Name of law Law amending and supplementing the law on waste management Name of Bill a bill amending and supplementing the law on waste management acceptance date 19/05/2010 number/year Official Gazette 39/2010 Decree No 133
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 waste management, adopted by the National Assembly of the HLI 19 May 2010.
Issued in Sofia on May 28, 2010.
The President of the Republic: Georgi Parvanov
Stamped with the State seal.
Minister of Justice: Margarita Popova
LAW
amending and supplementing the law on waste management (promulgated, SG. 86 from 2003; amend. and Suppl., no. 70 by 2004, no. 77, 87, 88, 95 and 105 by 2005, issue 30, 34 and 63 from 2006, issue 36, 70 and 105 of 2008 and no. 82 and 95 of 2009.)
§ 1. In art. 5, al. 2 Add "with individuals possessing a document under art. 12 with the appropriate waste code according to the Ordinance under art. 3. "
§ 2. In art. 6, al. 2 the word "disposal" is replaced by "treatment".
§ 3. In art. 7 make the following amendments and additions:
1. In paragraph 8. 3 the words "authorization of use" shall be replaced by "entry into service".
2. a para. 4:
"(4) it is prohibited to entry into operation of the landfills for hazardous and non-hazardous waste in accordance with the law on spatial planning without the presence of a certain amount of deduction per unit of waste deposited in accordance with art. 71A. "
§ 4. In art. 11 the following amendments and supplements shall be made:
1. In paragraph 8. 1, after the words "goals for" insert "separate waste collection, reuse" and a comma.
2. in the Al. 2 in the text before item 1 the words "manufacturers and importers" shall be replaced by "Persons who place on the market '.
§ 5. Article 12 is amended as follows:
"Art. 12. (1) to perform recovery operations and/or disposal of waste including pre-treatment before recovery and/or disposal shall be required: 1. an authorisation issued in accordance with art. 37, or
2. integrated permit issued pursuant to Chapter 7, section II, of the Act on the protection of the environment.
(2) Permits are not required for:
1. trade in ferrous and non-ferrous metals, which do not have hazardous properties;
2. collection and temporary storage of waste in place of formation;
3. the collection and transport of waste within the meaning of § 1, item 18 and 19 of the supplementary provisions;
4. storage of non-hazardous waste falling within the scope of the operation, indicated by R13 code within the meaning of § 1, item 17) ("n" of the additional provisions.
(3) to carry out trade in ferrous and non-ferrous metals, which do not have hazardous properties, is issued a license pursuant to Chapter five, section III.
(4) for the Al. 2, item 3 and 4 the Director of the regional Inspectorate of environment and waters, in whose territory the registered place of business of the person, issue a registration document in a form approved by the Minister of environment and waters, in accordance with Chapter v, section II.
(5) the Director of the regional Inspectorate of environment and waters shall issue a certificate in a form approved by the Minister of environment and waters, in accordance with Chapter v, section III before the issue of the activity licence under para. 2, paragraph 1, when the waste shall be carried out in the territory of the regional Inspectorate of environment and water.
(6) in cases where activities are performed simultaneously in the Al. 1 and under para. 2, item 3 and 4 persons may submit an application for authorisation under art. 37, including all activities or part of them, which repealed the requirement for the issuance of a registration document for activities included in the authorization.
(7) the Permission under paragraph 1. 1 or a registration document under para. 2, item 3 and 4 for carrying out activities with waste shall be issued to a natural or legal person registered as a dealer on the black or the national law of the State and municipal enterprises, associations of municipalities, cooperatives and budgetary undertakings within the meaning of § 1, item 1 of the additional provisions of the accounting Act, which comply with the requirements of this Act.
(8) paragraph 2, paragraph 1 and 4 shall not apply in the case of a shipment of waste under Council Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste, hereinafter referred to as "Council Regulation 1013/2006". "
§ 6. In art. 13 the words "Minister of agriculture and food" shall be replaced by the words "the Minister of agriculture and food".
§ 7. In art. 15, para. 2 the words "the Minister of agriculture and food" shall be replaced by the words "the Minister of agriculture and food".
§ 8. In art. 16 is made the following changes and additions:
1. In paragraph 8. 2 the words "persons under art. 12, al. 6 ' shall be replaced by "persons under art. 12, al. 7. "
2. in the Al. 3:
a) in paragraph 1, after the words "vessels" is added "collection and";
b) in item 2 and 4, after the words "on-site" add "recovery and/or";
in section 6) shall be replaced by the following:
"6. the determination of places for placing of containers for separate waste collection sites, and sites for temporary storage of discarded electrical and electronic equipment;"
d) in item 10, after the word "batteries" add "and" rechargeable batteries;
(e)) are 11-15:
"11. the Organization of the separate collection of hazardous waste from the General waste stream outside the scope of the Ordinances under art. 24, para. 2 and 3 and then hand them over for recovery and/or disposal;
12. the provision of information to the public under item 5 – 7, 9 and 10;
13. ensure the implementation of the measures in the national plan for waste management;
14. separate collection and temporary storage of biodegradable waste by identifying sites for the deployment of the necessary elements of the system for the separate collection of waste and recycling transfer recovery and/or disposal;
15. the cleansing of waste of municipal roads in accordance with art. 16. "
§ 9. Create art. 16A-16 c:
"Art. 16A. The mayors of municipalities with regional division may enter into contracts with organizations on recovery for each region separately.
Art. 16B. The Mayor of the municipality provides the Organization of selective collection of packaging waste.
Art. 16. the owners of the roads under art. 8 of the Act on the road are responsible for:
1. cleaning of debris on the road, the roadway, road facilities, service areas, roadside service complexes and anchor points for maintenance within the meaning of § 1, item 1 – 3, 6, 9 and 10 of the additional provisions of the law on roads;
2. provision of containers for waste collection and transportation to the facility for their treatment. "
§ 10. Article 17 is amended as follows:
"Art. 17. The Mayor of the municipality alone, when not participating in regional association, or jointly with the other mayors of municipalities from the regional association shall act on assigning and carrying out feasibility studies for the construction of a new facility (s) for the treatment of household and/or construction waste for at least three years before running out the volume of landfill for household and/or construction waste or the expiration of the lifetime of the installation , which shall inform the relevant regional Inspectorate of environment and water. "
§ 11. In art. 19 after the word "bit" is added "including biodegradable" and a comma, and then the word "construction" is added "hazardous waste produced by individuals".
§ 12. Article 19A shall be amended as follows:
"Art. 19. (1) the municipalities included in each of the regions referred to in art. 28, para. 4, create a regional waste management system, consisting of a regional landfill and/or other equipment for waste treatment.
(2) the regional waste management system aims to achieve their effective treatment in accordance with the requirements of art. 4, al. 1 and fulfilment of obligations under art. 16 through participation of municipalities.
(3) the municipalities – members of the regional association shall determine ownership of the regional landfill and/or waste treatment facility. Ownership may be:
1. the municipality, which is the owner of the ground or has established the right of construction on definitions for building terrain;
2. co-ownership of the municipalities-members of the Association;
3. joint ownership between private and municipal funding partner, the owner of the field, and/or the municipalities, members of the Association.
(4) the cost of treatment per tonne of waste received at the regional waste management system, is the same for all members of the regional association of art. 19 (b), para. 1 and she could not be formed for profit associations.
