumers of energy services have access to them.

(3) the rules referred to in paragraph 1. 1 shall be adopted by the Commission, shall publish in a central and in a local daily newspaper, as well as on the website of the licensee and shall enter into force upon their publication. The rules are part of the terms and conditions of the contracts approved by the Commission, when by this Act are provided for general terms and conditions.

(4) the conditions and procedures for the approval of the rules for working with users of energy services shall be settled by the Ordinance under art. 60.

Art. 38. The energy enterprises engaged in the supply of energy or natural gas, provide centres for the provision of information under art. 38A and 38B consumers of energy services, as well as to work with them in accordance with the rules of art. 38 in.

Art. 38 e. Energy undertakings providing services of general interest, in the terms and conditions for supply and use of networks and the rules for working with users of energy services lay down specific procedures for the granting of vulnerable customers the information related to consumption, and suspending the supply to vulnerable customers. "

§ 32. In art. 39 following amendments and supplements shall be made:

1. In paragraph 8. 1:

(a) in item 4) add "in a facility for storage and/or liquefaction of natural gas or the importation, offloading and regasification of liquefied natural gas in a liquefied natural gas facility";

(b) in point 6), after the words "organizing" is added "stock";

in point 9) is repealed;

d) point 11 is repealed;

(e)) is hereby set up item 13:

' 13. the supply of electricity from the supplier of last resort. "

2. in the Al. 4, item 2 and 3 the words "5 MW" are replaced by "10 MW.

3. Paragraph 5 shall be amended as follows:

"(5) where the person applying for the issue of a licence for any of the following activities: 1. the production of electrical energy;

2. production of electrical and thermal energy;

3. the transmission of electricity;

4. the distribution of electrical energy;

5. electricity trading;

6. Organization of the exchange market of electric energy;

7. public supply of electricity;

8. the supply of electricity from the final supplier;

9. the supply of electricity from the supplier of last resort;

10. distribution of traction power in railway electricity distribution networks, or holds such a licence and comply with the requirements for balancing Group Coordinator, the licence contains the rights and obligations related to the activities of the Coordinator of the balancing group. "

4. a para. 6:

"(6) a licence for the supply of electricity from the supplier of last resort for customers who have chosen another supplier or selected vendor does not supply beyond the client reasons, shall be issued:

1. licensee activity public supply of electricity – for customers connected to the grid;

2. license for the activity of electricity supply terminal supplier – for customers connected to the distribution network, for the territory of the current licences for public supply and supply from Terminal supplier. "

§ 33. Article 40 shall be replaced by the following:

"Art. 40. (1) a licence shall be issued to a person registered under the commercial law:

1. has the technical and financial capabilities, material and human resources and organizational structure for the implementation of the regulatory requirements for the conduct of the activity licence;

2. There are real rights on energy projects, through which the activities will be carried out, if they are built, except for the import licences referred to in art. 39, para. 1, item 5, 6, 7, 10 and 13;

3. provides evidence that the energy projects, which will operate under the licence shall comply with the regulatory requirements for safe operation and environmental protection.

(2) in the case of a licence referred to in art. 39, para. 3 the conditions required under para. 1, item 1 – 3 are available at the time of the initiation of the licensing activity.

(3) a licence referred to in art. 39, para. 1, item 4 shall be issued subject to the provisions of art. 118 (a), para. 3 – 6 of the Water Act.

(4) a licence shall not be issued to a person:

1. against which insolvency proceedings have been instituted or which is declared bankrupt;

2. which is in liquidation;

3. of which is revoked or licence is refused a licence for the same activity and has not expired, the time limit under art. 59, para. 4 or under art. 41, para. 4.


(5) a licence shall not be issued where there is a risk of damage to the life and health of citizens, property of third parties and the interests of the clients, violating the reliable supply of electricity or thermal energy or natural gas.

(6) in cases where the same person carried out more than one of the activities for which licensing is provided for each activity are issuing separate licences. The Commission shall ensure non-contradictions in the modes of implementation of individual licensed activities.

(7) a licence under subsection. shall be issued and a person with registration equivalent to that referred to in paragraph 1. 1 under the legislation of another Member State of the European Union, under the conditions laid down in para. 1-6. "

§ 34. In art. 41 Al is created. 5:

"(5) the Commission shall send the European Commission information on each case of reasoned refusal for the issuing of licences for transmission, distribution, storage, public supply of natural gas and supply natural gas from the Terminal suppliers."

§ 35. In art. 43 following amendments and supplements shall be made:

1. In paragraph 8. 1:

a) in item 1, the words ' or of natural gas "shall be deleted;

(b) in item 2), after the words "organizing" is added "stock";

in point 4) shall be repealed;

d) item 5 shall be inserted:

"5. the supply of electricity from the supplier of last resort for customers connected to the power grid."

2. in the Al. 2 item 4 is created:

"4. the supply of electricity from the supplier of last resort for customers connected to the distribution network in the territory."

3. in the Al. 3 the word "users" is replaced by "customers" and the word "distribution" is replaced by "electrical".

4. in the Al. 5 the word "users" is replaced by "customers" and the word "distribution" is replaced by "distribution".

5. in the Al. 8, third sentence, the comma and the words "as well as for public supply" shall be deleted, the word "territory" after the comma is deleted.

6. Paragraph 10 shall be replaced by the following:

(10) Commission decision to amend the licence of the territory of the municipality, which is outside the described under art. 4, al. 2, t. 6, can be assimilated to a separate territory for distribution of natural gas, or to the territory of the municipality for which the licence is issued for the same activity, in agreement with the municipality argued outside the inventory and consent of the holder of the licence. "

7. in the Al. 11 Finally, add "or in territory under para. 8. "

8. in the Al. 12 the word "distribution" is replaced by "distribution".

§ 36. In art. 44 the following modifications are made:

1. Paragraph 1 shall be amended as follows:

(1) A person to whom a licence has been issued for the transfer of electrical energy shall not be issued a licence for other activity subject to licensing under this Act, other than a licence for the organisation of the exchange market of electric energy. "

2. in the Al. 2 the words "natural gas storage and transit licence gas" shall be replaced by the words "the activities under art. 39, para. 1, item 4 and the licence for the distribution of natural gas.

3. in the Al. 4, the words ' for public supply of natural gas or "shall be deleted and the word" users "is replaced by" customers ".

§ 37. In art. 46 following amendments and supplements shall be made:

1. Paragraph 1 shall be amended as follows:

(1) a competition for power required for the production of electrical energy is conducted only in the cases under art. 4, al. 2, item 5 for the construction of a new or existing power. The winning contest participant shall be determined for the holder of the licence that contains the obligation to build, in the case of the construction of new power. "

2. Paragraph 3 shall be amended as follows:

"(3) The person won the contest under para. 1 – in the case of the construction of a new power, or under para. 2 shall be issued a licence under art. 39, para. 1, item 1 or 2. "

3. a new paragraph. 4: "(4) in the cases referred to in para. 2 the decision of the Commission under para. 3 and is issued a licence to carry out the activity supply natural gas from the Terminal supplier until reaching the 100 000 customers in accordance with art. 44, para. 4. "

4. the Previous para. 4 and 5 become respectively al. 5 and 6.

§ 38. In art. 47 following amendments and supplements shall be made:

1. In paragraph 8. the words "not later than 6 months before the deadline for the submission of applications for participation in the competition" are replaced by "and published in the official journal of the European Union, as the deadline for the submission of applications for participation in the contest shall be not less than 6 months from the date of publication of the decision to the competition".

2. a para. 4:

"(4) a candidate for competition can be any person who has the technical, economic, financial, and organizational capabilities in accordance with the requirements set out in the competition documentation, and for which there are no circumstances under art. 40, para. 4. "

§ 39. In art. 48 the words "publication in the" Official Gazette "of the message" are replaced by "publication in the State Gazette and publication in the official journal of the European Union of the decision".

§ 40. In art. 51, para. 2 make the following amendments and additions:

1. In the text before point 1, the words "in cases" shall be deleted.

2. In paragraph 1 the word "users" is replaced by "customers".

3. In item 2 Finally a comma and add "as well as for the implementation of binding decisions of the European Commission or ASRE".

§ 41. In art. 53 the following modifications are made:

1. Paragraph 1 shall be amended as follows:

"(1) an order with incomplete construction objects or property, which carries out its activities under the licence, may only be carried out in their entirety after the permission of the Commission, including the announcement of the licensee into bankruptcy."

2. in the Al. 2 the word "transaction" is replaced by "disposition".

3. Paragraph 3 is replaced by the following:


"(3) when a termination or amendment of the licence under paragraph 1. 1 or 2 might lead to a breach of the security of supply electric or thermal energy or natural gas, the Commission authorizes the making of an order, if the acquirer has submitted an application and meets the conditions for issue of the activity licence. The licence issued to the transferee, shall enter into force on the date of acquiring title. "

4. in the Al. 4, the words "may issue" shall be replaced by "issue" and the words "commit transaction" shall be deleted.

5. in the Al. 7 the words "' shall be replaced by" Orders carried out ".

§ 42. In art. 55, para. 5, the words "on this deal," shall be deleted.

§ 43. In art. 56, para. 3 the word "users" is replaced by "customers".

§ 44. In art. 57 the following modifications are made:

1. In paragraph 8. 1 the word "consumers" is replaced by "customers".

2. in the Al. 2 the words "the procedure of ' shall be deleted.

§ 45. In art. 58, para. 1 the word "consumers" is replaced by "customers".

§ 46. In art. 60, after the words "contracts under this Act" is added "approving the rules for working with users of energy services", the word "consumers" is replaced by "clients" and the words "the Council of Ministers, on a proposal from the ' shall be deleted.

§ 47. In art. 62 following amendments and supplements shall be made:

1. In paragraph 8. 1 and 2, after the words "which will" add "and" builds.

2. Paragraph 3 shall be repealed.

3. in the Al. 4, the words "energy undertaking" are replaced by "the person referred to in paragraph 1. 1. "

4. Al are created. 5, 6 and 7:

"(5) the person referred to in paragraph 1. 1 make a written proposal to the holder of the rights in rem, stating the legal and factual reasons justifying the proposal, including the property, type of energy objects and/or facilities and the way they affect the enjoyment of the property, the type of property rights that need to be acquired, the area and the proposed compensation, by giving an appropriate period of not less than one month to reply to the proposal. This time limit may be modified by mutual consent of the persons.

(6) in the establishment of limited real rights in para. 1 on the property – public property for national entities shall apply accordingly, the line for private State or private municipal property, unless otherwise provided by law.

(7) the persons referred to in para. 1 are entities of the construction of these objects within the meaning of art. 161, para. 1 of the law on spatial planning, as well as interested persons within the meaning of art. 124, para. 3 of the law on the territory. "

§ 48. In art. 63 the following modifications are made:

1. Paragraph 1 shall be amended as follows:

' (1) in case of refusal or inability to implement actions under art. 62, para. 4 due to compelling reasons of the person under art. 62, para. 1, the property is expropriated for the benefit of the State. For refusal shall be considered explicit refusal, as well as the non-acceptance of the offer or failure of the agreement within the time limit under art. 62, para. 5. "

2. in the Al. 3 the words "Energy undertaking" are replaced by "the person under art. 62, para. 1. "

§ 49. In art. 64 following amendments and supplements shall be made:

1. In paragraph 8. 1 the words "Energy Enterprise" shall be replaced by "persons who will build and operate the energy subject," and the second sentence shall be deleted.

2. in the Al. 2, paragraphs 1 and 2, the words "energy undertaking" shall be replaced by "persons under para. 1. "

3. in the Al. 3:

a) point 1 shall be amended as follows:

"1. the holder of the easement acquire:

and the air passage) and underground power lines, steam lines, gas pipelines, oil pipelines and oil products pipelines;

(b)) his representatives to enter and pass through the estate employees and engage in activities linked to build and/or operate energy projects, including the right of way of the technique through employees real estate properties in connection with the construction and servicing of air and underground ducts and terrestrial facilities;

in) to carry out pruning and cutting of trees in the easement strips on power lines and hidros″or″ženiâta to eliminate accidents with notification to the managing authorities of the forestry and national parks; "

b) in item 2 (b), add "and after a written agreement with the holder of the easement.

4. in the Al. 4 item 2 is amended as follows:

"2. the marketing authorisation holder shall pay compensation to the easement one-time owner of the property on which there is a servitut″t, and holders of other rights in rem on the affected estate."

5. Paragraph 5 shall be repealed.

6. in the Al. 7 the words "energy undertaking" shall be replaced by ' the holder of the easement.

7. in the Al. 8 the words "energy undertaking" shall be replaced by ' the holder of the easement.

8. in the Al. 9 the words "Minister of agriculture and food" shall be replaced by the words "the Minister of agriculture and food".

9. a para. 10:

"(10) in the establishment of limited real rights in para. 1 on the property – public property for national entities shall apply accordingly, the line for private State or private municipal property, unless otherwise provided by law. "

§ 50. Art is created. 64 (a):

"Art. 64. (1) an act of a competent authority for approval of a detailed plan according to art. 64, para. 4, item 1 with a sample of graphic and text materials on the služeŝiâ property, the holder of the easement and the owner/holder of a right in rem in this property and document for paid or deposited in a commercial bank available to owners and holders of other rights in rem over property služeŝiâ single compensation, representing the servitutnoto law shall be entered in the land register at the request of the holder of the easement.


(2) until the opening of the proceedings by creating property register under art. 70, para. 1 of the law on cadastre and land register entry of the acts and documents referred to in para. 1 is effected by the owner of the služeŝiâ estate in accordance with the rules for entries (Memo No. 101 from 1951; amend., SG. 30 of 1955, SG. Since 1996, 82, 86/1997, no. 14 of 2000, issue 5 and 16 of the 2001 69/04 67/2005 and no. 22 of 2008). "

§ 51. In art. 65 the following modifications are made:

1. In paragraph 8. 1 the words "para. 5 ' shall be replaced by "para. 4, item 2. "

2. in the Al. 2 the words "energy undertaking" shall be replaced by ' the holder of the easement.

§ 52. In art. 67 following amendments and supplements shall be made:

1. In paragraph 8. 1 the words "Energy Enterprise" shall be replaced by "persons under art. 62, para. 1 and art. 64, para. 1. "

2. in the Al. 2 the words "Energy Enterprise" shall be replaced by "persons under art. 62, para. 1 and art. 64, para. 1. "

3. in the Al. 3 the words "energy plants" are replaced by "transmission and distribution system operators," and after the words "parts of buildings" insert "and adjacent land.

§ 53. In art. 68 is hereby amended as follows: 1. In para. 1 the words "energy undertaking" shall be replaced by ' the holder of the easement.

2. in the Al. 2 the words "energy undertaking" shall be replaced by ' the holder of the easement.

§ 54. In art. 69 the word "users" is replaced by "customers" and after the words "security of supply" insert "including the protection of the objects representing the critical infrastructure in the energy sector" and a comma.

§ 55. Art is created. 69A:

"Art. 69. (1) energy undertakings for which arise obligations under the national plan for investments for the period 2013-2020, are required to comply with the obligations provided for in this plan, and to report to the Minister of economy, energy and tourism.

(2) the Organization and monitoring of the implementation of the national plan for investments for the period 2013-2020, including the mechanism for delivering and the way of spending of the funds for its implementation shall be carried out under conditions and by an order determined by the Ordinance of the Council of Ministers, on a proposal from the Minister of economy, energy and tourism and of the State energy and water Regulatory Commission. "

§ 56. In art. 70, para. 2 item 3 is created:

"3. the protection of the objects representing the critical infrastructure in the energy sector."

§ 57. In art. 71 the words "power system management" shall be deleted and the words "universal service" are replaced by "service of public interest".

§ 58. In art. 72 following amendments and supplements shall be made:

1. In paragraph 8. 1:

and so is created):

' 2A. overload of electrical networks; "

(b) in item 5) add "or attacks on power projects".

2. Paragraph 4 is replaced by the following:

"(4) the Minister of economy, energy and tourism reported the introduction of restrictive mode or restrictive conditions under para. 1 – 3 of the Commission, of the European Commission – in cases provided for by the Ordinance under art. 9, para. 4, and announce it via the mass media. "

§ 59. Art is created. 72A:

"Art. 72. (1) the Minister of economy, energy and tourism, after consultation with the natural gas undertakings and organizations representing the interests of household and nebitovite customers, supplied with gas, and the Commission is introducing at national level:

1. the preventive action plan containing the measures necessary to eliminate or mitigate the risks identified, in accordance with the assessment of risk;

2. the contingency plan containing the measures to be taken to eliminate or mitigate the impact of supplies of natural gas.

(2) the risk assessment under paragraph 1. 1, item 1 shall be carried out on the basis of the elements referred to in Regulation (EC) No 994/2010.

