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Law Amending The Law On The Protection Of The Environment

Original Language Title: Закон за изменение и допълнение на Закона за опазване на околната среда

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Name of law Law amending the law on the protection of the environment Name of Bill a bill amending and supplementing the law on environmental protection acceptance Number 12/04/2012 date/year Official Gazette 32/2012 Decree No 169

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

I DECLARE:

To be published in the Official Gazette the law amending the law on the protection of the environment, adopted by the National Assembly of the HLI 12 April 2012

Issued in Sofia on 20 April 2012

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Diana Kovatcheva

LAW

amending and supplementing the law on environmental protection (official SG. 91 of 2002; Corr. 98/2002; amend., 86/2003, no. 70 by 2004, no. 74, 77, 88, 95 and 105 by 2005, issue 30, 65, 82, 99, 102 and 105 of 2006, issue 31, 41 and 89 in 2007. , PC. 36, 52 and 105 of 2008, PCs. 12, 19, 32, 35, 47, 82, 93 and 103 of 2009, PCs. 46 and 61 from 2010 and PC. 35 and 42 by 2011.)

§ 1. In art. 61, para. 5, item 5, after the words "biodiversity" is added "the law for protection against environmental noise".

§ 2. In art. 62 Al is created. 9:

(9) the procedure for interaction and information exchange between the enterprise and the authorities – administrators of revenues entering the undertaking, with respect to the collection, restoration and control is governed by instruction of the Minister of environment and waters. "

§ 3. In art. 69 a, para. 1, item 2, the words "of the laboratories in the system of the Ministry of environment and water, or ' shall be deleted.

§ 4. In art. 69 b, para. the words "by the laboratories in the system of the Ministry of environment and water, or ' shall be deleted.

§ 5. In art. 69 in, al. 7, after the words "the Minister of environment and waters ' shall be added" or an official authorised by him on the basis of the verification protocol and composed "finding.

§ 6. In art. 82 following amendments and supplements shall be made:

1. Paragraphs 2 to 5 shall be amended as:

"(2) an assessment under art. 81, para. 1. Quarter 2 procedures for the preparation and approval of the investment proposal in accordance with a special law.

(3) when making the investment proposal should be developed and other, related to the main subject matter of the score, auxiliary or supporting activities, they are also included in the required score, whether alone fall within the scope of the applications no 1 or 2. If the auxiliary or supporting activities separately as investment proposals are subject to EIA, all assessments are mutually incompatible, as takes place a unified procedure.

(4) environmental assessment of plans and programmes ends with the opinion or decision of the competent authority under art. 84, para. 1. the opinion or the solution is a must for the subsequent approval of the plan or programme. The authorities responsible for the approval and implementation of the plan or programme shall comply with the opinion or decision and with the objectives set out in these conditions, measures and restrictions.

(5) the assessment of the investment proposals ends with the decision of the competent authority under art. 93, para. 2 or 3 or art. 94, which may contain terms, measures and restrictions, mandatory for the contracting entity. The solution is a must for the approval/authorisation of investment proposal in accordance with a special law. The authority referred to in the approval/authorization shall take into account the nature of the decision takes into account the objectives set out in that Treaty, measures and restrictions, as the solution is an application, an integral part of the administrative act on approval/authorization required for the realisation of the investment proposal.

2. a para. 6:

(6) The EIA procedures or an environmental assessment may be terminated at any stage, where it is established absence of the investment proposal, plan, or program and in the case in the Ordinances under art. 90, para. 1 and art. 101, para. 1. "

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

1. In paragraph 8. 1, after the word "opinion" insert "or decision".

2. paragraph 2 is replaced by the following:

"(2) the opinion or decision referred to in paragraph 1. be issued after carrying out the required procedure and is based on all the documentation produced or refined in the course of the procedure, including taking into account the results of the public consultation. "

§ 8. In art. 85, para. 5, the words "two months" shall be replaced by "30 days".

§ 9. In art. 86 al. 1 shall be amended as follows:

(1) the preparation of the environmental assessment shall be awarded by the sponsor of the plan or programme under the conditions and by the procedure of art. 83. "

§ 10. In art. 88 following amendments and supplements shall be made:

1. Paragraph 1 shall be amended as follows:

(1) Opinion on environmental assessment or decision has been judged not to carry out an environmental assessment must include the rationale for the preferred alternative from the point of view of the environment and the measures under art. 89. In its opinion on environmental assessment or the decision may contain conditions, measures and restrictions, mandatory for implementation. "

2. in the Al. 2, after the word "opinion" insert "or" decision.

§ 11. In art. 90, para. 2 make the following amendments and additions:

1. In paragraph 5, after the words "the contents of" insert "for an understanding of the decision and".

2. Point 7 is replaced by the following:

7. monitoring and control of compliance with the conditions, measures and restrictions laid down in the decision for assessment or in the opinion of the Minister of environment and water, or the Director of the REGIONAL INSPECTORATE, in the process of implementing the plan or programme; ".

3. an item 9:


"9. the content and maintenance of the register with data on environmental assessment procedures as part of the register under art. 102. "

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

1. In paragraph 8. 1 item 5 is repealed.

2. paragraph 2 is replaced by the following:

"(2) the Minister of the environment and waters assessed the necessity of carrying out the EIA on a case by case basis in accordance with the criteria referred to in para. 4 and give a reasoned decision:

1. the cases referred to in para. 1, item 4;

2. all cases of assumptions about the significant impact on the environment within the territory of another country or countries;

3. investment proposals, their extensions or amendments which are located on or directly affect the territory of nature reserves, national parks and reserves – protected areas supported by the order of the law for protected areas;

4. investment proposals, their extensions or amendments which are defined as objects of national importance by an act of the Council of Ministers. "

3. in the Al. the words "under para. 1, item 1 and 2 "shall be replaced by" under para. 1, item 1 – 3 ".

4. a para. 6:

"(6) in the event of a change of the contracting authority, of the parameters of the investment proposal or of any of the circumstances in which the decision has been issued for an understanding of the need for an EIA, the contracting authority or the new employer informed the competent authority on the environment."

§ 13. Article 94 shall be replaced by the following:

"Art. 94. (1) the Minister of environment is the competent authority for a decision on the EIA of investment proposals, extensions or modifications:

1. affecting reserves, national parks and reserves – protected areas supported by the order of the law for protected areas;

2. concerning the territory, controlled by two or more REGIONAL INSPECTORATE;

3. in the case of the assessment of the need to carry out EIA according to art. 93, para. (2);

4. the cases under art. 98, para. 1;

5. which have been identified as sites of national importance by an act of the Council of Ministers;

6. for drilling for exploration and extraction of unconventional hydrocarbons, including shale gas.

(2) the Director of the REGIONAL INSPECTORATE is the competent authority for a decision on the EIA of investment proposals, extensions or modifications to cases outside the Al. 1. "

§ 14. In art. 96 is hereby amended as follows:

1. In paragraph 8. 1 in the text before point 1, the words ' the decision ' shall be replaced by ' quality assessment '.

2. paragraph 6 is replaced by the following:

"(6) the competent authority or an official authorised by him shall assess the quality of the EIA report in accordance with the consultations held under art. 95, para. 3 and the conformity with the requirements of the regulations on the environment within 30 days of the submission of the report. "

§ 15. In art. 99 following amendments and supplements shall be made:

1. In paragraph 8. 5 Add "through its website and in accordance with the law on access to public information."

2. paragraph 9 shall be repealed.

§ 16. In art. 99 and following amendments and supplements shall be made:

1. In paragraph 8. 1 in the text before paragraph 1, after the words "best available techniques" shall be inserted "(BAT)".

2. in the Al. 3 and 4, the words ' best available techniques ' shall be replaced by "BAT".

§ 17. In art. Add 100 "and in the decisions for an understanding of the necessity of carrying out the EIA."

§ 18. In art. 101, para. 2 point 7 and 8 are hereby amended:

"7. the modalities for the implementation of monitoring and control on the implementation of decisions, including the conditions and measures in them;

8. the content and maintenance of the register with data on EIA procedures. "

§ 19. Article 102 shall be replaced by the following:

"Art. 102. The Ministry of environment and water and keep WATER public register data for carrying out the EIA procedures and environmental assessment. Access to the register is via the Internet pages of the Ministry of environment and water and the WATER. "

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

1. Paragraph 1 shall be amended as follows:

' (1) in order to prevent major accidents with dangerous substances and the limitation of their consequences for the lives and health of people and the environment each operator of new or existing plant use and/or stored hazardous substances in quantities exceeding those set out in annex 3, table 1 and/or 3 limit values (undertakings falling within the scope of the requirements of this section) is required to submit a notification to the Minister of environment and water. "

2. Paragraph 3 shall be amended as follows:

"(3) the notification under paragraph 1. 1 shall be made:

1. within one month following the overrun referred to in annex 3, table 1 and/or 2 – limit values for existing enterprises;

2. following the receipt of a visa for design, but not later than 6 months before the filing of an application for consultation and approval of the investment project by the operator pursuant to Chapter 8, section II, of the Act on spatial planning — for new businesses. "

3. a new paragraph. 4:

"(4) in ascertaining the gaps and inconsistencies in the format and content of the notification under paragraph 1. 1 the Minister of environment and water or an official authorised by him within 14 days, notify the operator gives guidelines for the necessary changes and shall set a deadline for the provision of additional information. "

4. The current paragraph. 4 it al. 5 and in paragraph 1 the word "undertakings" shall be replaced by "objects".

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

1. In paragraph 8. 2: a) on the text before point 1, the words ' planning ' shall be deleted;

b) in paragraph 3 the words "new developments" are replaced by "planning of new developments".

2. Paragraph 3 shall be amended as follows:

"(3) in the Al. 2 shall be effected by:

1. issuance of permits under art. 104, para. 1 for the construction and operation of new businesses with high risk potential by the authority under art. 105;


2. review of issued permits for planned substantive changes in establishments with high risk potential, which is licensed under art. 104, para. 1 by the art. 105;

3. coordination of the Minister of environment and waters or from authorised by him, an official of the structural schemes and plans of municipalities whose territories are located establishments falling within the scope of the requirements of this section and by the procedure of art. 121, para. 2 of the law on the territory. "

§ 22. In art. 104 following amendments and supplements shall be made:

1. In paragraph 8. 1 the words "undertaking and/or facility with low risk potential" or "shall be deleted.

2. in the Al. 4, the words "para. 4 "shall be replaced by" para. 5. "

3. in the Al. 5 after the word "operator" is added "of high risk potential.