(5) a municipality, a non-participating regional waste management system, you can use the same or a different one, under such conditions and prices set by the relevant regional association. "
§ 13. Create art. 19b, 19 c, 19 d, 19e and 19 is:
"Art. 19 (b) (1) Municipalities, included in each of the regions referred to in art. 28, para. 4, created pursuant to this Act regional association.
(2) the Municipal Council of the municipality shall adopt a decision to participate in the Association under para. 1, a copy of which is sent to the Mayor of the municipality in whose territory provides the construction or regional landfill is located.
(3) the Municipal Council of the municipality of the region under art. 28, para. 4 may adopt a decision on accession to the Association of municipalities of the region, provided it is not subverting establishment or functioning of the regional association or regional waste management system in its own region, after presentation of the positive opinions of both regional associations and the regional Inspectorate of environment and water.
(4) the members of the regional association can be only municipalities.
(5) Regional Association arises from the date of its first general meeting, the minutes of which shall be sent to the Minister of environment and water for registration in a special register and in the appropriate District Manager.
(6) Regional Association is a legal entity based in the municipality, which is the owner of the ground on which it has built or is planned the construction of a regional landfill, or which has established the right of the building.
(7) Regional Association formed and not distributing profit, not acquire property. Its activity is supported and sponsored by the respective municipal administrations.
(8) the authorities of the regional association are the General Assembly and the President of the Association.
(9) the municipalities can obtain financing projects in the field of waste management of EU funds, the State budget, Predprâtieto for management of activities on the protection of the environment to the Ministry of environment and water or other national public sources of funding only after the creation of the regional association.
(10) the provisions of para. 9 shall not apply in cases where a region consists of one municipality.
(11) municipality that refuses to participate, cause delay, thwart the establishment or functioning of the regional association and/or of a regional waste management system, pay damages and missed benefits to the other municipalities of the region.
Art. 19. (1) the general meeting of the regional association is composed of the mayors of the municipalities.
(2) the Governor, and if the region under art. 28, para. 4 falls in the territory of two or more areas – their governors, participating in the General Assembly of the regional association, without the right to vote.
(3) the General Assembly shall be convened by its Chairman every six months or at the request of any of the persons referred to in paragraph 1. 1 or 2. Convocation is made by written invitation with agenda to the above persons, a copy of which shall be sent to the Minister of environment and water.
(4) the general meeting shall be held if attended by the mayors of all municipalities, members of the regional association.
(5) in the absence of the quorum the meeting is postponed for one hour later and held if attended by at least two-thirds of the mayors and they represent at least two-thirds of the residents of all the municipalities – members of the regional association.
Art. 19. (1) the general meeting shall decide on:
1. election of the President;
2. admission of new members to the regional association;
3. giving an opinion on the accession of the community to an Association of municipalities;
4. the establishment of separate facilities for waste treatment, structure and evolution of the regional waste management system;
5. the procurement and selection of suppliers and contractors in the construction of the elements of the regional waste management system;
6. the procedures for the selection of the operator (s) of the regional waste management system;
7. validation of a single price for treatment of waste received at the regional waste management system;
8. adoption of the investment programme for the development of regional waste management system;
9. the establishment of procedures and methods for collection and distribution of the price of the users of the system (the municipalities – members of the regional association);
10. conclusion of contracts and the determination of prices in cases where regional waste management system for the benefit of communities outside of regional association or by the other owners of waste;
11. the implementation of the control of the operation of a regional waste management system and the activity of the selected operator (s);
12. ownership of regional landfill and/or facilities for waste treatment;
13. internal rules of the Association;
14. other issues related to activities of the regional association.
(2) in the cases under art. 19 in, al. 4 the general meeting shall take decisions by a majority of at least two-thirds of the attending mayors, representing at least two thirds of the residents of all the municipalities – members of the regional association.
(3) in the cases under art. 19 in, al. 5 General meeting shall take decisions by unanimity.
(4) the meetings of the General Assembly shall draw up protocols that shall be signed by the Chairman and by the attending mayors.
(5) the decisions of the General Assembly be made appropriately in each of the municipalities, shall be forwarded to the Minister of environment and water and the regional Governor.
(6) the decisions of the general meeting, subject to review only by the municipalities under the administrative code.
(7) a municipality that does not comply with a decision of the general meeting within her time, is responsible for damages and lost profits of the members of the regional association.
Art. 19 (1) the President of the regional association shall be elected from among the persons under art. 19 in, al. 1 for a period, concurrent with his tenure as Mayor.
(2) the President of the Association participated in the votes of the General Assembly on a par with the rest of the mayors of the municipalities.
Art. 19. The Chairman of the Association:
1. represent the Association;
2. prepare the agenda for meetings of the General Assembly;
3. convene and preside over meetings of the General Assembly;
4. maintain reliable information about the number of inhabitants of the municipalities – members of the regional association, on the basis of official figures from the National Statistical Institute;
5. organize and manage implementation of the decisions of the General Assembly;
6. carry out other activities assigned to it by the General Assembly. "
§ 14. In art. 23 is made the following changes and additions:
1. The current text becomes paragraph 1.
2. Al are created. 2 and 3:
"(2) on the proposal of the Minister of environment and waters by an act of the Council shall be authorized the use of up to 10 percent of the remaining capacity of the regional landfill, which has been in operation, or any other kind of design capacity of regional facility for the treatment of household waste for the needs of other areas, where there is an urgent necessity justified and related to the achievement of national objectives under the national program for the management of waste. Landfills and/or facilities, the use of which is authorised for the needs of other areas, must be built with funds, over 50 percent of which are provided by the State budget of the Republic of Bulgaria or by another national or international funding.
(3) waste destined for treatment under para. 2, go to waste and/or disposed of at the prices for the treatment of household waste to the facility from the regional system. "
§ 15. In art. 24 is made the following changes and additions:
1. In paragraph 8. 2, the words "multiple use" shall be replaced by the "re-use" and after the words "and the objectives for the" insert "separate collection" and a comma.
2. a para. 4:
"(4) the requirements for collection and treatment of waste in the territory of the healing and health facilities and national centres on issues of public health are determined by an Ordinance of the Minister of health, in consultation with the Minister of environment and water."
§ 16. In chapter IV, title of section I shall be replaced by the following: ' information and public records.
§ 17. Article 26 shall be amended as follows:
"Art. 26. (1) the Minister of the environment and water or an official authorised by him leads to: public records
1. authorisations under art. 37, registration documents under art. 12, al. 4 and closed objects and activities;
2. those who place on the market, including batteries and accumulators incorporated into appliances and motor vehicles;
3. the persons placing on the market of electrical and electronic equipment;
4. the persons under art. 84, para. 1.
(2) the Minister of economy, energy and tourism leads a public register of licences issued under Chapter v, section III.
(3) the register under para. 1, item 1 contains information on: 1. the name of the person;
2. unified identification code;
3. the number of the permit or the registration document and the date of issue;
4. legal registration address;
5. contact person, including phone, fax and email;
6. address of the sites at which the activities are permitted to carry on business;
7. code of the waste in accordance with the Ordinance under art. 3;
8. code and title of the authorized activity pursuant to § 1, item 8, 17, 18, 19 or 21 of the additional provisions.
(4) the register under para. 1, item 2 contains information about:
1. the registration number and name of the person;
2. unified identification code;
3. trade marks which the person used in the country;
4. mailing address, including postal code, location, name and number of the street/Boulevard and Internet address;
5. contact person, including phone, fax and email;
6. type of batteries and accumulators placed on the market, – portable, automotive, industrial;
7. the way of the fulfilment of obligations – individually or through a collective system, including the name of the organization they represent.