(3) upon adoption of the plans referred to in para. 1 Minister of economy, energy and Tourism shall co-operate with the competent authorities of the region and with the European Commission in order to ensure that they are compatible with the plans of other Member States of the European Union, in the region and in order to develop regional plans of action. "

§ 60. In art. 73 following amendments and supplements shall be made:

1. In paragraph 8. 1:

and in the text) before item 1 the words "Operators of the electricity system, the network, the warmth of the transmission network or operator of the distribution system may provide" be replaced by "operator of the grid, the grid, the transmission network or the distribution system operator may order" and the word "consumers" is replaced by "customers";

b) in paragraph 4 the word "users" is replaced by "customers";

in point 6), the words ' transmission undertaking ' shall be replaced by ' operator of the transmission network;

d) point 7 shall be:

"7. If it is impossible to maintain a balance of power system and occurrence of the deviation of the interconnection to Exchange schedules with neighbouring operators above the permissible limits specified in the rules of art. 83, para. 1, item 4 and in the rules of the European network of transmission system operators for electricity (entso for electricity ").

2. in the Al. 2 the word "users" is replaced by "customers".

§ 61. In art. 75, para. 1 creating a t. 6:

"6. the implementation of the national plan for investments for the period 2013-2020."

§ 62. In art. 76 following amendments and supplements shall be made:

1. In paragraph 8. 4:

a) in item 2 Finally a comma and add "to the storage facilities and facilities for temporary storage of natural gas, as well as the correct application of the conditions for granting access;


(b) in point 6), after the words "the obligation to" insert "and";

in point 7) the words ' system vendor ' shall be replaced by "transmission system operator";

(d)) that is created:

' 7A. the respect of long-term contracts and the terms of contracts for prek″svaemi services, as well as their compatibility with European Union law and their conformity with the policies of the European Union; "

e) in point 8 the word "users" is replaced by "customers";

It is) creating new item 9:

"9. the presence of restrictive contractual practices and exclusivity provisions, which may prevent the non-household customers to contract simultaneously with more than one supplier or to limit their choice of providers;"

(g)) be created item 10, 11 and 12:

"10. the time for which the operators of electricity/electricity distribution and transmission/distribution networks carry out connections to networks, repairs and interconnections;

11. compliance with the rules on working with users of energy services;

12. compliance with the requirements laid down in Regulation (EC) no 714/2009 and Regulation (EC) no 715/2009; "

(h) the current item 9) becomes recital 13.

2. in the Al. 6, after the words "regulations and/or facility" and "be added to the upstream pipeline network, as well as to ensure access for their use".

§ 63. In art. 78, para. 2, paragraph 4, the words "make suggestions for giving" shall be replaced by "give".

§ 64. In art. 80 is made the following changes and additions:

1. a new paragraph. 3:

"(3) no statement shall be drawn up where the supervisory bodies have become apparent on violation of this law and the regulations for its implementation on the basis of official documents, as well as failing to provide documents and information provided for in this Act and the regulations for its implementation."

2. The current paragraph. 3 it al. and 4 shall be replaced by the following:

"(4) on the basis of the results of the inspection the inspection authority or body may:

1. give the compulsory requirements of the parties;

2. draw up acts for the establishment of administrative violations, and

3. offer the imposition of compulsory administrative measures. "

3. The current paragraph. 4 it al. 5.

§ 65. A chapter eight "a" with art. 81 a-81 a:

"Chapter eight" a "

CERTIFICATION of TRANSMISSION SYSTEM OPERATORS.

RULES for the IMPLEMENTATION of the investment.

INDEPENDENCE OF THE TRANSMISSION SYSTEM OPERATORS

Section I

Certification of transmission system operators.

Rules for the implementation of investment

Art. 81. (1) the Commission certifies every operator of the transmission system operator for the fulfilment of the requirements for independence and monitor their observance by the certified operator.

(2) the Commission shall open a certification procedure under para. 1 on its own initiative, at the request of the transport operator or at the reasoned request of the European Commission.

(3) the Commission shall adopt a draft decision or certification denied certification within 4 months from the date of receipt of the request for certification or of the initiation of the proceeding on its own initiative or at the request of the European Commission. In the event that the said time limit, the Commission does not rule explicitly, it is believed that the draft decision on certification is accepted.

(4) the draft decision referred to in paragraph 1. 3 together with all the related information shall be notified immediately to the Commission.

(5) the operator of a transmission system operator and undertakings performing any of the functions of production of electrical energy, extraction of natural gas or the supply of electricity or natural gas, natural gas production from renewable sources, provide, upon the request of the Commission or by the European Commission with any information relating to the performance of duties for the independence of the operator.

(6) the decision for the establishment of an operator shall be notified to the European Commission and published in the official journal of the European Union. In establishing an independent system operator is applied to art. 81 l, al. 10.

(7) the conditions and procedures for the certification of transmission system operators shall be determined by the Ordinance under art. 60.

Art. 81 (b). (1) where certification is requested by the owner or operator of the transmission network, which is controlled by a person or persons from a third country or third countries, the Commission shall inform the European Commission.

(2) the Commission shall immediately inform the European Commission of any circumstance that may lead to the acquisition of control over a transmission system operator or a transmission network of persons from third countries.

(3) transmission system operators shall notify to the Commission any circumstance that may lead to the acquisition of control over a transmission system operator or a transmission network of persons from third countries.

(4) the draft decision of the Commission for the certification of a transmission network, which or whose owner is controlled by persons from third countries, according to the project of withdrawal of certification is accepted within 4 months from the date of receipt of the request under paragraph 1. 1.

(5) the certification requested by the persons referred to in para. 1 shall be refused where it has not been demonstrated that: 1. the entity concerned complies with the requirements for the independence of the transmission network operator and

2. certification will not put at risk the security of supply of electricity and gas of the Republic of Bulgaria and the European Union, taking account of:


a) the rights and obligations of the European Union in respect of the third country arising from international law, including any agreement concluded with one or more third countries to which the European Union is a party and which address the issues of security of supply of electricity and natural gas;

(b)) the rights and obligations of the Republic of Bulgaria with regard to third country arising under agreements concluded with it, insofar as they are consistent with European Union law and

in) other specific facts and circumstances relevant to the case and the third country concerned.

(6) Certification, except in the case referred to in paragraph 1. 5, and shall be refused when:

1. can lead to violating Security of supply in the Republic of Bulgaria or security of supply in another Member State of the European Union;

2. can endanger national security and public order;

3. The European Commission has given a negative opinion on the certification.

(7) the Council of Ministers shall adopt a decision assessing whether or not there are circumstances under para. 5, item 2 and al. 6, paragraphs 1 and 2, at the request of the Commission, which shall be accompanied by all relevant information. The decision of the Council of Ministers is binding on the Commission.

(8) the draft decision referred to in paragraph 1. 4 for the certification of a transmission network, which or whose owner is controlled by a person or persons from a third country or third countries, together with all the related information shall be submitted immediately to the European Commission for an opinion on whether the requirements are met for the independence of the transmission system operator and whether certification will not put at risk the security of supply of electricity and natural gas to the European Union.

(9) the Commission shall take a final decision on the certification of a transmission system operator, or whose owner is controlled by persons from third countries in accordance with the opinion of the European Commission within two months following receipt of the request or of the expiry of the time limit for the receipt of such an opinion.

(10) the time limit for the receipt of the opinion of the European Commission shall be two months, and in the event that the European Commission has requested an opinion from the ASSER-4 months, and run from the presentation of the draft decision in para. 8 and the relevant information.

(11) the decision referred to in paragraph 1. 9 shall be submitted to the European Commission, together with all the related information and published, together with the opinion of the European Commission, and the decision to deviate from that opinion-and considerations on which the decision is based.

(12) the conditions and procedure for certification shall be determined by the Ordinance under art. 60 and the guidelines of the European Commission regarding the certification procedure under para. 1-11.

Art. 81. The transmission system operator, who is also the owner of the transmission network, cannot be acquired directly or indirectly control or rights to be exercised by undertakings performing any of the activities: the production of electrical energy, production of gas from renewable sources, extraction of natural gas or the supply of electricity or natural gas.

Art. 81. (1) the operator of a transmission system operator shall develop, in consultation with all interested parties and submitted to the Commission by 30 April of each year a 10-year plan that:

1. shows to market participants the main transmission infrastructure that provides for the construction, extension, reconstruction and modernization over the next 10 years;

2. contain all the investments already decided and determined new investments to be made over the next three years;

3. provides a schedule for all investment projects.

(2) in the preparation of the 10-year plan for the development of the transmission system operator of the transmission network shall comply with the available information on upcoming changes in production, consumption and exchanges with other countries, including studies, plans and estimates under art. 87, para. 3, and taking into account investment plans for regional networks and networks in the European Union. In the preparation of the 10-year plan for the development of the transmission network operator shall comply with investment plans for storage facilities for natural gas.

(3) the Commission shall consult all current or potential system users on the 10-year plan for the development of the transmission network in an open and transparent manner. By the persons or undertakings claiming to be potential system users may be required to substantiate their claims. The results of the consultation process, including the possible investment needs to be published on the Commission website on the Internet.

(4) the Commission shall examine whether the 10-year plan for the development of the transmission network covers all investment needs identified in the consultation process, and whether it is in accordance with the 10-year plans for the development of networks in the European Union.

(5) the Commission shall monitor and evaluate the implementation of the 10-year plan for the development of the transmission network.


(6) unless there are compelling reasons beyond his control, when independent transmission operator does not make an investment, which, under the 10-year plan for the development of the transmission network should be undertaken in the next three years, the Commission requires the operator to carry out the necessary investments, if you still need to be carried out, as well as to provide a refund of the cost of these investments through prices for network services.

Section Ii

An independent transmission operator

Art. 81 (1) independent transmission operator of the transmission network for electricity or natural gas – part of a vertically integrated undertaking, is a joint-stock company with a two-tier system of Government.

(2) the Governing Council of the independent transmission operator shall take decisions relating to the ongoing activities of the operator of the transmission network, network management and activities necessary for the preparation of the 10-year network development plan.

(3) the members of the Governing Council of the independent transmission operator shall be elected and removed by the Supervisory Board. The Supervisory Board shall immediately send the Commission decisions to choose from, as well as information on the conditions governing the term, the duration and termination, the working conditions, including remuneration, according to parole decisions, together with the reasons for them. Decisions give rise to action, if, within three weeks of notification, but not less than the time limit for appeal under para. 7, the Commission does not object to them.

(4) the Commission shall be informed of the decisions:

1. election of a member of the Governing Council of the independent transmission operator;

2. the early release of a member of the Governing Council of the independent transmission operator after its receipt by the person shall be released.

(5) the members of the Governing Council of the independent transmission operator:

1. don't take up a responsible professional position, have no economic interest or business relationship, directly or indirectly, with any part of the vertically integrated undertaking or with its shareholders, who have the control package of shares;

2. they have no interest in or receive no financial benefit, directly or indirectly, from any part of the vertically integrated undertaking;

3. receive remuneration does not depend on activities or results of the vertically integrated undertaking other than those of the operator of the transmission network.

(6) a majority of the members of the Governing Council of the independent transmission operator are persons within three years prior to their appointment are not held responsible professional position, had no interest or business relationship, directly or indirectly, with the vertically integrated undertaking or any part of it other than the transmission system operator, or with its shareholders holding the control package of shares. Other members of the Board are persons who, for a period of at least six months before their appointment have exercised no management or other similar activity in the vertically integrated undertaking.

(7) the members of the Governing Council of the independent transmission operator shall have the right to appeal against the decision of the Supervisory Board for early termination of contracts for the procurement of management to the Commission by the procedure of art. 22, para. 1, item 4 within 7 days of receipt of the decision.

(8) after the termination of their term of Office the members of the Governing Council of the independent transmission operator does not occupy the professional responsibility Office, interest or business relationship with any part of the vertically integrated undertaking other than the transmission system operator, or with its shareholders, who have the control package of shares for a period of not less than 4 years.

(9) the provisions of paragraphs 1 and 2. 5, al. 6, first sentence and paragraph. 8 shall apply in respect of persons who report directly to the members of the Governing Council of the independent transmission operator in matters relating to the operation, maintenance and development of the network.

(10) the persons referred to in para. 9 upon termination of their employment relationship may appeal the suspension to the Commission by the procedure of art. 22, para. 1, item 4 within 7 days of receipt of the order for termination by Al shall apply accordingly. 3.

(11) the Commission may object to the decision:

1. election of a member of the Governing Council of the independent transmission operator when there are doubts about his professional independence;

2. the early release of a member of the Governing Council of the independent transmission operator, when there are doubts about the reasons for this early release.

Art. 81. (1) the Supervisory Board of the independent transmission operator shall adopt the decisions which may have a significant impact on the value of the assets of the operator of the transmission network, including decisions relating to the approval of the annual financial plans, the level of indebtedness of the transmission network operator and the operator binding General Assembly decisions on the amount of the dividends shall be distributed among the shareholders.

(2) the members of the Supervisory Board of the independent transmission operator shall be elected by the general meeting of shareholders. The Supervisory Board consists of 3 to 7 persons, as for the choice shall be notified to the Commission. The decision of the general meeting of shareholders shall take effect if, within three weeks of notification the Commission objected to the choice of half minus one of the members of the Supervisory Board on the grounds referred to in art. 81 e, para. 11, item 1.


(3) the provisions of art. 81 e, para. 7 and para. 11, paragraph 2 shall apply to all members of the Supervisory Board of the independent transmission operator and art. 81 e, para. 3, 4, 5, al. 6, first sentence and paragraph. 8 shall apply accordingly for at least half minus one of the members of the Supervisory Board.

Art. 81. (1) the independent transmission operator of the transmission network for electricity or natural gas has all the human, technical, physical and financial resources necessary for the performance of their obligations to carry out the activity in the transmission of electrical energy or natural gas.

(2) the operator under paragraph 1. 1 is the owner of the assets necessary for the transmission of electrical energy or natural gas, including the transmission network, and has its own identity, separate headquarters, staff and used self equipment and legal, accounting and information services.

(3) without prejudice to the decisions of the supervisory body pursuant to art. 81, al. 1, the independent transmission operator has the right to make decisions independently of the vertically integrated undertaking with respect to assets necessary for the operation, maintenance or development of the transmission network, as well as the power to propose binding General Assembly decisions on raising funds in the capital market through a loan or capital increase.

(4) the independent transmission operator shall appoint the required staff, as he could not recruit and provide staff and from other parts of the vertically integrated undertaking.

(5) it is prohibited to the provision of services of independent transmission operator:

1. power grid from other parts of the vertically integrated undertaking performing production activities or supply of electricity;

2. gas network from other parts of the vertically integrated undertaking performing activities or production of natural gas.

(6) the independent transmission operator may provide services of a vertically integrated undertaking, provided that the provision of these services:

1. does not lead to discrimination between system users;

2. is available to all network users under the same terms and conditions;

3. no limited, does not prejudice and not prevent competition in generation or supply.

(7) the Commission approves terms and conditions for provision of the services under para. 6.

(8) the independent transmission operator does not disclose any information that is a trade secret, the remaining parts of the undertaking, unless this is necessary for the conclusion of a trade transaction. In transactions for sales or purchases from associated undertakings, operators may not abuse the information, trade secret obtained from third parties in the context of providing or negotiating access to the system.

(9) the independent transmission operator through its corporate identity, communication, branding and sites does not create confusion in respect of the separate identity of the vertically integrated undertaking or any part thereof.

(10) the independent transmission operator and any other part of the vertically integrated undertaking performing activities in the supply or production of electricity or natural gas, private systems or information technology equipment, facilities and security systems in terms of access to them, as well as various consultants or external contractors for the systems or information technology equipment and security systems in terms of access.

(11) the independent transmission operator shall notify the Commission of the planned transactions, which may require a reassessment of their compliance with the requirements of it of independence.

(12) the independent transmission operator performs an independent audit by an auditor different from that of the vertically integrated undertaking and the companies in it.

(13) the requirement of paragraph 6. 2 shall be deemed to be fulfilled where two or more undertakings which own transmission systems have created a joint venture, acting as operator of the transmission network in the Republic of Bulgaria and in another/other Member States of the European Union. No other undertaking may be part of the joint venture, unless it has been approved as an independent transmission operator or as an independent system operator of the transmission network.

Art. 81. (1) the vertically integrated undertaking shall not perform acts damaging or impeding the independent transmission operator in carrying out its duties under the Act, and the independent transmission operator did not ask permission from the vertically integrated undertaking to carry out its duties under this section.

(2) without prejudice to the decisions of the supervisory body pursuant to art. 81, al. 1, the vertically integrated undertaking shall promptly provide the independent transmission operator sufficient financial resources for future investment projects and/or for the replacement of existing assets on reasonable and cost-effective request by the operator.

Art. 81. (1) the subsidiaries of the vertically integrated undertaking performing functions of production or supply shall not have a direct or indirect holding in the capital of the independent transmission operator. The operator has no direct or indirect participation in the capital in any subsidiary of the vertically integrated undertaking performing functions of production or supply, nor receive dividends or any other financial benefit from this subsidiary.


(2) the overall management structure and statutes of the independent transmission operator shall ensure its effective independence. The vertically integrated undertaking shall not determine directly or indirectly the competitive conduct of the operator in respect of its current activities and management of the network, or in relation to activities necessary for the preparation of the 10-year network development plan developed pursuant to art. 81.

(3) any commercial and financial relations between the vertically integrated undertaking and the independent transmission operator, including loans provided by the operator of the vertically integrated undertaking shall be carried out under market conditions. The operator shall keep detailed records of these commercial and financial relations and provides, upon request, access to it by the Commission.