§ 23. New art. 105:

"Art. 105. the Minister of environment and water or an official authorised by him is the competent authority for the issuance, revision, amendment and revocation of permits under art. 104, para. 1. "

§ 24. Article 106 shall be amended as follows:

"Art. 106. In the authorization under art. 104, para. 1 the Minister of environment and water sets the conditions associated with the construction and operation of the enterprise and/or facility. "

§ 25. New art. 107:

"Art. 107. (1) the operator of an establishment with a low risk potential, develop and implement Policies to prevent major accidents, which should ensure a high level of protection of human life and health and the environment through the planning, development and implementation of appropriate resources, structures and management systems.

(2) the operator shall draw up a report on the major-accident prevention policy, including the common objectives and policy regarding the safe operation of the undertaking, a description of the management system of safety measures and the concrete measures which have been taken in order to reduce the risk of major accidents.

(3) for the purposes of the control referred to in art. 157 and the operator shall submit to the Director of the REGIONAL INSPECTORATE in whose territorial scope, the establishment is located a copy of the report referred to in paragraph 1. 2 within four months of submission of the notification referred to in art. 103, para. 1.

(4) the Director of REGIONAL INSPECTORATE shall forward an electronic copy of the report referred to in paragraph 1. 2 the inspection bodies under art. 157 a, para. 2 within 10 days after receipt of the request.

(5) the form and content of the report on the major-accident prevention policy are determined by the Ordinance under art. 104, para. 6. "

§ 26. In art. Al-108. 1 shall be amended as follows:

"(1) for the issue of a permit under art. 104, para. 1 the operator of an establishment with a high risk potential, submitted to the Minister of environment and water application within 7 months after submission of the notification referred to in art. 103, para. 1. "

§ 27. Article 110 is replaced by the following:

"Art. 110. (1) an application under art. 108, para. 1 the operator of an establishment with a high risk potential, apply:

1. the safety report;

2. the emergency plan of the enterprise and/or facility;

3. a document for paid fee under art. 71.

(2) where the operator of an establishment with a high risk potential on the basis of decision 98/433/EC of 26 June 1998 on harmonised criteria for dispensations according to art. 9 of Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances, found that certain hazardous substances in an enterprise or in parts of it may give rise to a major accident, it may ask the Minister of environment and water, or by an official authorized by him the information in the safety report to be restricted to the prevention of major-accident hazards and limiting the consequences of for man and the environment arising from other dangerous substances present in the establishment or in parts of it.

(3) the form and content of the documents referred to in para. 1 shall be determined by the Ordinance under art. 104, para. 6.

(4) the operator of an establishment with a high risk potential may request from the Minister of environment and water, or by an official authorized by him a portion of the information in the documents referred to in para. 1 to be declared confidential, when it represents a manufacturing or commercial secret.

(5) where the information under para. 1 represents the State or professional secrecy or contains personal data, shall apply the provisions of the law on the protection of classified information, according to the law on the protection of personal data.

(6) in the cases referred to in para. 2 or 4, the Minister of environment and water or an official authorised by him in a 5-day period in writing notify the operator of an establishment with a high risk potential, that his request was partially or fully upheld.

(7) in the cases referred to in para. 6 the operator of an establishment with a high risk potential in 5 days after the notification under paragraph 1. 6 provide the Minister of environment and water or authorised by him an official revised version of the safety report or a revised version of the document, which does not include the information accepted for confidential.

(8) in the cases referred to in para. 2 the Minister of environment and water or an official authorised by him not later than 31 January the European Commission provides a list of the establishments whose request has been partially or completely respected, together with the reasons for it. "

§ 28. In art. 110 and following amendments and supplements shall be made:

1. In paragraph 8. 1, after the word "operator" is added "of high risk potential.

2. paragraph 2 is replaced by the following:


(2) within three days after the expiry of the period referred to in para. 1 for inspection of documents or for the removal of the inconsistencies and incompleteness, the Minister of environment and water or an official authorised by him shall send the documents referred to in art. 110, for opinion, to the Minister of the Interior, the Executive Director of the Executive Agency "General Labour Inspectorate", Mayor of the municipality or to authorized officials and from them to the Director of the REGIONAL INSPECTORATE in whose territory is situated the establishment and/or facility. "

3. in the Al. 3, after the word "operator" is added "of high risk potential.

4. Paragraph 6 is replaced by the following:

"(6) where, on the basis of an opinion under paragraph 2. 2 it is established that the documents specified in art. 110 the operator of enterprise with high risk potential has not provided the necessary measures for preventing major accidents and limiting their consequences, within 10 days of the expiry of the period referred to in para. 4 the Minister of environment and water or an official authorised by him shall set a deadline for the removal of discrepancies and shortcomings. "

§ 29. In art. 111, para. 3 the words "para. 8 "are replaced by" para. 7. "

§ 30. (A) article 112 is amended as follows:

"Art. 112. (1) the Minister of the environment and water or an official authorised by him within 7 days from the date of issue of the permit referred to in art. 104, para. 1 notify the operator of an enterprise with high risk potential and the authorities under art. 110 (a), para. 2.

(2) an authorization under art. 104, para. 1 shall be made through the website of the Ministry of environment and water, and through the Central daily newspaper within 14 days from the date of issue. "

§ 31. In art. 113 the words "art. 112a, paragraph 2 "shall be replaced by" art. 112a, al. 2. "

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

"Art. 115. the operator of a business enterprise, classified as a low risk potential or high risk potential, is obliged to:

1. take all measures necessary to prevent major accidents with dangerous substances and the limitation of their consequences for the lives and health of people and the environment;

2. shall inform the Minister of environment and water or authorised by him, officer and Director of the REGIONAL INSPECTORATE for planned substantive amendment of the establishment and/or facility. "

§ 33. In art. 116 al. 1 shall be amended as follows:

' (1) in the event of a major accident, the operator of a business enterprise, classified as a low risk potential or high risk potential, immediately notify the appropriate operational communications and information center, and the Mayor of the municipality immediately threatened according to the requirements of the disaster protection act. "

§ 34. In art. 116 and following amendments and supplements shall be made:

1. In paragraph 8. 1:

a) in paragraph 2, the words "article. 110, para. 2, item 1 "shall be replaced by" art. 110, para. 1.1 ', and the words "art. 110, para. 8 "are replaced by" article. 110, para. 7 ";

b) in paragraph 3 the words "art. 110, para. 5 ' shall be replaced by "art. 110, para. 4. "

2. in the Al. 2 and 3, after the word "Operator" is added "of high risk potential", and the words "art. 110, para. 6 ' shall be replaced by "art. 110, para. 5. "

§ 35. Article 116 (b) shall be replaced by the following:

"Art. 116 (b). (1) upon changes in the planned venture with high risk potential, the operator shall submit to the Minister of environment and water notification at the earliest possible time, but no later than four months before the intended date of implementation of the changes.

(2) the form and content of the notification under paragraph 1. 1 shall be determined by the Ordinance under art. 104, para. 6.

(3) in the case of significant changes in planned undertaking with a low risk potential operator of an establishment with a low risk potential reviewed and where necessary updated reports on the major-accident prevention policy, not later than one month after the implementation of the changes.

(4) When you don't have an update of the documents referred to in para. 3, the operator of an establishment with a low risk potential Protocol with justification within the period under paragraph 1. 3 and when checking provides the Protocol to the Commission under art. 157.

(5) the operator submits a new notification by the order and the manner of art. 103 when an enterprise will be classified as a high risk potential as a result of alterations in the Al. 3, related to the increase in the quantities of hazardous substances in the enterprise. "

§ 36. In art. 116 the following amendments and supplements shall be made:

1. Paragraphs 1-3 shall be read with the following adaptations:

(1) the operator of an establishment with a high risk potential reviewed and where necessary updated safety report under art. 110, para. 1.1:

1. every five years;

2. on its own initiative or at the request of the Minister of environment and water, or by an official authorized by him – in the presence of new data or scientific information related to the safe operation of the enterprise and/or facility.

(2) the operator of an establishment with a high risk potential, reviewed and where necessary updated emergency plan under art. 110, para. 1, item 2:

1. at suitable intervals, not more than three years;

2. on its own initiative or at the request of the Minister of environment and water, or by an official authorized by him, when there are no new scientific data or information relating to safety measures in the establishment and/or facility.

(3) where the operator of an establishment with a high risk potential updated documents under para. 1 and/or 2, it shall notify the Minister of environment and water at the earliest possible time, but not later than one month after the update. "

2. Create a new para. 4 and al. 5:


(4) notification under paragraph 1. 3 the operator of an establishment with a high risk potential, apply the updated documents in the Al. 1 and/or 2.

(5) When you don't have an update of the documents referred to in para. 1 and/or 2, the operator of an establishment with a high risk potential document data and circumstances within one month after the time limits referred to in para. 1 and/or 2 and while checking provides these documents of the Commission under art. 157. "

3. The current paragraph. 4 it al. 6 and the word "application" is replaced by "notification", and the words "and the documents referred to in para. 1 and 2 "shall be deleted.

§ 37. Article 116 (d) shall be replaced by the following:

"Art. 116. (1) in the cases under art. 116 (b), para. 1 and art. 116 in, al. 3 the Minister of environment and waters assessed the need for review and subsequent amendment of authorisation under art. 104 and notify the operator of an establishment with a high risk potential.

(2) in the cases referred to in para. 1, when it is necessary to review and subsequent amendment of authorization under art. 104, the operator of an establishment with a high risk potential, shall submit an application for review and subsequent amendment of authorization under art. 104 to the Minister of environment and water or an official authorised by him.

(3) an application under subsection. 2 the operator of an establishment with a high risk potential, apply the updated documents under art. 116 in, al. 1 and/or 2.

(4) the form and content of the request under paragraph 1. 2 and the documents referred to in para. 3 shall be determined by the Ordinance under art. 104, para. 6.

(5) the Minister of the environment and water or authorised by him shall review the official authorisation by the procedure of art. 110 and 111.

§ 38. Article 116 shall be replaced by the following: e ' art. 116 (1) in the cases under art. 116 (d), the Minister of environment and water or authorised by him, an official with the amended decision or leave in place authorisation within one month after the expiry of the time limit under art. 110 (a), para. 4 or from getting corrected and supplemented documents under art. 110 (a), para. 6. (2) the Minister of the environment and water or an official authorised by him within 7 days from the date of issue of the decision on para. 1 notify the operator and the authorities under art. 110a, al. 2.

(3) the decision on para. 1 shall be made through the Central daily newspaper within 14 days from the date of issue. "

§ 39. In art. 116 is the following amendments and supplements shall be made:

1. Paragraph 2 shall be replaced by the following:

"(2) the Minister of the environment or a person authorised by him within 7 days from the date of issue of the decision on para. 1 notify the operator and the authorities under art. 110a, al. 2. "

2. a para. 3:

"(3) the decision on para. 1 shall be made through the Central daily newspaper within 14 days from the date of issue. "

§ 40. In art. 116 (g), the words "article. 116 e, para. 2 "are replaced by" article. 116 e, para. 1 "and the words" art. 116 e, para. 3, item 2 and art. 116, para. 2, paragraph 2 "shall be replaced by" art. 116 e, para. 2 and 3 and article. 116, para. 2 and 3 ".

