Name of law Law amending and supplementing the law on mineral resources Name of Bill a bill amending and supplementing the law on mineral resources of acceptance Date 07/12/2010 number/year Official Gazette DECREE 100/2010 No. 341

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 mineral resources, adopted by the National Assembly of the HLI 7 December 2010.

Issued in Sofia on December 14, 2010.

The President of the Republic: Georgi Parvanov

Stamped with the State seal.

Minister of Justice: Margarita Popova

LAW

amending and supplementing the law on mineral resources (official SG. 23 of 1999; amend. and Suppl., 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, no. 70 by 2008 and no. 19 and 82 from 2009. , PC. 46 and 61 of 2010.)

§ 1. In art. 1, al. 1, item 2, the words "the protection of the Earth and" are replaced by "protection of the Earth through".

§ 2. In art. 2 make the following amendments and additions:

1. In paragraph 8. 2, after the words "para. 1.5 "and 6" shall be added.

2. in the Al. 3 the words "remaining stocks and resources" shall be replaced by ' residual inventories and/or resources.

3. in the Al. 4, the words "the Minister of environment and waters and is provided for publication on the website of the Council of Ministers" are replaced with "Minister of economy, energy and tourism and published on the website of the Ministry of economy, energy and tourism.

§ 3. In art. 5 is hereby amended as follows:

1. In paragraph 1, the words "search and/or examination" shall be replaced by ' search and study and research ", and the words" the bodies under their jurisdiction under art. 7 "are replaced with" Minister of economy, energy and tourism.

2. point 2 shall be replaced by the following:

"2. the authorisations for the prospecting and exploration for oil and gas exploration and prospecting and exploration permits for exploration of natural resources in the continental shelf and in the exclusive economic zone, issued by the Council of Ministers, on a proposal from the Minister of economy, energy and tourism;".

3. In paragraph 3 the words "organs in accordance with their jurisdiction under art. 7 "are replaced with" Minister of economy, energy and tourism.

§ 4. In art. 5 (a), the words "the Minister of environment and waters" are replaced with "Minister of economy, energy and tourism.

§ 5. In art. 6 is hereby amended as follows: 1. In para. 1 the words "the Minister or head of the Office in accordance with the powers under art. 7 ' shall be replaced by "the Minister of economy, energy and tourism.

2. in the Al. 2 the words "the Minister or head of the Department of art. 7 "are replaced with" Minister of economy, energy and tourism ", and the words" search and/or examination "shall be replaced by ' search and study or research".

3. in the Al. 3 the words "the Minister or head of the Department of art. 7 "are replaced with" Minister of economy, energy and tourism.

4. Paragraph 5 shall be repealed.

§ 6. Article 7 is amended as follows:

"Art. 7. (1) the Council of Ministers shall determine State policy on the management of mineral resources with the aim of sustainable development of the country, national security and attracting investors and adopt a national strategy for the development of the mining industry.

(2) the Minister of economy, energy and tourism:

1. develops and after consultation with other interested ministries, departments and organizations submitted for adoption by the Council of Ministers strategy under para. 1;

2. coordinate, conduct public procurement to determine the artist and assign the performance of investment and other projects for geological and geoekoložko study of the territory of the Republic of Bulgaria, on the continental shelf and in the exclusive economic zone in the Black Sea;

3. manage the national geological Fund;

4. organized fundraiser, maintaining the current status and conservation of data under art. 32, para. 1, item 1 of the law on cadastre and land registry, as well as the creation and maintenance of specialized maps, registers and information system on the basis of these data and, on the basis of cadastral data for:

a) permissions for the prospecting and exploration and research;

b) discoveries and deposits of natural resources;

in the mining concessions) of underground resources;

d) authorizations for the management of mining waste facilities;

5. issue certificates of registered inventions of deposits;

6. arrange for the establishment and maintenance of a National balance of stocks and resources of underground resources for all types of underground resources under art. (2);

7. carry out the measures provided for in this law, including actions by conducting competitions and auctions, negotiate and authorize prospecting and exploration and study of underground resources under art. 2, al. 1, item 1, 2 and 4 to 7 after the approval by the Council of Ministers and the contract in the cases specified by this Act;

8. create the necessary organization and makes proposals to the Council of Ministers to grant authorisations for the prospection and exploration and study of underground resources under art. 2 in the continental shelf and in the exclusive economic zone in the Black Sea, as well as for granting authorisations for the prospection and survey and exploration of petroleum and natural gas and contract in the cases specified by this Act;

9. monitor the implementation of the obligations of marketing authorisation holders for the prospecting and exploration for the research contracts under this Act;

10. creates the necessary organization and makes proposals to the Council of Ministers for the granting of concessions for the extraction of underground resources under art. (2);

11. conduct contests and auctions, negotiate and conclude a concession contract in the cases specified by this Act;

12. monitor the implementation of the obligations of the concessionaires in contracts concluded under this law;

13. rights granted for the management of mining waste under part one, Chapter 8;

14. in its capacity as competent authority for the implementation of Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries and amending Directive 2004/35/EC shall draw up and submit to the European Commission provided for in the directive;

15. exercise other powers assigned to it by law. "

§ 7. In art. 8 the words "developed strategy and adopted long-term plans" are replaced by "strategy under art. 7, para. 1. "

§ 8. In art. 9 the words "Ministry of environment and waters ' shall be replaced by" the Ministry of economy, energy and tourism.

§ 9. In art. 13, para. 1 is hereby amended as follows:

1. In the text before point 1, the words "search and/or examination" shall be replaced by ' search and study and study. "

2. In paragraph 3 the words ' Minister of environment and waters "are replaced with" Minister of economy, energy and tourism.

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

1. In paragraph 8. 1 the words "search and/or examination" shall be replaced by ' search and study and research ", and the words" the authority concluded the relevant contract "are replaced with" Minister of economy, energy and tourism.

2. in the Al. 2 the words "the authority concluded the contract, within 10 days of its submission" are deleted.

§ 11. In art. 16, al. 1 the words "the Minister of environment and waters" are replaced with "Minister of economy, energy and tourism.

