Name of law Law amending and supplementing the law on waste management Name of Bill a bill amending and supplementing the law on waste management, date of acceptance 30/03/2011 number/year Official Gazette 30/2011 Decree No 70

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

I DECLARE:

To be published in the Official Gazette the law amending and supplementing the law on waste management, adopted by the National Assembly of the HLI 30 March 2011.

Issued in Sofia on 6 April 2011.

The President of the Republic: Georgi Parvanov

Stamped with the State seal.

Minister of Justice: Margarita Popova

LAW

amending and supplementing the law on waste management (promulgated, SG. 86 from 2003; amend., SG. 70 by 2004, no. 77, 87, 88, 95 and 105 by 2005, issue 30, 34, 63 and 80, 2006 no. 53 of 2007, issue 36, 70 and 105 of 2008, issue 82 and 95 from 2009. , PC. 41, 63 and 98 of 2010 and PC. 8 of 2011.)

§ 1. In art. 13 and paragraph. 3:

"(3) the activities of storage and pretreatment of waste cans, discarded electrical and electronic equipment, spent batteries and accumulators and end-of-life vehicles are carried out only on the grounds, located on the territories defined by general development plans for production and warehouse activities, the ports of public transport of national and regional significance and the objects of the railway infrastructure of economic purpose. Each site must comply with the regulatory requirements for the protection of human health and the environment. "

§ 2. In art. 24, para. 1, after the word "dangerous" a comma and added a "construction".

§ 3. In art. 39, para. 1 item 12 shall be amended as follows:

"12. certified copy by the competent authority – a sample of entered into force a detailed plan, and in the cases under art. 13 (a), para. 3 – and sketch or another certifying document proving that each of the properties, in whose territory the site is located, is situated on the territories defined by general development plans for production and warehouse activities, or to the ports of public transport of national and regional significance and the objects of the railway infrastructure of economic purpose; ".

§ 4. In art. 51, para. 1 creating a new item 2:

"2. in the cases under art. 13 (a), para. 3 – sketch or another certifying document proving that each of the properties, in whose territory the site is located, is situated on the territories defined by general development plans for production and warehouse activities, or to the ports of public transport of national and regional significance and the objects of the railway infrastructure of economic purpose; ".

§ 5. In Chapter five, section II is creating art. 53A:

"Art. 53. Upon finding a violation of any of the requirements of art. 60, para. 7, after a sole trader or legal entity imposed penalty payment under art. 106, para. 4, paragraph 3, the competent authority shall withdraw the registration document. "

§ 6. In art. 54 following amendments and supplements shall be made:

1. a new paragraph. 2:

"(2) the activities in ferrous and non-ferrous metals shall be carried out only on the grounds, located on the territories defined by general development plans for production and warehouse activities, the ports of public transport of national and regional significance and the objects of the railway infrastructure of economic purpose. Each site must comply with the regulatory requirements for the protection of human health and the environment. "

2. The current paragraph. 2 it al. 3 and paragraph 1 shall be replaced by the following:

"1. the sale of ferrous and non-ferrous metals by those who receive them as a technological waste of own production or by own depreciation LOM, where the buyer is licensed under the terms of para. 1; ".

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

4. The current paragraph. 4 it al. 5 and in it:

and in the text) before item 1 the words "para. 3 "shall be replaced by" para. 4 ";

b) point 2 is amended as follows:

"2. the original or a certified copy of the applicant's lease or deed, accompanied by a sketch, or other certifying document issued by the competent authority, containing data about the location of the property within the territory of which the site and the data from which it is apparent that meets the requirements of paragraphs 1 and 2. 2; "

in) a new item 5:

"5. the Declaration of compliance with the requirements of art. 60, para. 8; "

d) point 6 is replaced by the following:

"6. a statement by the applicant that is not connected with the person to whom the dealer is revoked or licence is refused a license, within the time limit under art. 59, para. 1, item 1, "b" and "c" and that there are no circumstances under art. 59, para. 1, item 1, "d" and "e"; ".

5. The current paragraph. 5 it al. 6 and in her words "para. 4 "shall be replaced by" para. 5. "

6. The current paragraph. 6 it al. 7 and shall be amended as follows:

"(7) where the applicant is a foreign person, the document referred to in paragraph 1. 5, item 1 shall be presented in the official translation, and the documents referred to in paragraph 1. 5.4, 5 and 6, which are in a foreign language-and in translation. "

7. The current paragraph. 7 it al. 8.

8. The current paragraph. 8 it al. 9 and in her words "para. 5 ' shall be replaced by "para. 8. "

9. The current paragraph. 9 it al. 10 and in her words "para. 5 ' shall be replaced by "para. 8. "

§ 7. In art. 55 the following modifications are made:

1. In paragraph 8. 1 the words "para. 4 "shall be replaced by" para. 5. "

2. in the Al. 2, item 1 the words "para. 4 "shall be replaced by" para. 5. "

§ 8. In art. 56, para. 1 the words "para. 3 and 4 "shall be replaced by" para. 4 and 5 ".

