Name of law Law amending the law on the protection of the environment Name of Bill a bill amending and supplementing the law on environmental protection acceptance date 09/06/2010 number/year Official Gazette 46/2010 Decree No 152
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 law on the protection of the environment, adopted by the National Assembly of the HLI, 9 June 2010.
Issued in Sofia on June 17, 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 environmental protection (official SG. 91 of 2002; Corr. 98/2002; amend., 86/2003, no. 70 by 2004, no. 74, 77, 88, 95 and 105 by 2005, issue 30, 65, 82, 99, 102 and 105 of 2006, issue 31, 41 and 89 in 2007. , PC. 36, 52 and 105 of 2008, PCs. 12, 19, 32, 35, 47, 82, 93 and 103 of 2009.)
§ 1. In art. 22 a, para. 3, after the word "information" added "in electronic format in the register under art. 22 (b), paragraph 2 ".
§ 2. In chapter three the title of section VIII is replaced by the following: "protection of the environment from contamination with asbestos and mercury".
§ 3. In chapter three, section VIII to create art. 59B, 59 and 59 (d):
"Art. 59B. Minister of environment and waters is a competent authority from the Republic of Bulgaria, responsible for the application of Council Regulation (EC) no 1102/2008 of the European Parliament and of the Council of 22 October 2008 on the banning of exports of metallic mercury and certain mercury compounds and mixtures and the safe storage of metallic mercury (OB, L 304/75 of 14 November 2008) , hereinafter referred to as "Regulation 1102/2008".
Art. 59. the information referred to in art. 5, al. 3 by Regulation 1102/2008 and shall be submitted to the Minister of environment and water in the stated time.
Art. 59. Persons carrying out activities under art. 2 by Regulation 1102/2008 shall submit the information referred to in art. 6, al. 1 or 2 by Regulation 1102/2008 and to the Minister of environment and water in accordance with the terms laid down in art. 6, al. 3 by Regulation 1102/2008. "
§ 4. In art. 66 following amendments and supplements shall be made:
1. Paragraph 1 shall be amended as follows:
"(1) the national trust ekofond (NDEF) is a legal person with headquarters in Sofia for the management of the funds coming from swap transactions" debt-for-environment and debt-for-nature "," international trade assigned amount units (AAUS) to greenhouse gases, from the sale of quotas for greenhouse gas emissions for aviation activities, as well as from Governments and international financial institutions and other donors intended for environmental protection in the Republic of Bulgaria. "
2. in the Al. 4 Finally, the comma and added "as well as of representatives of the parties – buyers of singing".
§ 5. In art. 68 following amendments and supplements shall be made:
1. In paragraph 8. 1 creating item 3 (a):
"3A. the proceeds from the sales of SINGING and aviation activities;".
2. paragraph 2 is replaced by the following:
"(2) Means of NDEF is spent on environmental projects and activities in accordance with the terms of the donors and with the priorities of national environmental strategies and programmes, as well as with the objectives and priorities of the National Green investment scheme. The decisions to provide funding on projects are public and published on the website of the national trust ekofond. "
§ 6. In art. 83, para. 3, after the words "the competent authority on the environment" shall be added "or an official authorised by him".
§ 7. In art. 89, after the words "the Minister of environment and waters ' shall be added" or an official authorised by him ".
§ 8. In art. 95, para. 3 in the text before paragraph 1, after the words "the competent authorities for a decision on EIA" insert "or authorised by these officials."
§ 9. In art. 96, para. 1 the following endorsements are added:
1. In paragraph 7, after the words "the competent authorities for a decision on EIA" insert "or authorised by these officials."
2. In paragraph 11, after the words "the competent authority" there shall be added "or an official authorised by him".
§ 10. In art. 97, para. 1, after the words "the competent authority" there shall be added "or an official authorised by him".
§ 11. In art. 99 the following endorsements are added:
1. In paragraph 8. 4 in the text before paragraph 1, after the words "the competent authority" there shall be added "or an official authorised by him".
2. in the Al. 5, after the words "the competent authority under paragraph 1. 1 "insert" or an official authorised by him ".
§ 12. In art. 119, para. 2 item 3 shall be replaced by the following:
"3. the modalities for the review, amendment, updating and cancellation of issued permits;".
§ 13. In art. 120 al. 1 and 2 are amended:
"(1) the Minister of the environment and water or an official authorised by him shall be the competent authority for the issuance, revision, amendment, updating and cancellation of permits under art. 117, para. 1 and 2.
(2) the Director of the REGIONAL INSPECTORATE is the competent authority for the issuance, revision, amendment, updating and cancellation of permits under art. 117, para. 3. "
§ 14. In art. 124 create al. 5 and 6:
"(5) in cases where the operator ceases activity in annex No 4 or a part thereof, as a result of the site for which the permit is issued, the Bill is not available within the scope of application installations for which it is necessary to issue the IPPC permit, the Minister of environment and water or an official authorised by him shall revoke the decision to issue an IPPC permit.
(6) in cases where at the request of the operator of the installation is a complex permit issued for installations that are not covered by the scope of annex 4, the Director of the REGIONAL INSPECTORATE shall revoke the decision to issue an IPPC permit after submission of a written application by the operator of the installation. "
§ 15. In art. 125, para. 1 item 3 and 4 are hereby amended:
"3. the controller shall regularly inform about the results of monitoring and shall inform it without delay of any incident or accident with a significant negative impact on the environment;
4. ensure that the representatives of the controller, with all necessary inspections of the installation, for sampling and the collection of the information necessary for the performance of their duties under the law; ".