§ 12. In part one in the name of chapter six words "search and/or examination" shall be replaced by ' search and study and study. "

§ 13. In art. 17, the words "the Minister of environment and waters" are replaced with "Minister of economy, energy and tourism" and the words "search and/or examination" shall be replaced by ' search and study and study. "

§ 14. In art. 18, the words "the Council of Ministers shall arrange drawing up and keep a single register and specialist card" shall be replaced by the "Ministry of economy, energy and tourism organizes the creation and maintains specialized map and register".

§ 15. Article 19 shall be amended as follows:

"Art. 19. (1) the specialized maps of areas for prospecting and exploration, and exploration and the concession areas and the registers of authorisations for the prospecting and exploration, and exploration and concessions for the extraction of natural resources are created and kept in conditions and in accordance with procedures laid down by the Council of Ministers, in accordance with the requirements of chapter IV of the law on cadastre and land registry.

(2) Specialized maps and records are public records are maintained on the website of the Ministry of economy, energy and tourism and all persons have the right to receive official transcripts and extracts of them. "

§ 16. In art. 20 the following modifications are made:

1. In paragraph 8. 1 in the text before point 1, the words "the Minister of environment and waters" are replaced with "Minister of economy, energy and tourism.

2. in the Al. 2 the words "search and/or examination" shall be replaced by ' search and study and study. "

3. in the Al. 5, paragraph 2, the words "search and/or examination" shall be replaced by ' search and study and study. "

4. in the Al. 6 the words "search and/or study or authorization is not entered in the single register of authorisations for search and/or examination" shall be replaced by ' search and study or study or authorization is not entered in the register under art. 17. "

5. Paragraphs 7 and 8 are hereby amended:

"(7) Findings under para. 5 register after examination and acceptance of the reports with calculated reserves and/or resources by the Expert Commission, appointed by the Minister of economy, energy and tourism.

(8) the Minister of economy, energy and Tourism approved the rules for the composition and work of the Panel of experts. "

6. Paragraph 11 shall be deleted.

§ 17. In art. 21 the following modifications are made: 1. In para. 2 the words "search and/or examination" shall be replaced by ' search and study or research ".


2. in the Al. 3 the words "search and/or examination" shall be replaced by ' search and study or research ".

3. in the Al. 4:

a) in the first sentence the words "search and/or examination" shall be replaced by ' search and study or research "and the words" the Minister of environment and waters "are replaced with" Minister of economy, energy and tourism ";

(b) in the second sentence) the words ' Minister of environment and waters "are replaced with" Minister of economy, energy and tourism.

4. in the Al. 7, paragraphs 1 and 2, the words "the Minister of environment and waters" are replaced with "Minister of economy, energy and tourism.

5. in the Al. 8 the words "Minister of environment and waters" are replaced with "Minister of economy, energy and tourism.

§ 18. In art. 22 the words "search and/or examination" shall be replaced by ' search and study and research "and the words" the Minister of environment and waters "are replaced with" Minister of economy, energy and tourism.

§ 19. In art. 22 (b) is hereby amended as follows:

1. Paragraph 5 shall be amended as follows:

"(5) the category of the facility shall be determined under the conditions and by the order of the Ordinance under art. 22 k by means of a risk assessment on the basis of the extent and composition of mining waste, including its changes as a result of possible secondary effects, as well as the degree of stability of the equipment according to its technical specifications. "

2. Paragraph 7 is hereby repealed.

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

1. In paragraph 8. 2 and 4, the words "the Minister of environment and waters" are replaced with "Minister of economy, energy and tourism.

2. in the Al. 5, after the words "the Minister of environment and water" is added "and Minister of economy, energy and tourism.

§ 21. In art. 22 (d) is hereby amended as follows:

1. In paragraph 8. 1 and 2, the words "the Minister of environment and waters" are replaced with "Minister of economy, energy and tourism.

2. Paragraph 3 shall be amended as follows:

"(3) where the activity, producing mining waste, is subject to the EIA procedure in accordance with Chapter vi of the law on environmental protection, the scope of the assessment must be included and the intention of mining waste management."

3. in the Al. 4, the words "the Minister of environment and waters" are replaced with "Minister of economy, energy and tourism.

§ 22. In art. 22 (e) make the following amendments and additions:

1. In paragraph 8. 1 the words "the Minister of environment and waters" are replaced with "Minister of economy, energy and tourism.

2. in the Al. 4: a) in text before point 1, the words "the Minister of environment and waters" are replaced with "Minister of economy, energy and tourism";

b) in point 1 the words "search and/or examination" shall be replaced by ' search and study or survey ";

in) a new item 4:

"4. entered into force a decision on the EIA issued pursuant to Chapter vi of the law on the protection of the environment, or a decision not to carry out EIA;"

(d)) the current item 4 becomes item 5.

3. in the Al. 5, the words "the Minister of environment and waters" are replaced with "Minister of economy, energy and tourism.

4. in the Al. 6 the words "Minister of environment and waters" are replaced with "Minister of economy, energy and tourism.

§ 23. In art. 22 is the following amendments and supplements shall be made:

1. In paragraph 8. 1:

and in the text) before item 1, the words "the Minister of environment and waters" are replaced with "Minister of economy, energy and tourism";

b) in paragraph 2 the words "search and/or examination" shall be replaced by ' search and study or survey ";

c) in item 5 Finally add "drawn up in accordance with the requirements of art. 22 (e) ".

2. Paragraph 3 shall be repealed.

3. Paragraph 4 is replaced by the following:

(4) after the removal of gaps and/or supplement the information provided the Minister of economy, energy and Tourism approves the plan for the management of mining waste in the Al. 1, item 5 and issue the permit. "

4. Paragraph 5 shall be repealed.

§ 24. In art. 22 (g) the following amendments and supplements shall be made:

1. Paragraph 1 shall be amended as follows:

"(1) an authorization under art. 22, para. 4 unlimited. "

2. in the Al. 2:

a) in paragraph 1, after the words "mining waste" is added "affecting its structure";

(b)) in item 5, the word "techniques" is replaced by "available techniques within the meaning of art. 22 a, para. 2. "

3. Paragraph 4 is replaced by the following:

"(4) the Minister of economy, energy and tourism is obliged to notify the public concerned at an early stage about the upcoming changes in the terms of authorisation under art. 22, para. 4 and to provide for 30 days access to available documentation. "

4. in the Al. 6 the words "para. 5 ' shall be replaced by "para. 4. "

5. in the Al. 8 the words "Minister of environment and waters" are replaced with "Minister of economy, energy, tourism, and the words" para. 5 ' shall be replaced by "para. 4. "

§ 25. In art. 22 h is hereby amended as follows:

1. In paragraph 8. 1 and 3, the words "the Minister of environment and waters" are replaced with "Minister of economy, energy and tourism.