(5) the register under para. 1, item 3 contains information about:
1. the registration number and name of the person;
2. unified identification code;
3. trade marks which the person used in the country;
4. mailing address, including postal code, location, name and number of the street/Boulevard and Internet address;
5. contact person, including phone, fax and email;
6. categories of electrical and electronic equipment placed on the market;
7. the way of the fulfilment of obligations – individually or through a collective system, including the name of the organization they represent.
(6) the register under para. 1, item 4 contains information about: 1. the registration number and name of the dealer or broker;
2. the status of the person – the dealer or broker;
3. the seat and address of management;
4. contact person, including phone, fax and email;
5. type, code and name of the waste, who trades. "
§ 18. Art is created. 26 (a):
"Art. 26a. (1) the persons placing on the market, including batteries and accumulators incorporated into appliances and motor vehicles are registered in the register under art. 26, al. 1, item 2 under conditions and in accordance with procedures laid down in the Ordinance under art. 24, para. 2. (2) the persons placing on the market of electrical and electronic equipment shall be registered in the register under art. 26, al. 1, item 3 under conditions and in accordance with procedures laid down in the Ordinance under art. 24, para. 2. "§ 19. In art. 27 the following amendments and supplements shall be made:
1. In paragraph 8. 1 Finally a comma and add "1".
2. a new paragraph. 6:
(6) the Customs Agency and the National Revenue Agency upon written request of the Executive Agency for the environment information about the quantities of the products referred to in the specific codes for the current year of the Republic of Bulgaria combined nomenclature and a list of persons operating with them. "
3. The current paragraph. 6 it al. 7 and in her words "and 5 ' shall be replaced by" 5 and 6 ".
§ 20. In art. 28, para. 1 the words "Ministry of environment and waters" are replaced with "Minister of environment".
§ 21. In art. 29 following amendments and supplements shall be made:
1. In paragraph 8. 1:
(a) in item 2) add "and IPPC permit issued pursuant to Chapter 7, section II, of the Act on the protection of the environment";
(b)) in the t. 3 the text before paragraph (a) shall be replaced by the following: "persons whose srednospis″čen number of staff exceeds 10 persons and whose activities are in the form:".
2. Paragraph 4 is replaced by the following:
"(4) the programmes referred to in para. 1 shall be drawn up in accordance with the national plan for waste management and include the measures provided for in the action plan to the national program. "
§ 22. In art. 30 is made the following changes and additions:
1. In paragraph 8. 1 the words "and al. 4 "are deleted and add" for consultation or approval ".
2. in the Al. 2 the word "month" shall be replaced by "14 days".
3. in the Al. 3 the words "and 3" and the second sentence shall be deleted.
4. Create a new para. 5 – 8 and para. 9 and 10:
"(5) the programmes drawn up by the persons under art. 29, para. 1, item 3, operating in the territory of more than one regional Inspectorate of environment and waters shall be approved by the Director of any regional Inspectorate of environment and water in the territory of which the activities are carried out.
(6) within 14 days of submission of the draft programmes referred to in para. (3) and (5) the Director of the regional Inspectorate of environment and waters can only once to request the applicant to remedy irregularities and/or provide additional information.
(7) within 14 days of notification under paragraph 1. 6 the applicant removes the deficiencies and/or provide additional information.
(8) within 14 days from the date of removal of the irregularity and/or the provision of the additional information, the Director of the regional Inspectorate of environment and waters agreed with an opinion or decision affirms the presented projects.
(9) the Director of the regional Inspectorate of environment and waters refused reconciliation or the promotion of the project of the program in a reasoned decision, when failure to comply with the requirements under paragraph 1. 7.
(10) After refused under para. 9 the persons under art. 29, para. 1, 2 and 3 may submit a new program in accordance with para. 1. "
5. the Previous para. 5, 6, 7 and 8 shall become paragraph 11, 12, 13 and 14.
§ 23. In art. 31 is made the following changes and additions:
1. In paragraph 8. 2 creating a t. 15:
"15. information from persons carrying out activities on waste collection, for the facilities, which transmit the waste for recovery and/or disposal."
2. in the Al. 5:
(a)) in the text before paragraph 1 the word "disposal" is replaced by "treatment";
b) in point 1 the words "not involving excessive costs" shall be deleted.
§ 24. Article 36 shall be amended as follows:
"Art. 36. Product fee and in accordance with procedures laid down by an act of the Council shall be paid by:
1. the persons under art. 11, para. 1 and 2 which do not fulfil the order of art. 11, para. 4 the obligations and targets for separate collection, reuse, recycling and recovery of waste in accordance with this Act and the Ordinances under art. 24, para. (2);
2. the persons under art. 11, para. 4, paragraph 1, which are not shown in bezs″mnen way in front of the Minister of environment and waters that have fulfilled the obligations and objectives referred to in paragraph 1;
3. the persons under art. 11, para. 4, paragraph 2, members of the Organization recovery doesn't pay the agreed remuneration;
4. recovery organisations that are not proven in bezs″mnen way in front of the Minister of environment and waters that have fulfilled the obligations and objectives referred to in paragraph 1 of the persons under art. 11, para. 4, paragraph 2, of the them. "
§ 25. Article 37 shall be amended as follows:
"Art. 37. Permissions for recovery and/or disposal of waste including pre-treatment before recovery or disposal, shall be issued: 1. from the Director of the regional Inspectorate of environment and waters in the territory of which the activities are carried out;
2. the Minister of environment and water, or by an official authorized by him, where the activities are carried out in the territory of more than one regional Inspectorate of environment and water. "
§ 26. In art. 38 following amendments and supplements shall be made:
1. In paragraph 8. 1:
and in the text) before item 1 the words "art. 12, al. 6 ' shall be replaced by "art. 12, al. 7 ";
b) 11 is created:
"11. the categories of devices or types of batteries and accumulators in accordance with the relevant Ordinances under art. 24, para. 2, in the cases when applying for permission to carry out activities with discarded electrical and electronic equipment or spent batteries and accumulators.
2. in the Al. 2 the word "magnetic" is replaced by "e".
§ 27. In art. 39, para. 1 make the following amendments and additions:
1. In paragraph 3 the words "the original or a notarized copy of a certificate of registration in the relevant register of the applicant" shall be replaced by "unified identification code".
2. In paragraph 7, after the words "in accordance with the law on the protection of the environment" is added "and/or a decision on the assessment of the compatibility under art. 31 of the law on biological diversity ".
3. Points 8 and 9 are amended:
"8. the sanitary certificate from the regional inspection for control and protection of public health (PUBLIC HEALTH) – for persons carrying out activities involving hazardous waste from human medicine or related research in the territory of the inspection, or by the Minister of health – where the activities are carried out in the territories of more than one PUBLIC HEALTH;
9. the documents referred to in art. 51, para. 1, item 6 – for the transportation of hazardous waste in the cases under art. 12, al. (6); ".
4. Create is 12-14:
"12. the sample of copy – entered into force a detailed plan, certified by the competent authority of the territory;
13. a certified copy of a deed or lease, together with another document certifying the ownership of the property, issued by the competent authorities, in whose territory the site contains data for the address of the object the plot, planosnimačniâ number and other descriptive data, when the property is outside of the regulation;
14. a certain amount of deduction for one ton of waste deposited in accordance with art. 71A for activity on the disposal of hazardous and non-hazardous waste disposal. "
§ 28. In art. 40, para. the words "of one month" shall be replaced by the words "two months".
