Name of law
Law amending the Law on Environmental Protection




Name Bill
Bill amending the Law on Environmental Protection





Date of adoption
16/12/2009



Number / year Official Gazette
103/2009







DECREE № 409
Pursuant to Art. 98 pt. 4 of the Constitution of the Republic of Bulgaria
DECREE:
To be published in the "Official Gazette" Law amending the Law on Environmental Protection adopted by HLI National Assembly on December 16, 2009
Released in Sofia on December 22, 2009
President of the Republic, Georgi Parvanov
stamped with the state seal.
Minister of Justice Margarita Popova

Law amending the Law on Environmental Protection (prom. SG. 91 of 2002 .; corr., No. 98 2002 ., amend., SG. 86 of 2003, SG. 70 of 2004, pcs. 74, 77, 88, 95 and 105 of 2005, pcs. 30, 65, 82, 99, 102 and 105 2006 pcs. 31, 41 and 89 of 2007, pcs. 36, 52 and 105 of 2008, pcs. 12, 19, 32, 35, 47, 82 and 93 of 2009) | || § 1. In art. 22 is amended as follows:
1. Paragraph 1 shall be amended as follows:
"(1) The Minister of Environment and Waters shall submit to the Cabinet a report on the state of the environment, which after its adoption is published as National Report on the environmental website Ministry of environment and water and the Executive environment Agency. "
2. In para. 2 words "National Assembly" are replaced by "Council of Ministers".
§ 2. In art. 62 made the following amendments:
1. In para. 1 the words "30 October" are replaced by "February 28", the word "next" is replaced by "current" and then the word "year" insert "and the annual activity report for the previous calendar year."
2. Paragraph 3 shall be repealed. 3
. In para. 4 the words "under par. 1 and annual report under par. 3 "are replaced by" and the annual report under par. 1 ".
§3. In art. 69 be made the following amendments:
1. In para. 1, 'in the permits or in the complex permits "are deleted.
2. In para. 5 is a second sentence: "The current sanctions are a flat rate or increasing."
Third. In para. 8, the words "in the permits or in the complex permits" are deleted.
§ 4. In art. 69a para. 1 pt. 2 and par. 2, 'permits or in the complex permits "are deleted.
§ 5. In art. 69b is amended as follows:
1. In para. 1, 4, 5 and 6 the words "in the permits or in the complex permits" are deleted.
2. In para. 8 'in accordance with permits and licenses complex "are deleted. 3
. In para. 10 words "in the permits or in the complex permits" are deleted.
§ 6. In art. 69 c §. 1, 3 and 13 words "in the permits or in the complex permits" are deleted.
§ 7. Article 70 is repealed.
§ 8. Article 83 is amended as follows:
"Art. 83. (1) Estimates of art. 81, para. 1 assigned by the sponsor of the plan or program or sponsor the proposal of art. 81, para. 1 pt. 2 of a team of experts headed.
(2) Head and members of the team under par. 1 may be Bulgarian and foreign individuals who hold a degree "Master".
(3) In the course of consultations on the procedure for assessment of environmental impact (EIA) the competent environmental authority may at its discretion or upon request to recommend to the sponsor team Poale. 1 include experts with specific competence consistent with the specifics of the project or its location.
(4) The members of the team and the head of para. 1 must declare in writing that:
1. They are not personally interested in the realization of the investment proposal, plan or program;
2. know the requirements of the Bulgarian and European legislation on the environment and work on assessments of art. 81, para. 1 refer to and comply with these requirements and applicable methodological documents; requirements for declarations are determined in accordance with Art. 90, para. 1 and Art. 101, para. 1.
(5) The members of the team and manager who prepared estimates of art. 81, para. 1 issue a conclusion guided by the principles of preventing risks to human health and ensuring sustainable development in conformity with the current limit values ​​for environmental quality. "
§ 9. In art. 84, para. 2 words "registered experts" are replaced by "experts art. 83, para. 1 ".
§ 10. In art. 86, para. 1 the words "para. 1-3 "are deleted.
§ 11. In art. 87, para. 1, p. 1, 'registered experts "are replaced by" experts art. 83, para. 1 ".
§ 12. In art. 96 is amended as follows:

1. In para. 1, p. 8, the words "para. 3 "are replaced with" para. 5 ".
2. In para. 6 words "14 days" is replaced by "30 days".
§ 13. In art. 99, para. 2 words "up to three months" are replaced by "45 days".
§ 14. A Art. 103a:
"Art. 103a. (1) The prevention of major accidents and limit their consequences into account at:
1. planning the territory and
2. planning protect the population and environment.
(2) For planning purposes the territory under par. 1 is achieved through control of planning:
1. location of new businesses and / or facilities;
2. significant changes in enterprises and / or facilities which have been granted a permit under Art. 104, para. 1; 3
. new developments such as transport links, residential areas, places of public use close to existing enterprises and / or facilities that have been granted a permit under Art. 104, para. 1, in pursuit of their construction will increase the risk of a major accident in these enterprises, or worsen its consequences.
(3) Control under par. 2 is accomplished by:
1. issuance by the Minister of Environment and Water permits under Art. 104, para. 1 to build and operate new businesses and / or equipment - in the cases under par. 2, p. 1;
2. review by the Minister of Environment and Waters or by an authorized official of permits issued in case of significant changes in enterprises and / or facilities which have been granted a permit under Art. 104, para. 1 - in the cases under par. 2 pt. 2; 3
. coordination of the Minister of Environment and Waters or by an authorized official of the development schemes and plans of the municipalities whose territories have enterprises and / or facilities which have been granted a permit under Art. 104 Art. 121, para. 2 of the Law on Spatial Planning - in the cases under par. 2 item. 3.
(4) In the cases under par. 3 Minister of Environment and Water or an authorized official account of the opinion of the public on the risk of major accidents and provided safety measures derived in accordance with Art. 111, para. 4 of this Act or art. 121, para. 1 of the Law on Spatial Planning.
(5) In planning the protection of the population and environment goals under par. 1 is achieved by making the mayor of the municipality of external emergency plans for companies and / or equipment with high risk potential.
(6) The form and content of external emergency plans under par. 5 shall be determined in accordance with Art. 104, para. 6. "
§ 15. In art. 110 made the following amendments:
1. A new paragraph. 3:
"(3) If an operator based on Decision 98/433 / EC of 26 June 1998 (OJ, L 192 of July 8, 1998, p. 0019? -? 0020) on harmonized criteria exceptions under Art. 9 of Directive 96/82 / EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances, found that certain hazardous substances in the workplace and / or facility or parts of it can cause great accident, it may ask the Minister of environment and water information in the safety report to be limited to the prevention of major accidents and limit their consequences for man and the environment posed by other hazardous substances present in the enterprise and / or facility or parts of it. "
2. Former para. 3, 4 and 5 shall become para. 4, 5 and 6.
3. Former para. 6 is repealed.
4. Created al. 7-9:
"(7) In the cases under par. 3 or 5, the Minister of Environment and Water or an authorized officer within 5 days shall notify the operator that his claim is partially or fully upheld.
(8) In the cases under par. 7 operator in 5 days provide the Minister of Environment and Water revised version of the safety report or a revised version of the documents, which does not include the information received confidential.
(9) In the cases under par. 3 Minister of Environment and Water or an authorized officer annually by 31 January gives the European Commission a list of companies whose application has been partially or fully upheld, giving the reasons for it. "
§ 16. In art. 111, para. 3 words "para. 6 "is replaced with" para. 8 ".
§ 17. In art. 116, para. 2 in the text before item. 1 the word "promptly" is replaced by "as soon as it becomes available" and a comma.
§ 18. In art. 116a para. 1 is amended as follows:
1. In item. 2 the words "para. 6 "is replaced with" para. 8 ".
2. In item. 3 words "para. 4 "and" par. 5 "is replaced with" para. 5 "and" par. 6 '.
§ 19. In art. 116c, par. 2 made the following amendments:
1. In the text before item. 1 after the words "must" add "check" and a comma.
2. Point 1 is amended as follows:
"1. appropriate intervals no longer than three years. "