2. in the Al. 4:

a) in paragraphs 1 and 2, the words "the Minister of environment and waters" are replaced with "Minister of economy, energy and tourism";

b) in paragraph 3 the words "the Minister of environment and waters" are replaced with "Minister of economy, energy and tourism";

c) in item 5, the words "the Minister of environment and waters" are replaced with "Minister of economy, energy and tourism.

3. in the Al. 6 the words "Minister of environment and waters" are replaced with "Minister of economy, energy and tourism.

4. Paragraph 7 shall be amended as follows:

"(7) Means in the financial collateral may not be subject to enforcement."

§ 26. In art. 22 and al. 2 and 3 are amended:

"(2) the project under para. 1 must be consistent with the management plan of the facility, with the relevant technical requirements and best available techniques and to be agreed with the Minister of economy, energy and tourism.

(3) the operator shall draw up annual work projects for the exploitation of the mining waste which shall be agreed with Minister of economy, energy and tourism together with the annual projects for search and examination or study or for the extraction and primary processing of natural resources. "

§ 27. (K) article 22 shall be amended as follows:

"Art. 22 HP with a decree of the Council of Ministers shall determine:

1. the specific requirements for the management of mining waste, construction, operation and closure of facilities for mining waste, their technical supervision and monitoring;

2. detailed rules for the assessment of the risk of equipment for mining waste;

3. the procedure for the approval of the plan for the management of mining waste and for issuing permits for the facilities for mining waste;

4. the criteria for determining the amount of the financial collateral under art. 22 (h), (I) the terms and conditions of its presentation and release. "

§ 28. In part two in the name of Chapter 1, the words "search and/or examination" shall be replaced by ' search and study and study. "

§ 29. In art. 23 is hereby amended as follows:

1. Paragraph 1 shall be amended as follows:

"(1) authorisations for the prospecting and exploration, and exploration and mining concessions be granted to natural and legal persons, registered as a trader, which prove necessary for the carrying out of the activities of management and financial capacity."

2. in the Al. 2 the words "search and/or examination" shall be replaced by ' search and study or research ".

3. in the Al. 3 and 4, the words "search and/or examination" shall be replaced by ' search and study and study. "

§ 30. In art. 24 al. 2 shall be amended as follows:

"(2) in the cases referred to in para. 1 for the implementation of activities under each permit and/or concession shall be awarded separate contracts with the Minister of economy, energy and tourism. "

§ 31. In art. 25, para. 1 the words "search and/or examination" shall be replaced by ' search and study or research ".

§ 32. Article 26 shall be amended as follows:

"Art. 26. (1) Proceedings for the granting of permission for search and examination or for research or mining concession is found after examination in specialized maps and registers under this Act and after consultation with:

1. the competent Ministers to protect the national security and defense of the country, protected by law areas, sites and cultural values;

2. mayors of municipalities whose territory is situated the area for search and examination or study or the concession area, for verification of whether the requested area for search and examination or for exploring or drilling for underground resources under art. 2, al. 1, item 5 or 6 falls into: a) urbanization with borders defined by a detailed plan;

(b)), in whose territory borders has entered into force development plan to build a national object or an object of social or technical infrastructure – public municipal property;

in the territory), which is included in the program adopted by the Municipal Council or a development plan of the municipality under art. 21, para. 1, item 12 of the law on local self-government and local administration.

(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 under art. 51.

(3) the time limit for s″glasuvatelnite procedures may not be longer than 30 days. Failure in this period of the opinion of the authorities referred to in para. 1 is considered coordination without notes. "

§ 33. In part two, chapter one the name of section II shall be replaced by the following: "permissions to search and study and study."

§ 34. In art. 27, the words "search and/or examination" shall be replaced by ' search and study or research ".

§ 35. In art. 28, paragraph 2, the words "search and/or examination" shall be replaced by ' search and study or research ".

§ 36. In art. 29, paragraph 3, the words "the relevant authority under art. 7 "are replaced with" Minister of economy, energy and tourism.

§ 37. In art. 30 the following modifications are made:

1. In the text before point 1, the words "search and/or examination" shall be replaced by ' search and study or research ".


2. In paragraph 4, the words "the relevant authority under art. 7, Minister of environment and water and/or "are replaced with" Minister of economy, energy and tourism.

§ 38. In art. 31, para. 4, the words "search and/or examination" shall be replaced by ' search and study or research ".

§ 39. In art. 32, para. 1, 2 and 3 the words "search and/or examination" shall be replaced by ' search and study or research ".

§ 40. In art. 35 the following modifications are made: 1. In para. 1, item 2, the words "the Minister of environment and waters" are replaced with "Minister of economy, energy and tourism.

2. in the Al. 2 the words "the authority with which the contract is concluded for the concession, and the Minister of environment and water and/or" are replaced with "Minister of economy, energy and tourism.

§ 41. In art. 37 the following modifications are made:

1. Paragraph 1 shall be amended as follows:

"(1) upon granting a concession is defined concession area, which includes:

1. the area of the locality or individual sections, and

2. areas necessary for the implementation of activities under the concession, outside of mining. "

2. in the Al. 3 the words "the competent authority under art. 7, struck the concession contract "are replaced with" Minister of economy, energy and tourism.

§ 42. In art. 38 the words "search and/or examination" shall be replaced by ' search and study or research ".

§ 43. In part two in the name of chapter II the words "search and/or examination" shall be replaced by ' search and study and study. "

§ 44. In art. 39 the following modifications are made:

1. In paragraph 8. 1:

and in the text) before item 1, the words "search and/or examination" shall be replaced by ' search and study or survey ";

b) in paragraph 3 the words "the competent authority under art. 7 ' shall be replaced by "the Ministry of economy, energy and tourism.

