Name of law Law amending and supplementing the law on renewable and alternative energy sources and biofuels Named Bill a bill amending and supplementing the law on renewable and alternative energy sources and biofuels adoption date 11/12/2009 number/year 102/2009 Official Gazette DECREE No. 403

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

I DECLARE:

To be published in the Official Gazette the law amending and supplementing the law on renewable and alternative energy sources and biofuels, adopted by the National Assembly of the HLI 11 December 2009.

Issued in Sofia on December 16, 2009.

The President of the Republic: Georgi Parvanov

Stamped with the State seal.

Minister of Justice: Margarita Popova

LAW

amending and supplementing the law on renewable and alternative energy sources and biofuels (promulgated, SG. 49 of 2007; amended by 98/2008 82/2009.)

§ 1. In art. 5, al. 1, item 3 and 5, the words "Minister of transport" shall be replaced by the words "the Minister of transport, information technology and communications.

§ 2. In art. 23, para. 1 the words "Minister of transport" shall be replaced by the words "the Minister of transport, information technology and communications ' and the words ' automotive petrol and diesel oil" shall be replaced by "fuel oils of petroleum origin for the purposes of transport".

§ 3. Article 24 is amended as follows:

"Art. 24. (1) persons who marketed liquid fuels of petroleum origin for the needs of transport, are obliged to release for consumption within the meaning of the law on excise duties and tax warehouses to offer fuel for diesel and petrol engines blended with biofuel as a percentage, as follows:

1. with effect from 1 March 2010 – fuel for diesel engines with content of at least 2% biodiesel by volume;

2. with effect from 1 September 2010 – fuel for diesel engines on biodiesel content a minimum of 3 per cent by volume;

3. by 1 March 2011 – fuel for diesel engines on biodiesel content a minimum of 4 percent by volume and fuel for gasoline engines with bioethanol content of at least 2 percent by volume.

(2) the content of biodiesel and bioethanol in fuels for diesel and petrol engines with al. 1 must not exceed 5 percent by volume.

(3) within two months after the expiry of the periods referred to in paragraph 1. 1 final broadcasters are required to market the fuels for diesel and petrol engines, in accordance with the requirements of para. 1 and 2.

(4) To 1 March 2011, the persons referred to in para. 1 and 3 may market a car petrol (KBKSS) with content of bioethanol, which must not exceed 5 percent by volume, providing the information in a conspicuous place on the content of ethanol, and the proper use of the mixture.

(5) persons who place on the market for liquid fuels transport needs to be compiled for each batch with a declaration of compliance with the quality requirements according to art. 18 (a), para. 2 of the Clean Air Act, and the distributors and the broadcasters provide for any subsequent distribution a copy of the Declaration of conformity of liquid fuel distributed batch under art. 18 (b), para. 1, item 2 of the same law.

(6) the State Agency "State reserve and war" buys and sells petroleum products intended for creating, storing and updating of State reserves and wartime stocks required, unmixed with biofuels. Persons who purchase fuel for diesel engines of State Agency "State reserve and war" are required to mix them with biodiesel in percentage and in terms of the Al. 1, 2 and 3. "

§ 4. In art. 25, the words "and placing on the market ' shall be deleted.

§ 5. In art. 27, the words "through the General Directorate for quality control of liquid fuels" are replaced by "or by officials authorised by him".

§ 6. The title of Chapter vi shall be replaced by the following: "compulsory administrative measures and administrative penal provisions".

§ 7. Art is created. 32A: "art. 32. (1) in establishing the offences under art. 24, the President of the State Agency for metrological and technical surveillance or authorised by him, officials have the right to apply the following compulsory administrative measures:

1. to temporarily suspend the placing on the market and distribution of liquid fuels, where no declaration of conformity is provided under art. 24, para. 5 or the Declaration does not comply with the regulatory requirements, as well as where the result of the test in a mobile laboratory and expert opinion found that liquid fuel does not meet any of the requirements of art. 24, para. 1, 2 and 3;

2. to prohibit the placing on the market and distribution of liquid fuels, where, as a result of the test in a permanently sited laboratory finding and having found non-compliance with the requirements of art. 24, para. 1-3;

3. to provide for withdrawal from the market of liquid fuels and sealed the premises of Terminal distributors, when the result of the test of the control sample, which was found non-compliance with the requirements under art. 24, para. 1-3, was not contested within 7 days of receipt or in case of contesting the claim he is confirmed by the results of the test of the sample.


