Environmental Protection Act
Promulgated, State Gazette No. 91/25.09.2002
Article 77a
(New, SG No. 77/2005)
(1) (Amended, SG No. 82/2009, effective 16.10.2009) The Minister of Environment and Water, acting jointly with the Minister of Finance, the Minister of Economy, Energy and Tourism, the Minister of Regional Development and Public Works and other government ministers concerned, shall elaborate a National Allocation Plan for Greenhouse Gas Emission Allowance Trading.
(2) The National Allocation Plan for Greenhouse Gas Emission Allowance Trading shall be adopted by the Council of Ministers for a period of five years.
(3) The Plan referred to in Paragraph (1) shall furthermore specify:
1. the total quantity of allowances as are to be allocated for the relevant period;
2. the manner of allocation of the allowances among the operators of facilities;
3. the list of facilities and the respective quantity of allowances assigned to each facility;
4. the share of emission reduction units and certified emission reduction units which may be used for fulfilment of the obligation of the operator under Article 131h herein.
Section III
Schemes for Improvement of Environmental Protection Results
(Heading amended, SG No. 77/2005, SG No. 52/2008)
Article 131a
(New, SG No. 77/2005)
(1) There shall be established a greenhouse gas emission allowance trading scheme.
(2) The greenhouse gas emission allowance trading scheme shall be open for participation to Bulgarian natural and legal persons, as well as to natural and legal persons from the Member States of the European Union and to such persons from third countries in accordance with the international treaties and agreements whereto the Republic of Bulgaria is a party.
(3) (New, SG No. 46/2010, effective 18.06.2010) The Minister of Environment and Water or an official empowered thereby shall be the authority competent to apply the greenhouse gas emission allowance trading scheme.
(4) (New, SG No. 46/2010, effective 18.06.2010) The greenhouse gas emission allowance trading scheme shall cover the installations referred to in Article 131c (1) and (2) herein and the aviation activities listed in Annex 6 hereto.
Article 131b
(New, SG No. 77/2005, amended, SG No. 46/2010, effective 18.06.2010)
(1) Allowances for greenhouse gas emissions from installations for 2007 and for the period from 2008 to 2012 shall be allocated in accordance with a National Allocation Plan for Greenhouse Gas Emission Allowance Trading, prepared and adopted according to Article 77a herein.
(2) Not later than the 30th day of September 2011, the competent authority referred to in Article 131a (3) herein shall publish and shall submit to the European Commission a list of the installations within the national territory which fall within the scope of the greenhouse gas emission trading scheme for the period from 2013 onwards, as well as the quantity of allowances allocated free of charge to each installation.
(3) Allowances for greenhouse gas emissions from installations for the period from 2013 to 2020 and for each subsequent period shall be allocated in accordance with the ordinance referred to in Item 4 of Article 131k herein.
(4) The total quantity of allowances for greenhouse gas emissions from aviation activities shall be allocated as follows:
1. for the period from the 1st day of January 2012 to the 31st day of December 2012. the total quantity of allowances to be allocated to aircraft operators shall be equivalent to 97 per cent of the historical aviation emissions;
2. for the period from the 1st day of January 2013 to the 31st day of December 2020 and for each subsequent period, the quantity of allowances to be allocated to aircraft operators shall be equivalent to 95 per cent of the historical aviation emissions multiplied by the number of years in the period.
(5) In the period referred to in Items 1 and 2 of Paragraph (4), 15 per cent of the allowances for aviation shall be allocated through auctioning.
(6) The auction referred to in Paragraph (5) shall be conducted in accordance with a procedure established by a Commission Regulation after the entry into force of the said Regulation.
(7) The number of allowances to be auctioned in each period in the country shall be proportionate to the share of the country of the total attributed aviation emissions for all Member States of the European Union for the reference year reported and verified according to Article 131i (1) and (2) herein.
(8) For the period referred to in Item 1 of Paragraph (4), the reference year shall be 2010, and for each subsequent year referred to in Item 2 of Paragraph (4), the reference year shall be the calendar year ending 24 months before the start of the period to which the auction relates.
(9) The revenues generated from the auctioning of allowances shall be used for financing activities to tackle climate change, including:
1. to reduce greenhouse gas emissions, to adapt to the impacts of climate change;
2. to fund research and development for limitation of harmful consequences and for adaptation, including in the fields of aeronautics and air transport;
3. to reduce emissions through low-emission transport;
4. to cover the cost of administering the greenhouse gas emission allowance trading scheme;
5. for other activities leading to a reduction of greenhouse gas emissions and tackling climate change, including measures to avoid deforestation.
(10) The revenue generated from the sale of allowances for aviation activities shall be credited to the off-budget account referred to in Article 142c (1) herein and shall be expended through the National Trust EcoFund according to the procedure established by the ordinance referred to in Article 67 herein.
(11) The competent authority referred to in Article 131a (3) herein shall inform the European Commission of the activities undertaken under Paragraph (9).