§ 20. In art. 116z para. 3 in the text before item. 1 the words "may" shall be deleted.
§ 21. In art. 157b para. 4 after the words "Minister of Environment and Water" insert "or an authorized officer."
§ 22. In art. 163 par. 1 is amended as follows:
"(1) A member or team manager under Art. 83, para. 1, which violates Art. 83, para. 5 shall be fined from 1,000 to 10,000 lev, unless subject to a more severe punishment. "
§ 23. In art. 166 pt. 3, after the words "fact finding records of art. 155 "insert" or 157b. "
§ 24. In additional provisions be made the following amendments:
1. In § 1:
a) point 29 shall be amended as follows:
"29. "Facility" is a technical unit within the enterprise, which are manufactured, used, handled or stored hazardous substances. It includes all the equipment, structures, pipelines, machinery, tools, private railway sidings (tracks from the inner rail), docks, landing (port terminals) who operate the facility, piers, warehouses or similar structures, floating or otherwise, necessary for the operation of the facility. "
B) in item. 29a after the words "custody" insert "present."
C) paragraph 43 is amended as follows:
"43. "Operator" means any natural or legal person in respect of which there is one of the following features:
1. operates definitely own facilities, equipment and / or installation;
2. controls the operation of an undertaking, equipment and / or installation; 3
. dispose of and make decisions on the current or future operation of the enterprise, facility and / or installation. "
D) Section 53a is amended as follows:
"53a. "Substantial change in enterprise and / or facility" are:
a) planned by the operator changes or modifications in the enterprise and / or facility, including suspension or modification of existing or construction of new facilities that could significantly affect the danger of occurrence of major accidents;
B) change the amount of any of the dangerous substances present in the establishment and / or equipment and / or introducing new dangerous substances that affect the classification of the enterprise and / or facility and / or have a significant impact on hazard the occurrence of major accidents or seriousness of their consequences;
C) a significant change in the nature or physical form of the dangerous substances or any change in work processes in which they are used or produced;
D) permanent closure of the enterprise and / or facility;
E) changes in regulatory requirements for operational safety of the enterprise and / or facility requiring the use of other techniques. "
E) in Item. 54 the word "large" is deleted;
E) Section 54a is amended as follows:
"54a. "A big accident" is an occurrence of a major emission, fire or explosion that occurs due to uncontrolled developments in the course of the operation of any establishment which is licensed under Art. 104, para. 1 and leading to serious danger to human health and / or the environment that immediate or delayed, inside or outside the establishment, and involving one or more dangerous substances in Table 1 of Annex № 3 or dangerous substances classified in at least one of the hazard categories listed in table 3 of Annex № 3. ";
G) the item. 65:
"65. "Growing sanction" is a sanction that progressively increases in size over time in the presence of the statutory prerequisites for this and based on objectively defined formula for the calculation. "
2. A § 2a:
"§ 2a. This Act transposes the provisions of Directive 96/82 / EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances and Directive 2003/105 / EC of the European Parliament and of the Council of 16 December 2003 , amending Directive 96/82 / EC on the control of major-accident hazards involving dangerous substances. "
§ 25. In § 12b of the transitional and final provisions be made the following amendments:
1 . Paragraph 4 is amended as follows:
(4) "In cases where by a final decision under par. 3 pt. 2 change measures and conditions in the EIA and held assessment procedure for compatibility under § 14 of the Law on Biological Diversity, where appropriate, the competent authority may, at its own initiative, amend and / or supplement the judgment in the assessment of compliance with conditions for the conservation of protected areas, requirements and measures to prevent, reduce or fullest possible elimination of potential adverse consequences of the implementation of the investment proposal. "
2. Created al. 5-7:
"(5) In the cases under par. 4 the competent authority shall make a decision within one month from the entry into force of the decision under par. 3 pt. 2.

(6) The appeal of decisions under par. 3 and 5 do not stop their execution.
(7) In the event of proceedings for par. 1 in which to issue investment proposal will held or completed evaluation procedure compatibility, Art. 31, para. 4 of the Law on Biological Diversity. "
§ 26. Application № 3 to Art. 103, para. 3 is amended as follows:
"Application № 3 to Art. 103, para. 3
1. This Annex applies to determine the presence of hazardous substances to any enterprise and / or facility for the purpose of classification as "enterprise and / or facility with low risk potential" or "enterprise and / or facility upper tier" of the operator and the implementation of the requirements of Chapter seven, section I.
2. The operator of new or existing plant and / or equipment, which are used and / or stored hazardous substances in quantities equal to or in excess of the quantities listed in Tables 1 and 3, column 2 of the Annex is obliged to classify it as "enterprise and / or facility with low risk potential "and operator of a new or existing enterprise and / or facility that is used and / or stored hazardous substances in quantities equal to or in excess of the quantities listed in tables 1 and 3, column 3 He is obliged to classify it as "enterprise and / or facility with high risk potential." In calculating the quantities of hazardous substances comply with all requirements of the application. 3
. Classification under p. 2 defines the obligations of operators under Art. 110, para. 1 and Art. 116a.
4. Mixtures and preparations are treated as pure substances when they fall within the limits of the concentrations determined in accordance with their properties on the criteria set out in the Regulation on the procedure and manner of classification, packaging and labeling of chemicals (prom. SG No.. 5 of 2003 .; amend. and suppl., SG. 66 of 2004, pcs. 50 and 57 of 2005, pcs. 20 of 2007, pcs. 4 and 51 of 2008 ) or the Ordinance to resolve plant protection products (SG. 81 of 2006) implementing the requirements of the European directives mentioned in paragraph. 1 of the notes to table 3, except where expressly indicated certain percentage composition or other explanation.
5. Quantities listed in the table below refer to all businesses and / or facilities.
6. For the purposes of classification of enterprise and / or facility should take into account the maximum quantities of hazardous substances that are present or can be expected to be available at any time at the site of the enterprise and / or facility. Hazardous substances in available quantities equal to or less than 2 percent of the relevant quantities listed in the tables can be excluded in calculating the amount of the relative amounts of hazardous substances under pt. 4 of the Notes to Table 3, if their position in the enterprise and / or facility is such that it could cause a major accident elsewhere in the enterprise and / or facility.
7. The rules for calculating the amount of the relative amounts of hazardous substances under pt. 4 of the Notes to Table 3 shall apply where necessary.
8. For the purposes of classification in the Annex gas is any substance at 20 ° C has an absolute vapor pressure equal to or greater than 101,3 kPa.
9. For the purposes of classification according to the application fluid is any substance which is not gas and not solid at 20 ° C and standard pressure 101,3 kPa.
When one or more dangerous substances present in the establishment and / or equipment are individually listed in Table 1 and are classified into one or more categories of danger according to Table 3, the threshold value specified in Table 1. || |