(4) the independent transmission operator shall submit for approval by the Commission, all commercial and financial agreements with the vertically integrated undertaking.

(5) the independent transmission operator shall notify the Commission of the financial resources provided under art. 81 h, para. 2.

Art. 81 HP. (1) the independent transmission operator shall develop and implement a compliance programme, stating the measures to prevent discriminatory behaviour of the operator, as well as the specific obligations of employees of the operator to achieve that goal. The compliance programme shall enter into force after approval by the Commission.

(2) on the implementation of the compliance programme is assigned to the person selected for the compliance officer of the Supervisory Board of the independent transmission operator. The choice of the compliance officer shall be approved by the Commission, which may refuse approval on the basis of lack of independence or professional competence. Requirements for independence and the order of selection, notification to the Commission and release under art. 81 e, para. 3-8 and 10 shall apply to those responsible for compliance.

(3) in the exercise of his powers the compliance officer shall:

1. monitor the implementation of the compliance programme and shall submit to the Commission quarterly reports on its implementation;

2. prepare and submit annually to the Commission an annual report which shall indicate the measures taken for the implementation of the compliance programme;

3. shall prepare and submit to the Supervisory Board report and recommendations on the compliance programme and its implementation;

4. inform the Commission for substantial irregularities in the implementation of the compliance programme and for any commercial and financial relations between the vertically integrated undertaking and the operator;

5. inform the Commission of the proposed decisions relating to the plan for the development of the network or individual investment before presentation to the operator by the Governing Council of the plans and decisions of the Supervisory Board;

6. notify the Commission of decisions of the general meeting of the vertically integrated undertaking or for voting by the members of the Supervisory Board of the operator with which it is prevented or delayed the implementation of investments provided for the preceding three years, according to the 10-year network development plan;

7. monitor compliance with art. 81 g, para. (8);

8. report to the Commission and has the right to report to the Supervisory Board of the operator.

(4) the compliance officer shall have the right, without prior notice, the permanent access to all relevant information and to the premises of an operator, in so far as this is necessary for the performance of his duties.

(5) the compliance officer shall attend all meetings of the General Assembly, the management and the Supervisory Board of the operator and must attend the meetings, which dealt with the questions of:

1. conditions for access to networks, laid down in Regulation (EC) no 714/2009 and Commission Regulation (EC) no 715/2009;

2. investments and projects relating to the operation, maintenance and development of the transmission system, including interconnection;

3. the purchase of the energy necessary for technological costs for grid, respectively, for the operation of the transmission network.

(6) the compliance officer shall not be obliged to disclose the business, commercial and industrial secrecy, which have become known to or on the occasion of the performance of his duties.

(7) After prior approval by the Commission the Supervisory Board may exempt from compliance officer. He released those responsible for compliance on the basis of lack of independence or professional competence at the request of the Commission.

Section Iii

An independent system operator

Art. 81 l. (1) all or certain tasks of the independent transmission operator shall be awarded to an independent system operator at the request of the Commission in the systematic violation of the duties of the independent transmission operator associated with the requirements for independence, in accordance with section II of this chapter, including the systematic discriminatory behaviour in favour of the vertically integrated undertaking.

(2) For an independent system operator is defined a person proposed by the owner of the transmission system operator and approved by the Commission, in respect of which the following requirements are met:

1. the same person or the same persons are not entitled to:

a) directly or indirectly exercise control over an undertaking performing any of the operations in the production or supply of electricity or natural gas, and to directly or indirectly exercise control or hold rights to the operators of the transmission system operator or over a transmission system operator;


b) directly or indirectly exercise control over a transmission system operator or over a transmission system operator and to directly or indirectly exercise control or hold rights over an undertaking performing any of the operations in the production or supply of electrical energy or natural gas;

in the set) members of the Supervisory Board or the management of the transmission network operator or the owner of the transmission system operator and to directly or indirectly exercise control or hold rights over an undertaking performing any of the operations of production or supply, respectively for electricity or natural gas;

(d)) be members of the Supervisory Board or the management authorities of undertaking performing any of the operations of production or supply, and at the same time – the transmission system operator or the owner of the transmission system operator;

2. has all the human, technical, physical and financial resources necessary for the performance of their obligations to carry out the activity in the transmission of electrical energy or natural gas;

3. the obligation to respect is taken the development plan of the transmission system under art. 81 (d);

4. the candidate operator has demonstrated its ability to fulfil its obligations under Regulation (EC) no 714/2009 or regulation (EC) no 715/2009, including the cooperation of transmission system operators at European and regional level.

(3) within the meaning of para. 2, paragraph 1, letter "a", "b" and "c" enterprise rights means the right to vote, to appoint members of the Supervisory Board or the management of the undertaking or owning a majority stake.

(4) an independent system operator certification is carried out by the procedure of art. 81 or 81 (b) fulfil the conditions referred to in paragraph 1. 2 and the owner of the transmission system demonstrated the ability to fulfil the obligations under para. 5 to submit all draft contractual agreements between the owner and the enterprise – candidate for the independent system operator and other relevant agreements.

(5) where an independent system operator is designated, the owner of the transmission system: 1. to assist the independent system operator in the performance of its tasks, including by providing all necessary information;

2. finance the investments that the independent system operator has decided to make and which have been approved by the Commission, or agrees to be financed by any interested party including the independent system operator;

3. ensure the coverage of liability relating to the network assets, excluding the liability associated with the tasks of the independent system operator;

4. provide the guarantees necessary for facilitating the financing of all extensions of the network, with the exception of investments, for which, in accordance with item 2 has given consent to be financed by any interested party including the independent system operator.

(6) the financial agreements under paragraph 1. 5, item 2 shall be approved by the Commission after consultation with the owner of the transmission system and with other stakeholders.

(7) the independent system operator shall be responsible for granting and managing third party access, including the collection of all claims relating to the transmission, as well as for the operation, maintenance and development of the network and for ensuring the long term ability to meet reasonable demand through investment planning. When developing plans for the development of the grid, the independent system operator shall be responsible for the planning, including procedures for obtaining permits, construction and commissioning of the new infrastructure. The owner of the network is not responsible for the provision and management of third-party access, nor for investment planning.

(8) the implementation of the obligations of the owner of the transmission system operator referred to in paragraph 1. 5 is controlled by the Commission for protection of competition in cooperation with the Commission.

(9) where a person referred to in paragraph 1. 2, item 1, the Bulgarian State or public authority shall not be considered one and the same person or persons two public bodies, one of which exercise control over a transmission system operator or over a transmission system operator, and the other on an undertaking performing any of the functions of production or supply, yield.

(10) the decision for the establishment of an independent system operator shall be taken after completion of the procedure under paragraph 1. 4 shall be subject to approval by the European Commission and published in the official journal of the European Union of the decision of the European Commission.

Art. 81 meters (1) in determining the independent system operator, the power grid, the owner of the network, which is part of a vertically integrated undertaking, is independent in terms of legal form, organisation and decision making from the other activities of the vertically integrated undertaking not relating to the transmission of electrical energy.

(2) in order to ensure the independence of the owner of the power grid in the Al. 1, the persons responsible for managing:

1. do not participate in company structures of the integrated energy undertaking responsible, directly or indirectly, for the day-to-day operation of the generation, distribution, public procurement and trade;

2. take decisions independently in the performance of the tasks entrusted to them by this Act and obligations in respect of them are taken appropriate measures, taking into account their professional interests, in order to ensure the ability to act independently;


3. are required to prevent discriminatory behaviour in the performance of their assigned duties by this Act.

(3) the owner of the power grid, shall draw up a programme which sets out measures for the implementation of paragraphs 1 and 2. 1 and 2, containing the specific obligations of employees to meet her as a determined person responsible for monitoring the implementation of the programme.

(4) the owner of the power grid is required to protect the confidentiality of information that is a trade secret, when received and on the occasion of its activity and may result in commercial benefits. Information shall be provided under conditions of equality.

(5) the person referred to in paragraph 1. 3 shall submit to the Commission an annual report on the measures referred to in paragraph 1. 3, which shall be published on the website of the owner of the power grid.

Art. 81. (1) in determining the independent system operator and the owner of the network the network operator of a facility for the storage of natural gas, which are part of a vertically integrated undertaking, are independent in terms of the legal form, organisation and decision making from the other activities of the vertically integrated undertaking not relating to transmission, distribution and storage of natural gas.

(2) in order to ensure the independence of the transmission network owner and operator of a facility for the storage of natural gas in the Al. 1, the persons responsible for managing:

1. do not participate in company structures of the integrated energy undertaking responsible, directly or indirectly, for the day-to-day implementation of the extraction of natural gas, production of gas from renewable sources, public supply and marketing of natural gas;

2. take decisions independently in the performance of the tasks entrusted to them by this Act and obligations in respect of them are taken appropriate measures, taking into account their professional interests, in order to ensure the ability to act independently;

3. are required to prevent discriminatory behaviour in the performance of their assigned duties by this Act.

(3) the owner of the gas network and the operator of a facility for the storage of natural gas draw program, stating the measures to comply with the Al. 1 and 2, containing the specific obligations of employees to meet her, is defined as person responsible for the supervision on the implementation of the programme.

(4) the person referred to in paragraph 1. 3 shall submit to the Commission an annual report on the measures referred to in paragraph 1. 3, which shall be published on the Internet pages of the transmission network owner and operator of a facility for the storage of natural gas.

(5) the transmission network Owner is obliged to protect the confidentiality of information that is a trade secret, when received and on the occasion of its activity and may result in commercial benefits. Information shall be provided under conditions of equality.

(6) the company, which owns the operator of a facility for the storage of natural gas, does not give orders in respect of its current activity and do not take decisions concerning the construction or upgrading of the facility for the storage of natural gas outside of the approved business plans.

Section Iv

Transmission system operators, separated by property

Art. 81 Oh. (1) any undertaking which acquires the transmission network after certification, function as operator of the transmission network.

(2) the establishment of al. 1 do not carry out activities for the production of electrical energy, production of gas from renewable sources, extraction of natural gas or the supply of electricity or gas and is not part of a vertically integrated undertaking, in which such activities are carried out.

(3) the operator under paragraph 1. 1 meets the requirements of art. 81 g, para. 1 and art. 81 l, al. 2, paragraphs 1 and 2. Respectively apply art. 81 g, para. 11 and 13, art. 81 l, al. 3 and 9 and art. 81 m, al. 4, according to art. 81 h, para. 5.

(4) the Operator of a transmission system operator which was part of a vertically integrated undertaking, is obliged to protect the confidentiality of information that is a trade secret and was received on the occasion and its activities.

(5) the requirement under subsection. 1 shall be deemed to be fulfilled where two or more undertakings which own transmission systems have created a joint venture, acting as operator of the transmission network in the Republic of Bulgaria and another Member State of the European Union, in respect of the transmission networks. No other undertaking may be part of the joint venture, unless it has been approved as an independent transmission operator or as an independent system operator of the transmission network.

§ 66. In art. 82 para. 2 shall be amended as follows:

(2) power system covers production sites energy electric power grid, the electricity distribution networks and electrical systems. "

§ 67. In art. 83 following amendments and supplements shall be made:

1. Paragraph 1 shall be amended as follows:

(1) this device and the operation of the power system shall be carried out in accordance with the provisions laid down in:

1. Regulation on the device of the electrical systems and power lines, which regulates technical standards for the design and construction of electrical systems and power lines;


2. the Ordinance on technical operation of power plants and networks, which regulates procedures for the Organization and technical operation of power plants and networks of power stations for the production of electricity and/or heat, the heat transfer networks, mechanisms, facilities of hidrotehničes plants and their mechanical parts (and management and technical operation of power plants and networks);

3. the Ordinance on technical operation of electrical products and installations, which regulates the rules for maintaining the technical order and rules for safe operation of electrical installations and facilities of enterprises connected to electrical transmission and/or electricity distribution network;

4. rules for the management of power system governing the rights and obligations of the operator of the grid to the grid and associated persons in connection with the development of grid planning, planning and management of the modes of operation of the electricity system, the statutory procedures for the exchange of data, rules for disclosure and exchange of operational information, creation and implementation of a secure plan and a recovery plan for the power system , conditions and procedure for conducting system tests and for the provision of additional services, terms and conditions for access to the electricity transmission network for the transmission of electricity through the grid, for the application of the standards of security and quality of supply of electrical energy in the grid, and the services provided;

5. rules for the management of the electricity distribution networks that regulate the rights and obligations of the operator of the distribution network and joined to the network entities in connection with the development of the network planning, planning and management of the electricity network, the procedures for the compulsory exchange of data, the order for disclosure and exchange of operational information, creation and execution of local defense and plan for the provision of additional services , the terms and conditions for access to the electricity distribution networks for the transmission of electric power in electric networks for security and quality standards for the supply of electric power in electric networks and services;

6. rules for the measurement of the amount of electric power, governing principles of measurement, methods of measurement, and the terms and conditions of their service, including establishing cases of unmeasured, incorrect and/or inaccurate measured electrical energy, as well as the establishment, maintenance and access to a database of registration by means of trade measurement. "

2. in the Al. 2, the second sentence, add "and published by energy companies and the Commission on their websites.

§ 68. In art. 84 following amendments and supplements shall be made:

1. The current text becomes paragraph 1.

2. Al are created. 2-7:

(2) producers of electrical energy are required to conclude contracts with the operator access to the grid and/or operator of the electricity distribution system in which govern the rights and obligations of the parties in connection with the dispatching, the provision of cold reserve and additional services.

(3) contracts under para. 2 are a condition for execution of contracts for the sale of electric energy, including the implementation of contracts under art. 93 and art. 94 a, para. 3.

(4) producers of electrical energy are required to comply with the standards of quality and reliability of the produced electrical energy in accordance with the rules of art. 83, para. 1, item 4 and 5 with a view to ensuring the security of the power system.

(5) producers who fail to comply with the standards of quality and reliability in the Al. 4 in accordance with the rules of art. 83, para. 1, item 4 and 5 may be excluded from the system by a network operator to remove the disparities.

(6) the producers of electricity from thermal plants with combined heat and power are required:

1. to maintain electrical power for the production of electric power with achieved high efficiency indicators corresponding to the useful heat load if not agreed buyout of more power as a result of contracts concluded pursuant to Chapter 9, section VII, or not otherwise specified by the operator of the network;

2. to ensure that the operator of the grid and/or operator of the electricity distribution system for operative control of the production of electric energy produced by highly efficient combined way, combined electrical power without achieved indicators for high efficiency cogeneration and of the quantities of electrical energy, unpaired (kicker) necessary to ensure the operational reliability of the main facilities.

(7) the conditions and manner of performance of the obligations under para. 6 is agreed in the contract between the manufacturer and operator of the grid and/or operator of the electricity distribution system. In cases when the plant was incorporated at once to power transmission and electricity distribution network, the conditions and manner of performance of the obligations under para. 6 agree in the contract between the manufacturer and the operators of the networks. "


§ 69. In chapter nine in the title of section III, the words "and management of power system" shall be deleted.

§ 70. Article 86 is amended as follows:

"Art. 86. (1) the transfer of electrical energy is done by the operator of the electric transmission network, received a licence for the transmission of electric energy and certified pursuant to Chapter 8, section I.

(2) the transfer and transformation of electric power is a service of public interest, which is dispečira by the operator on the grid.

(3) the activity of electricity transmission, and includes:

1. representation of the grid operator and contacts with third countries, with the regulatory authorities of the other Member States of the European Union, as well as representation in the framework of the European network of transmission system operators (entso for electricity);

2. collection of all claims relating to the transmission, including access, additional services payments for levellers, like buying services (costs of balancing energy for losses), as well as for overload compensation mechanism between transmission system operators in accordance with art. 13 of Council Regulation (EC) no 714/2009;

3. the operation, maintenance and development of a safe, efficient and economical power grid to ensure open market, comply with the requirements for environmental protection, energy efficiency and efficient use of energy;

4. investment planning ensuring the long-term capacity of the system to meet reasonable demand and guaranteeing security of supply;

5. the establishment of appropriate joint ventures, including one or more operators of electricity networks, power exchanges and other relevant actors, in order to develop the creation of regional markets or to facilitate the process of liberalization, and

6. all corporate services, including legal services, accounting services and information technology.

(4) the operator of the grid at all times act so as to ensure availability of the necessary resources for the implementation of the transfer activity in an appropriate and effective manner, and for the development and maintenance of an efficient, safe and economical transmission network. "

§ 71. In art. 87 is hereby amended as follows:

1. In paragraph 8. 1, the words ' Transmission undertaking ' shall be replaced by "the grid".

2. paragraph 2 is replaced by the following:

"(2) the operator of a power grid provides:

1. the unified management of the power system and the reliable operation of the power grid, including the availability of all necessary ancillary services;

2. the transmission of electrical energy in the grid, the provision and management of access of third parties on a non-discriminatory basis between Paul zvateli of the network or groups of network users;

3. maintenance of premises and facilities of the power grid in accordance with the technical requirements and with safety at work;

4. the coordinated development and interoperability of the interconnected grid with electricity networks;

5. maintenance and development of secondary networks;

6. the measurement of electrical energy in the power grid. "

3. in the Al. 3:

and in the text) before item 1, the words "the electric energy system operator ' shall be replaced by" the power grid ";

b) point 2 is amended as follows:

2. arrange for studies of the possibilities for extension and modernization of the power grid with a view to the entry into service of new capacity, the decommissioning of the existing production capacities, the accession to the grid of new customers, increasing the amount of transmitted power, the introduction of new technologies, ensuring higher quality and reliability of the services provided, and efficiency of operations; the studies shall be accompanied by a technical-economical and environmental analysis; "

in point 3) shall be replaced by the following:

3. draw up short-, medium-and long-term forecasts and plans for the extension and modernization of the power grid and the development of secondary networks, including with the aim of improving the security of supply; "

d) in item 5, the word "list" is replaced by "project of inventory".