(12) By the 28th day of February each year, the competent authority referred to in Article 131j herein shall issue to installation operators holding a greenhouse gas emission permit the quantity of allowances allocated for that year of the respective period.
(13) By the 28th day of February 2012 and by the same date of each subsequent year, the competent authority referred to in Article 131j herein shall issue to each aircraft operator the number of allowances allocated thereto for that year according to Item 2 of Article 131n (1) herein.
(14) Allowances for a new entrant in the greenhouse gas emission allowance trading scheme shall be issued as from the effective date of the use permit issued thereto.
(15) Allowances shall not be issued free of charge according to Paragraph (12) for the period from 2013 onwards for any installations which the European Commission has refused to include in the list referred to in Paragraph (2).
Article 131c
(New, SG No. 77/2005)
(1) (Supplemented, SG No. 65/2006, amended, SG No. 46/2010, effective 18.06.2010) The operation of new installations and the operation of existing installations for the categories of industrial activities covered under Items 1.1, 1.2, 1.3, 2.1, 2.2, 3.1, 3.3, 3.5, Littera (a) of Item 6.1, and Littera (b) of Item 6.1 of Annex 4 hereto shall be allowed solely after the issuance of a greenhouse gas emission permit, according to a timetable determined by the ordinance referred to in Item 1 of Article 131k herein.
(2) (Amended, SG No. 46/2010, effective 18.06.2010) The operation of new combustion installations and the operation of existing combustion installations with a rated thermal input exceeding 20 MW but not exceeding 50 MW shall be allowed after the issuance of a greenhouse gas emission permit according to the provisions of this Chapter.
(3) Where there is a change in the identity of the operator, the new operator, whether a legal or a natural person, shall accede to the rights and obligations according to the permit.
(4) (New, SG No. 46/2010, effective 18.06.2010) Each aircraft operator listed in Commission Regulation (EC) No 748/2009 of 5 August 2009 on the list of aircraft operators which performed an aviation activity listed in Annex I to Directive 2003/87/EC on or after 1 January 2006 specifying the administering Member State for each aircraft operator (OJ, L 219/1 of 22 August 2009), or in the subsequent annual amendments thereto, shall submit to the competent authority referred to in Article 131a (3) herein an emissions monitoring plan and the tonne-kilometre data, prepared in accordance with the ordinance referred to in Item 1 of Article 131k herein.
Article 131d
(New, SG No. 77/2005)
The Minister of Environment and Water or a person empowered thereby shall be the authority competent to issue and review the permits referred to in Article 131c (1) and (2) herein.
Article 131e
(New, SG No. 77/2005)
(1) For the purpose of obtaining a greenhouse gas emission permit, the operator of the installation shall submit an application to the competent authority.
(2) Any application referred to in Paragraph (1) shall include a description of:
1. the installation and the various modes of operation thereof, including the technology used;
2. the raw and auxiliary materials whereof the use is likely to lead to greenhouse gas emissions;
3. the sources of greenhouse gas emissions from the installation;
4. the measures planned to monitor and report emissions in accordance with the requirements established by the ordinance referred to in Item 1 of Article 131k herein.
(3) Any application referred to in Item 1 shall also include a non-technical summary of the description covered under Paragraph (2).
(4) (New, SG No. 46/2010, effective 18.06.2010) New installation operators shall submit the application referred to in Paragraph (1) not later than one month after obtaining a building permit or within six months before effecting a change in the characteristics or functioning of the installation, or by reason of the extension thereof, whereupon the capacity of the installation or the emissions therefrom are increased by a minimum 10 per cent.
(5) (New, SG No. 46/2010, effective 18.06.2010) By the application referred to in Paragraph (1), the operator shall declare the availability of documents proving fulfilment of the requirements of Section III of Chapter Six and Section II of Chapter Seven herein, and shall state the identification data thereof.
Article 131f
(New, SG No. 77/2005)
(1) Any greenhouse gas emission permit shall contain:
1. the name and address of the operator, if a natural person, or the business name, registered office and address of the place of management of the operator, if a legal person, as the case may be;
2. a description of the installation, the principal parameters thereof and the greenhouse gas emissions which are released therefrom;
3. monitoring requirements, specifying the monitoring methodology and frequency, in accordance with the ordinance referred to in Item 1 of Article 131k herein;
4. reporting requirements in accordance with the ordinance referred to in Item 1 of Article 131k herein;
5. an obligation to surrender allowances equal to the total quantity of emissions from the installation in each calendar year, as verified in accordance with the ordinance referred to in Item 1 of Article 131k herein, within four months following the end of that year.
(2) The competent authority shall issue the permit referred to in Paragraph (1) within six months after the date of receipt of the application of the operator referred to in Article 131e herein.