§ 29. In art. 41 following amendments and supplements shall be made:
1. In paragraph 8. 2 the word "authorized" is replaced by "empowered".
2. a para. 3:
(3) within 15 days of the filing of an application for authorisation for incineration or co-incineration of waste that meets the requirements of the law, or by the Elimination of irregularities and/or the provision of additional information in the cases under art. 40, para. 1, the competent authority referred to in art. 37, item 1 and 2 together with the municipalities of disclosed and provides for one month in equality stakeholders access to the application. "
§ 30. In art. 42 the following endorsements are added:
1. In paragraph 8. 1, after the words "additional information" insert "or of the expiry of the one-month period under art. 41, para. 3. "
2. in the Al. 3 create item 4, 5 and 6:
"4. There is a failure of art. 39, para. (2);
5. the site and the activities that will be carried out on it, do not meet the minimum requirements of the Ordinances under art. 24, para. (2);
6. the application is submitted by an organization for recovery. "
§ 31. In art. 44 para. 2 shall be amended as follows:
"(2) an application under subsection. 1 the person shall apply:
1. a declaration that the amendment has taken place not in the conditions under which authorisation was granted;
2. approved an updated program for waste management – for the persons under art. 29, para. 1, 2 and 3. "
§ 32. In art. 45 following amendments and supplements shall be made:
1. In paragraph 8. 2, the words "shall notify the competent authority" shall be replaced by ' shall submit an application for amendment and/or addition of the authorization, together with the relevant documents referred to in art. 38 and/or 39 certifying the change. "
2. a new paragraph. 4:
"(4) the authority under para. 1 can only once to request the applicant to remedy irregularities and/or provide additional information to the application for amendment and/or addition of authorisation where it is necessary to clarify the facts and the circumstances under art. 38 and 39 and/or to remove irregularities. "
3. Al are created. 5 and 6:
"(5) in the cases referred to in para. 4 the authority under para. 1 shall inform the applicant within 15 days of receipt of the application.
(6) within one month of notification under paragraph 1. 5 the applicant removes the deficiencies and/or provide additional information. "
4. The current paragraph. 4 it al. 7.
5. a para. 8:
(8) the competent authority shall refuse to amend and/or supplement the authorization when:
1. the application and/or the attached documents in the Al. 2 do not comply with the regulatory requirements;
2. it is established that the applicant is served with false data;
3. in the cases referred to in para. 1, item 5 the site and the activities that will be carried out on it, do not meet the minimum requirements in the Ordinances under art. 24, para. (2);
4. failure to comply with the requirements of para. 6. "
§ 33. In art. 46 the following modifications are made:
1. In paragraph 8. 1 the words "para. 6 ' shall be replaced by "para. 7. "
2. Paragraph 3 shall be amended as follows:
(3) rights under permits issued and in open procedure for using them are transferred when their holder while keeping the terms of the authorisation after notification of the competent authority, which reflects the official change. "
§ 34. In art. 50 the following modifications are made:
1. In the text before item 1 the words "para. 6 ' shall be replaced by "para. 7. "
2. Point 1 is replaced by the following: "1. persons accept waste for transport;".
3. point 3 is repealed.
§ 35. In art. 51, para. 1 make the following amendments and additions:
1. In paragraph 1, the words "the original or a notarized copy of a certificate of registration in the relevant register" shall be replaced by "unified identification code".
2. Create is item 5-8:
5. copies of written contracts with persons who are transferred waste permit holders under art. 12, al. 1 for recovery and/or disposal of wastes with the appropriate code, pursuant to the Ordinance under art. 3;
6. for the transport of hazardous waste by road shall be submitted the following documents:
a) copy of certificate of registration of the vehicle;
(b)) a copy of the coupon for passed technical inspection;
in the certificate) a copy of the safety adviser for the transport of dangerous goods;
d) a copy of the certificate for passing an exam by the driver of the means of transport in the European Agreement concerning the international carriage of dangerous goods by road ADR;
(e)) a document certifying the technical suitability of the means of transport – vehicle for conformity with the requirements of international agreements on the transport of dangerous goods;
7. for the transport of dangerous waste by rail shall submit the following documents:
a copy of the certificate) consultant on safety, issued in accordance with the model regulations concerning the carriage of dangerous goods by rail (RID), valid for the carriage by rail;
(b)) a document certifying the suitability of the means of transport, in accordance with the requirements set out in RID;
8. for the carriage of hazardous waste from vehicles in bodies of water shall be provided a copy of the document proving the suitability of the equipment and equipment for collecting hazardous waste. "
§ 36. In art. 52, para. 2 Add ", or when the application is submitted by an organization for recovery".
§ 37. In art. 53, para. 2 the words "art. 26, al. 1 "shall be replaced by" art. 26, al. 1, item 1 "and" shall be added after them and takes the registration document.
§ 38. In art. 54, para. 4 make the following amendments and additions:
1. point 1 shall be amended as follows:
"1. a declaration that the trader, with an indication of the unified identification code, and for non-residents-copy of a document issued in accordance with national legislation, establishing the legal status of the applicant;".
2. In paragraph 3, after the word "site" is added "or authorization under art. 37. "
§ 39. In art. 55 following amendments and supplements shall be made:
1. In paragraph 8. 2 Add "and apply" and item 1 and 2:
"1. the documents referred to in art. 54, para. 4, item 2;
2. the document certifying the fulfilment of the obligations under Chapter vi of the law on the protection of the environment. "
2. in the Al. 3 the word "authorized" is replaced by "empowered".
§ 40. In art. 59 following amendments and supplements shall be made:
1. In paragraph 8. 1:
(a)) in the text before paragraph 1 the word "authorized" is replaced by "authorized";
(b) in paragraph 2):
AA) in paragraph (a), after the words "and non-ferrous metals" insert "under art. 60, para. 2 ";
BB) creates letter "g":
"(g)) no legal basis for the use of the only playground, entered in the licence;"
b) item 4 shall be:
4. "be deleted in the license area with:
a) presence of a reasoned proposal by the Minister of environment and water;
(b)) established by the Commission under art. 56, para. 1 lack of a legal basis for the use of the property on which the site is located, provided that it is not the only recorded on the licence. "
2. a new paragraph. 2:
"(2) in an order under paragraph 1. 1, item 2 shall include a provisional enforcement order under the conditions of art. 60, para. 1 of the administrative code, except when the dealer provide a bank guarantee in favour of the Minister of economy, energy and tourism in the amount of $ 30,000. In the event that the order for the withdrawal to be confirmed by the Court judgment, the Bank security shall be released for the benefit of the authority referred to in the preceding sentence. "
3. The current paragraph. 2 it al. 3 and in her words "under para. 1, item 1 and 2 "shall be replaced by" under para. 1, item 1, 2 and 4.
4. Al are created. 4 and 5:
"(4) the Minister of economy, energy and tourism authorized by him or Deputy Minister shall issue a duplicate of a licence when it is lost, stolen or destroyed, on the basis of an application of the trader and the Declaration in the order determined by the Ordinance under art. 61.
(5) within 7 days of receipt of the order to withdraw, respectively the termination of the license to carry out trade in ferrous and non-ferrous metals trader is obliged to forward to the Ministry of economy, energy and tourism the original of the licence. "
§ 41. In art. 60 is made the following changes and additions:
1. In paragraph 8. 1 the words "on the date of receipt or shipment" shall be replaced by "immediately after the transaction to obtain and/or shipping.