Table 1




Individually named substances




Hazardous substances


Marginal amount (in tonnes)







Lower-tier


Tier




Ammonium nitrate 1


5000


10,000




Ammonium nitrate 2


1250


5000




Ammonium nitrate 3


350



2500




Ammonium nitrate 4


10


50




Potassium nitrate 5


5000


10,000




Potassium nitrate 6


1250


5000




Arsenic (V) oxide, arsenic (V) acid and / or salts thereof


1


2




Arsenic (III) oxide, arsenic (III) acid and / or salts thereof





0.1




bromine


20


100




chlorine


10


25




Nickel compounds in inhalable powdered form (nickel monoxide, nickel dioxide, nickel sulphide, trinikelov disulfide, dinickel trioxide)





1




ethyleneimine


10


20




fluorine


10


20




Formaldehyde (concentration ≥ 90and%)


5


50




hydrogen


5


50




Hydrogen chloride gas (LNG)


25


250




Lead alkyls


5


50




Liquefied extremely flammable gases (including LPG) and natural gas


50


200




acetylene


5


50




ethylene


5


50




propylene


5


50




methanol


500


5000




4,4-methylenebis (2-chloro-aniline) and / or its salts in powder form





0.01




methyl isocyanate





0.15




oxygen


200


2000




toluene diisocyanate


10


100





Karbonildihlorid (phosgene)


0.3


0.75




Arsenic hydride (arsine)


0.2


1




Trihydride phosphorus (phosphine)


0.2


1




Sulfur dichloride


1


1




Sulfur trioxide


15


75




Polychlorodibenzofurans and polychlordibensodioxins (incl. TCDD), calculated in TCDD equivalent





0.001




The following carcinogenic substances in concentrations exceeding 5% by weight: 4-aminobiphenyl, and / or its salts, benzotrihlorid, benzidine and / or its salts, bis (chloromethyl) ether, chloromethyl methyl ether, 1,2-dibromoethane, diethyl sulfate, dimethyl sulfate, dimethylcarbamoyl chloride , 1,2-dibromo-3-chloropropane, 1,2-dimethylhydrazine, dimethylnitrosamine, hexamethylphosphoric triamide, hydrazine, 2-naphthylamine and / or its salts, 4-nitrodiphenyl and 1,3-propansulton


0.5


2




Petroleum products:
A) petrol and oil;
B) kerosene (incl. Jet fuel);
B) gas oils (incl. Fuel oil, gas oil for industrial and communal purposes and blended gas oil components)