§ 41. In art. 116 (h) is hereby amended as follows:

1. In paragraph 8. 1 the words "art. 110, para. 2 "are replaced by" article. 107, para. 2 and art. 110, para. 1. "

2. in the Al. 2, item 2, the words "article. 110, para. 2 "are replaced by" article. 107, para. 2 and art. 110, para. 1. "

§ 42. And article 116 shall be replaced by the following:

"Art. 116. (1) the Minister of environment and waters is a competent authority within the meaning of art. 16 of Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances.

(2) the Minister of the environment and waters shall notify the potentially affected parties when undertaking with high risk potential there is a risk of a major accident with transboundary effects in accordance with the requirements of the Convention on the transboundary effects of industrial accidents, signed on 17 March 1992 in Helsinki (ratified by law – SG. 28 of 1995).

(3) the Minister of the environment and water, Minister of labour and Social Affairs and the Minister of the Interior within the framework of its competence issued joint guidelines for the conduct of supervision on the implementation of this section and the regulations for its implementation. "

§ 43. In art. 117 al. 3, 5 and 6 are repealed.

§ 44. In art. 118 following amendments and supplements shall be made:

1. Paragraph 3 is replaced by the following: "(3) in the cases referred to in para. 2:

1. integrated permit is required for the introduction of the installations and equipment in operation;

2. the granting of complex permit requirements for the issuance and receipt of permits, licenses, expertise and assessments in accordance with the legislation in force. "

2. a para. 4:

"(4) in the cases referred to in para. 1 and for existing installations to the filing of an application for an IPPC permit or the presence of a complex permit shall revoke the requirements and obtain the following authorizations, permits, licenses, expertise and assessments:

1. under art. 37 in connection with art. 12 of the law on waste management;

2. under art. 46, para. 1, item 1, letter "e" and item 3 of the law on water. "

§ 45. In art. 119, para. 2, item 5, the words "article. 123, para. 1, item 3 "shall be replaced by" art. 123, para. 1, item 4 and 7 ", and the words" art. 128 ' are replaced by ' art. 120, para. 5. "

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

1. In paragraph 8. 1, after the word "issue" is added "Cancel".

2. Paragraphs 2-5 are hereby amended:

"(2) when issuing an IPPC permit for a new installation or a change in operating installation, subject to the requirements of chapter six, section III, the competent authority referred to in paragraph 1. 1 provides the use of any information obtained and concluded by the EIA.

(3) the Ministry of environment and water monitor the development of the BAT, as well as the publication of a new or updated bat conclusions and provides this information to the public concerned and to the competent authority under paragraph 1. 1.


(4) the Minister of the environment and waters offers measures to promote the development and application of new techniques, in particular to those described in the BAT reference documents, where this is necessary for the purposes of environment.

(5) Monitoring of the implementation of the conditions in the permit issued under art. 117 shall be carried out by the relevant REGIONAL INSPECTORATE. "

§ 47. Article 121 is amended as follows:

"Art. 121. In the operation of the installations and facilities the operator control:

1. the implementation of all appropriate measures for the prevention of pollution by applying BAT;

2. the implementation of the environmental management system;

3. Prevention of pollution of the environment in accordance with emission limit values and norms/standards of quality of the environment;

4. the prevention of waste production; treatment of generated waste is carried out in the following priority order: preparing for re-use, recycling, recovery or, where that is technically and economically impossible, disposal, while avoiding or reducing their impact on the environment;

5. efficient use of energy;

6. the application of the necessary measures for the prevention of industrial accidents and limit their consequences;

7. the adoption of appropriate measures to avoid possible risks of pollution;

8. upon definitive cessation of activities in the annex No. 4 operator:

a) assesses the State of contamination of soil and groundwater with dangerous substances used, produced or emitted from the installation;

(b)) in the event that the installation has caused considerable contamination of soil and groundwater with dangerous substances referred to in (a) in comparison with the condition set out in the report for the base state, shall take the necessary measures to remedy the pollution to return soil and/or groundwater to base state;

in) in the implementation of the measures referred to in point (b) shall take into account their technical feasibility;

d) in the case of a significant risk to human health and the environment caused by activities under annex 4, in accordance with the report on the basic condition under art. 122, para. 2, item 12 is taking action to remove, control, restriction or reduction of hazardous substances so that, given its "site characterization in accordance with art. 122, para. 2, item 4, and approved its future purpose, represents more risk;

(e) perform the action) letter "d" and where from it does not require the preparation of a report on the basic condition. "

§ 48. In art. 122 following amendments and supplements shall be made:

1. Paragraph 2 shall be replaced by the following:

"(2) the request under paragraph 1. 1 includes a description of:

1. the installation, the activities carried out or will be carried out in it, the different operating modes, including a description of the main alternatives to the proposed technologies, techniques and measures, if any;

2. the raw materials, materials and substances (including subsidiary);

3. the water used and the used and/or generated energy;

4. the characteristics of the site on which the installation is situated;

5. sources of emissions; the type and quantity of expected emissions from the installation of the various components under art. 4 and factors referred to in art. 5, as well as the determination of significant environmental impacts;

6. evidence for the application of BAT, including: a) the circumstances under art. 123 a, para. 3;

b) circumstances under art. 123 a, para. 5;

in the presence of circumstances) under art. 123, para. 4 or 5;

7. the proposed technology and other techniques for preventing or, where this is impossible – for reducing emissions from the installation;

8. the measures for preventing, preparing for re-use, recycling, recovery and/or disposal of the waste generated by the installation;

9. further measures planned to comply with the General principles governing the basic obligations of the operator under art. 121;

10. the monitoring of emissions of harmful substances into the environment;

11. used, produced or release dangerous chemicals, contaminants of soil and groundwater; results of a systematic evaluation of the risk of contamination of soil and/or groundwater, in the event that offers a different frequency of monitoring than that specified in art. 123, para. 1, item 7;

12. report on the basic condition, in case that the substances are available under item 11, containing information:

and the possibility of reporting) contamination of soil and groundwater at the site of the installation;

b) sufficient for quantitative comparison between the current contamination of soil and groundwater and soil in the final cessation of activities;

for this purpose) and the previous use of the site;

(d)) to carried out, including new, measurements of soil and groundwater, reflecting the situation at the time of preparation of the report, taking into account the possibility of contamination of soil and groundwater with dangerous substances, which will be used, produced or emitted from the installation concerned;

(e) any other information), meets the requirements of the letters "a" – "(d)". "

2. Al are created. 4-6:

"(4) in cases of substantial change:

1. the application for IPPC permit-contains information about the parts of an installation covered by the change; the information is provided in the scope of para. (2);


2. the decision of the competent authority under art. 120, para. 1 reflects the proposed change in the operation of the installation.

(5) upon preparation of the application, the operator may use the information supplied to the competent authority in pursuance of the provisions of Chapter vi and section I of this chapter.

(6) the report on the basic State of Pará. 2, 12 shall be made only upon delivery or when updating the complex permit for playground for which such report is not prepared. "

§ 49. In art. 122 and following amendments and supplements shall be made:

1. In paragraph 8. 1 and 2, the words "article. 120, para. 1 and 2 "shall be replaced by" art. 120, para. 1. "

2. in the Al. 3 Add "of the notification."

3. in the Al. 4, the words "article. 120, para. 1 and 2 refuses to issue ' shall be replaced by "art. 120, para. 1 by a decision shall terminate the examination of the application for the issue of ".

4. in the Al. 5, the words "article. 120, para. 1 and 2 "shall be replaced by" art. 120, para. 1 starting procedure of IPPC permit, which shall notify the operator in writing, and ".

5. in the Al. 6, 7 and 8, the words "article. 120, para. 1 and 2 "shall be replaced by" art. 120, para. 1. "

§ 50. Article 123 shall be replaced by the following:

"Art. 123. (1) a complex authorization under art. 117 contains: 1. emission limit values for substances in annex 8 and of other substances that may be emitted from the installation concerned in significant quantities: a) when determining the emission limit values taking into account the properties of the substances and the ability to transfer pollution from one part of the environment in another;

b) emission limit values may be supplemented or replaced by equivalent parameters or technical measures, ensuring an equivalent level of protection of the environment;

2. the conditions applicable to the protection of soil and groundwater;

3. the conditions applicable to monitoring and management of waste generated by the installation;

4. the conditions for monitoring of emissions: a) defining the test method minimum frequency and procedure for evaluation;

(b)) when applying the requirements of art. 123 a, para. 1, item 2, proving that the emission monitoring results are available for the same periods and under the same reference conditions as those for emission levels referred to in the conclusions of the BAT, adopted by a decision of the European Commission;

c) based on the conclusions of the BAT, adopted by decision of the European Commission unless they conflict with national regulations on the environment;

5. conditions for granting supervisory authority at least once a year: a) the information on the results of monitoring of emissions under item 4 and other data necessary for the verification of compliance with the conditions of the authorization;

(b)) when applied to art. 123 a, para. 1, item 2, of information on the results of monitoring of emissions, enough for comparison with the emission levels laid down in the conclusions for the BAT, adopted by decision of the European Commission;

6. the conditions to ensure the implementation of the measures referred to in paragraph 2 and the results of monitoring their implementation;

7. the conditions for periodic monitoring of soil and groundwater in accordance with the relevant dangerous substances which may be found on the site, as well as the likelihood of contamination of soil and groundwater at the site, which is located on the installation; the minimum frequency of monitoring for groundwater is once every 5 years, and for soils – 10 years; Another frequency may be justified by the operator on the basis of a systematic evaluation of the risk of pollution;

8. the conditions for taking action – when a deviation from normal operational conditions, including starting and stopping of the installation, unauthorized leakage of fluids or gases, failures or accidents, sudden stoppages and definitive cessation of operations;

9. conditions to minimise pollution of the long-distance or transboundary pollution;

10. the conditions for assessing compliance with the emission limit values referred to in paragraph 1 or with other conditions for emission control;

11. detailed rules for the implementation of art. 121, item 8;

12. detailed rules for the implementation of art. 123 a, para. 5-if necessary;

13. the conditions for the implementation of art. 125, para. 2 and 3.

(2) the competent authority under art. 120, para. 1 defines the conditions of the permit, having regard to the conclusions of the BAT.

(3) where necessary, the competent authority shall place more stringent values of indicators describing the technique than those laid down in the conclusions for the BAT.

(4) the competent authority under art. 120, para. 1 place the conditions in the permit, taking into account the BAT, according to the criteria laid down in the Ordinance under art. 119 after prior consultation with the operator, in cases where:

1. an activity or production process carried out in the installation are not included in any of the conclusions on the BAT, or 2. applicable findings do not apply to all possible impacts from this activity or process on the environment.