2. in the Al. 2, paragraph 3, the words "search and/or" are replaced by "search and study or research".

3. Paragraph 3 is replaced by the following:

(3) permission for search and examination or concession for exploration and mining in the area, according to field with underground resources under art. 2, al. 3 shall be granted only by invitation to tender for the same group of underground resources. "

§ 45. In art. 40, para. 1 and 2, the words "search and/or examination" shall be replaced by ' search and study or research ".

§ 46. In art. 41 the following modifications are made:

1. In paragraph 8. 1, the words "relevant competent authority under art. 7 ' shall be replaced by "the Ministry of economy, energy and tourism, and then the word" concession "is replaced by" the concession area.

2. in the Al. 2 the words "search and/or examination" shall be replaced by ' search and study or research ".

§ 47. In part two, chapter two in the title of section II, the words ' search and/or examination "shall be replaced by ' search and study and study."

§ 48. Article 42 shall be amended as follows:

"Art. 42. (1) authorisations for the prospecting and exploration and study of natural resources shall be provided through compulsory contest:

1. for oil and natural gas;

2. for underground resources in the continental shelf and in the exclusive economic zone in the Black Sea;

3. where, upon an application by another applicant, within the time limit under art. 39, para. 1, item 3 of the same area and for the same group of underground wealth, according to the notice.

(2) provide mining concessions required by competition for deposits registered by the procedure of art. 21 commercial discoveries, for which an application for granting a concession within the time limit under art. 29, item 3.

(3) the conditions and procedures for the conduct of the competition and auction for the granting of permission to search and study and exploration, as well as for granting a concession for mining shall be determined by an Ordinance of the Council of Ministers. "

§ 49. In art. 43 the following modifications are made:

1. Paragraph 1 shall be amended as follows:

(1) a contest or an auction to grant authorisations for the prospection and exploration and research is conducted on a company initiative or on applications to natural or legal persons or their associations to the Minister of economy, energy and tourism. "

2. in the Al. 2 the words "search and/or examination" shall be replaced by ' search and study or research ".

3. Paragraph 5 shall be amended as follows:

"(5) the Minister of economy, energy and Tourism shall appoint a Committee to organize and conduct a contest or auction. The Commission consists of an odd number of members and includes representatives of the Ministry of economy, energy and tourism, the Ministry of finance and the administration of the Council of Ministers. The majority of the composition of the Commission cannot be formed by representatives of one Office. "

§ 50. In art. 44 the following modifications are made:

1. Paragraph 1 shall be amended as follows:

(1) permission to search and study and exploration of oil and/or natural gas or permission to search and study and exploration of natural resources in the continental shelf and in the exclusive economic zone in the Black Sea is issued by the Council of Ministers, on a proposal from the Minister of economy, energy and tourism. "

2. in the Al. 3 and 4, the words "the Minister or head of the Department of art. 7 ' shall be replaced by "the Minister of economy, energy and tourism.

3. in the Al. 6 the words "Delegated authority" are replaced with "Minister of economy, energy and tourism.

4. Paragraph 7 shall be amended as follows:

(7) the Commission shall consist of an odd number of members and includes representatives of the Ministry of economy, energy and tourism, the Ministry of finance and the administration of the Council of Ministers. The majority of the composition of the Commission cannot be formed by representatives of one Office. "

§ 51. In art. 45 following amendments and supplements shall be made:

1. In paragraph 8. 1 the words "the relevant authority under art. 7 "are replaced with" Minister of economy, energy and tourism.

2. in the Al. 3 point 8 is repealed.

3. in the Al. 4, after the words "Official Gazette" Union "and" shall be deleted and then added, "and on the website of the Ministry of economy, energy and tourism, and for oil and natural gas – and in the official journal of the European Union, as the deadline for buying the competition documentation for oil and natural gas may not be shorter than 120 days and longer than 180 days from the date of promulgation.

4. Paragraphs 5 and 6 shall be read with the following adaptations:

"(5) on the basis of the decision referred to in paragraph 1. 1 Minister of economy, energy and Tourism shall determine the composition of the competition or selection board that prepares the necessary competitive or tender documents for carrying out of competition or auction.

(6) the Commission shall consist of an odd number of members and includes representatives of the Ministry of economy, energy and tourism, the Ministry of finance and the administration of the Council of Ministers. The majority of the composition of the Commission cannot be formed by representatives of one Office. "

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

1. Paragraph 1 shall be amended as follows:

(1) natural or legal persons or their associations – candidates for participation in the contest or an auction to acquire permission for search and examination or for research or mining concession, shall submit a written application to the Bulgarian language in accordance with the announced requirements. "

2. in the Al. 2, item 2, finally a comma and add "according to the date on which the candidate or tenderer is established".

3. a para. 4:

"(4) where the applicant is an Association of natural and/or legal persons, the documents referred to in para. 2, item 1, 2, 4 to 7 shall be presented for each of the individuals. "

§ 53. In art. 48 the following modifications are made:

1. In paragraph 8. 2 the words "payment concessions" are replaced by "the right to search and study or survey or on the amount of the minimum payment on concessionary concession for extraction of underground resources."

2. Paragraph 3 shall be repealed.

§ 54. In art. 49 the following modifications are made:

1. In paragraph 8. 1 the second sentence is deleted.

2. in the Al. 2 and 3 the words "the appropriate Minister or the head of Office" are replaced with "Minister of economy, energy and tourism.

§ 55. In art. 50 following amendments and supplements shall be made:

1. In paragraph 8. 1, item 2, the words "search and/or examination" shall be replaced by ' search and study or research "and the words" the Minister or head of the Office, who "are replaced with" Minister of economy, energy and tourism.

2. a new paragraph. 2:

"(2) where the holder or the appointed concessionaire, is a Union which is not a trader, authorization or concession shall be granted to a newly formed company, in which the participants in the joint possession of the entire equity in the ratio of their Treaty of unification."