(3) The competent authority shall refuse to issue a permit referred to in Paragraph (1) where:
1. the operator of the installation has submitted a deficient application under Article 131e herein and has failed to complement the said application within fourteen days according to the directions of the competent authority;
2. judging from the content of the application as submitted, the operator is incapable of ensuring the required monitoring and reporting.
3. (new, SG No. 46/2010, effective 18.06.2010) the operator has failed to submit the documents referred to in Article 131e (5) herein.
Article 131g
(New, SG No. 77/2005)
(1) (Amended, SG No. 46/2010, effective 18.06.2010) The competent authority shall commence a review of the permit in the event of a change in the operation of the installation, where the requirements of Section III of Chapter Six and Section II of Chapter Seven herein have been complied with to warrant authorization of the said change.
(2) After a review of the permit, the competent authority shall confirm or modify the permit.
Article 131h
(New, SG No. 77/2005)
(1) (Amended, SG No. 46/2010, effective 18.06.2010) By the 30th day of April each year, installation operators holding a greenhouse gas emission permit and aircraft operators shall be obligated to surrender to the competent authority referred to in Article 131j (1) herein a specific number of allowances equal to the total quantity of emissions released from the installation or as a result of aviation activity during the preceding year by means of submission of a verified report.
(2) (New, SG No. 46/2010, effective 18.06.2010) The competent authority referred to in Article 131j (1) herein shall cancel the allowances surrendered in accordance with Paragraph (1).
(3) (Renumbered from Paragraph (2), amended, SG No. 46/2010, effective 18.06.2010) Any installation operator or aircraft operator, who or which has not met the obligation thereof to surrender allowances under Paragraph (1), shall be obligated to surrender to the competent authority the deficient quantity of allowances during the subsequent year.
(4) (Renumbered from Paragraph (3), amended, SG No. 46/2010, effective 18.06.2010) Allowances shall be valid for greenhouse gas emissions released during the respective period of the European Emission Trading Scheme.
(5) (Renumbered from Paragraph (4), SG No. 46/2010, effective 18.06.2010) Any allowances issued by a competent authority of a Member State of the European union or of a third country, according to a treaty or an agreement whereto the Republic of Bulgaria is a party, shall be recognized for the purpose of meeting the obligation of the operator referred to in Paragraph (1).
(6) (Supplemented, SG No. 99/2006 renumbered from Paragraph (5), amended, SG No. 46/2010, effective 18.06.2010) Emission reduction units and certified emission reduction units, issued according to the United Nations Framework Convention on Climate Change and the Kyoto Protocol, shall be recognized for the purpose of meeting the obligations of the installation operators referred to in Paragraph (1) to an amount of up to 12.507 per cent of the allowances allocated thereto for the entire period according to the National Allocation Plan for Emissions, and of the aircraft operators to an amount of up to 15 per cent of the number of allowances they are required to surrender, with the exception of the reductions of emissions generated as a result of:
1. the functioning of nuclear installations;
2. land use activities, change in land use and forestry.
(7) (Renumbered from Paragraph (6), amended, SG No. 46/2010, effective 18.06.2010) Four months after the beginning of each new period of the European Allowance Trading Scheme, the allowances issued for the preceding period which have not been surrendered and cancelled in accordance with Paragraphs (1) and (2) shall be cancelled by the competent authority referred to in Article 131j (1) herein.
(8) (Renumbered from Paragraph (7), amended and supplemented, SG No. 46/2010, effective 18.06.2010) The competent authority referred to in Article 131j herein shall issue allowances to installation operators holding a greenhouse gas emission permit and to aircraft operators for the current period to replace all allowances held by the said operators which are cancelled according to the procedure established by Paragraph (7).
(9) (New, SG No. 99/2006, effective until 31.12.2012, renumbered from Paragraph (8), SG No. 46/2010, effective 18.06.2010) Project activities leading to the generation of emissions reduction units and certified emissions reduction units shall be implemented in compliance with the following conditions:
1. in the cases of direct reduction or limitation of emissions as a result of project activities in installations referred to in Article 131c (1) and (2) herein, cancelling the same number of allowances from the total quantity of allowances of the installation;
2. in the cases of indirect reduction or limitation of emissions as a result of project activities referred to in Article 131c (1) and (2) herein, cancelling the same number of allowances from the National Registry.
(10) (New, SG No. 46/2010, effective 18.06.2010) Annually, the Executive Environment Agency shall publish on the Internet site thereof the names of the installation operators and of the aircraft operators who or which breach the requirements for surrender of sufficient allowances corresponding to the verified emissions thereof.
Article 131i
(New, SG No. 77/2005)
(1) (Amended, SG No. 46/2010, effective 18.06.2010) In accordance with the ordinance referred to in Item 2 of Article 131k herein, the installation operators referred to in Article 131c (1) and (2) herein and the aircraft operators shall be obligated to prepare an annual report on the carbon dioxide emissions released from the installation or as a result of aviation activities during the preceding year and to submit the said report to the competent authority referred to in Article 131j (1) herein immediately after the verification of the said report.
