Law On Waste Management

Original Language Title: Закон за управление на отпадъците

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Name of the law, law on waste management Bill name waste management Bill of acceptance Date 28/06/2012 number/year Official Gazette 53/2012 Decree No 257

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 waste management Law, passed by the National Assembly of the HLI 28 June 2012.

Issued in Sofia on 9 July 2012.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice:

Diana Kovatcheva

LAW

for waste management

Chapter one

GENERAL

Art. 1. (1) this Act regulates and control measures for the protection of the environment and human health by preventing or reducing the adverse impact of the generation and management of waste and by reducing overall impacts of resource use and improving the efficiency of such use.

(2) this law shall lay down the requirements to products in the process of their manufacture or after final use form dangerous and/or ordinary waste, as well as the requirements for the expanded responsibility of the manufacturers of these products in order to promote the prevention, re-use, recycling and other recovery of waste generated.

(3) waste management aims to prevent or reduce harmful effects on human health and the environment and shall be carried out in accordance with the requirements of the normative acts concerning:

1. preservation of water, air, soil and plants and animals;

2. noise and odors, and

3. the conservation of the natural environment and the places that are subject to special protection.

Art. 2. (1) this law shall apply to: 1. household waste;

2. industrial waste;

3. construction waste;

4. hazardous waste.

(2) this Act does not apply to:

1. radioactive waste;

2. waste gases released into the air;

3. land (in situ), including contaminated soil and buildings permanently connected with land;

4. the unpolluted soil and other materials in the natural state, excavated during construction activities where it is certain that the material will be used for the purposes of construction in the natural state of the site from which it was excavated;

5. decommissioned explosives;

6. the faecal matter other than classified in point 8, straw and other natural non-hazardous materials from agriculture or forestry, used in agriculture and forestry, or for the production of energy from such biomass through processes or methods which do not harm the environment or endanger human health.

7. waste water;

8. animal by-products including processed products under Regulation (EC) no 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (animal by-products regulation) (OJ L 300/1 of 14 November 2009) , hereinafter referred to as "Commission Regulation (EC) no 1069/2009", with the exception of those intended for incineration, landfilling or use in a biogas or composting plant;

9. corpses of dead, but not slaughtered animals, including those that are killed to stop the spread of epizootic diseases, and that are disposed of in accordance with Regulation (EC) no 1069/2009;

10. waste resulting from prospecting, extraction, treatment and storage of mineral resources and in the exploitation of quarries on the mineral resources law and classified as "mining waste";

11. sediment transferred into surface waters for the purpose of water management and water bodies or preventing floods, or reduce the effects of floods and drought, or reclamation of land, if it is proved that this conflicts with other laws and sediments have hazardous properties.

Art. 3. (1) the classification of waste is determined by an Ordinance of the Minister of environment and the Minister of health.

(2) the classification referred to in paragraph 1. 1 shall be carried out according to the list of waste established by Commission decision 2000/532/EC of 3 May 2000 replacing decision 94/3/EC establishing a list of wastes pursuant to article 1 (a)) of Directive 75/442/EEC on waste and Council decision 94/904/EC establishing a list of hazardous waste pursuant to article 1 (4) of Directive 91/689/EEC on hazardous waste. The list of waste shall include hazardous waste shall take into account the origin and composition of the waste and, where necessary, limit values for the concentration of hazardous substances.

(3) the list of waste under para. 2 shall be binding as regards determination of the waste which must be considered as dangerous. The inclusion of a substance or object in the list does not mean that it is waste in all circumstances. A substance or object is considered to be waste only where the definition is responsible under § 1, item 17 of the additional provisions.

(4) Certain waste can be considered dangerous, even if it is not included on the list as hazardous waste manifesting in cases where one or more of the properties mentioned in annex 3.

(5) where there is clear evidence that specific waste that appears on the list of hazardous waste does not display any of those listed in annex 3 properties, it can be considered to be non-hazardous.

(6) the reclassification of hazardous waste as non-hazardous waste may not be performed by diluting or mixing the waste with the aim of reducing the initial concentrations of dangerous substances to levels below the limit values for the concentration of hazardous substances, defining waste as hazardous.

(7) the sampling and analysis of the composition and properties of the waste for the purpose of establishing of the declared data and classification of waste is carried out by accredited laboratories.

Art. 4. (1) the substance or object which are the result of a production process, whose main purpose is not their production, represent a by-product and not waste within the meaning of § 1, item 17 of the additional provisions, only if both the following conditions are met:

1. further use is clearly defined;

2. There is a possibility for direct use without further processing, which differs from the ordinary production practice;

3. are received as an integral part of the production process;

4. further use is lawful, i.e. meet all requirements applicable to products, the protection of the environment and human health, related to the specific use and will not lead to overall adverse environmental or human health.

(2) the determination of a substance or object as a by-product is performed by reasoned decision of the Minister of environment and waters on a case by case basis in accordance with the criteria laid down by an act of the European Commission.

Art. 5. (1) certain waste ceases to be waste within the meaning of § 1, item 17 of the additional provisions, when it has undergone a recovery, including recycling, and meet the criteria, in accordance with the following conditions:

1. for the use of the substance or object is available for specific purposes embraced practice;

2. for the substance or article or there is a market demand;

3. the substance or object fulfils the technical requirements for the specific purposes and are in accordance with the regulatory requirements and standards applicable to the products;

4. the use of the substance or object will not lead to detrimental effects on the environment or human health.

(2) the Minister of the environment and water or an official authorised by him shall determine, by a reasoned decision case by case whether certain waste ceases to be regarded as such, except in cases where an act of the European Commission are certain mandatory criteria under para. 1, including limit values for pollutants and the rules for the reporting of adverse effects of the substance or object on the environment.

(3) Waste under para. 1 report on implementation of the recovery and recycling targets set out in this law are fulfilled the requirements for recycling or recovery operations under this Act and the Ordinances under art. 13, para. 1.

(4) the Minister of environment and waters is a national competent authority for the application of Council Regulation (EC) No 333/2011 of 31 March 2011 to establish criteria about when certain types of scrap shall cease to be waste in Directive 2008/98/EC of the European Parliament and of the Council (OJ L 94/2, of 8 April 2011), hereinafter referred to as "Commission Regulation (EU) No 332/2010".

Art. 6. (1) the competent authorities under this Act and persons whose activities are formed and/or treated waste, apply the following priority order (hierarchy) in waste management:

1. Prevention of their formation;

2. preparing for re-use;

3. recycling;

4. other recovery, e.g. energy recovery;

5. disposal.

(2) deviations from the hierarchy under para. 1 are allowed for specific waste streams when it is based on considerations of the waste cycle, in conjunction with the overall impact of the generation and management of such waste.

(3) in the application of the hierarchy under para. 1 taking into account the General principles of the protection of the environment, as a precaution and sustainability, technical feasibility and economic viability, protection of resources as well as the overall environmental, human health, the economy and society in accordance with art. 1, al. 1 and 3.

Chapter two


DUTIES AND RESPONSIBILITIES

Section I

Obligations of persons carrying out activities with waste

Art. 7. (1) where persons whose activities generate waste, and holders of waste treated them individually or make them available for collection, transport and treatment of persons who have the right to carry out these activities in accordance with this law.

(2) where the waste is submitted for preparation prior to recovery or disposal, is the responsibility of the original waste producer or holder to perform a full recovery or disposal of waste.

(3) the cases and conditions for the liability of the initial cause of waste across the value chain from collection to treatment, as well as for the sharing and transfer of responsibility between the persons involved in the chain for collection and treatment shall be determined by the Ordinances under art. 13, para. 1 and art. 43, without prejudice to the application of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste, hereinafter referred to as "Commission Regulation (EC) No 1013/2006.

(4) persons who collect and transport the waste, hand them in appropriate treatment installations respecting the provisions of this law.

(5) the responsibility of organizing the administration of ordinary waste is borne by the producer of the product as a result of the use of waste shall be brought under the conditions of the law.

Art. 8. (1) the transmission and reception of the production, construction and hazardous waste are carried out only on the basis of a written agreement with the holders of an authorisation, permit or complex registration document under art. 35 for the activity and playground for the appropriate waste code according to the Ordinance under art. 3 for the classification of waste.

(2) holders of waste shall:

1. to carry out the provisions for the collection, transport and treatment of waste;

2. to maintain normal working order and in constant operation facilities for waste treatment;

3. to take all measures for the nesmesvane:

a) hazardous waste with other hazardous waste or with other waste, substances or materials; mixing includes the dilution of hazardous substances;

b) recoverable waste with waste neopolzotvorimi;

4. to organize the safe storage of the waste, which cannot be provided treatment in accordance with the requirements of this law, on the territory of the Republic of Bulgaria;

5. in the case of hazardous wastes to determine the responsible person and to organize their safe management;

6. to keep the waste in accordance with this Act and the regulations for its implementation;

7. at the time of the request to provide access to the supervisory authorities to the facilities, which are formed in waste to facilities for the storage and treatment of waste and the waste documentation;

8. to provide instruction and training of staff, regularly works with hazardous waste;

9. to provide for and implement the necessary measures for proliferation regimes of pollution after the closure of sites and activities, as well as of the installation or equipment for waste treatment;

10. to provide the necessary financial resources for:

a) implementation of the monitoring plan;

b) closure of the installation or a waste treatment facility;

c) postoperative monitoring and control;

11. to notify the competent authorities of the upcoming changes of the raw materials and technological processes, which would lead to a change in the amount or type of generated waste and their hazardous properties.

(3) holders of hazardous waste under para. 2 can perform a mixing of the waste, provided that:

1. the mixing operation is carried out by persons who hold or complex permit under art. 35;

2. the requirements under art. 1, al. 3 are met and does not increase the harmful effects of waste management on human health and the environment, and

3. the mixing operation conforms to best available techniques.

(4) where hazardous waste is mixed in a way that is contrary to the requirements of this Act, the Division shall be carried out where possible and necessary, according to the criteria of technical and economic feasibility studies, in compliance with the requirements of art. 1, al. 3.

(5) to mixed waste produced by households shall not apply the requirements of the law regarding:

1. control of hazardous waste;

2. ban on the mixing of hazardous waste under para. 2, item 3 (a);

3. labelling of hazardous waste;

4. record-keeping for hazardous wastes in chapter IV, section I.

(6) the provisions of this Act concerning the labelling and documentation of hazardous waste shall not apply to separate fractions of hazardous waste produced by households to their adoption for the collection, disposal or recovery of the person holding the authorisation.

Art. 9. (1) it is prohibited to the commissioning of construction projects in the territory without permission, the presence of a complex authorization or registration document under art. 35 for waste, where such is required.

(2) it is prohibited to entry into service in accordance with the law on spatial planning of landfills for hazardous and non-hazardous waste without the presence of a certain amount of collateral to close and sledeksploatacionni care of the landfill sites, in accordance with art. 60.

Art. 10. (1) the construction, demolition of buildings and facilities legal and voluntary removal of illegal structures or unfit for use or threatening security structures is carried out in a way that ensures the subsequent recovery, including recycling of construction waste generated in accordance with the requirements of the Ordinance under art. 43, para. 4. (2) in the construction, demolition of the legal developments and voluntary removal of illegal structures or unfit for use or threatening security construction projects, the contracting authority is responsible for the implementation of the objectives relating to the preparing for re-use, recycling and other recovery of waste from construction materials, according to art. 32, para. 1.

(3) the forced removal of illegal structures or unfit for use or threatening security structures is carried out by the owner or the contractor of selective demolition materials.

(4) the Mayor of the municipality is responsible for the transmission of the detached building waste during the forced removal of buildings, for the recovery of materials and for the use of recycled construction materials, including for covering the costs of carrying out the activities in transport and treatment.

(5) the cost of carrying out the activities in the transport and treatment of construction waste generated as a result of the forced removal of a work shall be borne by the perpetrator of illegal construction or the owner of the building or facility. On the basis of a judgment which has the force of an order for the removal of the construction and the Protocol for the costs incurred for transportation activities and the recovery of the waste, the Mayor of the municipality shall submit an application for an order for immediate execution for the collection of the claim by payers by the procedure of art. 417, paragraph 2 of the code of civil procedure.

(6) the contracting authority of public works contracts for the design and execution of construction projects, with the exception of the removal of works included in the conditions for selection of a contractor and award contracts obligations to contractors for use of recycled building materials in accordance with the requirements of the Ordinance under art. 43, para. 4.

(7) the products obtained from the recycling of construction waste, which are placed on the market in the Republic of Bulgaria and are intended for permanent use in construction works or parts thereof shall ensure the fulfilment of the essential requirements for building works on the basis of their performance indicators defined in the technical specifications, as well as the legal requirements for their use depending on the field of their application.

Art. 11. (1) the contracting authority of the construction works within the meaning of § 5, s. 40 of the additional provisions of the law on the territory, with the exception of current repairs, and the contracting authority shall draw up a construction plan for the management of construction waste in scope and content, determined by the Ordinance under art. 43, para. 4. (2) the requirement under subsection. 1 shall not apply to:

1. demolition of buildings with a gross floor area (GFA) under 100 sq. m;

2. reconstruction, major repairs and/or change the purpose of the constructions with LIVING AREA of less than 500 square feet. m;

3. construction of buildings with a LIVING AREA of less than 300 square feet. m;

4. destruction of unfit for use or threatening security building, where their removal is ordered as a matter of urgency by the competent authority.

(3) the plan referred to in paragraph 1. 1 shall be included in the scope of the investment projects in the 8th chapter of the spatial planning Act and for objects that do not require an approved an investment project shall be drawn up as a separate plan.

(4) Plans for the management of construction and demolition waste shall be approved:

1. for projects that require an approved investment project – as part of the procedure for coordination and approval of investment projects pursuant to Chapter 8, section II, of the Act on spatial planning by the authority responsible for their approval;

2. for objects that do not require an approved investment project – from the Mayor of the municipality or an official authorised by him, in whose territory the project is realized.

(5) the competent authority under paragraph 1. 4 may require you to provide additional information or remove irregularities in the event of non-compliance with the requirements of the Ordinance under art. 43, para. 4, sent a reasoned opinion to the applicant not later than 15 days from the receipt of the plan.


(6) in the cases referred to in para. 4, item 2 the municipality mayor shall approve the plan for the management of construction and demolition waste or motivated refused its approval within one month of receipt of the plan or by the Elimination of irregularities and/or the provision of additional information.

(7) the refusal of approval of the plan may be challenged under the administrative code.

(8) the approval of the plan for the management of construction and demolition waste shall include verification of compliance with the objectives for recycling and utilization of construction waste.

(9) the implementation of the plan for the management of construction waste and the condition of the objects shall be established:

1. for works for which supervision is exercised – with the final report under art. 168, para. 6 of the spatial planning act of the person exercising supervision, describing the implementation of the objectives for the recovery and recycling of construction waste and the purposes for use of recycled building materials in the implementation of the project, applying and copies of primary accounting documents proving the transfer of waste to the holders of the authorisation or registration document for carrying out activities with waste;

2. for works which are not exercised construction supervision – report to the Mayor of the municipality to a model under the Ordinance under art. 43, para. 4, describing the implementation of the objectives for the recovery and recycling of construction waste and the purposes for use of recycled building materials in the project by applying and copies of primary accounting documents proving the transfer of waste to the holders of the authorisation or registration document for carrying out activities with waste.

(10) the documents referred to in para. 9 shall be submitted to the authority which has approved the investment project or plan for the management of construction waste, as well as the Director of the regional Inspectorate of environment and water (RIEW), on whose territory are carried out construction works or destruction.

Art. 12. the owners of the roads under art. 8 of the Act on the road are responsible for:

1. cleaning of debris on the road, the roadway, road facilities, service areas, roadside service complexes and anchor points for maintenance within the meaning of § 1, item 1 – 3, 6, 9 and 10 of the additional provisions of the law on roads;

2. provision of containers for waste collection and transportation to the facility for their treatment.

Section II

Extended producer responsibility

Art. 13. (1) the product requirements, after which form ordinary waste, and ways of their separate collection, reuse, recycling and/or recovery, including targets for separate collection, reuse, recycling and/or recovery shall be determined by regulations of the Cabinet of Ministers.

(2) the measures that define the wearing of extended producer responsibility, including those of triggering market products in the Republic of Bulgaria, after which form ordinary waste, shall be determined by regulations under paragraph 1. 1 to promote the reuse, the prevention, recycling and other recovery of such waste.

(3) the measures referred to in paragraph 1. 2 include the acceptance of returned products and waste left over after the use of these products, the subsequent waste management and financial responsibility for these activities, as well as obligations for the provision of information to the public, the extent to which the product can be re-usable and recyclable.

(4) in the implementation of extended producer responsibility, taking into account the technical feasibility and economic viability and the overall environmental impact, human health and impacts in the social aspect with a view to the need to ensure the proper functioning of the market.

(5) the extended producer responsibility shall apply regardless of responsibility for waste management as provided for in this law, and without prejudice to the provisions governing the requirements for certain groups of wastes or products.

Art. 14. (1) persons, triggering the market products, after use of which form ordinary waste, are responsible for their separate collection and treatment, as well as to achieve the targets for separate collection, reuse, recycling and/or recovery laid down in the Ordinances under art. 13, para. 1.

(2) the persons referred to in para. 1 carry out their duties: 1. individual, or 2. through collective systems, represented by the Organization for recovery.

(3) in the event that the individual obligations, persons referred to in para. 1, as well as all of their distributors, including persons engaged in selling to end users, are obliged to take back at the point of sale waste generated as a result of the use of the products concerned, in accordance with the provisions of the Ordinances under art. 13, para. 1.

(4) the persons referred to in para. 1 can carry out their duties individually after obtaining permission pursuant to Chapter five, section III.

(5) the persons referred to in para. 1 can carry out their duties through collective systems after the conclusion of the contract with the Organization for recovery under para. 2, item 2, which possesses a permit issued pursuant to Chapter five, section III.

(6) the contracts referred to in paragraph 1. 5 contain the requirements for verification and auditing of data for products placed on the market by the persons referred to in para. 1. (7) the persons referred to in para. 1 can change the opolozotvorâvane, through which perform their duties only after you terminate the contract under paragraph 1. 5 with her. At the conclusion of a new contract with another organisation for opolozotvorâvane person shall liable to submit a copy of the notification of the termination of his contract with the previous organization.

(8) persons referred to in para. 1 can not participate at the same time in more than one organization for the same waste.

Art. 15. recovery Organisations and persons who carry out solo duties, create systems for separate waste collection, reuse, recycling and/or recovery of the type of ordinary waste in the territory of the Republic of Bulgaria in accordance with the requirements of this Act and the Ordinances under art. 13, para. 1.

Art. 16. Memorandum of organization contains conditions ensuring the fulfilment of the following requirements: 1. the principle of equal treatment and opportunity for the participation of the persons under art. 14 wishing to fulfil their obligations under this law and in the Ordinance under art. 13, para. 1, through the collective system within the meaning of art. 14, para. 2, item 2;

2. the founders of the Organization are not eligible:

a) to participate in another organization for recovery for the same waste;

(b)) to retain the advantages with the constituent instrument;

3. contain the prohibitive provisions for:

and allocation of profit);

(b)) issue of bonds and equities with dividend coupons;

c) lending and guarantees of loans to third parties, as well as the assumption of debt obligations;

(d)) issue of bearer shares.

Art. 17. (1) the Organization cannot be converted through acquisition, merger, Division, separation, separation of a single-member company or the transfer of all the assets of the sole owner of the capital except in the case of a merger or the merger of recovery organizations.

(2) the organization may not have a business activity other than that referred to in § 1, item 16 of the supplementary provisions.

Art. 18. (1) the recovery Organisations and persons under art. 14, para. 2, item 1 prove the performance of their duties and the achievement of the purposes of art. 14, para. 1 and art. 15, prepare and submit to the Minister of environment and water statements, findings of fact reports and other documents in the scope, content and deadlines laid down in the Ordinances under art. 13, para. 1.

(2) the accounts referred to in paragraph 1. 1 shall be certified by a registered auditor within the meaning of the law on independent financial audit on the basis of a report with findings of fact concerning the agreed procedures for checking the performance of duties under this Act and the Ordinances under art. 13, para. 1, including the purposes of art. 14, para. 1, in accordance with the requirements of the legislation in force. The requirements for verification, as well as the content of the reports and the deadlines for their submission shall be determined by the Ordinances under art. 13, para. 1.

(3) the Minister of the environment and waters may appoint a current checking procedures on the implementation of agreed conditions in the permits issued, the objectives and the fulfilment of the requirements laid down in this law and the Ordinances under art. 13, para. 1, including examination of the economic information demonstrating the products placed on the market as a result of the use of which form ordinary waste, collection, reuse, recycling and recovery of waste, as well as the amount of the accrued fees under art. 59 and/or expenses incurred for activities with waste, of the following persons:

1. those who place on the market products, after use of which form ordinary waste;

2. the persons under art. 14, para. 2, item 1, who carry out their duties individually;

3. recovery organizations under art. 14, para. 2, item 2;

4. the persons carrying out activities on the collection, transport, reuse, recycling and recovery of ordinary waste under contract with the Organization for recovery or with persons who carry out their duties individually, in connection with the implementation of their objectives and obligations under this Act.

(4) the Auditors carrying out ongoing inspections agreed procedures under para. 3 shall be determined by the Minister of environment and water for a period of at least two calendar years under the public procurement Act.


(5) the costs of the ongoing inspections agreed procedures under para. 3 are at the expense of the audited organizations and recovery, fulfilling his obligations individually, and shall be reimbursed to the Ministry of environment and water in the order determined by the Minister of environment and water, within one month of their submission. After the completion of the examination under paragraph 1. 3 may be assigned additional checks, the costs of which are borne by the Ministry of environment and water.

(6) the persons recovery Organisations fulfilling his obligations individually as well as the persons referred to in para. 3 provide access to existing documentation and the sites at which the activities are carried out with the waste, and provide the necessary information in connection with the performance of the duties of the Auditors.

(7) the findings in the reports of the inspections referred to in paragraph 1. 3 are the basis for the imposition of sanctions and/or withdrawal of authorisations of the organizations and the persons recovery, fulfilling his obligations individually in accordance with Chapter v, section III, as well as to impose penalties on persons who place on the market products, after use of which form ordinary waste, and of the persons referred to in para. 3, paragraph 4 in the case of established breaches of this law and the Ordinances under art. 13, para. 1.

(8) upon withdrawal of the authorization under art. 81, para. 1 the execution of the obligations and objectives of art. 14, para. 1 and art. 15 shall be demonstrated in accordance with para. 1 for the period of the accounting year preceding withdrawal.

(9) each year the Minister of environment and waters by order appoint Commission to analyze the reports and documents referred to in paragraph 1. 1 and the findings in the reports referred to in paragraph 1. 2 and 3. Within 10 days of the completion of its work the Commission shall report to the Minister of environment and waters with a reasoned proposal for action on al. 7. Section III

Obligations of the organs of local self-government and local administration

Art. 19. (1) the Mayor of the municipality organizes the management of household and building waste produced in its territory, in accordance with the requirements of this Act and the Ordinance under art. 22.

(2) the Mayor of the municipality provides the conditions under which any holder of waste is served by the persons under art. 35, granted the right to carry out their activities on the collection, transport, recovery and/or disposal.

(3) the Mayor of the municipality shall be responsible for: 1. the provision of containers for the collection of household waste – containers, buckets and other;

2. the collection of household waste and transport them to the landfills or other facilities and installations for the recovery and/or disposal;

3. cleaning of streets, alleys, squares, parks and other areas of human settlements, intended for public use;

4. the siting, construction, operation, closure and monitoring of landfills for municipal waste or of other installations or installations for the recovery and/or disposal of household waste;

5. organisation of the collection, recovery and disposal of waste from the construction company, formed from the households of the territory of the municipality;

6. separate collection of household waste on the territory of the municipality for at least the following waste materials: paper and cardboard, metals, plastics and glass;

7. organizing the activities of separate collection of ordinary waste and/or assist organizations for recovery of ordinary waste, including fixed locations for the deployment of the necessary elements of separate collection systems and transmission of ordinary waste;

8. implementation of the resolutions under art. 26, al. 1 the general meeting of regional associations of art. 24, para. 1 and assist in the establishment of centers for repair and re-use, preparing for re-use;

9. the Organization of separate collection of hazardous household wastes beyond the scope of the Ordinances under art. 13, para. 1 and then hand them over for recovery and/or disposal;

10. separate collection and storage of municipal biodegradable waste, including fixed locations for the deployment of the necessary elements of the system for the separate collection of waste and their transmission for composting or anaerobic digestion;

11. the provision of sites for free transmission of separately collected waste from households, including large-size waste, hazardous waste and the other in all settlements with a population of more than 10 000 inhabitants on the territory of the municipality, and, if necessary, in other localities;

12. the cleansing of waste of municipal roads in accordance with art. 12;

13. the provision of information to the public under item 1 – 12, 14 and 15 through the website of the municipality, as well as in some other appropriate manner;

14. maintenance of a directory of sites for transmission of waste plastics, glass, paper and cardboard in the territory of the municipality;

15. Prevention of waste disposal of unauthorized places and/or the creation of illegal dumps and organize clean-up.

(4) in settlements with the Metropolitan Division built playgrounds in al. 3, item 11 should correspond at least to the number of areas so that services to be available to the residents of the municipality.