2500


25000






Notes:
1. Ammonium nitrate (5000/10000): fertilizers capable of self-sustaining decomposition
refers to the combined / complex fertilizers based on ammonium nitrate (combined / complex fertilizers containing ammonium nitrate with phosphate and / or potash) which are capable of self-sustaining decomposition and in which the content of ammonium nitrogen is:
- between 15.75 wt% (15.75% by weight of nitrogen-ammonium, equivalent to 45% ammonium nitrate) and 24.5 wt% (24.5 % by weight of an ammonium nitrogen, equivalent to 70?% ammonium nitrate) and total combustible / organic materials no more than 0.4% or fertilizers that meet the requirements of Annex № 3 to Art. 23 and 27 of the Ordinance on special requirements for composition, packaging, labeling and methods of sampling and analysis of fertilizers adopted by Decree № 5 of the Council of Ministers 2003 (SG. 10 of 2003), induction requirements of Directive 80/876 / EEC;
- Equal to or less than 15.75% by weight and contain unrestricted combustible materials and which are capable of undergoing self-sustaining decomposition according to the UN Trough Test (see recommendations of the United Nations Transport of Dangerous Goods: Manual of Tests and criteria, part III, subsection 38.2).
2. Ammonium nitrate (1250/5000): purity meets the requirements for fertilizer
refers to straight ammonium nitrate fertilizers and complex / compound fertilizers based on ammonium nitrate in which the content of ammonium nitrogen is:
- more of 24.5% by weight except for mixtures of ammonium nitrate with dolomite, limestone and / or calcium carbonate with a purity of not less than 90%;
- More than 15,75% by weight for mixtures of ammonium nitrate and ammonium sulphate;
- More than 28% by weight (28% by weight content of ammonium nitrogen, equivalent to 80?% Ammonium nitrate) to a mixture of ammonium nitrate with dolomite, limestone and / or calcium carbonate with a purity of not less than 90% and
that meet the requirements of Annex № 3 to Art. 23 and 27 of the Ordinance on special requirements for composition, packaging, labeling and methods of sampling and analysis of fertilizers. 3
. Ammonium nitrate (350/2500): technical purity
Applies to:
- ammonium nitrate and preparations containing ammonium nitrate in which the content of ammonium nitrogen is:
• between 24.5 and 28 wt% and content of combustible substances is not more than 0.4%;
• more than 28% by weight and content of combustible substances is not more than 0.2%;
- Aqueous ammonium nitrate solution, wherein the concentration of ammonium nitrate is more than 80% by weight.

4. Ammonium nitrate (10/50): materials not meeting the quality requirements and fertilizers that do not meet the test detonation
Applies to:
- materials that are rejected (scrapped) during the manufacturing process ammonium nitrate and preparations containing ammonium nitrate, straight ammonium nitrate and based on ammonium nitrate compound / complex fertilizers referred to in item. 2 and 3, which were returned by the end user of the manufacturer located in temporary storage or delivered to a processing plant for processing, recycling or treatment for safe use, because they no longer meet the conditions of item. 2 and 3;
- Fertilizers referred to in item. 1, first indent, and so on. 2, which do not meet the requirements of Annex № 3 to Art. 23 and 27 of the Ordinance on special requirements for composition, packaging, labeling and methods of sampling and analysis of fertilizers (prom. SG. 10 of 2003 .; amend. Pcs. 105 of 2005).
5. Potassium nitrate (5000/10 000): composite potassium nitrate based fertilizers, in which the potassium nitrate is in prilingovana / granular form.
6. Potassium nitrate (1250/5000): composite potassium nitrate based fertilizers, in which the potassium nitrate is in crystalline form.
7. Polychlorodibenzofurans and polychlordibensodioxins
amounts of polychlorodibenzofurans and polychlordibenzodioxins are calculated by the following factors:





Table 2




Toxic equivalency factors (ITEF) similar substances (NATO / CCMS)




2,3,7,8-TCDD


1


2,3,7,8-TCDP


0,1




1,2,3,7,8-PCDD


0,5


2,3,4,7,8-PCDF


0,5










1,2,3,7,8-PCDF


0,05


















1,2,3,4,7,8-HsHDD


0,1










1,2,3,6,7,8-HsHDD


0,1


1,2,3,4,7,8-HsHDF


0,1




1,2,3,7,8,9-HsHDD


0,1


1,2,3,7,8,9-HsHDF


0,1










1,2,3,6,7,8-HsHDF


0,1




1,2,3,4,6,7,8-HpHDD


0,01


2,3,4,6,7,8-HsHDF


0,1


















OHDD


0,001


1,2,3,4,6,7,8-HpHDF


0,01










1,2,3,4,7,8,9-HpHDF


0,01

























OHDF


0,001




(T = tetra, penta = P, Xc = hexa, hepta = Xn,
O = octa)











Table 3




Categories of substances and preparations not mentioned by name in Table 1




Categories of dangerous substances


Marginal amount (in tonnes)




hazardous substances


hazardous substances




1.


Highly toxic


5


20




2.


toxic


50


200




3.


oxidising


50


200




4.


Explosive (see Note 2)
Where the substance, preparation or article is classified as a UN / ADR, category 1.4


50


200




5.


Explosive (see Note 2)
Where the substance, preparation or article is classified as: UN / ADR, categories 1.1, 1.2, 1.3, 1.5 or 1.6 or classified standard risk phrase R2 or R3


10


50




6.


flammable
(When a substance or preparation falls within the definition given in Note 3a)


5000


50000




7a.


Inflammable
(When a substance or preparation falls within the definition given in note 3 b) (1)


50


200




7b.