(2) The reports shall be verified in accordance with Item 2 of Article 131k herein.
(3) (Amended, SG No. 46/2010, effective 18.06.2010) An installation operator or an aircraft operator whose report has not been verified by the 31st day of March for emissions during the preceding year cannot make transfers of allowances until verification of the report of the said operator.
(4) (Amended, SG No. 46/2010, effective 18.06.2010) Installation operators and aircraft operators shall be obligated to inform the competent authority referred to in Article 131a (3) herein of any change in the operation of the installation or in the aviation activity.
(5) (New, SG No. 46/2010, effective 18.06.2010) By the 30th day of April 2010, operators of any installations carrying out the activities indicated in Items 1.1, 2.3 to 2.6, 3.5. 3.6, 4.3 to 4.13 of Annex 7 hereto, who or which are included in the greenhouse gas emission allowance trading schemefrom 2013 onwards, shall submit to the competent authority referred to in Article 131a (3) herein substantiated data for the period from 2005 to 2008 about the greenhouse gas emissions in accordance with Annex 7 hereto.
(6) (New, SG No. 46/2010, effective 18.06.2010) The competent authority referred to in Article 131a (3) herein shall verify the data referred to in Paragraph (5) and shall report the said data to the European Commission not later than the 30th day of June 2010.
(7) (New, SG No. 46/2010, effective 18.06.2010) In the case of any of the installations referred to in Paragraph (5) emitting greenhouse gases other than carbon dioxide, the competent authority referred to in Article 131a (3) herein may notify the European Commission of a lower amount of emissions according to the emission reduction potential of those installations.
Article 131j
(New, SG No. 77/2005)
(1) (Supplemented, SG No. 99/2006) The Minister of Environment and Water or an official empowered thereby shall keep a National Registry accounting of the issuance, holding, transfer and cancellation of greenhouse gas emission allowances in compliance with the requirements of Commission Regulation (EC) No 2216/2004.
(2) The data of the register referred to in Paragraph (1) shall be transmitted to the European Independent Transaction Log.
(3) (New, SG No. 99/2006) Entrants in the scheme referred to in Article 131a herein shall pay a fee for their entry into the register referred to in Paragraph (1) according with the rate schedule referred to in Article 72 herein.
Article 131k
(New, SG No. 77/2005, amended, SG No. 46/2010, effective 18.06.2010)
The Council of Ministers shall issue ordinances establishing:
1. the procedure and manner for the issuance and review of greenhouse gas emission permits and for monitoring by installation operators and aircraft operators participating in the greenhouse gas emission allowance trading scheme;
2. the terms, procedure and manner for preparation of the reports and for verification of the reports of installation operators and aircraft operators;
3. the procedure and manner of functioning of the National Registry accounting of the issuance, holding, transfer and cancellation of greenhouse gas emission allowances;
4. the procedure and manner for allocation of greenhouse gas emission allowances for the period from 2013 to 2020 and for each subsequent period;
5. the procedure and manner for organizing the national inventories for harmful substances in ambient air according to the requirements of the Convention on Long-range Transboundary Air Pollution, done at Geneva on 13 November 1979 (ratified by decree, State Gazette No. 16 of 1981) ([Convention promulgated in] State Gazette No. 45 of 2003) and the United Nations Convention on Climate Change.
Article 131l
(New, SG No. 99/2006)
(1) (Effective until 31.12.2012) The Minister of Environment and Water shall approve activities under projects generating emissions reductions in accordance with the United Nations Framework Convention on Climate Change and the Kyoto Protocol, and shall account for the reduced greenhouse gas emissions generated by them in the National Registry in accordance with Article 131k, para. 1.
(2) The Minister of Environment and Water shall issue instructions for the approval of projects generating emissions reduction units and certified emissions reduction units in accordance with the following:
1. resolutions adopted in accordance with the United Nations Framework Convention on Climate Change and the Kyoto Protocol;
2. European Union law in the field of climate change;
3. international criteria and instructions for hydro-electric power generation installations with a capacity exceeding 20 MW, in particular those contained in the report of the World Commission on Dams entitled "Dams and Development: A New Framework for Decision Making";
4. non-admission of unfavourable environmental and social impacts in cases of project activities involving hydro-electric power generation installations with a capacity exceeding 500 MW.
(3) The Minister of Environment and Water shall account for greenhouse gas emissions reductions units generated by approved project activities in the National Registry as in Article 131k, para. 1 in accordance with Regulation No. EC 2216/2004.
Article 131m
(New, SG No. 46/2010, effective 18.06.2010)
(1) Aircraft operators may submit an application to the competent authority referred to in Article 131a (3) herein for a free allocation of allowances within 21 months before the start of the period to which it relates, and by the 31st day of March 2011 in relation to the period referred to in Item 1 of Article 131b (4) herein.