(5) failure to carry out the requirements of para. 3, t. 11 deduction under art. 64 shall be increased by 15 per cent for the period to the removal of non-compliance.

Art. 20. (1) the Mayor of the municipality organizes the execution of the obligations for participation in selective collection systems under art. 19, para. 3, item 6, and conclude contracts under the conditions and in the order specified by decision of the Municipal Council, with:

1. recovery organisations holding a permit issued pursuant to chapter v, section III, and/or

2. other persons possessing an authorisation or a registration document issued pursuant to chapter v, sections I and II, for the collection, transport, recycling and/or recovery of waste on the territory of the municipality, and/or complex permit issued pursuant to Chapter 7, section II, of the Act on the protection of the environment.

(2) the contracts with al. 1 is subject to the separate collection of waste from households, social, administrative and public buildings, catering, commercial sites and premises for recreation, entertainment and tourism.

(3) the mayors of municipalities with regional division may enter into contracts with persons under para. 1, item 1 and 2 for each region separately.

(4) contracts under para. 1 define at least the following conditions:

1. system requirements for separate collection of waste from households, including serviced population, type, number and location of sites and the containers for separate waste collection, frequency of service;

2. quantitative targets for separate collection, recycling and recovery of waste from households and similar waste as well as the conditions and procedures for reporting on their implementation;

3. obligations to control the compliance with the requirements for selective collection in the territory of the municipality;

4. the obligations for providing information to the citizens of the municipality on the application of the system of selective collection, education and information campaigns and working with the public.

Art. 21. (1) the Mayor of the municipality alone, when not taking part in the regional association of art. 24, para. 1, or jointly with the other mayors of municipalities from the regional association shall act on assigning and carrying out feasibility studies for the construction of a new facility (s) for the treatment of household waste for at least three years before running out the volume of landfill for municipal waste or the expiration of the lifetime of the installation, which shall inform the relevant REGIONAL INSPECTORATE.

(2) On real estate – public or private State property can be set up free of charge right in favour of municipalities to build landfills or other facilities or installations for the treatment of waste, as well as of the adjacent infrastructure. The right to construct a permanent.

(3) Requests for the establishment of the right of construction under para. 2 shall be submitted to the Minister of regional development and public works in concert with the Minister of environment and water. On the basis of a decision of the Council of Ministers the Governor shall conclude a contract for the formation of the construction law.

Art. 22. (1) the Municipal Council adopts an Ordinance, which sets out the terms and conditions for the disposal, collection, including separate congestion, transport, recovery and disposal of municipal and construction waste, including bio-waste, dangerous waste, ordinary waste, developed in its territory in accordance with the requirements of this Act and the regulations for its implementation, as well as pay for the provision of the services concerned by the procedure of the law for local taxes and fees.

(2) the Ordinance referred to in para. 1 shall be governed by and the requirements to the sites for the transfer of wastes from paper and cardboard, plastics and glass, including the conditions for the registration of sites, as well as the conditions for the transfer of waste at sites under art. 19, para. 3, item 11.

(3) the Municipal Board shall publish on its website and subject to public consultation the draft Ordinance under para. 1. In the discussion can participate all interested individuals, bodies and non-governmental organizations.

Art. 23. (1) the municipalities included in each of the regions referred to in art. 49, para. 9, create a regional waste management system, consisting of a regional landfill and/or other equipment for waste treatment.

(2) the regional waste management system aims to achieve their effective collection, transport and treatment in accordance with the requirements of art. 6, al. 1 and fulfilment of obligations under art. 19 through participation of municipalities.


(3) the municipalities – members of the regional association shall determine ownership of the regional landfill and/or other waste treatment facility. Ownership may be:

1. the municipality, which is the owner of the ground or has established the right of construction on definitions for building terrain;

2. co-ownership of the municipalities-members of the Association;

3. joint ownership between private and municipal funding partner – the owner of the field, and/or the municipalities – members of the Association;

4. ownership of private funding partner for the facilities for preparation prior to recovery or disposal and recovery of waste.

(4) the cost of treatment per tonne of waste received at the regional waste management system, is the same for all members of the regional association and can be calculated for profit associations.

(5) a municipality, a non-participating regional waste management system, you can use the same or a different one, under such conditions and prices set by the relevant regional association.

Art. 24. (1) the municipalities included in each of the regions referred to in art. 49, para. 9, created pursuant to this Act regional association.

(2) the Municipal Council of the municipality shall adopt a decision to participate in the regional partnership, a copy of which is sent to the Mayor of the municipality in whose territory it is planned or are located on-site waste treatment.

(3) the Municipal Council of the municipality of the region under art. 49, para. 9 may adopt a decision on accession to the Association of municipalities of the region, provided it is not subverting establishment or functioning of the regional association or regional waste management system in its own region after presentation of the positive opinions of both regional associations and the REGIONAL INSPECTORATE.

(4) the members of the regional association can be only municipalities.

(5) Regional Association arises from the date of its first general meeting, the minutes of which shall be sent to the Minister of environment and water and the regional Governor.

(6) Regional Association is a legal entity based in the municipality, which is the owner of the ground on which it is built or is planned the construction of waste treatment facility, or which has established the right of the building.

(7) Regional Association is not intended to and does not allocate profit does not acquire property. Its activity is supported and sponsored by the respective municipal administrations.

(8) the authorities of the regional association are the General Assembly and the President of the Association.

(9) the municipalities can obtain financing projects in the field of waste management of EU funds, the State budget, the management of activities on the protection of the environment (EMEPA) of the Ministry of environment and water or other national public sources of funding only after the creation of the regional association.

(10) the provisions of para. 9 shall not apply in cases where a region consists of one municipality.

(11) municipality that refuses to participate, cause delay, thwart the establishment or functioning of the regional association and/or of a regional waste management system, pay damages and missed benefits to the other municipalities of the region.

Art. 25. (1) the general meeting of the regional association is composed of the mayors of the municipalities.

(2) the Governor, and if the region under art. 49, para. 9 falls on the territory of two or more areas – their governors, participating in the General Assembly of the regional association, without the right to vote.

(3) the General Assembly shall be convened by its Chairman every six months or at the request of any of the persons referred to in paragraph 1. 1 or 2. Convocation is made by written invitation with agenda to the persons referred to in para. 1 and 2, a copy of which shall be sent to the Minister of environment and water.

(4) the general meeting shall be held if attended by the mayors of all municipalities, members of the regional association.

(5) in the absence of the quorum the meeting is postponed for one hour later and held if attended by at least two-thirds of the mayors and they represent at least two-thirds of the residents of all the municipalities – members of the regional association.

Art. 26. (1) the general meeting shall decide on:

1. election of the President;

2. admission of new members to the regional association;

3. giving an opinion on the accession of the community to an Association of municipalities;

4. the establishment of separate facilities for waste treatment, structure and evolution of the regional waste management system;

5. determination of the municipalities that awarded contracts for the selection of suppliers and contractors in the construction of the elements of the regional waste management system, as well as on the representativeness of the municipalities in the commissions for conducting the public procurement;

6. the allocation of responsibilities between the municipalities to implement the objectives set out in art. 31, para. 1;

7. adoption of the investment programme for the development of regional waste management system;

8. the establishment of procedures and methods for collection and distribution of the price of the users of the system (the municipalities – members of the regional association);

9. consent and setting prices in cases where regional waste management system for the benefit of communities outside of regional association or by the other owners of waste;

10. implementation of the control of the operation of a regional waste management system and the activity of the selected operator (s);

11. ownership of regional landfill and/or facilities for waste treatment;

12. internal rules of the Association;

13. other matters related to the activities of the regional association.

(2) in the cases under art. 25, para. 4 the general meeting shall take decisions by a majority of at least two-thirds of the attending mayors, representing at least two thirds of the residents of all the municipalities – members of the regional association.

(3) in the cases under art. 25, para. 5 General meeting shall take decisions by unanimity.

(4) the meetings of the General Assembly shall draw up protocols that shall be signed by the Chairman and by the attending mayors.

(5) the decisions of the General Assembly are an integral part of the protocols referred to in para. 4, which shall be published on the Internet pages of the municipalities included in the regional association within one week after the meeting and shall be sent to the Minister of environment and water and the regional Governor.

(6) the decisions of the general meeting, subject to review only by the municipalities under the administrative code.

(7) a municipality that does not comply with a decision of the general meeting within her time, responsible for the damages and missed benefits to members of the regional association.

Art. 27. (1) the President of the regional association shall be elected from among the persons under art. 25, para. 1 for a period, concurrent with his tenure as Mayor.

(2) the President of the Association participated in the votes of the General Assembly on a par with the rest of the mayors of the municipalities.

Art. 28. the Chairman of the Association:

1. represent the Association;

2. prepare the agenda for meetings of the General Assembly;

3. convene and preside over meetings of the General Assembly;

4. maintain reliable information about the number of inhabitants of the municipalities – members of the regional association, on the basis of official figures from the National Statistical Institute;

5. organize and manage implementation of the decisions of the General Assembly;

6. carry out other activities assigned to it by the General Assembly.

Chapter three

REQUIREMENTS FOR THE COLLECTION, TRANSPORT AND TREATMENT OF WASTE

Art. 29. (1) the waste according to their types, properties, composition and other characteristics shall be collected, transported and handled in a manner that will not impede their subsequent recovery.

(2) it is prohibited to abandonment, unauthorised disposal and incineration or other form of uncontrolled waste management.

(3) in the course of collection, transport and temporary storage, hazardous waste is packaged and labelled in accordance with the applicable standards of the European Union, and in accordance with the international legal instruments on the transport of dangerous goods, ratified by the Republic of Bulgaria with the law.

(4) the production, collection and transport of hazardous waste, as well as their storage and treatment, are carried out in conditions providing protection for the environment and human health, in accordance with art. 1, including through measures to control waste and ensure the possibility of their monitoring of the formation to their final treatment, subject to the requirements of chapter IV, section I.

(5) in respect of the carriage of hazardous waste on the territory of the Republic of Bulgaria shall be accompanied by an identification document in a form determined by the Ordinance under art. 48, para. 1. The document may be in electronic format and contain the information set out in Annex IB to Regulation (EC) No 1013/2006.

Art. 30. (1) where persons whose activities are formed, collected, transported and/or treated waste, take the necessary measures for the recovery of the waste in accordance with the waste management hierarchy under art. 6, al. 1 and in compliance with the requirements of art. 1, al. 3. (2) where it is necessary for compliance with the provisions of paragraphs 1 and 2. 1 and to facilitate or improve recovery, waste is collected separately, if this is feasible from a technical, environmental and economic point of view, and do not mix with other waste or other materials with different properties.

(3) where no recovery has been initiated in accordance with the provisions of paragraphs 1 and 2. 1 persons whose activities are formed and/or treated waste, take the necessary measures for the environmentally sound disposal of waste in accordance with the provisions of art. 1, al. 3 concerning the protection of human health and the environment.


Art. 31. (1) in each of the regions referred to in art. 49, para. 9 systems for separate collection, reuse, recycling and recovery of waste shall ensure that at least the following objectives:

1. not later than 1 January 2020, the preparing for re-use and recycling of waste materials, including paper and cardboard, metal, plastic and glass from households and similar waste from other sources of not less than 50 per cent of the total weight of such waste;

2. by 31 December 2020, limiting the amount of biodegradable municipal waste landfilled to 35% of the total quantity of the same waste produced in the Republic of Bulgaria in 1995.

(2) the purposes under para. 1 is achieved in stages in accordance with the time limits specified in § 15 of the transitional and final provisions and the Ordinance under art. 43, para. 5.

(3) the methods for the calculation of the fulfilment of the objectives under paragraph 1. 1 shall be determined by the Ordinance under art. 43, para. 5.

(4) in each of the regions referred to in art. 49, para. 9 purposes under para. 1 run jointly by all the municipalities in the region, in accordance with the decision referred to in art. 26, al. 1, item 6.

Art. 32. (1) the systems for the treatment of construction waste shall ensure that not later than 1 January 2020, re-use, recycling and other recovery of materials from non-hazardous construction and demolition waste, including bulk actions through substitution of other materials with waste in a quantity of not less than 70 per cent of their total weight, which excluded unpolluted soils masses of Earth and rock excavation in the natural state.

(2) the purposes under para. 1 is achieved in stages in accordance with the time limits specified in § 16 of the transitional and final provisions.

(3) the methods for the calculation of the fulfilment of the objectives under paragraph 1. 1 shall be determined by the Ordinance under art. 43, para. 4.

Art. 33. (1) the systems for separate collection of waste under art. 19, para. 3, item 6, and for selective collection of packaging waste shall cover not less than 6 0000 0000 inhabitants on the territory of the State and must include all cities with a population of more than 5000 inhabitants, and resort locations.

(2) the waste of paper and cardboard, glass, plastics and metals, formed from retail outlets, manufacturing, industrial and administrative buildings, is collected separately.

(3) exemption from the requirement under paragraph 1. 2 is allowed in places where there is no established system for separate collection of waste from the same households.

(4) users of retail outlets, manufacturing, industrial and administrative buildings in the settlements under para. 1 are obliged to collect separately waste under para. 2 and to transmit them to the holders of an authorisation, permit or complex registration document under art. 35 and/or recovery organization.

(5) the terms and conditions for the establishment and functioning of the systems for separate collection of waste under para. 2 and 4 are determined by the Ordinances under art. 13, para. 1 and art. 22.

Art. 34. (1) bio-waste from maintenance of public areas, parks and gardens are collected separately.

(2) bio-waste under para. 1, as well as waste from green areas to commercial sites, manufacturing, industrial and administrative buildings are treated by composting or anaerobic digestion, in a way that ensures a high level of environmental protection.

(3) the activities referred to in para. 1 and 2 shall be carried out in compliance with the requirements of this law and of the Ordinance under art. 43, para. 5.

Art. 35. (1) to carry out waste treatment operations are required:

1. the authorisation granted in accordance with Chapter v, section I, or

2. integrated permit issued pursuant to Chapter 7, section II, of the Act on the protection of the environment.

(2) permission is not required for:

1. collection and storage of wastes on the site of the formation, including ferrous and non-ferrous metals (OČCM);

2. the collection and transport of waste within the meaning of § 1, item 41 and 43 of the additional provisions;

3. activities of non-hazardous waste recovery, indicated by R3 codes, with the exception of gasification and pyrolysis when the components produced by the activity, used as chemicals, R5, R11 and R12, R13, within the meaning of Annex No. 2 to § 1, item 13 of the additional provisions, with the exception of OČCM, waste cans, discarded electrical and electronic equipment, batteries, spent batteries and rechargeable batteries (the NUBA) and end-of-life vehicles (ELV);

4. activities at the disposal of own non-hazardous waste at the place of their formation, bearing the code D2, D3, D8, D9, D13 and D14 within the meaning of Annex No. 1 to § 1, item 11 of the supplementary provisions;

5. activity, indicated by code R1 as defined in annex 2 to § 1, item 13 of the additional provisions relating to incineration with recovery of energy obtained at specialized facilities for the purpose of non-hazardous waste, the definition of "biomass" within the meaning of § 1, item 1 of the supplementary provisions;

6. activities in the readmission of the territory of commercial objects of ordinary waste of packaging, which are organized or other deposit system for multiple use, batteries, electrical and electronic equipment (EEE) and tyres;

7. the activity of pre-treatment, marked with R12 code within the meaning of Annex No. 2 to § 1, item 13 of the additional provisions of the own non-hazardous waste from the packaging at the place of their formation, including on the territory of trade points;

8. activities of separate collection of waste which are not conducted on a professional basis, such as collecting drugs expired from pharmacies or campaigns of municipalities for waste collection in schools;

9. activities as a dealer and/or broker of waste when they do not include activities with waste on a particular site.

(3) for carrying out the activities referred to in para. 2, item 2 – 5 requires registration and the issuing of a document in accordance with Chapter v, section II, and to the activities under item 9 – pursuant to Chapter five, section IV.

(4) in cases where activities are performed simultaneously in the Al. 1, item 1, and under para. 2, item 3 – 5, persons may submit an application for authorisation under art. 67, including all activities, which repeals the requirement for registration and issuance of a registration document for activities included in the authorization.

(5) the registration document for activities under para. 2, item 2 shall be issued separately from the remaining permits and registration documents.

(6) by the Ordinance under art. 43, para. 1 lay down the General rules and in the treatment of waste for each of the activities referred to in para. 2, item 3 – 5, exempt from the requirement to obtain a permit.

Art. 36. The expiry of the time limits for carrying out the registration or authorisation or for the amendment and/or addition of registration or authorization under art. 35 in the cases referred to in this Act and the regulations for its implementation is considered to be tacit consent to the carrying out of the activity.

Art. 37. don't allow placement of waste treatment sites on the territory of zone I of the sanitary-protective zones of water sources and facilities for domestic water supply and around water sources of mineral waters used for therapeutic, prophylactic, drinking water and hygiene needs.

Art. 38. (1) the activities of OČCM, waste cans, IUEEO, the NUBA and ELV are carried out only on the grounds, located on the territories, which under the plan are eligible manufacturing and warehouse activities, the ports of public transport of national and regional significance and the objects of the railway infrastructure of economic purpose. Each site must comply with the regulatory requirements for the protection of human health and the environment.

(2) the requirements under paragraph 1. 1 shall not apply in cases of take-back waste from metal packaging, the NUBA IUEEO, at the point of sale of the relevant products.

(3) technical requirements to the sites for carrying out activities with OČCM, metal packaging, ELV, IUEEO and the NUBA are determined by the Ordinance under art. 43, para. 1 and the regulations for the type of ordinary waste under art. 13, para. 1.

(4) Payments in transactions with OČCM bezkasov shall be carried out in time.

Art. 39. (1) the transmission and reception of OČCM who have no bit character, including those that represent wires and elektroprovodnici of any kind and size, elements of electronic communications infrastructure, components and parts of railway rolling stock, permanent way, including security, signalling and communication facilities and any wiring to them, any elements and parts of the road infrastructure such as road signs, guardrails, metal lids of shafts , parts of the street lights or vodnonapoitelni systems and facilities, as well as the metalos″d″ržaŝi monuments or parts or elements thereof, is carried out only in the presence of a certificate of origin issued by the persons in whose activities are formed, and on the basis of concluded a written contract.

(2) individuals can transmit only OČCM with a bit character in the event of a declaration of origin.

(3) the transfer of waste in the cases referred to in para. 2 is carried out at sites under art. 19, para. 3, item 11 or through campaigns for the separate collection of waste from households, organized by the mayors of the municipalities, free of charge for each of the parties.

(4) the certificate of origin of deklaraciâta and OČCM shall be filled in a form approved by the Minister of environment and water.

(5) Waste under para. 1 keep and prepare for recovery separately from other OČCM.


(6) where a playground activities are carried out with metal waste packaging, ELV, the NUBA IUEEO and OČCM, as well as the waste resulting from their treatment, they are stored separately on separate parts of the site. In the subsequent transmission of metallic waste packages and the OČCM, formed after the preconditioning prior to utilization of the IUEEO, the NUBA and ELV, they are recorded separately with code and name under the Ordinance under art. 3.

(7) the persons carrying out activities with OČCM are required to provide each site 24-hour video surveillance within one month of receipt of the authorization or his addition with new/and grounds and keep records for one year.

Art. 40. the treatment and transport of waste from construction sites and from the removal of the works shall be carried out by the contracting authority of the work or by the owner of the construction waste or by another person, fulfilling the requirements under art. 35, on the basis of a written contract.

Art. 41. (1) the household waste from entering the country's air, water and land transport vehicles be treated immediately after their entry into the country in accordance with the requirements of Regulation (EC) no 1069/2009, law of animal health activities and related regulations.

(2) the activities referred to in para. 1 shall be carried out by persons holding a permit or registration document under art. 35.

Art. 42. (1) in the case of a serious hazard to human health and the environment resulting from the formation or activities with hazardous waste, the Council of Ministers shall, on a proposal from the Minister of health and Minister of environment and water set by decision the necessary measures to eliminate the threat, including in the absence of the conditions under art. 35.

(2) upon the proposal of the Minister of environment and waters by an act of the Council shall be authorized to use up to 10 percent of the remaining capacity of the regional landfill, which has been in operation, or any other kind of design capacity of regional facility for the treatment of household waste for the needs of other regions where there is a justified and emergency related to implementation of the national waste management plan. Landfills and/or facilities, the use of which is authorised for the needs of other regions, should be built with funds, over 50 percent of which are provided by the State budget of the Republic of Bulgaria or by another national or international funding.

(3) waste destined for treatment under para. 2, go to waste and/or disposed of at the prices for the treatment of household waste to the facility from the regional system.

Art. 43. (1) the conditions and requirements to the sites for the deployment of waste treatment facilities, for the construction and operation of installations and facilities for waste treatment, and to advance the storage, treatment and transport of industrial and hazardous wastes and waste management and equipment containing polychlorinated biphenyls shall be determined by an Ordinance of the Minister of environment and waters, consistent with the Minister of regional development and public works and the Minister of health.

(2) the order and the manner of calculating and determining the amount of securities and write-downs, required for the disposal of wastes in chapter four, section IV shall be determined by an Ordinance of the Minister of environment and waters, consistent with the Minister of finance.

(3) the requirements for collection and treatment of waste in the territory of the healing and health care facilities shall be determined by an Ordinance of the Minister of health and Minister of environment and water.

(4) the requirements for the management of construction waste and the use of recycled construction materials shall be determined by an Ordinance of the Council of Ministers.

(5) the requirements for the collection and treatment of bio-waste, the methodology for calculating the fulfilment of the objectives of art. 31, para. 1 and the distribution of those objectives in relation to the regions under art. 49, para. 9 shall be determined by an Ordinance of the Council of Ministers.

(6) the requirements for the management of sludges from waste water treatment shall be determined by an Ordinance of the Council of Ministers.

Chapter four

Information, planning and financing Section I

Information and public records

Art. 44. (1) the persons, whose activity is connected with the formation, collection, transport and/or treatment of industrial and/or hazardous waste, as well as those holding a permit or authorization bill, registration document under art. 35 and carrying out activities of collection and transportation and/or treatment of household and/or construction waste, shall keep accounting books certified by the competent authority for issuing the authorisation or the registration document, and those holding complex permit from the Director of the REGIONAL INSPECTORATE in whose territory business is carried on. Traders and brokers of waste are required to keep accounting books, certified by the Director of the REGIONAL INSPECTORATE on whose territory their headquarters, and for non-residents – the Director of RIOEW-Sofia.

(2) the accounting books contain chronological information about the quantity, nature and origin of the waste and, where required, the destination, frequency of collection, mode of transport and the methods of waste treatment.

(3) the accounting books and records of waste shall be stored for a period of 5 years, including after termination of activities.

(4) when closing the entirety of the activities of all facilities and installations of a given area persons under para. 1 transmit the accounting books in municipal administrations, which kept them within the time limits referred to in paragraph 1. 3. (5) the persons referred to in para. 1 provide at the request of the supervisory authorities referred to in chapter v or previous holder of waste documents proving that waste management activities are carried out.

(6) the persons referred to in para. 1 prepare and submit in the Executive Environment Agency (EAE) annual reports on the waste in accordance with the requirements of this Act and the Ordinance under art. 48, para. 1.

(7) persons, triggering the market products, after use of which form ordinary waste, provide information and keep records in accordance with the Ordinances under art. 13, para. 1.

(8) persons referred to in para. 1 and 7 provide the inspection bodies in Chapter five, on request, documents relating to the report and the information on the activity of management of the waste.

Art. 45. (1) the Executive Director of EAE or an official authorised by him leads public records of: 1. the authorisations referred to in art. 67, including those with suspended action;

2. those who place on the market, including batteries and accumulators incorporated into appliances and motor vehicles;

3. persons who place EEE on the market;

4. the persons placing on the market the mineral or synthetic oils;

5. the persons placing on the market the tyres;

6. persons performing activities as a dealer under § 1, item 45 of the additional provisions, or as a broker under § 1, item 5 of the supplementary provisions;

7. registration documents under art. 78, including those with suspended action;

8. the persons placing on the market the polymer bags;

9. sites for activities with OČCM, IUEEO, ELV and the NUBA.

(2) the records referred to in para. 1 fit at least the following circumstances:

1. the registration number, the name of the person, company, respectively, UIC and address of management;

2. contact person, including phone, fax and email;

3. mailing address, including postal code, location, name and number of the street/Boulevard and Internet address;

4. the way of the fulfilment of obligations under art. 14, para. 2 of the persons referred to in para. 1, item 2-5;

5. trademarks, which individuals use in the country, in the cases referred to in para. 1, item 2 – 5.

(3) in the registry under para. 1, item 1 and 7 shall be entered:

1. the number of the relevant document under art. 67 and 78, date of issue and the competent authority;

2. address of the sites at which the activity is carried out;

3. code of the waste in accordance with the Ordinance under art. 3, al. 1;

4. activity carried out with the waste in annex No. 1 or no. 2.

(4) the register referred to in para. 1, item 2 shall be entered and appropriate type of batteries and accumulators placed on the market which the person – portable, automotive and industrial.

(5) the register referred to in para. 1, item 3 is entered, and the categories which the person EEE placed on the market.