(5) the competent authority under art. 120, para. 1 can place conditions on the complex permit and on the basis of the BAT, which is not described in any appropriate conclusion on the BAT, in the event that: 1. the technique is determined in accordance with the criteria for BAT in the Ordinance under art. 119;

2. the requirements of paragraphs 1 and 2. 7, 8 and 9 and art. 123 a, para. 1, 3, 4 and 5 are complied with;

3. the terms of the Bill of a permit is secured level of environmental protection equivalent to the contribution by BAT described in conclusions about BAT – in cases where the conclusions do not contain BAT emission levels.


(6) the conditions in the Bill authorization for activities falling within the scope of paragraph 6.6 of annex 4, the competent authority shall apply the provisions of the regulatory framework for animal welfare.

(7) the emission limit values shall apply to the emissions of noxious and hazardous substances at the point of their release from their installation and in determining any dilution prior to that point must be excluded.

(8) in determining the emission standards for discharges of waste water into the sewer system shall take into account the presence of wastewater treatment plant for waste water treatment, in the event that ensures an equivalent level of protection for the environment as a whole and does not lead to higher levels of contaminants in the environment.

(9) rules and the measures under paragraph 1. 1, item 1 for installations and facilities referred to in annex 4 are based on the application of BAT, without prescribing the use of a particular technique or technology.

(10) the rules referred to in paragraph 1. 1, point 1 may not be higher than the reference emission limit values.

(11) the competent authority under art. 120, para. 1 can I put in the licence, if necessary, further more stringent measures for compliance with the norms/standards of quality of the environment than those achievable through the application of BAT. When this does not affect the operation of measures designed to achieve compliance with other standards/environmental quality standards.

(12) in the Bill permit does not include emission limit values for greenhouse gases, unless it is necessary to ensure that there are no damaging air quality. "

§ 51. Create art. 123 and 123 (b):

"Art. 123. (1) the emission standards under art. 123, para. 1 item 1, under normal conditions of use: 1. do not exceed the emission levels laid down in the conclusions for the BAT, adopted by decision of the European Commission; These emission standards apply for the same or for shorter periods of time and on the same conditions as the reference the emission levels laid down in the decisions, or 2. differ from the levels referred to in paragraph 1, but shall ensure that the emission with emission levels laid down in the conclusions for the BAT, adopted by decision of the European Commission.

(2) conformity in the Al. 1, item 2 is ensured by carrying out monitoring and evaluation of the results of the inspection body naj–malko once a year.

(3) paragraph 1 shall not apply in the event that the cost of its implementation cannot be justified with environmental benefit because:

1. the geographic location of the installation;

2. the characteristics of the environment in the vicinity of the site;

3. technical characteristics of the installation.

(4) in the cases referred to in para. 3 emission standards should not lead to significant pollution of the environment and the need to ensure the achievement of a high level of environmental protection.

(5) the competent authority under art. 120, para. 1 may authorize not to apply the provisions of paragraph 6. 1 and 2, art. 121, paragraph 1 and article. 123, para. 9 when testing and application of new techniques for total up to nine months. After the expiration of the period specified in the permit application of the technique is terminated or the emissions from activities shall comply with the emission levels in accordance with the BAT.

Art. 123 (b) (1) Simultaneously with the preparation of the draft IPPC permit, the competent authority referred to in art. 120, para. 1 draw up a technical assessment, in justifying the conditions applicable in complex authorization. The technical evaluation shall include: 1. the grounds on which the decision is based;

2. the results of the consultation before making the decision, and an explanation of the manner in which are taken into account;

3. the title of the reference documents and conclusions applicable to bat and the installation or activity;

4. the reasons for determining permit conditions, including emission limit values in relation to BAT and emission levels associated with them;

5. in the application of art. 123 a, para. 3 – the specific reasons for the application on the basis of the criteria and conditions of the same provision.

(2) in the cases under art. 123, para. 4 and 5 in the technical assessment, the competent authority referred to in art. 120, para. 1 describes the evidence of their applicability.

(3) in the cases under art. 123 a, para. 3 in the technical assessment, the competent authority referred to in art. 120, para. 1 describes the evidence of relevance. "

§ 52. Article 124 shall be replaced by the following:

"Art. 124. (1) a Complex authorization under art. 117 are open-ended, except in cases where the law on environment provides specific deadlines for ending the operation of installations.

(2) the competent authority under art. 120, para. 1 review the permit when: 1. because of the significant pollution caused by the installation of environmental change is required in the authorization of the emission limitations or include in the terms of authorisation of new emission limits;

2. the operator is planning changes in the operation of the installation;

3. the conclusion is not available for BAT, but development of the BAT allows a significant reduction in emissions;

4. There has been a change in the requirements for the operational safety of the plant, requiring the use of other techniques;

5. There have been changes in legislation on the environment;

6. conclusion is published for BAT, adopted by a decision of the European Commission, related to the main activity of an installation.


(3) upon the review of the authorization under paragraph 1. 2 the competent authority shall assess the need for amendment of the authorisation conditions – in the cases referred to in para. 2, item 1, or by updating it – in the cases referred to in para. 2, item 2 – 5.

(4) in cases where the operator ceases activity in annex No 4 or a part thereof, as a result of the site for which the permit is issued, the Bill is not available within the scope of application installations for which it is necessary to issue the IPPC permit, the competent authority referred to in art. 120, para. 1 revoke the decision to issue an IPPC permit.

(5) the review under para. 2, item 6 and subsequent update:

1. be made to the four years of the publication of the decision of the European Commission;

2. ensure compliance with the requirements of this chapter;

3. taking into account all the new or updated conclusions, adopted by a decision of the European Commission after issuance of the permit or its last updated and applicable to the installation.

(6) the updated conditions of licence in relation to par. 2, item 6 shall be performed by the operator within four years from the publication of the decision of the European Commission.

(7) when reviewing the competent authority shall use any information available, including as a result of the own monitoring or control.

(8) when updating, when applied to art. 123 a, para. 3, or if modified in conjunction with para. 2, item 1 of the IPPC permit the competent authority shall ensure that the persons concerned have access to the project for the updating, amendment, respectively, by the order of art. 122 (a), para. 5. "

§ 53. Article 125 shall be replaced by the following:

"Art. 125. (1) the operator of an installation shall be obliged to:

1. inform the Minister of environment and water and the competent authority under art. 120, para. 1 for each planned change in the operation of the installation;

2. the conditions in the Bill authorization;

3. prepare and implement a coherent plan for own monitoring in accordance with the conditions laid down in the Bill of an authorization;

4. regularly inform the controller of the results of monitoring and shall inform it without delay of any incident or accident with a significant negative impact on the environment;

5. ensure that the representatives of the controller with all necessary inspections of the sampling and the collection of the information necessary for the performance of their duties under the law;

6. prepare and submit to the controller an annual report on the implementation of the activities for which it has provided complex permit.

(2) if the conditions of the permit: 1. the operator shall immediately inform the supervisory authority;

2. shall take without delay the necessary measures provides consistency recovery as soon as possible;

3. perform all additional measures to restore the conformity required by the control authority;

4. stop the operation of the installation to restore conformity in cases where the breach creates an immediate danger to human health or a threat to the immediate significant negative environmental impact.

(3) in the event of incidents or accidents with significant negative impact on the environment, the operator shall take the action under paragraph 1. 2 for the mitigation and prevention of possible subsequent incidents or accidents. "

§ 54. New art. 126: "art. 126. (1) within one month of receipt of the information referred to in art. 125, para. 1, item 1, the Minister of environment and waters assessed the existence of a material change and inform the operator about the need for the issue of a new permit in accordance with art. 117, para. 2.

(2) in the cases under art. 124, para. 2 the Minister of environment and water requires the operator to the competent authority referred to in art. 120, para. within the time limit referred to in paragraph 1. 1 information and defines its scope, including: 1. a description of the change;

2. the results of monitoring of emissions;

3. report on the basic condition in accordance with art. 122, para. 2, s. 12;

4. evidence for the application of BAT, including a comparison between the selected equipment and relevant conclusions, including BAT emission levels determined with them;

5. evidence of the circumstances under art. 123 a, para. 3, in the event that the operator does not plan the implementation of art. 123 a, para. 1. (3) within one month of the submission of information under para. 2 the competent authority under art. 120, para. 1 review the complex permit and shall decide on the need for updating.

(4) within one month of the completion of the review under para. 3 the competent authority under art. 120, para. 1 update the complex permit if necessary. "

§ 55. In art. 127, Pará. 1, after the word "discloses" added "by the competent authority under art. 120, para. 1. "

§ 56. Article 128 shall be repealed.

§ 57. In art. 129 following amendments and supplements shall be made:

1. a new paragraph. 2:

"(2) the register referred to in paragraph 1 shall contain: 1. a copy of the decision;

2. a copy of the authorisation;

3. current technical assessment;

4. data regarding the entry into force of the decision;

5. information on the measures taken by the operator under art. 121, item 8.

2. The current paragraph. 2 it al. 3 and shall be amended as follows:

"(3) the data referred to in para. 2, item 1-4 shall be granted by the competent authority under art. 120, para. 1. "

3. Al are created. 4 and 5:

"(4) the Executive Environment Agency maintain a public register on its website the results of monitoring of emissions, provided for in the integrated permits.


(5) the supervisory authorities under art. 120, para. 5 provide the Executive Environment Agency information under para. 4 electronic. "

§ 58. Articles 130 and 131 are hereby repealed.

§ 59. In art. 131 in the Al. 1 shall be amended as follows:

(1) the operation of the new and the operation of the existing installations for the categories of industrial activities referred to in annex 4, paragraph 1.1, 1.2, 1.3, 2.1, 2.2, 3.1, item (b), point 3.3, 3.5, 6.1, the letters "a" and "b" are permitted after the issue of a greenhouse gas emissions permit. "

§ 60. In art. 131 m al. 3 shall be amended as follows:

"(3) the Minister of the environment and waters recorded in the national register under art. 131 k, al. 1 generated from approved project activities reduced greenhouse gas emission units in accordance with Regulation (EC) no 2216/2004. "

§ 61. In art. 132 al. 2 shall be replaced by the following: "(2) Voluntary commitments under para. 1 apply through: 1. the Community eco-management and audit scheme (EMAS) pursuant to Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) and repealing Regulation (EC) no 761/2001 and of decisions 2001/681/EC and 2006/193/EC (OJ , L 342/1 of 22 December 2009), hereinafter referred to as "Commission Regulation (EC) No 1221/2009 ';

2. the EU eco-label pursuant to Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU ecolabel (OJ, L 27/1 of 30 January 2010), hereinafter referred to as "Commission Regulation (EC) No 66/2010."