(2) The application referred to in Paragraph (1) shall include verified tonne-kilometre data for the aviation activities listed in Annex 6 hereto performed by the aircraft operator for the monitoring year referred to in Paragraph (3).
(3) The monitoring year shall be the calendar year ending 24 months before the start of the period to which the application referred to in Paragraph (2) relates and 2010 in relation to the period referred to in Item 1 of Article 131b (4) herein.
(4) The competent authority referred to in Article 131a (3) herein shall transmit the application received to the European Commission at least 18 months before the start of the period to which the application relates or, in relation to the period referred to in Item 1 of Article 131b (4) herein, by the 30th day of June 2011.
Article 131n
(New, SG No. 46/2010, effective 18.06.2010)
(1) The competent authority referred to in Article 131a (3) herein shall calculate and publish:
1. the allowances allocated for the period to each aircraft operator, calculated by multiplying the tonne-kilometre data included in the application by the benchmark referred to in Item 5 of Paragraph (2);
2. the allowances allocated to each aircraft operator for each year, calculated by dividing the quantity of allowances referred to in Item 1 by the number of years in the period for which that aircraft operator is performing an aviation activity listed in Annex 6 hereto.
(2) The data covered under Paragraph (1) shall be calculated and published within three months from the date on which the European Commission adopts a decision setting out:
1. the total quantity of allowances to be allocated for the period;
2. the number of allowances to be auctioned in the relevant period;
3. the number of allowances in the special reserve for aircraft operators in that period;
4. the number of allowances to be allocated free of charge, which shall be determined by subtracting the number of allowances referred to in Items 2 and 3 from the total quantity of allowances decided upon according to Item 1;
5. the benchmark to be used to allocate allowances free of charge to aircraft operators.
(3) The benchmark referred to in Item 5 of Paragraph (2), expressed as allowances per tonne-kilometre, shall be calculated by dividing the number of allowances referred to in Item 4 of Paragraph (2) by the sum of the tonne-kilometres included in the application referred to in Article 131m (1) herein as transmitted to the European Commission.
Article 131o
(New, SG No. 46/2010, effective 18.06.2010)
(1) Allowances to the amount of 3 per cent of the total quantity of allowances to be allocated for the periods referred to in Article 131b (4) herein shall be set aside in a special reserve for aircraft operators:
1. who start performing an aviation activity falling within Annex 6 hereto after the monitoring year according to Article 131m (3) herein in respect of the period referred to in Item 2 of Article 131b (4) herein and whose activity is not in whole or in part a continuation of an aviation activity previously performed by another aircraft operator, or
2. whose tonne-kilometres increase by an average of more than 18 per cent annually between the monitoring year according to Article 131m (3) herein in respect of the period referred to in Item 2 of Article 131b (4) herein and the second calendar year of that period, and whose additional activities are not in whole or in part a continuation of an aviation activity previously performed by another aircraft operator.
(2) Any unallocated allowances in the special reserve shall be auctioned.
Article 131p
(New, SG No. 46/2010, effective 18.06.2010)
(1) An aircraft operator, who or which is eligible under Article 131o (1) herein, may apply for a free allocation of allowances from the special reserve by submitting an application to the competent authority referred to in Article 131a (3) herein.
(2) Any such application shall be submitted by the 30th day of June in the third year of the period to which it relates.
(3) An allocation of allowances to an aircraft operator according to Item 2 of Article 131o (1) herein may not exceed 1,000,000 allowances.
(4) The European Commission shall decide on the benchmark to be used to allocate allowances free of charge to aircraft operators who or which have transmitted applications.
(5) The competent authority referred to in Article 131a (3) herein shall calculate and publish:
1. the quantity of allowances from the special reserve allocated to each aircraft operator who or which is eligible under Article 131o (1) herein;
2. the quantity of allowances allocated to each aircraft operator for each year, which shall be determined by dividing the quantity of allowances referred to in Item 1 by the number of full calendar years remaining in the period referred to in Item 2 of Article 131b (4) herein.
(6) The allowances referred to in Item 1 of Paragraph (5) shall be calculated by multiplying the benchmark referred to in Paragraph (4):
1. by the tonne-kilometres included in the application: in the case of aircraft operators falling within Item 1 of Article 131o (1) herein;
2. by the absolute growth in tonne-kilometres exceeding the percentage specified in Item 2 of Article 131o (1) herein included in the application: in the case of aircraft operators falling within Item 2 of Article 131o (1) herein.
Article 131q
(New, SG No. 46/2010, effective 18.06.2010)
Annually, the Executive Environment Agency shall publish on the Internet site thereof the names of the installation operators and of the aircraft operators who or which breach the requirements for surrender of sufficient allowances corresponding to the verified emissions thereof.
Article 132
(1) Organizations may assume voluntary commitments with regard to environmental protection in:
1. implementation of the activities thereof;
2. development, production, offering and use of products of the activities thereof.