(6) the register referred to in para. 1, item 4 shall be entered and types of mineral and synthetic oils, which the person placed on the market.

(7) in the registry under para. 1, item 6 shall be entered and: 1. the status of the person – trader and/or broker;

2. type, code and name of the waste, with carrying out the activity.

(8) the records may be kept and maintained, and by relevant sectoral organisations, in agreement with the Minister of environment and water.

Art. 46. the Minister of Internal Affairs keeps a register of motor vehicles suspended registration, submitted for razkomplektuvane.

Art. 47. (1) persons, triggering the market products, after use of which form ordinary waste, for which public records are kept under art. 45, para. 1, register under the conditions and in accordance with procedures set out in the relevant Ordinances under art. 13, para. 1 and the Ordinance under art. 59. (2) the persons who own a document under art. 35, and may carry out activities as a trader and broker within the meaning of this law with the waste referred to in the document, without registration under art. 104. Art. 48. (1) the Minister of the environment determined by Ordinance procedures and forms that provide information about the activities of the waste, as well as procedures for keeping the public registers under art. 45, para. 1.

(2) information on waste required includes: quantity, properties and origin of the waste, as well as other data determined by the Ordinance under para. 1.


(3) the public authorities, including the National Institute of statistics, national Customs Agency, the National Revenue Agency, Security Directorate police "Executive Agency" automobile administration ", State Agency for metrological and technical surveillance and the Commission for the protection of customers provide information of EAE in accordance with the requirements and within the time limits of the Ordinances under para. 1, art. 13, para. 1 and art. 43.

(4) the obligation to provide information on EAE and all are legal or natural persons carrying out activities on waste management or whose activities generate waste, including those of triggering the market products, after use of which form ordinary waste.

(5) Customs Agency provides, on request, of information on EAE quantities of certain products with CN codes in annex I to Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the common customs tariff (1), hereinafter referred to as "Commission Regulation (EEC) No 2658/87" and a list of the persons carried out import and/or export of the products. The request is in writing and contain information about products and their combined nomenclature codes and the period to which it relates.

(6) the National Revenue Agency provides, on request, of information on EAE quantities of certain products with CN codes in annex I to Regulation (EEC) No 2658/87.

(7) information under para. 3-5 serve only for the purposes of this Act, by taking the necessary organisational and technical measures for this. To work with such information is allowed only persons signed the affidavit to maintain secrecy in cases where this is required by law.

Section II

Plans and programmes

Art. 49. (1) the Minister of the environment and waters developed and submitted for adoption in the Council of Ministers a national waste management plan.

(2) in the preparation of the plan under paragraph 1. 1 taking into account the General principles of the protection of the environment, as a precaution and sustainability, technical feasibility and economic viability, protection of resources as well as the impact on the environment, human health, the economy and society.

(3) the plan referred to in paragraph 1. 1 contains an analysis of the current status of waste management in the Republic of Bulgaria, the measures to be taken to improve environmentally sound preparing for re-use, recycling, recovery and disposal of waste, as well as an evaluation of how the plan will support the implementation of the objectives and the implementation of the provisions of the Act.

(4) the plan referred to in paragraph 1. 1 includes:

1. analysis of the current situation and forecast of the type, quantities and sources of waste generated within the territory of the country, as well as waste likely to be subject to cross-border transport from or to the national territory;

2. the existing waste collection schemes and major installations and equipment for disposal and recovery, including any special arrangements for waste oils, hazardous waste or waste streams for which requirements are regulated with this law and the regulations for its implementation;

3. assess the need for new collection schemes, the closure of existing installations and waste facilities, additional infrastructure installations and waste facilities, as well as relevant to the it investment;

4. information on the criteria used for determining the location and capacity of key facilities and installations for the disposal or recovery of waste, which is planned to be built;

5. General waste management policies, including the envisaged technologies and methods of waste management, and specific policies to specific groups of wastes that require special management;

6. measures to support the re-use of products and activities in preparation for reuse, in particular by promoting the establishment of networks for reuse and fixes and support for them, the use of economic instruments, procurement criteria, quantitative objectives or other measures;

7. measures to promote high quality recycling through the introduction of schemes for separate collection of waste where technically, environmentally and economically practicable, in order to guarantee the necessary quality standards for the relevant recycling sectors;

8. organizational aspects relating to the management of waste, including a description of the allocation of responsibilities between the Central and the territorial bodies, natural and legal persons who carry out the management of waste;

9. evaluation of the usefulness and appropriateness of the use of economic and other instruments to solve the various problems in the field of waste, taking into account the need to maintain the smooth functioning of the market;

10. measures to encourage the separate collection of bio-waste for the purpose of composting and anaerobic digestion, as well as for the treatment of bio-waste in a way that ensures a high level of environmental protection, including measures to gradually reduce the quantity of landfilled biodegradable waste;

11. measures to promote implementation of waste management options, which provide the most favourable outcomes for the environment as a whole, in accordance with the waste management hierarchy under art. 6, al. 1;

12. the use of environmentally safe materials produced from bio-waste;

13. a separate chapter on the management of packaging and packaging waste, including measures on prevention and reuse;

14. national strategy for limiting the quantities of biodegradable waste disposed of in landfills;

15. information on contaminated sites and waste disposal measures for their rehabilitation;

16. measures for the implementation of awareness campaigns and information provision directed at the general public or to specific groups of users;

17. the purpose, stages and deadlines for achieving them;

18. an assessment of the financial resources required for implementing the plan;

19. coordination with other plans and programmes pertaining to the activity;

20. the system of accounting and control of implementation;

21. a system of evaluation of results and update of the plan.

(5) the plan referred to in paragraph 1. 1 provides for measures to encourage the development of products in order to reduce their impact on the environment and the generation of waste in the process of the production and subsequent use of products, and to ensure that the recovery and disposal of products that have become waste, in compliance with art. 1, al. 3 and art. 6.

(6) the measures referred to in paragraph 1. 5 may encourage the development, the production and the placing on the market of products that are suitable for multiple use, that are technically durable and that are, after having become waste, suitable for appropriate and safe recovery and disposal in compliance with environmental protection requirements.

(7) the plan referred to in paragraph 1. 1 includes measures establishing an integrated and adequate network of disposal installations and facilities of the waste and the recovery of domestic waste:

1. by applying the best available techniques;

2. in the nearest facilities/installations, both to the source of waste formation, using the most appropriate methods and technologies, providing a high level of protection of human health and the environment.

(8) in accordance with the provisions of art. 30, para. 2 the plan under paragraph 1. 1 provides for measures for the implementation of systems for separate collection of at least the following waste: paper and cardboard, metals, plastics and glass, and implementing measures for the purposes of re-use, recycling and recovery of waste materials under art. 31 and 32.

(9) with the plan under paragraph 1. 1 determine the regions, involving municipalities, benefiting a total of regional landfill and/or other equipment for waste treatment.

(10) the plan referred to in paragraph 1. 1 shall be drawn up for a period of at least six years.

(11) the Minister of the environment and water management shall submit every three years a report to the Council of Ministers for the implementation of the plan referred to in paragraph 1. 1 and report on achievement of the targets for the recycling of household waste under art. 31, para. 1, item 1, and for the recycling and recovery of materials from construction and demolition waste under art. 32, para. 1. in the case of the absence of those objectives, the report shall state the reasons for the absence and the measures that will be taken to ensure future performance.

Art. 50. (1) the Minister of the environment and water develops and submits to the Government programme to prevent the generation of waste.

(2) the programme referred to in paragraph 1. 1 is an integral part of the national plan for waste management under art. 49, para. 1.

(3) the programme referred to in paragraph 1. 1 includes:

1. existing measures to prevent the generation of waste;

2. evaluation of benefits from the application of measures to prevent sample in annex 4 or by the application of other appropriate measures;

3. determine appropriate specific qualitative or quantitative benchmarks adopted for monitoring and evaluation of progress in the implementation of measures to prevent waste;

4. indicators to assess the implementation of measures to prevent the generation of waste.

Art. 51. (1) the plan referred to in art. 49 and the program under art. 50 are valued and recorded at least every 6 years and updated, where necessary and as appropriate.

(2) in developing the plan under art. 49 and the program under art. 50, the Minister of environment and water organizes consultations with relevant stakeholders, State administration, local authorities and the public.


(3) the final plan Adopted under art. 49 and the program under art. 50 shall be published on the website of the Ministry of environment and water.

Art. 52. (1) the Mayor of the municipality of develop and implement waste management program for the territory of the municipality.

(2) Program is an integral part of the municipal programme for the environment.

(3) the programme referred to in paragraph 1. 1:

1. elaborate and adopt, for a period which should coincide with the period of validity of the national waste management plan;

2. updated when a change in the factual and/or legal conditions.

(4) the program shall be developed in accordance with the structure, goals and projections of the national waste management plan.

(5) the programme shall include the measures necessary for the implementation of the duties of the Mayor of the municipality and the requirements of chapter two, section III.

(6) the mayors of two or more municipalities, included in the region under art. 49, para. 9, could develop a common waste management program, in the event that the obligations, responsibilities and measures affecting individual municipalities, are clearly distinguished in the program.

(7) the programme on waste management is published on the website of the municipality for the purpose of providing public access.

(8) the programme shall be adopted by the Municipal Council of the municipality, who supervises its implementation.

(9) the Mayor of the municipality shall inform annually before 31 March the City Council for the implementation of the program in the preceding calendar year.

(10) the Minister of the environment and water issues guidance on developing programs under para. 1.

Art. 53. (1) the persons under art. 14, para. 2 fulfilling his obligations individually, and recovery organisations develop and implement programs for waste management in accordance with the provisions of the Ordinances under art. 13, para. 1.

(2) upon failure to comply with the obligations and objectives of art. 14, para. 1 and art. 15 programs under para. 1 update in the order laid down in the Ordinances under art. 13, para. 1.

Section III

Funding

Art. 54. the costs for the collection, storage, in advance of the waste has been at the expense of:

1. the initial cause of the waste or the present or previous holder of waste;

2. persons, triggering the market products, after use of which form ordinary waste, in the cases specified by this Act.

Art. 55. (1) where the producers of waste are unknown, the cost of restoring the quality of the environment shall be borne by the persons in whose holding is situated within the waste.

(2) all costs of restoring the quality of the environment and uncover the actual causative recover from it.

Art. 56. (1) on an annual basis with the law on the State budget of the Republic of Bulgaria, on the proposal of the Minister of environment and water set target funds for the construction of equipment and installations for the treatment of domestic, ordinary and hazardous waste, as well as for cleaning and recultivation of areas contaminated with waste.

(2) facilities and waste treatment plants, which have been built or are being built with funds provided by the law on the State budget of the Republic of Bulgaria or other national or international funding, are used in accordance with the measures provided for in the action plan of the national waste management plan under art. 49, para. 1.

(3) when the installations and facilities are not used in accordance with the requirements of paragraphs 1 and 2. 2 municipalities recover funds in the State budget or in EMEPA.

Art. 57. the costs of activities with municipal waste and the fulfilment of the obligations of the organs of local self-government and local administration in chapter two, section III of this law provides for the budget of the municipality in the amount of not less than planned for the year, revenues from local taxes under art. 6, al. 1 (a) of the law for local taxes and fees.

Art. 58. (1) in the enterprise for management of environmental protection received amounts from:

1. fees under art. 59;

2. the fines and pecuniary penalties under Chapter six – when penalty decrees were issued by the Minister of environment and water or by officials authorised by him.

(2) The budget of the municipality received the amounts of the fines and pecuniary penalties under Chapter six – when penalty decrees were issued by the Mayor of the municipality.

(3) the resources of the Al. 1 and 2 shall be expended for projects and sites for waste management.

Art. 59. (1) the product fee in the amount and in accordance with procedures laid down by the Decree of the Council of Ministers, shall be paid by:

1. the persons under art. 14, para. 1, triggering the market products, after which use ordinary waste are produced which do not fulfil the commitments and objectives in accordance with art. 14, para. 2 for separate waste collection, reuse, recycling and/or recovery of the waste in accordance with this Act and the Ordinances under art. 13, para. 1;

2. the persons under art. 14, para. 2, item 1, fulfilling his obligations individually that have not fulfilled their purposes under art. 14, para. 1;

3. recovery organisations, who have not met the targets for separate collection, reuse, recycling and/or recovery of ordinary waste of obligated persons under art. 14, para. 2, item 2, members of the Organization;

4. the persons under art. 14, para. 2, item 2, members of the Organization for recovery, which are not paid her the agreed remuneration and/or do not have provided information on the quantities of products put on the market;

5. the persons under art. 14, para. 2, item 2, members of the Organization for recovery in cases of reported smaller quantities of products actually placed on the market for the relevant reporting period.

(2) in the cases referred to in para. 1, item 2-5 Minister of environment and waters shall determine by order the persons who pay the product fee.

(3) the Minister of the environment determines by order persons who do not pay the product fee in the performance of their duties and purposes under art. 14, para. 1.

(4) the amounts due for the product fee, determined by a judgment which has the force of an order under subsection. 2, collect overhead along with interest and the costs of the National Revenue Agency (NRA) by the order of the tax-insurance procedure code.

(5) the amounts recovered from the IRS do the account referred to in the request made for their collection.

(6) in the cases referred to in para. 1, item 2 and 3 organizations and persons that meet the individual obligations shall not be exempted from liability to pay the product fee if their subcontractor has not fulfilled his assigned duties.

(7) persons who place on the market in the territory of the Republic of Bulgaria polymeric bags, pay the product fee for plastic bags in a row and in the amount determined by the Ordinance under para. 1.

Section IV

Financing the disposal of waste by landfill

Art. 60. (1) For the disposal of waste by landfill every owner of the depot provides collateral to cover the future costs of closing and sledeksploatacionni care of the site of the landfill.

(2) the security referred to in para. 1 may take the form of:

1. the monthly deduction in a bank account for foreign funds to the REGIONAL INSPECTORATE in whose territory is situated the landfill, or 2. monthly deductions to the bank account, blocked for the period up to completion and acceptance of the closure measures and sledeksploatacionni care of the site of the landfill, except where their use is permitted in accordance with art. 62, or

3. a bank guarantee in favour of the relevant REGIONAL INSPECTORATE in whose territory is situated the landfill.

(3) where the owner of the landfill is a municipality or a budget dimension, the security establishment under para. 1 is in the form of monthly deductions under para. 2, item 1 or 2.

(4) the Deduction under paragraph 1. 2, paragraphs 1 and 2 shall be fixed in dollars for one ton of waste deposited.

(5) the amount of the deduction for a ton of deposited waste is updated every three years.

(6) the amounts due for uncommitted deductions under para. 2, paragraph 1 or 2 shall be determined by an Act establishing the publicly owned making issued in accordance with art. 166 of the tax-insurance procedure code by the Director of the REGIONAL INSPECTORATE in whose territory is situated the landfill. The Act shall be drawn up on the basis of the documents specified by the Ordinance under art. 43, para. 2.

(7) the Uncommitted deductions under para. 2, item 1 or 2 after the entry into force of the Act establishing the publicly-owned claim under para. 6 collect forced together with interest and the costs of the NOC by the order of the tax-insurance procedure code.

(8) the amounts recovered from the IRS do the account referred to in the request made for their collection.

(9) the terms and the manner of determining the amount and the provision of collateral, the spending of funds resulting from the deductions and cases in which the REGIONAL INSPECTORATE have the right to ask the bank guarantee absorption shall be determined by the Ordinance under art. 43, para. 2. (10) by the Ordinance under art. 43, para. Specifies the minimum amount of collateral and for closing and sledeksploatacionni care of landfills.

Art. 61. (1) the bank account referred to in art. 60, para. 2, item 2 shall be initiated by the owner of the site in the chosen by him a commercial bank under art. 2, al. 5 of the law on credit institutions licensed to conduct securities transactions, the funds raised, which can be spent only with the permission of the relevant REGIONAL INSPECTORATE in whose territory is situated the landfill. The owner of the landfill each month, submit to the Director of the RIEW statement of account that is authenticated by the service bank.

(2) Securities under art. 60, para. 2 shall not be subject to enforcement.

(3) the bank guarantee referred to in art. 60, para. 2, item 3 is unconditional and breaking even and is provided for a one-year period, shall remain valid until the completion and adoption of the measures and the closure of care sledeksploatacionni site of the landfill.

(4) the bank undertakes guarantor unconditionally and irrevocably upon the first written request of the Director of the REGIONAL INSPECTORATE to translate bank guarantee in favour of and to the account of the REGIONAL INSPECTORATE.


(5) the amount of the bank guarantee referred to in art. 60, para. 2, item 3 may not be less than the amount of the deduction referred to in art. 60, para. 2, item 1 or 2, calculated on an annual basis and payable cumulatively for the period of validity of the guarantee.

(6) until the completion and adoption of the measures and the closure of care sledeksploatacionni site of the landfill bank guarantee shall be extended or renewed periodically at least one month before the expiry of the period referred to in paragraph 3, during the operation of the landfill, the amount of the collateral of the renewed bank guarantee shall be determined in accordance with para. 5.

(7) in the event that the bank guarantee is not extended or renewed at term under para. 6, it is absorbed by the Director of the RIEW, who issued an order suspending the operation of the landfill to the granting from the owner of the landfill of collateral under art. 60, para. 1. (8) Bank guarantee under art. 60, para. 2, item 3 is digested by the Director of the REGIONAL INSPECTORATE in the case of non-compliance detected of the closure of the landfill, with the result that the delay of more than two years of implementation of the plan for the closure.

(9) after the adoption of the measures and the closure and reclamation of the site, the amount of the bank guarantee shall be reduced by the amount of the cost of care at the site sledeksploatacionni with the written consent of the Director of the REGIONAL INSPECTORATE.

Art. 62. (1) For performance of the obligation under closure and sledeksploatacionni care at the site of the landfill or the Division or section thereof in the presence of the necessary conditions to close under the Ordinance under art. 43, para. 1 the owner of the landfill shall submit an application to the Director of the REGIONAL INSPECTORATE for the acquittal of the amounts in the account referred to in art. 60, para. 2, item 1 or 2.

(2) within three months from the suspension of the operation of the landfill owner starts the execution of the activities on the closure of the landfill in accordance with the plan for the closure of the landfill.

Art. 63. (1) the owners of landfills for inert waste shall be exempted from the obligations under art. 60.

(2) the requirements of art. 60 shall not apply to landfills, which are deposited in the joint mining waste within the meaning of the law on mineral resources and wastes under art. 2, al. 1, when:

1. the amount of the deposited or the landfill mining waste is predominantly, and

2. for the implementation of the closure and sledeksploatacionni care at the site of the depot provides financial security pursuant to the law on mineral resources.

Art. 64. (1) for the disposal of waste at the regional or municipal landfill for non-hazardous waste and construction and demolition waste landfills make deductions in the amount and in accordance with procedures determined by the Ordinance under art. 43, para. 2. (2) the Deduction under paragraph 1. 1 aim to reduce the amount of landfilled waste and to promote recycling and recovery.

(3) the Deduction shall be determined in BGN for one tonne of waste landfilled and are translated by the owner of the site each month to a bank account for foreign funds to the REGIONAL INSPECTORATE in whose territory is situated the landfill.

(4) the accumulated funds in the Al. 1 is spent for construction of new facilities for the treatment of municipal and construction waste, ensuring implementation of the municipalities of the requirements of the law and regulations for its implementation. The funds can be spent for the execution of subsequent costs associated with existing equipment and installations for the recovery of household waste.

(5) the amount of the deduction for domestic waste is reduced when the objectives in the region concerned under art. 49, para. 9 are met by municipalities in accordance with the decision referred to in art. 26, al. 1, item 6, as follows:

1. with 50 per cent for the purpose of reuse and recycling of art. 31, para. 1, item 1;

2. with 50 per cent for the purpose of limiting the quantities of municipal waste landfilled biodegradable, determined by the Ordinance under art. 43, para. 5.

(6) the reductions in the size of the deduction under paragraph 1. 5 shall apply independently from each other.

(7) if it is established giving false information about the reduction in the amount of the deduction referred to in paragraph 1. 5, payers must pay double the amount allocated for the period during which the information was used.

(8) the amounts due for uncommitted deductions under para. 3 shall be determined by an Act establishing the publicly owned making issued in accordance with art. 166 of the tax-insurance procedure code by the Director of the REGIONAL INSPECTORATE in whose territory is situated the landfill. The Act shall be drawn up on the basis of the documents specified by the Ordinance under art. 43, para. 2.

(9) the Uncommitted deductions under para. 3 after the entry into force of the Act establishing the publicly-owned claim under para. 8 turbocharged gather together with interest and the costs of the NOC by the order of the tax-insurance procedure code.

(10) amounts Collected by the IRS do the account referred to in the request made for their collection.

Art. 65. (1) a Deduction under art. 60, para. 2 and art. 64, para. 1 when I make for household waste from the municipalities, are the elements of the cost under art. 66, para. 1, item 3 of the law for local taxes and fees.

(2) the Minister of finance gives guidance on the order and manner of collecting, reporting, planning, and execution of budget enterprises of funds under this section and section III.

Art. 66. the requirements of this section do not apply to landfills, which are included in the programmes for elimination of environmental damage in accordance with the law for the protection of the environment and the regulations for its implementation.

Chapter five

AUTHORISATION AND SUPERVISION OF WASTE

Section I

Waste permits

Art. 67. (1) the Authorisation to carry out waste treatment operations shall be issued by the Director of the REGIONAL INSPECTORATE, within the territory of which the activities are carried out.

(2) to carry out waste treatment operations of stations situated in the territory of two or more REGIONAL INSPECTORATE, licences shall be issued by the Director of each CAR separately for sites in the territory of the inspection.

(3) the permission under paragraph 1. shall be issued in a form approved by the Minister of environment and water.

(4) the Permission under paragraph 1. 1 shall be issued to the persons registered as traders under the Bulgarian or the national law of the State and municipal enterprises, associations of municipalities, cooperatives and budgetary undertakings within the meaning of § 1, item 1 of the additional provisions of the accounting Act, which comply with the requirements of this Act.

Art. 68. (1) for the issue of a permit under art. 67 persons under art. 67, para. 4 submit an application giving:

1. the seat and address of management and unified identification code;

2. the location of sites for waste treatment;

3. the type (the code and name), quantity and origin of waste to be treated;

4. waste treatment activities for which you are applying, and their code;

5. the methods and technologies that will be applied;

6. installations and facilities to be used, and their capacity;

7. safety measures and preventive measures that will be taken;

8. the categories of EEE, or types of batteries and accumulators in accordance with the relevant Ordinances under art. 13, para. 1, when applying for permission to carry out activities with IUEEO or the NUBA;

9. the number of the decision on environmental impact assessment (EIA) or decision has been judged not to carry out EIA according to the order of the law for the protection of the environment, and/or a decision on the assessment of the compatibility under art. 31 of the law on biological diversity, where required for the operation or activity-related intentions and objects.

(2) the request under paragraph 1. 1 shall be submitted to the competent authority referred to in art. 67 in paper and technical media or electronically.

(3) the request under paragraph 1. 1, as well as applications under art. 72, para. 3, item 2 and art. 73, para. 3 shall be submitted on forms approved by the Minister of environment and water.

Art. 69. (1) an application under art. 68 shall apply:

1. a document for paid fee;

2. the legal status of foreigners, issued in accordance with the national legislation of the applicant, within three months prior to the submission of the application;

3. the certificate referred to in art. 87, para. 6 of the tax-insurance procedure code for absence of obligations;

4. Description of the method of treatment of the waste;

5. the project, measures and technologies for the closure and after-care of waste treatment sites where applicable;

6. hygienic conclusion on the compliance with the requirements of the Ordinance under art. 43, para. 3 issued by the regional health inspection (RZI) – for persons carrying out activities involving hazardous waste from human medicine or related research in the territory of the inspection, or by the Minister of health – where the activities are carried out in the territories of more than one RZI;

7. Declaration by the applicant that is not a related party within the meaning of this law with the person to whom the authorisation is withdrawn or refused or amendment of the authorisation before expiry of the one year of withdrawal or refusal;

8. plan for proper monitoring and control of landfills, waste incineration plants and co-incineration plants of waste;

9. the original or a copy certified by the competent authority – entered into force a sample of a detailed plan, and in the cases under art. 38, para. 1 and the original or a certified copy by the competent authority – a sample of operational plan or another document certifying that indicated the location of the particular property, proving that the site meets the requirements of art. 38, para. 1;

10. a certified copy of a document of title or lease, accompanied by a document certifying the ownership of the property, issued by the competent authorities, in whose territory the site containing the address data of the object, the property planosnimačniâ number and other descriptive data, when the property is outside of the regulation;


11. the document for a certain amount of deduction for one ton of waste deposited and the form of the provision of the collateral pursuant to art. 60 for disposal of hazardous activity and/or non-hazardous waste disposal;

12. bank guarantee under art. 60, para. 2, paragraph 3 in those cases where the applicant has chosen this form of collateral when applying for disposal of hazardous activity and/or non-hazardous waste disposal;

13. evidence of the degree of energy efficiency achieved for incineration of municipal solid waste in cases where the applicant will apply for recovery operations, indicated with code R1;

14. assessment of the application of best available techniques in cases where the applicant will apply for the mixing of hazardous waste under art. 8, al. 3, item 3 and/or activities under item 13.