§ 16. In art. 127 al. 1 shall be amended as follows: ' (1) the decision to issue, cancel, amend, update or cancel the IPPC permit is made public through the mass media within 14 days from the date of issue, while at the same time be sent to the States affected by the activities of installation, in case of cross-border transmission. Within this period shall be notified in writing and the applicant. "
§ 17. In art. 131 and Al are created. 3 and 4:
"(3) the competent authority for the application of the scheme for emissions trading of greenhouse gases is the Minister of environment and water or an official authorised by him.
(4) the scheme for emissions trading of greenhouse gases covers installations under art. 131 in, al. 1 and 2 and aviation activities in annex No. 6. "
§ 18. Article 131 (b) shall be replaced by the following:
"Art. 131 (b). (1) the allocation of quotas for greenhouse gas emissions from installations for 2007 and for the period 2008-2012 shall be carried out in accordance with the national plan for the allocation of quotas for greenhouse gas emissions trading, drafted and adopted under art. 77. (2) the competent authority under art. 131, para. 3 publish and submit to the European Commission not later than 30 September 2011, the list of installations on the territory of the State, which fall within the scope of the scheme for trading greenhouse gas emissions for the period from 2013 onwards, and the amount of allowances allocated free of charge to each installation.
(3) the allocation of allowances for greenhouse gas emissions from installations for the period 2013-2020 and each subsequent period shall be carried out in accordance with the Ordinance under art. 131 l, item 4.
(4) the allocation of the total quantity of allowances for greenhouse gas emissions from aviation activities is carried out as follows:
1. for the period from 1 January to 31 December 2012, the total quantity of allowances allocated to aircraft operators shall be equal to 97% of the historical aviation emissions;
2. for the period from 1 January 2013 to 31 December 2020 and each subsequent period, the amount of allowances allocated to aircraft operators shall be equal to 95 percent of the historical aviation emissions multiplied by the number of years included in the period concerned.
(5) the allocation of 15 percent of allowances for aviation for the period referred to in paragraph 1. 4, paragraphs 1 and 2 shall take place through an auction.
(6) the auction under para. 5 takes place in accordance with the procedure laid down by a regulation of the European Commission, after its entry into force.
(7) the number of allowances allocated for tender for each period in the country, is proportional to its share of the total number of established aviation for all Member States of the European Union, for the reference year reported and verified pursuant to article 15. 131 and, al. 1 and 2.
(8) the reference year for the period referred to in paragraph 1. 4, item 1 is 2010 and for each subsequent period referred to in paragraph 1. 4, paragraph 2 the reference year is the calendar year ending 24 months before the start of the period to which the auction relates.
(9) the proceeds from the sale of allowances by auction shall be used to finance activities on climate change, including:
1. to reduce greenhouse gas emissions, to adapt to the impacts of climate change;
2. for the financing of research and development on ways to curb the harmful effects and adaptation, including in the sectors of Aeronautics and air transport;
3. to reduce emissions through transport with low emissions;
4. to cover the costs of administering the scheme for emissions trading of greenhouse gases;
5. other activities leading to the reduction of greenhouse gas emissions and address climate change, including measures to prevent deforestation.
(10) the proceeds from the sale of allowances for aviation activities entering in the izv″nbûdžetnata account under art. 142 c, para. 1 and is spent through national trust ekofond by the order of the Ordinance under art. 67. (11) For activities undertaken under para. 9, the competent authority referred to in art. 131, para. 3 inform the European Commission.
(12) the competent authority under art. 131 k issued to operators of installations having a greenhouse gas emissions permit, the quantity of allowances allocated for each year of the period by 28 February of the same year.
(13) until 28 February 2012 and by the same date of each subsequent year, the competent authority referred to in art. 131 (k) issue to each aircraft operator the number of allowances allocated to him/her for that year in accordance with art. 131 Oh, al. 1, item 2.
(14) the Quotas for a new participant in the scheme for greenhouse gas emission allowance trading within the greenhouse gases are allocated from the date of entry into force of the decision to use him.
(15) does not issue free allowances under para. 12 for the period from 2013 onwards on plants, of which the European Commission has denied inclusion in the list referred to in paragraph 1. 2. "
§ 19. In art. 131 the following amendments and supplements shall be made:
1. In paragraph 8. 1 and 2, the words "construction and" are deleted.
2. a para. 4:
"(4) any operator of an aircraft referred to in Regulation (EC) no 748/2008 of 5 August 2009 concerning the list of aircraft operators which performed an aviation activity listed in annex I to Directive 2003/87/EC, as at 1 January 2006 or thereafter, each aircraft operator specifying the administering Member State (OJ , L 219/1 of 22 August 2009), or in its subsequent annual amendments, submitted to the competent authority referred to in art. 131, para. 3 monitoring plan for emissions and tonne-kilometre data, drawn up in accordance with the Ordinance under art. 131 l, item 1. "
§ 20. In art. 131 e Al are created. 4 and 5:
(4) operators of new application systems under para. 1 at the latest one month after the receipt of a building permit or within six months before making the change in the nature or the operation of the installation, or due to its expansion, which increases the capacity of the plant or its emissions by a minimum of 10 per cent.
