Name of law
Law amending the Law on Environmental Protection




Name Bill
Bill amending the Law on Environmental Protection





Date of adoption
19/05/2011



Number / year Official Gazette
42/2011







DECREE № 124
Pursuant to Art. 98 pt. 4 of the Constitution of the Republic of Bulgaria
DECREE:
To be published in the "Official Gazette" Law amending the Law on Environmental Protection adopted by HLI National Assembly on May 19, 2011
Released in Sofia on May 31, 2011
President of the Republic, Georgi Parvanov
stamped with the state seal.
Minister of Justice Margarita Popova

Law amending the Law on Environmental Protection (prom. SG. 91 of 2002 .; corr., No. 98 2002 ., amend., SG. 86 of 2003, SG. 70 of 2004, pcs. 74, 77, 88, 95 and 105 of 2005, pcs. 30, 65, 82, 99, 102 and 105 2006 pcs. 31, 41 and 89 of 2007, pcs. 36, 52 and 105 of 2008, pcs. 12, 19, 32, 35, 47, 82, 93 and 103 of 2009 No.. 46 and 61 of 2010 and SG. 35 of 2011)
§ 1. In art. 8 made the following amendments:
1. The previous text becomes para. 1.
2. A par. 2:
"(2) The Minister of Environment and Water may delegate powers by order of deputy ministers and determine their functions and empowers officials in connection with wills and actions that are part of the production in issuing administrative acts and documents. "
§ 2. Article 22 is amended as follows:
" Art. 22a. (1) The operators carrying out activities under Annex I of Regulation (EC) № 166/2006 of the European Parliament and of the Council of 18 January 2006 establishing a European register of releases and transfers of pollutants and amending Directives 91/689 / EEC and 96/61 / EC, hereinafter "Regulation (EC) № 166/2006", reported data on releases and transfers of pollutants in the register under Art. 22b pt. 2, published on the website of the Executive Environment Agency.
(2) The data under par. 1 report in electronic format in Annex III of Regulation (EC) № 166/2006 by 31 March of the year following the year to which the information relates.
(3) Regional Inspectorate of Environment and Water verify the accuracy of data reported by operators and confirmed them in the register under Art. 22b pt. 2 to 31 May of the year following the year to which the information relates.
(4) The Minister of Environment and Waters provides guidance for the inspection under par. 3. "
§ 3. In art. 22b pt. 1 the words "para. 4 "are replaced with" para. 3 '.
§ 4. In art. 97 be made the following amendments:
1. A new paragraph. 2:

"(2) To organize public consultation contracting authority shall submit a written request to the competent authority designated by the authorities under par. 1, a proposal to place, time and date of meeting / meetings for public discussion, the place of public access to documents and to express opinions, the date of the first meeting is 60 days from the date of submission of the request. Written request to apply for a copy of the EIA report with all attachments thereto each of the designated authorities under par. 1. The designations under par. 1 confirmed in writing the proposal within seven days of submission of the request or make another proposal for the same 60-day period, while non-pronouncement of the bodies under par. 1 in 7 days is considered that the proposal of the contracting authority is accepted. "
2. Former para. 2 becomes para. 3.
third. Former para. 3 becomes para. 4 and the words "para. 2 "is replaced with" para. 3 '.
4. Former para. 4 and 5 become par. 5 and 6.
§ 5. In art. 120, para. 1, 'Minister of Environment and Water or an authorized officer "is replaced by" executive director of the Environment Agency. "
§ 6. In art. 124, para. 5 'Minister of Environment and Water or an authorized officer "is replaced by" executive director of the Environment Agency. "
§ 7. In art. 125 is amended as follows:
1. In para. 1:
a) t. 1, 'the competent authority' shall be replaced by "the Minister of Environment and Water and the Executive Director of Environment Agency";
B) pt. 5, after the words "IPPC permit" a point until the end and the text is deleted.
2. In para. 2 words "competent authority" is replaced by "the Minister of Environment and Water." 3
. Paragraph 3 is amended as follows:
"(3) In case of change in the work of installation art. 124, para. 3 pt. 2 within the period under par. 2 Minister of Environment and Water requires the operator to provide the authority under Art. 120 information describing the change as well as evidence for the application of best available techniques. "
§ 8. Article 125a is repealed.
§ 9. In art. 129 made the following amendments:
1. The previous text becomes para. 1 and in it after the word "issue" is added "refusal or withdrawal" and a comma.
2. A par. 2:
"(2) The data under par. 1 shall be provided by the competent authority electronically within one month from the entry into force of decisions granting, denial, revocation, revision, amendment and updating of integrated permits. "
§ 10. In art. 131b be made the following amendments:
1. Paragraph 3 is amended as follows:

"(3) For the period 2013-2020, the distribution of free allowances for greenhouse gas emissions for installations other than electricity generators and plants for carbon sequestration is carried out in accordance with a decision of the European Commission to determine valid throughout the European Union transitional rules for the harmonized free allocation of emission allowances published in the "Official Journal" of the European Union. "
2. Paragraphs 5 and 6 are amended as follows:
"(5) Unallocated free allowances in accordance with paragraph. 3, and 15 percent of aviation allowances for each of the periods under par. 4 pt. 1 and 2 shall be auctioned.
(6) auction under par. 5 held in accordance with Regulation (EC) № 1031/2010 of 12 November 2010 on the timing, administration and other aspects of auctioning of allowances for greenhouse gas emissions under Directive 2003/87 / EC of the European Parliament and of the Council establishing a scheme for trading greenhouse gas emissions within the Community (OJ, L 302/1 of 18 November 2010). "
third. In para. 7 after the words "The number of allowances" insert "for aviation activities."
4. In para. 9 in the text before item. 1 after 'Revenue from the sale of quotas "insert" for aviation activities. "
5. In para. 12 and 13 the words "Art. 131k "is replaced by" Art. 131k para. 2 ".
§ 11. In art. 131v be made the following amendments:
1. In para. 1 after the words "greenhouse gases" a point until the end and the text is deleted.
2. In para. 3 finally added "and shall within 7 days of their occurrence to inform the Executive Director of the Environment Agency." 3
. In para. 4 the words "Art. 131a para. 3 "are replaced with" Art. 131g pt. 2 to approve or updating. "
§ 12. Article 131g is amended as follows:
"Art. 131g. Executive Director of the Environment Agency is the competent authority for:
1. issuance and review, modification, updating and cancellation of licenses in art. 131v, para. 1 and 2;
2. approving, reviewing and updating the monitoring plan for annual emissions and tonne-kilometer data. "
§ 13. In art. 131e create par. 4 and 5:
"(4) The competent authority under Art. 131g pt. 2 approved in 4 months monitoring plan for annual emissions and tonne-kilometer data from the date of receipt.
(5) The competent authority under Art. 131g pt. 2 refused to approve the plan for monitoring and tonne-kilometer data when:
1. aircraft operator has submitted a plan to monitor emissions and tonne-kilometer data that are not prepared in accordance with the ordinance of art. 131l pt. 1 and in 14 days it has supplemented in accordance with the instructions of the competent authority;

2. aircraft operator holds a valid operating license for air transport issued by a Member - State of the Union. "
§ 14. In art. 131zh be made the following amendments:
1. In para. 2 words "confirm or modify" are replaced by "updated, amended or repealed."
2. A par. 3:
"(3) The competent authority shall revoke the permit for greenhouse gases in the event of closure of the plant."
§ 15. In art. 131z is amended as follows:
1. In para. 1 the words "Art. 131k para. 1 "are replaced by" Art. 131k para. 2 ".
2. In para. 2 words "Art. 131k para. 1 "are replaced by" Art. 131k para. 2 ". 3
. In para. 7 the words "Art. 131k para. 1 "are replaced by" Art. 131k para. 2 ".
4. In para. 8, the words "Art. 131k "is replaced by" Art. 131k para. 2 ".
§ 16. In art. 131i creates par. 8:
"(8) listing of art. 131b para. 2 operators of installations Annex № 7 prepare reports on its activities under the terms and requirements of form, approved by order of the competent authority under Art. 131a para. 3. "
§ 17. In art. 131k be made the following amendments:
1. Paragraph 1 shall be amended as follows:
"(1) The Minister of Environment and Water manages the construction, operation and maintenance of the National Register of issuance, holding, transfer and cancellation of allowances for greenhouse gas emissions in accordance with requirements of Regulation (EC) № 2216/2004 of the Commission of 21 December 2004 for a standardized and secured system of registries pursuant to Directive 2003/87 / EC of the European Parliament and of the Council and Decision № 280/2004 / EC of the European Parliament and Council, hereinafter "Regulation (EC) № 2216/2004". "
2. A new paragraph. 2:
"(2) The executive director of the Executive Environment Agency shall act as the administrator of the register under par. 1. "
third. Former para. 2 becomes para. 3.
4. Former para. 3 becomes para. 4 and is amended as follows:
"(4) The participants in the scheme art. 131a pay a fee for entry in the register under par. 1 and an annual subscription service according to the tariff of art. 72. "
§ 18. In art. 131l pt. 4 is repealed.
§ 19. In art. 131 m par. 3 is amended as follows:
"(3) The Minister of Environment and Water issued an order for reporting generated by approved project activities units reduced greenhouse gas emissions and transfer to a specified account by the project proponent in the register under Art. 131k para. 1. "
§ 20. created art. 131 tons, 131u and 131f:
"Art. 131 tons. (1) Suppliers of liquid fuels for transport smoothly decrease greenhouse gas emissions per unit of energy life cycle of delivered fuel oil to a certain base level, reaching 6 per cent overall reduction to end December 31, 2020