§ 72. Article 88 shall be amended as follows:

"Art. 88. (1) the distribution of electricity and the operation of the electricity distribution networks are carried out by the operators of the electricity distribution networks – owners of such networks of designated area, licensed to carry out the distribution of electricity to the area.

(2) distribution of electricity is a service of public interest. "

§ 73. Article 89 shall be amended as follows:

"Art. 89. for the licensed territory, covered by the distribution network operator of the distribution network provides: 1. distribution of electrical energy, received in grid;

2. continuity of supply and quality of supplied electrical energy;

3. management of the distribution network;

4. maintenance of the electricity network, objects and installations and auxiliary networks in accordance with the technical requirements;


5. enlargement, reconstruction and modernization of the electricity grid and of networks subsidiary, comply with the requirements for environmental protection, energy efficiency, and effectively use the a show of energy;

6. measurement of electrical energy in the electricity distribution network;

7. other services related to licensing business. "

§ 74. In art. 90 is hereby amended as follows:

1. the text before point 1 shall be replaced by the following: "operator of the distribution network:".

2. In paragraph 2 the word "distribution" is replaced by "electricity".

3. In paragraph 3 the words ' transmission undertaking ' shall be replaced by "the grid".

§ 75. In art. 91 following amendments and supplements shall be made:

1. In paragraph 8. 1 the words "the organized market ' shall be replaced by ' of the stock market and the balancing market.

2. in the Al. 2 creates a second sentence: "the rules are published by the energy companies and the Commission on their websites."

3. Paragraph 3 is replaced by the following:

"(3) to the rules referred to in paragraph 1. 2 define the rules for the supply of Terminal suppliers and providers of last resort, rules for data exchange, the route of administration of transactions, notification of hourly schedules, organization and operation of the stock market, the market of balancing energy and the market for the provision of transmission capacity, the mechanisms for setting prices for disbalance, as well as the registration of individual types of balancing groups and the activity of the coordinators of the balancing groups. "

§ 76. Article 92 is amended as follows:

"Art. 92. Parties to the transactions with electric power are:

1. the public supplier of electrical energy;

2. the final supplier of electrical energy;

3. the manufacturer;

4. final customer;

5. operator of the grid;

6. the operator of an electricity distribution system;

7. Merchant of electrical energy;

8. the supplier of last resort;

9. the Coordinator of the balancing group. "

§ 77. In art. 93 and following amendments and supplements shall be made:

1. In paragraph 8. 1 the term "transmission" is replaced by "power".

2. in the Al. 2 the words "item 17 (a) ' shall be replaced by" 21 ".

3. a para. 3:

"(3) in the cases referred to in para. 2 public service provider determines the hourly amounts for each day for each of the headquarters, taking into account the manufacturing characteristics of their units, the estimated operating modes and the estimates of the Terminal suppliers, so the quantities are required for producers. "

§ 78. In art. 94 and following amendments and supplements shall be made:

1. Paragraph 1 shall be amended as follows:

"(1) the supplier ensures the supply of electrical energy of objects of household and non-household customers, connected to the electrical distribution network of low voltage level, in the relevant licence territory where these clients are not sourcing from another provider."

2. in the Al. 2 the words "universal service" are replaced by "service of public interest", and finally "be added in accordance with the rules of art. 21, para. 1, item 10.

3. in the Al. 3 the word "distribution" is replaced by "electricity".

§ 79. Article 95 shall be replaced by the following:

"Art. 95. (1) each customer has the right to choose the supplier of electric power regardless of in which Member State of the European Union, the supplier is registered, as long as the provider complies with rules under art. 91, para. 2.

(2) the operator of a network performs switching in accordance with the rules of art. 91, para. 2 to 3 weeks after receipt of the written request of the customer.

(3) change of supplier in compliance with the contractual conditions is not accompanied by additional obligations for the customer.

(4) each provider shall prepare and send a final balancing account with a choice of another supplier, within 6 weeks after the change of the supplier.

(5) When delivery under para. 1 is refused by the provider in another Member State of the European Union, because the customer does not have the right to choose the supplier in the other State shall, at the request of the customer, the Commission shall inform the regulatory authority of the other State, and if necessary – and the European Commission to take action for annulment of the refusal. "

§ 80. Art is created. 95A:

"Art. 95. (1) the provider of last resort ensures the supply of electricity to final customers, who may not be customers of the provider under art. 94 a, para. 1 to the choice of another supplier or selected vendor does not supply beyond the end customer reasons.

(2) the supply of electricity under para. 1 is a service of public interest within the meaning of this law, which shall be granted on the basis of a contract under the terms and conditions under the conditions of equality in accordance with the rules of art. 91, para. 2. "

§ 81. (A) Article 96 shall be amended as follows:

"Art. 96. (1) the Coordinator of the balancing group is a person to whom a licence has been issued for any of the activities referred to in art. 39, para. 1, item 1-3, 5-7, 10 or 13, eligible for financial guarantee any of it deals with the requirements laid down in rules for electricity trading, and that has been registered by the operator on the grid.

(2) the Licensees for activities of electricity transmission and distribution of electric energy can be incorporated into a special balancing group under the conditions and in accordance with the procedures laid down in rules for electricity trading.

§ 82. Article 97 shall be replaced by the following:

"Art. 97. (1) The prices are regulated by the Commission conclude transactions in electricity between:


1. the public supplier and operator of the grid, respectively between the public provider and the operators of distribution networks – for the electrical energy necessary to compensate for the technological costs of transmission, distribution, respectively;

2. manufacturers and the suppliers or the public provider of the quantities of electrical energy, fixed by the Commission in the framework of the appropriations are available under art. 21, para. 1.21;

3. the public supplier and the suppliers of the quantities of electrical energy, laid down by the Commission pursuant to art. 21, para. 1.21;

4. Terminal suppliers and household and non-household customers – for objects connected to the electrical distribution network of low voltage level when these customers have chosen another supplier.

(2) the operator of a power grid make deals with operators of neighboring systems of mutual offset the impact of cross-border flows of electricity. "

§ 83. In art. 98 and following amendments and supplements shall be made:

1. In paragraph 8. 2:

(a) in item 2) add "and the rights and obligations of the parties to the Treaty";

(b)) a new item 4:

"4. the order and time limits for payment, including the option for the payment of monthly contributions;"

in the current item 4) became item 5;

(d)) that shall be 6:

"6. the order of the customer notification during adjustment of account in accordance with the rules of art. 83, para. 1, item 6:

a) in favour of the supplier for the consumed electric energy in the case of unmeasured, incorrect and/or inaccurate measured electrical energy due to unlawful accession, a change in the connection or improper impact on appliances, equipment or devices under art. 120, para. 3;

(b)) for the benefit of the customer for the consumed electrical power in the event of incorrect and/or inaccurate measured electrical power due to damage to the equipment, installations or devices under art. 120, para. 3. "

2. in the Al. 4, the words "customers who buy electricity from ' shall be replaced by" customers ".

3. in the Al. 5 the word "users" is replaced by "customers".

§ 84. Article 98 (b) is repealed.

§ 85. Article 98 is amended as follows:

"Art. 98. The relationship between the final supplier, respectively, a supplier of last resort, or merchant, and operator of the electricity distribution network in connection with the supply of electricity to final customers connected to the distribution networks are governed by the rules for electricity trading.

§ 86. In art. 99 is hereby amended as follows:

1. In paragraph 8. 1 the words "the electric energy system operator ' shall be replaced by" the grid ".

2. in the Al. 2 and 3 the words "the electric energy system operator ' shall be replaced by" the grid ".

3. Paragraph 4 is replaced by the following:

"(4) the operator of a power grid deal to settle nebalansi with coordinators of balancing groups and with persons who due to their non-participation in balancing groups are responsible for their own nebalansi."

4. in the Al. 5, the words "the electric energy system operator ' shall be replaced by" the grid ".

§ 87. Article 100 shall be replaced by the following:

"Art. 100. (1) Deals with electrical power at freely negotiated prices may conclude manufacturers, retailers of electricity, providers of POS ledna instance and end customers.

(2) the public electricity provider can sell bought by the procedure of art. 93 a, para. 1 electric power at freely negotiated prices. "

§ 88. In art. 101 the following modifications are made:

1. The first subparagraph of paragraph 1 shall be repealed.

2. in the Al. 2 the words "the electric energy system operator ' shall be replaced by" the grid "and the words" the owners of the means of trade measurement "is replaced by" operators of distribution networks ".

§ 89. In art. 102 the following modifications are made:

1. In the text before point 1, the words "public suppliers of electricity ' shall be deleted, the words" and eligible customers "are replaced by" providers of last resort and the customers ' and the words ' or registered in a Member State with which the Republic of Bulgaria has been agreed under the international instrument on the mutual application of the law of the European Communities ' shall be deleted.

2. In paragraph 1, the words "public suppliers of electricity ' shall be deleted and the words" eligible customers "are replaced by" clients ".

3. In paragraph 2, the words "eligible customers" are replaced by "customers".

4. point 3 shall be replaced by the following:

3. provided that the customers under art. 94 a, para. 1 are provided with the necessary electrical power to certain quality indicators for transparent and reasonable prices. "

§ 90. In art. 103 following amendments and supplements shall be made:

1. In paragraph 8. 1, after the words "transactions of the organized" is added "stock".

2. paragraph 2 is replaced by the following:

"(2) organizing the exchange market of electrical energy is done by the person who has obtained a licence under art. 39, para. 1, item 6, that:

1. publish rules for the operation of the organized exchange market;

2. organize a receipt of bids for sale and purchase of electric energy;

3. carry out a comparison of the tenders for the sale and purchase for the period to cover the demand;

4. inform the participants about the transactions conducted on the market and taking into account the conditions and the changes made necessary by limitations in the capabilities of the transmission or emergency situations in the networks;

5. determine the price of the marketed electric power for each period;


6. publish the information required for I have in accordance with rules for electricity trading under art. 91, para. 2. "

§ 91. In art. 104 the following modifications are made:

1. Paragraph 1 shall be amended as follows:

(1) users of the network, with the exception of end customers, settled by a deal with relationship power operator and/or electricity network for the use of the Web for access to the network and for the transmission of the quantities of electrical energy received at the network or consumed by it. "

2. paragraph 2 is repealed.

3. in the Al. 3 the words "and (2)" are deleted.

§ 92. Art is created. 104A:

"Art. 104. (1) the end customers using power or the electricity distribution system, to which they are affiliated, in publicly available terms and conditions.

(2) the General conditions contain required:

1. information to be provided by the operator of power or the appropriate electrical distribution network;

2. the conditions for the cessation or interruption of supply;

3. the conditions for the quality and reliability of supply;

4. the liability of the operator in the unregulated and faulty supply;

5. order to notify the client when performing correction of account in accordance with the rules of art. 83, para. 1, item 6:

a) in favour of the supplier for the consumed electric energy in the case of unmeasured, incorrect and/or inaccurate measured electrical energy due to unlawful accession, a change in the connection or improper impact on appliances, equipment or devices under art. 120, para. 3;

(b)) for the benefit of the customer for the consumed electrical power in the event of incorrect and/or inaccurate measured electrical power due to damage to the equipment, installations or devices under art. 120, para. 3.

(3) the operator of a power or the appropriate electrical distribution network terms and conditions published at least in one central and one local daily newspaper.

(4) the published terms and conditions take effect for end customers without express written acceptance. "

§ 93. In art. 105, para. 1 the words "electrical power system operator ' shall be replaced by" the grid ".

§ 94. In art. 106 words "distribution networks distribution undertakings ' shall be replaced by" the electricity distribution network operators of distribution networks ".

§ 95. In art. 107 words "electric power system operator, public suppliers" shall be deleted and the words "transmission and distribution undertakings ' shall be replaced by" providers of last resort, the operator of power grid operators and electricity distribution networks.

§ 96. Article 108 shall be amended as follows:

"Art. 108. (1) the single operational planning, coordination and management of the power system shall be carried out by the operator on the grid and by the operators of each of the electricity distribution networks.

(2) the operational management and ensuring the reliable operation of the power system and electricity distribution networks are carried out by special units of the relevant operator (units for operational management). "

§ 97. In art. 109 make the following amendments and additions:

1. In paragraph 8. 1:

and in the text) before item 1, the words "the electric energy system ' shall be replaced by" electrical transmission network ";

(b) in item 4) add "and provide the users of the network of the information they need for efficient access to the network.

2. paragraph 2 is replaced by the following:

"(2) the provisions of the operational management of the power system connected with the operational management, are required for the units for operational management of the electricity distribution networks, producers of electrical energy and for customers connected to the power grid."

3. in the Al. 3 the words "the electric energy system operator ' shall be replaced by" the grid ".

§ 98. Article 109a is hereby repealed.

§ 99. In art. 110 the following modifications are made:

1. In paragraph 8. 1: a) the text before point 1 shall be replaced by the following: "for the purpose of measuring the quantities of electrical energy, the operator of electric transmission network and operators of electricity distribution networks in accordance with the issued licences provide them:";

b) in paragraph 1 the word "provide" shall be replaced by "provisions", and the words "the amount of electric energy, coming and leaving the transmission system ' shall be deleted;

c) in paragraph 2 the words "the amount of electrical power referred to in paragraph 1" shall be deleted.

2. in the Al. 2 the words "the electricity system operator ' shall be replaced by" the grid ".

3. Paragraph 3 is replaced by the following:

"(3) the coordinators of balancing groups, the public provider, the suppliers, the suppliers of last resort, traders and users of the networks receive information from the database of measurements of the relevant network operator under the conditions and pursuant to the rules of art. 91, para. 2. "

§ 100. In art. 111 following amendments and supplements shall be made:

1. In paragraph 8. 1:

and in the text) before item 1, the words "the electric energy system operator ' shall be replaced by" the power grid ";

b) in paragraph 2, the words ' concluded between the persons under item 1 contracts ' shall be replaced by "schedules";

c) in item 5, the words "the preliminary and final notifications" are replaced by "daily and monthly updates";

d) point 8 shall be replaced by the following:

"8. provides publicly available information about the job market and information on each trade participant relating to its participation in the market, in accordance with the rules of art. 91, para. 2. "

2. a para. 3:


"(3) upon request, the operator of the electric transmission network provides market participants against payment with additional information and references to prior periods."

§ 101. In art. 112 following amendments and supplements shall be made:

1. In paragraph 8. 1 the words "the electric energy system operator ' shall be replaced by" the grid ".

2. paragraph 2 is replaced by the following:

"(2) in the distribution of the electrical load to the grid operator shall ensure that the contracts, which provided for compulsory purchase of part or the whole of the produced electrical energy under this law, confirming the schedules of producers only if they consistently have complied with the obligations:

1. for the provision of reserve and additional services under contracts with the transmission system operator;

2. the contracts in accordance with a decision of the Commission under art. 21, para. 1.21;

3. delivery on other contracts. "

3. in the Al. 3 the words "the electric energy system operator ' shall be replaced by" the grid ".

4. in the Al. 4, the words "the electric energy system operator ' shall be replaced by" the grid ", and add" and violation of the rules for the operation of the balancing energy market. "

§ 102. In art. 113 is hereby amended as follows:

1. In paragraph 8. 1:

(a)) in the text before paragraph 1 the word "distribution" is replaced by "distribution";

b) in paragraph 1 the word "distribution" is replaced by "electrical distribution";

in) in item 4 the words ' users ' shall be replaced by "equality".

2. paragraph 2 is replaced by the following:

"(2) the provisions of the operational management of the electricity distribution system, related to the operational management, are required for the operational staff on duty from energy objects of final customers and producers of electricity, joined to the distribution system."

§ 103. In art. 113 and following amendments and supplements shall be made:

1. In paragraph 8. 1 the words "distribution undertaking" shall be replaced by "operator of the distribution network" and add "electrical energy".

2. in the Al. 2:

and in the text) before item 1 the words "distribution undertaking" shall be replaced by "the grid" and the word "distribution" is replaced by "distribution";

b) in point 1 the words "public supply" shall be replaced by ' supply from Terminal supplier ";

c) in item 2 Add "and the appropriate measures are taken, taking into account their professional interests, in order to ensure the ability to act independently."

3. in the Al. 3 the words "Distribution undertaking" shall be replaced by ' operator of the distribution network, and the second sentence shall be deleted.