(5) The application referred to in para. 1 the operator declares the existence of documents proving the fulfilment of the requirements of chapter six, section III, and Chapter 7, section II, and indicate their credentials. "
§ 21. In art. 131, para. 3 item 3 is created:
"3. the operator has not submitted the documents referred to in art. 131 e, para. 5. "
§ 22. In art. 131 g al. 1 shall be amended as follows:
(1) the competent authority begins review of authorization in the event of a change in the operation of the installation, when the settlement of this change are complied with the requirements of chapter six, section III, and Chapter 7, section II. "
§ 23. In art. 131 (h) make the following amendments and additions:
1. Paragraph 1 shall be amended as follows:
(1) operators of installations having a greenhouse gas emissions permit and aircraft operators are required by 30 April of each year transmit to the competent authority referred to in art. 131 k, al. 1 a number of allowances equal to the total emissions from the installation, or as a result of the aviation activities of the preceding year, by presenting the verified report. "
2. a new paragraph. 2:
"(2) the competent authority under art. 131 k, al. 1 cancels the transmitted in accordance with para. 1. "
3. The current paragraph. 2 it al. 3 and the word "operator" is replaced by "installation operator or aircraft operator".
4. The current paragraph. 3 it al. and 4 shall be replaced by the following:
"(4) the quotas are valid for emissions of greenhouse gases produced during the period of the EU emission trading scheme."
5. The current paragraph. 4 it al. 5.
6. The current paragraph. 5 it al. 6 and shall be amended as follows:
"(6) units and certified emission reductions emissions reductions units issued under the United Nations Framework Convention on climate change and the Kyoto Protocol, shall be recognized for the performance of obligations of the operators of installations under para. up to 1 per cent of 12.507 allocated quotas for the entire period under the national plan for the allocation of quotas and the operators of aircraft at a rate of up to 15 percent of the number of allowances it is required to return, with the exception of the generated emissions reductions as a result of:
1. the operation of nuclear facilities;
2. activities in land use, land use change and forestry. "
7. The current paragraph. 6 it al. 7 and shall be amended as follows:
(7) within 4 months after the beginning of each new period of the EU emission trading scheme allowances issued for the preceding period, which have not been surrendered and cancelled in accordance with para. 1 and 2 shall be cancelled by the competent authority under art. 131 k, al. 1. "
8. The current paragraph. 7 it al. 8 and after the words "owning a greenhouse gas emissions permit" and "be added to the aircraft operators", and the words "para. 6 ' shall be replaced by "para. 7. "
9. The current paragraph. 8 it al. 9.
10. a para. 10:
(10) the Executive Environment Agency annually publishes on its website the names of the operators of installations and of aircraft operators, who are in breach of requirements to surrender sufficient allowances corresponding to verificiranite their emissions. "
§ 24. In art. 131 and made the following changes and additions:
1. Paragraph 1 shall be amended as follows:
(1) operators of installations referred to in art. 131 in, al. 1 and 2 and aircraft operators are required to be drawn up in accordance with the Ordinance under art. 131 l, item 2 annual report on emissions of carbon dioxide emitted from the installation, or as a result of the aviation activities during the previous year and present it to the competent authority referred to in art. 131 k, al. 1 immediately after the verification. "
2. in the Al. 3 the word "operator" is replaced by "operator of installations or aircraft operator".
3. Paragraph 4 is replaced by the following: "(4) operators and aircraft operators are required to inform the competent authority under art. 131, para. 3 any change in the operation of the installation or a change in the aviation business. "
4. Al are created. 5, 6 and 7:
(5) operators of installations carrying out activities listed in annex 7, paragraph 1.1, 2.3-2.6, 3.5, 3.6, 4.3-4.13, which are included in the scheme for greenhouse gas emission allowance trading within the greenhouse gases from 2013 onwards, until 30 April 2010, provide the competent authority under art. 131, para. 3 supported with enough data for the period 2005-2008 for greenhouse gas emissions in accordance with Annex 7.
(6) the competent authority under art. 131, para. 3 check the data referred to in para. 5 and they shall report to the European Commission by 30 June 2010.
(7) in the event that some of the installations under para. 5 release in addition to carbon dioxide and other greenhouse gases, the competent authority referred to in art. 131, para. 3 may notify the European Commission of less emissions in accordance with the possibilities to reduce emissions of these installations. "
§ 25. Article 131 (l) shall be replaced by the following:
"Art. 131 l. Council of Ministers issued regulations for:
1. modalities for the issuance and review of permits for greenhouse gas emissions from installations and for monitoring of operators and aircraft operators participating in the scheme of emissions trading of greenhouse gases;
2. terms and method of reporting and verification of reports from operators and aircraft operators;
3. modalities of the functioning of the national registry for accounting for issuance, holding, transfer, transfer and cancellation of allowances for greenhouse gas emissions;
4. the modalities of allocation of quotas for greenhouse gas emissions for the period 2013-2020 and each subsequent period;
5. modalities for the organisation of national inventories for harmful substances in ambient air in accordance with the requirements of the Convention on long-range transboundary air pollution, done at Geneva on 13 November 1979 (ratified by Decree – SG 16/1981) (SG. 45 since 2003), and the United Nations Framework Convention on climate change. "
§ 26. Create art. 131 n – 131 with:
"Art. 131. (1) the aircraft operators may submit an application to the competent authority referred to in art. 131, para. 3 for free allocation no later than 21 months before the start of the period to which it relates and to 31 March 2011 for the period under art. 131 b, para. 4, item 1.
(2) the request under paragraph 1. 1 include verified tonne-kilometre data from aviation activities listed in annex No 6, performed by the aircraft operator for the monitoring year under para. 3.
(3) the monitoring year is the calendar year ending 24 months before the start of the period to which the application refers in para. 2, and 2010 for the period under art. 131 b, para. 4, item 1.
(4) the competent authority under art. 131, para. 3 the European Commission sent the applications received at least 18 months before the beginning of the period to which the application relates, or in relation to the period referred to in art. 131 b, para. 4, paragraph 1, by 30 June 2011.