(2) an application under art. 68 persons carrying out activities with OČCM, submit a bank guarantee amounting $ 25,000. and an extra $ 5000 more. for each site on which is planned to be carried out.

(3) Bank guarantee under para. 2 is unconditional and breaking even and is issued by the Bank under art. 2, al. 5 of the law on credit institutions.

(4) Bank guarantee under para. 2 shall be issued in favor of the Ministry of environment and water, and is absorbed by:

1. withdrawal of authorisation – in full;

2. the penalty payment imposed in criminal decree entered into force, which is not paid voluntarily – to the amount of the claim;

3. established by the relevant line violation when transmitting the waste into non-compliance with the requirements under art. 39, para. 1 and 2 and/or deletion of a site under art. 75, para. 3 – up to the amount of the bank guarantee provided for the playground.

(5) by the bank guarantee Bank guarantor is obliged upon the first written request of the Minister of environment and waters to translate bank guarantee on behalf of the Ministry of environment and water.

(6) the bank guarantee referred to in paragraph 1. 2 shall be granted for a one-year period, as continued or renewed each year during the period of validity of the licence, at least one month before the expiry date of the action, shall remain valid for at least 60 days after the termination of the operation.

(7) where the applicant is a foreign person, the document referred to in paragraph 1. 1, item 2 shall be presented in the official translation, and the documents referred to in paragraph 1. 1, item 4 and 5, which are in a foreign language shall be submitted in the Bulgarian language translation.

(8) the authority under art. 67 may only once to request the applicant to remedy irregularities and/or provide additional information to the application, where necessary for clarification of the facts and circumstances and/or to remove irregularities.

(9) in the cases referred to in para. 8 the authority under art. 67 shall inform the applicant within 15 days of receipt of the application.

(10) within two months from the notification under paragraph 1. 9 the applicant remove irregularities or provide additional information.

Art. 70. (1) the authority under art. assess the compliance of the 67 application and supporting documentation with the requirements of this Act.

(2) to issue a permit for the waste treatment operations, the competent authority or an official authorised by him shall check on the site, which shall be certified by a protocol for verification.

(3) within 15 days from the filing of an application for authorisation for incineration or co-incineration of waste that meets the requirements of the law, or by the Elimination of irregularities and/or the provision of additional information in the cases under art. 69, para. 9 the competent authority under art. 67 in conjunction with municipalities disclose and provide for one month in a level playing field public access to the application.

Art. 71. (1) the competent authority under art. 67 shall take a decision within two months of receipt of the application or removal of the irregularity and/or the provision of the additional information, or of the expiry of the one-month period under art. 70, para. 3, issue or refuse to issue a reasoned solution.

(2) in the Al. 1, the competent authority shall determine the conditions for carrying out activities under the waste for the purpose of compliance with the requirements of the law.

(3) the competent authority shall refuse authorisation if:

1. the application and/or the attached documents do not comply with the regulatory requirements;

2. the applicant has committed for a period of three years, for which the administrative violations had been punished twice or more with criminal decree which entered into force in accordance with Chapter vi, section II;

3. the applicant is served with false data;

4. is not provided a bank guarantee corresponding to the requirements of the law, where required;

5. the site and the activities that will be carried out on it, do not meet the requirements of art. 38, para. 1 or the minimum requirements of the Ordinances under art. 13, para. 1 and art. 43;

6. the applicant has removed his or specified irregularities has not provided the additional information in time;

7. the applicant is refused or revoked his permission before the expiry of one year from the entry into force of the order for the refusal or withdrawal, or the person is associated with a person refused or revoked permission in that period.

Art. 72. (1) the authorization under art. 67 e indefinitely.

(2) the regional Inspectorate of environment and water at least once a year check the persons authorized under art. 67, for establishing the compliance of the conditions of waste management with those of a permit and to comply with the requirements of this Act and the regulations for its implementation.

(3) a permit for activities with waste shall cease to have effect:

1. withdrawal;

2. the issue of the decision of the competent authority at the request of the authorisation holder, requesting termination of the activity.

(4) After the termination of the authorisation the RIEW, in whose territory the site is located, monitor the implementation of the conditions relating to the safe disposal of operations and recovery (rehabilitation) of the terrain, by performing on-the-spot inspection and draw up the statement.

Art. 73. (1) a permit shall be amended and/or supplemented by the competent authority when:

1. modification of the regulatory requirements associated with the permit;

2. upcoming changes in raw materials or in technological processes, resulting in changes that will occur in the amount and type of waste;

3. the necessity of supplementing it with new data, activities, sites or conditions under which it will develop activities;

4. succession under the commercial law in the cases under art. 74, para. (2);

5. deletion of the playground in the cases under art. 75, para. 3.

(2) within two months of the occurrence of the change in the Al. 1.1 person filed on paper and technical media or electronically request for amendment and/or addition of the authorization together with the relevant documents referred to in art. and/or 68 69, attesting to the change and the documents referred to in art. 69, para. 1, paragraphs 1 and 3.

(3) in the cases referred to in para. 1, item 2 and 3 persons submitted on paper and technical media or electronic application to amend and/or supplement the authorization together with the relevant documents referred to in art. and/or 68 69, certifying the change documents under art. 69, para. 1, paragraphs 1 and 3, and persons carrying out activities with OČCM, and bank guarantee under art. 69, para. 3 from 5000 EUR for each new site.

(4) the authority under para. 1 if necessary, apply art. 69, para. 8 – 10 and shall decide on the application with a decision within one month.

(5) the competent authority shall refuse to amend and/or supplement the authorization in the cases under art. 71, para. 3, and the failure to carry out the terms in the permit.

Art. 74. (1) a person shall be issued a permit for all waste treatment operations in the territory of one REGIONAL INSPECTORATE, regardless of the number of sites.

(2) the rights under permits issued or open procedure at issue may not be transferred and/or sold. In the case of succession rights under the permit pass on the assignee after notification in writing to the competent authority, which reflects the official change by issuing a decision amending the authorisation within 14 days from the date of notification of the change.

(3) do not allow carrying out activities with waste by authorization except in cases where the holder of the authorisation shall be represented by the authorised officer appointed by a labor contract.

(4) the competent authority under art. 67 issue duplicate of permission, which was lost, stolen or destroyed, on the basis of an application by the holder of the authorisation.

(5) the authority under para. 4 refuse to issue duplicate of permission when the applicant is served with incorrect data or the authorisation was revoked.

(6) For a playground to be issued such permits as persons carrying out activities with waste on its territory.

Art. 75. (1) the competent authority under art. It takes 67 authorization when:

1. have presented misinformation in documents used to issue the permit;

2. for a period of three years are committed administrative violations, for which the person has been punished twice in criminal decree which entered into force in accordance with Chapter vi, section II;

3. endangering human health and/or damages or contaminates the environment above the limit values;

4. activities are carried out with OČCM without documents of origin under art. 39, para. 4 or without a written contract for the transmission or the listed documents contain misinformation;

5. carry out activities with waste on the site that is not listed in the authorisation or does not meet the requirements of art. 38 for OČCM activities, waste cans, IUEEO, the NUBA and/or ELV;

6. the holder of the authorisation of unauthorised dumps hazardous waste places;

7. has not begun pursuit of the activities referred to in the authorisation within a period of three years after its release;


8. repeat prescription is not satisfied, the competent authorities in relation to:

(a) non-fulfilment of conditions) set out in the permit;

(b)) the keeping of records of waste in accordance with the requirements of this Act or ordinances under art. 48, para. 1 or art. 13, para. 1;

in the non-compliance of the documents) under art. 39, para. 4 with the requirements of this Act.

(2) the competent authority under art. 67 takes a permit when it is established that a violation of this Act:

1. the transfer of waste shall be carried out on persons who do not have permission, or complex permit registration document under art. 35 or the listed documents do not contain the appropriate code rendered waste;

2. carry out activities with waste other than those referred to in the authorisation;

3. payments in transactions with OČCM are carried out in breach of the requirements of art. 38, para. 4.

(3) in the case of infringements of the requirements of art. 39, para. 5, 6 and 7 on a particular site by reasoned decision the competent authority shall suspend the operation of the site and amend a permit, such as the deleted site.

(4) upon withdrawal of authorisation under paragraph 1. 1 the offender is not entitled to submit an application for the issue of a new authorisation for a period of one year from the date of the withdrawal.

Art. 76. (1) the decisions of the competent authority shall be notified in writing to the applicant within 7 days of their issue.

(2) the authority which issued the authorisation for activities in waste, informed through its website and in some other appropriate manner the public every authorisation as well as for amendments and/or additions of permits issued within 10 days from the date of issue.

Art. 77. (1) a permit, the decision for its amendment and/or addition, refusal to issue, amend and/or supplement the authorisation, withdrawal, as well as the decision on the cancellation of the playground can be appealed pursuant to the administrative code.

(2) an appeal under para. 1 does not stop the execution of Appeals Act.

Section II

Registration for activities with waste

Art. 78. (1) the registration under art. 35, para. 3 shall be carried out on persons registered as traders on the Bulgarian or the national law of the State and municipal enterprises, associations of municipalities, cooperatives and budgetary undertakings within the meaning of § 1, item 1 of the additional provisions of the accounting Act, which comply with the requirements of this Act.

(2) the registration under paragraph 1. 1 is indefinite.

(3) to perform the registration the persons referred to in para. 1 submit an application in a form approved by the Minister of environment and waters, specifying:

1. unified identification code, seat and address of management;

2. contact person, including phone, fax and email;

3. type (the code and name), quantity and origin of waste;

4. activity carried out with the waste in annex No. 1 to § 1, item 11 of the additional provisions and/or Annex 2 to § 1, item 13 of the additional provisions;

5. mode of transport of the waste;

6. method of treatment;

7. the number of the EIA decision or a decision that is considered not to be carried out EIA according to the order of the law for the protection of the environment and/or decision on the assessment of the compatibility under art. 31 of the law on biological diversity, where required for the operation or activity-related intentions and objects.

(4) the application shall be accompanied by:

1. the legal status of foreigners, issued in accordance with the national legislation of the applicant, within three months prior to the submission of the application;

2. the certificate referred to in art. 87, para. 6 of the tax-insurance procedure code for absence of obligations;

3. a certified copy of a document of title or lease, accompanied by a document certifying the ownership of the property, issued by the competent authorities, in whose territory the site containing the address data of the object, the property planosnimačniâ number and other descriptive data, when the property is outside of the regulation;

4. a document for paid fee.

(5) the application together with the supporting documentation shall be submitted on paper and technical media or electronically to:

1. the Director of the REGIONAL INSPECTORATE, within the territory of which the activities are carried out with waste;

2. the Director of the REGIONAL INSPECTORATE in whose territory the seat of the applicant, in the case of State activities in collection and transportation of waste;

3. the Director of the Sofia REGIONAL INSPECTORATE in the case of State activities in collection and transportation of waste, where the applicant is a foreign person.

(6) in the event that the applicant carries out activities that require registration on the territory of the various INSPECTORATES, applications shall be submitted to the Director of each CAR separately.

(7) for irregularities in the documents submitted under paragraph 1. (3) or (4) the competent authority under paragraph 1. 5 notify the applicant within 14 days of receipt of the application for irregularities and/or request additional information.

(8) within one month of notification under paragraph 1. 7 the applicant removes the deficiencies and/or provide additional information.

(9) the registration shall be carried out by the competent authority under paragraph 1. 5 within 14 days from the date of submission of the application or removal of the irregularities, and/or the provision of additional information, and shall be certified by registration document issued in this period.

 (10) the competent authority shall refuse a reasoned decision within the time limit referred to in paragraph 1. 9 completion of registration:

1. failure to comply with the requirements of this Act and/or regulations for its implementation;

2. neotstranâvane of irregularities in the documents submitted under paragraph 1. 3 or 4 and/or failure to provide the requested information within the deadline.

(11) the decision referred to in paragraph 1. 10 subject to appeal pursuant to the administrative code.

Art. 79. (1) the amendments to the registration document shall be carried out by the authority that issued the certificate on the basis of an application filed on paper and technical media or by electronic means, to the documents certifying the change and those under art. 78, para. 4, item 2 and 4.

(2) in the cases under art. 78, para. 3, item 3-6 and para. 4, item 3 persons apply for amendment and/or addition to the registration document and, in the cases under art. 78, para. 3, items 1, 2 and 7, the application shall be lodged within one month of the occurrence of the change.

(3) the application shall be considered by the procedure of art. 78, having issued a registration document with the appropriate changes, notify the Executive Director of EAE.

Art. 80. (1) the registration under art. 78, para. 1 shall cease:

1. on application by the person concerned lodged not later than one month after cessation of activity;

2. in the event of violations of the requirements of this Act or the regulations for its implementation, established by the penal provisions in force for a period of three years.

(2) in the cases referred to in para. 1, the competent authority shall suspend the registration by reasoned decision shall notify the Executive Director of EAE. The decision shall be terminated and the operation of the registration document.

(3) the decision on para. 2 subject to appeal pursuant to the administrative code.

(4) the appeal of the decision under paragraph 1. 2 does not stop its implementation.

Section III

Permission of the Organization for recovery and for solo performance

Art. 81. (1) the Organization Permits recovery and for individual fulfilment of obligations under art. 14, para. 1 and the Ordinances under art. 13, para. 1 shall be issued by the Minister of environment and water, or by an official authorized by him.

(2) the persons shall submit an application form to the competent authority under paragraph 1. 1.

(3) the model of the application referred to in paragraph 1. 2 is approved by order of the Minister of environment and water.

(4) Organization and the person performing the duties solo, apply to an application under subsection. 2 the following documents:

1. the legal status of foreigners, issued in accordance with the national legislation of the applicant, within three months prior to the submission of the application;

2. the certificate referred to in art. 87, para. 6 of the tax-insurance procedure code for absence of obligations;

3. concluded preliminary written contracts with holders of an authorisation, permit or complex registration document under art. 35 for collection and transport of waste, and with communities, to ensure the implementation of the obligations under this law and the Ordinances under art. 13, para. 1;

4. concluded preliminary written contracts with holders of an authorisation, permit or complex registration document under art. 35 for recycling and/or recovery of the waste, including preparation for recovery, which ensures the fulfilment of the obligations of the members of the organization under this Act and the Ordinances under art. 13, para. 1;

5. a document for paid fee;

6. the Constitution of the Organization;

7. a notarized statement that the applicant is not the person referred to in this law with a person to whom a permit has been withdrawn or refused such authorization before the expiry of the one year of withdrawal or refusal;

8. the draft contract between the Organization and its members;

9. unconditional and breaking even a bank guarantee for ensuring the attainment of the objectives of separate waste collection, reuse, recycling and/or recovery of ordinary waste, establishing a system of art. 15 and the coverage of the population;

10. draft programme of art. 53.

(5) the persons under art. 14, para. 1 fulfilling his obligations individually, apply to an application under subsection. 2 the documents referred to in para. 4, item 1 – 5, 9 and 10.

(6) the application and program under art. 53, para. 1 shall be submitted in paper and electronic form.

Art. 82. (1) the amount of the bank guarantee referred to in art. 81, para. 4, item 9 is:

1. organisations for recovery of waste packaging, ELV and IUEEO – 1 0000 0000 BGN.;

2. organisations for recovery of waste oils – 500 000 BGN.;


3. for organizations for the recovery of the NUBA and disused tyres – 100 000 BGN.;

4. for persons who perform their duties individually – 200, 000.

(2) Bank guarantee is unconditional and breaking even and is issued by the commercial bank with the legal registration in the Republic of Bulgaria, which is licensed by the Bulgarian National Bank to carry out the guarantee or bank transactions and specimens of officials who have the right to undertake the respective Bank with guarantees to the specified size.

(3) the bank guarantee issued in favour of the Minister of environment and water, and is absorbed in the following cases:

1. in the case of withdrawal of authorization – in full;

2. in the event of one or more of the purposes of art. 14, para. 1, up to the amount of the fees payable under art. 59, para. 1, 2 and 3;

3. in the event of failure to comply with the obligations for the population covered in the separate waste collection, reuse, recycling or recovery laid down in the Ordinances under art. 13, para. 1 in proportion to the failure rates.

 (4) Bank guarantee under para. 2 shall be granted for one year, as is periodically renewed and continued each year during the period of validity of the authorization, minimum one month before the expiry of the period of the action, shall remain valid for at least 60 days after the termination of the operation.

(5) by the bank guarantee Bank guarantor is obliged upon the first written request of the Ministry of environment and waters to translate bank guarantee on behalf of the Ministry of environment and water.

(6) the bank guarantee is independent of the appeal of order under art. 59, para. 2.

(7) the amount of the fees payable under art. 59, para. 1, 2 and 3 shall be reduced by the amount of funds from the bank guarantee.

(8) where a court judgment which has entered into force the Act under para. 3 is cancelled, the amount of the bank guarantee shall be returned within 14 days.

(9) the terms and conditions of the provision and utilization of the bank guarantee referred to in art. 81, para. 4, item 9 shall be determined by the Ordinances under art. 13, para. 1.

Art. 83. The rights under a permit under art. 81 may not be transferred and/or transferable, except in the case of a merger or the merger of recovery organizations.

Art. 84. (1) the recovery of packaging waste shall submit with the application under art. 81, para. 2 concluded preliminary written contracts with no less than 10 municipalities, to ensure the provision of separate collection of population of not less than 500 000 inhabitants.

(2) an application under art. 81, para. 2 the recovery of packaging waste shall submit certified by the Mayor of the municipality deployment plan of containers for separate collection of waste referred to with specific parameters (capacity, type), and quantitative-valuable account.

(3) contracts under para. 1 must meet the minimum criteria and conditions laid down by the Ordinance under art. 13, para. 1 for the type of ordinary waste.

Art. 85. (1) within three months of receipt of the authorization organization and the person performing the duties solo, submitted to the competent authority the final contracts with persons carrying out activities with waste under art. 81, para. 4, item 3 and 4, and the recovery of packaging waste and final contracts – with municipalities under art. 84, para. 1.

(2) the definitive contracts to organizations in the recovery of packaging waste with the municipalities may differ from the preliminary contracts under art. 84, para. 1 in the case of population covered by no more than 10 percent in the event that the reduction be offset by new contracts not later than two months after expiry of the period referred to in paragraph 1. 1.

(3) the recovery of packaging waste shall notify the Minister of environment and water of any termination of the contract with the municipality.

(4) the Minister of the environment has the right to request an update of the program under art. 53 within one month of notification under paragraph 1. 3.

Art. 86. (1) the authority under art. 81, para. 1 determine whether the application and the attached documents shall comply with the requirements of this Act and the regulations for its implementation.

(2) the competent authority or an official authorised by him may require from the applicant a one-time removal of the irregularities and/or provision of additional information to the application when it is necessary to clarify the facts under art. 81.

(3) in the cases referred to in para. 2 the competent authority shall inform the applicant within one month of receipt of the application.

(4) within two months of the notification referred to in para. 3 the applicant removes the deficiencies and/or provide additional information.

Art. 87. (1) within two months of receipt of the application or of the removal of the irregularities, and/or the provision of additional information, the authority referred to in art. 81, para. 1 approve the program under art. 53 and shall issue or refuse to issue a reasoned solution.

(2) the competent authority shall refuse authorisation if:

1. the application and/or the attached document under art. 81 do not comply with the regulatory requirements;

2. have presented misinformation or false documents;

3. the applicant has removed his or specified irregularities has not provided the additional information in time;

4. is not provided a bank guarantee corresponding to the requirements of art. 82, para. 1 and 2;

5. the applicant is refused or is refused permission by the procedure of art. 91 up to one year prior to the filing of the application;

6. the applicant is a person with a related person who is refused or revoked permission within one year.

Art. 88. (1) the authorization shall be issued for a period specified in the application, but not longer than 5 years, and contains the terms laid down by the competent authority.

(2) the issued permission shall cease to have effect:

1. with the expiration of its term;

2. with the withdrawal in the period of its operation;

3. at the request of the organization or the person performing his obligations individually;

4. in case of refusal to amend and/or supplement the authorization.

Art. 89. (1) no later than three months before the expiry date of the authorization organization and persons performing their duties individually, shall submit an application in paper and technical media or electronically for extension of its period of validity.

(2) an application under subsection. 1 shall apply:

1. the certificate referred to in art. 87, para. 6 of the tax-insurance procedure code for absence of obligations;

2. updated program under art. 53 according to the requirements of the Ordinances under art. 13, para. 1;

3. a document for paid fee.

(3) the competent authority shall consider whether the application under para. 1 and the attached documents shall comply with the requirements of this Act and the regulations for its implementation.

(4) the competent authority shall apply where appropriate art. 86, para. 2, 3 and 4 and shall decide on the application by a decision within two months.

(5) the competent authority shall refuse to extend the period of validity of the authorisation in the cases under art. 87, para. 2, item 1 – 4, and failure to carry out the terms in the permit.

Art. 90. (1) a permit shall be amended and/or supplemented by the competent authority when:

1. the related regulatory requirements;

2. related to the current state in the commercial register of the organization or the person performing his obligations individually;

3. in the program under art. 53, para. 1. (2) in the cases referred to in para. 1 Organization and persons performing their duties individually, be submitted to the competent authority an application in paper and technical media or electronically for amendment and/or addition of the authorization together with the documents certifying the change, within two months of the occurrence of the change.

(3) the competent authority shall consider whether the application under para. 2 and the attached documents shall comply with the requirements of this Act and the regulations for its implementation.

(4) the competent authority shall apply where appropriate art. 86, para. 2 – 4 and shall decide on the application with a decision within one month.

(5) the competent authority shall refuse to amend and/or supplement the authorization in the cases under art. 87, para. 2, s. 1-4.

(6) in the case of a reasoned refusal to amend and/or supplement the authorization organization and persons performing their duties individually, can apply for the issue of a new authorisation in accordance with this law.

Art. 91. (1) the competent authority shall take a reasoned decision issued with permission where:

1. prescription is not satisfied of the competent authorities in connection with the keeping of records of waste in accordance with the requirements of this Act or ordinances under art. 48, para. 1 or art. 13, para. 1 or have presented misinformation in reporting documents for fulfilment of the obligations and/or purposes under art. 14, para. 1 and/or art. 15, or in documents used to issue the permit;

2. do not fulfil one or more of the purposes of art. 14, para. 1 for separate waste collection, reuse, recycling or recovery of the species concerned ordinary waste;

3. the Organization has allocated profit to their shareholders or members;

4. the Organization shall not exercise activity for one year;

5. There is a reasoned proposal of the Commission under art. 18, al. 9;

6. prescription is not satisfied, the competent authorities in connection with a failure to comply with the requirements of art. 85 for the submission of final contracts with municipalities.

(2) the competent authority shall withdraw an authorisation in a reasoned decision, when it is established that a violation of this Act:

1. the obligations are not fulfilled for the separate collection and treatment of waste under art. 14, para. 1 and/or for the establishment of a system of art. 15;

2. prescription is not satisfied, the competent authorities in connection with a breach of a condition of the permit;


3. Notwithstanding the fulfilment of the objectives of art. 14, para. 1 is not covered population in accordance with the market share of the organization or the requirements laid down in this law, or the Ordinances under art. 13, para. 1;

4. There is a breach of the requirements of art. 14, para. 3 of a person performing his obligations individually.

Art. 92. (1) the decisions of the competent authority shall be notified in writing to the applicant within 7 days of their issue.

(2) the competent authority and the Organization shall inform the public in an appropriate manner for the granting of an authorisation as well as for his subsequent amendment or revocation of the authorization.

Art. 93. (1) a permit, the decision for its amendment, Supplement and/or withdrawal, as well as the refusal to issue, amend or supplement the permission appeal pursuant to the administrative code.

(2) the appeal of the decision under paragraph 1. 1 does not stop its implementation.

Art. 94. the competent authority or an official authorised by him shall verify at least once a year, and recovery organizations, fulfilling his obligations individually authorised under art. 81, on the implementation of the obligations arising from this Act, by the Ordinances under art. 13, para. 1 and of the conditions of the authorization.

Section IV

Cross-border shipment of waste

Art. 95. (1) the transport of waste within the European Union (EU), with or without transit through third countries, imports into the EU from third countries, exports from the EU to third countries and transit through the EU from and to third countries of waste shall be carried out under the conditions and in accordance with Regulation (EC) No 1013/2006.

(2) the Minister of the environment and water or an official authorised by him shall be the competent authority in the Republic of Bulgaria on the implementation of Regulation (EC) No 1013/2006 within the meaning of art. 53 of that regulation.

(3) the competent authority under paragraph 1. 2 waters:

1. the register of licences issued under Regulation (EC) No 1013/2006 notifications of shipment of waste from, to and through the territory of the Republic of Bulgaria and to import or export from or to third countries;

2. register of annual declarations under art. 103.