(2) (Amended, SG No. 52/2008) The voluntary commitments referred to in Paragraph (1) shall be implemented by means of:
1. the Community eco-management and audit scheme, according to Regulation (EC) No 761/2001 of the European Parliament and of the Council of 19 March 2001 allowing voluntary participation by organisations in a Community eco-management and audit scheme (EMAS), hereinafter referred to as "Regulation (EC) No. 761/2001";
2. the Community eco-label award scheme according to Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July 2000 on a revised Community eco-label award scheme, hereinafter referred to as "Regulation (EC) No 1980/2000".
(3) (Repealed, SG No. 52/2008).
Article 133
(Amended, SG No. 52/2008)
(1) Each organisation may apply for registration according to Regulation (EC) No 761/2001 under the following conditions:
1. an application completed in a standard form;
2. an environmental statement validated by an accredited verifier under Article 135 (1) herein;
3. a positive opinion by the competent RIEW on satisfaction of the requirements of the statutory framework regulating the environment;
4. registration fee paid.
(2) Within seventy-five days after the initiation of the registration procedure, the competent body shall issue a registration certificate to the organisation or shall refuse registration, informing the organisation of the reasons for the refusal according to Article 6 of Regulation (EC) No 761/2001.
Article 134
(Amended, SG No. 52/2008)
(1) The Minister of Environment and Water or a person empowered thereby shall be the competent body who organises and directs the overall activity under Regulation (EC) No 761/2001.
(2) Implementing the activities referred to in Paragraph (1), the competent body:
1. shall initiate a registration procedure for the organisation;
2. shall make inquiries regarding the compliance with the requirements for registration of an organisation which has applied for participation in the Community eco-management and audit scheme;
3. shall register the organisations and, to this end, issue a registration certificate, or shall refuse registration, reasoning the refusal;
4. shall keep a register of the organisations which have been granted registration;
5. shall exercise control as to compliance of the registered organisations with the requirements;
6. shall terminate the registration and shall delete from the register any organisation which does not comply with the requirements for registration, by a reasoned decision;
7. shall elaborate and apply rules, procedures and directions related to the activity under the scheme.
Article 135
(Amended, SG No. 52/2008)
(1) The Bulgarian Accreditation Service Executive Agency shall accredit the environmental verifiers.
(2) The verifiers referred to in Paragraph (1) shall provide the documents according to Annex V, point 5.3.2 of Regulation (EC) No. 761/2001 to the Bulgarian Accreditation Service Executive Agency, where accredited by a body of another Member State of the European Union.
(3) The Bulgarian Accreditation Service Executive Agency shall keep a public register of the accredited environmental verifiers and shall notify the competent body on a monthly basis of the intervening changes.
(4) The Bulgarian Accreditation Service Executive Agency shall exercise supervision as to compliance of the activities of the verifiers with the requirements for accreditation.
Article 136
(Amended, SG No. 52/2008)
The procedure for registration, the control over compliance with the requirements for registration, the content of the register and the provision of information to the public and other interested parties under Regulation (EC) No 761/2001 shall be established by an ordinance of the Minister of Environment and Water.
Article 137
(1) (Repealed, SG No 52/2008).
(2) (Amended, SG No. 52/2008) An eco-label under the Community eco-label award scheme may be awarded to product groups which comply with specific criteria adopted by a decision of the European Commission, published in the Official Journal of the European Union.
Article 138
(Amended, SG No. 52/2008)
(1) The Minister of Environment and Water or an official empowered thereby shall be the competent body who organises and directs the overall activity for the building and functioning of the Community eco-label award scheme.
(2) Implementing the activities referred to in Paragraph (1), the competent body:
1. shall initiate an eco-label award procedure;
2. shall pronounce, by a decision, on the award of the eco-label;
3. shall conclude a contract with the holder of the right to use the Eco-label, in accordance with Commission Decision 2000/729/EC of 10 November 2000 on a standard contract covering the terms of use of the Community Eco-label;
4. shall maintain a database of the products which have been awarded an eco-label under the Community eco-label award scheme;
5. shall exercise control over the conformity of the product which has been awarded an eco-label under the Community eco-label award scheme;
6. shall terminate the right to use the eco-label and shall delete from the database the products which do not meet the criteria for the award of the said eco-label, by a reasoned decision;
7. shall form an inter-departmental working group, where this is necessitated for the purposes of the operation of the Community eco-label award scheme;
8. shall elaborate and apply rules, procedures and direction related to the operation of the Community eco-label award scheme.
Article 139
(Amended, SG No. 77/2005, SG No. 52/2008)
(1) For the initiation of a procedure under Item 1 of Article 138 (2) herein, the applicant shall submit a request to the competent body.
(2) All documents on the tests and verifications of the product performed in accordance with the specific criteria, set in the relevant decision of the European Commission, shall be attached to the request referred to in Paragraph (1).