Inflammable liquids
(When a substance or preparation falls within the definition given in note 3 b) (2)


5000


50000




8.


Extremely flammable
(When a substance or preparation falls within the definition given in note 3c)


10


50




9.


Dangerous for the environment associated with the following risk phrases:










a) R50: "Very toxic to aquatic organisms" (including R50 / 53)


100


200




b) R51 / 53: "Toxic to aquatic organisms; may cause long-term adverse effects in the aquatic environment "


200


500




10.



Any other classification not cover the above classifications associated with the following risk phrases:










a) R14: "Reacts violently with water '(including R14 / 15)


100


500




b) R29: "in contact with water liberates toxic gas"


50


200






Notes:
1. Substances and preparations are classified according to the Law for protection from harmful effects of the chemicals and the Regulation on the procedure and manner of classification, packaging and labeling of chemicals implementing these Directives and their adaptations to technical progress, Council Directive 67 / 548 / EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labeling of dangerous substances (1) and Directive 1999/45 / EC of the European Parliament and of the Council of May 31, 1999 . approximation of laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labeling of dangerous substances (2).
When substances that are available or may become available in the undertaking and / or equipment not classified as hazardous under Art. 2 of the Protection from harmful chemicals, such as waste, but in terms of the manufacture, use or storage in the enterprise and / or facility constitute or may constitute a danger and have or may have equivalent properties in the risk of major accidents, the provisions for temporary packaging and labeling as required by Regulation on the procedure and manner of classification, packaging and labeling of chemicals.
When hazardous substances present in the establishment and / or facility are classified in more than one hazard category applies danger category with the lowest marginal quantities in accordance with Table 3 of the Annex. For the implementation of pt. 4 of the Notes will be used marginal amount corresponding to the respective classification.
2. "Explosive" means:
- a substance or preparation which presents a risk of explosion by shock, friction, fire or other sources of ignition (standard risk phrase R2),
- a substance or preparation which represents an increased risk of explosion by shock, friction, fire or other sources of ignition (standard risk phrase R3), or
- substance, preparation or article in Class 1 of the European Agreement concerning the international carriage of dangerous goods by road (UN / ADR ) concluded on September 30, 1957, as amended and as implemented by Council Directive 94/55 / ​​EC of 21 November 1994 on the approximation of the laws of the Member States relating to the transport of dangerous goods (3) .
In this definition are pyrotechnics, which for the purposes of Chapter Seven, Section 1 of the Act shall be adopted for substances (or mixtures of substances) designed to produce an effect by heat, light, sound, gas or smoke or a combination thereof as a result of self-sustaining exothermic chemical reactions. If a substance or preparation is classified by both UN / ADR and by standard risk phrases R2 or R3, used classification UN / ADR.
Substances and articles of Class 1 are classified in sections 1.1 - 1.6 in accordance with the classification scheme of the UN / ADR. Sections respectively:
Section 1.1. "Substances and articles which present a mass explosion hazard (a mass explosion is an explosion which affects almost the entire load virtually instantaneously)."
Section 1.2. "Substances and articles which present risk of ejection, but not a mass explosion hazard."
Section 1.3. "Substances and articles which present a fire hazard and even the slightest danger of explosion or risk of ejection or both, but not a mass explosion hazard:
a) combustion of which gives rise to considerable radiant heat, or
b) which burn one after another, producing minor blast or projection or both. "
Section 1.4. "Substances and articles which present only a slight risk of ignition or initiation during transport. The effects are largely confined to the package and is not expected projection of fragments of appreciable size or range. External fire shall not cause virtually instantaneous explosion of the entire contents. "