4. a new para. 4:

"(4) the operator of the distribution network determines the compliance officer responsible for monitoring the implementation of the programme referred to in paragraph 1. 3, ensuring its independence, as well as access to information on the electricity distribution system operator and any affiliated companies, necessary for the performance of its tasks. "

5. The current paragraph. 4 it al. 5, and shall be amended as follows:

"(5) the operator of the distribution network shall draw up an annual report on the measures referred to in paragraph 1. 3, which shall be submitted to the Commission by those responsible for compliance and published in accordance with art. 15. "

6. Al are created. 6, 7 and 8:

(6) the operator of the distribution network in their communications, using its trade mark does not create confusion in respect of the separate identity of the part of the vertically integrated undertaking carrying out deliveries of electrical energy.

(7) the operator of the electricity distribution system shall have effective decision-making rights, independent from the integrated electricity undertaking, with respect to assets necessary to operate, maintain or develop the network.

(8) a company having electrical distribution network operator:

1. do not give instructions in respect of its current activity and do not take decisions concerning activities in the construction, extension, reconstruction or modernisation of the network when these activities are within the framework of the approved business plan;

2. apply appropriate coordination mechanisms to ensure the protection of its economic and governance lensko-supervisory rights in the company – operator regarding return on assets, as well as to approve the business plan of the operator and placed General restrictions on the level of his indebtedness. "

§ 104. In art. 114 words "power system and distribution ' shall be replaced by ' power transmission and distribution," and the words "in and on occasion" shall be replaced by "or" on the occasion.

§ 105. Article 115 shall be replaced by the following:

"Art. 115. The terms and conditions under which the activity takes place in the management of power system and electricity distribution networks, as well as the activities of the operational staff on duty from electro energy objects and electrical systems of final customers shall be determined by an Ordinance of the Minister of economy, energy and tourism. "

§ 106. In chapter nine in the title of section x, the word "users" is replaced by "customers".

§ 107. Article 116 shall be replaced by the following:


"Art. 116. (1) the operator of a power grid operator, respectively of the electricity distribution system, is obliged to join any object of a producer of electricity, located in the territory concerned, for which the manufacturer:

1. has entered into a written agreement of accession by price for accession under the Ordinance under art. 36, para. 3;

2. has fulfilled its obligations under the Treaty referred to in paragraph 1 and the regulatory requirements for accession to power or electricity network;

3. is there electrical switchgear constructed within the boundaries of your own property or the property in which has the right to build a responsible of the technical standards and requirements for the safe handling, and

4. has entered into a contract for access under art. 84, para. 2.

(2) the operator of a power grid operator, respectively of the electricity distribution system, is required to determine technically possible place of accession with regard to criteria for the secure operation of the electricity system and in accordance with approved plans for development of electrical networks.

(3) the operator of a power grid operator, respectively of the electricity distribution system, is obliged to carry out the extension and reconstruction of electric transmission or the electrical distribution network associated with joining the sites of manufacturers, to the point of joining.

(4) Electric units high and medium voltage, which serve for the connection of a manufacturer of electrical power grid or the electricity distribution system and are not elements of these networks are built on his behalf and his property.

(5) power lines high and moderate NRA reženie, which connect the equipments under para. 4 with the power grid in place of accession shall be constructed of a grid operator, respectively by the operator of the electricity distribution system, and are his property.

(6) The electrical power is measured by means of measurement – commercial property of the grid operator, the distribution network operator, respectively, as the requirements to be met, and place their available shall be determined by the rules of art. 83, para. 1, item 6.

(7) the conditions and procedures for joining the network to suspend accession or the supply of electricity and the border of the property between the electrical equipment shall be determined by an Ordinance adopted by the Commission. "

§ 108. Art is created. 116:

"Art. 116. (1) the operator of a grid is required to associate objects on the electrical distribution network operator in connection with enlargement, reconstruction and modernisation of the electricity distribution networks, and to join them on the sites of manufacturers and customers of electricity.

(2) the accession of Pará. 1 is carried out under a contract between the operator of the grid and the electricity distribution system operator prices for accession laid down by the Commission in accordance with the Ordinance under art. 36, para. 3.

(3) the conditions and the procedure for accession of the objects under para. 1 to the power grid and for the conclusion of contracts referred to in paragraph 1. 2 shall be settled by the Ordinance under art. 116, para. 7. "

§ 109. Article 117 shall be amended as follows:

"Art. 117. (1) the operator of a power grid operator, respectively of the electricity distribution system, is obliged to join each object to a customer of electricity, located in the territory concerned, that:

1. is there electrical switchgear constructed within the boundaries of the property, meeting the technical standards and safety requirements;

2. has fulfilled the conditions for accession to the transmission, distribution network, respectively, and

3. has entered into a written contract with the grid operator, respectively, with the operator of the electricity distribution system, the price of accession, determined in accordance with the Ordinance under art. 36, para. 3. (2) with the permission of the Commission, operator of the electricity distribution system can associate a client of electrical energy, which is located on the territory of another operator of the electricity distribution system, where this is technically and economically expedient and in the interests of customers.

(3) the conditions and procedures for accession to power transmission and electricity distribution system and for the conclusion of contracts referred to in paragraph 1. 1 shall be settled by the Ordinance under art. 116, para. 7. The accession treaty for the object to the power grid, respectively with the accession period not exceeding the time limit for the entry into service of the site and the facilities for joining.

(4) the refusal of the grid operator, respectively, of the electricity distribution system, perform an accession is refused.

(5) Electric units high and medium voltage, which serve to supply with electric power only to one client nebitov are built on his behalf and his property.

(6) in cases where the high and medium voltage power lines, through which players under par. 5 join the power or the electricity distribution system, are not elements of these networks, they are built by the customer and his property.


(7) low voltage electrical equipment, which are located in the properties and are located in the boundaries of the property of the facilities being constructed on their behalf and are their property.

(8) the owners of the electrical installations and facilities in the technical capability and provide free capacity use of the grid operator, respectively, of the electricity distribution system, for the purposes of the conversion and transmission of electrical energy to other customers. The benefit shall be granted after the conclusion of the contract at a price determined by the methodology approved by the Commission. In the absence of agreement, the Commission ordered the granting of the use and payment of the price fixed by the Commission on the methodology.

(9) paragraphs 1 to 8 shall not apply to the operator of the electric distribution system in rail transport. "

§ 110. In art. 118 the following modifications are made:

1. In paragraph 8. 1 the words "the electric energy system operator and distribution company" shall be replaced by ' the grid Operator and the operators of distribution networks "and the words" transmission and distribution ' shall be replaced by ' power transmission and distribution.

2. in the Al. 2 the words "the electric energy system operator respectively distribution company" shall be replaced by "operator of the grid operator, respectively of the electricity distribution system", and the words "users and" are deleted.

§ 111. In art. 119 the following modifications are made:

1. Paragraphs 1 and 2 shall be read with the following adaptations:

(1) producers can supply electrical power branches, enterprises and sites located within the territory of the country:

1. in the grid and/or electricity distribution networks (high, medium and low voltage) to a specific object, such as a contract concluded with the operator of the transmission grid and/or operator of the electricity distribution system, or

2. built on their behalf direct lines.

(2) the Object of the customer can be supplied through a direct line by a producer or a trader of electricity. "

2. in the Al. 3:

and in the text) before item 1 the words "Transmission and/or distribution undertakings concerned ' shall be replaced by" operator of the electrical transmission network and/or the operator of the electricity distribution system "and the words" by the networks ' shall be replaced by "in the network";

b) in paragraph 1 the word "Networking" is replaced by "net".

3. in the Al. 5, the words "the electric energy system operator and distribution undertakings ' shall be replaced by ' the grid Operator and the operators of the electricity distribution networks" and the words "the networks" are replaced by "the network".

§ 112. In art. 120 following amendments and supplements shall be made:

1. Paragraph 1 shall be amended as follows:

(1) the electrical energy delivered to the end-users shall be measured with instruments for measuring trade-property grid operator or operator of the electricity distribution system, located in or at the border of the property of the customer. "

2. in the Al. 3 the words "Transmission, respectively, the distribution undertaking" shall be replaced by ' operator of the grid, the electricity distribution system operator respectively.

3. Paragraph 4 is replaced by the following:

"(4) where the approved tariffs enable customers to choose the method of measurement of the quantity of electrical energy, operator of the grid or the operator of the electricity distribution system is required to install measuring instruments, which correspond to the requested written customer choice."

4. in the Al. 5 the word "user" is replaced by "customer".

5. a para. 6:

(6) the traction electric power delivered to end-user customers of the electricity network in the railway transport shall be measured with instruments for commercial measurement – the property of client, located in electric traction rolling stock. "

§ 113. Article 121 is amended as follows:

"Art. 121. (1) a client who wishes to install their own backup power source is required to notify the operator of power grid operator, respectively of the electricity distribution system, and provide access to their representatives to the backup source for checks.

(2) the operator of a power grid operator, respectively of the electricity distribution system, lays down the technical conditions required customers to install their own backup power source in accordance with the Ordinance under art. 83, para. 1, item 1.

(3) the operator of a power grid operator, respectively of the electricity distribution system, has the right to suspend the electricity supply to the customer, in the event that you fail to comply with its obligations under paragraph 1. 1 and 2. "

§ 114. In art. 122 the following modifications are made:

1. In paragraph 8. 1 the words "Transmission plant or distribution undertakings ' shall be replaced by ' the grid Operator and the operators of the electricity distribution networks.

2. in the Al. 2:

and in the text) before item 1 the words "Transmission plant or distribution undertakings ' shall be replaced by ' the grid Operator and the operators of the electricity distribution networks;

b) in paragraph 4 the word "user" is replaced by "customer".

3. in the Al. 3:

and in the text) before item 1 the words "Transmission plant or distribution undertakings ' shall be replaced by ' the grid Operator and the operators of the electricity distribution networks;


b) in paragraph 2 the word "users" is replaced by "customers";

c) in paragraph 4 the word "users" is replaced by "customers" and the words "with your own network" shall be deleted.

4. Paragraph 4 is replaced by the following:

"(4) upon termination of the transfer under paragraph 1. or accession referred to in paragraph 2. 3 electric power providers are not liable for any damage caused by limitation or suspension of supply. "

§ 115. In art. 123 following amendments and supplements shall be made:

1. Paragraph 1 shall be amended as follows:

(1) providers of last resort, the public provider, the suppliers and retailers of electrical power shall have the right to suspend the supply of electricity to final customers in the event of obligations under the contract for the sale of electric energy, including failing to timely payment of all amounts due in connection with the supply of electricity. "

2. a new paragraph. 2:

"(2) the final suppliers shall suspend the supply of electricity to final customers, who may not be his customers pursuant to art. 94 a, para. 1, where a provider chose not freely negotiated prices and have refused a deal with a supplier of last resort. "

3. The current paragraph. 2 it al. 3.

4. The current paragraph. 3 it al. and 4 shall be replaced by the following:

"(4) in the cases referred to in para. 1 and 2, the operator of power grid operator, respectively of the electricity distribution system, is obliged to suspend the transfer of electricity to final customers at the request of the provider. "

5. The current paragraph. 4 it al. 5 and in her words "under para. 3 transmission or the distribution undertaking "shall be replaced by" under para. 4 the power grid operator, respectively of the electricity distribution system "and a comma.

6. a para. 6:

(6) the operator of a power grid, the electricity distribution system operator respectively, shall be entitled to suspend the transfer of electricity to final customers in the event of obligations under a contract for the transfer of electrical energy or for access to the network, including those for failing to timely payment of all amounts due in connection with the provision of these services. "

§ 116. Article 123 (a) is repealed.

§ 117. In art. 124 the word "users" is replaced by "customers".

§ 118. In Chapter 10, section I created art. 125 (a):

"Art. 125. The provisions of this chapter, with the exception of art. 125, para. 4 do not apply to the persons under art. 39, para. 4, item 2 and 3. "

§ 119. In art. 132, para. 1, paragraph 3, the words "the electricity system operator and/or operator of the electricity distribution network" shall be replaced by "operator of the grid and/or operator of the electricity distribution system.

§ 120. In art. 153 the following modifications are made:

1. In paragraph 8. 1 the word "users" is replaced by "customers" and the words "art. 140, para. 1, item 3 "shall be replaced by" art. 140, para. 1, item 2. "

2. in the Al. 6 the word "Users" is replaced by "clients" and the word "users" is replaced by "customers".

§ 121. In art. 162 following amendments and supplements shall be made:

1. Paragraphs 1 and 2 shall be read with the following adaptations:

"(1) the public provider, respectively the end suppliers, are required to buy from manufacturers connected to the network, the entire quantity of electricity from combined heat and power, registered with a certificate of origin and the quantity of electrical energy necessary to ensure operational reliability of main equipment manufactured over the quantity of electricity from cogeneration, with the exception of the quantities which the manufacturer uses for its own account and for their own use within the meaning of art. 119, para. 1 or have contracts concluded pursuant to Chapter 9, section VII, or with that part of the balancing energy market.

(2) electrical energy from producers at al. 1 is purchased as follows:

1. the preferential prices determined in accordance with the Ordinance under art. 36, para. 3 – for the quantities of electricity from high efficiency cogeneration;

2. the prices obtained on the basis of the individual costs of production, in accordance with the Ordinance under art. 36, para. 3 – for the quantities of electricity produced from cogeneration, other than those referred to in paragraph 1, for the period until 30 June 2015;

3. the prices obtained on the basis of the individual costs of production, in accordance with the Ordinance under art. 36, para. 3 quantities of electrical energy, unpaired (kicker) required to ensure the operational reliability of the main facilities for the period until 30 June 2015;

4. at freely negotiated prices – of the quantities of electrical energy, unpaired (kicker) in excess of the quantities referred to in paragraph 3, when this is agreed with the public provider, respectively with the supplier. "

2. in the Al. 3, after the words "energy from cogeneration ' shall be added" and the criteria for the definition of cogeneration as high-efficiency ".

§ 122. In art. 162 (a) is hereby amended as follows:

1. In paragraph 8. 1 the words "Transmission and distribution undertakings ' shall be replaced by ' the operators of the power grid and the electricity distribution networks.

2. in the Al. 3 the words "transmission, respectively, of the distribution company" shall be replaced by "operator of the grid operator, respectively of the electricity distribution system.

3. Paragraph 4 is hereby repealed.

§ 123. In art. 164 words "transit transfer ' shall be deleted and the word" users "is replaced by" customers ".


§ 124. In chapter twelve the name of section II shall be replaced by the following: "transmission, storage and distribution of natural gas, liquefied natural gas".

§ 125. In art. 166 words ' transmission undertaking received "are replaced by" operator of the transmission network, received ".

§ 126. Article 167 is hereby repealed.

§ 127. In art. 168 following amendments and supplements shall be made:

1. The current text becomes paragraph 1 and after the words "storage" facilities "is added to natural gas and/or LNG."

2. a para. 2:

"(2) the operator of a facility for the storage of natural gas and/or operator of the facility for liquefied natural gas:

1. operate, maintain and develop under economic conditions secure, reliable and efficient facilities for the storage of natural gas and/or LNG;

2. providing equal access of users of storage facilities for natural gas and/or LNG;

3. provide the operators of natural gas transmission networks, and other storage facilities and/or any other facilities for liquefied natural gas and/or operators of gas distribution networks with sufficient information to ensure that storage of natural gas is going on in a manner compatible with the secure and efficient operation of the interconnected networks and facilities, and

4. provides users of the networks and facilities with the information they need for their efficient access. "

§ 128. Art is created. 168A:

"Art. 168. (1) the temporary storage of natural gas is carried out by the operator or distribution network.

(2) a network operator shall disclose on its website details of the services offered for temporary storage of natural gas and by 1 January each year publishes the main commercial conditions for the provision of these services. "

§ 129. In art. 169 the word "distribution" is replaced by "distribution" and the words "distribution undertakings" shall be replaced by ' operators of gas distribution networks.

§ 130. Article 170 shall be replaced by the following:

"Art. 170. (1) the transmission network Operator provides:

1. the unified management of the transmission network in the light of its reliable, safe and effective functioning;

2. the transit of natural gas through gas transmission network and reporting;

3. maintenance of premises and equipment of the transmission network in accordance with the technical requirements and with safety at work;

4. development of the transmission network in accordance with the long-term forecasts and plans for the development of natural gas distribution and beyond, where economically justified;

5. maintenance and development of secondary networks;

6. the provision and management of access of third parties on a non-discriminatory basis between system users or groups of users in compliance with the quality requirements and provide network users with the information they need for efficient access to the network;

7. the coordinated development and interoperability of the gas transmission network with correlated systems gazotransportni;

8. the operators of other operators of natural gas transmission networks, storage facilities for natural gas and/or operators of liquefied natural gas facilities and/or operators of gas distribution networks with sufficient information to ensure that the transport and storage takes place in a manner compatible with the secure and efficient operation of the interconnected networks and facilities;

9. adequate cross-border capacity with a view to the integration of the European gas infrastructure in satisfaction of all technically feasible and economically reasonable demands for capacity and to meet the requirements for security of gas supply;

10. the inclusion of gas from renewable sources into the transmission network, when it is technically possible and safe.