(3) Within forty-five days after receipt of the documents referred to in Paragraphs (1) and (2), the competent body shall pronounce by a decision on the award of the eco-label under the terms established by Article 7 of Regulation (EC) No 1980/2000.
(4) In the cases of errors and deficiencies ascertained in the documentation, the competent body shall require, within thirty days, complementing the information, with the time for provision of the additional information being excluded from the time limit referred to in Paragraph (3).
(5) Within thirty days after the entry into effect of the decision referred to in Paragraph (3), the competent body shall conclude the contract referred to in Item 3 of Article 138 (2) herein.
Article 140
(Amended, SG No. 31/2007, SG No. 52/2008)
After conclusion of the contract referred to in Item 3 of Article 138 (2) herein, the applicant shall inform the competent body of all significant modifications of the products which have occurred after the date of conclusion of the contract not later than thirty days before the modified product is placed on the market.
Article 141
(Amended, SG No. 52/2008)
A fee according to a rate schedule approved by the Council of Ministers shall be paid for the initiation of the procedure referred to in Item 1 of Article 138 (2) herein.
Article 142
(Amended, SG No. 52/2008)
Participation of organisations in the Community eco-management and audit scheme and in the Community eco-label award scheme shall be voluntary.
Section IV
(New, SG No. 46/2010, effective 18.06.2010)
International Trading of AAUs and National Green Investment Scheme
Article 142a
(New, SG No. 46/2010, effective 18.06.2010)
(1) This Section regulates the rules, requirements, legal guarantees and legal relations regarding the sale of AAUs on the part of the Bulgarian State for the purpose of development and application of a National Green Investment Scheme in the Republic of Bulgaria.
(2) Assigned amount units shall constitute private state property, which represent a special type of rights subject to international trading according to Artocle 17 of the Kyoto Protocol.
(3) The purpose of the National Green Investment Scheme is to assist, financially and institutionally, investment projects and other projects which lead to a reduction of greenhouse gas emissions within the territory of the country or lead to other favourable environmental effects and impacts on the environment, including through a reduction of the factors of anthropogenic activity 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) Through the National Green Investment Scheme, the Bulgarian State shall guarantee the use of the proceeds from the sales of AAUs for the purposes of Paragraph (3).
(5) The National Green Investment Scheme shall comprise arrangements for the activities of soliciting, evaluating, validating and financing green investment projects through the NTEF, the monitoring and control of the implementation of such projects, and the verification by independent accredited organizations of the implementation and the results achieved by green investment projects.
(6) In the National Green Investment Scheme, the proper spending of the proceeds from the sale of AAUs shall be additionally guaranteed through the participation of representatives of AAU buyer countries in the composition and activity of the Advisory Council of the NTEF and publicity of the reports on the evaluation and implementation of green investment projects which will be financed by the NTEF.
(7) The requirements of the AAU buyer countries for the purposes and manners of spending of the proceeds from the sale of AAUs shall be an integral part of the agreement for sale of AAUs concluded by the Bulgarian State and, accordingly, of the agreements for financing green investment projects between the NTEF and the investors which undertake the implementation of green investment projects.
Article 142b
(New, SG No. 46/2010, effective 18.06.2010)
(1) The State shall participate in international trading of AAUs through the procedures for sale of AAUs according to the procedure established by this Act and by the instruments of secondary legislation on the application thereof.
(2) The sale shall include a procedure of negotiations with the interested buyer parties or authorized representatives thereof, adoption of a Council of Ministers decision approving a draft of an agreement with the key parameters of the transaction, conclusion of the agreement for the sale of AAUs between the Bulgarian State and the buyer country and striking of the AAUs sold from the National Registry referred to in Article 131j herein and the transfer of the said AAUs to the registry of the buyer country.
(3) The procedure for the sale of AAUs shall be initiated at the request of the interested countries participating in international trading of AAUs, which shall be grounds for commencement of negotiations with the potential buyers. The said negotiations shall be conducted by the Minister of Finance, the Minister of Environment and Water and the Minister of Economy, Energy and Tourism and/or by persons empowered thereby.
(4) The ministers referred to in Paragraph (3) shall lay the draft of an agreement for the sale of AAUs before the Council of Ministers for approval.
(5) The agreement for sale shall be signed by the Minister of Finance, the Minister of Environment and Water and the Minister of Economy, Energy and Tourism and, respectively, by the authorized representatives of the buyer country. The agreements for the sale of AAUs shall be amended and supplemented according to the procedure for the conclusion thereof.
(6) The Minister of Environment and Water shall undertake steps for striking of the respective quantity of sold AAUs from the National Registry referred to in Artocle 131j herein and the transfer of the said AAUs to the registry of the buyer country according to the terms and conditions of the agreement for sale.
