Name of law Law for storage of carbon dioxide in the Earth's name on the Bill a bill for storage of carbon dioxide in the Earth of acceptance Date 02/02/2012 number/year Official Gazette 14/2012 Decree No 58
On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria
I DECLARE:
To be published in the Official Gazette the law for storage of carbon dioxide in the Earth, passed by the National Assembly of the HLI, 2 February 2012.
Issued in Sofia on February 14, 2012.
The President of the Republic: Rosen Plevneliev
Stamped with the State seal.
Minister of Justice:
Diana Kovatcheva
LAW
storage of carbon dioxide in the Earth
Chapter one
SUBJECT MATTER AND SCOPE
Art. 1. (1) this Act regulates the social relations connected with the storage of CO2 in suitable geological formation in the subsurface.
(2) the purpose of the law is the full and permanent retention of carbon dioxide in the places of storage in such a way as to be prevented or removed the negative consequences for the environment and human health.
Art. 2. (1) the storage of carbon dioxide is carried out in suitable geological formations on the territory of the Republic of Bulgaria, on the continental shelf and in the exclusive economic zone in the Black Sea.
(2) it shall be prohibited for storage of carbon dioxide: 1. in storage, the storage complex e beyond the boundaries of the zones referred to in paragraph 1. 1;
2. in the water column;
3. outside of geological formations;
4. in the aquifers within the meaning of § 1, item 6 of the additional provisions of the law of water, whose waters are used or can be used for water supply.
Art. 3. (1) the storage of CO2 in geological formations is implemented to prevent, reduce or limit the harmful effects on the environment and human health.
(2) the storage of carbon dioxide is complying with the latest scientific knowledge, with the achievements of the best available technologies and includes priority measures:
1. isolation of carbon dioxide emissions from the atmosphere;
2. its safe and permanent preservation;
3. ensure the stability and safety of the facility for the storage of carbon dioxide;
4. carrying out of monitoring of the injection facilities, the storage complex carbon dioxide, including the flow of carbon dioxide.
Art. 4. the law does not apply to the storage of CO2 in geological formations with a total planned capacity of up to 100 kilotons, related to research, development or testing of new products or processes.
Art. 5. (1) the geological formation is defined for storage of carbon dioxide only if there is no significant risk of leakage, and the absence of likelihood of providing a significant impact on the environment and human health.
(2) the suitability of a geological formation for use as a storage site shall be determined by the characterisation and assessment of the potential storage complex and surrounding area in accordance with the criteria referred to in annex 1.
Art. 6. (1) the Right to explore the subsurface for establishing appropriate geological formations, representing locations suitable for the storage of carbon dioxide, are provided through permission to study the potential storage complex carbon dioxide, issued by the Minister of economy, energy and tourism, hereinafter referred to as "research".
(2) permission for study may include an obligation to monitor the experimental injections.
Art. 7. Rights to the storage of carbon dioxide storage in geological formations of the subsurface are provided through permission to store carbon dioxide, issued by the Minister of economy, energy and tourism, hereinafter referred to as "storage".
Chapter two
REGULATION OF ACTIVITIES ASSOCIATED WITH THE STORAGE OF CARBON DIOXIDE
Art. 8. (1) the Council of Ministers:
1. determine State policy on the storage of CO2 in geological formations, such as adopt a program for study of complexes for storage of carbon dioxide and approve projects of study permits and permissions for storage of carbon dioxide;
2. can ban the storage of carbon dioxide in certain parts of the territory or throughout the territory of the Republic of Bulgaria, on the continental shelf and in the exclusive economic zone in the Black Sea;
3. define the zones referred to in art. 2, al. 1 from which locations can be selected for storage in accordance with the requirements of the law.
(2) the Minister of economy, energy and tourism:
1. evaluate the available capacity for storage of CO2 on the territory of the Republic of Bulgaria, on the continental shelf and in the exclusive economic zone in the Black Sea or of parts of it, including by allowing research in accordance with art. 9 and makes proposals to the Council of Ministers for approval of study permits and permissions for storage in order to use the available capacity for storage of carbon dioxide;
2. create the necessary organization for the granting of permits for exploration and permissions for storage in geological formations and issue permits for study and storage authorizations under the conditions and in accordance with this law;
3. establish and maintain:
a) specialized map and register of permits issued for study;
b) specialized map and register of permits issued for storage, including specialized map of places of storage and the surrounding storage complexes, including maps and profiles of their spatial position and available information;
in specialized and card) a register of all closed storage sites and surrounding storage complexes, including maps and profiles of their spatial position and available information necessary for the purpose of assessing whether the stored CO2 will be completely and permanently retained;
4. prepare and submit to the European Commission reports on the implementation of the law, including the records referred to in paragraph 3, letters "b" and "c".
(3) the records referred to in para. 2, item 3 shall be taken into consideration by the competent authorities in the relevant planning procedures and when permitting the activity that could affect or be affected by the storage of CO2 in geological formations at registered storage sites.
(4) the reports referred to in para. 2, item 4 shall be submitted to the European Commission every three years, with effect from 30 June 2011.
Chapter three
TERMS AND CONDITIONS FOR THE GRANTING OF PERMITS TO EXPLORE THE PLACES OF STORAGE AND THE STORAGE
Section I
General provisions
Art. 9. Permits for study places for storage of carbon dioxide or storage shall be issued by the Minister of economy, energy and tourism, under the conditions and in accordance with this law.
Art. 10. study permits and permits for storage shall be issued to persons who prove necessary for carrying out the activities in technical capacity and financial capacity.
Art. 11. (1) the procedures for the granting of exploration permits are detected by an order of the Minister of economy, energy and tourism after the application of a candidate or business initiative.
(2) no procedures for the granting of exploration permits for areas that cover all or include parts of the area within the boundaries of which:
1. authorisations already granted exploration or storage permits;
2. an application for authorisation for storage;
3. the rights granted under the law on mineral resources;
4. are granted rights for the geological formation under another act;
5. fall by law protected territories and objects, including protected areas for the conservation of cultural heritage.
(3) no procedures for the granting of storage permits for areas that cover all or include parts of the area within the boundaries of which:
1. authorisations already granted for storage;
2. the rights granted under the law on mineral resources;
3. the rights granted are geological formation under another act;
4. fall by law protected territories and objects, including protected areas for the conservation of cultural heritage.
(4) the procedures for the granting of authorisations shall be conducted in accordance with the principles of publicity, transparency and competition.
Art. 12. The holder of the exploration permit has the exclusive right to carry out a study on the identification, characterization and assessment of a potential storage complex carbon dioxide.
Art. 13. (1) the authorisations granted for study and storage permits shall be published in the Official Gazette, published on the website of the Ministry of economy, energy and tourism and are announced in the Commons by the location of the object together with the list of coordinates of the border points of the area of the authorisation.
(2) permission for study and storage permits shall be recorded in the specialized maps and registers under art. 8, al. 2, item 3 within 7 days of their publication in the Official Gazette.
Art. 14. The rights and obligations deriving from authorisations granted for study and storage permits may not be transferred to third parties.
Section Ii
Study permit
Art. 15. (1) the information provided for the study area may not exceed:
1. on land – Hill 5. square. km;
2. the continental shelf and in the exclusive economic zone in the Black Sea-20 Hill. square. miles.
(2) upon detection of a potential storage complex, which is on the border of the area for study, the marketing authorisation holder shall be entitled to an extension of the area with the aim of an overall assessment of the potential storage complex, provided that the extension does not affect:
1. the rights of other holders, the granted under this Act, or 2. subsurface rights granted under the mineral resources Act or any other law, or 3. by law protected territories and objects, including protected areas for the conservation of cultural heritage.
(3) parts of the area under para. 1, which are studied and which are not established in parts of the potential storage complex, shall be exempt from the authorisation holder to study before any extension of the time limits referred to in art. 16, al. 3 and 4 under the conditions and procedures laid down in the authorisation for the study.
(4) the holder of the permit has the right at its discretion to exempt areas at the end of each year, subject to the conditions and procedures laid down in the authorisation for the study.
Art. 16. (1) for the issuance of a study permit application shall be filed in writing to the Minister of economy, energy and tourism, which contains:
1. name, registered office, address and registration data;
2. the name and location of the proposed exploration area defined by the coordinates of the points of the area;
3. a brief description of the objectives, the time limits for the initiation of research activities, the type, amount, duration, methods of study, and their value, as well as measures for the protection of the Earth and the environment, human health and cultural values;
4. the recommendations of the banking and other financial institutions, as well as by business partners;
5. a statement that the applicant has no monetary obligations to the State or to the municipality within the meaning of art. 162, para. 2 of the tax-insurance procedure code, established by an act of the competent authority, unless it is permitted or rescheduling deferment of obligations or commitments relating to the payment of social security contributions or taxes in accordance with the legal provisions of the country in which the applicant is established;
6. evidence of a required for carrying out the activities in technical capacity and financial capacity.
(2) a study permit shall be issued for a period up to 5 years.