(2) the transmission of natural gas and includes: 1. representation of the gas transmission network operator and contacts with third countries, with the regulatory authorities of the other Member States of the European Union, as well as representation in the framework of the European network of transmission system operators (entso for gas);

2. collection of all claims relating to the transmission, including access, countervailing payment for ancillary services, such as processing of natural gas, buying services (costs of balancing energy to cover the losses);

3. the operation, maintenance and development of a safe, efficient and economical gas network in order to ensure an open market in environmental protection;

4. investment planning ensuring the fixed capacity of the system to meet reasonable demand and guaranteeing security of supply;

5. the establishment of appropriate joint ventures, including one or more operators of natural gas transmission networks, power exchanges and other relevant actors, in order to develop regional markets or to facilitate the process of liberalization, and

6. all corporate services, including legal services, accounting services and information technology.

(3) the operation of gas networks shall be carried out in accordance with the rules for the management of the gas transmission network, adopted by the Commission on a proposal from the transmission system operators networks.


(4) the operator of the transmission network at all times act so as to ensure availability of the necessary resources for the implementation of the transfer activity in an appropriate and effective manner, and for the development and maintenance of an efficient, safe and economical transmission network. "

§ 131. Article 171 shall be amended as follows:

"Art. 171. (1) the distribution network Operator provides:

1. the management of the gas distribution network in the light of its reliable, safe and effective functioning;

2. the distribution of natural gas in the gas distribution network and reporting;

3. maintenance of premises and equipment of the gas distribution network and auxiliary equipment in accordance with the technical requirements;

4. the enlargement, reconstruction and modernization of the gas distribution network, consistent with the requirements for environmental protection and energy efficiency, and in line with the estimates of consumption of natural gas, adopted by the Commission, and beyond, where economically justified;

5. inclusion of gas from renewable sources in the gas distribution network, where this is technically feasible and safe.

(2) the operation of the gas distribution networks is carried out in accordance with the rules for the management of the gas distribution networks, adopted by the Commission on a proposal from the operators of gas distribution networks.

§ 132. Article 172 is amended as follows:

"Art. 172. (1) the transmission system operators and distribution system operators are required to provide network access under conditions of equality to the gas transmission networks and/or distribution networks of persons satisfying the conditions laid down in rules adopted by the Commission, and to provide network users with the information they need for efficient access to the network.

(2) access under para. 1 may be denied due to lack of capacity, or in the event that the provision of access would result in violation of the technical conditions and security of networks or would hinder businesses to fulfil their obligations to services of public interest, or if the provision of access would cause serious economic and financial difficulties as a result of concluded contracts for the supply with the clause "take or pay".

(3) network operators who refuse access because of lack of capacity or a lack of connection, make the necessary improvements, if it is cost-effective or when a potential customer is willing to pay for it.

(4) the transmission network Operator, the operator of a facility for the storage of natural gas, the operator of a facility for liquefied natural gas, according to the operator of the gas distribution network has the right to deny access or to suspend the transmission of natural gas or gas from renewable sources at the network, respectively – the storage in a storage facility or temporary storage, due to:

1. non-compliance of the delivered to the network or to a facility for storing natural gas or gas from renewable sources with the defined quality requirements by the operator;

2. failure to carry out the obligations under the contract for transmission or storage, or for access to the network or storage facility, including failure to pay the amounts due in connection with the provision of these services. "

§ 133. In art. 172 and following amendments and supplements shall be made:

1. In paragraph 8. 1 the words "the public provider, the public supplier, the supplier and the dealer may apply ' shall be replaced by" energy natural gas undertaking may submit ", the words" transmission or distribution company "shall be replaced by" operator of the transmission or distribution network ' and the words ' before the entry into force of this Act "shall be deleted.

2. in the Al. 4:

a) in paragraph 2 the word "undertaking" is replaced by "operator";

(b) in item 4) Finally a comma and add "including the extent to which they incorporate provisions on market changes;

in paragraph 7) shall be replaced by the following:

"7. the level of network connectivity with other systems and the degree of interoperability of these systems;".

3. a new paragraph. 7:

(7) the operator of a relevant network, who was not granted a temporary release from his obligation to provide access under art. 172, para. 1, is not entitled to refuse access to or to continue to deny access to the network, due to obligations "take or pay" contract entered into for the purchase of natural gas. "

4. The current paragraph. 7 it al. 8.

5. The current paragraph. 8 it al. 9 and in her words "28 days" added "by the receipt of the request.

6. The current paragraph. 9 it al. 10 and in her words "para. 8 "are replaced by" para. 9. "

§ 134. (B) article 172 is amended as follows:

"Art. 172 (b) (1) operators of installations for the storage of natural gas and/or operators of liquefied natural gas facilities provide access to facilities and operators of natural gas transmission networks – access to services for temporary storage, under conditions of equal treatment of persons fulfilling the conditions laid down in the rules of art. 172, para. 1.

(2) operators of installations for the storage of natural gas and/or operators of liquefied natural gas facilities may refuse access:

1. due to lack of capacity;

2. in the event that the provision of access would result in violation of the technical conditions and safety of the facilities;

3. in the event that the provision of access would prevent operators to fulfil their obligations to services of public interest.


(3) Mining enterprises are required to provide access to upstream pipeline network under the conditions of equal treatment of persons fulfilling the conditions laid down in the rules of art. 172, para. 1, with the exception of the portion of the network that is used for local production operations, subject to applicable law, including in the field of environmental protection, spatial planning and the extraction of natural resources.

(4) operators of upstream pipeline network may refuse access:

1. due to lack of capacity;

2. in the event that the provision of access would result in violation of the technical conditions and safety of the facilities;

3. in the event that the provision of access would impede current or planned extraction of hydrocarbons, as well as involvement in the interests of other users of the upstream pipeline network or relevant processing or handling facilities;

4. in the event that the rights granted to dobivnoto Enterprise pursuant to a special law, or have not implemented legislatively prescribed requirements for the granting of access. "

§ 135. In art. 172 the following amendments and supplements shall be made:

1. In paragraph 8. 1 the words "changes to the development of the transmission network of distribution networks" are replaced by "problems for the development of the transmission network of the gas distribution networks", and finally "is added and the independence of the operator obligations under Chapter eight" a "and the possibilities for construction and operation of direct gas".

2. in the Al. 2, paragraph 3, the word "system" is replaced by "network".

3. in the Al. 3 the term "transmission" is replaced by "gas".

4. in the Al. 4 the word ' distribution ' shall be replaced by "distribution".

§ 136. In chapter twelve, section II to create art. 172 g, 172 and 172 e is:

"Art. 172. (1) when building a major new gas infrastructure, as well as significantly increasing the capacity of the existing gas infrastructure and the expansion, reconstruction and modernization of such infrastructure which enable the development of new sources of gas supply, the Commission may grant a temporary exemption from the obligation to: 1. the independence of the operator under art. 81 c, art. 81 g, para. 2 and art. 81 l, al. 2, item 1;

2. provision of access;

3. adjust the prices of the services provided.

(2) the temporary exemption under para. 1 is allowed when:

1. investment stimulates competition in the supply of natural gas and increased security of supply;

2. the level of risk attached to the investment is such that it would not take place unless an exemption was granted;

3. the infrastructure is owned by a person which is separate at least in terms of its legal form from the system operators in whose systems that infrastructure is being built;

4. users of the new infrastructure must pay price for using it;

5. the exemption must not be to the detriment of competition or the effective functioning of the internal natural gas market, or the efficient functioning of the infrastructure to which joins the new infrastructure.

(3) the owner or operator of the new infrastructure under para. 1 submit an application to the Commission for a waiver of all or part of the capacity of the new infrastructure, to which apply the rules for the management and distribution of the capacity of the new infrastructure, including:

1. require all potential users of the infrastructure are invited to indicate their interest in contracting capacity before capacity allocation in the new infrastructure, including for own use;

2. the obligation in the case of unused capacity overload to be marketed, and the users of the infrastructure are entitled to trade their contracted capacities.

(4) in making a decision, the Commission shall take into account the results of the procedure for the allocation of capacity under para. 3, item 1 for the consideration of the implementation of the conditions referred to in paragraph 1. 2, item 1, 2 and 5, and approves the rules and mechanisms for management and allocation of capacity.

(5) in deciding to release the Commission shall examine the need to impose conditions regarding the duration of the exemption and non-discriminatory access to the infrastructure, taking into account the additional capacity to be built or the modification of existing capacity, service life of infrastructure and national characteristics.

(6) the Commission shall examine the request referred to in para. 3 and shall decide by reasoned decision. This decision shall be published on the Commission's website.

Art. 172 (1) when the new gas infrastructure is situated in the territory of the Republic of Bulgaria and at least one Member State of the European Union, the owner or operator of the infrastructure request for exemption to the Commission and to the competent regulatory authority of the Member State of the European Union.

(2) the Commission shall hold consultations with the competent regulatory authority under para. 1 to reach an agreement on the application for exemption within 6 months from the date on which the application was received by the latter by the regulatory authorities. When within the deadline provided to regulatory authorities ASRE consultative opinion on the application, they can motivate your agreement on the release of recommendations given by the ASRE. The regulatory authorities shall notify to the ASRE for agreement. The Commission shall take a reasoned decision on the release, in accordance with the agreements reached in the agreement arrangements.


(3) the Commission and the other competent regulatory authority may request the ASRE extension under para. 2 with no more than three months.

(4) the Agency for the cooperation of energy regulators decided to release when the time limits for the Al. 2 and 3 did not reach an agreement between the regulatory authorities on the release or, at their joint request.

Art. 172. (1) the Commission shall immediately inform the Commission of any request for release and for a decision under art. 174 d, para. 6 and art. 172 e, para. 2. The notification of the decision to release is accompanied by all relevant information, including:

1. the reasons for the decision;

2. analysis of the impact on competition and the effective functioning of the internal market;

3. justification for the duration of the exemption and the share of the total capacity of the infrastructure;

4. the agreement with the other regulatory authorities, upon application for exemption under art. 172 e;

5. the contribution of the infrastructure to the diversification of supplies.

(2) the Commission shall provide additional information at the request of the European Commission within the time limit referred to in the request or defined by mutual agreement between the Commission and the European Commission, or shall inform the European Commission that it considers the notification under paragraph 1. 1 complete.

(3) where the requested information is not provided within the time limit referred to in paragraph 1. 2, notification is deemed to be withdrawn, unless the Commission has stated that it considers the notification to be complete.

(4) the Commission shall adapt the decision on the exemption in accordance with the opinion of the European Commission. Amendment or withdrawal of the exemption decision shall be made within one month, for which the Commission shall inform the European Commission.

(5) the exemption decision shall enter into force after the completion of the procedures referred to in paragraph 1. 1-4.

(6) decision to release lost his power two years after the opinion of the European Commission, if within that period has not begun construction of infrastructure or if, within five years of its adoption, the infrastructure is put into service, except if the Commission, after consultation with the European Commission decided that the delay is due to the considerable obstacles which are beyond the control of the person that is granted. "

§ 137. In art. 173, para. 1 creating the second sentence: "the rules are published by the energy companies and the Commission on their websites."

§ 138. In art. 174 the words "transmission and distribution ' shall be replaced by" transmission and gas distribution.

§ 139. In art. 175 following amendments and supplements shall be made:

1. point 4 shall be replaced by the following:

"4. the operators of installations for the storage of natural gas;".

2. an item 4 (a):

"4A. operators of liquefied natural gas facilities;".

3. point 5 shall be replaced by the following:

"5. the operator network;".

4. Point 6 is replaced by the following:

"6. the operators of gas distribution networks;".

5. Point 8 is replaced by the following:

"8. clients;".

6. point 9 shall be repealed.

7. Point 11 is repealed.

§ 140. In art. 176 following amendments and supplements shall be made:

1. Paragraph 1 shall be amended as follows:

"(1) Mining companies or traders of natural gas on the one hand and the public supplier of natural gas, the natural gas suppliers, operators of installations for the storage of natural gas, operators of facilities for liquefied natural gas, natural gas traders or customers – on the other hand, conclude transactions with natural gas to each other at freely negotiated prices."

2. in the Al. 2 the words "transmission and distribution company" is replaced by "operators of natural gas transmission and gas distribution networks.

3. in the Al. 4 the words "the members under art. 175, items 8 and 9 ' shall be replaced by "customers" and the word "direct" is replaced by "direct".

4. a para. 5:

"(5) the parties referred to in paragraph 1. 1 and the operator of the transmission network and shall conclude transactions with natural gas to balance the market in conditions and rules for the pricing of natural gas intended for the balance provided for in the rules of art. 173, para. 1. "

§ 141. In art. 176 a, para. 1 is hereby amended as follows:

1. In the text before point 1, the words "public natural gas suppliers ' shall be deleted, the word" gas storages "is replaced by" facilities for the storage of natural gas, operators of liquefied natural gas facilities ", the words" eligible customers "are replaced by" clients "and the words" or registered in a Member State with which the Republic of Bulgaria has been agreed under the international instrument on the mutual application of the law of the European Communities ' shall be deleted.

2. In paragraph 1, the words "public natural gas suppliers ' shall be deleted and the words" eligible customers "are replaced by" clients ".

3. In paragraph 2, the words "eligible customers" are replaced by "customers".

§ 142. In art. 177 is hereby amended as follows:

1. In paragraph 8. 1, the words "with Community suppliers of natural gas to eligible customers and with customers directly connected to the transmission network" shall be replaced by ' with suppliers and end-users.

2. in the Al. 2 the words "transmission and distribution ' shall be replaced by" and "gas distribution.

3. in the Al. 3 the word "gas storages" is replaced by "facilities for the storage of natural gas and/or operators of the facilities for liquefied natural gas.

§ 143. Article 178 is repealed.

§ 144. (A) Article 178 is amended as follows:

"Art. 178. (1) the supplier is licensed for their face, which provides natural gas supply to final customers connected to the distribution network, in accordance with the rules of art. 21, para. 1, item 10.


(2) for the purposes of supply under para. 1 the supplier conclude transactions for the supply of natural gas to the public provider, with producers of gas from renewable sources and can make deals for the supply of natural gas with production enterprises and by traders of natural gas. "

§ 145. In art. 178 (b), the words "universal service" are replaced by "service of public interest".

§ 146. In art. 179, para. 2 the words "eligible customers" are replaced by "customers", after the words "public provider of natural gas" a comma and add "with end suppliers of natural gas", and the word "gas storages" is replaced by "facilities for the storage of natural gas and/or operators of the facilities for liquefied natural gas.

§ 147. Article 180 shall be replaced by the following:

"Art. 180. (1) every client joined to transmission and/or distribution network, has the right to choose the supplier of natural gas, regardless of in which Member State of the European Union, the supplier is registered, as long as the provider complies with rules under art. 173, para. 1, and the requirements for security of supply.

(2) the operator of a network performs switching in accordance with the rules of art. 173, para. 1 to 3 weeks after receipt of the written request of the customer.

(3) change of supplier in compliance with the contractual conditions is not accompanied by additional obligations for the customer.

(4) each provider shall prepare and send a final balancing account with a choice of another supplier, within 6 weeks after the change of the supplier.

(5) When delivery under para. 1 is refused by the provider in another Member State of the European Union, because the client has no right to choose supplier in the other State shall, at the request of the customer, the Commission shall inform the regulatory authority of the other State, and if necessary – and the European Commission to take action for annulment of the refusal. "

§ 148. In art. 181 the following modifications are made:

1. In paragraph 1 the words "universal services" shall be replaced by "services of public interest".

2. point 2 shall be replaced by the following:

"2. in negotiated freely between the parties – prices outside the cases referred to in paragraph 1."

§ 149. Article 182 is hereby repealed.

§ 150. In art. 183 and following amendments and supplements shall be made:

1. In paragraph 8. 4 the word ' consumer ' shall be replaced by "clients".

2. a para. 5:

(5) within 30 days after the entry into force of the General conditions, customers who do not agree with them, you have the right to submit the final supplier of natural gas application in which to offer special conditions. The final supplier of natural gas to special conditions, other than the published terms and conditions, shall be shown in the additional written agreements. "

§ 151. In art. 183 (b) is hereby amended as follows:

1. In paragraph 8. 1 the word "consumers" is replaced by "clients" and the words "distribution undertaking" shall be replaced by ' operator of the distribution network.

2. in the Al. 3 the words "Distribution undertaking" shall be replaced by "the distribution system operator.

3. in the Al. 4 the word ' consumer ' shall be replaced by "clients".

§ 152. In art. 184, the words "public suppliers" shall be deleted.

§ 153. Article 185 is amended as follows:

"Art. 185. (1) a centralized operational management, coordination and monitoring of the system of operation of the transmission network shall be carried out by the operator of the transmission network through links for operational management.

(2) the operational management of each distribution network shall be carried out by an operator of the distribution network through links for operational management.

(3) the provisions of the operational management of the gas transmission network operator are required for units for operational management of the operators of distribution networks, customers, manufacturers, mining enterprises of gas from renewable sources, the operators of the installations for the storage of natural gas and operators of liquefied natural gas facilities, connected to the transmission network.

§ 154. Article 186 is amended as follows:

"Art. 186. (1) the operator of the transmission network provides:

1. reliable, safe and effective operation of the transmission network;

2. transport of natural gas through gas transmission network in compliance with the quality requirements;

3. equal treatment of customers in the transmission of natural gas;

4. safe and efficient operation of auxiliary networks;

5. operation manual modes of operation of the storage facilities of natural gas and liquefied natural gas facilities, connected to the transmission network in injection and extraction of natural gas.