§ 62. Article 133 shall be replaced by the following:

"Art. 133. (1) any organization can apply for registration pursuant to chapter II of Regulation (EC) No 1221/2009.

(2) for the registration of organisations under Regulation (EC) No 1221/2009 shall be paid fees on tariff approved by the Council of Ministers. "

§ 63. Article 134 is amended as follows:

"Art. 134. (1) the Minister of the environment and water or an official authorised by him shall be the competent authority for the registration of organisations located in the European Union, in accordance with art. 11 (1) of Regulation (EC) No 1221/2009.

(2) the directors of the INSPECTORATES shall provide the organizations under para. 1 information in accordance with art. 32 (4) of Regulation (EC) No 1221/2009 on the applicable legal requirements relating to the environment, and the means of proof of conformity with these requirements. "

§ 64. Article 135 is amended as follows:

"Art. 135. An Executive Agency "Bulgarian accreditation service" is the national accreditation body pursuant to art. 28 of Regulation (EC) No 1221/2009. "

§ 65. Article 136 shall be replaced by the following: "art. 136. The procedure for registration, renewal of registration and control of compliance with the requirements under Regulation (EC) No 1221/2009 shall be determined by an Ordinance of the Minister of environment and water. "

§ 66. Art is created. 136:

"Art. 136. The use of the EMAS logo shall be carried out in accordance with art. 10 of Regulation (EC) No 1221/2009. "

§ 67. In art. 137, para. 2 the words "the eco-label under the Community eco-label award ' are replaced by ' EU eco-label ' and the words ' the product group ' are deleted.

§ 68. Article 138 shall be amended as follows:

"Art. 138. the Minister of environment and water or an official authorised by him shall be the competent authority in accordance with art. 4 of Regulation (EC) No 66/2010. "

§ 69. Article 139 shall be replaced by the following:

"Art. 139. The EU ecolabel is awarded and used pursuant to art. 9 of Council Regulation (EC) No 66/2010. "

§ 70. Article 140 shall be repealed.

§ 71. In art. 141 following amendments and supplements shall be made:

1. The current text becomes paragraph 1 and is amended as follows: ' (1) for the processing of the application and for the use of the EU ecolabel shall pay fees on tariff approved by the Council of Ministers. "

2. a para. 2:

"(2) the costs of proving compliance with the criteria for the award of the EU ecolabel shall be borne by the applicant."

§ 72. Article 142 shall be repealed.

§ 73. Art is created. 154 (a):

"Art. 154. (1) the supervisory authorities under art. 120, para. 5 developed, reviewed and where necessary updated plan for inspections of the installations within the scope of annex 4 of them controlled territory.

(2) the plan referred to in paragraph 1. 1 includes: 1. a general assessment of the significant environmental impacts;

2. the territory covered by the plan;

3. a list of the installations;

4. procedures for developing programs for planning inspections;

5. procedures for izv″nplanovi checks;

6. rules for the reconciliation of checks with other supervisory authorities – if necessary.

(3) on the basis of the plans referred to in para. 2 control body shall at regular programs for planned checks, indicating the frequency of on-the-spot checks on the various types of installations.

(4) the frequency of inspections referred to in para. 3 shall be determined on the basis of a systematic evaluation of the environmental risk of the relevant installations and is at least once a year for installations that pose the greatest risk, and three years for installations that pose the lowest risk.

(5) upon checking found significant non-compliance with permit conditions the control authority shall carry out a new inspection within 6 months from the last inspection.

(6) the System For environmental risk assessment under paragraph 1. 4 shall apply at least the following criteria:

1. the potential and actual impact of the installation on human health and the environment, taking into account the levels and types of emissions, the sensitivity of the local environment and the risk of accidents;

2. compliance with the conditions of the authorization;

3. the valid registration of the operator under the Community eco-management and audit scheme (EMAS) pursuant to Regulation (EC) No 1221/2009.


(7) within one month of the receipt of the complaints and signals, accidents and incidents involving danger to the environment or cases of non-compliance with the terms of the complex permit shall be carried out izv″nplanovi checks, and, in the case of open procedure under art. 117 or 124 – before her completion.

(8) during each inspection the inspection body shall draw up a statement. Based on konstativniâ Protocol after the inspection the inspection authority shall prepare a report containing identified facts and circumstances concerning the compliance of the installation with the conditions of the permit and, where necessary, mandatory precepts to the operator, as well as taken by the supervisory authority administrative penalties.

(9) the control body:

1. introduce the operator with the report under para. 8 no later than two months from the completion of the inspection;

2. publish a report under para. 8 subject to the requirements for public access to information on the environment no later than four months from the completion of the inspection.

(10) Notwithstanding the application of art. 125, para. 2 the operator fulfils the requirements given by konstativniâ Protocol, in accordance with the prescribed time limits.

§ 74. In art. 156 item 1 shall be amended as follows:

"1. the results of the implementation of the conditions, measures and limitations in EIA solutions solutions for an understanding of the need for an EIA, opinions on environmental assessment, solutions for an understanding of the need for an environmental assessment and permits, as well as the implementation of investment projects and the implementation of the plan or programme;".

§ 75. In art. 157 and al. 2 shall be replaced by the following: "(2) in the Al. 1 shall be made by joint inspections of specified by order of the Minister of environment and water committees, composed of representatives of the territorial and regional structures of the Ministry of environment and waters, Ministry of Internal Affairs and authorised representatives of the Executive Agency "Labour Inspectorate and the mayors of the municipalities."

§ 76. In Chapter 9, section III creates art. 157 (e):

"Art. 157 e. (1) on the implementation of the requirements of Regulation (EC) No 1221/2009 and Commission Regulation (EC) No 66/2010 shall be effected by the directors of the INSPECTORATES.

(2) the market surveillance authorities within the meaning of Regulation (EC) no 765/2008 shall forthwith inform the relevant INSPECTORATES for violations of the use of the EMAS logo and of the EU ecolabel in the implementation of established controls in accordance with their respective competences.

§ 77. In Chapter 9, section III creates art. 157 is:

"Art. 157. In the case of carrying out controls at the request of the persons concerned to ascertain the cost of violations shall be paid by the offender. "

§ 78. In art. 163 following amendments and supplements shall be made:

1. Paragraph 2 shall be replaced by the following:

"(2) which uses the EU ecolabel in violation of the provisions of art. 9 of Council Regulation (EC) No 66/2010, shall be punished with fine, respectively with the penalty payment, at a rate of 1000 to 5000 LEVs. "

2. a new paragraph. 3:

"(3) that uses the logo of EMAS in violation of the provisions of art. 10 of Regulation (EC) No 1221/2009, shall be punished with fine, respectively with the penalty payment, at a rate of 1000 to 5000 LEVs. "

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

§ 79. In art. 164 create al. 3 and 4:

"(3) the Operator of installations and equipment, carrying out activities within the scope of the annex No 4 without complex permit under art. 117, para. 1 and 2 is punishable by a fine, penalty payment respectively, amounting to EUR 50 000.

(4) the application of para. 3 does not stop the actions under art. 158, p. 4 to issue on IPPC permit. "

§ 80. In art. 166 item 2 shall be replaced by the following: "2. fail to comply with the conditions, measures and restrictions in licences, decisions or opinions issued by the competent authorities on the environment; '.

§ 81. In art. 166 (a) is hereby amended as follows:

1. In paragraph 8. 1 the words "art. 116 e, para. 1, paragraph 2 "shall be replaced by" art. 116 e, para. 1. "

2. in the Al. 2 the words "art. 116 e, para. 2 "are replaced by" article. 116 e, para. 1. "

§ 82. In the additional provisions the following amendments and additions:

1. In paragraph 1:

and so is created) 13A:

"13." groundwater "means water, within the meaning of § 1, para. 1, item 24 of the Water Act. ';

b) point 14 shall be replaced by the following:

"14." soil "is the uppermost layer of the Earth's crust situated between the bedrock and the surface. The soil consists of mineral particles, organic matter, water, air and living organisms. ";

in point 17) shall be replaced by the following:

"17." investment proposal "is:

a) proposal for carrying out construction works or construction of installations or schemes,

(b)) other interference in the natural surroundings and landscape including extraction of mineral resources. ";

(d) section 32) shall be amended as follows:

"32." substance "means any chemical element or compound, with the exception of substances – sources of ionising radiation within the meaning of § 1, item 15 of the law on the safe use of nuclear energy and § 1, item 3 of the law on genetically modified organisms.";

e) section 33 is amended as follows:

"33." industrial pollution "means any direct or indirect intake as a result of human activity in the air, water or soil of substances, vibrations, heat or noise, which can have harmful effects on human health or the environment, cause damage to material property, restrict or prevent the possibilities for using the wholesomeness of the environment and the rest of its legitimate uses.";

is) point 34 is amended as follows:

"34. ' installation ' means any stationary technical unit in which:

(a)) shall be carried out one or more of the products specified in annex 4;


(b)) other activities are carried out on the same site and which is directly related and/or there is a technical connection with the facilities referred to in (a) and which could have an effect on emissions and pollution;

(g)) section 35 shall be replaced by the following:

"35." Acting "is any installation which was put into operation in accordance with spatial planning act.";

h) point 41 shall be amended as follows:

"41." substantial change "means a change in the operation of the installation which may have significant negative effects on human health or the environment. Any change or increase in capacity are considered to be substantial if the change or increase the capacity on their own, reach the threshold values set out in annex 4. ";

and) point 42 is amended as follows:

"42." best available techniques (BAT) "is the most effective and most advanced stage in the development of activities and their methods of implementation, showing the practical suitability of the relevant techniques to provide a basis for determining the appropriate emission limit values and other permit conditions designed to prevent and, where that is not practicable – the reduction of emissions and their impact on the environment as a whole :

a) ' techniques ' includes both the technology used and the way the design, construction, maintenance, operation and decommissioning of the installation;

(b)) "available techniques are techniques developed on a scale which allows implementation in the relevant industrial sector, under economically and technically viable in the sense of reporting conditions and associated costs and benefits, regardless of whether these techniques are used, or are created in the Member State in question, provided that they are reasonably accessible to the operator;

the "best") are the most effective in achieving a high level of protection for the environment as a whole. ";

k) established that a 42-42 (e):

"42." BAT Reference document "means a document that discusses and describes the specific activities, in particular those applied techniques, present emissions and the consumption of resources and substances evaluated techniques for the determination of BAT and BAT and any conclusions of the latest techniques in which pay close attention to the criteria in the Ordinance under art. 119 and is the result of the exchange of information, organized by the European Commission, with the aim of preparing, reviewing or updating it.