Art. 96. (1) for the carriage of waste from the Republic of Bulgaria, which pursuant to Regulation (EC) No 1013/2006 requires written notification, the person designated as the notifier pursuant to art. 2 article 15 of Regulation (EC) No 1013/2006, forward to the competent authority referred to in art. 95, para. 2 a document for paid fee and the documents referred to in art. 4 of Regulation (EC) No 1013/2006, including:

1. unified identification code or registration number from the register under art. 45, para. 1, item 6 of the notifier;

2. a copy of the relevant IPPC permit, authorisation or registration document for the waste to the notifier when required;

3. a copy of the authorisation or registration document for the transport of waste to the carrier;

4. a copy of a contract between the notifier and the consignee, complying with the requirements of art. 5 of Regulation (EC) No 1013/2006 on the recovery or disposal of waste, which they have been notified;

5. the authorization pursuant to which the recovery or disposal facility waste works in the recipient country.

(2) in cases where the required financial guarantee or equivalent insurance in accordance with art. 6 of Regulation (EC) No 1013/2006, it should be presented in the form of a bank guarantee or insurance policy.

(3) in the case of shipments of waste for the Republic of Bulgaria for interim recovery activities, the financial guarantee or equivalent insurance covers the cost amount to the issuing of a certificate in accordance with art. 15, point (e) of Regulation (EC) No 1013/2006.

(4) in case of shipments of waste for the Republic of Bulgaria for final recovery financial guarantee or equivalent insurance covering the cost amount to the issuing of a certificate in accordance with art. 16, letter (e) of Regulation (EC) No 1013/2006.

(5) in the General notification under art. 13 of Council Regulation (EC) No 1013/2006 on shipment from the Republic of Bulgaria shall be allowed partial financial guarantee or equivalent insurance covering parts of the General notification under the terms of paragraphs 1 and 2. 8.

(6) where the financial guarantee under art. 6 of Regulation (EC) No 1013/2006 is presented in the form of a bank guarantee, the bank undertakes guarantor unconditionally and irrevocably upon the first written request of the Minister of environment and waters to translate bank guarantee in favour of and to the account of the Ministry of environment and water. The bank guarantee is unconditional and breaking even and must be issued by a foreign bank or commercial bank under art. 2, al. 5 of the law on credit institutions, which is licensed by the Bulgarian National Bank to carry out guarantee transactions. The bank guarantee issued by a foreign bank, must be avizirana by a Bulgarian Bank.

(7) insurance policy under para. 2 shall be issued by an insurance company, holding a license issued pursuant to the insurance code. The insurance policy includes an arrangement for payment of the full amount of the claim in favor of the Ministry of environment and water in the presence of a first written request.

(8) is allowed to leave at the same time as transport as covered by the partial financial guarantee or equivalent insurance. In this case each carriage can leave when the competent authority under art. 95, para. 2 obtain a certificate under art. 15, letter "e" or under art. 16, letter (e) of Regulation (EC) No 1013/2006.

(9) the documents referred to in para. 1 and 2 and all documents under Regulation (EC) No 1013/2006 shall be submitted to the Bulgarian or English. In cases where the documents are presented in English, the competent authority shall have the right to require an official translation of the Bulgarian language.

Art. 97. (1) the competent authority under art. 95, para. 2 upon approval of carriage – the subject of notification, gives his written consent to the making by placing signature and date stamp in the notification.

(2) the authority under para. 1 issue a reasoned decision: 1. when resolving carriage under art. 9 (1) (a) of Regulation (EC) No 1013/2006 without placing the conditions;

2. when resolving carriage under art. 9 (1) (b) of Regulation (EC) No 1013/2006 by setting certain conditions under art. 10 of that regulation;

3. where an objection under art. 9 (1) (c) of Regulation (EC) No 1013/2006;

4. in the case of withdrawal of consent under art. 9 (8) of Regulation (EC) No 1013/2006.

Art. 98. (1) shipments of waste are prohibited for the Republic of Bulgaria, destined for disposal, except:

1. obligation to adopt the waste back in accordance with art. 22 and 24 of Council Regulation (EC) No 1013/2006;

2. during transport to the Republic of Bulgaria of the balance resulting from treatment in another country of the waste, originating in the Republic of Bulgaria to other countries for which the Republic of Bulgaria no treatment facilities; in this case, the shipment of the balance shall be accompanied by a new notification;

3. during transport to the Republic of Bulgaria of waste generated by Bulgarian forces in crisis situations, peacemaking or peace-keeping.

(2) shipments of waste are prohibited for the Republic of Bulgaria, destined for incineration or co-incineration with energy recovery for each installation, in the amounts for the calendar year concerned in excess of the sum of half of the annual capacity of the installation, as specified in the permit or authorization bill under art. 35, para. 1.

(3) in cases where the national waste management plan under art. 49, para. 1 set out specific measures for the management of a waste or a stream of waste in accordance with Regulation (EC) No 1013/2006, the Council of Ministers of the Republic of Bulgaria may by a reasoned decision on a proposal from the Minister of environment and waters to restrict imports of such waste.

Art. 99. (1) every shipment of waste for the Republic of Bulgaria is carried out when:

1. the consignee of the waste have permission or complex permit under art. 35, para. 1 or a registration document under art. 35, para. 2, item 3 and 5 for activities with waste – subject to notification;

2. the recovery of the waste facility has enough capacity in accordance with the document under item 1;

3. the operator of a facility for the recovery of waste have permission or complex permit under art. 35, para. 1 or a registration document under art. 35, para. 2, item 3 and 5 for activities with waste – subject to notification;

4. the operator of a facility for the recovery of the waste carried out treatment of residues of waste recovered or to ensure that their treatment in an environmentally sound manner;

5. carrier/carrier indicated in the notification, in the event you are registered in the Republic of Bulgaria, owns an authorisation or a registration document for the transport of waste.

(2) the competent authority under art. 95, para. 2 if necessary, inquire about implementation of circumstances under para. 1 by fax or other technical means to the Director of the REGIONAL INSPECTORATE in whose territory is situated the facility for waste treatment.

(3) the Director of REGIONAL INSPECTORATE in whose territory is situated the facility for waste treatment, within three days from the date of receipt of the request under paragraph 1. 2 check and send its opinion by fax or by any other technical means.

Art. 100. (1) the transport of waste between the Republic of Bulgaria and third countries shall be carried out in customs offices, determined by a joint order of the Minister of environment and the Minister of Finance upon proposal of the Director of the Customs Agency.

(2) when a shipment of waste between the Republic of Bulgaria and third countries, the competent authority referred to in art. 95, para. 2 send a copy of the notification or a copy of a decision under art. 97, para. 2 to the Director of the Customs Agency and the Director of the REGIONAL INSPECTORATE.


Art. 101. (1) the competent authority under art. 95, para. 2 gives prior consent within the meaning of art. 14 of Regulation (EC) No 1013/2006 only to persons – operators of facilities for waste recovery finally possessing a complex permit issued pursuant to Chapter 7, section II, of the Act on the protection of the environment.

(2) to obtain the prior consent under para. 1 the operator of recovery of waste facility shall submit an application on paper or electronically in a form approved by order of the Minister of environment and water, apply a document for paid fee.

(3) within 15 days of receipt of the application, the competent authority referred to in art. 95, para. 2 may require from the applicant for the removal of irregularities and/or the provision of additional information.

(4) within 15 days of notification under paragraph 1. 3 the applicant remove irregularities or further information.

(5) within one month of receipt of the application or removal of the irregularity and/or the provision of the additional information, the competent authority referred to in art. 95, para. 2 by reasoned decision gives or refuses consent under para. 1. (6) the granting of prior consent shall be refused in the cases under art. 71, para. 3.

(7) the decision referred to in paragraph 1. 5 the competent authority under art. 95, para. 2 determine the period for which it is granted prior consent under para. 1, and gives a unique registration number of the recovery facility.

(8) the competent authority under art. 95, para. 2 leads a public register of decisions under para. 5, containing at least the information referred to in art. 14 (3) of Regulation (EC) No 1013/2006.

Art. 102. (1) in the event of a change in the circumstances on the basis of which the decision was issued under art. 101, para. 5, the operator of the facility shall immediately notify the competent authority under art. 95, para. 2, enclosing written evidence attesting to the change. The competent authority shall take a decision on the application for a change in circumstances within one month, as amended or refuses to amend a judgment has been given in the cases under art. 71, para. 3.

(2) the competent authority under art. 95, para. 2 by reasoned decision withdraw prior consent in the cases under art. 75, para. 1 and 2. The operator of a facility referred to in paragraph 1. 1 can not submit an application for the grant of consent within one year from the date of its withdrawal.

Art. 103. any person carrying out cross-border shipment of waste for which notification is not required under Regulation (EC) No 1013/2006, shall submit to the competent authority referred to in art. 95, para. 2 annual report-statement.

Art. 104. (1) every person carrying on business as a dealer or as a broker of waste, with the exception of those holding a document under art. 35, submitted to the Executive Director of EAE applications in paper and technical media or electronically for entry in the register under art. 45, para. 1, item 6, which States:

1. unified identification code, name, seat and address of management;

2. type, code and name of the waste that will be marketed.

(2) an application under subsection. 1 submit a document for paid fee.

(3) in the case of irregularities in the documents submitted under paragraph 1. 1 or 2 the authority under para. 1 within 15 days notify the person thereof and shall set a deadline for their removal.

(4) within 15 days from the filing of the application referred to in paragraph 1. 1 or by removal of the irregularities referred to in paragraph 1. 3 the Executive Director of EAE or an official authorised by him entered in the register referred to in paragraph 1. 1 traders and brokers of waste.

Art. 105. The registered persons under art. 104 shall notify the Executive Director of EAE of any changes in their completed registration within 7 days of the event in question.

Art. 106. the Executive Director of EAE refused entry in the register by reasoned decision: 1. where the applicant within one year prior to the filing of the application has committed administrative violations, for which he was punished twice or more with enforceable criminal Decree in chapter six, section II;

2. in the case of the neotstranâvaneto irregularities in the documents presented under art. 104, para. 1 or 2 within the time limit.

Art. 107. (1) a Registration entered in the register of trader or broker shall cease:

1. where the applicant within one year prior to the filing of the application has committed administrative violations, for which he was punished twice or more with enforceable criminal Decree in chapter six, section II;

2. at the request of the trader, broker, respectively;

3. upon termination of the legal person, upon the death of the registered or when inserted into custody;

4. within non-informing about changes under art. 105.

(2) termination of registration under paragraph 1. 1 shall be made by reasoned decision of the Director of EAE.

Art. 108. decisions under art. 101, para. 5, 102, para. 1 and 2, art. 106 and article. 107, para. 2 may be appealed pursuant to the administrative code. The appeal of decisions does not stop running them.

Art. 109. Traders and brokers entered in the register under art. 45, para. 1, item 6, notifiers may be subject to the conditions under art. 2 article 15 of Regulation (EC) No 1013/2006.

Art. 110. With regard to proceedings under art. 97, 101, 102 and 104 to collect fees fixed by the tariff for the fees collected in the system of the Ministry of environment and water, approved by the Council of Ministers.

Art. 111. The procedure and the way to calculate the amount of the financial guarantees under this section and for the granting of annual declarations under art. 103 shall be determined by an Ordinance of the Council of Ministers.

Section V

Control on the management of waste

Art. 112. (1) the Mayor of the municipality or authorised by him official controls:

1. the activities related to the formation, collection, including separate collection, storage, transport, treatment of municipal and construction waste;

2. the activities in the disposal of industrial and hazardous waste to the municipal and/or regional landfills;

3. sites for activities with OČCM;

4. compliance with the other requirements laid down by the Ordinance under art. 22.

(2) the Mayor of the municipality to arrange for and supervise the rehabilitation of land, the closure and the subsequent monitoring of the landfill of municipal and construction waste on the territory of the municipality.

Art. 113. (1) the Director of REGIONAL INSPECTORATE or an official authorised by him exercised control for compliance with the requirements for the treatment of waste and the conditions laid down in the authorisation, registration document, respectively to:

1. the activities related to the formation, collection, including separate collection, storage, transport, treatment of waste in the territory of the RIEW;

2. equipment and installations for the storage and treatment of waste.

(2) the authority under para. 1 control the accountability and the provision of information in chapter IV, section I, as well as the performance of the duties of the mayors of the municipalities in chapter two, section III, Chapter 4, section IV relating to waste management.

(3) on the basis of identified irregularities in the examination, the Director of the REGIONAL INSPECTORATE or an official authorised by him gives the compulsory requirements with a specific deadline for their removal and/or draw up regulations on the establishment of administrative violations.

Art. 114. the Director of the REGIONAL INSPECTORATE or an official authorised by him exercised control for:

1. proper charging and the timely payment of the product fee under art. 59, para. 1, item 1 of the persons under art. 14, para. 1;

2. fulfilment of the obligations of owners of landfills on the financing of the disposal of waste by landfill.

Art. 115. the Minister of environment and water or an official authorised by him exercised control for:

1. compliance with the conditions of authorisations of Chapter five, section III, issued to organizations and individuals on recovery, performing solo duties for ordinary waste management;

2. waste management activities;

3. compliance with the requirements of Regulation (EC) No 333/2011.

Art. 116. (1) the Minister of the environment and water, the Minister of the Interior, the Minister of transport, information technology and communications and Director of the customs agency controlling the cross-border shipment of waste under this law and in Regulation (EC) No 1013/2006 in accordance with its powers.

(2) under para. 1 shall be effected by:

1. the Director of the REGIONAL INSPECTORATE in whose territory the place of origin of the waste, or by officials authorised by him – for cases under art. 50, paragraph 3, subparagraph (a) of Regulation (EC) No 1013/2006;

2. the Director of the REGIONAL INSPECTORATE, on whose territory the transport destination e, or by officials authorised by him – for cases under art. 50, paragraph 3, point (b) of Regulation (EC) No 1013/2006;

3. the Customs authorities, the authorities of the border police Directorate "and the" traffic police "units in the regional directorates of the Ministry of the Interior – in the cases under art. 50, paragraph 3 (c) of Regulation (EC) No 1013/2006;

4. the officials of the Executive Agency "automobile administration" Executive Agency "Railway Administration" Executive Agency "maritime administration", the authorities of the border police Directorate "and the" traffic police "units in the regional directorates of the Ministry of the Interior – in the cases under art. 50, paragraph 3, point (d) of Regulation (EC) No 1013/2006.

(3) in the case of doubt about the conformity of the load with the accompanying documents, suspected cargo classification as waste or the type of the waste authorities under para. 2, item 3 and 4 shall immediately notify relevant REGIONAL INSPECTORATE in whose territory a check is being carried out shall, for a decision on the classification of the load and waste.

(4) the Director of REGIONAL INSPECTORATE in cases under para. 2, paragraph 1 or 2 may request the assistance of the Ministry of the Interior, which have an immediate assistance.

(5) in the cases referred to in para. 3 the supervisory authorities consider the load of waste to obtain the opinion of the Director of the REGIONAL INSPECTORATE or an official authorised by him.


(6) the owner of the cargo, shall provide it with all necessary information and documents to the classification of the load.

Art. 117. the Director and the Director of the RIEW RZI or empowered by these officials exercised control of the hazardous waste treatment in the healing and health care facilities.

Art. 118. (1) the Minister of environment and waters, the Director of the RIEW, the Mayor of the municipality in which the site or authorised by them, officials and the Ministry of Internal Affairs carry out controls for compliance with the conditions and procedures for carrying out activities with OČCM in accordance with its competence.

(2) For infringements found during checks for compliance with the conditions and procedures for carrying out the activities of the Mayor of OČCM municipality and the Ministry of the Interior shall notify within 14 days of the RIEW Director by sending all the documents.

Art. 119. (1) the supervisory authorities under art. 112-114, 117 and 118 checks on documents and/or on-the-spot checks in accordance with their competence.

(2) the supervisory authorities under art. 112-114 and 117 at least once a year carry out a check of the documents required by this Act and the regulations for its implementation of traders and brokers of waste and of the persons in whose activities generate waste, and/or carrying out activities with waste.

(3) the on-the-spot inspection is an independent verification under paragraph 1. 2 and shall take place at least once a year in place of carrying out of the activity and in the presence of the investigation or of persons who work for him. In the absence of such verification shall be carried out with the participation of at least one witness.

(4) checks on collection and transportation activities cover the origin, nature, quantity and destination of the waste collected and transported.

(5) the official carrying out the on-the-spot check shall be entitled:

1. access to the premises where a controlled activity is carried out;

2. to request the presentation of documents in accordance with regulatory requirements must be located at the place of inspection;

3. require oral and written explanations from anyone who works for the inspected person;

4. to attract experts in the area concerned, where the inspection is complex or requires special knowledge.

(6) If, on-the-spot verification be found the absence of documents certifying the compliance with the established requirements of the inspected person is set 7-day time limit for their submission.

(7) in the carrying out of inspections at the Al. 1 draw up protocols and/or acts for the establishment of administrative violations. Infringements give prescription required inspection bodies and set a time limit for the removal of distortions.

Art. 120. in carrying out the checks the control authorities under art. 119, para. 1 draw up protocols. Infringements controllers give mandatory prescription in konstativniâ Protocol with a specific deadline for their removal and/or draw up regulations on the establishment of administrative violations.

Art. 121. the customs bodies shall carry out customs supervision and controls on the cross-border shipment of waste in accordance with this law and customs legislation and can take appropriate action under art. 124, para. 2.

Art. 122. the General Directorate for border police and the authorities of the "traffic police" units in the regional directorates of the Ministry of Internal Affairs carry out controls on cross-border transport under this law, the law on the Ministry of the Interior and the regulations for its implementation and can take appropriate action under art. 124, para. 2.

Art. 123. the officials of the Executive Agency "automobile administration" Executive Agency "Railway Administration" and an Executive Agency "maritime administration" carry out controls on cross-border shipment of waste in accordance with this law, relevant international legal acts ratified by the Republic of Bulgaria with the law, the law on road transport, the law on road traffic, rail transport Act, the law on maritime space, inland waterways and ports of the Republic of Bulgaria Code of merchant shipping, and regulations in their application and can take appropriate action under art. 124, para. 2.

Art. 124. (1) the bodies and persons under art. 116, para. 2 may carry out checks and have the right of access to the register under art. 95, para. 3, item 1. Infringements the inspecting authorities draw up regulations on the establishment of administrative violations.

(2) Authorities and the persons under art. 116, para. 2, item 3 and 4 have the right to retain temporary vehicle along with its cargo, subject to the infringement, by withdrawal of the document for which the vehicle is registered to:

1. obtaining an opinion from the Ministry of environment and water for the release of the load in order to back in the country of dispatch – in the cases under art. 24 (2) of Regulation (EC) No 1013/2006 on shipment to the Republic of Bulgaria;

2. an order under art. 127, p. 2;

3. obtaining an opinion from the Ministry of environment and waters or the relevant REGIONAL INSPECTORATE that the cargo is not waste or the fulfilment of the requirements of Regulation (EC) No 1013/2006 and of the law.

(3) the authorities and persons referred to in para. 1 are entitled to seize samples and physical evidence, which stored pending completion of administrativnonakazatelnoto production.

Art. 125. (1) the control of the conformity of the products, after the use of ordinary waste are formed, with the requirements of the Ordinances under art. 13, para. 1 shall be exercised by:

1. the Chairperson of the State Agency for metrological and technical supervision or by officials authorised by him in connection with market surveillance on products, for which essential requirements are set out under art. 7 of the law on technical requirements for products;

2. the President of the Commission for the protection of consumers or by officials authorised by him in relation to the control of products that fall within the scope of the law on consumer protection;

3. the Minister of health or by officials authorised by him in relation to the control of products defined by law.

(2) the consumer protection Commission shall control fulfilment of the requirements of Regulation (EC) No 1103/2010 of 29 November 2010 laying down rules concerning the labelling of portable secondary (rechargeable) batteries and automotive batteries and accumulators in accordance with Directive 2006/66/EC of the European Parliament and of the Council (OJ L 311/3 of 30 November 2010) , hereinafter referred to as "Commission Regulation (EC) No 1103/2010".

Chapter six

COMPULSORY ADMINISTRATIVE MEASURES AND ADMINISTRATIVE PENAL PROVISIONS

Section I

Compulsory administrative measures

Art. 126. For the prevention and cessation of administrative offences under this Act and Regulation (EC) No 1013/2006, as well as for the prevention and elimination of the harmful effects of them, the competent authority or authorised by officials applies coercive administrative measures.

Art. 127. the Minister of environment and water or authorised by officials:

1. stop:

a) collection, storage, transport, recovery or disposal of waste;

(b)) the operation of installations for the disposal or recovery of waste;

in carrying out the activities) OČCM of a specific area in the case of neotstranâvane the breach within 7 days of his determination, except in the cases under art. 75, para. 3;

2. provide the performance of:

a) environmentally sound waste treatment in the cases under art. 24 (3) of Regulation (EC) No 1013/2006 on importation or carriage to the Republic of Bulgaria;

b) back of the waste in the Republic of Bulgaria and their subsequent environmentally sound treatment for cases under art. 22, paragraph 2 or article. 24 (2) of Regulation (EC) No 1013/2006 on export or carriage of the Republic of Bulgaria.

Art. 128. the Director of the REGIONAL INSPECTORATE or an official authorised by him:

1. shall issue instructions for disposal of waste at the expense of the offender and to restore the quality of the environment;

2. suspend activities on the collection, storage, transport, recovery or disposal of waste;

3. stop the operation of waste treatment installations.

Art. 129. (1) the application of a coercive administrative measure is carried out with a reasoned order of the authority under art. 127 or 128.

(2) in order to determine the type of compulsory administrative measure and the manner of its implementation.

(3) the order shall be served on the offender in accordance with the civil procedure code.

(4) the order for enforcement of the measure under art. 127, paragraph 2, subparagraph (a) shall be sent in accordance with the civil procedure code of the consignee of the waste, and under art. 127, paragraph 2, point (b), of the person responsible for sending them, and accompany the transport of waste to their final destination. A copy of the warrant shall be sent without delay to the authority or a person referred to in art. 116, para. 2, item 3 and 4.

(5) the application of a coercive administrative measure can be appealed pursuant to the administrative code. An appeal shall not have suspensive effect.

(6) within 7 working days after receipt of an order for enforcement of the measure under art. 127, item 2 the person to whom the measure is applied, shall submit to the competent authority a certificate that the waste has been adopted for environmentally sound treatment.

(7) all the costs of enforcement of compulsory administrative measures shall be borne by the beneficiaries of the measures have been applied.


Art. 130. (1) the infringements and/or an illegal shipment of waste under art. 2 article 35 of Regulation (EC) No 1013/2006, the authorities of the Customs General Directorate "border police", "traffic police" units in the regional directorates of the Ministry of the Interior, the Executive Agency "automobile administration" Executive Agency "Railway Administration" and an Executive Agency "maritime administration" shall immediately notify in writing within 14 days of the RIEW Director, the location of which the infringement is established and/or illegal transport by sending all the documents.

(2) the directors of the INSPECTORATES shall notify in writing the Minister of environment and water for the established infringements of Regulation (EC) No 1013/2006 and the measures taken.

Art. 131. where it is established that the administrative violation, which has instituted administrative-penal proceedings, constitute an offence, the proceedings shall be terminated and the materials shall be sent to the Prosecutor.

Art. 132. the competent authority or authorised by officials under art. 125 taking measures in order and manner established by the relevant law.

Section II

Administrative offences and sanctions

Art. 133. (1) a fine of 300 to 1000 EUR a natural person who:

1. throw waste of unauthorized places;

2. transmit waste of persons who do not have permission, or complex permit registration document under art. 35 in cases when such are required;

3. do not forward discarded motor vehicle for storing or razkomplektuvane centres;

4. discard the ordinary waste, bearing the mark of separate collection under the Ordinances under art. 13, para. 1 in mixed municipal waste containers and containers for waste collection, placed in property – public State or municipal property, or mix them with other materials or waste in a way, raise your hand their subsequent recycling or recovery, when in a specific location is established separate collection system for the ordinary waste;

5. do not comply with the provisions for reuse, recycling and recovery of construction and demolition waste;

6. throw away garbage in containers for separate waste collection.

 (2) For apparently minor cases of administrative violations in al. 1, paragraphs 1 and 4, established in carrying out their mandated authorities impose fines where violations occur in 10 to 50 leva. against the issue of fish in the order of the law for the administrative offences and sanctions.

(3) a fine of 1400 to 4000 EUR a natural person who:

1. transmit OČCM with bit character without a declaration of origin referred to in art. 39, para. 2 or refuses to fill out a completed or misinformation in the Declaration;

2. transmitting OČCM with bit character of person without permission or complex permit under art. 35, para. 1;

3. carries out activities with OČCM without registration under the commercial law or without permission, if the Act does not constitute a crime;

4. transmit OČCM that do not have a bit of character, including under art. 39, para. 1.

(4) a fine from 2000 to 5000 EUR a natural person who:

1. unregulated burns or carry out any other form of unauthorised waste treatment;

2. violates the requirements of art. 7 of Council Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC.

(5) in the event of a breach having fine, as follows:

1. under paragraph 1. 1 – in size from 600 to 2000 BGN;

2. under para. 3 – in size from 2800 to 8000 LV.;

3. under para. 4 – ranging from 4000 to 10 000 BGN.

Art. 134. (1) a penalty payment in the amount of 1400 to 4000 EUR sole trader or legal person who:

1. throw out non-hazardous waste of unauthorized places;

2. the unregulated burning or carry out any other form of unauthorised treatment of non-hazardous waste.