(2) the transmission network Operator provides the energy that used to make the activity more transparent, non-discriminatory and market based procedures. "

§ 155. Article 186 (a) shall be replaced by the following:

"Art. 186. For the combined operator shall apply chapter eight ' a '. "

§ 156. In art. 187 the following modifications are made:

1. In paragraph 8. 1:

(a)) in the text before paragraph 1 the word "operator" is replaced by "transmission";

b) in point 1 the words "transmission system" shall be replaced by ' gas transmission network.

2. in the Al. 2 the term "transmission" is replaced by "transmission".

§ 157. Article 188 shall be amended as follows:

"Art. 188. (1) the operator of the transmission network administer transactions of freely negotiated prices with natural gas and organize the balancing market for natural gas in accordance with the rules of art. 173, para. 1.


(2) in the event of circumstances threatening the security of the work of the gazotransportnata system or parts thereof, the gas transmission network operator has the right to temporarily suspend the execution of transactions or to change the agreed quantities of natural gas in them under the conditions and in the manner described in the rules of art. 173, para. 1. (3) the operator of the transmission network provides information on the estimated consumption of natural gas, limitations in the gazotransportnata system, reports for gas prices in the balancing market for past periods and other information needed by the participants. "

§ 158. In art. 189, para. 1 and 2, the words ' Transmission undertaking ' shall be replaced by "the network".

§ 159. In art. 190 following amendments and supplements shall be made:

1. In the text before paragraph 1 the word "distribution" is replaced by "distribution".

2. In paragraph 2 the word "users" is replaced by "customers".

3. In paragraph 4 the word "users" is replaced by "customers".

4. item 5 shall be inserted:

"5. the operator of the transmission network, the operators of other gas distribution networks, operators of installations for the storage of natural gas and operators of liquefied natural gas facilities, sufficient information to ensure that the transport and storage of natural gas shall be carried out in a manner compatible with the secure and efficient operation of the mutually linked network."

§ 160. (A) Article 190 shall be amended as follows:

"Art. 190. (1) where an operator of the distribution network is part of a vertically integrated undertaking, its activity must be independent in legal form and in decision making from other activities not relating to distribution.

(2) in order to ensure the independence of the distribution network operator in al. 1 persons responsible for the management, including the Executive management of distribution networks:

1. can not participate in the management of other companies of the vertically integrated undertaking carrying out the production, transmission, public supply, public procurement and trade of natural gas;

2. take decisions independently in the performance of their assigned duties by this Act;

3. are required to prevent discriminatory behaviour in the performance of their assigned duties by this Act.

(3) the operator of a gas distribution network shall draw up a programme, which sets out measures for the implementation of the objective referred to in paragraph 1. 1 and 2, which contains the specific obligations of employees to meet her.

(4) the operator of a gas distribution network determines the compliance officer responsible for monitoring the implementation of the programme referred to in paragraph 1. 3, ensuring its independence, as well as access to information on the operator of gas distribution network and all related undertakings necessary for the performance of its tasks.

(5) the distribution network operator shall draw up an annual report on the measures referred to in paragraph 1. 3, which shall be submitted to the Commission by those responsible for compliance and published in accordance with art. 15.

(6) the operator of a gas distribution network in their communications, using its trade mark does not create confusion in respect of the separate identity of the part/parts of the vertically integrated undertaking performing/carrying out deliveries of natural gas.

(7) the provisions of paragraphs 1 and 2. 1-6 do not apply to vertically integrated natural gas undertakings where the distribution network are less than 100 000 connected customers of natural gas. "

§ 161. In art. 191 words "transmission and distribution networks" are replaced by "the transmission and distribution networks, operators of installations for the storage of natural gas and operators of liquefied natural gas facilities.

§ 162. In art. 192 words "transmission and distribution networks" are replaced by "natural gas transmission and gas distribution networks operators of storage facilities for natural gas and operators of liquefied natural gas facilities.

§ 163. In art. 194 the word "user" is replaced by "customer".

§ 164. In art. 195 the following modifications are made:

1. In paragraph 8. 1 the word "consumers" is replaced by "clients", the word "operator" is replaced by "gas", and the words ' transmission undertaking ' shall be replaced by ' the transmission system operator.

2. in the Al. 2 the word "users" is replaced by "clients", the word "distribution" is replaced by "distribution", and the words "distribution undertakings" shall be replaced by ' the operators of distribution networks ".

3. in the Al. the words "for the storage of natural gas" shall be replaced by "referred to in art. 39, para. 1, item 4.

4. Paragraph 4 is replaced by the following:

"(4) natural gas customers or owners whose properties have mounted appliances for commercial measurement, are required to provide access to the authorized representatives of the operator of a transmission or distribution network for installation and inspection, reporting and maintenance of measuring instruments."

5. Paragraph 5 shall be amended as follows:

(5) operators of natural gas transmission and gas distribution networks, operators of installations for the storage of natural gas and operators of liquefied natural gas facilities decide on the location and type of installed means of trade measurement. "

§ 165. Article 196 shall be replaced by the following:

"Art. 196. (1) the accession to the gas pipeline and distribution networks is carried out under conditions and by an order determined by the Ordinance, adopted by the Commission.


(2) the accession to and/or gas distribution networks of upstream gas pipeline networks, storage facilities for natural gas, liquefied natural gas facilities, gas distribution networks, sites for the production of gas from renewable sources and final customers shall be carried out at prices determined by the order of the Ordinance under art. 36, para. 3, on the basis of a written contract between the operator of the transmission network operator, respectively of the gas distribution network, and pris″edinâvanoto person. "

§ 166. Article 197 shall be amended as follows:

"Art. 197. (1) the transmission network operator shall be obliged to join their network in a certain section of it objects to distribution networks, extractive companies, storage facilities for natural gas, liquefied natural gas facilities and sites for the production of gas from renewable sources.

(2) to the transmission network can join and objects of non-household customers of natural gas.

(3) the operator of the transmission network determines the technical possible place of accession with regard to criteria for the secure operation of the system and gazotransportnata in accordance with the plans for the development of the transmission network, under the conditions and by the order of the Ordinance under art. 196, para. 1. (4) the operator of the transmission network is obliged to carry out the extension and reconstruction of the transmission network, linked to accession, to the point of joining.

(5) the operator of the transmission network may refuse joining the gas transmission network, when:

1. lacks capacity of the network;

2. a network connection is not present and the improvement of the network is economically wasteful;

3. missing technical possibility of connection of object for the production of gas from renewable sources or gas produced from renewable sources do not conform to the quality requirements laid down in the rules of art. 170, para. 3. (6) in the event of refusal under para. 5, item 1 and 2 extractive companies, manufacturers of gas from renewable sources, the operators of the installations for the storage of natural gas, operators of liquefied natural gas facilities and nebitovite customers of natural gas can build up on its own gas pipeline to the gas transmission network.

(7) the owner of a pipeline is required to provide its service, maintenance and repair.

(8) the network operator may, at the request of the owner in return for payment to service, maintain and repair a gas pipeline connecting the client to the nebitov network.

(9) Joined to the transmission network customers in the technical capability and the use of spare capacity provide their own facilities of the operator of gas distribution network, received a licence for the purposes of the distribution of natural gas to other customers on the territory specified in the licence. The benefit shall be granted after the conclusion of the contract at a price determined by the methodology approved by the Commission. In the contract with the licensee agree the terms of use, including the conditions for operational management and measurement of the gas supplied to each of the clients, including the person granting the use of a single guarantee for operational management and measurement of the amounts of natural gas to customers. In the absence of agreement, the Commission ordered the granting of the use and payment of the price fixed by the Commission upon the methodology. "

§ 167. In art. 198 words "distribution undertakings" shall be replaced by ' operators of gas distribution networks ", the word" distribution "is replaced by" distribution "and the words" transmission point fixed by the undertaking "shall be replaced by" designated by the transmission network operator.

§ 168. Article 199 shall be amended as follows:

"Art. 199. (1) the distribution network Operator is obliged to accede to the Web sites of clients and objects to the production of gas from renewable sources within the territory of which the undertaking is licensed to carry out natural gas distribution under conditions of equality in compliance with the technical requirements for reliability and safety.

(2) the operator of a gas distribution network can join their network sites of extractive enterprises, storage facilities for natural gas and liquefied natural gas facilities.

(3) the operator of a gas distribution network determines the technical possible place of accession in accordance with the plans for the development of the distribution network under the conditions and by the order of the Ordinance under art. 196, para. 1. (4) the distribution network operator is obliged to carry out the extension and reconstruction of gas distribution network in connection with accession to the accession.

(5) the distribution network operator may refuse joining the gas distribution network, where there is no:

1. the capacity of the network;

2. connection to the network and network improvement is economically wasteful;

3. the technical possibility of connection of the object to the production of gas from renewable sources or gas produced from renewable sources do not conform to the quality requirements laid down in the rules of art. 171, para. 2. (6) in the event of refusal under para. 5, paragraphs 1 and 2 shall apply accordingly to art. 197, para. 6.


(7) with the permission of the Commission, the operator of the distribution network can associate customer of natural gas, which is located on the territory of another licensee for the distribution of natural gas when it is technically and economically expedient and in the interests of customers.

(8) Deviations and facilities for customers to join the relevant distribution network shall be established by the operator of the distribution network. "

§ 169. In art. 201 following amendments and supplements shall be made:

1. In paragraph 8. 1, item 2, after the word "endanger" insert "or harm" and the word "users" is replaced by "customers".

2. in the Al. 2, paragraph 1 the text before paragraph (a) shall be replaced by the following: "administer" in writing.

§ 170. Article 202 shall be amended as follows:

"Art. 202. (1) the Compulsory administrative measures under art. 201 shall apply on the basis of the finding, composed of persons having the right to carry out controls under this Act, a written reasoned decision of the Commission or an order of the Minister of economy, energy and tourism, which shall be communicated to the person concerned within 7 days of delivery.

(2) communications referred to in para. 1 and may be made by registered letter with advice of delivery, telegram, telex, fax or by phone. Communications with registered letter with acknowledgement of receipt or by telegram shall be certified with a notice of delivery, on the phone – in writing by an official who has committed them, by telex or fax – with written confirmation of a sent message.

(3) where the communications referred to in para. 1 are not accepted on the persons address, telephone, telex or fax, they are thought to be carried out by placing them on a special place in the premises of the Commission or of the Ministry of economy, energy and tourism. The last circumstance shall be certified by a Protocol drawn up by officials designated by order of the President of the Commission or of the Minister of economy, energy and tourism. "

§ 171. In art. 203, para. 1 the words "para. 5 ' shall be replaced by "para. 1. "

§ 172. In art. 205 is hereby amended as follows:

1. In paragraph 8. 1 the words "from 50 000 to 100 000 LEVs." shall be replaced by ' of 1000 up to 15 000 EUR ".

2. in the Al. 2 ' 100 000 ' is replaced by ' 20 000 ".

§ 173. Article 206 shall be amended as follows:

"Art. 206. (1) an energy undertaking which violates the provisions of this law, the regulations for its implementation, the control for the implementation of which is entrusted to the Commission, the General or individual administrative acts of Commission, legally binding decisions of the ASRE or the conditions of his licence issued, penalty payment of 20 000 to 1 000 000 EUR

(2) for infringements under para. 1 the power grid operator, operator of the transmission network operator that has combined the functions of the transmission system operator, or vertically integrated undertaking shall receive financial penalties representing up to 10 percent of the annual turnover of the operator, respectively, from the annual turnover of the vertically integrated undertaking.

(3) in the event of a repeated breach in the Al. 1 proprietary triple penalty is determined by the maximum amount of the penalty under subsection. 1. "

§ 174. In art. 207, para. 1, paragraph 3, after the words "natural gas" is added "access to facilities for the storage of natural gas, or incorrectly applied the criteria for granting access" and a comma.

§ 175. Create art. 207 and 207 (b): "art. 207. (1) an energy undertaking which uses restrictive contractual practices and exclusivity provisions, which may prevent the non-household customers to contract simultaneously with more than one supplier or to limit their choice of providers, a penalty payment of 50 000 to 1 000 000 EUR

(2) in the event of a repeated breach the proprietary sanction is in triple size determined by the maximum amount of the penalty under subsection. 1.

Art. 207 (b). (1) an energy undertaking commits an offence of the art. 37, art. 38A, para. 2, art. 38 (b), art. 38 in, al. 1 or art. 38 d, penalty payment from 50 000 to 200 000.

(2) in the event of a repeated breach the proprietary sanction is in triple size determined by the maximum amount of the penalty under subsection. 1. "

§ 176. In art. 208 al. 1 shall be amended as follows:

"(1) an energy undertaking does not provide the information to the competent authorities in the cases provided for in this law, the regulations for its implementation and requested by the competent authorities with information in accordance with this Act and the regulations for its implementation, a penalty payment of 5000 to 50 000 LV."

§ 177. In art. 213 a, para. 2 the word "users" is replaced by "customers".

§ 178. In art. 219, para. 1 after the number "207" insert "(a), (b) 207 207.

§ 179. In art. 220, para. 1, after the words "art. 185, para. 3 "there shall be added" or does not fulfil the obligation under art. 195, para. 4. "

§ 180. In art. 222 al. 1 shall be amended as follows:

(1) Who fails to fulfill the obligation under art. 117, para. 8, art. 138, para. 3 and art. 197, para. 9, is punishable by a fine of 500 to 5000 LEVs. "

§ 181. In art. 224 al. 1 shall be amended as follows:

(1) The operator of a power grid that does not comply with the requirements of Regulation (EC) no 714/2009, shall receive financial penalties representing from 10 000 to EUR 60 000. "

§ 182. In art. 224 b al. 1 shall be amended as follows:

(1) The network operator who does not comply with the requirements of Regulation (EC) no 715/2009, shall receive financial penalties representing from 10 000 to EUR 60 000. "

§ 183. Art is created. 224 in:

"Art. 224. (1) the operator of a facility for the storage of natural gas and/or LNG facility, which does not comply with the requirements of Regulation (EC) no 715/2009, shall receive financial penalties representing from 10 000 to EUR 60 000.


(2) in the event of a repeated breach the proprietary sanction is double the amount specified in the maximum amount of the penalty under subsection. 1. "

§ 184. In art. 225 following amendments and supplements shall be made:

1. In paragraph 8. 2 after the number "207" insert "(a), (b) 207 207", "218" shall be deleted and the words "and 224 (b) ' shall be replaced by" 224 and 224 in b ".

2. in the Al. 3 the words "art. 211 ' shall be replaced by "art. 208, 211.

§ 185. The term "Additional provision" shall be replaced by the following: "additional provisions".

§ 186. In § 1 of the supplementary provision the following amendments and additions:

1. In paragraph 1 the word "users" is replaced by "customers".

2. In paragraph 2 the word "electricity" is replaced by "electrical energy" and the words "the electric energy system operator ' shall be replaced by" the grid ".

3. paragraph 2 shall be inserted: "2A." Bit customer is a customer who buys an electric or heat with heat carrier hot water or steam for heating, air-conditioning and hot water, or natural gas for their own household use. "

4. point 3 (a) shall be replaced by the following:

"3A. ' vertically integrated undertaking ' means: a) the electricity undertaking or a group of electricity undertakings where the same person or the same persons are entitled, directly or indirectly, to exercise control, and where the undertaking or group of undertakings perform at least one of the activities of transmission or distribution and at least one of the activities of generation or supply of electricity;

(b) an undertaking or group of undertakings) for natural gas, for which the same person or the same persons are entitled, directly or indirectly, to exercise control, and where the undertaking or group of undertakings perform at least one of the transmission, distribution or storage, and at least one of the activities of production, production or supply of natural gas. "

5. item 3 (b):

"b" 3. "interconnected network are interconnected transmission and/or distribution networks."

6. Points 4 and 5 are repealed.

7. a new item 6:

"6." temporary storage "is the storage of gas by compression in gas and gas distribution networks excluding facilities reserved for transmission system operators networks to carry out their functions."

8. In paragraph 8, after the words "gazoreguliraŝa station" for the rest, the text is deleted.

9. In paragraph 9, the words "a high" are replaced by "a" and the word "users" is replaced by "customers".

10. In paragraph 11, the words "transfer from transit" shall be deleted.

11.11 (a):

"11." Big gas infrastructure "is the interconnection pipeline or facility for storage of natural gas and/or LNG."

12. Point 12 is replaced by the following:

"12." Direct gas pipeline is a pipeline and facilities to it as addition to the interconnected network. "

13.12 established and 12 (b):

"12A." Direct line "is a line that connects directly subject to manufacturer of electric energy with another object, the object of a subsidiary or subject to the client for the purposes of the supply of electrical power.

12B. "upstream pipeline network" means a pipeline or network of pipelines operated and/or constructed as part of an investment project for the extraction of oil or gas, or are used for the transmission of natural gas from one or more such projects to a processing plant or Terminal. "

14. In paragraph 14, the words "start after a major accident without the help of an external source and constant monitoring for changes in load ' shall be replaced by" placing without the help of an external source of power, and part of the network and the load ".

15. Point 16 shall be replaced by the following:

"16." supply "means the sale, including resale, of natural gas or energy."