§ 9. In art. 57, al. 4 creating a second sentence: "in cases of succession under the commercial law of the licence rights pass on the assignee."

§ 10. In art. 59 following amendments and supplements shall be made:

1. In paragraph 8. 1:

a) in paragraph 1:

AA) a new point (d):


"(d)) to complement the application license with the playground is made by the same trader before the expiry of one year from the cancellation order on the same site in accordance with paragraph 4, unless the order for the deletion of the site was cancelled by the Court as unlawful;"

BB) creates the letter ' e ':

"e) application for issue of a licence or to supplement the license includes the requested site to which there is a dispute pending before the Court, due to the cancellation or withdrawal of the license, which is included;"

BB) the current point (d) shall become subparagraph (a) and shall be amended as follows:

") application for the issuing of a licence is made of involves a person with applicants by letter" b "and" c ", or the application to complete the license with the playground is made by related party with the applicant by letter" d ", if they have not lapsed deadlines;"

(b) in paragraph 2):

AA) subparagraph (a) shall be repealed;

BB) in (c), after the word "licence" shall be inserted "or is deleted, and the words" under art. 54, para. 2, item 1 "shall be replaced by" art. 54, para. 2, item 1 ";

CC) letter "e" shall be replaced by the following:

") is done is trade in ferrous and non-ferrous metals in violation of art. 60, para. 3 or 4; "

yy) creates a letter "h":

"h) within 12 months of the entry into force of an order for the deletion of the playground was established by an act of the supervisory authority a statement of violation under item 4 of the playground, entered on the licence to the same dealer;"

c) in item 4 are created letters "c", "g":

"in the absence of it) a register of purchases and imports and/or register of sales and exports of ferrous and non-ferrous metals under art. 60, para. (2);

d) making trade in ferrous and non-ferrous metals on it through empowerment;

e) making trade in ferrous and non-ferrous metals of her undocumented origin of art. 60, para. 3 and 4;

is the activity of) her in violation of art. 60, para. 6;

(g)) of doing business without it has provided 24-hour video surveillance. "

2. paragraph 2 is replaced by the following:

"(2) in an order under paragraph 1. 1, 2 and 4 shall include an order for provisional enforcement. When the dealer provide a bank guarantee in favour of the Minister of economy, energy and tourism, in the cases referred to in para. 1, item 2 in size 100 000 BGN, and under para. 1, item 4 in size 20 000 BGN, provisional enforcement is suspended. In the event that the order under paragraph 1. 1, 2 and 4 be left in place by the Court with the judgment, the Bank security shall be released for the benefit of the authority referred to in the preceding sentence and administered by him. "

3. a para. 6:

(6) within 7 days of receipt of the order referred to in paragraph 1. 1, item 4 the trader is obliged to forward to the Ministry of economy, energy and tourism the original license for entry of the deleted site. In this case, no fee will be charged. "

§ 11. In art. 60 is made the following changes and additions:

1. Paragraphs 3 and 4 shall be amended as: "(3) trade in ferrous and non-ferrous metals, which form the wires and elektroprovodnici of any kind and size, elements of electronic communications infrastructure, components and parts of railway rolling stock, permanent way, including security, signalling and communication facilities and any wiring to them, any elements and parts of the road infrastructure, such as road signs , crash cushions, metal lids of shafts, parts of the street lights or vodnonapoitelni systems and facilities, as well as the metalos″d″ržaŝi monuments or parts or elements thereof, is carried out in the presence of a certificate of origin issued by the persons under art. 54, para. 3, item 1 and concluded a written contract.

(4) the waste of ferrous and non-ferrous metals, which represent technological waste of own production or by own depreciation LOM, are sold only by the persons under art. 54, para. 3, item 1 of licensed traders on the basis of a written agreement with the annexed thereto a certificate of origin, and waste with a rustic character – on the basis of a written agreement with the Declaration of origin. Natural persons may not carry out sales of ferrous and non-ferrous metals, which do not have a bit of character. Trade in ferrous and non-ferrous metals between licensed traders is made on the basis of a written agreement by the seller at the same time as the transfer of the goods shall pass to the buyer and declaration with the completed reference numbers of the certificates of origin of purchased it from waste. "

2. paragraph 6 is replaced by the following:

"(6) the waste under para. 3 are handled and stored separately from the others. "

3. a new paragraph. 7:

"(7) where a licensed trader holds a document under art. 12, al. 1 or 4, waste cans, discarded electrical and electronic equipment, spent batteries and rechargeable batteries, end-of-life vehicles and waste resulting from their treatment in advance, are stored on a separate site or in separate parts of the site. In the subsequent transmission of metal packaging waste and waste of ferrous and non-ferrous metals, formed after a preliminary treatment of discarded electrical and electronic equipment, spent batteries and rechargeable batteries, end-of-life vehicles to carry out the commercial activity, recovery and recycling, they are recorded separately with code and name under the Ordinance under art. 3. "

4. a para. 8:

"(8) a Licensed trader shall ensure that each playground 24 hour CCTV within one month of receipt of the license, or its complete with new/and/and keep records for one year."