(3) the time limit referred to in paragraph 1. 2 may be extended by two sequels to two years each under conditions and in accordance with procedures laid down in the authorisation for the study. A condition for any extension of the initial time limit was justified that rationale the study was carried out in accordance with the authorization and the authorization provided for in the period was inadequate for the completion of the study.
(4) If, before the end of the last extension under para. 3 the holder of the authorization for the study prove a potential storage complex carbon dioxide, the period of authorisation may be extended to one year, to enable the holder to assess his suitability for storage of carbon dioxide.
Art. 17. (1) the authorisation to study gives the holder an exclusive right for its own account and at their own risk within the boundaries of the area to:
1. carry out research activity aimed at the detection of a potential storage complex carbon dioxide;
2. assess the suitability of a geological formation for use as a place to store carbon dioxide through a characterisation and assessment of the potential storage complex and surrounding area pursuant to the criteria in annex 1;
3. has the advantage of getting permission to store, having received permission to store in law, provided that the survey is completed, all the conditions are complied with, authorization for research and the application for authorisation is submitted before the expiry of the period of authorisation of the study according to the time limit for its sequels, and prove that he possesses the necessary for carrying out the activities in technical capacity and financial capacity.
(2) the holder of the marketing authorisation for a survey is required to: 1. carry out all activities in the authorisation in accordance with the law and in accordance with the terms of the marketing authorisation for the study;
2. carry out monitoring of experimental injections when necessary and provided for in the authorisation;
3. notify the Minister of economy, energy and tourism for each discovery of a potential storage complex carbon emissions and to provide the necessary information;
4. lead the complete and detailed documentation of geological surveys and to distribute it in accordance with the law on mineral resources;
5. stop work temporarily and immediately notify the Minister of economy, energy and tourism upon detection of unique mineral formations, and upon detection of historical or archaeological finds that have signs of cultural values – and the Minister of culture.
Art. 18. (1) the authorisation of the study contains:
1. name, registered office and address of the holder and registration data;
2. the purpose of the authorisation, the coordinates and the size of the area;
3. the term of validity of the permit, the moment from which it starts to run and the conditions for its continuation;
4. the work programme, which contains the types, volumes, values and the time limits of the permission;
5. financial conditions, including the type and size of the liability for failure to fulfil an obligation under the permit;
6. the conditions and procedures for suspension and withdrawal of authorisation;
7. the conditions and procedures for the preparation and submission of projects, reports, raw data, documents and other information;
8. the conditions governing the rights to geological and other information obtained from the holder of the authorization at the time of the authorization;
9. terms and conditions for inspections;
10. the conditions for the protection of the Earth, the environment, protected areas, cultural values and human health;
11. terms and conditions for action in case of circumstances of force majeure;
12. other conditions.
(2) the permission to study and contain the obligation of marketing authorisation for the release of parts of the area to the State by the procedure of art. 15, para. 3 and 4.
Art. 19. the granting of exploration permits are refused when reasoned, endanger national security and defense of the country, the Earth and the environment, for human health and for protected territories and objects by law.
Section III
Permission to store carbon dioxide
Art. 20. (1) a permit for the storage of carbon dioxide shall be granted for a particular storage location.
(2) the granting of authorisations for the storage of carbon dioxide is refused when reasoned, endanger national security and defense of the country, the Earth and the environment, for human health and for protected territories and objects by law.
Art. 21. (1) upon granting an authorisation shall be set for the storage area which includes: 1. the area of the complex of storage and
2. areas necessary for carrying out the activities referred to in the authorization, outside storage.
(2) the boundaries of the area of the authorization shall be entered in the specialized maps under this law.
Art. 22. the authorisation for storage include:
1. name, registered office and address of the marketing authorisation and registration data;
2. the exact location and boundaries of the place of storage and the complex of storage and information on the hydraulic unit;
3. requirements for conservation activities, the total quantity of carbon dioxide, which is allowed to be stored in geological formation, the limit values of the pressure in the reservoir and maximum speeds and pressure at the injection;
4. the requirements for the composition of the flow of carbon dioxide and the procedure for adopting the flows of carbon dioxide and, if necessary, further requirements for injection and storage, in particular in order to prevent significant irregularities;
5. the approved monitoring plan, the obligation to implement the plan and requirements for updating it, as well as reporting requirements;
6. the requirement to notify the Minister of economy, energy and tourism and the Minister of environment and water in the event of leaks or significant irregularities, the approved corrective measures plan and the obligation to implement the corrective measures plan in case of leaks or significant irregularities;
7. the conditions for closure and the approved provisional plan for the period after closure;
8. provisions on changes, review, updating or withdrawal of authorisation for storage;
9. the requirements for the granting and maintenance of financial security or any other equivalent measure;
10. other terms and conditions in accordance with this law.
Art. 23. the authorization granted for storage of the operator for its own account and at their own risk to undertake all necessary activities related to the injection and storage of carbon dioxide, in accordance with the terms of the authorization.
Art. 24. The operator must:
1. carry out all activities in accordance with the law and permit;
2. inform the Minister of economy, energy and tourism for any intended change in the operation of the storage space, including changes related to the operator;
3. suspend the work and notify immediately the Minister of economy, energy and tourism upon detection of unique mineral formations, and upon detection of movable cultural property, and the Minister of culture.
Art. 25. (1) the authorisation is granted for a period of up to 30 years.
(2) the Minister of economy, energy and tourism update permission for storage or issued new with significant change.
(3) the Minister of economy, energy and tourism, reviewed and, where necessary, issue an updated authorization for storage or takes the permission for storage in the cases under art. 82, para. 1.
(4) the Minister of economy, energy and tourism update permission for storage or issued new after the entry into force of the decision on the environmental impact assessment or a decision is considered to be not carried out such an assessment, in accordance with the law on the protection of the environment.
Art. 26. the application to the Minister of economy, energy and tourism for granting authorisations for storage include:
1. name, registered office, address of the applicant and the registration data in the corresponding register;
2. evidence of a required for carrying out the activities in technical capacity and financial capacity;
3. a declaration that the applicant has no monetary obligations to the State or to the municipality within the meaning of art. 162, para. 2 of the tax-insurance procedure code, established by an act of the competent authority, unless it is permitted or rescheduling deferment of obligations or commitments relating to the payment of social security contributions or taxes in accordance with the legal provisions of the country in which the applicant is established;
4. characteristics of the place of storage and the storage complex and an assessment of the expected level of safety;
5. the total quantity of CO2 to be injected and stored as well as the sources and methods provided for transmission, the composition of the flows of carbon dioxide, the speeds and pressures in the injection and the location of injection facilities;
6. Description of the measures to prevent significant irregularities;
7. a proposal for a monitoring plan;
8. a proposal for a plan of remedial measures;
9. a proposal for a provisional plan for the period after closure;
10. Description of the measures envisaged to reduce and prevent significant risks of storing carbon dioxide, as well as to restore the effects of significant irregularities;
11. proof that financial collateral under art. 74 will be valid and effective before proceeding to injection;
12. entry into force of the decision on the environmental impact assessment or a decision is considered to be not carried out such an assessment, in accordance with the law on the protection of the environment.
Section IV
The granting of permission to survey and permission to store
Art. 27. (1) a study permit and permission for storage are provided through competition.
(2) permission for storage of carbon dioxide is provided on the right of the holder of the exploration permit under the conditions of art. 54.
Art. 28. (1) the Procedure for the granting of permission for study or the permission to store opens in consultation with the competent Ministers to protect the national security and defense of the country, protected by law, including the territories and objects protected areas for the conservation of cultural heritage.
(2) the Minister of economy, energy and tourism requires the opinion of the authorities referred to in para. 1 within 14 days of receipt of the application.
(3) the bodies referred to in para. 1 provide an opinion within 14 days of receipt of the request. Failure to submit an opinion of the authorities referred to in para. 1 in this period is considered the consultation without notes.
(4) the opening of the procedure for granting permission for study or permission for storage shall be declared in the Commons on the location of the object together with the list of coordinates of the border points of the area of the authorisation.
Art. 29. (1) a competition for granting permission for study or the permission to store opened by order of the Minister of economy, energy and tourism, within three months from the filing of the application, except in the cases under art. 11, para. 2 or 3, as with negative opinions of the competent Ministers under art. 28, para. 1. The refusal is not subject to appeal through the courts.
(2) the Minister of economy, energy and tourism sent the application for the granting of permission to store the information of the European Commission within one month of receipt of the request.
Art. 30. (1) the order of the Minister of economy, energy and tourism for the opening of a competition for granting permission for the study or the permission to store carbon dioxide contain: 1. the object of the authorisation;
2. the term of validity of the permit;
3. the time limit for conducting the competition;
4. the period within which documents are accepted for participation in the contest;
5. the amount of the deposit and the period within which it must be paid;
6. the way of financial collateral and the minimum amount of funds;
7. the deadline for buying the competition documentation, which may not be shorter than 120 days and longer than 180 days from the date of publication of the decision;
8. other terms and conditions of the contest.