3. The current paragraph. 2 it al. 3. § 56. Art is created. 50A:

"Art. 50. The competition or auction to provide authorization or concession shall be terminated by a decision of the authority found the procedure when:

1. an application or proposal;

2. you will not allow the participant;

3. no proposal does not meet the requirements of the Act for the opening of the competition or auction and/or advertised with the contract conditions;

4. render unnecessary the holding of the competition or auction as a result of circumstances not foreseen or could not have been foreseen at the time of acceptance of the Act of initiation;

5. establish violations at the opening or the conduct of the competition or auction, which cannot be removed without affecting the conditions under which the procedure is declared;

6. for the designated holder of the authorization or the concessionaire participant and ranked second and third place players consistently refuse to contract. "

§ 57. In part two, chapter two the name of section III shall be amended as follows: "provision of law permits for prospecting and exploration, and exploration and mining concessions.

§ 58. In art. 51 the following modifications are made:

1. In paragraph 8. 1 the words "search and/or examination" shall be replaced by ' search and study or research "and the words" the relevant authority under art. 7 "are replaced with" Minister of economy, energy and tourism.

2. in the Al. 2, item 1, the words "certified by the relevant documents" shall be deleted.

§ 59. In art. 53 the following modifications are made:


1. In paragraph 8. 1 the words "the authority to which the application was lodged ' shall be replaced by" the Minister of economy, energy and tourism "and the words" search and/or examination "shall be replaced by ' search and study or research".

2. in the Al. 2 the words "search and/or examination" shall be replaced by ' search and study or research ".

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

1. In paragraph 8. 1:

and in the text) before item 1, the words "to the authority under art. 7 according to his competence "shall be replaced by the words" including by electronic means, to the Minister of economy, energy and tourism ";

b) in point 1 the words "certified by the relevant documents" shall be deleted;

c) in item 4 at the beginning is added "number and date of the";

d) point 9 is replaced by the following:

9. legal and financial-economic justification. "

2. in the Al. 2 and 4, the words "the authority under para. 1 "shall be replaced by" the Minister of economy, energy and tourism.

3. in the Al. 6, the words "the Minister or the head of Office to negotiate and conclude a Treaty ' shall be deleted.

4. in the Al. 7 the words "7 days" are replaced by "14 days".

§ 61. Article 56 shall be amended as follows:

"Art. 56. (1) the grant of permission for search and examination or study, or a concession for extraction shall be refused when motivated:

1. There is danger to the national security and defense of the country, the Earth and the environment, to the safety and health of workers and protected by law territories, objects and cultural values;

2. the applicant has submitted false information;

3. the applicant has proposed a programme development plan, respectively, that do not meet the technical and technological standards and the requirements for the protection of the Earth and the environment;

4. the applicant claim a space, within which they are granted rights for prospecting and exploration or research, or for the extraction and there are no conditions under art. 23;

5. the applicant claim to grant rights to underground resources under art. 2, al. 1, item 5 or 6 for the area, which falls within the territory referred to in art. 26, al. 1, item 2.

(2) to reduce the workload on the territory of the State in mining activity, the Council of Ministers may adopt a decision to limit the granting of permissions for obŝorazprostranenite study for underground resources for a specified period of time. The decision of the Council of Ministers is grounds for refusal to grant permissions.

§ 62. In art. 57, the words "search and/or examination" shall be replaced by ' search and study or research ".

§ 63. In art. 58 the words "search and/or examination" shall be replaced by ' search and study or research ".

§ 64. In art. 59 the following modifications are made:

1. In paragraph 8. 1 the words "search and/or examination" shall be replaced by ' search and study or research ".

2. in the Al. 2 the word "authorization" is replaced by "authorization".

§ 65. In art. 60, para. 1 the words "search and/or examination" shall be replaced by ' search and study or research ".

§ 66. In art. 61, para. 3 make the following amendments and additions:

1. In the second sentence:

and the number "30") shall be replaced by "50";

(b) the words "concession area) ' shall be replaced by" the areas under art. 37, para. 1, item 1 and 2 ".

2. a third sentence: "When the concession is for the extraction of minerals from obŝorazprostraneni deposit with stocks accounting for up to 500 000 m3. m all concessionary payment shall be lodged in the budgets of the municipalities. "

§ 67. In art. 62 the following modifications are made:

1. In paragraph 8. 2 the words "the relevant department or Office in which the application was lodged ' shall be replaced by" the Ministry of economy, energy and tourism.

2. in the Al. 3 the words "the Department or Office, who provided the authorization ' shall be replaced by" the Ministry of economy, energy and tourism "and the words" search and/or examination "shall be replaced by ' search and study or research".

§ 68. In art. 63 words "search and/or examination" shall be replaced by ' search and study or research ".

§ 69. In art. 63A, al. 2 is hereby amended as follows:

1. In paragraphs 1 and 2, the words "the authority concluded the Treaty" are replaced with "Minister of economy, energy and tourism.

2. In paragraph 3 the words "the authority concluded the Treaty" are replaced with "Minister of economy, energy and tourism.

3. In paragraph 4, the words "the authority concluded the Treaty" are replaced with "Minister of economy, energy and tourism.

§ 70. In art. 63 (b) is hereby amended as follows:

1. In paragraph 8. 1 the words "search and/or examination" shall be replaced by ' search and study or research ".

2. Paragraph 3 shall be amended as follows:

"(3) the funds in the financial collateral may not be subject to enforcement."

§ 71. In article 63 shall be amended as follows:

"Art. 63. on the early termination of the contract for search and examination or study, or the financial collateral for the concession is transferred entirely to the Ministry of economy, energy and tourism and is used for the implementation of activities under art. 63A, al. 1. "§ 72. In art. 64, para. 1 the words "search and/or examination" shall be replaced by ' search and study or research ".

§ 73. In art. 65, after the words "search and examination" or "be added to the study.

§ 74. In art. 66 is hereby amended as follows:

1. In paragraph 8. 1:

a) point 4 is replaced by the following:

"4. the term of validity of the permit or concession, the moment from which it starts to run and the conditions for the continuation of his;"

(b) in item 15) the words "including international arbitration ' shall be deleted.

2. in the Al. 2 the words "search and/or examination" shall be replaced by ' search and study or research ".