Section 1.5. "Very insensitive substances presenting a mass explosion hazard which are so insensitive that there is very little probability of initiation or transition from burning to detonation under normal conditions of carriage. As a minimum requirement they shall not explode in the external fire test. "
Section 1.6. "Extremely insensitive articles which do not constitute a mass explosion hazard. The articles contain only extremely insensitive detonating substances and demonstrate a negligible probability of accidental initiation or propagation. The risk is limited to the explosion of a single article. "
In this definition are also explosive or pyrotechnic substances or preparations contained in these products. In the case of articles containing explosive or pyrotechnic substances or preparations, if the quantity of the substance or preparation is known, that quantity shall be considered for purposes of Chapter Seven, Section I of the Act. If the amount is not known, then for the purposes of Chapter Seven, Section I of the law, the whole article shall be treated as explosive. 3
. "Flammable", "highly flammable" and "extremely flammable" in lines 6, 7 and 8 of Table 3 represent:
a) "flammable liquid" - substances and preparations having a flash-point equal to or greater than 21 ° C and less than or equal to 55 ° C (hazards R 10), oxidizing;
B) "flammable liquids":
- substances and preparations which can overheat and ignite on contact with air at ambient temperature without additional energy source (standard phrase risk phrase R 17);
- Substances and preparations with a flash point below 55 ° C and which are liquid under pressure if certain production conditions such as high temperature or pressure may affect the occurrence of a major accident hazard;
- Substances and preparations with a flash point below 21 ° C and which are not extremely flammable (standard phrase risk phrase R 11, second indent);
C) 'extremely flammable gases and liquids ":
- liquid substances and preparations with a flash point lower than 0 ° C, and boiling (or Boiling range, initial boiling point ) at normal pressure of less than or equal to 35 ° C (standard phrase risk phrase R 12, first indent) and
- gases that are flammable in contact with air at room temperature and normal pressure (standard phrase risk R12, second indent), which are in a gaseous or supercritical state, and
- combustible or flammable liquid substances and preparations maintained at temperatures above their boiling point.
4. If the undertaking and / or equipment are manufactured, used and / or stored more than one dangerous substances classified in the same or similar hazard categories in quantities smaller than the threshold value in column 2 or column 3 tables 1 and / or 3 to determine whether the enterprise and / or facility falling under Chapter seven, section I of the law and what is the risk potential, use the following rule:
company is classified as "enterprise with lower tier "if the sum q1 / Q + q2 / Q + qh / Q is equal to or greater than one,
wherein:
q1, q2, ..., qx is the amount of the dangerous substances with the same hazard category;
Q e marginal amount of hazardous substances in Column 2 of Table 1 and / or 3.
The company is classified as "an upper-tier" if the sum q1 / Q + q2 / Q + qh / Q is equal to or greater than one,
wherein:
q1, q2, ..., qx is the amount of available dangerous substances with the same hazard category;
Q is the marginal amount of hazardous substances mentioned in column 3 of Table 1 and / or 3.
This rule applies to assess the overall hazards associated with toxicity, flammability and ecotoxicity of substances. For this purpose, it should be applied three times:
a) for the summation of substances and preparations name listed in Table 1 and classified as toxic or very toxic substances and preparations classified as toxic or very toxic pursuant to Tiers 1 or 2 of table 3;
B) for the summation of substances and preparations name listed in Table 1 and classified as oxidising, explosive, flammable, highly flammable or extremely flammable substances and preparations classified as oxidising, explosive, flammable, highly flammable or extremely flammable according to lines 3, 4, 5, 6, 7a, 7b or 8 of table 3;
C) for the summation of substances and preparations name listed in Table 1 and classified as dangerous for the environment (R50 (incl. R50 / 53) or R51 / 53) substances and preparations classified as dangerous for the environment protection under rows 9 (a) or 9 (b) of table 3.
enterprise and / or facility falls under Chapter seven, section I of the Act, if any amount received under letters "a", "b" or "c" is equal to or greater than 1. "