(2) the order for the opening of the competition shall be published in the Official Gazette and shall be published on the website of the Ministry of economy, energy and tourism.
Art. 31. (1) for the Organization and carrying out of the competition the Minister of economy, energy and Tourism shall appoint the Committee.
(2) the Commission shall consist of an odd number of members, including the President, and includes representatives of the Ministry of economy, energy and tourism, the Ministry of finance, the Ministry of environment and water and the administration of the Council of Ministers. The majority of the composition of the Commission cannot be formed by representatives of one Office.
(3) in order for the appointment of the Commission shall indicate the alternate for each of the principals. The holder of a certain Office shall be replaced only by a reserve member of the same Office. The replacement article replaces the holder if the holder to participate in the meeting of the Commission or upon his release pursuant to para. 6. (4) may not participate as a member of the Commission or as an alternate person who: 1. are claims by the granting of the marketing authorisation for study or for storage;
2. the person is associated within the meaning of the law on the prevention and the establishment of a conflict of interest with the applicant or participant in the procedure or with the members of their decision-making or supervisory authorities.
(5) the members of the Commission are obliged within three days, by: 1. receipt of the order on the appointment of the Commission to submit a declaration under para. 4, item 1;
2. becoming aware of the fact that in the procedure for granting permission for study or for storing part related person, to submit a request for exemption from the composition of the Commission;
3. the occurrence of a change in circumstances referred to in paragraph 1 or 2 may submit a declaration, respectively – a request for exemption from the composition of the Commission.
(6) the Minister of economy, energy and tourism released a member of the Commission to: 1. Declaration of claims;
2. the request for an exemption from the composition of the Commission;
3. the presence of other cases in which, for objective reasons, the Commissioner is unable to perform his duties.
Art. 32. the Chairperson of the Commission may attract employees as consultants or external experts. The consultants are appointed by order of the Minister of economy, energy and tourism, on the proposal of the President of the Commission. The provisions of art. 31, para. 4-6 shall apply accordingly for the consultants.
Art. 33. (1) the members of the Commission and of the associated consultants shall be paid remuneration in an amount to be determined by the order of their appointment.
(2) the funds for the salaries of the members of the Commission, as well as referrals to it consultants are provided from the proceeds of the participation fees and funds from the sale of competitive documentation.
Art. 34. (1) the Commission shall meet at least a two-thirds quorum of composition by adopting its decisions by simple majority of those present.
(2) For each meeting of the Commission shall draw up a report.
(3) the decisions of the Commission shall be motivated and be reflected in the minutes.
(4) the minutes shall be signed in duplicate of all present at the meeting. Signing with dissenting opinion of a member of the Commission shall be recorded in the minutes, to which apply the written reasons for the particular post.
Art. 35. (1) the members of the Commission, employees engaged in maintenance, and the consultants are required to protect the secret of the in relation to the procedure for which information shall sign a declaration.
(2) during the conduct of the procedure, the persons referred to in para. 1 can not make statements related to the conduct of the procedure to the mass media.
Art. 36. (1) the Commission under art. 31:1. draw up and propose for approval by the Minister of economy, energy and tourism project of the concourse dossier;
2. arrange the storage of applications for participation in the competition and of the proposals;
3. allow to or removed from the candidates in the competition;
4. gives explanation on the competition documentation and provide additional information or documents;
5. examine and evaluate proposals and qualified participants in the contest;
6. where necessary, may require more work time documents establishing the accuracy of the information provided by applicants or participants;
7. adopt rules for his work.
(2) in the competition documentation define the minimum requirements for the technical capacity and financial capacity of the applicants.
Art. 37. (1) the competition documentation under art. 36, para. 1 paragraph 1 shall contain at least: 1. a copy of the order for the opening of the procedure for granting permission for study or for storage;
2. geological information about the area for study or for storage and card (circuit) of the area in an appropriate scale with designated numbering of the characteristic points and their coordinates in system "1970";
3. the requirements concerning the presentation of the application and the documents referred to in art. 39, para. 2 and 3, as well as documents on the model in accordance with the documentation;
4. minimum requirements for the technical capacity and financial capacity of applicants;
5. competition conditions, including requirements for the development of the various criteria for the evaluation of the proposals and documents which prove in cases when such are required;
6. rules for the conduct of the competition, including time limits for submission of requests for clarifications on the competition documentation;
7. the methodology for the evaluation of the proposals.
(2) To the competition documentation shall apply: 1. a draft permit for study or for storage;
2. the samples of the Declaration on the protection of secret information contained in the documentation, as well as all other declarations certifying the absence of circumstances excluding the possibility of participation in the contest;
3. models of the application and of the proposal;
4. other documents and samples at the discretion of the selection board should be included in the competition documentation.
Art. 38. an application for the competition may submit any purchased the competition documentation person interested.
Art. 39. (1) the candidates for participation in the contest for the granting of permission for study or the permission to store carbon dioxide shall submit a written application to participate in the competition of the Bulgarian language in accordance with the requirements laid down by the order of initiation.
(2) the application for participation in the contest shall be submitted: 1. a copy of the registration document or a single identification code according to art. 23 of the law on the commercial register, if the applicant is a legal person or sole proprietor, or a copy of the ID, where the applicant is a natural person;
2. the statement of annual accounts for the last three years, depending on the date on which the applicant is established;
3. proof of purchased competition documentation submitted a deposit and pay the participation fee;
4. Declaration on the protection of secret information contained in the documentation;
5. the recommendations of the banking and other financial institutions, as well as by business partners;
6. a statement that the applicant has no monetary obligations to the State or to the municipality within the meaning of art. 162, para. 2 of the tax-insurance procedure code, established by an act of the competent authority, unless it is permitted or rescheduling deferment of obligations or commitments relating to the payment of social security contributions or taxes in accordance with the legal provisions of the country in which the applicant is established;
7. Declaration by the Manager or by the members of the governing body of the applicant that are not convicted of crimes against property, farm, financial, tax or social security system, for crimes in Office or for a bribe, as well as for offences relating to participation in a criminal group.
(3) the application for participation in the competition shall apply: 1. a notarized power of Attorney in the event that the applicant is represented by proxy;
2. a statement signed by a person with power of representation, for authentication of Bank, Bank branch and bank account to be reimbursed by the applicant paid a deposit to participate in the procedure;
3. evidence for existence of authentication required technical capacity and financial capacity.
Art. 40. (1) the application for participation in the contest and the annexes thereto shall be submitted to the Ministry of economy, energy and tourism within the time limit set by the opening of the competition.
(2) we do not accept applications for participation in the competition, which are submitted after the deadline.
(3) the application for participation in the contest and the annexes thereto shall be submitted in a sealed envelope marked with "application for participation in competition", with an indication of the subject of the contest. On the envelope, the applicant shall indicate the mailing address, telephone and fax, and email address.
(4) on the envelope what officer shall accept it, notes the serial number, the date and time of acceptance, and then transmits it against the signature of a member of the Commission. The Commission shall keep a register in which shall be described in applications for participation in the order of their submission.
Art. 41. In the competition do not allow for the person: 1. who has not fulfilled obligations to the State or a municipality within the meaning of art. 162, para. 2 of the tax-insurance procedure code, established by an act of the competent authority, unless it is permitted or rescheduling deferment of obligations or commitments relating to the payment of social security contributions or taxes in accordance with the legal provisions of the country in which the applicant is established;
2. that a Manager or member of the governing body, and in the event that a member of the governing body shall be a legal person – his representative in the governing body, was convicted by a final judgment for crimes against property, farm, financial, tax or social security system, for crimes in Office or for a bribe, as well as for offences relating to participation in a criminal group;
3. that has not given consent to protect the secret of the information contained in the documentation;
4. which is not a given consent with the previously announced terms of the competition and the rules for its implementation;
5. which is not submitted in accordance with the requirements in the competition documentation evidence to verify availability of minimum technical capacity and financial capacity;
6. which is not purchased, not the competition documentation was submitted by the designated deposit and is not paid the participation fee;
7. the application form or the attached documents do not comply with the requirements of this Act and of the competition documentation.
Art. 42. (1) applications for the contest with attached documents can be opened and examined by the Commission within 30 days of the expiry of the time limit for their submission.
(2) the Commission shall act in compliance with the conditions set out in the documentation requirements and the necessity of giving a deadline for elimination of deficiencies or irregularities committed, indicating precisely their type.
(3) in the event of irregularities or deficiencies the Commission draws up and sends the notification to the applicant, which contains precise instructions and deadline for their removal, which may not be less than 7 days, as in these cases, the period referred to in para. 1 is extended with a time limit fixed by the Commission for the Elimination of deficiencies and/or incompleteness.
Art. 43. (1) the Commission shall adopt a decision about the admission to the contest or to refuse the applicant to be admitted to the contest. The President of the Commission shall notify the applicants and the participants of the decisions adopted.
(2) notification of the candidates in the competition and the removal is doom to be subject to the signature of the applicant, respectively, or to his authorized representative, or by sending a letter with acknowledgement of receipt, or by fax. The notification can be made by e-mail, specified when buying the competition documents for participation in the application for participation. When sending via email notification is deemed to be served with his entry in the system and is certified with a copy of the electronic record.