(2) The reduction of greenhouse gas emissions per unit of energy of the entire lifecycle of supplied liquid fuels for transport is achieved through:
1. use of biofuels that meet sustainability criteria under the Law on renewable energy;
2. use of alternative fuels and 3
. use of fossil fuels with low greenhouse gas emissions from crude oil extraction and processing.
(3) Greenhouse gas emissions from the whole lifecycle of liquid fuels other than biofuels and base level par. 1 is calculated according to the methodology of the European Commission.
(4) Greenhouse gas emissions from the whole lifecycle of biofuels are calculated in the manner and form determined by the methodology of the Minister of Environment and Water in coordination with the Minister of Economy, Energy and Tourism and the Minister of Agriculture and Food.
Art. 131u. (1) Suppliers of liquid fuels for transport can unite for joint implementation of the obligation under Art. 131 tons, para. 1.
(2) In the cases under par. 1 suppliers are considered to be a supplier for the purposes of Art. 131 tons, para. 1.
Art. 131f. (1) Any supplier of liquid transport fuels annually by March 31 submitted to the Executive Environment Agency verified report on the intensity of greenhouse gas delivered by him during the previous year in the country liquid fuels for transport.
(2) The conditions, procedures, format and method for reporting and verification of reports under par. 1 shall be determined by an ordinance of the Council of Ministers on a proposal of the Minister of Environment and Water in coordination with the Minister of Economy, Energy and Tourism and the Minister of Agriculture and Food. "
§ 21. In art. 164, para. 2 words "Art. 125a "shall be replaced with" Art. 22a and submission of false information. "
§ 22. In additional provisions be made the following amendments:
1. In § 1:
a) in item. 43c, letter "a" words "Regulation (EC) № 1008/2008 of the European Parliament and of the Council of 24 September 2008 concerning common rules for the operation of air services in the Community (OJ, L 293/3 of 31 October 2008) "is replaced by" Regulation (EC) № 1008/2008 on ";
B) shall be created so. 43l - 43r:
"43l. "Basic level" is the EU average level for 2010 of greenhouse gas emissions per unit of energy life cycle of fossil liquid fuels used for transport.
43 meters. "Providers of transport fuels" are persons who marketed liquid fuels for transport and are responsible for the release of fuel consumption under the Law on Excise Duties and Tax Warehouses Act.
43n. "Placing on the market" means placing on the market under the Clean Air Act.

43o. "Persons who place liquid fuels on the market" are those within the meaning of the Clean Air Act.
43p. "Greenhouse gas emissions from the entire life cycle" means all net emissions of CO2, CH4 and N2O, which can be assigned to a liquid fuel (including any impurities). This includes all relevant stages from extraction or cultivation, including land-use changes, transport and distribution, processing and combustion, irrespective of what stage those emissions.
43r. "Greenhouse gas emissions per unit of energy (intensity)" are the total mass emissions of CO2-equivalent greenhouse gas emissions associated with the given liquid fuel divided by the total energy content of the fuel (expressed as net calorific value of the fuel). ';
In) the item. 69:
"69. "Electricity generator" is an installation that January 1, 2005 or after, has produced electricity for sale to third parties, and which does not perform any other activity listed in Annex № 7. "
2. A § 2b:
"§ 2b. This Act introduces the requirements of Directive 2009/30 / EC of the European Parliament and of the Council of 23 April 2009 amending Directive 98/70 / EC as regards the specification of petrol, diesel and gas oil and introducing a mechanism to monitor and reducing the levels of greenhouse gas emissions and amending Directive 1999/32 / EC as regards the specification of fuel used by vessels on inland waterways and repealing Council Directive 93/12 / EEC (OJ L 140/88 of June 5, 2009). "
§ 23. In § 9 of the transitional and final provisions be made the following amendments:
1. In para. 2 'in accordance with the approved schedules for their implementation "are deleted and a second sentence:" If necessary, the contract may be amended or supplemented in order to enable implementation of the programs. "
2. A par. 3:
"(3) Upon termination of the contract under par. 2 program is completed on the terms and conditions of the Regulation on conditions and procedures for determining the responsibility of the state and to eliminate damage to the environment caused by past actions or inactions on privatization adopted by Decree № 173 of the Council of Ministers 2004 (prom. SG. 66 of 2004 .; corr., No. 114 of 2004 .; amend., SG. 65 of 2007). "
§ 24. In Annex № 6 to Art. 131a para. 4 in pt. 9, the words "Regulation (EC) № 1008/2008 of the European Parliament and of the Council of 24 September 2008 concerning common rules for the operation of air services in the Community" are replaced by "Regulation (EC) № 1008/2008 on. "