2. in the Al. 2, after the words "on the location of the site" is added "within 7 days after their presentation".
3. in the Al. 3, after the word "wires" are added "and parts and gear from moving train or track configurations.
4. a para. 7:
(7) within three months of the cessation of activity the merchant is obliged to implement the available quantities of ferrous and non-ferrous metals, as well as to take the necessary measures to clean up the site. "
§ 42. In art. 62 following amendments and supplements shall be made:
1. In paragraph 8. 4:
a) point 1 shall be amended as follows:
"1. the unified identification code of the applicant;"
b) point 4 shall be repealed;
c) in item 5, the words "activities" and "temporary storage" shall be deleted and the words "or with municipalities" are replaced by "and with municipalities;
d) point 6 is replaced by the following:
6. "concluded preliminary written contracts with persons authorized under art. 12, pretreatment, recycling and/or recovery of the waste to ensure the implementation of the obligations of the members of the organization under this Act and the Ordinances under art. 24, para. 2; "
(e)) are item 9, 10 and 11:
"9. the Constitution of the Organization;
10. a notarized statement that the applicant is not the person referred to in this law with a person to whom a permit has been withdrawn or refused such authorization before the expiry of the one year of withdrawal or refusal;
11. the draft contract between the Organization and its members. "
2. in the Al. 6 item 4 is created:
"4. to contain the prohibitory provisions of:
and allocation of profit);
(b)) issue of bonds and equities with dividend coupons;
c) lending and guarantees of loans to third parties, as well as the assumption of debt obligations;
(d)) issue of bearer shares;
e) inclusion in the objects of the company activities beyond those specifically mentioned in § 1, item 26 of the supplementary provisions;
is organizational transformation) merger, merger, Division, separation or transfer of all the assets of the sole owner of capital. "
3. in the Al. 7, after the word "Application" be added "and the program under art. 29, para. 1, item 4 ", and the word" filed "is replaced by" submit ".
§ 43. Create art. 62 – 62:
"Art. 62. (1) the rights under a permit under art. 62 may not be transferred and/or sold.
(2) the organization may not be converted through acquisition, merger, Division, separation, separation of a single-member company or the transfer of all the assets of the sole owner of the capital.
(3) the organization may not contract for auditing a registered auditor its employee or shareholder.
(4) the organization may not have a business activity other than that referred to in § 1, item 26 of the supplementary provisions.
Art. 62 (b) (1) the recovery of packaging waste shall submit with the application under art. 62, para. 2 concluded preliminary written contracts with no less than 10 municipalities with a total population of not less than 200 000 inhabitants.
(2) an application under art. 62, para. 2 the recovery of packaging waste shall submit certified by the Mayor of the municipality deployment plan of containers for separate collection of waste referred to with specific parameters (capacity, type) and quantitatively-valuable account.
(3) the definitive contracts must comply with the contracts referred to in paragraph 1. 1.
(4) contracts under para. 1 and 3 must comply with the minimum criteria and requirements of the Ordinance under art. 24, para. 2 for the type of ordinary waste.
Art. 62. Within three months of receipt of the authorization under art. 62, para. 1 the recovery of packaging waste shall submit to the competent authority in accordance with the concluded agreements final agreements under art. 62, para. 4, item 5, and art. 62 (b), para. 1. "
§ 44. In art. 63 following amendments and supplements shall be made:
1. In paragraph 8. 1, after the word "application" be added "and the attached documents required" and the word "charge" is replaced by "responsible".
2. in the Al. 2, after the words "the competent authority" there shall be added "or an official authorised by him".
3. in the Al. 4, the words "of one month" shall be replaced by the words "two months".
§ 45. In art. 64, para. 2 make the following amendments and additions:
1. In paragraph 1 the comma and the words "para. 4 "are deleted.
2. point 2 shall be replaced by the following:
"2. the applicant has withdrawn the permission by the procedure of art. 68 within one year prior to the filing of the present application; ".
3. paragraph 3 shall be inserted:
3. failure to comply with the requirements of art. 63, para. 4. "
§ 46. In art. 66 following amendments and supplements shall be made:
1. In paragraph 8. 1, after the word "application" be added "in paper and electronic form.
2. Paragraphs 2 and 3 shall be read with the following adaptations:
"(2) an application under subsection. 1 shall apply:
1. the certificate referred to in art. 87, para. 6 of the tax-insurance procedure code;
2. updated program under art. 29, para. 1, item 4 according to the requirements of the Ordinances under art. 24, para. 2 in paper and electronic form;
3. a document for paid fee.
(3) within two months of receipt of the application or removal of the irregularity and/or the provision of the additional information, the authority referred to in art. 62, para. 1 issue or reasoned refused an extension of the marketing authorisation. "
3. Create a new para. 4 and 5:
"(4) the competent authority shall consider whether the application under para. 1 and the attached documents shall comply with the requirements of this Act and the regulations for its implementation.
(5) the competent authority may require the applicant once within one month of receipt of the application, the Elimination of irregularities and/or provision of additional information to the application and the attached documents, where necessary for clarification of the facts and circumstances of the Al. 2. "
4. The current paragraph. 4 it al. 6 and shall be amended as follows:
(6) within two months from the notification requirement under para. 5 the applicant removes the deficiencies and/or provide additional information. "
§ 47. In art. 67 following amendments and supplements shall be made:
1. Paragraph 2 shall be replaced by the following:
"(2) in the cases referred to in para. 1 Organization shall submit an application in paper and electronic format for modification and/or addition of the authorization together with the documents certifying the change to the competent authority within one month of the occurrence of the change. "
2. in the Al. 3 and 4, after the words "application for amendment" insert "and/or addition".
3. Al are created. 5-8:
"(5) the competent authority shall consider whether the application under para. 2 and the attached documents shall comply with the requirements of this Act and the regulations for its implementation.
(6) the competent authority may require the applicant once within one month of receipt of the application, the Elimination of irregularities and/or provision of additional information to the application and the attached documents, where necessary for clarification of the facts in the documents referred to in para. 2.
(7) within two months from the notification requirement under para. 6 the applicant removes the deficiencies and/or provide additional information.
(8) the competent authority shall refuse to amend and/or supplement the authorization when:
1. the application for the change and/or supplement and/or the attached documents do not comply with the regulatory requirements;
2. failure to comply with the requirements of para. 7. "
§ 48. In art. 68 create item 4 and 5:4. Organization has allocated the profits of their shareholders and/or affiliates;
5. There is a failure of art. 62 (b). "
§ 49. In art. 69 para. 2 shall be amended as follows:
"(2) the competent authority and the Organization shall inform the public in an appropriate manner for the granting of an authorisation as well as for his subsequent amendment or revocation of the authorization."
§ 50. In Chapter five establishes the IVa tab:
Section Iva
Financing the disposal of waste by landfill
Art. 71. (1) For activities in waste disposal via landfill every owner of the depot is required to make monthly deductions to the bank account for foreign funds to the regional Inspectorate of environment and waters, in whose territory is situated the landfill.
(2) Accumulated during the operational period of the landfill means under par. 1 used for the closure and sledeksploatacionni care of the site of the landfill under the permit or authorization bill under art. 12, al. 1 and/or approved by the competent authorities on the environment project.
(3) the account under para. 1 has a transitional balance at the end of each calendar year.
(4) the procedure and the calculation method of otčis leniâta be determined by an Ordinance of the Minister of environment and the Minister of finance.
(5) until the 10th day of the current month, the owner of the site translates into account under para. 1 monthly allowance for the previous month.