(3) the Commission refused to allow participation in the contest an applicant who does not resolve the deficiencies within the term under art. 42, para. 3 or the information is incorrect.
(4) refusal of admission to the competition is subject to appeal under the administrative code.
(5) Competition is held and where there is only one application submitted for participation or participation in the contest to be allowed only one participant.
Art. 44. (1) the Commission completes its work with: 1. preparation of a protocol for the ranking of the participants in the contest, or 2. Protocol, stating that no admitted to participate in the procedure.
(2) the protocols referred to in para. 1 shall be drawn up in two copies, one of which is attached to the file of the proceedings.
(3) pending the completion of the procedure documentation collected in the course of her, shall be kept by the President of the Commission.
(4) within three working days of completing the work of the Commission, the President shall forward her documentation under para. 3 for archiving.
Art. 45. The participants presented a proposal in a sealed opaque envelope, in accordance with the tender conditions.
Art. 46. (1) the proposal of the listed Contest participants shall contain: 1. the developments in the criteria forming the complex evaluation of the proposal;
2. other developments in the implementation of the conditions set out in the tender documentation;
3. the proposal for a programme of work for the study or for storage in accordance with the developments referred to in paragraph 1 and 2.
(2) the proposal referred to in paragraph 1. 1 shall apply:
1. a declaration of origin of funds under art. 4, al. 7 and under art. 6, al. 5, item 3 of the law on measures against money laundering;
2. documents certifying the fulfilment of the criteria, forming integrated assessment;
3. privacy policy for some of the information in the proposal, representing commercial or technical secrets of the participant protected as appropriate;
4. other documents specified in the tender documentation;
5. a list of annexes to the proposal.
Art. 47. the Commission opens the proposals of the participants in the order of their receipt and verify their conformity with the inventory applications and with the requirements of the law and the competition documentation. Discrepancies are reflected in the report of the Commission. The Commission shall require their elimination within a specified period of time.
Art. 48. (1) after the opening of the members of the Commission's proposals are introduced to their content prior to the meeting for consideration and assessment.
(2) the Commission shall examine and evaluate the proposals contained in the methodology for assessing the competition documentation within 14 days of the expiry of the period for the submission of proposals.
Art. 49. (1) in consideration of the proposals the Commission may at any time: 1. verify the stated circumstances and the correctness or authenticity of the documents attached, including through an official request to the competent authorities;
2. required within a specified period of additional evidence of the circumstances referred to in the proposal, or removal of technical incompatibilities.
(2) in the cases referred to in para. 1 participants or the competent authorities provide information requested by the Commission within 7 days of receipt of the request.
(3) technical discrepancies and Removed the additional evidence become an integral part of the proposal, as they cannot amend or complement the proposal on the development of the various criteria for the evaluation of the proposal.
Art. 50. (1) within 14 days of the expiry of the period for the submission of proposals, the Commission classifies the participants in accordance with contest requirements.
(2) on the basis of the classification in the Al. 1 Minister of economy, energy and Tourism shall submit to the Council of Ministers for approval a draft permit for:
1. study-within one month of the ranking of the participants;
2. storage – within 5 months of the ranking of the participants.
(3) the Minister of economy, energy and tourism provides the European Commission with all documentation, including documentation for the procedure under art. 26, 37, 45 and 46, and the draft authorisation under paragraph 1. 2, item 2, for opinion.
(4) the Minister of economy, energy and Tourism shall submit to the Council of Ministers the draft authorisation under paragraph 1. 2, item 2 within one month after receipt of the notification by the European Commission, that the Commission is not to provide an opinion, or after obtaining the opinion of the European Commission.
Art. 51. (1) the Council of Ministers shall approve the Minister of economy, energy and tourism project of the exploration permit, when all regulatory requirements are met.
(2) the Council of Ministers, having regard to the opinion of the European Commission under art. 50, para. 4, if any, shall approve the draft authorisation for storage when: 1. all regulatory requirements are met;
2. the winning contest participant is financially stable and technically competent and reliable to operate and control the place, and when Nick and his entire staff involved with the authorization is assured a professional and technical training and up-skilling;
3. when more than one storage location in a hydraulic unit pressure possible interactions are such that both places at the same time can meet the requirements of the law.
(3) the Minister of economy, energy and tourism issued permission to store and forward it to the European Commission.
Art. 52. (1) the Minister of economy, energy and tourism refuses to issue a permit for study in the cases under art. 11, para. 2. (2) the Minister of economy, energy and tourism refuses to issue a permit for storage: 1. identification of violations under art. 11, para. 3;
2. failure to comply with the conditions under art. 51, para. 2.
Art. 53. The contest for granting permission for study or for granting permission for storage shall be terminated by order of the Minister of economy, energy and tourism, where: 1. There is no application or proposal;
2. you will not allow the candidate;
3. no proposal does not meet the requirements of the order for the opening of the contest and/or published with the contract conditions;
4. render unnecessary the holding of the competition as a result of circumstances not foreseen or could not have been foreseen when issuing an order of initiation;
5. establish violations in opening or conduct of the contest, which cannot be removed without affecting the conditions under which the procedure is declared;
6. the winning bidder and ranked second and third place players consistently refuse the authorisation.
Section V
Procedure for the granting of storage permits carbon dioxide in law
Art. 54. (1) for granting permission to store in law shall be filed in writing an application to the Minister of economy, energy and tourism by the holder of the exploration permit under the conditions of art. 17, al. 1, item 3.
(2) within one month of receipt of the application referred to in paragraph 1. 1 Minister of economy, energy and tourism sent it for information to the European Commission and publish a notice in the Official Gazette and on the website of the Ministry of economy, energy and tourism.
(3) the Minister of economy, energy and tourism doesn't allow during the procedure for the granting of permission for storage and for the duration of the residence permit issued for storage of carbon dioxide to be used by others for study for potential storage complex carbon dioxide for storage of carbon dioxide, to grant rights under the mineral resources Act or for other incompatible uses of the complex.
Art. 55. (1) the Authorisation for storage is provided on the right of the applicant, when after the expiration of one month from the publication of a notice of impending provision in the Official Gazette and on the website of the Ministry of economy, energy and tourism are not incoming applications under art. 26 of the other candidates.
(2) permission for storage is provided through a competition by the deadline referred to in paragraph 1. 1 filled and other applications for the granting of permission for storage.
Art. 56. (1) the Minister of economy, energy and Tourism shall assess the legality of the application for the grant of authorisation for storage of law under the conditions of art. 20, para. 2.
(2) the refusal to open the procedure for granting an authorisation for storage of law subject to appeal pursuant to the administrative code.
(3) the Minister of economy, energy and tourism after the expiry of the time limit under art. 55, para. 1 provides for an opinion to the European Commission a reasoned proposal for the granting of permission for storage and the draft authorisation for storage of carbon dioxide.
(4) the Minister of economy, energy and Tourism shall submit to the Council of Ministers the draft storage permit in law within one month after receipt of the notification by the European Commission, that the Commission is not to provide an opinion, or after obtaining the opinion of the European Commission.
(5) the Council of Ministers approved the draft storage permit, taking into account the coverage by the Minister of economy, energy and tourism and the opinion of the European Commission under para. 4.
(6) the Minister of economy, energy and tourism issued permission to store carbon dioxide under the conditions of art. 51, para. 2.
(7) with the permission of storage shall be determined and the requirements relating to national security, the defence of the country, the protection of the Earth, the environment, human health, protected by law territories and objects, as well as other requirements according to the nature of the authorisation.
(8) the authorisation for storage may be appealed pursuant to the administrative code within 14 days after its publication in the Official Gazette.
Art. 57. the Minister of economy, energy and tourism sent the European Commission issued permission to store on the right.
Chapter four
DUTIES DURING OPERATION, CLOSURE AND POST CLOSURE OF THE STORAGE OF CARBON DIOXIDE
Section I
Criteria and procedure for the adoption of the flow of carbon dioxide
Art. 58. (1) the flow of carbon dioxide cannot be added waste or other materials with a view to their disposal.
(2) the flow of carbon dioxide may contain adventitious substances originating from the source or from the process of capture or injection, as well as for tracking, added to facilitate the monitoring and verification of the migration of carbon dioxide.
(3) the concentration of all adventitious and added substances may not exceed the level above which they would:
1. affect the integrity of the storage or the transmission system operator;
2. giving rise to a significant risk to the environment or to human health, or
3. violate the requirements of the applicable legislation.
(4) the operator of storage space is required to:
1. adopts and inject carbon dioxide streams only if it has been carried out an analysis of the composition, including corrosive substances, of flows, as well as an assessment of the risk, and if the risk assessment has shown that pollution levels are in accordance with the conditions set out in para. 1;
2. keep a register of the quantities and the quantities delivered and the properties of the injected carbon dioxide flows, including their composition.