§ 25. In § 38 of the transitional and final provisions of the Law amending the Law on Environmental Protection (SG. 46 of 2010), para. 2 is repealed.
Transitional and Final Provisions
§ 26. In 6 months after the entry into force of this Law Council of Ministers adopted the ordinance of art. 131f, para. 2.
§ 27. In 6 months after the entry into force of this Act the Minister of Environment and Water issued the methodology of art. 131 tons, para. 4 consultation with the Minister of Economy, Energy and Tourism and the Minister of Agriculture and Food.
§ 28. (1) Until December 31, 2012 allowances for new entrants into the scheme for trading greenhouse gas emissions are allocated based on the decision for allocation to new entrants on the Interdepartmental Working Group to coordinate the implementation of the National plan allocations for greenhouse gas emissions for the period 2008 - 2012, and issued the Minister of environment and water allocation of respective new participant.
(2) Interdepartmental Working Group under par. 1 work on methodological guidelines approved by Order № 396 of the Minister of Environment and Water of April 23, 2010
§ 29. Reports of art. 131i, para. 8 for the period from January 1, 2005 to December 31, 2010 are presented in the Executive Environment Agency to July 15, 2011
§ 30. The provision of Art. 97, para. 2 applies to outstanding until the entry into force of this Act EIA procedures.
§ 31. In the Law for Clean Air (prom. SG. 45 of 1996 .; corr. SG. 49 of 1996 .; amend., SG. 85 of 1997, No. . 27 of 2000 pcs. 102 of 2001, pcs. 91 2002 pcs. 112 of 2003, SG. 95 of 2005, pcs. 99 and 102 of 2006, No. . 86 of 2007, pcs. 36 and 52 of 2008, pcs. 6, 82 and 93 of 2009, pcs. 41, 87 and 88 of 2010 and SG. 35 of 2011) is The following amendments and additions:
1. In art. 3, para. 1, p. 5 'tanks of tankers, barges and other "are replaced by" marine fuel tanks. "
2. In art. 9b after the words "cistern for petrol" a comma and added "as well as systems corresponding to Stage II petrol vapor recovery (PVR) during refueling of motor vehicles at service stations." 3
. In art. 30c par. 2 words "supervisory authorities" are replaced by "accredited laboratories".
4. In Chapter Five creating art. 30k:
"Art. 30k. (1) The control over the efficiency of the systems, Stage II PVR is exercised through inspections by the Chairman of the Bulgarian Metrology Institute or authorized by legal persons who are independent third party and have developed and implemented quality system according to BDS EN ISO / IEC 17 020.
(2) The inspections under par. 1 is carried out according to methodology Bulgarian Metrology Institute.

(3) The procedure, manner and requirements for empowerment of persons under par. 1 shall be determined by the Chairman of the Bulgarian Metrology Institute.
(4) Fees for inspections under par. 1 are determined by the Tariff of fees collected by the Bulgarian Metrology Institute.
(5) The Bulgarian Metrology Institute provides the Regional Inspectorates of Environment and Water on the results of checks under par. 1 in accordance with the requirements of the ordinance under Art. 9b.
(6) persons - owners of petrol stations are obliged to inform the Bulgarian Metrology Institute at fault system corresponding to Stage II PVR, as required by the ordinance under Art. 9b. "
5. In § 1 of the Supplementary Provisions shall be created item. 27:
"27. "A system corresponding to Stage II petrol vapor recovery" is equipment designed to capture gasoline vapors from the fuel tank of a motor vehicle during refueling at a gas station and which transfers that petrol vapor to a storage tank at the service station or back to petrol dispenser for resale. "
6. In § 5 of the transitional and final provisions:
a) the previous text becomes para. 1;
B) a par. 2:
"(2) The Bulgarian Metrology Institute prepares methodology of art. 30k para. 2 deadline to December 31, 2011 "
§ 32. The provision of Art. 131 tons, para. 3 enter into force on September 1, 2011, and the provision of Art. 131f, para. 1 enters into force on January 1, 2012
law was adopted by the 41 th National Assembly on May 19, 2011 and was affixed with the official seal of the National Assembly.
Chairman of the National Assembly Atanas Atanasov
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