(2) Compulsory administrative measures referred to in paragraph 1. 1 apply a reasoned order in which they are given compulsory requirements and by placing the supporting characters to the supervisory authorities referred to in paragraph 1. 1. the type of characters is determined by order of the President of the State Agency for metrological and technical surveillance.

(3) the order under paragraph 1. 2 shall be communicated to the person concerned under the administrative code.

(4) the order under paragraph 1. 2 may be appealed pursuant to the administrative code, as the complaint did not stop the implementation of the compulsory administrative measure.

(5) Damage, losses and foregone benefits of compulsory administrative measures applied are borne by the owners of liquid fuel examined, except in the case of cancellation by court order. "

§ 8. Article 38 shall be amended as follows:

"Art. 38. (1) That marketed liquid fuels from petroleum origin in violation of the provisions of art. 24, para. 1 and 2, shall be punished with a penalty amounting to 200 000.

(2) Final distributors that marketed liquid fuels from petroleum origin in violation of the provisions of art. 24, para. 3 shall be punishable by a fine or a penalty payment in the amount of 50 000.

(3) Who marketed liquid fuels from petroleum origin in violation of the provisions of art. 24, para. 6, is punishable by a fine or a penalty payment in the amount of 10,000 EUR

(4) in the event of a repeated breach in the Al. 1, 2 and 3 fine or pecuniary penalty in triple the amount of the penalty of a fine under par respectively. 1, 2 and 3. "

§ 9. In art. 40 following amendments and supplements shall be made:

1. In paragraph 8. 1 Finally a comma and add "with the exception of acts of violation under art. 38, which shall be drawn up by officials authorised by the Chairman of the State Agency for metrological and technical surveillance, in accordance with the requirements of art. 43 (a), para. 2 of the Clean Air Act. "

2. a new paragraph. 3:

"(3) penal provisions for the violation under art. 38 shall be issued by the Chairman of the State Agency for metrological and technical supervision or the authorized officer thereof, it must be stated that the fine or penalty payment, as well as the cost of making and testing of samples of liquid fuels Act on budget account of the State Agency for metrological and technical surveillance and serve as an invitation for voluntary execution after their entry into force. "

3. a para. 4:

"(4) where the offender is known, but not found at the address indicated in the service of the Act on administrative violation, or have fled the country, or has indicated address only abroad, criminal Decree is not served. The decree is considered entered into force two months after its issue.

4. The current paragraph. 3 it al. 5 and after the words "in accordance with" insert "this Act".

§ 10. In § 1 of the additional provisions are made the following amendments and supplements: 1. In paragraph 4:

(a)) in the text before paragraph (a), the words "referred to in paragraph 3 shall be deleted;

b) in (b), the words "where biofuel is a maximum rate" shall be deleted.

2. Create is that 17-22:

"17." placing on the market ' is a concept within the meaning of § 1, item 17 of the additional provisions of the Clean Air Act.

18. "Persons who place liquid fuels on the market" is a concept within the meaning of § 1, item 18 of the additional provisions of the Clean Air Act.

19. "final distributor" is a concept within the meaning of § 1, item 20 of the additional provisions of the Clean Air Act.

20. "the distribution of liquid fuels" is a concept within the meaning of § 1, item 23 of the additional provisions of the Clean Air Act.

21. "Re" is an administrative violation, which is carried out within one year of the entry into force of the decree by which the offender was punished for infringement of the same type.

22. "KBKSS" is a gasoline component, called blending component with oxygen-containing compounds.

The law was adopted by 41-Otto National Assembly on December 11, 2009, and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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