Section II
Monitoring
Art. 59. the operator of storage monitors the injection facilities, the storage complex (including where possible the CO2 plume), and of the environment in order to:
1. a comparison of actual and predicted behaviour of carbon dioxide and water in the case of laminated storage space;
2. the establishment of significant irregularities;
3. determination of migration of CO2;
4. determination of the leakage of CO2;
5. the establishment of significant adverse effects on the environment, including water, to human health or to the users of the biosphere;
6. assessment of the effectiveness of the corrective measures;
7. update of the assessment of the safety and integrity of the storage complex in the short and long term, including an assessment of whether the stored CO2 will be completely and permanently detained.
Art. 60. (1) the monitoring shall be based on a monitoring plan, drawn up by the operator for storage in accordance with the requirements in accordance with Annex 2.
(2) the plan referred to in paragraph 1. 1 includes a detailed description of the monitoring in accordance with those established by the Environmental Protection Act guidelines and approved by the Minister of economy, energy and tourism.
(3) the plan referred to in paragraph 1. 1 is updated in accordance with the requirements in accordance with Annex 2.
(4) the plan referred to in paragraph 1. 1 must be updated every five years, based on changes in the assessment of the risk of leakage, the changes in the assessment of the risk to the environment and human health, as well as the latest scientific knowledge and achievements of the best available technologies.
(5) the updated plan shall be approved by the Minister of economy, energy and tourism.
Section III
Reporting on the part of the operator, the storage of carbon dioxide
Art. 61. Periodically in the time limit set in the authorisation for storage, and in any case at least once a year, the operator of storage space provided with the report of the Minister of economy, energy and tourism:
1. all monitoring results during the reporting period, including information on the technology used for monitoring;
2. the quantities of purchased and injected carbon dioxide flows during the reporting period, including the composition of these flows recorded in the register under art. 58, para. 4, item 2;
3. evidence for the provision and maintenance of financial collateral under art. 74;
4. any other information that the Minister of economy, energy and tourism deems necessary to evaluate compliance with the conditions of the marketing authorisation for storage and for filling in the knowledge about the behavior of CO2 in the storage space.
Section IV
Checks
Art. 62. (1) the Minister of economy, energy and tourism and the Minister of environment and water create a system for periodic and extraordinary inspections of all storage complexes for compliance with the requirements of the law and monitoring the effects on the environment and to human health.
(2) the checks include visits to ground-based installations, including the injection facilities, assessing the injection and activities operator monitoring and verification of all documentation, led by operator.
(3) periodic inspections are carried out annually during the first three years after the closure of the storage space and every 5 years, as long as the responsibility is transferred to the Minister of economy, energy and tourism.
(4) checks at al. 3 cover the relevant injection and monitoring facilities as well as all the consequences for the environment and for human health of the storage complex.
(5) Emergency inspections shall be made:
1. when reported to the Minister of economy, energy and tourism and/or to the Minister of environment and water for leaks or significant irregularities;
2. If the reports referred to in art. 61 show insufficient enforcement of the conditions of the authorization or the presence of prerequisites for the emergence of a hazard to the environment and human health;
3. for the investigation of serious complaints related to the environment or human health;
4. where the Minister of economy, energy and tourism and/or the Minister of environment and waters it considers this appropriate.
Art. 63. (1) After each check the Minister of economy, energy and tourism and/or the Minister of environment and water or authorised by them officials draw up a report on the results of the check.
(2) the report shall assess the implementation of the requirements of the law and whether additional measures are necessary.
(3) within two months after the inspection report shall be provided to the affected operator of storage space and is published on the Internet pages of the Ministry of economy, energy and tourism and the Ministry of environment and water.
Section V
Measures in case of significant irregularities or leaks
Art. 64. (1) in the event of leaks or significant irregularities, the operator shall immediately notify the Minister of economy, energy and tourism and take the necessary corrective measures, including measures for the protection of human health.
(2) in the event of leaks or significant irregularities that give rise to the risk of leakage, and the operator shall notify the Minister of environment and water.
(3) the remedial measures referred to in paragraph 1. 1 shall be taken in accordance with the plan of remedial measures, approved by the Minister of economy, energy and tourism.
Art. 65. (1) the Minister of economy, energy and tourism and/or the Minister of environment and waters may at any time request the operator to take the necessary corrective measures, and measures for the protection of human health.
(2) the measures referred to in paragraph 1. 1 can complement or differ from those specified in the remedial action plan.
(3) the Minister of economy, energy and tourism and/or the Minister of environment and waters may at any time take corrective measures.
(4) if the operator fails to take the necessary corrective measures, the authorities referred to in para. 3 take appropriate corrective measures.
(5) the operator recovers the costs incurred by the authority under para. 3, including through the use of financial collateral under art. 74.
Section VI
Obligations upon closing and during the period after the closure of the storage of carbon dioxide
Art. 66. (1) the place of storage: quits
1. If you are not satisfied the conditions laid down in the permit conditions;
2. at the substantiated request of the operator, or
3. after the withdrawal of authorisation for storage in the decision to close.
(2) After the closing of the storage operator is responsible for monitoring, reporting, and corrective measures for the sealing of the storage site and the removal of the injection facilities.
(3) the operator shall be responsible for all obligations relating to the return of emission allowances in the event of expiry, in accordance with the law on environmental protection, and preventive and remedial measures in accordance with the law on the responsibility for the prevention and remediation of environmental damage.
(4) the operator shall be responsible under para. 2 and 3 to the transfer of responsibility for the storage of the Minister of economy, energy and tourism by the procedure of art. 67 and 68.
(5) the obligations under para. 2 and 3 are implemented on the basis of the plan for the period after closure, prepared by the operator in accordance with best practice and in accordance with the criteria referred to in annex No. 2.
(6) the provisional plan for the period following closure shall be approved by the Minister of economy, energy and tourism. Before closing the interim storage plan, for the period after closure:
1. updated if necessary, having regard to the risk analysis, best practices and technological improvements;
2. submit to the Minister of economy, energy and tourism for approval.
(7) after the closing of the storage space, the Minister of economy, energy and tourism is responsible for:
1. monitoring and corrective measures;
2. all the obligations associated with the return of emission allowances in the event of a battery leak, under the environmental protection act;
3. preventive and remedial measures in accordance with the law on the responsibility for the prevention and remediation of environmental damage.
(8) the requirements for the period following closure shall be carried out by the Minister of economy, energy and tourism on the basis of the provisional plan for the period after the closure of Pará. 5, which is updated as necessary.
(9) the operator recovers the costs incurred by the Minister of economy, energy and tourism in connection with the measures referred to in paragraph 1. 4, including through the use of financial collateral under art. 74.
Section VII
Transfer of responsibility
Art. 67. (1) when closing a place to store all the obligations relating to monitoring and corrective action, with the return of emission allowances in the event of a leak under the environmental protection act and with preventive and remedial measures in accordance with the law on the responsibility for the prevention and remediation of environmental damage shall be transferred to the Minister of economy, energy and tourism, either on his own initiative or at the request of the operator If the following conditions are met:
1. all the available evidence indicates that the stored CO2 will be completely and permanently retained;
2. expired is the period of time specified by the Minister of economy, energy and tourism, but not shorter than 20 years, unless the Minister of economy, energy and Tourism notes that the condition referred to in paragraph 1 is fulfilled before expiry of that period;
3. financial obligations are met;
4. storage space is sealed and the injection facilities have been moved.
(2) the operator shall draw up a report on the implementation of the condition under paragraph 1. 1, item 1 and submit it to the Minister of economy, energy and tourism for approval and transfer of responsibility. The report shall contain at least the information:
1. correspondence between the real and modeliranoto behavior of the injected carbon dioxide;
2. lack of leaks, which should be established;
3. that storage space is undergoing development into a State of long-term stability.
(3) in the event of conditions under para. 1 Minister of economy, energy and tourism operator sends a reasoned notification.
Art. 68. (1) the Minister of economy, energy and tourism, the conditions under art. 67, para. 1, and submit to the European Commission for an opinion:
1. the report referred to in art. 67, para. 2 within one month after receipt of the request;
2. a preliminary draft of an order for transfer of responsibility;
3. other related materials taken into account in the preparation of the project referred to in paragraph 2.
(2) the order under paragraph 1. 1, paragraph 2, lays down the method by which established the conditions under art. 67, para. 1, item 4, the amount of the financial contribution referred to in art. 76, as well as any updated requirements for the sealing of the storage site and the removal of the injection facilities.
(3) the Minister of economy, energy and tourism within one month after receipt of the notification by the European Commission, that the Commission is not to provide an opinion, or after obtaining the opinion of the European Commission shall submit to the Council of Ministers for approval a draft of an order for transfer of responsibility.
(4) the Minister of economy, energy and tourism issued an order for the transfer of responsibility and shall notify the European Commission of the order and, in the case that it is not consistent with the opinion of the European Commission, and stating the reasons for this.
(5) the order under paragraph 1. 4 shall be given to the operator.
Art. 69. (1) After the transfer of responsibility provided for under art. 62, para. 3 periodic inspection shall be terminated, and monitoring may be reduced to levels that allow the establishment of significant irregularities or leakages.