42B. "conclusions on the BAT" is a document containing part of the BAT reference document containing the conclusions of the BAT, their description, information about the assessment of their applicability, emission levels associated with BAT, associated monitoring, related resources and consumption of substances and where appropriate, the relevant measures for the recovery of the site.

42. "Conclusion of the BAT, adopted by a decision of the European Commission" is a conclusion, adopted by comitology procedure after January 7, 2011.

42. "emission levels associated with BAT" are the emission levels obtained in normal operating conditions through the use of best available technique or combination of BAT, described in the conclusions for the BAT, expressed in average values for a certain period of time and under certain conditions of reference.

42 e. "Up-to-date" technique is unknown so far, the technique of industrial activity which, if developed, could provide or higher General level of environmental protection, or at least the same level of environmental protection in the implementation of more great savings compared to existing BAT. ";

l) section 43 shall be amended as follows:

"43." operator "means any natural or legal person, in respect of which there is one of the following characteristics:

and definitely own exploits) plant facility and/or installation, including part of it;

(b) the operation of) controls an undertaking, facility and/or installation, including part of it;

c) disposes and decide on this or future functioning of the enterprise, the facility and/or installation, including part of it. ";

m) section 44 is amended as follows:

"44." organization "is a company, Corporation, company, Enterprise, authority or institution, or part or combination thereof, or not registered as a legal entity, public or private, that has its own functions and administrations.

n) points 45 and 46 are repealed;

o) section 54 shall be amended as follows:

"54." hazardous substance "means:

a) for the purposes of Chapter 7, section II – substance or mixture within the meaning of art. 3 of 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);

(b)) for the purposes of Chapter 7, section I – any substance, preparation or mixture listed by roll call in annex 3, table 1, or which is classified in at least one of the categories of danger referred to in table 3 of annex 3, and is a raw material, product, by-product, residue or intermediate, including substance, which is possible to obtain as a result of the conduct of the side reaction or in the event of accident. ";

p) that is created and 62:


"62." Voluntary "emissions reduction unit greenhouse gases equivalent to one tonne of carbon dioxide equivalent, resulting from the implementation of projects for reducing emissions, certified by any of the voluntary standards. For each tonne of verified reduction be written off an equal amount of assigned amount units from the national registry for accounting for issuance, holding, transfer, transfer and cancellation of allowances for greenhouse gas emissions. "

p) established that 70-73:

"70." report on the basic condition "is information about the contamination of soil and groundwater with relevant hazardous substances.

71. "test environment" means all actions, including site visits, monitoring and inspection of internal reports and documents concerning the follow-up, verification of own monitoring, checking of the techniques used and the adequacy of the environmental management of the plant, taken by the inspection body for the purposes of checking, support for compliance with the terms of a marketing authorisation and, where appropriate, monitoring of the impact of the plants on the environment.

72. "Poultry" means fowl, turkeys, Guinea fowl, ducks, geese, quails, pigeons, pheasants, partridges and ratites (ostriches, emus, Kiwis, and others), birds, reared or kept closed to breeding, the production of meat and eggs for consumption or for replenishing the stock of wild game.

73. "Unconventional" hydrocarbons are hydrocarbons from natural geological formations with low content of hydrocarbons, low voids content and low or very low permeability and their extraction is necessary to apply the technology to further impact on geological formations containing them. "

2. § 2: "§ 2 in. This law establishes the provisions of chapters 1 and 2 and annexes 1 and 2 of Directive 2010/75/EC of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334/17, of 17 December 2010). "

§ 83. In the transitional and final provisions are made the following amendments and additions:

1. In paragraph 9, para. 2 creates a third sentence: "In this line are running programmes by 31 December 2020, after this date all nezapočnati and/or with incomplete implementation programmes are suspended."

2. paragraph 11 (a) is repealed.

§ 84. Annex No 1 to art. 92, paragraph 1 shall be replaced by the following: ' Annex No 1 to art. 92, item 1

Investment proposals:

1. crude oil refineries (excluding production only lubricants from crude oil) and installations for the gasification and liquefaction of 500 and more than 500 tons of coal or bituminous shale per day.

2.1. Thermal power stations and other combustion installations with a rated thermal input of 50 MW input or more, and

2.2. Nuclear power stations and other nuclear reactors including the dismantling or decommissioning of such power stations and reactors, with the exception of installations for the production and processing of fissile materials, enriched or whose maximum power does not exceed 1 kilowatt continuous thermal load.

3.1. Installations for the processing of irradiated nuclear fuel.

3.2. Installations designed: a) for the production or enrichment of nuclear fuel;

(b)) for the processing of irradiated nuclear fuel or waste with a high degree of radioactivity;

c) for the final disposal of irradiated nuclear fuel;

d) solely for the final disposal of radioactive waste;

e) solely for storage, planned for more than 10 years of spent nuclear fuel or radioactive waste to a site other than that of which they are produced.

4. Integrated undertaking for the production of pig iron and steel (primary or secondary fusion) including continuous casting.

5. Ferrous metal foundries with a production capacity exceeding 20 tons per day.

6. Installations for the processing of ferrous metals: a) hot rolling mills with a capacity exceeding 20 tons of crude steel per hour;

b) smitheries with presses, whose energy exceeds 50 kilojoules of heat press where power used exceeds 20 MW;

c) application of protective fused metal coats with consumption exceeding 2 tons of crude steel per hour.

7. Installations for the production of: (a) unprocessed) colored metals from ores, concentrates or by metallurgical, chemical or electrolytic processes;

b) melting, including the alloyage, of non-ferrous metals with a melting capacity exceeding 4 tons per day for lead and cadmium or 20 tons per day for all other metals.

8. Installations for the surface treatment of metals and plastics by electrolytic or chemical process where the volume of processing vats exceeds 30 m3.

9. Installations for the extraction of asbestos and for the manufacture of products containing asbestos: a) for azbestocimentovite products with an annual production of over 20 000 t output;

(b)) for friction material with an annual production of more than 50 t output;

in other industries) for using asbestos over 200 t per year.

10. Integrated chemical installations for the production on an industrial scale of substances using chemical conversion processes, where individual installations are functionally related and which are: (a)) for the production of basic organic chemicals;

(b)) for the production of basic inorganic chemicals;

c) for the production of phosphorous-, nitrogen and potassium fertilizers (straight and compound fertilizers);

(d)) for the production of basic substances for plant protection and biocidal products;


(e)) for the production of basic pharmaceutical products using a chemical or biological process;

It is) for the production of explosives;

(g)) for the production of protein feed additives, enzymes and other protein substances using chemical or biological transformation into the production process.

11. Industrial plants for the production of:

a) pulp from timber or similar fibrous materials;

b) paper and Board with a production capacity exceeding 20 tons per day.

12. Installations for the production of cement clinker in rotary kilns with a production capacity exceeding 500 tons per day or lime in rotary kilns with a capacity exceeding 50 tons per day or in other furnaces with a production capacity exceeding 50 tons per day.

13. Installations for the manufacture of glass including glass fibre with a melting capacity exceeding 20 tons per day.

14. Installations for melting mineral substances including the production of mineral fibres with a melting capacity exceeding 20 tons per day.

15. Installations for the manufacture of ceramic products by firing, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain, with a production capacity exceeding 75 tons per day, and/or with a kiln capacity exceeding 4 m3 and with a setting density of arranging for a furnace over 300 kg/m3.

16. Plants for the pre-treatment (operations such as washing, bleaching, mercerizirane) or dyeing of fibres and/or textiles with a capacity exceeding 10 tons per day.

17. Plants for the tanning of hides and raw hides and skins with capacity over 12 tons of finished products per day.

18. Installations for the surface treatment of substances. Installations for the surface treatment of substances, objects or products using organic solvents, in particular for dressing, printing, coating, degreasing, implying that the sealers, sizing, painting, cleaning or impregnating, with a consumption of organic solvents over 150 kg per hour or more than 200 tons per year.

19.1. Slaughterhouses with a production capacity exceeding 50 tons per day for carcases.

19.2. Installations for the handling and processing of raw materials for the manufacture of food products from: a) animal raw materials (without milk) with a production capacity exceeding 75 tons per day output;

b) vegetable raw materials with a production capacity exceeding 300 tons of finished products per day (average per quarter).

19.3. The treatment and processing of milk with the quantity of milk received being over 200 tons per day (average for the year).

20. Installations for the disposal or opolzot vorâvane of animal carcasses and animal waste with a capacity exceeding 10 tons per day.

21. Farms for intensive rearing of poultry and pigs with more than: a) 40 000 places for growing broilers, 40 000 places for laying hens;

b) 2000 places for growing pigs for fattening (over 30 kg) or 750) places for sows.

22.1. Construction of railways and highways railroads category I (lines for long-distance railway traffic) and the airports with the length of the main runway 2100 m and more.

22.2. The construction of highways and roads I class.

13.9. Construction of a new road of four or more lanes, or realignment and/or extension of an existing road of two lanes or less to four or more lanes, where the new road realigned and/or extension of the existing road is 10 km and more continuous length.

23.1. Inland waterways and ports serving ships on inland waterways, which permit the passage of vessels with draughts over 1350 t.

23.2. Commercial ports, terminals for loading and unloading connected to land and ports of public transport (with the exception of the terminals for ferries) that can accept vessels with draughts over 1350 t.

24. Installations for the disposal of hazardous waste by incineration, chemical treatment or disposal within the meaning of the law on waste management.

25. Plants with a capacity exceeding 100 tons for 24 hours for the disposal of non-hazardous waste incineration or chemical treatment as defined in the law on waste management.

26. The extraction of underground water or artificial nourishing of groundwater with the annual volume of water abstracted or feeding water for 10 million. cube. m or more.

27.1. Activities for the transfer of water resources between river basins to meet the shortage in water use, where the volume of water transferred is more than 100 million. cube. m a year.

27.2. In all other cases, the activities for the transfer of water between river basins where the annual average (averaged for many years) of the basin, runoff from which water is transferred, it is over 2000 million. cube. m a year.

In the cases referred to in paragraph 27.1 and 27.2, transfer of water for drinking purposes are excluded.

28. waste water treatment plants with a capacity exceeding 150 000 inhabitants equivalent.

29. Extraction of oil or natural gas for commercial purposes in quantities exceeding 500 tons per day of oil, or over 500 000 m3 of natural gas per day.

29.1. Drilling for exploration and extraction of unconventional hydrocarbons, including shale gas.

30. Dams and other installations designed for permanent retention or storage of water, where a new or additional amount of water which is kept or stored, is over 10 million. cube. (m).

31. Piping with a diameter of more than 800 mm and a length of more than 40 km:

(a)) for the transport of gas, oil, chemical substances and mixtures;


(b)) to transport flows of carbon dioxide (CO2) for storage in geological formations, including the associated compressor stations.

32. facilities for storage of 200 000 tons or more oil, petroleum or chemical products.