§ 75. In art. 67 following amendments and supplements shall be made:

1. In paragraph 8. 1, after the words "search and examination" or "be added to the study.

2. in the Al. 2:

a) point 1 shall be amended as follows:

"1. the expiry of the authorisation or concession and after acceptance by the competent authorities of the liquidation of the geologoproučvatelniâ or minnodobivniâ object and/or reclamation of the lands and forests;"

(b)) in item 5, the words "by the authorities under art. 90 ' shall be deleted.

3. in the Al. 3 the words "search and/or examination" shall be replaced by ' search and study or research "and the words" the competent authorities under art. 6, al. 1 or a 2 "are replaced by" Minister of economy, energy and tourism.

4. in the Al. 4, the words "the authority which made the Treaty" are replaced with "Minister of economy, energy and tourism.

§ 76. In art. 68 al. 1 shall be amended as follows:

"(1) the Minister of economy, energy and tourism is entitled to suspend the validity of the marketing authorisation for search and examination or study or the concession when the holder of the authorization or the concessionaire shall carry out activities that are contrary to applicable law or violate the terms of the contract."

§ 77. In art. 69 is hereby amended as follows:

1. In paragraph 8. 1 the text before point 1 shall be replaced by the following: "authorization or concession may be terminated only by a decision of the authority which has granted them, when:".

2. paragraph 2 is replaced by the following:

"(2) for the presence of circumstances under para. 1, 2 and 3, the competent authorities shall notify the Council of Ministers and Minister of economy, energy and tourism together with a reasoned proposal for the need to take action to terminate the contract. "

§ 78. In art. 70 is made the following changes and additions:

1. In paragraph 8. 1 the words "art. 69, paragraph 1 "are replaced by" article. 69, para. 1, paragraphs 1 and 3.

2. in the Al. 2, after the words "art. 69 "added al. 1. "

3. Paragraph 3 is replaced by the following:

"(3) on the basis of the decision under art. 69, para. 1 Minister of economy, energy and tourism makes a written notice to the holder of the authorisation or to the concessionaire for termination. "

§ 79. In art. 74, para. 2 the words "search and/or examination" shall be replaced by ' search and study or research ".

§ 80. In art. 75 is hereby amended as follows:

1. In paragraph 8. 1 the words "search and/or examination" shall be replaced by ' search and study or research ".

2. in the Al. 2, the words "relevant body" shall be replaced by the words "Minister of economy, energy and tourism.

3. in the Al. 5, the words "the Minister or the head of Office, concluded the contract for the provision of rights under art. 5 "are replaced with" Minister of economy, energy and tourism.

4. Paragraph 8 shall be replaced by the following:

(8) after the termination of the permission for search and examination or for research or mining concession holder or the concessionaire is obliged to take all measures for the recovery of the damage on the ground, in accordance with the terms of the contract under paragraph 1. 1, authorization to search and study or exploration or mining concession, the legislation in force on the protection of the environment, and other applicable laws the contract. "

5. in the Al. 9, the words "the Minister or the head of Office, concluded the contract for the provision of rights under art. 5 "are replaced with" Minister of economy, energy and tourism.

§ 81. In art. 76, para. 1 and 2, the words "search and/or examination" shall be replaced by ' search and study or research ".

§ 82. Name of part three shall be replaced by the following: "protection of the Earth through the rational utilization of mineral resources in the search, exploration and mining".

§ 83. In art. 77, after the words "protection of the Earth" and "the Union" shall be replaced by "through".

§ 84. Article 78 is amended as follows:

"Art. 78. Every holder of a permit for prospecting and exploration or for research or concessionaire is obliged to carry out activities under authorisations granted or concessions for the extraction and the contract in accordance with the requirements of this Act and the legislation in force on the protection of the environment, agricultural land, forests and cultural values. "

§ 85. In art. 79 words "stocks and resources" shall be replaced by "stocks and/or resources.

§ 86. In art. 80, al. 1 the words "stocks and resources" shall be replaced by ' the stock and/or resources "and finally" is added and the areas necessary for the implementation of activities under the concession, outside of mining under art. 37, para. 1, item 2. "

§ 87. In art. 81, para. 2 the words "the Minister of environment and waters" are replaced with "Minister of economy, energy and tourism.


§ 88. In art. 82, para. 1 the words "search and/or examination" shall be replaced by ' search and study and research ", and the words" the competent authorities under art. 7 "are replaced with" Minister of economy, energy and tourism.

§ 89. In art. 83, para. 2, item 4 Finally adds "by planning of the liquidation or conservation of geological or mining sites and reclamation (including phased reclamation) of affected lands and forests.

§ 90. In art. 84, para. 1 the words "search and/or examination" shall be replaced by ' search and study and research ", and a comma and add the" constitute an integral part of the projects under art. 83, para. 2. "

§ 91. Article 86 is amended as follows:

"Art. 86. The holders of authorisations for the prospecting and exploration, and exploration and concessionaires reported the implementation of the projects referred to in art. 83 and 84 annually with a written report to the Minister of economy, energy and tourism. "

§ 92. Article 87 shall be amended as follows:

"Art. 87. (1) the protection of the Earth in the search, exploration, extraction and primary processing of natural resources shall be provided through their rational use.

(2) rational use of mineral resources in the search, exploration, extraction and primary processing includes:

1. compliance with the established working methodologies, projects technologies and order search and exploration of natural resources;

2. compliance with the approved projects with the working line to absorb the stock of natural resources;

3. optimal seizure of stocks of natural resources in exploitation of the deposits;

4. optimal extraction of useful components from natural resources extracted in their primary processing;

5. protection of the deposits of underground resources by industrial and other construction, usložnâvaŝo exploitation and rational exploitation of stocks;

6. compliance with the approved plan and agreed a comprehensive work project and annual work projects for the management of mining waste;

7. compliance with the established and agreed projects for technical liquidation and/or conservation of geological research and mining sites and reclamation of damaged areas. "

§ 93. Article 88 shall be amended as follows:

"Art. 88. To comply with the requirements of the protection of the Earth through the rational use of mineral resources holder permission to search and study and exploration and a concessionaire is obliged to:

1. carry out activities of prospection, exploration, extraction and processing of natural resources, in accordance with the requirements of the legislation in force;

2. develop and validate after consultation with the Minister of economy, energy and tourism economically justified and consistent with the requirements for environmental protection conditions for the calculation of the stock and resources of the deposits of natural resources;