(2) a penalty payment in the amount of 10 000 to 50 000. sole trader or legal person who:

1. hazardous waste dumps in unauthorized places;

2. the unregulated burning or carry out any other form of unauthorised hazardous waste treatment.

(3) in the event of a breach having penalty payment as follows:

1. under paragraph 1. 1 – in size from 2800 to 8000 LV.;

2. under para. 2 – in the amount of 20 000 to 100 000 LEVs.

Art. 135. (1) a penalty payment in the amount of 2000 to 6000 EUR a sole proprietor or a legal person, with the exception of the persons under art. 14, para. 2:1. do not keep records of waste or does not provide the documents relating to the report or information about waste management according to the requirements of this Act or the Ordinance under art. 48, para. 1;

2. do not provide information or don't keep records as required by the Ordinances under art. 13, para. 1;

3. provide false information and/or false leads accountability under this Act or the regulations under art. 13, para. 1 or art. 48, para. 1;

4. provide, upon request, to the competent authorities on the report, or information about activities on waste management.

(2) a penalty payment in the amount of 5000 to 15 000 LV. sole trader or legal person who: 1. fails to make the classification of waste generated as a result of its activities, by the order of the Ordinance under art. 3;

2. do not carry out a new classification of waste generated as a result of its activities, in the event of a change of raw materials and/or technological processes, which leads to a modification of the composition and properties of the waste, by the order of the Ordinance under art. 3.

(3) a penalty payment in the amount of 5000 to 10 000 LEVs. sole trader or legal person who:

1. provide false data required for registration or its amendment and/or supplement;

2. not stated within a change in the circumstances under art. 79, para. 2.

(4) a penalty payment in the amount of 5000 to 15 000 EUR, a sole proprietor or a legal person, with the exception of the persons under art. 14, para. 2, which does not provide access to the sites or premises or documents to the officer making the inspection.

(5) in the event of a repeated offence under subsection. 1 – 4 shall receive financial penalties representing double the amount.

Art. 136. (1) a penalty payment in the amount of 3000 to 10 000 BGN. sole trader or legal person: 1. violate the provisions concerning the collection, including separate collection, storage, transport or treatment of the household or construction waste;

2. requirements for separate waste collection, transport or treatment of waste according to the type, properties and compatibility of the waste;

3. violates the requirements of the regulations for the packaging and labelling of hazardous waste;

4. the dilution or mixing of industrial and hazardous wastes with other wastes or substances with the aim of achieving the criteria for acceptance of waste for landfill.

(2) a penalty payment in the amount of 7000 to 20 000. sole trader or legal person: 1. transmit or accept waste without the benefit of a written contract in the cases under art. 8, al. 1 or violate the requirements of art. 7, para. 1;

2. violates any requirement under art. 8, al. (2);

3. collect, transport and/or treated waste without permission or registration document when such are required;

4. does not fulfil the conditions laid down in the authorization under art. 35, para. 1, item 1;

5. requirements for the construction and operation of facilities and installations for the recovery or disposal of waste;

6. accept the waste site or a facility for the storage of hazardous waste, without ensuring their separate storage of other materials, or allow their uncontrolled dispersion;

7. take no action for the disposal or recovery of the waste in the statutory time limit;

8. breaches the requirements of management of industrial and hazardous wastes;

9. transmit production and/or hazardous waste to persons who do not have permission, or complex permit registration document under art. 35 for activities with the relevant waste or discharged or harnessed in the statutory time limit;

10. collect and store hazardous waste in containers that do not meet the requirements for tight closure, an indication of the waste or are drawn from materials that interact with the waste;

11. accepts hazardous or industrial waste, without being accompanied by a description of the properties, composition, Treatability, hazardous properties and safety measures when handling or does not carry out the necessary checks, samples and analysis in their adoption;

12. mix hazardous waste with non-hazardous and hazardous waste with other substances and materials, including discharging hazardous waste, unless it is a piece of technology on recovery and disposal and the person holds a permit or complex permit under art. 35;

13. provide false data, required for the issuance, amendment and/or supplement the authorization under art. 35, para. 1, item 1;

14. not stated within a change in the circumstances under art. 73, para. 1;

15. do not provide a measurement of incoming amounts of waste on the site where required.

(3) in the event of a breach having penalty payment as follows:

1. under paragraph 1. 1 – in size from 6000 to 20,000 BGN;

2. under para. 2 – to the tune of 14 000 to 40 000.

Art. 137. (1) a penalty payment in the amount of 7000 to 20 000. sole trader or legal entity which builds and/or operates the incineration plant, which:

1. infringes on technical requirements table of organic compounds in bottom ash and slag, the temperature in the combustion chamber and/or the time of stay of the homogeneous gas mixture;

2. does not provide the necessary measurements of emissions of harmful substances and/or operational parameters.


(2) in the event of a repeated offence under subsection. 1 shall receive financial penalties representing an amount of 14 000 to 40 000.

Art. 138. (1) a penalty payment in the amount of 7000 to 20 000. sole trader or legal person who:

1. adopts for landfill wastes not previously treated, do not correspond to the class of the landfill and/or do not meet the criteria for disposal;

2. incorrect operation of the landfill or the waste combustion;

3. does not control:

a) incoming waste disposal installations and facilities;

(b) for disposal) technology;

in the components of pollution) environment in the operation or after cessation of activity on the disposal of waste;

d) closing of activity facilities and installations for the disposal of waste;

4. do not run the program for the control and monitoring of landfill sites or facilities and installations for waste treatment and decommissioning and reclamation of waste disposal facility and for post-closure monitoring and control;

5. do not perform within the implementing measures of the plan to bring the landfill in accordance with the requirements of the Ordinance under art. 43, para. 1. (2) in the event of a repeated offence under subsection. 1 shall receive financial penalties representing an amount of 14 000 to 40 000.

(3) a penalty payment in the amount of 30 000 to 100 000 LEVs. the owner of the landfill, which:

1. operate a landfill without the presence of a certain amount of deduction for one ton of waste deposited under art. 60, para. 2, item 1 or 2 in accordance with the requirements of this Act or the Ordinance under art. 43, para. (2);

2. do not make two consecutive monthly deductions referred to in art. 60, para. 2, item 1 or 2, or does not provide the bank guarantee referred to in art. 60, para. 2, item 3;

3. monthly allowance made under art. 60, para. 2, item 1 or 2, or provide a bank guarantee under art. 60, para. 2, item 3, not satisfying the requirements of this Act or the Ordinance under art. 43, para. (2);

4. update the amount of deduction under art. 60, para. 2, item 1 or 2, or did not provide a statement from the bank account referred to in art. 61, para. 1;

5. do not continue or not renew a bank guarantee in accordance with the requirements of this Act or the Ordinance under art. 43, para. (2);

6. make two consecutive monthly deductions referred to in art. 64, para. 1 or using false information to reduce their size;

7. disposal of waste for disposal are prohibited.

(4) in the event of a repeated offence under subsection. 3 having penalty payment in the amount of 60 000 to 200 000.

(5) the owner of the landfill, that within the time limit under art. 62, para. 2 does not start carrying out its activities in accordance with the closure plan for the closure, is punishable by a penalty payment in the amount $ 5000. — landfill for non-hazardous waste, and 10 000 EUR — landfill for hazardous waste.

(6) the owner of a landfill which fails to comply with the measures of technical recultivation of landfill within the time limits laid down in the plan for the closure of the landfill, is punishable by a penalty payment in the amount 2000 BGN. – for non-hazardous waste, and $ 5000. – hazardous waste for each acre of the area of the landfill, which was not carried out technical reclamation.

Art. 139. (1) a penalty payment in the amount of 7000 to 20 000. sole trader or legal person who:

1. do not take measures to implement the selective collection of the waste generated by the hospitals, as well as the actions required for their proper storage, transportation and disposal;

2. discard the dangerous waste from hospitals of unregulated locations and/or in containers for collection of household or ordinary waste;

3. stored hazardous waste from hospitals in the open air or in a way that leads to contamination of components of the environment or the spread of disease, illness, or creates preconditions for the emergence of a threat of epidemics;

4. allow the mixing of hazardous waste from medical activities with other hazardous wastes, substances and materials, and prevent subsequent technology for disposal and/or recovery;

5. transmit for landfilling untreated hazardous waste from hospitals;

6. treated waste from hospitals in violation of the requirements of the Ordinance under art. 43, para. 3.

(2) in the event of a repeated offence under subsection. 1 shall receive financial penalties representing an amount of 14 000 to 40 000.

Art. 140. (1) a penalty payment in the amount of 3000 to 10 000 BGN. sole trader or legal person who:

1. take the necessary measures to ensure the separate collection and treatment of the NUBA formed by placed on the market by him batteries and accumulators;

2. carry out the sale of portable and/or automotive batteries and accumulators to end-users in retail, where no containers for their collection from end-users or the vessels do not comply with the regulatory requirements;

3. does not accept non-payment by the end-users unfit for use and/or portable automotive batteries and accumulators of the same type within the working time of the object;

4. place the NUBA in containers for domestic waste or mixed with other wastes;

5. discard spent batteries of unauthorized places and/or pouring an electrolyte;

6. collect and store spent accumulators without electrolyte in collection centres in a quantity exceeding 5 percent of the total quantity of collected batteries;

7. does not provide recovery or transmission for the recovery of his batteries and accumulators in the statutory time limit;

8. transmit for disposal or incineration spent automotive and/or industrial batteries and accumulators;

9. transmit for disposal or incineration spent portable batteries and accumulators containing mercury, lead or cadmium;

10. carry out the disposal of the NUBA, the parts or materials which can be recycled and/or recovered;

11. carry out the sale of portable and/or automotive batteries and accumulators to end-users in retail, where prominently placed signs containing the necessary information on the possibilities of taking back spent portable and/or automotive batteries and accumulators in accordance with the requirements of the Ordinance under art. 13, para. 1;

12. carry out the sale of portable and/or automotive batteries and accumulators to end-users and has not concluded a Treaty ensuring the servicing of containers for taking back spent portable and/or automotive batteries and accumulators, transport and delivery to the recycling of persons possessing the necessary permission to do so;

13. carry out the sale of batteries and accumulators that are not tagged with a label for capacity in accordance with the requirements of Regulation (EC) No 1103/2010.

(2) in the event of a repeated offence under subsection. 1 having penalty payment ranging from 6000 to 20,000 BGN.

Art. 141. (1) a penalty payment in the amount of 3000 to 10 000 BGN. sole trader or legal person who: 1. fails to take the necessary measures to ensure the separate collection and treatment of IUEEO, formed by puskanoto EEE on the market thereof;

2. deliberately violates the integrity of the end-of-life gas discharge lamps and electronic-ray tubes unless you have permission or complex permit under art. 35 for this activity;

3. collect and store outdoors or in open vessels or containers IUEEO, incl. the gas discharge lamps;

4. place IUEEO in containers for domestic waste or mixed with other wastes;

5. carry out the disposal of IUEEO, the parts or materials which can be recycled and/or recovered;

6. submitted for separate disposal brought IUEEO;

7. do not dispose non-reuse, recycling and/or recovery from waste pretreatment of IUEEO in accordance with the requirements of this Act and the regulations for its implementation;

8. carry out selling EEE to end users in a retail environment where no containers for the collection of end users of IUEEO households or the vessels do not comply with the regulatory requirements;

9. does not accept non-payment by the end users, formed IUEEO in bits at the same quantity of the same kind or performing the same functions as the user within hours of the site;

10. carry out the sale of EEE to end-users in retail, where prominently placed signs containing the necessary information on the possibilities of taking back IUEEO in accordance with the requirements of the Ordinance under art. 13, para. 1;

11. carry out selling EEE to end users and has not concluded a Treaty ensuring the servicing of the readmission of the Eee, formed in bits, its transport and its transmission for the recycling or recovery of persons possessing the necessary permission to do so;

12. EEE placed on the market, intended for use in the household, without instructions or instructions for use of the instrument with the required information on the Bulgarian language in accordance with the requirements of the Ordinance under art. 13, para. 1.

(2) in the event of a repeated offence under subsection. 1 having penalty payment ranging from 6000 to 20,000 BGN.

Art. 142. (1) a penalty payment in the amount of 3000 to 10 000 BGN. sole trader or legal person: 1. use sewage sludge treatment of wastewater for the purposes of agriculture, when:

a) the concentration of one or more heavy metals and arsenic in soil or sediment exceeds the maximum permissible concentration;

b) sediments constitute dangerous waste within the meaning of § 1, item 12 of the supplementary provisions;

c) provides no pretreatment of sludge from septic tanks and other similar installations for the purification of waste water;

(d) the consent of the owner) of the Earth;

2. used or made available for use on the Lees:


a) grassland or forage crops if the grassland is to be used for grazing, and the feed will be harvested within a period shorter than 45 days after the use of sludge;

b) soils, which are grown on fruit and vegetable crops and vineyards, with the exception of fruit trees;

in soils), intended for the cultivation of fruit and vegetable crops that are in direct contact with the soil and eaten in its raw state – for a period of 10 months before and during the harvest season;

3. use sludge, without to provide soil testing by accredited laboratories before the initial use of the sludge and then every 5 years until the final termination of their use.

(2) in the event of a repeated offence under subsection. 1 having penalty payment ranging from 6000 to 20,000 BGN.

Art. 143. (1) a penalty payment in the amount of 3000 to 10 000 BGN. sole trader or legal person: 1. carry out activities on the collection, storage, razkomplektuvane, recovery and/or disposal of ELV, components and materials of these unauthorized places or on playgrounds, not satisfying the requirements of this Act or the regulations for its implementation;

2. do not introduce information system for accounting and control of issued certificates for razkomplektuvane of the ELV.

(2) a penalty payment in the amount of 3000 to 10 000 BGN. sole trader or legal person: 1. carry out a sale or change of tyres and does not accept non-payment by the end-users disused tyres (IUG);

2. sells or changing tires and not a organiziralo place to return by end users of the IUG on the territory of the establishment where the sale takes place;

3. carry out a sale or change of tyres and was not contracted to ensure the collection and transmission of IUG for recovery;

4. carry out a sale or change of tyres and not provide information in accordance with the requirements of the Ordinance under art. 13, para. 1 in a conspicuous place on the territory of the object on the possibilities for the adoption of the IUG by end users;

5. transmit for disposal – IUG objectives and/or cut, unless deposited bicycle tires or tires with an outside diameter above 1400 mm or be used as a material for construction of landfills;

6. carry out activities on the collection, storage, recovery and/or disposal of used tyres of unauthorized places or on playgrounds, not satisfying the requirements of this Act and the regulations for its implementation.

(3) a penalty payment in the amount of 3000 to 10 000 BGN. sole trader or legal person who:

1. carry out the sale of packaged goods and does not accept without charge end users used packaging and/or packaging waste of the same type which are organized or other deposit system for repeated use;

2. organiziralo selective collection of waste from commercial buildings, manufacturing, industrial and administrative buildings and/or passed to the persons under art. 33, para. (4);

3. carry out the sale of plastic bags, for which no product fee has been paid under art. 59, para. 7.

(4) in the event of a repeated offence under subsection. 1-3 have penalty payment ranging from 6000 to 20,000 BGN.

Art. 144. (1) a penalty payment in the amount of 3000 to 10 000 BGN. sole trader or legal person: 1. store waste oils or petroleum products on sites that do not meet the requirements of this Act or the regulations for its implementation;

2. waste oils in places which are not equipped for that purpose, or in containers, non-conforming;

3. mix oils containing polychlorinated biphenyls and terphenyls, with other waste oils;

4. mix waste oils and petroleum products with fuels, fluids, brake fluids and solvents;

5. carry out the sale of oil and not provide information in a conspicuous place on the territory of the object on the places of change of oils, possible dangers to human health at risk or mishandling of the environment;

6. change the oil and it is not contracted, which ensure the collection and transfer of waste oils or petroleum products for recovery.

(2) a penalty payment in the amount of $ 7000 to 10,000. sole trader or legal person who:

1. the present information about the holdings of equipment containing polychlorinated biphenyls and terphenyls;

2. does not comply with the time limits set out in the plan for cleaning and/or disposal of holdings of equipment containing polychlorinated biphenyls, approved by order of the Director of the REGIONAL INSPECTORATE in whose territory is situated the equipment.

(3) in the event of a breach having penalty payment as follows:

1. under paragraph 1. 1 – in size from 6000 to 20,000 BGN;

2. under para. 2 – to the tune of 14 000 to 40 000.

Art. 145. (1) a penalty payment or a sole trader, a legal person which:

1. carry out activities with OČCM without permission;

2. carry out the sale of OČCM, obtained as a technological waste of own production or by own depreciation of Lom, persons without authorization;

3. adopt OČCM by a legal person or sole proprietor without a certificate of origin or without a written contract;

4. immediately after completion of the deal for receiving and/or shipping not OČCM enter in the records all the circumstances;

5. do not allow supervisory authorities to the places where it operates, or not present in the specified time records for the adopted, imported, exported or transmitted and OČCM other documents that is bound to lead;

6. contract or accept a certificate or declaration with not all required data, identifying the persons or kupuvaniâ waste;

7. within three months after suspension of the activity does not implement the available quantities of OČCM and/or do not take the necessary action for the cleaning of the site;

8. breaches the requirements of art. 39, para. 4, 5 or 6;

9. accept from individuals with character OČCM bit without a declaration of origin;

10. taken from individuals who do not have the OČCM bit in nature, including waste under art. 39, para. 1;

11. carry out settlements on deals with waste in violation of the requirements of art. 38, para. (4);

12. not issued and/or does not transmit a declaration of conformity in accordance with art. 5 (1) and (2) of Regulation (EC) No 333/2011;

13. do not apply a quality management system in accordance with art. 6 (1) of Regulation (EC) No 333/2011.

(2) for infringements under para. 1, item 1 – 3, 5, 6, 8 – 11 to impose financial penalties in the amount of 30 000 to 100 000 BGN, and in other cases under para. 1-from 3000 to 10 000 BGN.

(3) in the event of a repeated offence under subsection. 1, item 1 – 3, 5, 6, 8 – 11 having penalty payment in the amount of 60 000 to 200 000 EUR, and in other cases under para. 1 – from 6000 to 20,000 BGN.

Art. 146. A penalty payment in the amount of 5000 to 10 000 LEVs. sole trader or legal person who:

1. outsource or perform construction or erection or removal of works without the presence of management plan of construction waste in cases where such is required under art. 11, para. 1;

2. do not achieve the objectives for the recovery and recycling of construction waste in accordance with the requirements and time limits laid down by the Ordinance under art. 43, para. 4.

Art. 147. (1) a penalty payment in the amount of 5000 to 10 000 LEVs. sole trader or legal person who:

1. violates the requirements of art. 47 and/or not stated within entries in the registers under art. 45, para. 1, item 2-5 and 8;

2. no entry deadline stated in the change in circumstances subject to entry in the registers under art. 45, para. 1, item 2, 5 and 8.

(2) A legal person or sole proprietor having the penalty payment in the amount of 10 000 to 50 000 EUR, where:

1. marketed batteries and accumulators, which are:

a) contain mercury or cadmium exceeding the values set by the Ordinance under art. 13, para. 1;

(b)) are not marked in accordance with the requirements of the Ordinance under art. 13, para. 1;

in) are not tagged with a label for capacity in accordance with the requirements of Regulation (EC) No 1103/2010;

2. markets parts and components for motor vehicles:

a) contain lead, mercury, hexavalent chromium and cadmium over levels in accordance with the requirements of this Act and the Ordinance under art. 13, para. 1;

(b)) are not indicated with a view to their suitability for reuse and recovery, as well as the ability to be dismantled before the subsequent treatment;

3. run and circulate on the market packages that are not marked with the indications of the identity of the materials from which they are produced;

4. start and spread the market packages which contain heavy metals – lead, cadmium, mercury and hexavalent chromium, exceeding the maximum permissible content and/or do not comply with the other requirements laid down in the Ordinance under art. 13, para. 1;

5. the EEE placed on the market, which is not marked in accordance with the requirements of the Ordinance under art. 13, para. 1;

6. place on the market products which do not comply with the requirements laid down by this law and/or the Ordinances under art. 13, para. 1.

(3) in the event of a repeated offence under subsection. 1 having penalty payment in the amount of 10 000 to 20 000 BGN, and under para. 2 – in the amount of 20 000 to 100 000 LEVs.

(4) the person referred to in paragraph 1. 2 or 3 shall be obligated to pay and the cost of recovery and/or disposal of the products referred to in paragraph 1. 2, paragraph 1, subparagraph (a), paragraph 2, subparagraph (a), item 4 and item 5.

Art. 148. (1) a penalty payment recovery organisation or person under art. 14, para. 1 performing his obligations individually:

1. do not carry a prescription given to the competent authorities in connection with a breach of a condition of the authorization under art. 81, para. 1;

2. provide information and do not keep records in accordance with this law and/or the Ordinances under art. 13, para. 1;


3. provide false information and/or false leads accountability under this Act and the Ordinances under art. 13, para. 1;

4. do not provide access to sites, facilities and/or documents of an official carrying out inspection and/or of Auditors under art. 18, al. 2 or 3;

5. does not fulfil the requirements for covered a population of systems for separate collection of waste from packaging under art. 33, para. 1 and the Ordinance under art. 13, para. 1;

6. the obligations are not fulfilled for the separate collection and treatment of waste under art. 14, para. 1 and/or for the establishment of a system of art. 15 and/or have not fulfilled the requirements of art. 14, para. 3 of a person performing his obligations individually;

7. do not recover within cost under art. 18, al. 5;

8. do not execute the warrant came into effect under art. 59, para. 2 the Minister of environment and water;

9. do not provide information to users in accordance with the provisions of the Ordinances under art. 13, para. 1;

10. provide false data required when issuing, modifying and/or supplementing or extending the period of validity of the authorization under art. 81, para. 1.

(2) for infringements under para. 1, item 1, 3, 4 and 6 shall impose financial penalties in the amount of 50 000 to 150 000 EUR, and in other cases under para. 1-from 10 000 to 20 000.

(3) in the event of a repeated offence under subsection. 1, item 1, 3, 4 and 6 shall receive financial penalties representing the size from 100 000 to 300 000 EUR, and in other cases under para. 1 – 20 000 to 40 000.

(4) a penalty payment in the amount of 20 000 to 40 000. person under art. 14, para. 1, performing their duties individually, which does not accept or has secured the readmission of waste in accordance with art. 14, para. 3. (5) in the event of a repeated offence under subsection. 4 having penalty payment in the amount of 40 000 to 80 000.

Art. 149. (1) a penalty payment in the amount of 30 000 to 100 000 LEVs. Organization for recovery, which violates any of the prohibitions in art. 16 or 17.

(2) a legal person or sole proprietor who does not pay the product fee under art. 59, in cases where such is required, is punishable by a penalty payment in the amount of 30 000 to 500 000.

(3) a person who places on the market, after which form ordinary waste, and fulfil its obligations through a collective system of art. 14, para. 2, item 1, shall be punished with the penalty payment in the amount of 10 000 to 30 000 EUR in case they refuse screening or auditing data for products placed on the market, as required under art. 14, para. 6. (4) for the second violation, penalty payment be imposed as follows:

1. under paragraph 1. 1 – in the amount of 60 000 to 200 000 EUR;

2. under para. 2 – in the amount of 60 000 to 1 0000 0000 BGN.;

3. under para. 3 – in the amount of 20 000 to 60 000.

Art. 150. (1) for carrying out the transport of non-hazardous waste, defined as illegal according to art. 2 article 35 of Regulation (EC) No 1013/2006, or for violation of the prohibition under art. 98 individuals are punished with a fine of 1000 to 5000 BGN, and for legal persons and the sole traders having penalty payment in the amount of 10 000 to 25 000.

(2) to carry out the transport of hazardous waste, defined as illegal according to art. 2 article 35 of Regulation (EC) No 1013/2006, or for violation of the prohibition under art. 98 individuals are punishable by a fine of up to 3000 15 000 BGN, and for legal persons and the sole traders having proprietary sanction from 50 000 to 250 000 EUR

(3) a fine in the amount from 1000 up to 5000 EUR natural person or with a proprietary sanction from 2000 to 20000 EUR sole trader or legal person who:

1. the document does not provide information or verify facts in accordance with the requirements of art. 15, the letters "c", "d" or "e" or art. 16 of Regulation (EC) No 1013/2006;

2. the document does not provide information or submit a new notification in the cases under art. 17 of Regulation (EC) No 1013/2006;

3. violates the ban on the mixing of waste during shipment under art. 19 of Regulation (EC) No 1013/2006;

4. does not comply with the requirements concerning the carriage of waste under art. 18 of Regulation (EC) No 1013/2006;

5. do not send a copy of the transport document in accordance with the requirements of art. 35, paragraph 3 (c), art. 38, paragraph 3, point (b) or art. 42, paragraph 3 (c) of Regulation (EC) No 1013/2006.

(4) For non-compliance with the compulsory administrative measures under art. 127, item 2 or of art. 129, para. 6 of individuals having a fine of 1000 to 5000 BGN, and for legal persons and sole proprietors have penalty payment in the amount of 5000 to 10 000 LEVs.

(5) a penalty payment in the amount $ 1000. sole trader or legal person which does not fulfil its obligation under art. 103.