Transitional and Final Provisions
§ 27. In the Concessions Act (prom. SG. 36 of 2006 .; amend., SG. 53, 65 and 105 of 2006, pcs. 41 59 and 109 of 2007, pcs. 50, 67 and 102 of 2008, pcs. 47 and 99 of 2009) is amended as follows:
1. In art. 103 pt. 2 the words "the Minister of Environment and Water" are deleted.
2. In art. 105, para. 2, 'the Ministry of Environment and Water "are deleted.
§ 28. In the Law on Forests (prom. SG. 125 of 1997 .; amend., SG. 79 and 133 in 1998, pcs. 26 of 1999, pcs. 29 and 78 2000, pcs. 77, 79 and 99 of 2002, pcs. 16 and 107 of 2003, pcs. 72 and 105 of 2005, pcs. 29, 30, 34, 36, 80, 82 and 102 in 2006, pcs. 13, 24, 53 and 64 of 2007, pcs. 43 and 54 of 2008 .; Decision № 4 of the Constitutional Court from 2008? -? pcs. 63 2008 ., amend., SG. 69, 70 and 91 of 2008, pcs. 6, 12, 19, 32, 74, 80 and 94 of 2009) is amended as follows:
1. In art. 16 para. 1 second sentence is deleted.
2. In art. 16a para. 2 t. 5 is amended as follows:
"5. effective decision or opinion where required under Chapter Six of the Law on Environmental Protection and / or assessment decision for compatibility with the object and purpose of the conservation of protected area where required by the Biodiversity Act; ". 3
. In art. 25, para. 6 words "Ministry of Environment and Water," and the comma after they are deleted.
§ 29. In the Law for the Protection of Agricultural Lands (prom. SG. 35 of 1996 .; amend., SG. 14 and 26 of 2000, pcs. 28, 2001, issue. 112 2003 pcs. 18, 29 and 30, 2006, issue. 13 and 64 of 2007, pcs. 36 and 43 of 2008 and SG. 10 of 2009) in art. 11 new paragraph. 3:
"(3) The coordination of the project for reclamation under par. 2 is performed by the Minister of Environment and Waters or by an authorized officer and when the project is envisaged reclamation of land for agricultural purposes and / or for the purpose of forests - and the Minister of Agriculture and Food. "|| | § 30. In the Law on biological diversity (prom. SG. 77 of 2002 .; amend., SG. 88 and 105 of 2005, pcs. 29, 30, 34 and 80, 2006 pcs. 52, 53, 64 and 94 of 2007, pcs. 43 of 2008, pcs. 19 and 80 of 2009) the following amendments:
1. In art. 31, para. 20 tons. 8 is repealed.
2. In art. 49, para. 1:
a) in item. 1 after the words "the Minister of Environment and Water" is added "or authorized by the Deputy Minister";
B) in item. 2, after the words "the Minister of Environment and Water" is added "or authorized by the Deputy Minister";
C) t. 3, after the words "the Minister of Environment and Water" is added "or authorized by the deputy minister".
§ 31. In the Protected Areas Act (prom. SG. 133 of 1998 .; amend., SG. 98 of 1999, pcs. 28, 48 and 78 of 2000, pcs. 23, 77 and 91 of 2002, pcs. 28 and 94, 2005, pcs. 30 and 65, 2006, issue. 24 and 62 of 2007, pcs. 36 and 43 of 2008 and pcs. 19 and 80 of 2009) the following amendments:
1. In art. 13 para. 2, 'written consent of the Ministry of Environment and Water "are replaced by" in consultation with the Minister of Environment and Water or authorized by officials. "
2. In art. 14, para. 4 finally added "or authorized by officials." 3
. In art. 17:
a) in para. 3, 'with permission from the Ministry of Environment and Water "is replaced by" after consultation with the Minister of Environment and Water or authorized by officials ";
B) in para. 4 words "authorized by the Ministry of Environment and Water" is replaced by "after consultation with the Minister of Environment and Water or authorized by officials."
4. In art. 58, para. 2 words "written consent from the Ministry of Environment and Water" are replaced by "in consultation with the Minister of Environment and Water or an authorized officer."
5. In art. 66, para. 2 pt. 2 words "written agreement from the Ministry of Environment and Water" are replaced by "in consultation with the Minister of Environment and Water or authorized by officials."
6. In § 7 of the transitional and final provisions, the words "Ministry of Environment and Water" are replaced by "the Minister of Environment and Water or authorized by officials."
§ 32. In the Law on Medicinal Plants (prom. SG. 29 of 2000 .; amend., SG. 23 and 91 of 2002, pcs. 30 and 65, 2006, issue. 94 of 2007, pcs. 36 and 43 of 2008 and SG. 80 of 2009) in art. 11 after the word "water" insert "or an authorized officer."

§ 33. In the Water Act (prom. SG. 67 of 1999 .; amend., SG. 81 of 2000, pcs. 34, 41 and 108 in 2001, pcs. 47 , 74 and 91 of 2002, pcs. 42, 69, 84 and 107 of 2003, pcs. 6 and 70 in 2004, pcs. 18, 77 and 94 of 2005, pcs. 29, 30 36 and 65 of 2006 .; corr. SG. 66 of 2006 .; amend. pcs. 105 and 108 in 2006, pcs. 22 and 59 of 2007, pcs. 36, 52 and 70 2008 and SG. 12, 32, 35, 47, 82, 93 and 95 of 2009) is amended as follows:
1. In art. 59 para. 2 is amended as follows:
"(2) The documents under Art. 60, para. 9 prepared by persons who possess a professional qualification "Master Engineer" specialty related to the type of permit requested and are registered under the Law on Chambers of Architects and Engineers in Investment Design - when to issue the permit required performance an investment project under the Law on Spatial Planning. "
2. In art. 63 tons. 2 is repealed.
§ 34. (1) Within three months of the entry into force of this Act the Council of Ministers adopt the necessary amendments to the regulations on its implementation.
(2) issued to the entry into force of this Act regulations for its implementation remain in effect as far as not inconsistent.
The law was adopted by the 41 th National Assembly on December 16, 2009 and was affixed with the official seal of the National Assembly.
Chairman of the National Assembly Tsetska Tsacheva
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