5. The current paragraph. 7 it al. 9 and after the word "activities" shall be inserted "or obtaining an order under art. 59, para. 1, 2, 3 and 4 ".

§ 12. In art. 101, para. 3 Add "except in the cases under art. 59, para. 1, item 4.

§ 13. In art. 104 following amendments and supplements shall be made: 1. In para. 1, item 6, after the word "unlawful" is added "burned tires or electric cables with the purpose of extraction of ferrous and non-ferrous metals" and a comma.

2. in the Al. 4:

a) point 1 shall be amended as follows:

"1. refuses to fill out a document under art. 60, para. 4; "

b) item 4 shall be:

"4. sell waste in violation of art. 60, para. 3. "

§ 14. In art. 106, para. 3 item 5 is created:

"5. violates any of the requirements of art. 60, para. 7. "

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

1. In paragraph 8. 1:

a) point 3 is replaced by the following:

"3. the carry trade activity with scrap under art. 60, para. 3 without the presence of a certificate of origin and/or written contract; "

(b) in item 8) add "or records under art. 60, para. 8 ";

in paragraph 10) shall be amended as follows:

"10. the contract or accept a certificate or declaration with not all required data, identifying the persons or kupuvaniâ waste;"

(d) in point 12), the words "or terminated license in three days" shall be replaced by the words "licence or terminated license for entry deletion of playground in 7 days";

e) point 14 shall be replaced by the following:

"14. violates any of the requirements of art. 60, para. 6. "

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

§ 16. In the transitional and concluding provisions of the law amending and supplementing the law on waste management (SG. 41 of 2010) in paragraph 108 is hereby amended as follows:

1. In paragraph 8. 2 the words "para. 10 "shall be replaced by" para. 9. "

2. in the Al. 3 the words "para. 10 "shall be replaced by" para. 9. "

Transitional and final provisions

§ 17. (1) the licensed areas for trade in ferrous and non-ferrous metals shall comply with the requirements of art. 54, para. 2 in 9 months of the entry into force of this law.

(2) persons holding a license shall submit within the time limit referred to in paragraph 1. 1 the Ministry of economy, energy and tourism sketch or other certifying document issued by the competent authority, for each of the properties, in whose territory the site is located in the license that contains data for the fulfilment of the requirements under art. 54, para. 2. in the event that a part of the sites entered in the licence shall not produce documents, the person stating their deletion from the licence.

(3) failure of the Al. 2 the license terminates automatically when the order includes an order for provisional enforcement, and within three months of receipt of the order for termination dealer is required to cease the activity, to realize the quantities available in ferrous and non-ferrous metals and to take the necessary measures to clean up the site (s).

(4) upon failure to comply with the requirements of art. 60, para. 8 in the 9-month period from the entry into force of this law the playground shall be deleted ex officio and shall be included in the injunction for provisional enforcement.

§ 18. (1) the existing sites for storage and pretreatment of waste cans, discarded electrical and electronic equipment, spent batteries and accumulators and end-of-life vehicles shall comply with the requirements of art. 13 (a), para. 3 in the 9-month period from the entry into force of this law.

(2) the persons carrying out activities with waste under para. 1 shall submit to the competent authority an application for amendment and/or addition to the holdings of these authorization under art. 12, al. 1, item 1 in accordance with art. 45 or application for the issue of a new registration document by the procedure of art. 50 in the period referred to in para. 1. The previous registration document retains its action to the issue of the new, but not later than the expiry of the period referred to in para. 1.

(3) in the cases under art. 13 (a), para. 3 the competent authority shall carry out on-the-spot verification and within two months from the filing of the application or of the removal of the irregularity and/or the submission of additional information by decision as amended and/or supplemented or a reasoned permission refused to amend and/or supplement the authorisation on the grounds of art. 45, para. 8.

(4) the appeal of the decision under paragraph 1. 3 does not stop its implementation.

(5) failure under para. 2 the authorization under art. 12, al. 1, item 1 and/or registration document under art. 12, al. 4 retain your action until the expiry of the period referred to in para. 1. the site is pre established within three months from the expiry of the period referred to in para. 1.

The law was adopted by 41-Otto National Assembly on 30 March 2011 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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