(6) the amount of the deduction for a ton of deposited waste is updated every three years.
(7) the resources of the Al. 2 to carry out the closure activities and sledeksploatacionni care of the site of the landfill may not be less than the funds earmarked by the order of the Ordinance under para. 4.
Art. 71 (b) (1) For performance of the obligation under closure and sledeksploatacionni care at the site of the landfill or the Division or section thereof in the presence of the necessary conditions to close under the Ordinance under art. 15, para. 2 the owner of the landfill shall submit an application to the Minister of environment and waters or to the authorised by him acquittal of officer amounts from the account under art. 71A, al. 1.
(2) the order and the manner of spending the amounts from the account under art. 71A, al. 1 shall be determined by the Ordinance under art. 71A, al. 4. Art. 71. the owners of landfills for inert waste shall be exempted from the obligations under art. 71A.
Art. 71. The requirements of art. 71A shall not apply to landfills, which are deposited in the joint mining waste under the law on mineral resources and waste in accordance with art. 2, al. 1, when:
1. the amount of the deposited or the landfill mining waste is predominantly, and
2. for the implementation of the closure and sledeksploatacionni care at the site of the depot provides financial security pursuant to the law on mineral resources.
Art. 71 e. Within three months of the termination of the operation of the landfill owner starts the execution of the activities on the closure of the landfill in accordance with the plan for the closure of the landfill.
Art. 71. (1) persons whose waste is disposed of through landfill at the regional or municipal Depot, make deductions in the amount and in accordance with procedures laid down by an act of the Council of Ministers, on a proposal from the Minister of environment and water and the Minister of finance.
(2) the Deduction under paragraph 1. 1 aim to reduce the amount of landfilled waste and to promote recycling and recovery.
(3) the accumulated funds in the Al. 1 is spent for construction of new facilities for the treatment of household waste, which run from the municipalities of the requirements of the law and regulations on its implementation.
Art. 71 g. Deduction under art. 71A, al. 1 and art. 71, al. 1 when you are done by municipalities, are elements of the cost under art. 66, para. 1, item 3 of the law for local taxes and fees.
Art. 71. The requirements of this section do not apply to landfills, which entirely included in the programmes for elimination of environmental damage, adopted by decision of the Minister of environment and waters, in accordance with the environmental protection act and the Act of the Council of Ministers in accordance with § 9 of the transitional and concluding provisions of the law for the protection of the environment. "
§ 51. In the name of chapter v section V shall be replaced by the following: "cross-border shipment of waste".
§ 52. Article 72 shall be amended as follows:
"Art. 72. (1) the transport of waste within the European Community, with or without transit through third countries, imports into the community from third countries, exports from the community to third countries and transit through the community from and to third countries of waste shall be carried out under the conditions and pursuant to Regulation 1013/2006.
(2) the Minister of the environment and water or an official authorised by him shall be the competent authority in the Republic of Bulgaria on the implementation of Regulation 1013/2006 on shipment of waste within the meaning of art. 53 of the regulation.
(3) the competent authority under paragraph 1. 2 leads a special register of licences issued under Council Regulation 1013/2006 notifications of shipment of waste from, to and through the territory of the Republic of Bulgaria, to import or export from or to countries that are not members of the European Union, as well as the annual declarations under art. 83.
(4) all the notifications referred to in paragraph 1. 3 and documents under Council Regulation 1013/2006 on shipments of waste shall be submitted to the Bulgarian or English. In cases where the documents are presented in English, the competent authority shall have the right to require an official translation of the Bulgarian language ".
§ 53. Article 73 shall be amended as follows:
"Art. 73. (1) for the carriage of waste under Council Regulation 1013/2006 requires written notification, the person designated as the notifier pursuant to art. 2, item 15 of Regulation 1013/2006, forward to the competent authority referred to in art. 72, para. 2 a document for paid fee and the documents referred to in art. 4 of Regulation 1013/2006, including:
1. unified identification code or registration number from the register under art. 26, al. 1, item 4 of the notifier, and for non-residents – a document issued in accordance with national legislation, establishing the legal status of the notifier, issued up to three months before the date of its presentation;
2. a single identification code of the carrier, and for non-residents – a document issued in accordance with national legislation, establishing the legal status of the carrier issued up to three months before the date of its presentation;
3. a copy of the authorisation, licence or registration document for activities with waste as stated in the notification;
4. a copy of the signed agreement pursuant to art. 5 of Regulation 1013/2006.
(2) in cases where the required financial guarantee or equivalent insurance in accordance with art. 6 of Regulation 1013/2006, it should be presented in the form of a bank guarantee, insurance guarantee or insurance policy.
(3) in the case of shipments of waste for the Republic of Bulgaria for interim recovery or disposal the financial guarantee or equivalent insurance covers the cost amount until completion of the shipments, as attested by a certificate in accordance with art. 15, the letter "d" of Regulation 1013/2006.
(4) in the General notification under art. 13 of Regulation 1013/2006 on shipment from the Republic of Bulgaria the financial guarantee or equivalent insurance must cover the total quantity of waste referred to in the notification, while allowing partial financial guarantee for part of the amount of waste in the cases referred to in para. 7.
(5) where the financial guarantee under art. 6 of Regulation 1013/2006 is presented in the form of a bank guarantee, the bank undertakes guarantor unconditionally and irrevocably upon the first written request of the Minister of environment and waters to translate bank guarantee in favour of and to the account of the Ministry of environment and water. The bank guarantee is unconditional and breaking even and must be issued by a foreign bank with a credit rating of AA rating agency Moody ' s or from a Bulgarian Bank. The bank guarantee issued by a foreign bank, it should be avizirana by a Bulgarian Bank.
(6) the insurance policy under art. 6 of Regulation 1013/2006 shall be issued by an insurance company, holding a license issued pursuant to the insurance code. The insurance policy includes an arrangement for payment of the full amount of the claim in favor of the Ministry of environment and water in the presence of a first written request.
(7) be Allowed to leave at the same time as transport as covered by the partial financial guarantee. In this case each carriage can go after you obtain the certificate referred to in art. 16, letter e of Regulation 1013/2006. "
§ 54. Article 74 shall be replaced by the following: "art. 74. (1) the Minister of the environment and water or an official authorised by him with the approval of the conditions of carriage shall issue its written consent to the making by placing signature and date stamp in the notification.
(2) the authority under para. 1 issue a reasoned order in the following cases:
1. when resolving carriage under art. 9 (1) (b) of Regulation 1013/2006 by setting certain conditions under art. 10 of the regulation;
2. When you lift an objection under art. 9 (1) (c) of Regulation 1013/2006;
3. in the event of withdrawal of consent under art. 9 (8) of Regulation 1013/2006.
(3) Orders under para. 2 shall be forwarded by the authority under para. 1 to the notifier in accordance with the civil procedure code.
(4) Orders under para. 2 appeal pursuant to the administrative code. The appeal of the order with which the competent authority shall withdraw their consent according to art. 9 (8) of Regulation 1013/2006 does not stop its implementation. "
§ 55. Article 75 shall be amended as follows:
"Art. 75. (1) shipments of waste are prohibited for the Republic of Bulgaria, destined for disposal, except in the following cases:
1. obligation to adopt the waste back in accordance with art. 22 and 24 of Council Regulation 1013/2006;
2. in the carriage of the balance resulting from treatment of waste originating in Bulgaria to other countries for which in Bulgaria there is no recycling facilities; in this case, the shipment of the balance shall be accompanied by a new notification.