3. agreement with the Minister of economy, energy and tourism work projects for prospection, exploration, extraction and primary processing of natural resources and the projects for technical liquidation and/or conservation of geological and mining sites;

4. comply with approved projects with the working line for industrial utilization of stocks and resources of underground resources, for their primary processing, as well as the conservation and restoration of the Earth and the environment;

5. water regulatory required geology mine surveying and statistical documentation establishing the movements of stocks and resources of underground resources and indicators of the extent and quality of their extraction from subsurface (loss and impoverishment);

6. extract optimal useful components from natural resources extracted in their primary processing;

7. the document and agreed with the Minister of economy, energy and tourism admitted losses of izv″nproektni underground resources and useful components in extraction and primary processing;

8. do not develop without deposits brought in the national balance sheet stocks and/or resources from underground resources;

9. Re-cultivated into damaged areas of demand, exploration, extraction and primary processing of mineral resources on the basis of a draft agreed with the Minister of economy, energy and tourism;

10. provides the authorities for the protection of the Earth and the environment reports and explanations necessary for the performance of their duties. "

§ 94. Article 89 shall be repealed.

§ 95. In part three in the name of Chapter five the words "protection of the Earth and" are replaced by "protection of the Earth through".

§ 96. Article 90 is replaced by the following:

"Art. 90. (1) the State control on the protection of the Earth through the rational use of mineral resources, including the supervision of the observance of the overall and annual work projects for prospecting and exploration, extraction and primary processing of mineral resources and for the management of mining waste in the territory of the Republic of Bulgaria, on the continental shelf and in the exclusive economic zone in the Black Sea, as well as the control over the implementation of conservation projects , liquidation and rehabilitation shall be effected by the Minister of economy, energy and tourism.

(2) the Minister of the environment and water control the activities submitted permits for prospecting and exploration, and exploration and mining concessions under the conditions of chapter nine of the environmental protection act.

(3) the control over the implementation of the projects referred to in paragraph 1. 1 shall be carried out and by the Minister of culture, when their performance affects the cultural values.

(4) the Minister of the environment and the Minister of culture may authorize officials to carry out tests under para. 2 and 3.

(5) the Mayor of the municipality carry out controls on:

1. the conduct of holders of rights, respectively of the concessionaires of prospecting and exploration activities or research and extraction of natural resources outside the areas designated by the contract;

2. carrying out the extraction of natural resources without duly granted concession or concession, whose action was stopped by the procedure of art. 68 and the contract. "

§ 97. In art. 91 is hereby amended as follows:

1. In the text before point 1, the words "the authorities under art. 90, para. 1 "shall be replaced by" the authorities under art. 90 in accordance with its competence ".

2. In paragraph 1, the words "search and/or examination" shall be replaced by ' search and study or research ".

3. In paragraph 3 the words "the protection of the Earth and" are replaced by "protection of the Earth through".

4. point 4 shall be replaced by the following:

"4. to request the Minister of economy, energy and tourism to stop temporarily, after a written warning, the activities of prospection, exploration, extraction, processing and use of underground resources and the management of mining waste, when not implemented the provisions under item 3;".

5. In paragraph 5, the words "protecting the Earth," are replaced by "protection of the Earth through".

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

1. In paragraph 8. 1 the words "search and/or examination" shall be replaced by ' search and survey or study, "and after the words" without properly authorized "insert" or with the authorization, whose action was stopped by the procedure of art. 68 and the contract ".

2. in the Al. 2 the words "primary processing" shall be deleted, and after the words "without properly granted concession" is added "or a concession, whose action was stopped by the procedure of art. 68 and the contract ".

3. in the Al. 3 the words "Ministry of environment and waters ' shall be replaced by" the Ministry of economy, energy and tourism.

4. in the Al. 4 everywhere the words "search and/or examination" shall be replaced by ' search and study or research ".

§ 99. In art. 94, para. 1 the words "protection of the Earth and" are replaced by "protection of the Earth through".

§ 100. Article 95 shall be replaced by the following:

"Art. 95. (1) the offences under art. 93 and 94 shall be established with the acts of the officials of the Ministry of economy, energy and tourism.

(2) the offences under art. 93, para. 1 and 2 may be established and with acts of the authorized officials from the Mayor of the municipal administration in the territory of which the infringement is carried out.

(3) the penal provisions shall be issued by the Minister of economy, energy and tourism or by officials authorised by him.

(4) the offences under art. 93, para. 4 shall be laid down and with acts of officials from the Ministry of environment and waters or the Ministry of culture, as the penal provisions shall be issued by the relevant Minister or by officials authorised by him. "

§ 101. In § 1 of the additional provisions the following modifications are made:

1. In paragraph 1, the words "search and/or examination" shall be replaced by ' search and study or research ".

2. In paragraph 2, the words "search and/or examination" shall be replaced by ' search and study or research ".

3. point 9 shall be repealed.

4. In paragraphs 19 and 20, the words "search and/or examination" shall be replaced by ' search and study or research ".

5. In paragraph 22, the words ' the search and/or examination "shall be replaced by ' search and study or survey.

6. In paragraph 24, the words "search and/or examination" shall be replaced by ' search and study or research ".

7. In paragraphs 25 and 26, the words "search and/or examination" shall be replaced by ' search and study or research ".

Transitional and final provisions

§ 102. (1) the Council of Ministers shall adopt the strategy under art. 7, para. 1 within 6 months of the entry into force of this law.

(2) the Council of Ministers shall adopt regulations for the implementation of the law on mineral resources and adapt existing regulations in accordance with this Act within six months of its entry into force.

§ 103. (1) The regulations of the Ministry of economy, energy and tourism, the Ministry of environment and water and the Ministry of regional development and public works shall comply with this Act within two months from its entry into force.


(2) the Minister of finance to make the necessary adjustments in the budgets of the Ministry of environment and waters, Ministry of regional development and public works and the Ministry of economy, energy and tourism for 2010 with effect from the entry into force of the changes in spatial regulations under para. 1.

(3) the labour and service of the staff of the Ministry of environment and water and the Ministry of regional development and public works, carrying out the functions under the law on mineral resources, the Ministry of economy, energy and tourism, under the conditions and by the procedure of art. 87 (a) of the law on civil servants and art. 123 of the labour code, and in accordance with the rules of the administrations.