(2) in establishing the leaks or significant irregularities monitoring is brought to a level necessary to assess the scale of the problem and the effectiveness of corrective measures.
Art. 70. at the fault of the operator, including the submission of incomplete data, concealment of relevant information, negligence, deliberate deception, or default, the former operator recovers the Minister of economy, energy and tourism costs after the transfer of responsibility. After the transfer of responsibility shall not be reimbursed for other expenses.
Art. 71. at the close of storage liability is deemed to be transferred, if and when all available evidence indicates that the stored CO2 will be completely and permanently detained after sealing the storage and moving equipment for injection.
Chapter five
FINANCIAL CONDITIONS
Art. 72. When submitting applications under art. 29, para. 1 and art. 39, para. 1. fees shall be paid
Art. 73. (1) fees under art. 72 shall be determined with the tariff adopted by the Council of Ministers.
(2) the amounts under art. 72 entering in the budget of the Ministry of economy, energy and tourism and be expended to cover the costs of the provision of study permits and permits for storage under this law.
Art. 74. (1) the technical liquidation activities, conservation and reclamation of geological objects and objects for storage, as well as the fulfilment of all the obligations under the licences issued in accordance with this law permits shall be made on behalf of the holders of authorisations.
(2) the holder of the authorization shall provide financial security for the performance of the activities referred to in para. 1 by: 1. presenting the unconditional bank guarantee, breaking even issued in favour of the Minister of economy, energy and tourism;
2. opening a trust account in a bank designated by the holder of the permit and acceptable to the Minister of economy, energy and tourism;
3. the simultaneous implementation of the means referred to in paragraph 1 and 2.
(3) the method of financial collateral and the minimum amount of funds shall be determined by the order of the Minister of economy, energy and tourism of initiation and are an essential element of the authorisation.
(4) financial collateral provided by the operator of storage, should ensure the implementation of all the obligations arising from:
1. a permit, including requirements for closing and during the period after closure;
2. the inclusion of the storage space in the scope of the environmental protection act.
(5) the financial guarantee must be a valid and effective before the start of the injection of carbon dioxide storage.
Art. 75. (1) the financial collateral under art. 74, para. 3 shall be provided for each year of the duration of the authorisation. The specific amount of the security shall be determined on the basis of the actions envisaged in the overall design for study or for storage, and in accordance with the approved schedule for their implementation.
(2) the change in the size and/or partial relief of the financial collateral shall be made after acceptance of the underlying AI activities. 1 subject to the conditions and in the order specified in the authorization.
(3) the funds in the financial collateral may not be subject to enforcement.
(4) financial collateral provided by the vendor of the storage space, is periodically updated to take account of changes in the assessment of the risk of leakage and the estimated costs of all obligations arising out of the authorization, as well as any obligations arising from inclusion of the storage space in the scope of the environmental protection act.
Art. 76. (1) the operator of storage space makes a financial contribution for the benefit of the Ministry of economy, energy and tourism before the transfer of responsibility pursuant to art. 67 and 68.
(2) the amount of the financial contribution is provided by the operator of the place of storage, such as in determining the size taking into account the criteria referred to in annex No. 1 and items relating to the history of the storage of carbon dioxide, which are relevant to the determination of the obligations after the transfer of responsibility and cover at least the expected costs of monitoring for a period of 30 years.
(3) the Minister of economy, energy and Tourism accepts the proposed financial contribution referred to in paragraph 1. 2 if it is prepared in accordance with the criteria listed in annex 1 and covers fully the expected cost in the monitoring for a period of 30 years.
(4) the financial contribution referred to in paragraph 1. 1 can be used to cover the costs incurred by the Minister of economy, energy and tourism after the transfer of responsibility to ensure that the carbon dioxide is completely and permanently detained in places of storage in geological formations after the transfer of responsibility.
Art. 77. in the early termination of the permission for study or for storing financial collateral is transferred entirely to the Ministry of economy, energy and tourism and is used for the implementation of activities under art. 74, para. 1.
Art. 78. (1) where at the date of termination of the authorisation of the financial collateral amount does not fully cover the actual cost of activities necessary for the implementation of art. 74, para. 1, the difference up to the full amount of the required amount is charged to the holder of the permit or operator of the storage space.
(2) where at the date of termination of the authorisation, the amount of the financial collateral exceeds the actual value of the required implementation activities under art. 74, para. 1 after their completion, the difference in more releases in favor of the holder of the permit or operator of the storage space.
(3) financial collateral provided by the vendor of the storage space is valid after:
1. close the storage space in accordance with art. 66, para. 1, item 1 or 2, to the transfer of responsibility for the place of storage of the Minister of economy, energy and tourism by the procedure of art. 67 and 71;
2. the withdrawal of authorisation for storage by the procedure of art. 82 – to the issue of a new authorisation for storage or when the site is closed pursuant to art. 66, para. 1, item 3 – the transfer of responsibility pursuant to art. 67, provided that they have fulfilled financial obligations under art. 76.
Chapter six
ACCESS OF THIRD PARTIES
Art. 79. (1) for the purpose of storage in geological formations of the generated carbon dioxide entrained and potential users of transmission networks and storage sites could gain access to them.
(2) access under para. 1 shall be provided in a transparent and non-discriminatory manner, taking into account:
1. the storage capacity that already exists or can be provided in the places of storage and transmission capacity that already exists or can be provided accordingly;
2. the share of the State's obligations to cut carbon emissions under the international legal instruments and the law of the European Union that it intends to meet through carbon capture and storage of CO2 in geological formations;
3. the need to refuse access where there is an incompatibility of technical specifications which cannot be reasonably overcome;
4. the need to respect the duly substantiated reasonable needs of the owner or operator of the storage site or of the transmission network and the interests of all other users of the services of storage, the network, or the relevant processing or handling facilities who may be affected.
(3) transmission system operators and operators of storage sites may refuse access on the basis of lack of capacity. The refusal is refused.
(4) the operator refused access on the basis of lack of capacity or a lack of connection, performs all necessary enhancements as far as it is cost-effective or when a potential customer is willing to pay for them, as long as it has no negative consequences for the environmental security of CO2 transport and storage in geological formations.
Chapter seven
TERMINATION OF AUTHORISATION AND SETTLEMENT OF DISPUTES
Section I
Termination
Art. 80. (1) the rights acquired on the basis of a study permit or a permit for storage shall be terminated upon the termination of the authorisation.
(2) the operation of the authorisation terminates:
1. with the expiration of the authorization and after acceptance by the competent authorities under art. 90, para. 1-4 of the law on mineral resources of activities on liquidation of the geologoproučvatelniâ object or the storage and/or reclamation of the lands and forests;
2. the withdrawal of authorisation;
3. in the case of objective impossibility to carry out the activities referred to in the authorisation;
4. in the judgment of the bankruptcy of the holder of the permit or operator of the place of storage;
5. by mutual consent;
6. infringements of the technological parameters set out in the permit;
7. by virtue of a court decision;
8. upon the death of the natural person – the holder of the permit;
9. on other grounds provided for in the authorisation.
(3) upon termination of a legal person – the holder of the authorization for the study of storage locations, the authorisation may be amended by the Minister of economy, energy and tourism, in the event that the successor shall deposit within 30 days of application conditions and obligations in the authorisation and meets the requirements of art. 10.
(4) upon termination of a legal person – provider of storage space, the authorisation may be amended by the Minister of economy, energy and tourism, in the event that the successor shall deposit within 90 days of application conditions and obligations in the authorisation and meets the requirements of art. 10.
Art. 81. (1) the Minister of economy, energy and Tourism shall suspend the authorisation of study or the authorisation for storage when the holder of the authorization, therefore the storage operator carries out activities that are inconsistent with the legislation in force or with the conditions of the permit, or in the case of significant irregularities.
(2) in the case of Minister of economy, energy and Tourism shall notify the holder of the permit or operator of the storage space on the causes and fix an appropriate time limit for removal of the irregularities.
(3) the holder of a permit or operator of the storage space, whose activities have been suspended in accordance with para. 1, shall not be entitled to exercise rights under the permit, as well as to seek compensation for lost profits for the period of suspension.
(4) authorisations suspended pursuant to para. 1 shall be renewed if the holder of the permit or operator of the place of storage to remedy the deficiencies within the term under para. 2.
(5) a suspension under subsection. 1 does not extend the term of validity of the permit.
Art. 82. (1) the Minister of economy, energy and Tourism shall review and where necessary, take action to update or withdraw the storage permit if:
1. has been advised or has knowledge of any cases of leaks or significant irregularities;
2. reports submitted under art. 61 or the checks carried out under art. 62 have shown a failure to comply with the terms of the authorisation or risk of leaks or significant irregularities;
3. be informed of other non-compliance with the terms of the authorisation by the operator;
4. There are new scientific findings or introduced new storage technology;
5. Apart from the cases referred to in items 1, 2, 3 and 4-5 years after the issuance of the permit and every 10 years thereafter.
