Name of law Law amending the Clean Air Act Name of Bill a bill amending the Clean Air Act date adopted 22/10/2010 number/year Official Gazette Decree No 87/2010 302

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

I DECLARE:

To be published in the Official Gazette the law amending the Clean Air Act, passed by the National Assembly of the HLI, 22 October 2010.

Issued in Sofia on November 2, 2010.

The President of the Republic: Georgi Parvanov

Stamped with the State seal.

Minister of Justice: Margarita Popova

LAW

amending the Clean Air Act (promulgated, SG. 45 1996; Corr. 49/1996; amend., SG. 85 of 1997, no. 27 of 2000 102/2001, no. 91 of 2002, 112/2003 No. 95 2005 No. 99 and 102 in 2006. , PC. 86 of 2007, PC. 36 and 52 by 2008, PCs. 6, 82 and 93 from 2009 and PCs. 41 of 2010.)

§ 1. In art. 11 the following amendments and supplements shall be made:

1. Paragraph 5 shall be amended as follows:

(5) it shall be prohibited to manufacture of charcoal in an open way. "

2. a para. 6:

(6) the release of emissions into the air for the production of charcoal by other means should be organised, subject to compliance with the emission limit values of harmful substances in accordance with Regulation No. 1 on emission limit values for polluting substances (pollutants) into the atmosphere from objects and activities with stationary sources of emissions (SG. 64 by 2005). "

§ 2. In art. 17 the following amendments and supplements shall be made:

1. In paragraph 8. 1 the words ' Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that Deplete the ozone layer ' are replaced by ' Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that Deplete the ozone layer (OJ L 286/1 of 31 October 2009) "and the words" Regulation (EC) No 2037/2000 "shall be replaced by ' Regulation (EC) No 1005/2009".

2. in the Al. 6:

a) in paragraph 2, the words "Regulation (EC) No 2037/2000" shall be replaced by ' Regulation (EC) No 1005/2009 ';

b) in paragraph 3 the word "use" is replaced by "under";

in) in item 4 the words ' Council Regulation (EC) No 2037/2000 "shall be replaced by ' Regulation (EC) No 1005/2009 ';

d) points 5 and 6 are amended:

"5. fines or impose financial penalties on persons who import, export, placing on the market and/or use substances that Deplete the ozone layer, or products and equipment containing, or depend on are made from these substances, in contradiction with the requirements of Regulation (EC) No 1005/2009;

6. fines or impose financial penalties on persons who import, export, placing on the market and/or the use of fluorinated greenhouse gases or products and equipment containing, or depend on are made from these substances, in contradiction with the requirements of Regulation (EC) No 842/2006; "

e) in point 7, the words "leakage checks ' shall be replaced by ' checks for leaks", the words "qualification document, issued under the terms of the Ordinance referred to in para. 1 or "shall be deleted and the words ' Council Regulation (EC) No 2037/2000" shall be replaced by ' Regulation (EC) No 1005/2009 ".

3. in the Al. 10:

a) point 1 shall be amended as follows:

"1. the extraction of substances that Deplete the ozone layer, by refrigeration or air-conditioning or heat pump for recycling and reuse of these substances are required to possess a document, issued under the terms of the Ordinance referred to in para. 2; "

b) in paragraph 2 the words "leakage checks ' shall be replaced by ' checks for leaks" and the words "qualification document, issued under the terms of the Ordinance referred to in para. 1 "shall be replaced by" document, issued under the terms of the Ordinance referred to in para. 2 ";

in point 3) shall be replaced by the following:

"3. the extraction of substances that Deplete the ozone layer, with the purpose of regeneration or destruction, shall transmit the substances to persons authorized under art. 37 of the law on management of waste or IPPC permit in accordance with art. 117 of the law on the protection of the environment. "

4. Paragraph 11 shall be deleted.

5. in the Al. 12:

a) in item 1, 2 and 3, after the words "and/or" fluorinated greenhouse gases "and/or of the fluorinated greenhouse gases" and "and/or" fluorinated greenhouse gases "is added as well as the products and/or equipment that contain, or are dependent are made from these substances";

b) in item 4 the words "art. 7-11 and/or 12 of Regulation (EC) No 2037/2000 "shall be replaced by" art. 15, art. 17, art. 20 § 1 and/or art. 24, § 1, of Regulation (EC) No 1005/2009 "and the word" use "is replaced by" depend ".

6. in the Al. 14, in the text before paragraph 1 the words ' Regulation (EC) No 2037/2000 "shall be replaced by ' Regulation (EC) No 1005/2009".

7. Paragraph 15 shall be repealed.

8. in the Al. 16 the words "Regulation (EC) No 2037/2000" shall be replaced by ' Regulation (EC) No 1005/2009 ".

9. in the Al. 17, the words "Regulation (EC) No 2037/2000" shall be replaced by ' Regulation (EC) No 1005/2009 ".

§ 3. In art. 17 and following amendments and supplements shall be made:

1. Paragraphs 1 and 2 shall be read with the following adaptations:

(1) a document for legal capacity of persons who carry out activities associated with checks for leaks, extraction of substances that Deplete the ozone layer, with the aim of recycling and re-use for service and maintenance of refrigeration or air-conditioning systems and heat pumps shall be issued by the Bulgarian branch Chamber – machine, under the terms of the Ordinance under art. 17, al. 2.

(2) the authority under para. 1 establish and maintain an information database of the persons referred to in para. 1, received qualifications. "

2. a para. 3:

"(3) the information database under para. 2 is available on the website of the authority under para. 1. "

§ 4. In art. 17. in the following modifications are made:


1. In paragraph 8. 1 the words "leakage checks ' shall be replaced by ' checks for leaks.

2. in the Al. 3 the words "leakage checks ' shall be replaced by ' checks for leaks.