Art. 131 Oh. (1) the competent authority under art. 131, para. 3 calculate and publish: 1. allowances for the period to each aircraft operator, calculated by multiplying the tonne-kilometre data included in the application, the parameter under para. 2, item 5;
2. quotas allocated to each year of the period to each aircraft operator, calculated as dividing the quantity of quotas referred to in paragraph 1 to the number of years in the period for which that aircraft operator performs an aviation activity listed in annex 6.
(2) the calculation and publication of the data referred to in para. 1 shall be made within three months after the decision by the European Commission to:
1. the total quantity of allowances to be allocated for the period;
2. the number of allowances to be allocated by auction for the relevant period;
3. number of allowances from the special reserve for aircraft operators for the period;
4. the number of allowances to be allocated free of charge and which shall be determined by subtracting the number of allowances referred to in paragraphs 2 and 3, of the total quantity of allowances decided upon under paragraph 1;
5. the parameter that will be used for the free allocation of allowances to aircraft operators.
(3) the benchmark referred to in paragraph 1. 2, item 5, expressed in number of quotas order data is calculated by dividing the number of allowances referred to in paragraph 1. 2, item 4, of the sum of the tonne-kilometre data included in applications under art. 131 n, al. 1, sent to the European Commission.
Art. 131 p. (1) Allowances amounting to 3 percent of the total quantity of allowances it will allocate for the periods under art. 131 b, para. 4 shall be set aside in a special reserve for aircraft operators:
1. beginning to carry out an aviation activity falling within Annex No 6, after the monitoring year according to art. 131 n, al. 3 in respect of the period specified in art. 131 b, para. 4, item 2, and whose activity does not represent in whole or in part a continuation of an aviation activity previously performed by another aircraft operator, or
2. the average annual emissions have increased by more than 18 percent annually between the monitoring year according to art. 131 n, al. 3 – in relation to the period referred to in art. 131 b, para. 4, item 2, and the second calendar year of that period and the additional activities do not represent, in whole or in part a continuation of an aviation activity previously performed by another aircraft operator.
(2) all unallocated allowances from the special reserve is sold at auction.
Art. 131 p. (1) the Operator of an aircraft that meets the conditions set out in art. 131 p, al. 1, may apply for a free allocation of allowances from the special reserve, on application to the competent authority referred to in art. 131, para. 3. (2) the application shall be submitted by 30 June of the third year of the period referred to in art. 131 b, para. 4, item 2, period to which it relates.
(3) the allocation of allowances to aircraft operator in accordance with art. 131 p, al. 1, paragraph 2 may not exceed 1 0000 0000 quotas.
(4) the European Commission decide to be a parameter that will be used for the free allocation of allowances to aircraft operators which have submitted applications.
(5) the competent authority under art. 131a, al. 3 calculate and publish:
1. the quantity of allowances from the special reserve allocated to each operator of aircraft meeting the criteria of art. 131 p, al. 1;
2. the quantity of allowances allocated to each aircraft operator for each year which shall be determined by dividing the quantity of quotas referred to in paragraph 1 to the number of full calendar years remaining in the period under art. 131 b, para. 4, item 2.
(6) the quotas referred to in paragraph 1. 5, item 1 shall be calculated by the parameter under para. 4 by multiplying:
1. for the tonne-kilometre data included in the request, for aircraft operators, to which art. 131 p, al. 1, item 1;
2. the absolute growth in tonne-kilometres performed by exceeding the time limit set out in art. 131 p, al. 1.2 percent included in the application – for aircraft operators, to which art. 131 p, al. 1, item 2.
Art. 131. the Executive Environment Agency annually publishes on its website the names of the operators of installations and of aircraft operators, who are in breach of requirements to surrender sufficient allowances corresponding to verificiranite their emissions. "
§ 27. In chapter seven establishes section IV with articles 142a-142 (h):
' Section Iv
International trade in SINGING and a national Green investment scheme
Art. 142. (1) this section governs the rules, requirements, legal guarantees and legal relations in the sale of SINGING by the Bulgarian State in order to develop and implement a national Green investment scheme in the Republic of Bulgaria.
(2) the prescribed emission units are privately owned, which constitute a special type of rights – in international trade pursuant to art. 17 of the Kyoto Protocol.
(3) the National Green investment scheme seeks financial and institutional support for investment and other projects that reduce greenhouse gas emissions on the territory of the country or lead to other positive environmental effects and impact on the environment, including by reducing factors of anthropogenic activities related to climate change and global warming, in accordance with the requirements of Community law and national legislation in the field of environmental protection.
(4) the Bulgarian State guarantees through the National Green investment scheme the use of funds received from the sales of SINGING, for the purposes of paragraphs 1 and 2. 3.
(5) the National Green investment scheme includes the organisation of the recruitment, evaluation, validation and the financing of projects for green investments through NDEF, monitoring and control of the implementation of such projects and verification by independent accredited organisations on the implementation and the results achieved by the projects for green investments.
(6) in the National Green investment scheme proper spending of the funds from the sale of SINGING ensure further through the participation of representatives of the parties – buyers of SINGING, composition and activities of the Advisory Board of the NDEF and publicity of the reports on the evaluation and implementation of projects for green investments to be financed from NDEF.
(7) the requirements of the parties – buyers of SINGS, to the objectives and ways of spending the funds from the sale of SINGING are an integral part of the contract for the sale of singing, concluded by the Bulgarian State, and accordingly, from contracts for the funding of projects for green investments between NDEF and investors who take on the implementation of projects for green investments.
Art. 142 (b). (1) the participation of the State in international trade with the SINGING is done through procedures for sale of SINGING under this Act and the regulations for its implementation.