(2) in the case of a withdrawal of authorisation is issued a new storage permit or close the storage site pursuant to art. 66, para. 1, item 3.
(3) to issue a new storage permit the Minister of economy, energy and Tourism shall assume all obligations relating to:
1. criteria for acceptance under art. 58;
2. monitoring under art. 59 and the remedial measures under art. 64;
3. the return of emission allowances – in the event of expiry pursuant to the law on the protection of the environment and preventive and remedial measures in accordance with the law on the responsibility for the prevention and remediation of environmental damage.
(4) the Minister of economy, energy and tourism recovers the costs incurred by the former holder, including through the use of financial collateral under art. 74. At the closing of the storage space under art. 66, para. 1, item 3 shall apply the provisions of art. 66, para. 4.
Art. 83. (1) the authorisation may be suspended by order of the Minister of economy, energy and tourism, where: 1. the operation of the marketing authorisation has been suspended and the holder of the permit or operator of the storage space is not eliminated reasons within the period under art. 81, para. (2);
2. risk to the national security and defense of the country, for the environment, for human health, as well as the destruction or damage of cultural values;
3. the holder of the permit fails to comply with the requirements for the protection of the Earth, for environmental protection and reclamation of damaged areas.
(2) the presence of circumstances under para. 1, 2 and 3, the competent authorities shall notify the Minister of economy, energy and tourism together with a reasoned proposal for the need to take action to terminate the corresponding authorization.
Art. 84. (1) in the cases under art. 83, para. 1, items 1 and 3 the holder of the marketing authorisation shall be responsible for the damages and missed benefits caused by the early termination, including for the duration of the suspension.
(2) in the cases under art. 83, para. 1, item 2 of the marketing authorisation holder compensation is due, unless the hazard has occurred as a result of his actions.
(3) upon termination under art. 83 the marketing authorisation holder shall carry a complete reclamation of the affected land.
Section II
Settlement of disputes
Art. 85. Disputes between parties to the permissions that cannot be resolved by mutual agreement shall be settled by the courts, as applicable is the Bulgarian legislation.
Art. 86. (1) Disputes related to access to the transmission network and storage spaces, shall be decided by mutual agreement. In the absence of consent, the dispute relates to the dispute through the courts.
(2) when the transmission network or storage space, which is denied, are located on the territory of the Republic of Bulgaria or fall into the continental shelf and in the exclusive economic zone in the Black Sea, applicable to cross-border disputes is the Bulgarian legislation.
(3) When the transmission network or storage space falls in the territory of two or more States, cross-border disputes are resolved through consultations with a view to ensuring the consistent application of the relevant national legislation.
Chapter eight
ADMINISTRATIVE PENAL PROVISIONS
Art. 87. (1) who commits or allow execution of a violation of this Act, is punishable by a fine of 50 000 to 100 000 LEVs, unless the Act constitutes a crime.
(2) If the offence under para. 1 is committed by a legal person, the penalty payment in the amount of 100 000 to 200 000.
(3) the acts of infringements are compiled from authorized by the Minister of economy, energy and tourism officials, and the penal provisions shall be issued by the Minister of economy, energy and tourism or the official authorised by him.
(4) Drafting of acts, the issue, the appeal and the implementation of the penal provisions shall be carried out in accordance with the law for the administrative offences and sanctions.
ADDITIONAL PROVISIONS
§ 1. Within the meaning of this law:
1. ' water column ' means the vertical continuous water from the surface to the bottom sediments of a water pool.
2. the "geological formation" is the litostratigrafska unit, which can be detected and mapped separate rock layers.
3. close the storage space is the definitive cessation of injecting carbon dioxide in the appropriate storage location.
4. ' significant irregularity ' means any irregularity in the study, injection or storage or in the condition of the storage complex, which raises the risk of leakage or risk to the environment or human health.
5. "significant risk" is a combination of the probability of occurrence of harm and the severity of the injury, which could not be ignored, without doubt the purpose of this Act, in respect of the relevant place for storage.
6. "Leakage" means any release of CO2 from the storage complex.
7. ' storage Complex ' means the place of storage and the surrounding geological domains which may have an impact on overall storage integrity and safety, for example, secondary formations for retention.
8. "remedial measures" means any measures taken to correct significant irregularities or to stop the leaks in order to prevent or stop the release of carbon dioxide by the complex.
9. "applicant" means a person who has submitted an application for the granting of permission for study or the permission to store carbon dioxide, and the person who has submitted an application to participate in the procedure for granting permission for the study or the permission to store carbon dioxide.
10. "migration" means any movement of carbon dioxide storage in the complex.
11. "storage space" is defined in the framework of the geological formation, part of the space used for storage of carbon dioxide, and adjacent land-based facilities and equipment for injection.
12. "operator" means any natural or legal person who operates or controls the storage space in accordance with national legislation.
13. "transmission system operator" means any natural or legal person who constructs, operates or controls a network of pipelines, including associated compressor stations, for the transmission of carbon dioxide for storage space.
14. "waste" means any substance or object which the holder discards or intends to discard or is required to discard.
15. "closing Period" is the period after the closure of the storage, including the period after the transfer of responsibility of the Minister of economy, energy and tourism.
16. "the flow of carbon dioxide" is a stream of substances, resulting from the processes of capture of carbon dioxide.
17. "transmission system operator" means the network of pipelines, including associated compressor stations, for the transmission of carbon dioxide for storage space.
18. "survey" is the assessment of the potential storage complexes for the purposes of the storage of CO2 in geological formations through activities related to the entry below the surface by drilling in order to collect geological information about strata in the potential storage complex and, if appropriate, implementation of the experimental injections in order to establish the characteristics of the storage space.
19. "study" is a written and reasoned warrant authorising exploration and indicating the conditions under which it may take place, which shall be issued by the Minister of economy, energy and tourism in accordance with the requirements of this Act.
20. "storage" is written and reasoned warrant, allowing the operator to store carbon dioxide in geological formations in the storage and indicating the conditions under which it may take place, which shall be issued by the Minister of economy, energy and tourism in accordance with the requirements of this Act.
21. "Jet of carbon dioxide" is dispersed quantity of carbon dioxide in geological formation.
22. "storage of CO2 in geological formations is injection, accompanied by the storage of carbon dioxide streams in geological formations underground.
23. "substantial change" means any change which is not provided for in the authorisation for the study or in the authorisation for storage and which may have significant effects on the environment or human health.
24. "participant" means a person who is allowed to participate in the procedure for granting permission for the study or the permission to store carbon dioxide.
25. "hydraulic unit is connected by hydraulic disc space in which the transmission of pressure can be measured by technical means and which is restricted by barriers to flows, such as fractures, salt, litoložki, borders outlet or revelation of formation.
§ 2. This law introduces the requirements of Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the storage of CO2 in geological formations and amending Directive 85/337/EEC, Commission directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC and 2008/1/EC and Regulation (EC) No 1013/2006 of the European Parliament and of the Council (OJ , L 140/114 of 5 June 2009).
FINAL PROVISIONS
§ 3. The first report under art. 8, al. 2, item 4 shall be submitted to the European Commission within 14 days of the entry into force of the law.
§ 4. The mineral resources Act (promulgated, SG. 23 of 1999; amend., no. 28 of 2000, 108/2001, no. 47 of 2002, no. 86 in 2003, no. 28 and 94 of 2005, no. 30, 36 and 37, 2006, 55/2007 from 70/2008 issue 19 and 82 from 2009. , PC. 46, 61 and 100 by 2010 and PC. 19 of 2011.) in art. 26, al. 1 in the text before paragraph 1, after the words "under this Act" there shall be added "and in specialized maps and registers under the storage of carbon dioxide in the Earth".
§ 5. In the law on the responsibility for the prevention and remediation of environmental damage (official SG. 43 of 2008; amend., SG. 12, 32 and 35 of 2009, no. 77 and 98 from 2010 and 2011 92) in annex No. 1 to the art. 3, item 1 is created 11:
"11. the operation of storage sites in accordance with the law for the storage of carbon dioxide in the Earth."
§ 6. The law shall enter into force on the day of its publication in the Official Gazette.
The law was adopted by 41-Otto National Assembly on 2 February 2012 and is stamped with the official seal of the National Assembly.
President of the National Assembly Tsetska Tsacheva:
Annex No 1 to art. 5, al. 2
Criteria for the characterisation and assessment of the potential storage complex and surrounding areas under art. 5, al. 2
Characterisation and evaluation of those referred to in art. 5, al. 2 potential storage complexes and their surrounding areas are carried out in three stages in accordance with the best practices at the time of the evaluation and the criteria set out below. Derogations from one or more of these criteria may be authorised by the competent authority, provided that the operator has demonstrated that it is not affected the ability of the characterisation and assessment to enable assessment to be made as referred to in art. 5.