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

1. Paragraphs 1 and 2 shall be read with the following adaptations:

(1) a person who manufactures, imports, exports, places on the market or use substances that Deplete the ozone layer, and/or fluorinated greenhouse gases, as well as products and equipment containing, or depend on are made from these substances, in violation of art. 4-6, art. 15, art. 17, art. 20 § 1 and/or art. 24, § 1, of Regulation (EC) No 1005/2009 and/or art. 8 and/or art. 9, § 1, of Regulation (EC) No 842/2006 is punishable with a fine of 3000 to 6000 EUR accordingly with the penalty payment in the amount of 8000 to 15000 EUR

(2) a person who violates the rules on labelling laid down in art. 2, 3 and 4 of Regulation (EC) no 1494/2007 of 17 December 2007 establishing, pursuant to Regulation (EC) No 842/2006 of the European Parliament and of the Council of the form of the labels and the additional requirements for the labelling of products and equipment containing certain fluorinated greenhouse gases (OJ L 332/25 of 18 December 2007) and art. 32 of the Ordinance under art. 17, al. 2, is punishable by a fine of 3000 to 6000 EUR accordingly with the penalty payment in the amount of up to EUR 15000 8000. "

2. Create a new para. 3 and 4:

"(3) a person who places on the market reclaimed hydrochlorofluorocarbons halogenated hydrocarbons in hlorfluor containers which are not labelled in accordance with the requirements of art. 11, § 3 of Regulation (EC) No 1005/2009, is punishable by a fine of 3000 to 6000 EUR accordingly with the penalty payment in the amount of 8000 to 15000 EUR

(4) a person who operates refrigeration, air-conditioning or heat pump installations containing reclaimed or recycled hydrochlorofluorocarbons and halogenated chlorofluorocarbons, which are not labelled in accordance with the requirements of art. 11, § 6 of Regulation (EC) No 1005/2009, be fined 1000 EUR, respectively with the penalty payment in the amount $ 3000. "

3. The current paragraph. 3 it al. 5 and in her words "collects and stores" are replaced with "extract" and the words "Regulation (EC) No 2037/2000" shall be replaced by ' Regulation (EC) No 1005/2009 ".

4. the Previous para. 4 and 5 become respectively al. 6 and 7.

5. The current paragraph. 6 it al. 8 and in her words "leakage checks ' shall be replaced by ' checks for leaks" and the words "qualification document" shall be replaced by "aptitude" document.

6. The current paragraph. 7 it al. 9 and is replaced by the following:

(9) a person who carries out the repair and maintenance of refrigeration, air-conditioning or heat pump systems or fire protection systems and fire extinguishers containing substances that Deplete the ozone layer, no document, be fined 1000 EUR, respectively with the penalty payment in the amount $ 2,000. "

7. The current paragraph. 8 it al. 10 and the words ' Council Regulation (EC) No 2037/2000 "shall be replaced by ' Regulation (EC) No 1005/2009".

8. The current paragraph. 9 it al. 11.

9. The current paragraph. 10 it al. 12 and in her words "Regulation (EC) No 2037/2000" shall be replaced by ' Regulation (EC) No 1005/2009 ", the words" leakage checks ' shall be replaced by ' checks for leaks "and the words" art. 17 of Regulation (EC) No 2037/2000 "shall be replaced by" art. 23 of Regulation (EC) No 1005/2009 ".

10. The current paragraph. 11 becomes para. 13 and is amended as follows:

(13) a person who operates a facility covered by the scope of art. 23, § 2 of the Commission Regulation (EC) No 1005/2009, and allow inspections for leaks and/or extraction of substances that Deplete the ozone layer, to be carried out by persons who do not possess the competence document, shall be punished with fine 2000 EUR, respectively with the penalty payment in the amount $ 4000. "

11. The current paragraph. 12 it al. 14 and in her words "leakage checks ' shall be replaced by ' checks for leaks.

12. The current paragraph. 13 it al. 15 and the word "use" is replaced by "depend".

13. Al are created. 16 and 17:

(16) a person who delivers reclaimed hydrochlorofluorocarbons halogenated chlorofluorocarbons and/or fluorinated greenhouse gases of natural and/or legal persons without legal capacity, document is punishable by a fine of 3000 to 6000 EUR accordingly with the penalty payment in the amount of 8000 to 15000 EUR

(17) a person who uses reclaimed and/or recycled hydrochlorofluorocarbons halogenated chlorofluorocarbons for the maintenance or servicing of equipment falling within the scope of Council Regulation (EC) No 1005/2009, and not under the source of regenerated and/or recycled not fully halogenated chlorofluorocarbons shall be punished by a fine of 3000 to 6000 EUR accordingly with the penalty payment in the amount of up to EUR 15000 8000. "

§ 6. In § 1, item 6 of the supplementary provisions, the words "relevant measures to inform and warn the population in the regions concerned" shall be replaced by the words "immediate measures".

§ 7. Paragraph 32 of the transitional and concluding provisions of the law amending the Clean Air Act (SG. 99 2006) is repealed.

§ 8. In other texts of the law the words "leakage checks ' shall be replaced by ' checks for leaks.

Transitional and final provisions

§ 9. Issued documents retain their qualification to the effect the expiry of the period for which they are issued.

§ 10. The law shall enter into force one month after its publication in the Official Gazette, with the exception of § 1, item 1, shall enter into force on 1 January 2012.

The law was passed by the National Assembly 41-Otto on 22 October 2010 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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