(2) the sale includes a procedure of negotiations with interested parties or their representatives authorized buyers, the adoption of a decision of the Council of Ministers for approval a draft contract with the basic parameters of the transaction, the contract for the sale of SINGING between the Bulgarian State and country and buyer writing off SINGING sold by national register under art. 131 k and their transfer in the register of country buyer.
(3) the procedure of sale of AAUS shall be initiated at the request of the parties concerned – participants in international trade with SINGING, which is the basis for the beginning of negotiations with potential buyers. The negotiations are being conducted by the Minister of finance, Minister of environment and water and Minister of economy, energy and tourism and/or authorised by them.
(4) the Ministers under para. 3 submit the draft contract for the sale of SINGING for the approval by the Council of Ministers.
(5) the contract of sale is signed by the Minister of finance, Minister of environment and water and Minister of economy, energy and tourism and accordingly by the Plenipotentiaries of the buyer country. Contracts for the sale of AAUS shall be amended by the order of their conclusion.
(6) the Minister of the environment and waters take actions under the corresponding quantity sold sing the national register under art. 131 k and their transfer in the register of country buyer under the terms of the contract for sale.
Art. 142. (1) the Funds from the sale of SINGING in a special extra-budgetary account, which is maintained and controlled by the Minister of finance. The Minister of finance supervises the performance of the contracts for the sale of SINGING and spending of the funds granted by the NDEF contracts for the funding of projects under the National Green investment scheme (NSZI), including the costs for administrative needs in the implementation of NSZI.
(2) the Minister of the environment and water ensure compliance with the conditions for eligibility for the participation of the State in international trade in SINGING through the national system for greenhouse gas inventory, maintenance of the national register under art. 131 k and annual inventory of greenhouse gas emissions.
(3) in the case of the absence of an explicit requirement of the buyer of singing for the face of the funds from the sale by NSZI these funds and the State budget is spent on environmental projects.
Art. 142. (1) the contracts for the sale of AAUS are only designed to finance projects in NSZI, including the administrative costs of the action, except in the cases under art. 142 c, para. 3. (2) the funds of the special extra-budgetary account under art. 142 c, para. 1 translate NDEF account as follows:
1. up to 5 percent of the funds shall be paid to the NDEF to cover the administrative costs of running the NSZI within one month of the entry in the account referred to in art. 142 c, para. 1;
2. the remaining funds are transferred to fund projects approved by the green investment NDEF of appropriate tranches as set out above in their performance contracts concluded between the investor and the NDEF.
(3) the Ministry of finance controlled the use of resources on the part of investors and NDEF in green investment projects.
Art. 142 e. (1) the implementation and application of NSZI is assigned to the NDEF, which is responsible for recruitment, the adoption and implementation of the award of the green investment projects that will be funded by proceeds from international trade in AAUS in accordance with the requirements of this Act and the terms of the sales contracts.
(2) the funds from the sale of AAUS shall be used for financing projects in the field of energy, transport, agriculture and forestry, waste management, and water, industry and other sectors of the national economy, which: 1. reduce greenhouse gas emissions or removals by the following examples of measures: (a) improving energy efficiency);
(b)) share of renewable energy sources, in particular the use of biomass;
c) capture and recovery of methane;
d) afforestation, reforestation and changes in land use;
e) development and implementation of environmental technologies that stimulate improved energy efficiency or renewable energy sources;
is) developing and introducing policies to mitigate climate change in order to fulfil its obligations under the Kyoto Protocol;
g) educational measures, research and measures to improve the administrative capacity and the management of the activities under the policy on climate change;
h) raising awareness of the general public on issues related to climate change;
and) development and introduction of measures for adaptation to climate change;
2. greatly improve the quality of the environment, including the reduction of pollution of air, water and soil.
(3) the National Green investment scheme is managed in accordance with the guidelines of the European Union for State aid and the international principles of good practice, including: 1. transparency;
2. environmental and economic efficiency;
3. reliability;
4. traceability;
5. accountability.
(4) the implementation and application of NSZI is ensured through publicity of the criteria and decisions for approval of projects, the terms of the treaties in their implementation, monitoring and control systems for the implementation of treaties and verification systems of the outcome of the implementation of projects by independent accredited organisations.
Art. 142. The National Trust ekofond concluded contracts for the financing of approved projects for the application of the NSZI with the investors who are applicants and implementers of the projects.
Art. 142. (1) the control and monitoring of the implementation of the contracts and projects for the implementation of NSZI is carried out by the Executive Bureau of the NDEF.
(2) the participation of the parties – buyers of SINGING, in the systems of control and monitoring is assured by the inclusion, if they so wish, to their representatives on the Advisory Board of the NDEF. Each side buyer may indicate only one representative to the Advisory Council regardless of the number of persons who purchase as its representatives.
Art. 142. (1) the validation of the design and verification of emission reductions of greenhouse gases through projects of NSZI, where required, is carried out by independent accredited organisations designated by the order of art. 135 and art. 136 or accredited under the United Nations Framework Convention on climate change.
(2) the executors of projects and NDEF authorities may refuse access and data provision of accredited organizations that are necessary for their evaluation and verification of the implementation of the projects and contracts.
(3) the Ministry of finance, the Ministry of environment and water and the Ministry of economy, energy and tourism and their authorities and territorial structures have the necessary assistance in verification of projects. "
§ 28. In art. 144, para. 1, item 1 letter "l" is repealed.
§ 29. In Chapter 9, section III creates art. 157 (d):
"Art. 157. (1) in compliance with the requirements of Regulation 1102/2008 shall be carried out by the Minister of environment and water or by officials authorised by him.