§ 104. (1) Available at the date of entry into force of this law, information and documentation in connection with the maintenance of the national geological and specialized maps and records, including in electronic form, shall be submitted to the Minister of economy, energy and tourism within two months of the entry into force of this law.

(2) the Minister of economy, energy and tourism organized the creation of an electronic database for the national geological Fund within six months of the entry into force of this law.

(3) the Minister of economy, energy and tourism provides the maintenance of up-to-date information on the progress of all of the procedures under this Act on the website of the Ministry of economy, energy and tourism.

§ 105. (1) within two months of the entry into force of this Act, the Minister of environment and water and Minister of regional development and public works shall submit to the Minister of economy, energy and tourism all files on applications and open procedures relating to the granting of authorisations for the prospecting and exploration or for exploring and mining concessions, which have not been completed.

(2) the procedures begun prior to the entry into force of this law shall be completed by the Minister of economy, energy and tourism in the previous row.

(3) the procedures referred to in Chapter vi of the law on the protection of the environment for investment proposals for the extraction and primary processing of natural resources, started in the issued certificate for commercial discovery in the 8 August 2008 order of the law on mineral resources or by concession, granted by the order shall be reversed, acting to 8 August 2008 in cases where the decision of the competent authority on the environment is for the approval of the investment proposal , the concession is terminated and the certificate of commercial discovery is unnerving.

§ 106. (1) the concessionaires and holders of authorisations in concluded on the date of entry into force of this law the concession contracts and contracts for prospecting and exploration for study and retain their rights and obligations under the terms of the contracts.

(2) the agreements concluded on the date of entry into force of this Act, contracts for prospecting and exploration for exploration and extraction of natural resources shall be carried out by the Minister of economy, energy and tourism.

(3) within two months of the entry into force of this Act, the Minister of environment and water and Minister of regional development and public works shall submit to the Minister of economy, energy and tourism all control and archival records of contracts for prospecting and exploration, and exploration and mining concessions.

§ 107. (1) operators of facilities for mining waste in force at the time of the entry into force of this law permits to search and study or exploration or mining concessions, as well as all natural or legal persons whose behaviour are on-site mining wastes present in the Ministry of economy, energy and tourism within one year of the entry into force of this law, a request for approval of a plan for the management of mining waste, or a permit management of mining waste stored in facilities of category "a".

(2) For approval of the plan for the management of mining waste operators communicate:

1. the plan for the management of mining waste under art. 22 (e);

2. the report on the assessment of the risk of mining waste and their storage facilities under art. 22 (b), para. 5.

(3) for the issue of a permit for the management of mining waste stored in facilities of category a operators presented a proposal for a financial collateral arrangement under art. 22. (4) monitoring of all closed under Decree No 74 of the Council of Ministers in 1998 to eradicate the consequences of uranium mining and processing of raw material (official SG 39 of 1998; amend., SG. 48 since 2000, 78/2005, no. 108 of 2007 and no. 93/2009), Decree No. 140 of the Council of Ministers since 1992 for the restructuring of the mining sector and gradual closing of inefficient production capacity (edu. , SG. 61 of 1992; amend., SG. 69 of 1992, issue. 54, 91 and 107 of 1993; Corr, PCs. 2 of 1994; amend., SG. 87 of 1994, PCs. 19 of 1995, PCs. 16 of 1996, PCs. 42 in 1997, PCs. 98 of 1998, PCs. 75 and 112 in 1999, PC. 36 and 101 of 2000, PC. 62 by 2003 and PCs. 2 and 93 from 2009.) and Decree No. 195 of the Council of Ministers since 2000 for technical liquidation, preservation and overcome the detrimental effects upon termination or limitation of production activities in coal mining (official SG. 81 since 2000; amend., no. 18 of 2001/74 of 2002 78/2005, no. 42 of 2007 and no. 93/2009) facilities for mining waste takes place by the sole commercial companies with funds from the State budget through the award under the public procurement Act and in compliance with the provisions of the Ordinance under art. 22 k.

(5) within one year of the entry into force of this law, the regional governors on whose territory are located indoor facilities for mining waste, except in the cases referred to in paragraph 1. 4, whose operator is unknown, submitted to the Ministry of economy, energy and tourism to request approval of a plan for self-monitoring.

(6) the monitoring equipment referred to in paragraph 5 shall be carried out by the Governor, on whose territory each facility is situated, together with the relevant regional Inspectorate of environment and water through the award under the public procurement Act and in compliance with the provisions of the Ordinance under art. 22 k. § 108. (1) where at the date of entry into force of this law, has concluded the contract for the concession for the extraction of natural resources in the repealed § 3 of the law with amendments of the law on mineral resources (SG. 70 of 2008) Al. 2 of art. 3 and have not fulfilled the obligations under § 91 of the transitional and concluding provisions of the law amending and supplementing the law on mineral resources (SG. 70 of 2008), the functions of the Municipal Council are transferred to the Council of Ministers, and the functions of the Mayor of the municipality – Minister of economy, energy and tourism. In these cases, concessionaires shall retain the rights and obligations under the concession contract, unless contrary to the present law.

(2) the mayors of the municipalities that have not implemented the actions referred to in § 91, para. 3 of the transitional and concluding provisions of the law amending and supplementing the law on mineral resources (SG. 70 since 2008), submitted to the Minister of economy, energy and tourism by 31 May 2011:

1. the original documents for the completion of production in cases where actions are for granting a concession for the extraction of natural resources in the repealed para. 2 of art. 3;

2. the acts of municipal property for underground resources, drawn up on the basis of § 7 paragraph 2 of the transitional and concluding provisions of the law on local self-government and local administration and on the basis of the repealed para. 2 of art. 3;

3. the original of the concluded concession contracts for the extraction of natural resources in the repealed para. 2 of art. 3 with all applications and amendments to them, as well as the originals contained in the files of the concessions.

§ 109. Article 66, paragraph 1, subparagraph (a) shall enter into force on 1 July 2011, and § 66, item 2 shall enter into force on 1 January 2011.

The law was adopted by 41-Otto National Assembly on 7 December 2010 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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