33. Construction of overhead electrical power lines with a voltage of 220 kV or more and a length of more than 15 km.

34. in quarries and open-cast mines of raw materials in the area of 25 hectares, or peat extraction with an area of over 150 hectares.

35. Tourism and Recreation:

a) holiday villages, hotel complexes outside the urbanized territories with total area of 10 acres and facilities to them;

(b)) of ski runs, ski lifts, lifts with a total length of more than 1000 m and facilities to them;

in sporting or recreational) complexes outside the urbanized territories with total area over 20 acres.

36. Installations for the capture of CO2 streams for the purpose of storage in geological formations from installations covered by this annex, or where the total annual quantity caught CO2 is equal to or exceeds 1.5 megatons.

37. Places of storage of CO2 in geological formations.

38. Any change to or extension of an investment proposal, included in the annex, where such an amendment or extension independently reached the criteria, if any, set out in the annex. "

§ 85. In annex 2 to the art. 93, para. 1, item 1 and 2 make the following amendments and additions:

1. In paragraph 1 letter "h" is repealed.

2. In point 2:

a) in point (b), the word "mine" is replaced by "mini";

(b)) in (c), the words "rivers or ponds ' are replaced by ' rivers, lakes or the sea" by dredging;

c) in point (d), the word "drilling" is replaced by "drilling, including";

d) creates is letter "e":

"it is) all drilling for oil and gas."

3. paragraph 3 establishes the letter "k":

"k) installations for the capture of CO2 streams for the purpose of storage in geological formations from installations not covered by Annex 1."

4. In paragraph 6 (a) shall be replaced by the following:

"a) treatment of intermediate products and production of chemicals and mixtures;".

5. In paragraph 8 (b), the word "primary" is replaced by "ex-ante".

6. In point 10:

(a)) in the letter "e" channels "and" shall be deleted;

b) letter "k" is amended as follows:

"k) oil and gas pipelines and related installations and pipelines of CO2 streams for the purpose of storage in geological formations (not included in annex 1);"

in subparagraph (a)) "n" words "artificial turnover ' shall be replaced by" artificial feeding ".

7. In paragraph 12:

a) in paragraph (a), the words "(not included in annex 1)" shall be deleted;

b) creates letter "e":

"it is) sports and/or recreational complexes outside urbanized areas."

§ 86. In annex 3 to the art. 103, para. 3 the words "to art. 103, para. 3 "shall be replaced by the words" towards art. 103, para. 1. "

§ 87. Annex 4 to the art. 117, para. 1 shall be amended as follows:

"Annex 4 to the art. 117, para. 1

Categories of industrial activities

The following threshold values generally refer to production capacities or outputs. When several activities with the same description of the activity that contains the threshold value, are running in the same installation, the capacities of such activities are added together. In terms of waste management activities this calculation shall be applied at the level of activity for 5.1, 5.3.1 and 5.3.2.

1. Energy sector

1.1. Combustion installations with a total rated thermal input input equal to or greater than 50 MW.

1.2. Refineries for crude oil and gas.

1.3. Coke ovens.

1.4. Plants for gasification or liquefaction:

a) coal;

(b)) other fuels in installations with a total rated thermal input capacity 20 MW or more.

2. production and processing of metals

2.1. Roasting or sintering of metal ores (including sulphurous Rudy).

2.2. Installations for the production of pig iron and steel (primary or secondary fusion) including continuous casting with a capacity exceeding 2.5 t per hour.

2.3. Installations for the processing of ferrous metals:

a) hot rolling mills with a capacity exceeding 20 tons of crude steel per hour;

b) smitheries with presses, whose energy exceeds 50 kilojoules of heat press where power used exceeds 20 MW;

in mapping) application of protective fused metal coats with consumption exceeding 2 tons of crude steel per hour.

2.4. Ferrous metal foundries with a production capacity exceeding 20 tons for 24 hours.

2.5. Installations for:

and rough) manufacture of metals, other than those listed in points 2.2, 2.3 and 2.4, by Rudy, enriched or products by metallurgical, chemical or electrolytic processes;

b) rendering, including the alloying of metals, other than those listed in points 2.2, 2.3 and 2.4, and operation of foundries, with a melting capacity exceeding 4 tons per day for lead and cadmium or 20 tons per day for all other metals.

2.6. Installations for surface treatment of metals and plastics by electrolytic or chemical process where the volume of the bath is over 30 cubic feet.

3. Manufacture of products of mineral raw materials

3.1. Installations for the manufacture of cement, lime and magnesium oxide, as follows:

a) for cement clinker in rotary kilns with a production capacity exceeding 500 tons for day or in other furnaces with a production capacity exceeding 50 tons per day to;

(b)) to the lime in kilns with a production capacity exceeding 50 tons per day to;

c) for the production of magnesium oxide in furnaces with a production capacity exceeding 50 tons for 24 hours.

3.2. Installations for the production of asbestos and the manufacture of asbestos-based products.

3.3. Installations for the manufacture of glass including glass fibre with a melting capacity exceeding 20 tons for 24 hours.


3.4. Installations for melting mineral substances including the production of mineral fibres with a melting capacity exceeding 20 tons for 24 hours.

3.5. Installations for the manufacture of ceramic products by firing, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain, with a production capacity exceeding 75 tons for 24 hours and/or with a kiln capacity exceeding 4 m³ and with a setting density of arranging for a furnace over 300 kg/cubic meter.

4. Chemical Industry Production within the meaning of the categories of activities contained in this section means the production on an industrial scale by chemical or biological processing of substances or groups of substances listed in 4.1 – 4.6.

4.1. Installations for the production of organic chemicals, such as:

a) Simple hydrocarbons (linear or cyclic, saturated or unsaturated, aliphatic or aromatic);

(b)) Oxygen-containing hydrocarbons such as alcohols, aldehydes, ketones, carboxylic acids, esters and blends of esters, acetates, ethers, peroxides and epoxy resins;

c) sulphurous hydrocarbons;

d) Nitrogenous hydrocarbons such as amines, amides, trivalentniâ compounds, nitrates, nitrite nitrogen, nitrili, cyanates, isocyanates;

e) phosphorus-containing hydrocarbons;

It is) halogenos″d″ržaŝi hydrocarbons;

g) organometallic compounds;

h) plastics (polymers, synthetic fibres and cellulose-based fibres);

and synthetic rubber);

j) dyes and pigments;

l) surface-active agents and surfactants.

4.2. Installations for the production of inorganic chemicals, such as:

a) gases: ammonia, chlorine, hydrogen chloride, fluoride, HF, carbon oxides, sulphur compounds, including sulphur dioxide, nitrogen oxides, hydrogen, karbonilhlorid;

b) acids: chrome acid, hydrofluoric acid, phosphoric acid, nitric acid, hydrochloric acid, sulphuric acid, oleum, sulphurous acids;

the basics: ammonium hydroxide), potassium hydroxide, sodium hydroxide;

d) salts: potassium chloride, ammonium chlorate, potassium carbonate, sodium carbonate, perborates, silver nitrate;

(e)) non-metals, metal oxides or other inorganic compounds such as calcium carbide:, Silicon, Silicon Carbide.

4.3. Installations for the production of phosphorous-, nitrogen and potassium fertilizers (simple or compound fertilizers).

4.4. Installations for the production of biocides or plant protection products.

4.5. Installations for the production of pharmaceuticals, including intermediate products.

4.6. Installations for the production of explosives.

5. Waste Management

5.1. Installations for the disposal or recovery of hazardous waste within the meaning of the law on management of waste with a capacity exceeding 10 tons of waste per day, including one or more of the following activities:

a) biological treatment;

b) physico-chemical treatment;

in the reclassification or mixing) prior to submission to any of the activities listed in 5.1 and 5.2;

d) repackaging prior to submission to any of the activities listed in paragraphs 5.1 and 5.2;

e) solvent reclamation/regeneration;

f) recycling/recovery of inorganic materials other than metals or metal compounds;

g) regeneration of acids or bases;

h) recovery of components used for pollution abatement;

and) recovery of components from catalysts;

k) oil re-refining or other reuses of oil;

l) surface impoundment.

5.2. the disposal or recovery of waste in incineration plants or waste co-incineration plants of waste:

a) for non-hazardous waste with a capacity exceeding 3 tons per hour;

(b)) for hazardous waste with a capacity exceeding 10 for 24 hours.

5.3.1. Installations for the disposal of non-hazardous waste with a capacity exceeding 50 tons for 24 hours, including one or more of the following activities and exclusive activities for wastewater treatment of settlements:

a) biological treatment;

b) physico-chemical treatment;

in preparation for waste) incineration or co-incineration;

d) treatment of slag and ash;

e) treatment in installations for shredding (šredirane) of the metal waste, including waste from electrical and electronic equipment and end-of-life vehicles and their components.

When the only activity is carried on anaerobic digestion, the threshold value of capacity is 100 tons per day.

5.3.2. Installations for the recovery or a combination of the recovery and disposal of non-hazardous waste with a capacity exceeding 75 tons for 24 hours, including one or more of the following activities and exclusive activities for wastewater treatment of settlements:

a) biological treatment;

(b) preparation of the waste) incineration or co-incineration;

c) treatment of slag and ash;

d) treatment in installations for shredding (šredirane) of the metal waste, including waste from electrical and electronic equipment and end-of-life vehicles and their components.

When the only activity is carried on anaerobic digestion, the threshold value of capacity is 100 tons per day.

5.4. Landfills receiving more than 10 tons of waste per day or with a total capacity exceeding 25 000 tons, excluding landfills of inert waste.

5.5. Temporary storage of hazardous waste which do not fall within the scope of 5.4, to carry out any of the activities listed in paragraphs 5.1, 5.2, 5.4 and 5.6, with a total capacity of more than 50 t, except for temporary storage of waste at the site of the opening to their collection.

5.6. Underground storage of hazardous waste with a capacity exceeding 50 tons.

6. other activities


6.1. Industrial plants for the production of:

a) pulp from timber or other fibrous materials;

b) paper and Board with a production capacity exceeding 20 tons per day to;

c) wood-based panels, such as: plates from oriented particles (OSB) and particle boards or fibreboard, with a production capacity exceeding 600 cubic feet per day.

6.2. Plants for the pre-treatment (operations such as washing, bleaching, mercerization) or dyeing of textile fibres and/or textiles with a capacity exceeding 10 for 24 hours.