Article 142c
(New, SG No. 46/2010, effective 18.06.2010)
(1) The proceeds from the sale of AAUs shall be credited to a special off-budget account which shall be maintained and controlled by the Minister of Finance. The Minister of Finance shall control compliance with the agreements for the sale of AAUs and the expending of the resources allocated by the NTEF under the agreements for financing of projects under the National Green Investment Scheme (NGIS), including the administrative expenses on the application of the NGIS.
(2) The Minister of Environment and Water shall guarantee compliance with the conditions for eligibility of the participation of the State in international trading of AAUs through the national greenhouse gas inventory system, the maintenance of the National Registry referred to in Article 131j herein, and the annual inventory of greenhouse gas emissions.
(3) In case of an absence of an express requirement on the part of the AAU buyer for greening of the proceeds from the sale through the NGIS, the said proceeds shall be credited to the state budget and shall be expended on environmental projects.
Article 142d
(New, SG No. 46/2010, effective 18.06.2010)
(1) The proceeds under the agreements for the sale of AAUs shall be intended solely for financing of projects under the NGIS, including for administrative operating expenses, with the exception of the cases referred to in Article 142c (3) herein.
(2) The resources from the special off-budget account referred to in Article 142c (1) herein shall be transferred to an account of the NTEF as follows:
1. up to 5 per cent of the resources shall be transferred to the NTEF to cover the administrative expenses on the management of the NGIS within one month after the said resources are credited to the account referred to in Article 142c (1) herein;
2. the balance of the resources shall be transferred for financing of the green investment projects approved by the NTEF in relevant tranches according to the provisions of the agreements on the implementation of the said projects as concluded between the NTEF and the investor concerned.
(3) The Ministry of Finance shall control the use of the resources on the part of the NTEF and by the investors under green investment projects.
Article 142e
(New, SG No. 46/2010, effective 18.06.2010)
(1) The implementation and application of the NGIS shall be entrusted to the NTEF, which shall be responsible for the solicitation, approval and award of the implementation of green investment projects which are to be financed by the proceeds from international trading of AAUs according to the requirements of this Act and the terms and conditions under the agreements for sale.
(2) The proceeds from the sale of AAUs shall be spent on financing projects in the field of energy, transport, agriculture and forestry, waste management and water management, industry and other sectors of the national economy, which:
1. lead to a reduction of greenhouse gas emissions or to removal of such emissions through measures such as:
(a) enhancement of energy efficiency;
(b) increase of the share of renewable energy resources, and in particular use of biomass;
(c) methane capture and recovery;
(d) afforestation, reforestation and changes in land use;
(e) development and implementation of environmentally sound technologies which enhance energy efficiency or the use of renewable energy sources;
(f) elaboration and implementation of a policy for climate change mitigation with a view to honouring the commitments under the Kyoto Protocol;
(g) educational measures, scientific research and measures to strengthen the administrative capacity and improve the management of climate change policy action;
(h) raising the awareness of the general public on matters related to climate change;
(i) development and implementation of measures for adaptation to climate change;
2. considerably improve environmental quality, including reduction of air, water and soil pollution.
(3) The National Green Investment Scheme shall be managed according to the European Union guidelines on state aid and the international principles of good practices, including:
1. transparency;
2. environmental and economic effectiveness;
3. reliability;
4. traceability;
5. accountability.
(4) The implementation and application of the NGIS shall be guaranteed through publicity of the criteria and decisions on approval of the projects, the terms and conditions of the agreements on the implementation thereof, the systems for control and monitoring of the implementation of the agreements and the systems for verification of the results of implementation of the projects by independent accredited organizations.
Article 142f
(New, SG No. 46/2010, effective 18.06.2010)
The National Trust EcoFund shall conclude the agreements for financing of the approved projects for application of the NGIS with the investors concerned, which shall be applicants and contractors of the said projects.
Article 142g
(New, SG No. 46/2010, effective 18.06.2010)
(1) The implementation of the agreements and projects for application of the NGIS shall be controlled and monitored by the Executive Bureau of the NTEF.
(2) The participation of AAU buyer countries in the control and monitoring systems shall be ensured through the inclusion, if they so wish, of representatives thereof in the Advisory Council of the NTEF. Each buyer country may name a single representative to the Advisory Council regardless of the number of persons who buy AAUs as representatives of the said country.
Article 142h
(New, SG No. 46/2010, effective 18.06.2010)
(1) The project documents shall be validated and the reduced greenhouse gas emissions under NGIS projects shall be verified, where so required, by independent accredited organizations designated according to the procedure established by Article 135 and Article 136 herein or accredited according to the procedure established by the United Nations Framework Convention on Climate Change.
(2) Project contractors and the NTEF bodies may not deny access and disclosure of data to the accredited organizations which they need for the evaluation and verification of the implementation of the projects and agreements. (3) The Ministry of Finance, the Ministry of Environment and Water and the Ministry of Economy, Energy and Tourism and the authorities and territorial structures thereof shall render the necessary assistance upon verification of the projects.
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