16. In paragraph 20, the words "the redistribution of electricity flows or transit of electric energy to a third country ' shall be replaced by ' and redistribution of the electrical energy flows".

17. In paragraph 22, the words "lines" are replaced by "power lines".

18. In paragraph 23, the words "in which or through which ' shall be replaced by" with a purpose in it or through it to "and the word" consumers "is replaced by" customers ".

19. In paragraph 24, the word "legal" and the words "the management of the electricity network" shall be deleted.

20. In paragraph 26, the word "user" is replaced by "customer".

21. a new item 27:

"27A." integrated undertaking ' means a vertically or horizontally integrated undertaking. "

22. Create t. 27B, 27 c and 27 d:

"27B." Customer "means a customer or a customer of a finite energy or natural gas, including a natural gas undertaking, which buys natural gas.

27. "wholesale Customer" means a natural or legal person who purchases electricity for resale, as well as the natural or legal person other than the operator and distribution network, which purchases natural gas for resale.

27. "final customer" means a customer who buys the electricity or natural gas for their own use. "

23. Current item 27 and became p. 27 (e) and (f) shall be replaced by the following:

"e 27." operator "means the Combined energy establishment for at least two of the transmission of natural gas, natural gas distribution and activity under art. 39, para. 1, item 4. "

24. Paragraph 28 (a) shall be replaced by the following:

"28A." end-supplier "means: (a) an energy undertaking), snabdâvaŝo with electric power objects of household and non-household customers, connected to the electrical distribution network of low voltage level, in the relevant licence territory where these customers have chosen another supplier, or


(b) an energy undertaking), snabdâvaŝo natural gas customers, objects connected to the distribution network in the respective licence territory where these customers have chosen another provider. "

25. an item:

"29." critical infrastructure in the energy sector "is an item, system or parts thereof which are essential for the country's energy security and the disruption or destruction of which would have a significant impact on vital societal functions, health, safety, security, economic or social well-being of the population."

26. Section 31 is amended as follows:

31. Cross-subsidization between the various groups of customers "is the inclusion of prices for a particular group of clients of an energy enterprise to a larger or smaller size of the necessary costs for their supply."

27. There are many so-called 32A and 32B:

"32." interconnector "is a line used to link electricity systems.

32B. "Interconnection gas pipeline" is a transmission pipeline which crosses or spans a border between two States on for the purpose of connecting the national gazotransportni systems of these countries. "

28. In paragraph 33, the word "users" is replaced by "customers".

29. an item:

"33A." Nebitov "customer is a customer who buys an electric or heat with heat carrier hot water or steam for heating, air conditioning, hot water and technological needs or natural gas for non-household needs."

30. In paragraph 34, the word ' consumer ' shall be replaced by "clients".

31. Create t. 34A, 34B, 34 c and 34:

"34." transmission system operator "is:

a) person – operator of the power grid, which carries out the transport of electricity on the power grid and is responsible for its operation, maintenance and development of a territory and its interconnections with other networks, and for ensuring the long term ability of the system to meet reasonable demands for the transmission of electricity;

(b)) a person – operator of the transmission network, which carries out the transport of natural gas through gas network and is responsible for its operation, maintenance and development of a territory and its interconnections with other networks, and for ensuring the long term ability of the system to meet reasonable demands for the transmission of natural gas.

34B. "distribution system operator" is:

a) person – operator of the electricity distribution system, which carries out the distribution of electric energy in the electrical distribution network and is responsible for the functioning of the electricity distribution system, for its maintenance, its development of a territory and its interconnections with other networks, and for ensuring the long term ability of the system to meet reasonable demands for the distribution of electrical energy;

(b)) a person – operator of the distribution network, which carries out the distribution of natural gas in the gas distribution network and is responsible for the operation of the gas distribution network, for its maintenance, its development of a territory and its interconnections with other networks, and for ensuring the long term ability of the system to meet reasonable demands for the distribution of natural gas.

34 c. "LNG facility" means a natural or legal person who performs a function in the liquefaction of natural gas or the importation, offloading, and regasification of liquefied natural gas, and is responsible for operating a LNG facility.

34. "storage facility" means a natural or legal person who performs a function which is responsible for the preservation and operation of storage facility. "

32. Paragraph 41 (a) shall be replaced by the following:

"41." network user "means:

a) natural or legal person – the user of power and/or electricity distribution system supplying electrical energy in power and/or electrical distribution network, or being supplied by such a network;

(b)) a natural or legal person – user transmission and/or distribution network, delivering or receiving supplies on the transmission and/or distribution network. "

33. Create t. 41B and 41 in:

"41B." consumers of energy services "means:

and the final customer) buys energy or natural gas from supplier providing services of public interest, and/or

b) user of transmission and/or distribution network for its supply of energy or natural gas.

41. the "professional independence" is independence in the performance of their duties, on the basis of professional competence from other interests, other than the interests of the sponsor of the activity. "

34. Points 42 and 43 are repealed.

35. Section 45 is repealed.

36. In paragraph 46 the end a comma and add "or gas from renewable sources, or making the extraction of natural gas".

37. Paragraph 47 shall be repealed.

38. In paragraph 50, the word ' consumer ' shall be replaced by "clients".

39. In paragraph 51, the words "article. 159, para. 3 "shall be replaced by" art. 162, para. 4. "

40. an item 53 (b):

"53B." security of supply "is both security of supply and energy supply and natural gas and technical safety."

41. an item 55 (a):


"55A." Ancillary services "means all services necessary for access to and the operation of the transmission network, the distribution network, storage facilities for natural gas and/or LNG, including load balancing, blending and injection of inert gases excluding facilities reserved exclusively for transmission system operators networks in carrying out their functions."

42. Create t. 61 and 63 (b):

"61." LNG Facility "means a terminal which is used for the liquefaction of natural gas or the importation, offloading, and re-gaseification of LNG, and shall include ancillary services and temporary storage necessary for the re-gaseification process and subsequent delivery to the transmission system, but does not include parts of terminals for liquefied natural gas, which is used for storage.

61 (b). ' storage facility ' means a facility which is used for storage of natural gas and owned and/or operated by a natural gas undertaking, including the part of LNG facilities used for storage but excluding the portion used for production operations, and excluding facilities reserved exclusively for transmission system operators to carry out their activities. "

43. In paragraph 62, the word "repositories" is replaced by "facility for storage of natural gas and/or LNG facility".

44. In paragraph 65, everywhere the word "users" is replaced by "customers".

45. Section 66 is repealed.

46. Create t. 66 (b) and 66 in:

"66 b." a service of public interest "is supply or transport, the supply of energy or natural gas of a specified quality, regulated price or price determined on a methodology approved by the Commission and other contractual terms, which may not be rejected for reasons not specified in the law.

66. the "Vulnerable customers" are customers who get targeted AIDS for electric power, thermal energy or natural gas under the law on social assistance and regulations for its implementation. "

47. an item 67 (a):

"67." horizontally integrated undertaking "means:

a) undertaking performing at least one of the activities in the production for sale, or transmission, or distribution, or supply of electricity, and another, different activity, or

b) undertaking performing at least one of the activities of production, transmission, distribution, supply or storage of natural gas and another, different activity, or

c) undertaking performing production activity or heat transfer and other other activities. "

48. Section 68 is repealed.

§ 187. Create is § 1A and 1B:

"§ 1 (a). This law introduces the requirements of Directive 2004/8/EC of the European Parliament and of the Council of 11 February 2004 on the promotion of cogeneration based on a useful heat demand in the internal energy market and amending Directive 92/42/EEC and Directive 2005/89/EC of the European Parliament and of the Council of 18 January 2006 concerning measures to safeguard security of electricity supply and infrastructure investment Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC (OJ L 211/55, of 14 August 2009) and directive 2009/73/EC of 13 July 2009 of the European Parliament and of the Council concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC (OJ , L 211/94 of 14 August 2009).

§ 1 (b). Provisions of this Act that apply to the Member States of the European Union, also apply to the other Member countries of the agreement on the European economic area. "

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

1. In paragraph 4:

(a)) in the Al. 1 the word "8 years old" is replaced by "12 years old";

(b)) in the Al. 2 the words "lines" are replaced by "power lines", and everywhere the word "users" is replaced by "customers";

in) in the Al. 7 the word "8 years old" is replaced by "12 years old";

d) creates is al. 12:

"(12) gas pipelines, which are the property of the non-household customers, connect with customers nebitovite the transmission network and do not serve to supply the domestic customers, are not subject to redemption by licensed energy businesses."

2. In paragraph 4 the words "2012" are replaced with "2016".

3. In paragraph 8, the words "13" are replaced by "14".

4. In paragraph 19:

(a)) in the Al. 1 the word "user" is replaced by "customer";

(b)) in the Al. 2 words everywhere "economic needs" are replaced by "non-household needs";

in) in the Al. 4 the word ' Consumer ' shall be replaced by "clients".

5. In § 23 para. 1 everywhere the word "users" is replaced by "customers".

§ 189. In the transitional and concluding provisions of the law amending and supplementing the law on energy (SG. 74 2006; amend., SG. 49 and 55) is hereby amended as follows:

1. paragraph 126 is cancelled.

2. Article 128 shall be repealed.

§ 190. Everywhere in Chapter ten, the words "user", "user", "users" and "users" shall be replaced respectively with "customer", "client", "customers" and "clients" and the words "economic" and "business" are replaced respectively by ' non-household "and" nebitovite ".

Transitional and final provisions

§ 191. (1) the assessment of art. 21, para. 1, item 20 shall be carried out until 3 September 2012, with proven economic need at the proposal of network-operators, the Commission shall draw up a schedule for the introduction of intelligent systems for the measurement of electricity and natural gas.


(2) the schedule under para. 1 for the introduction of intelligent systems for the measurement of the electric energy is with a term of up to 10 years, while a positive assessment for the installation of smart meters to at least 80 percent of the customers are provided with intelligent metering systems by 2020.

§ 192. The owners of the transmission systems within 6 months from the entry into force of this Act shall submit a request for certification of transmission system operators, in accordance with this law.

§ 193. (1) certificates issued prior to the entry into force of this law, licences and permissions maintained the action and shall be amended by the Commission to bring them into line with this law.

(2) the licence for transit gas released on bulgartransgas EAD – amended the licence for the transmission of natural gas for the remainder of the term of validity of the licence for transit transport.

(3) the Licensees whose licences are subject to amendment, are required to submit an application to the Commission within 6 months from the entry into force of this law.

(4) the amendment of licences under para. 2 and 3 are not due fees.

(5) amending the licences under para. 2 and 3 it is not necessary the provision of evidence that have already been submitted for the issue of the original licence, unless there are new circumstances.

(6) The amendments to the licences referred to in paragraph 1. 2 and 3 licensees carry out activities for which they are licensed. Contracts concluded in application of the licence for the transmission of electrical energy, retain your action between the parties to the licence for the transmission grid operator. After the granting of the licence the rights and obligations under the contracts pass under this Act to the operator of a power grid that replaces as party to the treaties, the "national electric company" EAD.

(7) the regulation of prices and/or the license mode is retained in respect of producers of thermal energy, having the Headquarters with a total installed power of up to 10 MW and/or carrying out the transfer of heat through the network to which you are connected with a total installed capacity of power plants up to 10 MW, when objects are placed in service at the date of entry into force of this law.

§ 194. Issued prior to the entry into force of this law permits exceptions to the enforcement provisions of the Act for the provision of regulated third party access shall retain the action.

§ 195. (1) within 6 months from the entry into force of this Act, the Commission shall issue guidance on the formation of prices for access and transfer the gas network or approved methodology for the determination of rates for access to and carrying on the transmission network, when at the date of entry into force of this Act are not set such prices or methodology, that are in accordance with the requirements of Regulation (EC) no 715/2009.

(2) bulgartransgas EAD – within three months from the issuance of the guidelines referred to in para. 1 submit an application to the Commission for approval of rates for access to and carrying on the gas network or fixed prices on methodology approved by the Commission.

(3) contracts for natural gas transmission, concluded before the entry into force of this law, in which a party is bulgartransgas EAD – run to completion on the agreed terms of the tariffs for transmission.

§ 196. (1) the public electricity provider and ending with electricity suppliers submit applications for licences for supplier of last resort for customers connected to the transmission, respectively, or to the distribution network in the territory of the current licences for public supply and supply from Terminal supplier, which cannot be supplied by the public and provider of Terminal suppliers in accordance with this law within two months of the entry into force of this law.

(2) the public provider of electric power and the suppliers of electricity within one month of the issue of a licence for supplier of last resort notified customers by al. 1 for the terms and conditions for the supply of a supplier of last resort and for the right of the customer within two months from notification to choose another provider.

(3) The expiry of the time limit for the selection of a supplier under para. 2 licensees provide incumbent upon the entry into force of this law by the previous line.

(4) where an undertaking is being supplied by the Terminal supplier without being eligible for deliveries shall be payable to the supplier of last resort as supplies made by him.

§ 197. (1) producers of electric energy, which at the entry into force of this law shall not have concluded contracts with the operator access to the grid and/or operator of the electricity distribution system, fulfilling the requirements of art. 84, para. 2 within two months of the entry into force of the law.

(2) failure under para. 1 operator of the grid and/or operator of the electricity distribution system shall refer the matter to the Commission, which sets out the conditions for access to the conclusion of the contract.

§ 198. (1) the quantities of electricity from combined installations for the combined production of electric and thermal energy, in operation at the date of entry into force of this law, approved by the Commission in implementing investment programmes, which are the criteria for high-efficiency production, repurchased under art. 162, para. 2, item 1, for a period of not more than three years:

1. with effect from 1 January 2012-at the beginning of the implementation of the investment program by July 1, 2012;


2. with effect from 1 January 2013 – in the beginning of the implementation of the investment program after July 1, 2012.

(2) Commission decision buying under para. 1 shall not apply upon failure to comply with the time-limits laid down by the Commission in the approved investment programs.

§ 199. (1) the by-laws and general administrative acts on the application of the law shall be adopted or adapted in accordance with this Act within one year of its entry into force.

(2) pending the adoption of the regulations and the General administrative acts under para. 1 or to bring them into conformity with this Act apply existing regulations, respectively, general administrative acts, in so far as they do not contravene this law.

(3) the amendments to the Ordinance under art. 162, para. 3 on installations with condensing turbines, working with energy boilers using coal as the primary fuel, the total energy efficiency of using fuel to is equal to or greater than 80 percent, with effect from 1 January 2012.

§ 200. The target date for the construction of an integrated internal market is 2015.

§ 201. (1) an independent transmission operator in Chapter 8, section II can only be a transmission network, which at the date of entry into force of this Act is part of a vertically integrated undertaking in respect of a transmission network, built on the date of entry into force of this law.

(2) Vertical intergrirano undertaking a transmission network, may take measures to comply with the requirements of art. 81 Oh.

§ 202. In the law for the administrative offences and sanctions (official SG. 92, 1969; amend., 54/1978, no. 28 of 1982, no. 28 and 101 of 1983, no. 89 of 1986, no. 24, 1987, no. 94 of 1990 No. 105 of 1991 No. 59 of 1992, no. 102 of 1995. , PC. 12 and 110 of the 1996 issue. 11, 15, 59, 85 and 89 of 1998, PCs. 51, 67 and 114 in 1999, St. 92 of 2000 PCs. 25, 61 and 101 in 2002, PCs. 96 of 2004, PCs. 39 and 79 since 2005, PCs. 30, 33, 69 and 108 of 2006, St. 51, 59 and 97 of 2007, PC. 12, 27 and 32 of the 2009 PCs. 10, 33, 39, 60 and 77 from 2011, and St. 19 by 2012.) in art. 34, para. 2, after the word "terrorism" add "as well as a violation of the law on energy, law on energy from renewable sources and regulations for their implementation".

§ 203. The law on renewable energy sources (official SG. 35 from 2011; amend., no. 29 by 2012) made the following changes and additions:

1. In art. Al 32. 1 shall be amended as follows:

"(1) State energy and water Regulatory Commission shall determine the preferential prices for the purchase of electricity produced from renewable sources, with the exception of the energy produced from hydroelectric power plants with installed capacity of over 10 MW:

1. each year by 30 June;

2. where, as a result of the carried out analysis of pricing items under par. 2. Notes the substantial modification of one of them. "

2. an art. 60A:

"Art. 60. (1) an energy undertaking which violates the provisions of art. 26, al. 3 or art. 31, para. 10, the penalty payment in the amount of 10 000 to 50 000 EUR

(2) in the event of a repeated breach the proprietary sanction amount to 150, 000. "

3. In the additional provisions establishes that: 28

"28." substantial change of the price element "is such an amendment, in which is found a difference of more than 10 per cent between the value of the cenoobrazuvaŝiâ element to the date of the analysis and its value at the date of the decision, with which prices are determined under art. 32. "

§ 204. The law shall enter into force on the day of its publication in the Official Gazette with the exception of:

1. paragraph 23, § 121, § 189, t. 2, § § 198 and 199, para. 3, which shall enter into force from 1 January 2012;

2. Article 81 (b), which shall enter into force on 3 March, 2013;

3. Article 120, para. 6, which shall enter into force from 1 January 2014.

The law was adopted by 41-Otto National Assembly on 3 July 2012 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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