(6) For non-compliance with the compulsory administrative measures under art. 127, paragraph 1, or article. 128 individuals are punished with a fine of 5000 to 10 000 BGN, and for legal persons and the sole traders having penalty payment in the amount of 10 000 to 20 000.

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

1. under paragraph 1. 3 – in the amount of 2,000 to 10,000 BGN. for natural persons, respectively in size from 4000 up to 40, 000. for legal persons;

2. under para. 4 – at the rate of 2,000 to 10,000 BGN. for natural persons, respectively, in the amount of 10 000 to 20 000. for legal persons;

3. under para. 5 – in the amount of 2000 BGN;

4. under para. 6 – in size from 2000 to 20000 EUR for natural persons, respectively, in the amount of 20 000 to 40 000. for legal persons.

Art. 151. (1) a fine of 1400 to 4000 EUR, if not subject to more severe punishment, Mayor of municipality and/or official who:

1. fails to fulfil its obligations in organizing the implementation of the measures in the programmes for waste management;

2. do not carry out the update of the waste management program in accordance with this Act and the regulations for its implementation;

3. do not carry out the necessary actions in cases where agents of waste are unknown;

4. do not carry out control in waste management in accordance with art. 112.

(2) a fine of 3000 to 10 000 LEVs, unless subject to a more severe punishment, Mayor of municipality and/or official who:

1. provide containers for the collection of household waste;

2. fails to provide domestic waste collection and transport to landfills or other facilities and installations for the recovery and/or disposal;

3. ensure the cleaning of streets, alleys, squares, parks and other areas of human settlements, intended for public use;

4. ensure the Organization and implementation of system for separate collection of hazardous wastes from municipal waste streams under art. 19, para. 3, s. 9;

5. arrange the operation of waste treatment facility within 6 months from the date of issue of the authorization to use the building;

6. do not take measures to prevent dumping of unauthorized places and/or the creation of illegal dumps and/or organize clean-up;

7. do not perform within the required actions relating to the siting, construction, operation, closure and monitoring of landfills for municipal waste or of other installations or installations for the recovery and/or disposal of household waste;

8. do not arrange a collection, recovery or disposal of waste from the construction company, formed from the households of the territory of the municipality;

9. do not organise within the separate collection of household waste on the territory of the municipality for at least the following waste materials: paper and cardboard, metals, plastics and glass;

10. do not organize activities on the separate collection of waste or ordinary don't determine the locations for the deployment of the necessary elements of separate collection systems and/or places for the transmission of ordinary waste;

11. do not take the necessary action to implement the objectives of preparing for re-use and recycling of art. 31, para. 1 in accordance with the decision referred to in art. 26, al. 1, item 6;

12. do not take the necessary action to prepare for and take a decision under art. 26, al. 1 or for its implementation;

13. do not organise separate collection and storage of municipal biodegradable waste, including not specify locations for the deployment of the necessary elements of the system for the separate collection of waste and their transmission for composting or anaerobic digestion, where this is required by the Ordinance under art. 43, para. 5;

14. do not provide within sites for free transmission of separately collected waste from households, including large-size waste, hazardous waste, and other OČCM in settlements with a population of more than 10 000 inhabitants;

15. don't arrange the cleaning of the waste of municipal roads in accordance with art. 12;

16. do not provide information to the public under art. 19, para. 3, s. 13;

17. do not keep a log of sites for transmission of waste under art. 19, para. 3, s. 14;

18. do not take the necessary action for measurement and/or determination of quantities and/or composition of the waste, where this is required.

(3) a fine of up to 7000 EUR 20 000, if not subject to more severe punishment, an official who:

1. enable the commissioning of objects forming a waste, without compliance with the requirements for the adoption of the object;

2. determine the area of deployment of waste treatment facilities, without committing the necessary research or when its results indicate that construction at the site will endanger human health and the environment and/or violate the requirements of this Act and the regulations for its implementation;

3. fails to fulfil its obligations in setting out the requirements for safe eradication activities and restoring the site where waste treatment activity;


4. allow the putting into service of installations and equipment for the recovery or disposal of hazardous wastes, when failure to comply with the requirements of this Act;

5. the release from customs control in violation of the laws in force in the State border transported waste;

6. do not take timely measures to prevent the illegal shipment of waste, for the temporary immobilisation of the carriage or to eliminate other consequences of violations;

7. approve the investment plan or plan for the management of construction and demolition waste, no measures are envisaged or intended measures do not ensure the implementation of the objectives for the recovery and recycling of construction and demolition waste;

8. do not take the necessary action to implement and/or does not fulfill the purpose of the recovery and recycling of construction waste, as defined by the Ordinance under art. 43, para. 4.

(4) an official who fails to comply with the prohibition under art. 9, para. 1 shall be punishable by a fine in the amount from 1000 up to 5000 EUR

(5) a fine of 5000 to 15 000 LEVs, unless subject to a more severe punishment, an official who:

1. issue an authorisation or a registration document for the collection, storage, transport, recovery or disposal of waste in violation of the requirements of this Act;

2. do not take the measures necessary for the identification of violations of the requirements of this Act or the regulations for its implementation, and/or for the imposition of sanctions;

3. in the case of an infringement does not take the necessary action for its removal.

(6) for the second offense of having fined, as follows:

1. under paragraph 1. 1 – in size from 2000 to 8000 LV.;

2. under para. 2 – in size from 6000 to 20,000 BGN;

3. under para. 3 – to the tune of 14 000 to 40 000 BGN.;

4. under para. 4 – at the rate of 2,000 to 10,000 BGN;

5. under para. 5 – in the amount of 10 000 to 30 000.

Art. 152. (1) the offences under art. 23, para. 1 the mayors of municipalities and/or officials are punished with a fine of 5000 to 10 000 LEVs.

(2) the President of the regional association, who does not fulfil his obligation to convene the general meeting is punishable by a fine of 5000 to 10 000 LEVs.

Art. 153. The Mayor of a municipality who fails to take actions under art. 21, para. 1 or fails to take the appropriate actions in due time for preparation, building, closure and sledeksploatacionni care of the site of the landfill and other municipal treatment facilities and/or construction waste is punishable with a fine of 20, 000.

Art. 154. In establishing the causal agents of waste under art. 55, para. 1 of individuals having a fine of 3000 to 10 000 BGN, and for legal persons and sole proprietorship – penalty payment from 6000 to 20,000 BGN.

Art. 155. (1) For other violations of this law, which do not constitute crimes, individuals, mayors of municipalities or officials are punished with a fine of from 500 to 3000 BGN, and for legal persons or sole proprietorship having penalty payment from 1000 to 6000 EUR

(2) in the event of infringement, the amount of the fine or pecuniary penalty in twice in the Al. 1.

Art. 156. (1) For failure to comply with the requirement under art. 113, para. 3 or art. 120 of individuals having a fine of $ 2000. up to 10 000 BGN, and for legal persons penalty payment in the amount of 5000 to 20 000.

(2) in the event of a repeated violation of individuals having a fine of $ 4000. up to 20 000 BGN, and for legal persons penalty payment in the amount of 10 000 to 40 000.

Art. 157. (1) the offences under art. 133, para. 1 and 2, art. 134, para. 1 and 2 and art. 146 shall be established by decision of the Director of the REGIONAL INSPECTORATE or authorised by officials, as well as by officials authorised by the Mayor of the municipality.

(2) the offences under art. 133, para. 4, art. 135-138, 140, 141, 143, 144, art. 147, para. 1, art. 149, art. 151, para. 1 – 4 and art. 152-154 shall be established by decision of the Director of the REGIONAL INSPECTORATE or the officials authorised by him, and the offences under art. 147, para. 2 – with the Act of the relevant supervisory authority under art. 125 or authorised by officials.

(3) the offences under art. 148 and article. 151, para. 5 shall be established by decision of the Minister of environment and waters or authorised by officials.

(4) the penal provisions under para. 1, 2 and 3 shall be issued by the Minister of environment and water or authorised by him, as well as officials from the Mayor of the municipality or an official authorised by him, in the cases referred to in para. 1.

(5) the offences under art. 133, para. 3 and art. 145 shall be established by decision of the Ministry of the Interior or the authorised by the Director of the REGIONAL INSPECTORATE or the Mayor of the municipality officials and penal provisions shall be issued by the Minister of environment and water or by officials authorised by him.

Art. 158. The offences under art. 150 shall be established by decision of the supervisory authorities under art. 116, para. 2, and the penal provisions shall be issued by the Minister of environment and water or by officials authorised by him.

Art. 159. The offences under art. 139 shall be established by an act of authorized by the Director of the REGIONAL INSPECTORATE or the Director of RZI officials and penal provisions shall be issued by the Director of the REGIONAL INSPECTORATE or the Director of RZI.

Art. 160. The establishment of the offences, the issuance, the appeal and the implementation of the penal provisions shall be carried out in accordance with the law for the administrative offences and sanctions.

ADDITIONAL PROVISIONS

§ 1. Within the meaning of this law:

1. the "biomass" means products consisting of plant materials from agriculture and forestry, which can be used as fuel for the purpose of exploiting the energy potential, as well as the following wastes:

a) vegetable waste from agriculture and forestry;

b) vegetable waste from the food industry, provided that the resulting in burning their heat is recovered;

in fibrous vegetable waste) from the pulp from wood and paper production from cellulose, provided it is co-incinerated at the place of their formation and the resulting heat is recovered;

d) cork waste;

e) wood waste, including wood construction waste, excluding those resulting from treatment with preparations for tree protection or coatings may contain halogenated organic compounds or heavy metals.

2. "bio-waste" means biodegradable waste from parks and gardens, food and kitchen waste from households, restaurants, caterers and retail stores, as well as similar wastes of food industry undertakings.

3. "Biodegradable waste" means any waste that have the ability to break down anaerobic or aerobic, as food and plant waste, paper, cardboard, etc.

4. ' municipal waste ' means waste from households "and" similar to waste from households.

5. "broker" means any natural or legal person who organizes the recovery or disposal of waste on behalf of others, including such brokers who do not physically hold the waste.

6. "disposal" is a method in which there is no provision for the subsequent treatment of waste and the storage of waste represents for a period longer than three years – for waste destined for recovery, and a year – for waste destined for disposal in a manner that does not present a risk for human health and the environment.

7. "ordinary waste" means waste that are formed after using products from numerous sources throughout the country and, because of their characteristics require special management.

8. "Mining waste" means waste from technological exploration, extraction and processing of natural resources, accumulated as a result of activities under permission to search and/or study or mining concessions.

9. "best available techniques" means best available techniques as defined in § 1, item 42 of the additional provisions of the law for the protection of the environment.

10. "back filling" is an activity in which recovery suitable waste is used for rekultivacionni purposes in the excavated areas or for engineering purposes in the construction of landfills and where the waste is a substitute for the neotpad″čni materials.

11. "disposal" means any activity which is not recovery even where the operation has as a secondary consequence of substances or energy recovery. Annex 1 contains a non-exhaustive list of disposal operations.

12. "hazardous waste" means waste that possess one or more of the hazardous properties listed in annex 3.

13. "recovery" means any activity which has as a main result the use of waste for a useful purpose by replacing other materials which would otherwise be used for the performance of a particular function, or waste preparation to perform this function in a production plant or the economy as a whole. Annex 2 contains a non-exhaustive list of recovery operations.

14. "the recovery of the materials ' means any recovery activity with the exception of the energy recovery and the reprocessing into materials that are used as fuel.

15. "recovery of materials from construction and demolition waste" means all activities on the utilization of construction waste with the exception of incineration with energy recovery and the reprocessing into materials that are used as fuel. Recovery activities include preparing for re-use, recycling or other recovery material.

16. "the recovery" is a legal entity registered under the commercial law or under national legislation, which does not allocate profit and which manages and/or carry out activities on separate collection, recycling and recovery of ordinary waste.


17. "waste" means any substance or object which the holder discards or intends to discard or is required to discard.

18. "household waste" means waste produced by households.

19. "ferrous and non-ferrous metals" are the technological waste resulting from the extraction, processing or machining of ferrous and non-ferrous metals and alloys, discarded machines, equipment, components and structures of production, construction or bit character except for hazardous waste.

20. "ferrous and non-ferrous metals with a bit of character" are ferrous and non-ferrous metals (OČCM) obtained as a result of vital activity of the people in their homes, in the administrative, social and public buildings. Shall be assimilated to them and waste of ferrous and non-ferrous metals, received by commercial sites, craft activities, sites for recreation and entertainment.

21. "waste oils" means all lubricating oils or of mineral or synthetic-based, unfit for use in their original purpose, like used motor and transmission oils, lubricating oils, turbine and hydraulic oils.

22. "market price" is the price within the meaning of § 1, item 8 of the additional provisions of the tax-insurance procedure code.

23. "reuse" means any operation by which products or components that are not waste are used again for the purpose for which they were intended.

24. "repeated violation" is a disorder that is carried out within one year of the entry into force of the decree by which the offender was punished for infringement of the same type.

25. "preparing for re-use" means recovery operations, representing inspection, cleaning or repair, by which products or components of products that have become waste are prepared so that they can be re-used without any other pre-processing.

26. "Such waste" means waste which, by their nature and composition are comparable with waste from households, with the exception of industrial waste and waste from agriculture and forestry.

27. "Advance store" is the business of storing waste at the place of formation to its collection in facilities where they are unloaded, to prepare for further transport for recovery or disposal.

28. "prevention" means measures taken before a substance, material or product has become waste, that reduce:

(a) the quantity of waste), including through the re-use of products or the extension of their life cycle;

(b)) the adverse effects of the waste on the environment and human health, or

in) the content of harmful substances in materials and products.

29. "waste holder" means that the waste or the natural or legal person in whose possession they are found.

30. "waste producer" means a natural or legal person whose activities are formed (primary cause of waste), or anyone who carries out pre-processing, mixing or other operations resulting in a change of the properties or composition of the waste.

31. ' producer of the product "is a natural or legal person who professionally develops, manufactures, processes, treats, sells, introduced by a Member State of the European Union or imported products on the market in the Republic of Bulgaria.

32. "industrial waste" means waste generated as a result of the production activity of natural and legal persons.

33. "placing on the market" means the first making available of a product available to the other person, free of charge or for a fee, in order for it to be distributed and/or used in the territory of the Republic of Bulgaria, as well as the introduction and implementation in the territory of the Republic of Bulgaria of the product by a person for his own commercial, industrial or professional activity.

34. "separate collection" means the collection, in which the flow of waste is broken down by type and nature of the waste in order to facilitate a specific treatment.

35. "Extended producer responsibility" principle is implemented as a set of measures to reduce the overall environmental impact of a product through the introduction of obligations and responsibilities for the manufacturer of the product throughout its life cycle and in particular to restrict the content of dangerous substances, taking back, reuse, recycling, recovery and disposal of waste derived from the use of the product.

36. "regeneration of waste oils" means any recycling activity through which can produce base oils by refining waste oils, in particular by removing the contaminants, oxidation products and additives contained in such oils.

37. "recycling" means any recovery operation by which waste materials are reprocessed into products, materials or substances for their original purpose or for other purposes. It includes the reprocessing of organic material but does not include energy recovery and the reprocessing into materials that are to be used as fuels or for backfilling operations.

38. "affiliates" are persons within the meaning of § 1 of the commercial code.

39. "construction and demolition waste" means waste from construction and demolition waste, corresponding to the codes referred to in chapter 17 of the Index to decision 2000/532/EC of 3 May 2000 replacing decision 94/3/EC establishing a list of wastes pursuant to article 1 (a)) of Directive 75/442/EEC on waste and Council decision 94/904/EC establishing a list of hazardous waste pursuant to article 1 (4) of Directive 91/689/EEC on hazardous waste and its subsequent amendments.

40. "Sledeksploatacionni care of the waste" are maintenance activities at the site of the landfill upon its closure, control and monitoring of the parameters of the environment (monitoring) and the removal of possible negative consequences of the impact of the site on the environment and human health for the post-operational period by the competent authorities of the landfill.

41. ' collection ' means the gathering of waste, including the preliminary sorting and preliminary storage of waste, with the aim of transporting them to a waste treatment facility.

42. "Store" is an activity related to the storage of waste from their collection to their treatment, for a period not exceeding three years): – in a subsequent transmission for recovery;

(b)) a year – in the subsequent transfer for disposal.

43. "transport" means the carriage of waste, including supporting activities of loading and unloading, reloading is carried out by the operator as a stand-alone activity.

44. "waste treatment" means recovery or disposal operations, including preparation prior to recovery or disposal.

45. "trader" means any natural or legal person acting in his own name and for its account with the purchase and subsequent sale of the waste, including such dealers who do not physically hold the waste.

46. "waste management" means the collection, transport, disposal and recovery of waste, including the control over these activities, sledeksploatacionnite care of landfills, as well as the actions taken as a dealer or broker.

§ 2. This law introduces the requirements of:

1. Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain directives (OJ L 311/3 of 22 November 2008);

2. Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC;

3. Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste;

4. Directive 1999/31/EC of 26 April 1999 on the landfill of waste;

5. Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (WEEE);

6. Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste;

7. Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of-life vehicles;

8. Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT);

9. Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture;

10. Council Directive 78/176/EEC of 20 February 1978 on waste from the titanium dioxide industry;

11. Council Directive 82/883/EEC of 3 December 1982 on procedures for the surveillance and monitoring of environments concerned by waste from the titanium dioxide industry;

12. Council Directive 92/112/EEC of 15 December 1992 on procedures for harmonizing the programmes for the reduction and eventual elimination of pollution caused by waste from the titanium dioxide industry.

§ 3. (1) the Minister of environment and waters is the national competent authority and Coordinator for all international agreements relating to the subject matter of this law, to which the Republic of Bulgaria is a party.

(2) the Minister of environment and waters is the national competent authority in relation to information, reporting and notification of European Commission Directive 2008/98/EC, including:

1. notification of the case for the classification of the waste under art. 3, al. 4 and 5;


2. the notification of the decisions under art. 5, al. 2, stating that a given waste has ceased to be waste in cases where criteria have not been defined at European Union level, to be applied for this purpose;

3. the submission of the report referred to in art. 49, para. 11;

4. provision of information to the General rules laid down by the procedure of art. 35, para. 6;

5. information on the waste management plan under art. 49 and waste prevention program under art. 50 after their adoption, as well as for all of their substantive amendments;

6. provide every three years, the sectoral report for implementation of the directive in electronic format, containing information on the management of waste oils and on the progress made in the implementation of the waste prevention programmes, and – where appropriate – information concerning measures for extended producer responsibility;

7. notification of decisions under art. 98, para. 3.

TRANSITIONAL AND FINAL PROVISIONS

§ 4. The law on waste management (promulgated, SG. 86 from 2003; amend., SG. 70 by 2004, no. 77, 87, 88, 95 and 105 by 2005, issue 30, 34, 63 and 80, 2006 no. 53 of 2007, issue 36, 70 and 105 of 2008, issue 82 and 95 of 2009, issue 41, 63 and 98 of 2010. , PC. 8, 30, 33 and 99 by 2011; Decision No. 3 of the Constitutional Court by 2012 – PCs. 26 from 2012; amend., SG. 44 by 2012.) is hereby repealed.

§ 5. (1) Nepriklûčilite at the date of entry into force of the law issuing procedures, amendment, addition or extension of validity of permits, registration documents and licenses for trade in ferrous and non-ferrous metals (OČCM) under the revoked law for waste management are suspended ex officio by the competent authority, and the fee paid shall be refunded, upon request of the applicant.

(2) Nepriklûčilite at the date of entry into force of the law on procedures of validation programs for waste management under the revoked law for waste management are suspended ex officio by the competent authority, and the fee paid shall be refunded, upon request of the applicant.

§ 6. (1) authorisation and registration documents for carrying out activities with waste, issued under the revoked law for waste management, except in the cases referred to in para. 2 and § 7 para. (6) and (7) shall retain their validity until they expire, but not later than three years from the entry into force of the law.

(2) when required by the amendment to the permission under paragraph 1. 1, issued by the Minister of environment and water, an application shall be submitted for the issuance of the new by the procedure of art. 67 to the Director of the REGIONAL INSPECTORATE in whose territory they are located with the sites subject to change circumstances under art. 73. the authorisation under paragraph 1. 1 retains its action in respect of the sites and activities waste on the territory of the respective INSPECTORATES to the competent authority. The authorisation granted by the order of art. 67, covers all the sites and activities waste in the territory of the REGIONAL INSPECTORATE.

(3) where an amendment of a registration document shall be filed a new application in accordance with art. 78.

(4) certificates issued under art. 84, para. 4 of the revoked law for waste management retain their effect until 31 December 2012.

§ 7. (1) persons holding a license for carrying out of business with OČCM, issued under the revoked law for waste management, submitted within six months of the entry into force of the law, an application for authorization under art. 67 to the Director of the REGIONAL INSPECTORATE in whose territory they are located the sites for waste.

(2) in the cases referred to in para. 1 license for commercial activity with the OČCM effect until the preserved pronouncement on the application to the competent authority under paragraph 1. 1. (3) in cases where no application is made under paragraph 1. 1, the license keeps the action within six months of the entry into force of the law.

(4) within three months of the expiry of the period referred to in para. 3 the holder of the licence is obliged to suspend the activity, to realise the available quantities OČCM and to take the necessary measures to clean up the sites.

(5) persons holding a permit and/or registration document issued under the revoked law for waste management activities, storage and pretreatment of waste of metal packaging, ELV and the NUBA IUEEO, submit, within 6 months of the entry into force of the law, an application for authorization under art. 67 to the Director of the REGIONAL INSPECTORATE in whose territory they are located the sites for waste.

(6) in the cases referred to in para. 5 the authorisation and registration document issued under the revoked law on waste management, retain your action to adjudicate on the application to the competent authority under paragraph 1. 5. (7) in cases where no application is made under paragraph 1. 5, authorisations and registration documents on al. 5 keep the action within six months of the entry into force of the law.

(8) within three months of the expiry of the period referred to in para. 7 the person is obliged to cease operations and to take the necessary measures to clean up the sites.

(9) within one month from the entry into force of the law the Minister of economy, energy and Tourism shall submit to the Minister of environment and water information from the register under art. 26, al. 2 of the revoked law for management of electronic waste.

§ 8. (1) waste recovery Organizations, received permission until the entry into force of the law, shall bring their activities in accordance with the requirements and submit an application under art. 81, para. 2 to issue a new permit within 6 months from the entry into force of the law. Certificates issued before the entry into force of the Act permits reserve effect to the competent authority by a decision.

(2) in cases where no application is made under paragraph 1. 1, retain permissions have effect by 31 December 2012, as evidenced the fulfilment of the objectives for 2012.

§ 9. (1) the regulations on the implementation of the law will be issued/adopt within 6 months from its entry into force.

(2) regulations issued/revoked law adopted on the basis of waste management shall be applied to the issuance of the acts under paragraph 1. 1, in so far as they do not contravene this law.

§ 10. The targets for recycling and recovery of packaging waste, laid down in art. 11, para. 2 and 3 of the revoked law for waste management, shall apply to the adoption of the Ordinance under art. 13, para. 1.

§ 11. Programmes adopted under art. 29, para. 1, item 1 of the revoked law for waste management keep their action until their expiry, but no later than two years from the entry into force of the law.

§ 12. Regulations adopted by the municipal councils under art. 19 of the revoked law for waste management retain its action to adopt the Ordinances under art. 22, but not later than two years from the entry into force of the law.

§ 13. (1) Established by the order of art. 19 (b) of the revoked law for waste management regional associations of municipalities are retained. Article 24, para. 1 and 2 shall not apply to municipalities, regional associations created under the revoked law for waste management.

(2) the Incumbent regional associations and agreements established by the order of art. 19 (a) of the revoked law for waste management before May 23, 2010, subject to termination by 31 December 2014 If municipalities choose to retain incumbent regional associations or agreements by 31 December 2014 may receive financing projects in the field of waste management under art. 24, para. 9.

§ 14. (1) Sites under art. 19, para. 3, 11 are provided within two years after the entry into force of the law.

(2) within the period referred to in paragraph 1. 1 the transfer of OČCM with bit nature of individuals is carried out in the presence of a declaration of origin only to persons holding: 1. authorization or complex permit under art. 35, para. 1;

2. license for business with OČCM, valid in the periods referred to in § 7.

§ 15. The purpose of art. 31, para. 1, item 1 for preparing for re-use and recycling of waste materials, including at least the paper & cardboard, metal, plastic and glass from households and similar waste from other sources shall be applied as follows:

1. by 1 January 2016 – at least 25 percent of their total weight;

2. until 1 January 2018 – at least 40 percent of their total weight;

3. by 1 January 2020, at least 50 percent of their total weight.

§ 16. The purpose of art. 32, para. 1 for reuse, recycling and other material recovery, including backfilling operations by replacing other materials of waste of non-hazardous building waste, with the exception of soils masses of Earth and rock excavation in the natural state, not containing dangerous substances, shall apply as follows:

1. by 1 January 2016, at least 35 per cent of the total weight of the waste;

2. until 1 January 2018 – at least 55 per cent of the total weight of the waste;

3. by 1 January 2020 – at least 70 per cent of the total weight of the waste.

§ 17. The registers under art. 45, para. 1.4-9 and art. 46 are created within 6 months from the entry into force of the law.

§ 18. (1) the plan referred to in art. 49, para. 1 be adopted within two years of the entry into force of the law.