(2) shipments of waste are prohibited for the Republic of Bulgaria, destined for recovery, if the planned utilisation to be carried out, the less utilised wastes from Bulgarian origin compared to the quantity shipped to the Republic of Bulgaria waste for recovery in the same installation. "
§ 56. Article 76 shall be amended as follows:
"Art. 76. (1) every shipment of waste for the Republic of Bulgaria is carried out under the following conditions:
1. facilities for final recovery of waste to have sufficient capacity;
2. the operators of the facilities referred to in paragraph 1 to have the relevant permissions, licenses or registration documents for activities with the waste according to the notification;
3. operators of facilities referred to in paragraph 1 have the permissions of the recovered wastes or residues to ensure the treatment of residuals in an environmentally sound manner.
(2) the competent authority under art. 72, para. 2 inquire about implementation of circumstances under para. 1 by fax or other technical means to the Director of the regional Inspectorate of environment and waters, in whose territory is situated the facility for waste treatment.
(3) the Director of the regional Inspectorate of environment and waters, in whose territory is situated the facility for waste treatment, within three days from the date of receipt of the request under paragraph 1. 2 check and send its opinion by fax or with help of other technical means.
(4) the authority under art. 72, para. 2 refused carriage for the Republic of Bulgaria with a motivated order when:
1. is not met one or more of the requirements of para. 1;
2. the notifier or the consignee of the waste has sanctioned two or more times for the illegal shipment of waste established under Regulation 1013/2006.
(5) the order under paragraph 1. 4 subject to appeal pursuant to the administrative code. An appeal shall not have suspensive effect.
§ 57. Article 77 is amended as follows:
"Art. 77. (1) the transport of waste between the Republic of Bulgaria and the countries which are not members of the European Union, shall be carried out in customs offices, determined by a joint order of the Director of the Customs Agency and the Minister of environment and water.
(2) when a shipment of waste between the Republic of Bulgaria and the countries which are not members of the European Union, the competent authority referred to in art. 72, para. 2 send a copy of the notification and a copy of an order issued by the order of art. 74, para. 2 or al. 3 to the Director of the Customs Agency and the Director of the regional Inspectorate of environment and water. "
§ 58. Article 78 is amended as follows:
"Art. 78. (1) when substantial changes in accordance with art. 17 of Regulation 1013/2006 in terms of transport, for which there is an agreement, new notification is required.
(2) the following shall be considered for substantial changes to the notification:
1. increase the amount of waste referred to in the notification, or
2. change in the itinerary, if the transit countries are different from those originally in the notification, or
3. the extension of the period of carriage referred to in the notification. "
§ 59. Article 79 shall be amended as follows: "Article. 79. (1) the competent authority under art. 72, para. 2 issue a permit to the operator of facilities for recovery in the cases and under the conditions of art. 14 of Regulation 1013/2006.
(2) the permission under paragraph 1. 1 shall be granted only for equipment for recovery of waste listed in annexes III, IIIA and IIIB of Regulation 1013/2006 and which are not destined for interim recovery operations.
(3) for authorisation under paragraph 1. 1 the operator of a waste recovery facility fills in an application to which the following documents:
1. unified identification code;
2. a copy of the issued permit him under art. 37 to perform activities with waste or IPPC permit issued under the environmental protection act, in cases where this is required;
3. a description of the technology used in the facility, including the codes of the recovery operations.
(4) in an application under subsection. 3 shall indicate: 1. name, registered office and Head Office of the operator of opolzotvorâvaŝoto facility;
2. waste to go to waste, as referred to in annexes III, IIIA and IIIB of Regulation 1013/2006, as well as the code of the European waste catalogue;
3. a description of the chemical composition of the waste, where possible;
4. the quantity of waste intended for recovery;
5. information on the quantity, composition and the treatment of residues of recovery;
6. the period of validity of the authorisation requested.
(5) with the authorisation under paragraph 1. 1 the Minister of environment and water or an official authorised by him gives the unique registration number of the recovery facility and sent to the operator of the facility a copy of the authorisation. The authorisation under paragraph 1. 1 can not be with the duration, no later than 31 December 2014.
(6) the competent authority under art. 72, para. 2 sent by fax or other technical means for the execution of the query the circumstances under para. 3 and 4 to the Director of the regional Inspectorate of environment and waters, in whose territory is situated the facility for waste treatment.
(7) the Director of the regional Inspectorate of environment and waters, in whose territory is situated the facility for waste treatment, within three days from the date of receipt of the request under paragraph 1. 6 check and send its opinion by fax or with help of other technical means.
(8) upon the issue of notification of wastes destined for recovery operations, art. 14 (4) of Regulation 1013/2006 apply, if the facility for final recovery have permission under paragraph 1. 1. "
§ 60. Article 80 shall be amended as follows:
"Art. 80. (1) in the event of a change in the data under art. 79, para. 3 and 4, as well as in the event of a change in the issued authorization under art. 37 or a complex permit issued pursuant to the law on the protection of the environment, the operator of an installation shall submit to the Minister of environment and water application for change in circumstances to which documentary evidence attesting to apply the change, within the time limit under art. 45, para. 2. the competent authority shall take a decision on the application for a change in circumstances within one month.
(2) the competent authority under art. 72, para. 2 takes a permit for prior consent in case of one of the conditions of art. 47, para. 1. In this case, the notifier cannot apply for issue of a new permit within one year from the date of the withdrawal of authorisation.
(3) For the extension of a permit within the time limit under art. 44, para. 1 an application for the extension to which the Declaration applies, that is changes in the conditions under which the authorisation has been granted. In this case, the competent authority shall take a decision within one month.
(4) a permit for amendment and/or addition under para. 1 or refusal to issue, amend, complement or extend the term of authorization for prior consent under appeal pursuant to the administrative code.
§ 61. Article 81 shall be replaced by the following:
"Art. 81. in the illegal shipment of waste under art. 2, item 35 of Regulation 1013/2006 bodies under art. 94 a, para. 2 or empowered by these officials shall immediately notify in writing the Minister of environment and water and the Director of the regional Inspectorate of environment and waters, the location of which is established illegal carriage. "
§ 62. Article 82 shall be replaced by the following:
"Art. 82. (1) in the cases under art. 22, paragraph 2 and article. 24, paragraph 2 of Regulation 1013/2006, the Minister of environment and water or an official authorised by him shall oblige the notifier with orders to transport the waste back in the Republic of Bulgaria and to treat them in an environmentally sound manner. In this case, the order shall accompany the transport of waste to its final destination.
(2) in the cases under art. 24, paragraph 3 of Regulation 1013/2006, the Minister of environment and water or an official authorised by him shall oblige the recipient with an order to treat the waste in an environmentally sound manner. In this case, the order shall accompany the transport of waste to its final destination.
(3) the order under paragraph 1. 1 shall be forwarded to the notifier and, in the cases referred to in para. 2 – the recipient, in accordance with the civil procedure code.
(4) Orders under para. 1 and 2 shall be subject to appeal under the administrative code. An appeal shall not have suspensive effect.
(5) If the cost of the obligations under para. 1 and 2 are assumed by the Minister of environment and waters, they shall be subject to refund in full by the person liable in accordance with para. 1 and 2. "
§ 63. Article 83 shall be amended as follows:
"Art. 83. Any person effecting trans frontier shipment of waste for which notification is not required under Regulation 1013/2006, submit to the Ministry of environment and water annual report-statement. "
§ 64. Article 84 shall be amended as follows:
"Art. 84. (1) every person carrying on business as a dealer in art. 2, 12 or as a broker under art. 2, item 13 of Regulation 1013/2006, submitted to the Minister of environment and water application for entry in the register under art. 26, al. 1, item 4, which States:
1. unified identification code, name, seat and address of management;
2. type, code and name of the waste that will be marketed.