(2) for the purpose of monitoring the implementation of the Regulation 1102/2008 the Executive Director of the National Revenue Agency and the Director of the Customs Agency provided upon request by the Minister of environment and water or by officials authorised by him in accordance with art. 5, al. 3 by Regulation 1102/2008. "
§ 30. Article 164 (a) shall be replaced by the following:
"Art. 164. (1) For failure to comply with the requirements of art. 128 h, para. 1 of the installation of the operator or aircraft operator – legal person or sole proprietor, a penalty payment in the amount $ 200. for every tonne of carbon dioxide equivalent, for which the operator has not betrayed the quotas.
(2) payment of the pecuniary penalty under para. 1 does not exempt the operator from the obligation to forward the missing quantity of allowances in the next calendar year. "
§ 31. Art is created. 164 in: "art. 164. (1) in the event that an aircraft operator fails to comply with the requirements of art. 131 c, 131 h, 131 and 164 and compliance cannot be provided through other actions, the competent authority referred to in art. 131, para. 3 may request the European Commission to take a decision to impose a ban on the operation of the aircraft operator.
(2) the request under paragraph 1. 1 includes:
1. evidence that the aircraft operator has not respected its obligations under art. 131 c, 131 h, 131 and 163;
2. information on action taken by the competent authority to ensure the application;
3. justification for the imposition of a ban on the operation of the territory of the European Union;
4. a recommendation for the scope of the prohibition to operate on the territory of the European Union, as well as other conditions that should be applied.
(3) in the event that the Commission decides on a request under paragraph 1. 2, the competent authorities shall take the necessary steps for the implementation of this decision.
(4) For the action taken under paragraph 1. 3, the competent authorities shall forward information to the European Commission. "
§ 32. Art is created. 166 (b):
"Art. 166. (1) (b) natural or legal persons exporting metallic mercury and/or its compounds and mixtures under art. 1, al. 1 of Regulation 1102/2008 or mixed metallic mercury with other substances for the sole purpose of exporting metallic mercury shall be punishable by a fine, penalty payment respectively, from 50 000 to 100 000 LEVs.
(2) For failure to comply with the provisions or providing false information under art. 5, al. 3 and art. 6 of Regulation 1102/2008 natural or legal person carrying out the activity under art. 2 by Regulation 1102/2008, shall be punished with fine, penalty payment respectively, from 3000 to 10 000 LEVs. "
§ 33. In § 1 of the additional provisions are made the following amendments and additions:
1. In paragraph 34, finally after (c) is added:
"In the scheme for greenhouse gas emissions trading in accordance with art. 131 and the term installation applies to combustion plants with a rated thermal input of 20 to 50 MW. "
2. point 36 is replaced by the following:
"36." emission "means the direct or indirect release of substances, vibrations, heat or noise into the air, water or soil of organized or diffuse sources in the framework of an installation or the release of greenhouse gases from aircraft carrying out an aviation activity listed in annex 6."
3. Create t. 43A – 43 k:
"43." aircraft operator "is the person who operates an aircraft at the time that it carries out aviation activity listed in annex No 6, or if that person is not known or is not indicated by the owner of the aircraft – the person who is the owner of the aircraft.
43 (b) "commercial air transport operator is an operator that provides services for remuneration for the public transport of passengers, cargo or mail on scheduled or non-scheduled air services.
43. "Administering Member State" means:
(a) the Member State) of the European Union, which has granted the operating licence to the operator of an aircraft – in the case of an aircraft operator with a valid operating licence issued by a Member State of the European Union, in accordance with the provisions of Regulation (EC) no 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (OJ , L 293/3 of 31 October 2008);
(b)) the Member State of the European Union, with the largest number of allowances provided for established from flights performed by that aircraft operator in the base year – in all other cases.
43. the "base year" is the first calendar year of the activity of the operator of an aircraft who has started to operate in the community after 1 January 2006, and in all other cases – calendar year beginning on January 1, 2006 (for the purposes of paragraph 2).
43 e. "Established aviation emissions" means emissions from all flights falling within the aviation activities listed in annex No 6, which depart from an airport situated in the territory of a Member State or arrive at such an airport in a third country.
43. "Historical aviation emissions ' means the arithmetical mean of the annual emissions in the calendar years 2004, 2005 and 2006 from aircraft performing an aviation activity listed in annex 6.
43. ' incineration ' means any oxidation of the fuel, regardless of how you use heat, electrical or mechanical energy produced by this process, and any other directly associated activities including waste gas scrubbing.
43. "tonne-kilometre" is ton payload carried off half a mile away.
43. "distance" as defined under item 43 (h) is the distance in the shortest arc of the Earth's land area (ortodroma) between the airport of departure and the airport of arrival plus additional unchanging factor of 95 km.
43 k. "payload" within the meaning of the definition in item 43 (h) is the total weight of the transported during the aviation business cargo, mail and passengers. "
4. Create t. 66, 67 and 68:66. " Prescribed quantity is the total emissions of greenhouse gases, which is defined for the Republic of Bulgaria under the Kyoto Protocol for the period from 1 January 2008 to 31 December 2012.
67. "Prescribed emission unit (sings)" t″rguema "is a unit of the prescribed quantity of" equivalent to one tonne of carbon dioxide equivalent.
68. "Validation" is the process of independent verification and confirmation of the reliability, credibility and accuracy of project documentation.