(2) the national programme for waste management under art. 28, para. 1 of the revoked law for waste management retains its action to the adoption of the plan under art. 49, para. 1. (3) the program referred to in art. 50, para. 1 shall elaborate and submit to the cabinet within 12 December 2013.

§ 19. (1) the requirements of art. 60 shall not apply to the regional or municipal landfills, for which as at 1 January 2011 the residual capacity of the landfill is less than 10 percent of the total capacity of the landfill, which has been in operation.

(2) the requirements of art. 60 shall not apply to landfills for which the specified deadline for the suspension of their operation before 1 January 2012.


(3) landfill under para. 1 and 2 make deductions at the minimum amount determined by the Ordinance under art. 43, para. 2 within the suspension of their operation.

§ 20. The provision of art. 138, para. 3, item 7 shall apply after the expiry of the time limits laid down for the equipment provided for in annex 5.

§ 21. R13 R12 and activities of Annex No. 2, as well as the transfer to prepare for recovery shall not be taken into account for the implementation of the targets for reuse, recycling and recovery of ordinary waste, laid down in the Ordinances under art. 13, para. 1.

§ 22. Submission of applications and documents electronically in cases provided for by law, shall not apply to the putting into service of an information-technical system guaranteeing their treatment in accordance with the requirements of the electronic document and electronic signature law.

§ 23. In the spatial planning Act (official GAZETTE, no. 1 of 2001; amend., SG. 41 and 111 since 2001, 43/2002, no. 20, 65 and 107 since 2003, no. 36 and 65 since 2004, no. 28, 76, 77, 88, 94, 95, 103 and 105 by 2005, issue 29, 30, 34, 37, 65, 76 , 79, 80, 82, 106 and 108, 2006, issue. 41, 53 and 61 of 2007, PC. 33, 43, 54, 69, 98 and 102 by 2008, PCs. 6, 17, 19, 80, 92 and 93 of the 2009 PCs. 15, 41, 50, 54 and 87 from 2010, PC. 19, 35, 54 and 80 by 2011. 29, 32, 38, 45 and 47 by 2012.) make the following changes and additions:

1. In art. 98, para. 3 the words "law of limiting the harmful impact of waste on the environment" shall be replaced by ' the law on waste management ".

2. In art. 142, para. 5 creating item 9: "9. the requirements for selective separation of waste generated during construction works and demolition activities to ensure their subsequent recovery, including recycling, and achieving the relevant quantitative targets for recovery and recycling. "

3. In art. 148 al. 9 shall be replaced by the following: "(9) in the construction permit shall be entered:

1. all the factual and legal grounds for its issue;

2. the conditions relating to the performance of the work, including recovery of humusniâ ground layer;

3. the measures for the selective separation of waste generated during construction works and demolition activities and ensure their subsequent recovery, including recycling, and 4. removal of buildings without a mode of construction or preserve them for a limited period, until the completion of the work. "

4. In art. 178, para. 3:

a) in item 5, the words "article. 71 (a) ' shall be replaced by "art. 60 ";

(b) shall be so) 6:

"6. it is not authorised or registration document for activities with waste, where such is required by the order of art. 67 and 78 of the Act on waste management. "

5. In art. 196, para. 3 creating the third sentence: "the removal of the works is carried out after approval of the plan for the management of construction and demolition waste under art. 11 of the Act on waste management. "

6. In art. 197, para. 1, after the words "the Agency of Geodesy, cartography and cadastre" "is added and after approval of the plan for the management of construction and demolition waste under art. 11 of the Act on waste management ".

7. In paragraph 5 of the additional provisions that 35 is amended as follows:

"35." waste treatment "means recovery or disposal operations, including preparation prior to recovery or disposal."

§ 24. In the law for local taxes and fees (published, SG. 117 of 1997; amend., SG. 71, 83, 105 and 153 of 1998 No. 103 of 1999, no. 34 and 102 of 2000, 109/2001, no. 28, 45, 56 and 119 in 2002 and 84/112 since 2003, issue 6, 11, 36 70 and 106 in 2004, PCs. 87, 94, 100, 103 and 105 of 2005, St. 30, 36 and 105, 2006, issue. 55 and 110 since 2007, PCs. 70 and 105 of 2008, PCs. 12, 19, 41 and 95 of 2009, PCs. 98 of 2010 and PC. 19, 28, 31, 35 and 39 of 2011; Decision No. 5 of the Constitutional Court by 2012 – PCs. 30 by 2012.) in art. 66, para. 1 make the following amendments and additions:

1. In paragraph 2, after the word "collecting" a comma and add "including split" and the word "disposal" is replaced by "treatment".

2. In paragraph 3 the words "art. 71 and 71 's "shall be replaced by" art. 60 and 64.

§ 25. In the law on limitation of administrative regulation and administrative control over the business (edu., SG. 55 by 2003, Corr; No. 59 of 2003; amend., 107/2003/39 and 52 of 2004 No. 31 and 87 by 2005, issue 24, 38 and 59 from 2006, no. 11 and 41 since 2007. , PC. 16 of 2008, PCs. 23, 36, 44 and 87 from 2009, PCs. 25, 59, 73 and 77 by 2010, PC. 39 and 92 from 2011, issue. 26 from 2012) in the annex to article 2. 9, para. 1.2 p. 27 is repealed.

§ 26. In the Clean Air Act (promulgated, SG. 45 1996; Corr. 49/1996; amend., SG. 85 of 1997, no. 27 of 2000 102/2001, no. 91 of 2002, 112/2003 No. 95 2005 No. 99 and 102 in 2006, no. 86 of 2007. , PC. 36 and 52 by 2008, PCs. 6, 82 and 93 from 2009, PCs. 41, 87 and 88 from 2010, PC. 35 and 42 by 2011, issue. 32 and 38 by 2012.) in art. 17, al. 10, paragraph 3, the words "article. 37 ' shall be replaced by "art. 67. "

§ 27. In the law on the responsibility for the prevention and remediation of environmental damage (official SG. 43 of 2008; amend., SG. 12, 32 and 35 of 2009, 77/98 and 2010/2011 92, no. 14 by 2012) in annex No. 1 to the art. 3, item 1 in 9, the words "section V" shall be replaced by ' title IV ".

§ 28. In the law on maritime space, inland waterways and ports of the Republic of Bulgaria (promulgated, SG. 12 from 2000; amend., 111/2001, no. 24 and 70 by 2004, no. 11 of 2005; Decision of the Constitutional Court No. 5 of 2005 – No. 45 of 2005; amend., no. 87, 88, 94, 102 and 104 from 2005. , PC. 30, 36, 43, 65, 99 and 108 of 2006, St. 41, 54 and 109 from 2007, PCs. 67, 71, 98 and 108 of 2008, PCs. 47 and 81 of 2009, PCs. 61 and 88 from 2010, PC. 23 of 2011 and PCs. 32 by 2012.) in § 2 of the additional provisions in item 37 and 38, the words "§ 1, item 1" shall be replaced by the words "§ 1, item 17.

§ 29. The law on technical requirements for products (promulgated, SG. 86 of 1999; amend., SG. 63 and 93 since 2002, no. 18, and 107 since 2003, issue 45, 77, 88, 95 and 105 by 2005, issue 30, 62 and 76 in 2006, and 41/86 of 2007 74/2009 No. 80 by 2010. , PC. 38 by 2011, and St. 38 by 2012.) in § 1, para. 1 of the additional provisions the following modifications are made:

1. In paragraph 22, the words "§ 1, item 17" shall be replaced by the words "§ 1, item 13.

2. In paragraph 23, the words "§ 1, item 1" shall be replaced by the words "§ 1, item 17.

3. In paragraph 24, the words "§ 1, item 4 shall be replaced by" § 1, item 12.

§ 30. The law on road traffic (official SG. 20 of 1999; amend., no. 1 of 2000 and 43/76 of 2002, no. 16 and 22 of 2003, issue 6, 70, 85 and 115 of 2004, no. 79, 92, 99, 102, 103 and 105 by 2005, issue 30, 34, 61, 64, 80, 82, 85 and 102 in 2006. , PC. 22, 51, 53, 97 and 109 from 2007, PCs. 36, 43, 69, 88 and 102 by 2008, PCs. 74, 75, 82 and 93 from 2009, PCs. 54, 98 and 100 by 2010, PC. 10, 19, 39 and 48 by 2011; Decision No. 1 of the Constitutional Court by 2012 – PCs. 20 by 2012; amend., SG. 47 by 2012.) in § 2, para. 1 of the additional provisions § 1, the words ' paragraph 1 ' shall be replaced by ' § 1, item 17.

§ 31. The roads Act (promulgated, SG. 26 of 2000; amend., 88/2000, 111/2001, and 47/118 of 2002, no. 9, 112 since 2003, issue 6 and 14 of 2004, no. 88 and 104 of 2005, no. 30, 36, 64, 102, 105 and 108 of 2006. , PC. 59 since 2007, PCs. 43 and 69 since 2008, PCs. 16, 32, 41, 42, 75, 82 and 93 from 2009, PCs. 87 from 2010, PC. 19, 39, 55 and 99 from 2011, issue. 38, 44 and 47 by 2012.) in art. 28 (b), para. 4, paragraph 4 the words "art. 16 "are replaced by" article. 12. "

§ 32. In the commercial law (promulgated, SG. 48 of 1991; amend., no. 25 of 1992, no. 61 and 103 of 1993, 63/1994, no. 63 of 1995, no. 42, 59, 83, 86 and 104 of 1996, 58/100 and 124 of 1997, no. 21, 39, 52, and 70 of 1998 No. 33 , 42, 64, 81, 90, 103 and 114 in 1999, St. 84. Since the year 2000, PCs. 28, 61 and 96 in 2002, PCs. 19, 31 and 58 from 2003, PCs. 31, 39, 42, 43, 66, 103 and 105 of 2005, St. 38, 59, 80 and 105, 2006, issue. 59, 92 and 104 from 2007, PCs. 50, 67, 70, 100 and 108 of 2008, PCs. 12, 18, 32, 47 and 82 from 2009, PCs. 41 and 101 of 2010, PC. 14, 18 and 34 by 2011.) in art. 614, para. 7 the words "art. 71A, al. 1 "shall be replaced by" art. 60, para. 2. "

§ 33. In the Environmental Protection Act (promulgated, SG. 91 of 2002; Corr. 98/2002; amend., 86/2003, no. 70, 74, 77, 88, 95 and 105 by 2005, issue 30, 65, 82, 99, 102 and 105 of 2006, issue 31, 41 and 89 of 2007, issue 36, 52 and 105 of 2008. , PC. 12, 19, 32, 35, 47, 82, 93 and 103 of 2009, PCs. 46 and 61 from 2010, PC. 35 and 42 by 2011, issue. 32 and 38 by 2012.) make the following amendments and supplements: 1. In art. 93 Al is created. 7:

(7) a decision is deemed not to be carried out EIA, loses legal effect if, within five years from the date of issue, has not begun implementation of the investment proposal, which shall be established by checking the inspection bodies in the environment. "

2. In art. 118, para. 4 item 1 shall be amended as follows:

"1. in art. 67 in conjunction with art. 35 of the law on waste management; ".

3. In art. 131 m:

(a)) in the Al. 1, after the words "the Kyoto Protocol" and "be added to projects generating voluntary reductions of greenhouse gas emissions";

(b)) in the Al. 2 in the text before paragraph 1, after the words "certified" is added "and voluntary emission reductions".

4. transitional and final provisions in § 12A:

and the current text) became al. 1;

(b)) is hereby set up al. 2:

"(2) the period referred to in art. 93, para. 7 shall run from the date of entry into force of the opinion or decision under art. 93, para. 2 and 3 and also applies to these opinions or decisions, which are issued before July 1, 2012. "

§ 34. The implementation of this law is entrusted to the Minister of environment and water.

§ 35. The law shall enter into force on the day of its publication in the Official Gazette with the exception of the provisions on:


1. Article 10, para. 3 and 6, art. 11, para. 1, art. 19, para. 5, art. 38, para. 4 and art. 39, para. 3, which shall enter into force two years after the entry into force of the law;

2. Article 33, para. 4 and art. 34, which shall apply from 1 January 2013;

3. Article 49, para. 8, which shall enter into force from 1 January 2015.

The law was adopted by 41-Otto National Assembly on 28 June 2012 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

Annex No 1 to § 1, item 11 of the additional provisions

DISPOSAL ACTIVITIES

D 1 Underground or land disposal (e.g. landfill, etc.).

D 2 land (e.g. biodegradation of liquid or sludgy discards in soils, etc.).

D 3 deep injection (e.g. injection of izpompani waste into wells, salt domes or naturally occurring repositories).

D 4 surface impoundment (e.g. disposal of liquid or sludgy discards into pits, ponds, lagoons, etc.).

D 5 specially constructed landfills (e.g. placement into lined discrete cells which are capped and isolated from one another and the environment, etc.).

D 6 release into a water body except seas/oceans.

D 7 release to seas and oceans including sea bed.

D 8 biological treatment not specified elsewhere in this annex, final compounds or mixtures which are discarded by means of any of the operations numbered D 1 to D 12.

D 9 physico-chemical treatment not specified elsewhere in this annex, final compounds or mixtures which are discarded by means of any of the operations numbered D 1 to D 12 (e.g. evaporation, drying, calcination, etc.).

D 10 incineration Ground.

D 11 incineration at sea (*).

D 12 permanent storage (e.g. storage of containers in a mine, etc.).

D 13 blending or Reclassification prior to submission to any of the operations numbered D 1 to D 12 (**).

D 14 repackaging prior to submission to any of the operations numbered D 1 to D 13.

D 15 Storage pending any of the operations numbered D 1 to D 14 excluding temporary storage of waste at the site of the opening to their collection (***).

(*) This activity is prohibited by EU legislation and international conventions.

(**) In the absence of other appropriate D code this can include preliminary operations prior to disposal including pre-processing such as, inter alia, sorting, crushing, compacting, drying, pelletizing, cutting, conditioning or separating prior to submission to any of the operations numbered D 1 to D 12.

(*) Temporary storage means preliminary storage within the meaning of § 1, item 27 of the additional provisions.

Annex 2 to § 1, item 13 of the additional provisions

RECOVERY OPERATIONS

R 1 Use principally as a fuel or other means to generate energy (*).

R 2 solvent reclamation/regeneration.

R 3 recycling/reclamation of organic substances which are not used as solvents including composting and other biological transformation processes (**).

R 4 recycling/reclamation of metals and metal compounds.

R 5 recycling/reclamation of other inorganic materials (***).

R 6 regeneration of acids or bases.

R 7 recovery of components used for pollution abatement.

R 8 recovery of components from catalysts.

R 9 oil re-refining or other reuses of oil.

R 10 land treatment resulting in improvements to agriculture or the environment.

R 11 Use of wastes obtained as a result of any of the operations numbered R 1 to R 10.

R 12 exchange of wastes for submission to any of the operations numbered R 1 to R 11 (****).

R 13 storage of wastes pending any of the operations numbered R 1 to R 12 excluding temporary storage of waste at the site of the opening to their collection (*****).

(*) This includes incineration plants designed for processing of municipal solid waste only where their energy efficiency is equal to or greater than:

 -0.60 for installations in operation and permitted in accordance with applicable Community legislation before 1 January 2009;

 -0.65 for installations permitted after 31 December 2008, using the following formula:

Energy efficiency = (Ep-(Ef + Ei)/(0.97 h (Ew + Ef) where:

ER is the annual production of energy in the form of heat or electricity; It is calculated by the energy in the form of electricity is multiplied by 2.6, and the energy in the form of heat produced for commercial use multiplied by 1.1 (GJ/year);

Ef – annual energy input to the system from fuels involved in the production of steam (GJ/year);

Ew – annual energy contained in the treated waste calculated using the net calorific value of burning the waste (GJ/year);

Ei – annual imports of energy, excluding Ew and Ef (GJ/year);

0.97 – coefficient of energy losses due to bottom ash and radiation.

This formula applies in accordance with the reference document on best available techniques for waste incineration.

(*) This also includes gazifikaziâ and pyrolysis, as components are used as chemicals.

(*) This includes soil cleaning resulting in recovery of the soil and recycling of inorganic construction materials.

(****) In the absence of other suitable R code this may include preliminary activities prior to recovery including pre-processing such as, inter alia, dismantling, sorting, crushing, compacting, drying, pelletizing, cutting, conditioning, repackaging, separating, blending or reclassification prior to submission to any of the operations numbered R 1 to R 11.

(*****) Temporary storage means preliminary storage within the meaning of § 1, item 27 of the additional provisions.

Annex 3 of § 1, item 12 of the additional provisions, which define PROPERTIES AS HAZARDOUS WASTE

H 1 "explosive" substances and preparations which may explode under the effect of flame or which are more sensitive to shock or friction than dinitrobenzene.

H 2 "oxidizing" substances and preparations which give rise to highly exothermic reaction in contact with other substances, particularly flammable substances.

H 3-A "highly flammable":

 -liquid substances and mixtures which have a flash point below 21 ° c (including extremely flammable liquids);

 – substances and mixtures that can be hot and can ignite on contact with air at ambient temperature without additional energy, or

 -solid substances and mixtures which can easily ignite during brief contact with a source of ignition and which continue to burn or to be consumed after removal of the source of ignition, or

 -gaseous substances and preparations which are flammable in air at pressure, or usually

 – substances and mixtures which, in contact with water or damp air, evolve into dangerous quantities of flammable gases.

H 3-b "flammable" liquid substances and mixtures having a flash-point equal to or greater than 21 ° c and equal to or lower than 55 ° c.

H 4 "irritant" non-corrosive substances and preparations which, through immediate, prolonged or repeated contact with skin or mucous membranes may cause inflammation.

H 5 "Harmful" substances and mixtures which when inhaled, swallowed or absorbed through the skin can cause death or acute and chronic damage to health.

H 6 "toxic" substances and mixtures, including very toxic substances and mixtures which when inhaled or ingested or if they penetrate the skin, may cause death or acute and chronic damage to health.

H 7 "Carcinogenic" substances and mixtures which when inhaled, swallowed or absorbed via the skin, may induce cancer or increase the incidence of cancer.

H 8 "Corrosive" substances and mixtures which, in contact with living tissue may destroy them.

H 9 "Infectious" substances containing viable micro-organisms or their toxins which are known or which there is reason to believe that cause disease in humans or other living organisms.

H 10 "Toxic for reproduction" substances and mixtures which when inhaled, swallowed or absorbed through the skin can cause or increase the frequency of non-heritable birth disabilities of offspring and/or damage to the male and female reproductive functions or capacity.

H 11 "Mutagenic" substances and mixtures which when inhaled, swallowed or absorbed through the skin can cause or increase the incidence of inherited genetic defects.

H 12 substances and mixtures to form toxic or very toxic gases in contact with water, air or an acid.

13 H (*) "Sensitizing" substances and preparations which, if they are inhaled or if they penetrate the skin, are capable of eliciting a reaction of Hypersensitization such that on further exposure to the substance or to the mixture, characteristic adverse effects are produced.

(*) Are available as far as testing methods.

H 14 "Ecotoxic" wastes that pose or may pose immediate or delayed risks for one or more components of the environment.

H 15 waste capable by any means, after disposal to form other substances (e.g. leachate) who possess one or more of the properties listed above.

Comments:


1. Give properties of danger as "toxic" and "very toxic", "harmful", "corrosive", "irritant", "carcinogenic", "toxic to reproduction", "mutagenic" and "dangerous for the environment" was made on the basis of the criteria set out in annex 1 to the regulation on the order and manner of classification, packaging and labelling of chemical substances and mixtures (SG. 68 in 2010) or Annex I to Regulation (EC) no 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification , labelling and packaging of substances and mixtures, amending and repealing directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No 1907/2006 (OJ L 353/1 of 31 December 2008).

2. where appropriate, the dangerous mixtures annexes 7 and 8 to the regulation on the order and manner of classification, packaging and labelling of chemical substances and mixtures or Regulation (EC) no 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) 1907/2006.

Test methods

The methods used are described in the Regulation (EC) no 440/2008 of 30 May 2008 laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the registration, evaluation, authorisation and restriction of chemicals (REACH) (OJ L 142/1 of 31 May 2008), as well as in other relevant documents of the European Committee for Standardisation (CEN).

Annex 4 to the art. 50, para. 3, item 2

EXAMPLES OF MEASURES FOR WASTE PREVENTION

Measures that can affect the framework conditions related to the generation of waste:

1. the use of planning measures, or other economic instruments to encourage the efficient use of resources.

2. the promotion of research and development in the field of the cleaner and with less waste products and technologies and the dissemination and use of the results of such research and development.

3. the development of effective and meaningful indicators of the environmental pressures associated with the generation of waste, which aims to help prevent the generation of waste at all levels, from product comparisons at Community level and the actions of local authorities to national measures.

Measures that can affect the design and production and distribution:

4. The promotion of eco-design (the systematic integration of environmental aspects in the development of products with the aim of improving the "ecological behavior" of the product throughout its whole life cycle).

5. Providing information on the techniques to prevent the generation of waste in order to facilitate the application of best available techniques by industry.

6. organise training of competent authorities as regards the inclusion of requirements for preventing the generation of waste in the permissions under art. 35, para. 1.

7. the Inclusion of measures to prevent waste production at installations not falling within the scope of annex 4 by the EPA. Where appropriate, these measures may include assessments or plans for preventing the generation of waste.

8. The use of awareness campaigns or the provision of financial support for business decision making or other support. Probably these measures are particularly effective when you are targeted and tailored for small and medium-sized enterprises and are carried out through established business networks.

9. use of voluntary agreements, expert groups of customers/producers or sectoral negotiations in order that the relevant businesses or industrial sectors to draw up their own plans or targets for waste prevention, or to make corrections to your products or packages to be receiving a large amount of waste.

10. The promotion of creditable environmental management systems, including EMAS and ISO 14001.

Measures that can affect the consumption and usage:

11. the use of economic instruments such as incentives for clean purchases or the introduction of obligatory payment by consumers for a given product or element of packaging that would otherwise be provided free of charge.

12. The use of awareness campaigns and information provision directed at the general public as a whole or to specific groups of users.

13. The promotion of creditable eco-labels.

14. Agreements with manufacturers, such as the work of expert groups for the products concerned, in the framework of integrated product policies or with retailers on the availability of information related to waste prevention and to products with less negative impact on the environment.

15. In the context of public and corporate procurement – criteria for the inclusion of environmental protection and waste prevention, calls for tenders and contracts, in accordance with the Handbook on environmental public procurement published by the Commission on 29 October 2004.

16. the promotion of the reuse and/or repair of appropriate discarded products or of their components through the use of educational, economic, logistic or other measures such as the creation or support of accredited centres and networks for repair and reuse especially in densely populated areas.

Annex No. 5 to § 20 of the transitional and final provisions



The-day no





Type of facility





Location of the facility





Operator





Period













1.





Šlamootval





Gr. Devnya, devnya municipality, Varna province





"Polimeri" – Devnya, JSC





31.12.2011 (d).









2.





Sgurošlamootval "Trench"





Padina, Avren municipality, Varna province





"Solvay Sodi" – Devnya, JSC





31.12.2014.









3.





Tailing pond





s. Ezerovo, municipality of Beloslav, Varna province





"TEC Varna" – Ead

s. Ezerovo, municipality of Beloslav





The first section of the slag pond – 01.01.2013.

The second section of the slag pond – 31.12.2014.









4.





Tailing pond





Gr. Svishtov, Svishtov Municipality, Veliko Tarnovo province





"TPP Bulgartabac holding" JSC – Svishtov





The fourth section of the slag pond – 31.12.2014.









5.





Tailing pond





Gr. Gorna oryahovitsa, Gorna Oryahovitsa municipality, Veliko Tarnovo province





"Zaharni zavodi", JSC, Gorna oryahovitsa





31.12.2014.









6.





Tailing pond





Gr. Vidin, Vidin municipality, Vidin province





"Vidahim" JSC, Vidin





The third section of the slag pond – 31.12.2014.









7.





Tailing pond





Gr. Ruse, ruse municipality, ruse district





"Toplofikatsia-ruse" TPP-EAD, ruse-East





The northern sector of the slag pond – 31.12.2014.









8.





Tailing pond "Kudin DOL"





Gr. Pernik, Pernik municipality, Pernik province





"Toplofikatsia Pernik" – Pernik JSC.,





31.12.2014.









9.





Tailing Pond "Kamenik"





s., municipality of Boboshevo Kamenik, kyustendil province





"TPP Bobov Dol" PLC, Golemo Selo, Bobov Dol municipality





One section of the slag pond – 01.01.2013.

The second section of the slag pond – 31.12.2014.









10.





Tailing pond "upper Buc '





Dimitrovgrad, Dimitrovgrad municipality, Haskovo province





"Maritsa 3", JSC, Dimitrovgrad





31.12.2011 (d).

While operating the plant under 20 000 hours during the period from 01.01.2008 to 31.12.2015.









11.






Tailing pond "Galduški meadows"





Dimitrovgrad, Dimitrovgrad municipality, region

Haskovo





"Maritsa 3", JSC, Dimitrovgrad





31.03.2014 (d).

While operating the plant under 20 000 hours during the period from 01.01.2008 to 31.12.2015.











 

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