Name of law
Law amending the Law on Energy




Name Bill
Amendments to the Law on Energy





Date of adoption
01/07/2010



Number / year Official Gazette
54/2010







DECREE № 187
On the basis of Article 98, item 4 of the Constitution of the Republic of Bulgaria
DECREE:
To be published in the "Official Gazette" Act amending the Energy Act passed by HLI National Assembly on July 1, 2010
Released in Sofia on July 14, 2010
President of the Republic, Georgi Parvanov
stamped with the state seal.
Minister of Justice Margarita Popova

Law amending the Law on Energy (prom. SG. 107 of 2003 .; amend., SG. 18 of 2004, No. . 18 and 95, 2005, pcs. 30, 65 and 74 of 2006, pcs. 49, 55 and 59 of 2007, pcs. 36, 43 and 98 2008, pcs. 35, 41 42, 82 and 103 of 2009)
§ 1. In art. 11 be made the following amendments:
1. Paragraph 1 shall be amended as follows:
"(1) The Commission is a collegial body and consists of 7 members, including the chairman."
2. In para. 2 the word "Vice-Presidents" is deleted. 3
. In para. 3 finally added "entitled to no more than two full consecutive terms."
4. Created al. 4 and 5:
"(4) The composition of the commission - two members with experience in the energy sector and one member with experience in the field of water and sanitation, updated every two years and a half. This rule does not apply to the Chairman.
(5) Committee members continue to exercise their powers after the expiry of their term until the inauguration of new members. "
§ 2. In art. 12 is amended as follows:
1. In para. 1 p. 1 is amended as follows:
"1. with work experience and / or length of service not less than 10 years, of which at least three years:
a) experience in the energy sector - to four members;
B) experience in the field of water and sanitation - for two members;
C) experience in the energy and / or in the field of water and sanitation - to the committee chairman. "
2. In para. 5 tons. 2 is repealed.
§ 3. In art. 13 is amended as follows:
1. Paragraph 1 shall be amended as follows:
"(1) The Commission is a permanent body which meets if no less than five of its members, including:
1. not less than two members with experience in the energy sector - in the powers of the Commission under this Act;
2. at least one member with experience in the field of water and sanitation - in the powers of the Commission under the regulation of water supply and sewerage services. "
2. Paragraph 2 shall be amended as follows:

"(2) The Commission is motivated decisions that are individual or general administrative acts and adopted by a majority of more than half of all committee members."
Third. Paragraph 4 is amended as follows:
"(4) In cases where disclosing protected by law information committee meetings under par. 3 held behind closed doors, as they can be attended by the members of the Commission and the parties to the proceedings. "
§ 4. In art. 25, para. 3, 'in the bulletin of the Commission "be replaced by" on the website of the commission. "
§ 5. In art. 33 para. 1, 't. 1 "are deleted.
§ 6. In art. 35, para. 2 pt. 3 words "Art. 15 "shall be replaced with" Art. 16 '.
§ 7. In art. 62 made the following amendments:
1. Paragraph 1 shall be amended as follows:
"(1) Where the construction or expansion of site and / or linear energy facilities, as well as surface and underground hydro-technical facilities to produce electricity or parts thereof and related production facilities and sites for disposal of industrial waste is done on the property - state property, the competent state authorities establish in favor of the person who will operate the energy facility, consideration right to build on land under the State property Act without tender or competition. "| || 2. A new paragraph. 2:
"(2) Where the construction or expansion of facilities under par. 1 is done on the property - municipal property, municipal competent authorities establish in favor of the person who will operate the energy facility, consideration right to build on land under the Municipal Property Act without tender or competition. "
Third. Former para. 2 becomes para. 3 and in it the word "licensed" shall be deleted and the words "licensed appraiser" are replaced by "assessor".
4. Former para. 3 becomes para. 4.
§ 8. In art. 63, para. 1 the words "para. 3 "are replaced with" para. 4 ".
§ 9. In art. 76 new paragraph. 6:
"(6) The Commission controls the implementation of activities under Art. 39, para. 1, and the fulfillment of the obligation to provide access to its own regulations and / or facility in the cases provided for in this Act. "
§ 10. In art. 101, para. 2 words "Transmission Company" are replaced by "Electricity System Operator."
§ 11. In art. 133 par. 2 is amended as follows:
"(2) The accession of installations of consumers in a building - condominium is carried out with the written consent of the owners of at least two-thirds ownership in the building - condominium."
§ 12. Art. 139b par. 2 is amended as follows:
"(2) The selection under par. 1 is carried out with the written consent of the owners of at least two-thirds ownership in the building - condominium. "
§ 13. In art. 140 made the following amendments:
1. Paragraph 4 is amended as follows:

"(4) radiators, adjustable fittings to them deviations from the building installation for heating as well as deviations from waste hot water are owned by users. Share distribution under par. 1 pt. 2 and individual water meters under par. 1 pt. 3 owned by the user or the person under Art. 139b para. 1 - in the cases provided for in the ordinance of art. 125, para. 3. "
2. A new paragraph. 5:
"(5) The person under Art. 139b para. 1 offers consumers in a building - condominium, either alone or through an authorized person to sign a written contract, which settled:
1. rights and obligations of the parties;
2. ownership of equipment, conditions and method of payment information under Bulgarian State Standards for funds for share distribution; 3
. methodology for the distribution of energy;
4. timing and procedure of recording the readings of the share distribution and the provision of information distributed energy;
5. warranty terms, warranty and maintenance;
6. liability and penalties in the performance of the contract;
7. procedures for handling complaints;
8. Terms and method of payment of the share distribution service;
9. conditions for terminating the contract. "
§ 14. In art. 149a para. 1 is amended as follows:
"(1) Consumers of heat in the building - condominium can buy thermal energy from a supplier chosen by written consent of the owners of at least two-thirds ownership in the building - condominium . "
§ 15. In art. 153, para. 2 words "When two thirds of the owners and holders of real right of use in a building - condominium" is replaced by "When owners holding at least two-thirds ownership in the building - condominium."
§ 16. In art. 162, para. 4 words "in accordance with Art. 159, para. 3 "are replaced by" by an ordinance adopted by the Council of Ministers on a proposal from the Commission. "
§ 17. In art. 201 make the following additions:
1. In para. 2, the pt. 5:
"5. outsource auditing the controlled under this Act, the costs of which are borne by the inspected person. "
2. Created al. 4 and 5:
"(4) Persons who perform audits under par. 2 pt. 5 have rights under Art. 78, para. 2 pt. 1-3 and obligations under Art. 79 and inspected persons - obligations under Art. 78, para. 3.
(5) persons who carry out audits under par. 2 pt. 5, the terms and conditions for the award and the audit shall be determined in accordance with Art. 60. "
§ 18. Section 209 is repealed.
§ 19. In art. 211, para. 1 the words "technical standards or requirements for operation of energy facilities or" shall be deleted and the words "one million lev" is replaced by "200 000 Levs."
§ 20. A Art. 213a:

"Art. 213a. (1) A person under Art. 139b para. 1, which did not offer a contract under Art. 140, para. 5, a pecuniary sanction of 1,000 to 5,000 lev.
(2) Users - entities or sole proprietors who do not sign a contract under Art. 140, para. 5, a pecuniary sanction of 100 to 300 lev. "
§ 21. Article 215 is amended as follows:
" Art. 215. (1) Any person who obstructs or fails to interfere with the officials of the control bodies of the persons conducting examinations, measurements and tests under Art. 78, para. 2 pt. 2 and those carrying out audits of art. 201, para. 2 pt. 5, to fulfill their obligations under this law if it is not a crime, punishable by a fine of 100 to 1,000 lev.
(2) Where an offense under par. 1 is committed by a legal entity or sole trader, a pecuniary penalty from 1000 to 2000 Levs.
(3) Any person who fails or admits to not implement the instructions of officials and control bodies shall be punished by a fine of 500 5000 Levs or a property sanction from 2000 to 10 000 Levs.
(4) who does not fulfill an enacted decision of the Commission shall be fined from 3,000 to 10,000 lev or a pecuniary penalty of up to 20 000 60 000 Levs. "
§ 22. Article 216 is amended as follows:
" Art. 216. An official supervisory body, person carrying out investigations, measurements and tests under Art. 78, para. 2 pt. 2 and a person who carries out audits of art. 201, para. 2 pt. 5 does not fulfill its obligations under this Act shall be fined from 1,000 to 5,000 lev. "
§ 23. In art. 225 made the following amendments:
1. In para. 2 number "209" is deleted, then the number "210" insert "213a".
2. In para. 3, after the words "Art. 211 "insert" 212a ".
Transitional and Final Provisions
§ 24. (1) Until 30 June 2010 the amount of electricity needed to ensure the operational reliability of the main facilities in thermal power plants with a combined production of heat and electricity produced in excess of the amount of electricity energy from cogeneration must be bought by the public provider and / or end suppliers at prices negotiable.
(2) On July 1, 2010 to January 1, 2012, the public provider and / or end suppliers are obliged to buy the amount of electricity needed to ensure the operational reliability of the main facilities in thermal power plants with combined heat and electricity produced over the amount of electricity from cogeneration, except for quantities for which the producer has concluded contracts under Chapter nine, section VII, at a price determined on the basis of individual costs of the proceedings under the provisions of Art . 36, para. 3.

§ 25. (1) Until January 1, 2012, the public provider and / or end suppliers are obliged to buy all the electricity registered a certificate of origin from cogeneration produced by existing at the time of entry into force of this law power plants for combined heat and power without achieving high efficiency indicators, prices according to the relevant regulations of art. 36, para. 3 except quantities manufacturer for its own needs or has contracts under Chapter Nine, Section VII or which participates in the balancing market. For plants which have achieved high efficiency indicators before that date, the provisions of Art. 162.
(2) Dropping the preferential price for electricity registered a certificate of origin from cogeneration, without achieving high efficiency indicators under par. 1, comes into force on July 1, 2010
§ 26. Within three months of the entry into force of this Act the Council of Ministers released the President, Vice-Presidents and members of the committee and elect a chairman and six members, mandate of three members - two with experience in energy and one with experience in the field of water and sanitation is two and half years.
§ 27. For buildings - condominiums, which means share distribution are installed, replaced or replaced batteries after January 1, 2007, the contracts of art. 140, para. 5 be concluded by December 31, 2010
§ 28. In the Law on Spatial Planning (prom. SG. 1 2001 .; amend., SG. 41 and 111 of 2001, pcs. 43 of 2002, pcs. 20, 65 and 107 of 2003, pcs. 36 and 65 of 2004, pcs. 28, 76, 77, 88, 94, 95, 103 and 105 of 2005 pcs. 29, 30, 34, 37, 65, 76, 79, 80, 82, 106 and 108 in 2006, pcs. 41, 53 and 61 of 2007, pcs. 33, 43, 54, 69 98 and 102 of 2008, pcs. 6, 17, 19, 80, 92 and 93 of 2009, pcs. 15 and 41 of 2010) the following amendments:
1. In art. 128, para. 13 after "detailed plan" insert "as well as the alienation of art. 63b of the Energy Act of property outside the settlements and settlements for which no permitted development, for mines in mining of energy resources in an open way and construction is anticipated for the sixth category works'.
2. In art. 186, para. 2 the words "not less than 2/3 of all owners" are replaced by "owners holding at least two-thirds ownership in the building." 3
. In § 5 of the Supplementary Provisions shall be created item. 72:
"72. "Workings" is a system of trenches in the earth's surface within the mining concession area in the open method of deposit of underground resources - energy resources. "
§ 29. This Act shall enter into force on the day of its promulgation in the" Official Gazette ".

The law was adopted by the 41 th National Assembly on July 1, 2010 and is stamped with the official seal of the National Assembly.
Chairman of the National Assembly Tsetska Tsacheva
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