Stage 1: data collection
Collect enough data to produce a static spatial and three-dimensional (3-D) geological model of the place of storage and the storage complex, including the covering of rocks and the surrounding area including the hydraulically connected areas. This data shall cover at least the following characteristics inherent in the complex for the storage:
a) geology and Geophysics;
b) Hydrogeology (in particular existence of underground water intended for human consumption);
in the tank) Engineering (including spatial calculations of pore volume for CO2 injection and ultimate storage capacity);
d) geochemistry (dissolution rates and mineralization);
e) Geomechanics (permeability, fracture pressure);
seismic);
g) presence and condition of natural and man-made pathways, including drilling, which can serve as runners for leaks.
The following characteristics shall be documented on the surrounding area of the complex:
h) domains surrounding the storage complex that may be affected by the storage of CO2 in the storage site;
and population distribution) in area, located above the storage space;
k) close to the natural resources (including in particular protected areas – part of the European ecological network Natura 2000, pursuant to the law on biodiversity, potable groundwater and hydrocarbons);
l) activities around the complex of storage and possibly interacting with these activities (e.g. exploration, production and storage of hydrocarbons, geothermal use of aquifers and the use of groundwater reserves);
m) close to a possible/our source (s) of CO2 (including estimates of the total potential mass of CO2 available with the possibility for storage) and appropriate transmission networks.
Step 2: development of static three-dimensional geological model
With data collected in phase 1 data is made three-dimensional static geological model or set of models, including the cover rocks and hydraulically connected areas and fluid dynamics, using computer simulators to tank. The static geological/model/and characterise the complex in terms of:
(a) geological structure of the natural) trap;
b) geomechanical properties of the reservoir, land and properties for circulation in it covering formations (covering rocks, seals, porous and permeable horizons) or adjacent formations;
the fault in the system) and the presence of man-made trails;
d) size of the area and the vertical size of the storage complex;
e) volume of porestoto space (including distribution of voids);
is output fluid distribution);
(g) other relevant characteristics).
Uncertainty in any one of the parameters used in the production of the model shall be assessed by means of the development of scenarios for each parameter and calculating the limits of credibility. Assessed and uncertainties in connection with the model.
Stage 3: characterization of the dynamic behaviour of the object, sensitivity characterisation, risk assessment
The characterisation and assessment shall be based on dynamic modelling, combining multiple simulations of the stages of injection of CO2 in the storage site using the three-dimensional static/us/our geological model in computer storage complex Simulator, developed in step 2.
Step 3.1: Characterisation of the dynamic behavior of the object
Taking into account at least the following factors:
the possible values of a) injection and flow properties of CO2;
b) effectiveness of coupled process modelling (i.e. the way various single effects interact in the Simulator);
in the Jet) processes (i.e. the way in which provides feedback from the reaction of the injected CO2 in combination with minerals in place in the model);
(d)) the simulator of the tank (it may take multiple simulations to verify some conclusions);
e) short and long-term simulations (to establish what is going on with CO2 and how he responds over decades and millennia including the rate of dissolving CO2 in water).
Dynamic modelling provides information on:
f) pressure and temperature in the storage formation as a function of the values of the injection and the cumulative quantity injected over time;
(g)) the size of the area and the vertical size of CO2 vs. time;
(h)) the nature of the flow of CO2 in the reservoir including phase behaviour;
and) mechanisms and values of capturing CO2 (including boundaries of overflow and lateral and vertical seals);
k) secondary restraint systems in the overall storage complex;
l) storage capacity and pressure gradients in the place of storage;
m) the risk of cracking in formation (s) and cover rocks;
n) risk of influx of CO2 in rocks covering;
o) risk of leakage from storage (for example, through abandoned or inadequately dealt with drilling);
MO) migration velocities (in open tanks);
q) sealing the cracks;
c) changes in the chemical composition of the fluid in formation (s) and subsequent reactions (for example, a change in the level of pH, the formation of minerals), and inclusion of reactive modelling to assess the consequences;
t) moving fluid in formation;
u) increased seismic surface.
Step 3.2 sensitivity characterisation:
Multiple simulations shall be undertaken to establish the sensitivity of the assessment to assumptions made about particular parameters. The simulations are based on modification of parameters in the static/geological model and change the functions of the values and assumptions in the dynamic modelling. Any significant sensitivity shall be taken into account in the risk assessment.
Step 3.3: risk assessment
The risk assessment shall include at least the following:
3.3.1. hazard characterisation
The risk characterisation shall be carried out by the possibility of leakage from the storage complex, as established through the above dynamic modelling and security characterisation. It shall take into account:
and potential leak paths);
(b) the potential volume of end) of the trails end (flow rates);
c) critical parameters affecting potential leakage (e.g. maximum reservoir pressure, maximum injection speed, temperature, sensitivity to various assumptions in the static geological/model/and etc.);
d) secondary effects of storage of CO2 including displaced formation fluids contained in and new substances created when storage of CO2;
e) other factors that can jeopardize human health or the environment (e.g. physical structures associated with the project).
The hazard characterisation shall cover the full spectrum of potential operating conditions in order to check the security of the storage complex.
3.3.2. exposure assessment – based on the characteristics of the environment and the distribution and activities of the population above the storage complex, and the likely behaviour and fate of CO2, expired from potential pathways identified under step 3.3.1.
3.3.3. impact assessment – based on the sensitivity of particular species, communities or habitats against potential leak found in point 3.3.1. Where appropriate, it includes the effects of exposure to elevated CO2 concentrations in the biosphere (including soil, marine sediments and benthic waters (asphyxiation, hiperkapniâ) and reduced level of pH in those environments as a result of the leakage of CO2. It also includes an assessment of the effects of other substances that may be present in leaking CO2 streams (be it stumbled across streams or impurities injected new substances encountered in the storage of CO2). These consequences are taken into account in a number of temporal and spatial scales and are associated with a number of different volumes.
3.3.4. the risk characterisation – include an assessment of the security and integrity of the site in the short and long term, including an assessment of the risk of leakage under the proposed conditions of use, and the possible adverse effects on the environment and human health. The risk characterisation shall be carried out on the basis of the evaluation of the hazard, exposure and effects. It includes an assessment of the sources of uncertainty identified during the stages in the characterization and evaluation of storage space and, where feasible, a description of the possibilities of reducing uncertainty.
Annex 2 to the art. 60, para. 1 and 3
Criteria for establishing and updating the monitoring plan referred to in art. 60 and for monitoring after closure
1. Establishing and updating the monitoring plan
The monitoring plan shall be drawn up in accordance with the risk assessment carried out in stage 3 of annex 1, and updated in order to meet the requirements for monitoring under art. 60, para. 1 according to the following criteria:
1.1. Drawing up of the plan the monitoring plan includes detailed information on the monitoring that will be performed during the main stages of the project, including key elements, operational monitoring and monitoring after closure. For each stage, indicating the following information: a) parameters monitored;
b) technology used for monitoring and justification of its choice;
in place of monitoring) and justification of the spatial sample rate;
d) frequency of application and temporal sampling rationale of.
The parameters to be monitored, are determined to carry out the purposes of the monitoring. In all cases, however, the plan includes continuous or periodic monitoring of the following parameters:
e) fugitive emission of CO2 at the injection facility;
is the volumetric flow rate) of CO2 in estuaries for GN inject drugs;
g) pressure and temperature of the CO2 in the estuaries for injection (for determining the mass flow);
h) chemical analysis of injected material;
and) temperature and pressure of the tank (for the determination of the phase behaviour and State of CO2).
The choice of technology for monitoring shall be based on best available practices at the time of design. Where appropriate, be taken into account and use the following options:
k) technologies that can detect the presence, location and migration paths of CO2 in subsurface and surface;
k) technologies that provide information about the behavior of the parameters pressure-volume and spatial/vertical distribution of plume of CO2 through improvement of three-dimensional simulation on three-dimensional geological models of formation for storage, constructed in accordance with Annex 1;
m) technologies that can provide a wide spatial range in order to collect information about nezasečeni earlier potential leak paths in the spatial dimensions of the whole complex of storage and beyond, in the case of significant irregularities or migration of CO2 storage outside the complex.
1.2. Updating of the Data Collected in the monitoring plan, correlate and interpret. The observed results are compared with the behaviour predicted in dynamic simulation of three-dimensional behavior of the parameters pressure-volume and saturation, carried out within the framework of the security characterisation in accordance with point 3 of annex 1.
A significant deviation between the observed and the predicted behaviour, the three-dimensional model is calibrated again to reflect the observed behaviour. Repeated calibration is based on the observed data of the monitoring plan and, where necessary to ensure the authenticity of the assumptions in the re calibration, additional data is collected.
Stages 2 and 3 of annex 1 are repeated, such as reuse/kalibriraniât/us/3D model and to draw up new scenarios for hazard identification and values for flow and to review and update the risk assessment.
Where new CO2 sources, pathways and flux values or observed significant departures from previous estimates as a result of the historical relationship and calibration of the model the monitoring plan shall be amended accordingly.
2. monitoring after closure
Monitoring after closure is based on information collected and modeled during the implementation of the monitoring plan referred to in art. 60, para. 2 and under item 1.2 of this annex. More specifically, its purpose is to provide information necessary for the evaluation referred to in art. 67, para. 1.
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