§ 34. Paragraph 2 (a) of the supplementary provisions shall be replaced by the following: "§ 2A. This law establishes the provisions of Directive 96/82/EC of 9 December 1999 on the control of major-accident hazards involving dangerous substances, Directive 2003/105/EC of the European Parliament and of the Council of 16 December 2003 amending Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances of Directive 2008/101/EC of the European Parliament and of the Council of 19 November 2008 amending Directive 2003/87/EC so as to include aviation activities in the scheme for trading greenhouse gas emissions trading within the community and of art. 1, paragraphs 10 and 13 of the directive 2009/29/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading within the Community greenhouse gas emissions. "
§ 35. In the transitional and final provisions are made the following amendments and additions:
1. In paragraph 12, the words "article 131, paragraph (h). 8 "are replaced by" article 131, paragraph (h). 9. "
2. Create is § 19 and 20:
"§ 19. When in the first two years of each of the periods referred to in art. 131 b, para. 4, there is no established aviation emissions from flights performed by the aircraft operator to have been established for its administering Member State, pursuant to paragraph 43 (b) of paragraph 1 of the supplementary provisions, the operator of an aircraft is transferred to another administering Member State for the next period. The new administering Member State is the Member State with the highest number of allowances provided for established from flights performed by that aircraft operator during the first two years of the previous period.
§ 20. Article 131, paragraph (h). 6 shall apply in relation to aircraft operators for the period referred to in art. 131 b, para. 4, item 1. "
§ 36. Annex No 6 is created to art. 131, para. 4:
' Annex No 6 to art. 131, para. 4
From 1 January 2012 in the scheme for trading greenhouse gases include all flights which arrive at or depart from an airport situated in the territory of a Member State to which the Treaty applies.
Activities
Greenhouse gases
Aviation:
Flights which depart from or arrive in an airport situated in the territory of a Member State of the European Union.
This activity shall not include:
1. flights performed exclusively for the transport by an official of the reigning monarch and his immediate family, heads of State, government leaders and Ministers of the countries which are not Member States, where this is substantiated by the indication of the nature of the fields in the flight plan;
2. military flights performed by military aircraft and customs and police flights services;
3. flights related to search and rescue operations, fire-fighting flights end, humanitarian flights and flights for emergency medical assistance, which are authorised by the competent authority under art. 131, para. 1;
4. any flights performed exclusively under visual flight rules as defined in annex 2 to the Chicago Convention;
5. flights, ending at the airport from which the aircraft has taken off and during which no intermediate landings;
6. training flights performed exclusively for the purpose of obtaining the certificate, or of the class when it comes to flight crew where this is substantiated by the remark in the flight plan provided that the flight does not serve for the transport of passengers and/or cargo or for the positioning or transport aircraft;
7. flights performed exclusively for the purpose of conducting research, testing or inspection or issuance of a certificate for the aircraft or equipment, whether it is intended for flight or ground;
8. the flights performed by aircraft with a certified maximum take-off weight of less than 5700 kg;
9. the flights performed in the framework of obligations for the provision of public services imposed in accordance with Council Regulation (EC) no 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the community, to intra-Community air routes, routes in the outermost regions as defined in article 349 of the Treaty on the functioning of the European Union , or on routes where the capacity does not exceed 30 000 seats per year, and
10. flights which otherwise would fall within this activity and are operated by commercial air transport operators and which are either:
(a)) less than 243 flights per period of three consecutive four-month periods, or
b) flights with total annual emissions of less than 10 000 tonnes per year.
Flights performed exclusively for the transport on the occasion of the official managing the monarch and his closest relatives, the heads of State, government leaders and Ministers of the Member States, cannot be excluded at this point.
Carbon dioxide
“
§ 37. Annex 7 shall be set to art. 131 and, al. 5:
"Annex 7 to the art. 131 and, al. 5 1. Installations or parts of installations used for research, development and testing of new products and processes and installations used exclusively biomass, not covered by the scheme for trading greenhouse gas emissions.
2. the threshold values given below generally refer to production capacities or outputs. Where several activities falling under the same category shall be carried out at the same installation, the capacities of such activities are added together.
3. When calculating the total rated thermal input of the installation in order to decide whether to be included in the scheme for greenhouse gas emissions trading, aggregating the nominal thermal capacity of all technical facilities that are part of it and in which fuels are burned in the plant. Such equipment could include all kinds of boilers, pipes, torchlight turbines, heaters, furnaces, incinerators, furnaces for calcining, baking ovens, ovens, dryers, engines, fuel cells, equipment of cyclic dry burning flares, and thermal or catalytic after-burning facilities. Installations with a total rated thermal input under 3 MW and installations used exclusively biomass shall not be taken into account for the purposes of this calculation. "Facilities that use exclusively biomass" include facilities that use fossil fuels only when running or stopping of the installation.
4. If a facility serves as the activity for which the threshold value is not expressed as total rated thermal power, the threshold value of this activity has the advantage in making the decision to include in the scheme for greenhouse gas emissions trading.
5. Where it is found that in an installation is exceeded the threshold value of power of any activity in this application, all of the facilities that burn fuels other than facilities for incineration of hazardous or municipal waste are included in the greenhouse gas emissions permit.