6.3. Plants for the tanning of hides and hides when capacity exceeds 12 tons of finished products per day.

6.4.1. Slaughterhouses with a production capacity exceeding 50 tons per day for carcases.

6.4.2. Installations for the processing and processing other than packing, the following raw materials, whether or not processed in advance and intended for the manufacture of foodstuffs for human or animal consumption by:

a) only animal raw materials (excluding the processing of milk only) with a production capacity exceeding 75 tons per day of output;

(b) plant raw materials only) with a production capacity exceeding 300 t output for 24 hours or 600 t output for 24 hours, when the installation work for not more than 90 consecutive days in any year;

in animal and vegetable raw materials) in both the combined and individual products with a production capacity of final production in tonnes for 24 hours, greater by respectively:

AA) 75, if the magnitude a is equal to or greater than 10, or

BB) [300-(22.5 ´ A)] in all other cases, where "a" represents the content of animal constituents (percentage by weight) in the production capacity for final output.

In the final weight of the products does not include the weight of the package. This subparagraph does not apply to cases where the raw material used is the only milk.

6.4.3. Installations for the treatment and processing of milk only with the quantity of milk received being over 200 t for 24 hours (average for the year).

6.5. Installations for the disposal or opolzot vorâvane of animal carcasses or animal waste with a capacity exceeding 10 for 24 hours.

6.6. the Intensive rearing of poultry or pigs:

(a)) with over 40 000 places for poultry;

(b)) with over 2000 places for pigs for fattening (over 30 kg), or

with over 750) places for sows.

6.7. Installations for the surface treatment of substances, objects or products using organic solvents, in particular for dressing, printing, coating, degreasing, waterproofing, sizing or, painting, cleaning or impregnating, with a consumption of organic solvents over 150 kg per hour or more than 200 tons per year.

6.8. Production of amorphous carbon or elektrografit by burning or grafitizirane.

6.9. Installations for the capture of CO2 streams for the purpose of storage in geological formations, where these flows are emissions from installations covered by that annex incineration plants and/or co-incineration of waste (regardless of their capacity), installations, which use solvents, or plants for the production of titanium dioxide.

6.10. Preserving with chemicals of timber and timber products with a production capacity exceeding 75 cubic feet per day, different from the treatment against mildew (blue stain).

6.11. Installations for the self treatment of waste water, formed by the installations covered by this annex and a variety of water treatment plants for the purification of waste water treatment. "

§ 88. Annex 8 shall be set up to art. 123, para. 1.1:

"Annex 8 to the art. 123, para. 1, item 1

A list of the main groups of polluting substances to be taken into account when determining the emission limit values and/or individual emission limits

I. Emissions in ambient air:

1. Sulphur dioxide and other sulphur compounds.

2. Oxides of nitrogen and other nitrogen compounds.

3. Carbon monoxide.

4. Volatile organic compounds (VOCs).

5. Metals and their compounds.

6. Dust including fine particulate matter.

7. Asbestos (suspended particulates, fibres).

8. Chlorine and its compounds.

9. Fluorine and its compounds.

10. Arsenic and its compounds.

11. Cyanides.

12. Substances and mixtures which have been proved to possess carcinogenic or mutagenic properties or properties which may affect reproduction via the air.

13. Polychlorinated Dibenzodioxins and polychlorinated dibenzofurans.

II. Emissions to water:

1. Organohalogen compounds and substances which may form such compounds in the aquatic environment.

2. Organophosphorus compounds.

3. Organotin compounds.

4. Substances and mixtures which have been proved to possess carcinogenic or mutagenic properties or properties which may affect in or via the aquatic environment on reproduction.

5. Persistent hydrocarbons and persistent and bioaccumulable organic toxic substances.

6. Cyanide.

7. Metals and their compounds.

8. Arsenic and its compounds.

9. Biocides and plant protection products.

10. Suspended materials.

11. Substances which contribute to eutrophication (in particular, nitrates and phosphates).

12. Substances which have an adverse effect on the oxygen balance (and can be measured with the parameters such as biological oxygen demand (BOD), chemical oxygen demand (COD) and others).

13. Other substances or groups of substances for which emission limits are placed on the authorisations referred to in art. 118, para. 4, item 2. "

Transitional and final provisions


§ 89. (1) Ongoing until the entry into force of this law, the procedures provided for in chapter six is completed under the conditions and in accordance with this Act, with the exception of those which are at a stage after consultation in determining the scope of EIA on environmental assessment, which interrupted the previous order.

(2) For the initial entry into force of this law, the procedures provided for in chapter six, where there is a change to the competent authority, all documentation shall be forwarded officially to the new competent authority within 30 days of the entry into force of this law, except in cases where:

1. the procedure of EIA is the stage after meeting for public comment;

2. the procedure for assessing the need for EIA is the stage after request for estimation.

(3) in the cases referred to in para. 2, item 1 and 2 completed procedures by the competent authority, started the procedure.

§ 90. Within 6 months from the entry into force of this law the Council of Ministers shall adopt the necessary amendments to the regulations for its implementation.

§ 91. (1) the procedures for issuing a permit under art. 104, para. 1 to undertakings with a high risk potential, which began before 1 January 2013 shall be completed on the previous line.

(2) the procedures for issuing a permit under art. 104, para. 1 for businesses with low risk potential, which began before 1 January 2013 shall be terminated by a decision of the Minister of environment and water.

(3) in the cases referred to in para. 2 the Minister of environment and water or authorised by him, an official sent by the operators of the documentation of the RIEW Director within the territory of which the enterprise is situated.

(4) within 6 months after 1 January 2013, the Minister of environment and waters cancels licences issued under art. 104, para. 1 for businesses with low risk potential.

(5) the provisions of art. 103 shall not apply to undertakings in the Al. 1 and 2.

§ 92. Within 6 months from the entry into force of this law, the operators of the installations which are within the scope of the activities referred to in annex 4, paragraph 1.1 for activities with a total rated thermal input power equal to 50 MW; item 1.4 (b); item 3.1, letter "a" – in respect of the activities in the production of cement clinker in rotary kilns, other than, with a production capacity exceeding 50 tonnes per day; item 3.1, letter "c"; 4.1 – 4.6 for activities relating to production through biological treatment; 5.1, the letters "a" – "e", "h" and "l"; 5.2 (a); item 5.3.1, the letters "c", "d", t. 5.3.2, 5.5 and 5.6, 6.1 (c), item 6.4.2, the letters "b" and "c" and so on, and 6.9 6.10 6.11 shall be obliged to inform in writing the Ministry of environment and water.

§ 93. (1) operators of installations that are placed in service or their construction permit was issued prior to the entry into force of this Act and carry out activities within the scope of annex 4, paragraph 1.1 for activities with a total rated thermal input power equal to 50 MW; item 1.4 (b); 4.1 – 4.6 for activities relating to production through biological treatment; 5.1, the letters "a" – "e", "h" and "l"; 5.2 (a) with the exception of household waste; item 5.3.1, the letters "c", "d", t. 5.3.2, 5.5 and 5.6, 6.1 (c), item 6.4.2, the letters "b" and "c" and so 6/10 and 6.11 shall submit an application for the issue of a complex permit under Chapter 7, section II, until 31 January 2013.

(2) the deadline for the fulfilment of the conditions laid down in the permits issued for existing installations in al. 1 is 7 July 2015.

§ 94. In the law on biological diversity (edu., SG. 77 of 2002; amended and 88/105 by 2005, issue 29, 30, 34 and 80 of 2006, issue 52, 53, 64 and 94 in 2007, 43/2008 19/80 and 103/2009, no. 62 and 89 from 2010, issue 19 and 33 of the 2011) the following amendments and supplements shall be made :

1. In art. 31:

(a)) in the Al. 11, after the words "the investment proposal" insert "or design or approval of the plan or programme;

(b)) a new para. 16:

"(16) the decision referred to in paragraph 1. 7 or under para. 12, item 1 is required for approval of a plan, program, or project investment proposal from the competent authorities in accordance with other laws. ";

in the previous para.) 16, 17, 18, 19 and 20 shall become al. 17, 18, 19, 20 and 21;

d) past al. 21 it al. 22 and in her words "para. 20 ' shall be replaced by "para. 21 ";

(e)) is hereby set up al. 23:

(23) "the decision under paragraph 1. 7 loses legal action if for 5 years from the date of its issue, the contracting authority shall not initiate action on the implementation of the project or investment proposal or the approval of the plan or programme. '

2. In art. 128 b, para. 2, the words "and 16" shall be replaced by "and 17".

§ 95. In the law for protection against environmental noise (promulgated, SG. 74 2005; amend., SG. 30 of 2006, 41/2009 and no. 98 of 2010) creates art. 38:

"Art. 38. The collected fines and financial penalties under this Act imposed by the authorities under art. 18 shall be imported into the enterprise for management of activities on the protection of the environment. "

§ 96. 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.) the following modifications are made: 1. In art. 17 (b), para. 3, paragraph 2, the words "research and application Institute of fire safety and rescue to" shall be deleted.

2. Article 17 shall be repealed.

§ 97. In the spatial planning Act (promulgated, SG. 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, and St. 29 by 2012.) make the following additions:


1. In art. 142, para. 5 item 8 is created:

"8. the requirements of enforceable administrative acts which, depending on the type and size of the building are a necessary condition for allowing the construction in the environmental protection act, the law on biological diversity, the law on the cultural heritage or any other special law, as well as coverage of the measures and the terms of these instruments in the project."

2. In art. 148, para. 8 creating the second sentence: "entered into force a decision on the 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, is an application, an integral part of the construction permit.

3. In art. 149 creates al. 6:

"(6) to the issued building permit, which is an annex to the EIA decision or a decision for an understanding of the necessity of carrying out the EIA, placed a message on the website of the authority issuing the building permit, which indicated the way to provide public access to the contents of the resolution and the annex to it."

§ 98. The law shall enter into force on the day of its publication in the Official Gazette with the exception of the provisions on:

1. paragraphs 20 to 42, 75 and § § 91, which shall enter into force on January 1, 2013;

2. paragraphs 43-58, § 87 and 88, which shall enter into force on 7 January 2014 for operators:

(a)) of the installations that are placed in service and have complex permit before 7 January 2013 and which carry out activities under annex 4:

AA) item 1.1 – for activities with a rated thermal input exceeding 50 MW power;

BB) points 1.2, 1.3, 1.4, subparagraph (a), item 2.1-2.6, 3.1-3.5;

BB) points 4.1 – 4.6 – for activities relating to the production by chemical treatment;

yy) 5.1, letters "e", "g", "and" and "k" and 5.2 (a) – for household waste only;

DD) points 5.3.1, the letters "a" and "b", 5.4, 6.1, the letters "a" and "b", 6.2, 6.3, 6.4.1, 6.4.2, letter "a", and 6.5 6.4.3 – 6.9;

b) whose application for IPPC permit is approved no later than 7 January 2013 and facilities – the subject of the application, will be put into service no later than 7 January 2014.

The law was adopted by 41-Otto National Assembly on 12 April 2012 and is stamped with the official seal of the National Assembly.

President of the National Assembly: Anastas Anastasov

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