Activities
Greenhouse gases
1. Energy sector
1.1 combustion of fuels in installations with a total rated thermal input exceeding 20 MW (except combustion in incineration of hazardous or municipal waste)
Carbon dioxide
1.2. Refining mineral oils
Carbon dioxide
1.3. Coke production
Carbon dioxide
2. production and processing of metals
2.1. Roasting and granulation, agglomeration, including metal ore (including a sulfide ore)
Carbon dioxide
2.2. Production of pig iron or steel (primary or secondary fusion) including continuous casting with a capacity exceeding 2.5 tonnes per hour
Carbon dioxide
2.3. Production and processing of ferrous metals (including ferro-alloys) where combustion installations with a total rated thermal input exceeding 20 MW. Processing includes, inter alia, prokatni looms, intermediate annealing, tempering furnaces, smitheries, foundries, coating and pickling
Carbon dioxide
2.4. The production of primary aluminium
Carbon dioxide and perfluorocarbons
2.5. The production of secondary aluminium using combustion installations with a total rated thermal input exceeding 20 MW
Carbon dioxide
2.6. The manufacture or processing of non-ferrous metals, including production of alloys, refining, casting, etc., where combustion installations with a total rated thermal input (including fuels used as reducing agents) exceeding 20 MW
Carbon dioxide
3. Manufacture of products of mineral raw materials
3.1. The production of cement clinker in rotary kilns with a production capacity exceeding 500 tonnes per day or in other furnaces with a production capacity exceeding 50 tonnes per day
Carbon dioxide
3.2. Production of lime or calcination of dolomite and magnesite in rotary kilns for firing or in other furnaces with a production capacity exceeding 50 tonnes per day
Carbon dioxide
3.3. The manufacture of glass including glass fibre with a melting capacity exceeding 20 tonnes per day
Carbon dioxide
3.4. production of ceramic products by firing, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain, with a production capacity exceeding 75 tonnes per day
Carbon dioxide
3.5. production of mineral wool insulating materials with use of glass, stone or slag with a melting capacity exceeding 20 tonnes per day
Carbon dioxide
3.6. the drying or calcination of gypsum or manufacture of gypsum boards and other gypsum products – in the case of combustion installations with a total rated thermal input exceeding 20 MW
Carbon dioxide
4. other activities
4.1. production of pulp from timber or similar fibrous materials
Carbon dioxide
4.2. production of paper or cardboard with a production capacity exceeding 20 tonnes per day
Carbon dioxide
4.3 production of amorphous carbon (soot) with karbonizirane of organic substances such as oils, tar, cracking and distillation residues-in case of use of facilities with a total rated thermal input exceeding 20 MW
Carbon dioxide
4.4. Nitric acid production
Carbon dioxide and nitrous oxide
4.5. The production of adipic acid
Carbon dioxide and nitrous oxide
4.6. production of glioksalova and glyoxalic acid
Carbon dioxide and nitrous oxide
4.7. production of ammonia
Carbon dioxide
4.8. manufacturing of organic chemicals in bulk, in bulk or by cracking, reforming, partial or full oxidation or by similar processes with a production capacity exceeding 100 tonnes per day
Carbon dioxide
4.9. Production of hydrogen (H2) and synthesis gas by reforming or partial oxidation with a production capacity exceeding 25 tonnes per day
Carbon dioxide
4.10. The production of soda ash (Na2CO3) and sodium bicarbonate (NaHCO3)
Carbon dioxide
4.11. Capture of greenhouse gases from plants which fall within the scope of art. 131 in, al. 1 and 2, for the purpose of transmission and storage in geological formations of storage sites for which it is granted permission to store carbon dioxide, issued in accordance with Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the storage of CO2 in geological formations and amending Directive 85/337/EEC , directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC and 2008/1/EC and Regulation EC/No 1013/2006 of the European Parliament and of the Council (OJ L 140/114 of 5 June 2009), hereinafter referred to as "the directive 2009/31/EC"
Carbon dioxide
4.12. transfer of greenhouse gas through pipelines with the purpose of storage in geological formations of storage sites for which it is granted permission to store carbon dioxide, issued in accordance with Directive 2009/31/EC
Carbon dioxide
4.13. Storage of greenhouse gases in geological formations of storage sites for which it is granted permission to store carbon dioxide, issued in accordance with Directive 2009/31/EC
Carbon dioxide
“
Transitional and final provisions
§ 38. (1) within 6 months from the entry into force of this law the Council of Ministers shall adopt the necessary amendments to the Ordinances under art. 131 l, 1, 2, 3 and 5.
(2) within one year of the entry into force of this law the Council of Ministers shall adopt Ordinance referred to in art. 131 l, item 4.
§ 39. The mineral resources Act (promulgated, 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, issue 19 and 82 from 2009) make the following amendments and additions :
1. In art. 22 in, al. 2, after the words "by the Minister of environment and water," added "or by the authorized officer thereof".
2. In art. 22 (d):
(a)) in the Al. 1 the words "approved by the Minister of environment and waters ' shall be replaced by ' approved by the Minister of environment and water, or by an official authorised by him";
(b)) in the Al. 4 the word "approval" shall be replaced by "approval".
3. In art. 22 (e):
(a)) in the Al. 1 the words "approved by the Minister of environment and waters ' shall be replaced by ' approved by the Minister of environment and water, or by an official authorised by him";
(b)) in the Al. 5, after the words "by the Minister of environment and water," added "or by an official authorised by him";
in) in the Al. 6, after the words "the Minister of environment and waters ' shall be added" or an official authorised by him ", the word" approve "is replaced by" endorses "and the word" affirm "shall be replaced by ' approved ';
(d)) in the Al. 7 the word "approval" shall be replaced by "approval".
4. In art. 22 is al. 5 shall be amended as follows:
(5) within 14 days of the entry into force of a positive EIA decision the Minister of environment and water or an official authorised by him approves the plan for the management of mining waste in the Al. 1, item 5, then the authorisation. "
5. In art. 22 and, al. 3, after the words "by the Minister of environment and water," added "or by the authorized officer thereof".
6. In art. 26, al. 3, after the words "by the authorities referred to in para. 1 "insert" or by officials authorised by them ".
§ 40. The law shall enter into force on the day of its publication in the Official Gazette.
The law was adopted by 41-Otto National Assembly on 9 June 2010 and is stamped with the official seal of the National Assembly.
President of the National Assembly Tsetska Tsacheva:
4925