(2) an application under subsection. 1 submit a document for paid fee.
(3) in the case of incompleteness of the documents submitted under paragraph 1. 1 or 2, the Minister of environment and waters within 15 days notify the person thereof and shall set a deadline for its removal.
(4) within 15 days from the filing of the application referred to in paragraph 1. 1 or remove the incomplete under para. 3 the Minister of environment and water or an official authorised by him shall issue certificates to the data entered in the register referred to in para. 1 merchants and brokers. "
§ 65. Article 85 shall be replaced by the following:
"Art. 85. The registered persons under art. 84 shall notify the Minister of environment and water of any changes in their completed registration within 7 days of the event in question. "
§ 66. Article 86 is amended as follows:
"Art. 86. the competent authority referred to in art. 72, para. 2 refused entry in the register by reasoned order: 1. where the applicant within one year prior to the filing of the application has committed administrative violations, for which he was punished twice or more with criminal decree which entered into force in accordance with Chapter vi, section II;
2. in the neotstranâvaneto of the incompleteness of the documents presented under art. 84, para. 1 or 2 within the time limit. "
§ 67. Article 87 shall be amended as follows:
"Art. 87. (1) a Registration entered in the register of the dealer or broker shall be deleted:
1. where the applicant within one year prior to the filing of the application has committed administrative violations, for which he was punished twice or more with criminal decree which entered into force in accordance with Chapter vi, section II;
2. at the request of the trader, broker, respectively;
3. upon termination of the legal person, upon the death of the registered or when inserted into custody;
4. within non-informing about changes under art. 85.
(2) Cancellation of the registration under paragraph 1. 1 shall be made by order of the Minister of environment and waters. "
§ 68. Article 88 shall be amended as follows:
"Art. 88. The orders referred to in art. 86 and art. 87, para. 2 subject to appeal pursuant to the administrative code. The appeal of the orders did not stop their implementation. "
§ 69. Article 89 shall be amended as follows:
"Art. 89. Notifiers may be sole traders and brokers entered in the register under art. 26, al. 1, item 4. "
§ 70. Article 90 is replaced by the following:
"Art. 90. For the notifications, permits and registration documents under this section shall collect fees fixed by the tariff for the fees collected in the system of the Ministry of environment and water, approved by the Council of Ministers. "
§ 71. Article 91 is amended as follows:
"Art. 91. The order and the manner of calculating the amount of financial guarantees under this section and for the granting of annual declarations under art. 83 shall be determined by an Ordinance of the Council of Ministers. "
§ 72. In Chapter five, section Va is hereby repealed.
§ 73. Art is created. 93A:
"Art. 93. The Director of the regional Inspectorate of environment and waters or an official authorised by him exercised control in conjunction with the correct charge and the timely payment of the product fee under art. 36, item 1 of the persons under art. 11, para. 1. "
§ 74. Art is created. 94 (a):
"Art. 94. (1) the Minister of the environment and water, the Minister of the Interior, the Minister of transport, information technology and communications, the Director of the customs agency or authorised by these officials control the cross-border shipment of waste under this law and in Regulation 1013/2006 in accordance with its powers.
(2) under para. 1 shall be effected by:
1. the Director of the regional Inspectorate of environment and waters, in whose territory the place of origin of the waste, or persons authorised by him, for the cases under art. 50, paragraph 3, subparagraph (a) of Regulation 1013/2006;
2. the Director of the regional Inspectorate of environment and waters, on whose territory the transport destination e, or persons authorised by him, for the cases under art. 50, paragraph 3, point (b) of Regulation 1013/2006;
3. the Customs authorities and the authorities of the General Directorate for border police – in the cases under art. 50, paragraph 3 (c) of Regulation 1013/2006;
4. officials of the Executive Agency "automobile administration" Executive Agency "Railway Administration" Executive Agency "maritime administration" and the authorities of the border police Directorate and the Directorate General for Security Police "– in the cases under art. 50, paragraph 3, point (d) of Regulation 1013/2006.
(3) the authorities and persons referred to in para. 2, item 3 and 4 may, in case of doubt about the conformity of the waste with its accompanying documents or on the type of waste to request assistance from the regional Inspectorate of environment and waters is carried out. In this case, the Director of the regional Inspectorate of environment and water or an official authorised by him has an immediate assistance.
(4) the Director of the regional Inspectorate of environment and waters may, in the cases referred to in paragraph 1. 2, item 1 or 2 to request the assistance of the Ministry of the Interior. In this case the Ministry of the Interior have an immediate assistance. "
§ 75. Article 95 shall be replaced by the following:
"Art. 95. (1) the Director of PUBLIC HEALTH or an official authorised by him exercised control of the hazardous waste treatment in the healing and health care facilities.
(2) in carrying out the checks the authorities referred to in para. 1 compile statement.
(3) in the case of infringements give prescription required inspection bodies and set a time limit for the removal of distortions. "
§ 76. In art. 97, para. 1 and 2, after the words "art. 92, 93 "a comma and added" 93 ".
§ 77. Article 98 is amended as follows:
"Art. 98. the authority under art. 94 a, para. 2, item 1 and 2 control the cross-border shipment of waste and has the powers under art. 97. "
§ 78. Create art. 98 a-98:
"Art. 98. The Customs authorities shall carry out customs supervision and controls on the cross-border shipment of waste in accordance with this law and customs legislation and can take appropriate action under art. 102A.
Art. 98 (b). the border police Directorate and the General Directorate for the security police "are on the cross-border transport under this law, the law on the Ministry of the Interior and its implementing regulations and can take appropriate action under art. 102A.
Art. 98. the authorities of the Executive Agency "automobile administration" Executive Agency "Railway Administration" and an Executive Agency "maritime administration" carry out controls on cross-border shipment of waste in accordance with this law, relevant international legal acts ratified by the Republic of Bulgaria with the law, the law on road transport, Highway Traffic Act, the law on rail transport, the law on maritime space, inland waterways and ports of the Republic of Bulgaria and the secondary legislation on their application and can take appropriate action under art. 102A.
Art. 98. the authorities and the persons under art. 94 a, para. 2 may carry out checks and have the right of access to the register under art. 72, para. 3. "
§ 79. In art. 99 is hereby amended as follows:
1. In paragraph 1 the word "authorized" is replaced by "empowered".
2. point 2 shall be replaced by the following:
"2. the President of the Commission for the protection of consumers or authorized by it in connection with official controls on the products that fall within the scope of the consumer protection act;".
3. In paragraph 3 the word "authorized" is replaced by "empowered".
§ 80. In art. 101-Al is created. 3:
"(3) the Minister of economy, energy and tourism activity stops trade in ferrous and non-ferrous metal at a certain site in case of neotstranâvane of the breach within 7 days of a determination."
§ 81. Create art. 102A and 102 (b):
"Art. 102. (1) for the prevention of administrative violations of the law and of Regulation 1013/2006, as well as to prevent and overcome their consequences, the relevant supervisory authorities under art. 94 a, para. 2, according to their competence following compulsory administrative measures:
1. temporary suspension of movement of transport;
2. move to a suitable place on the account of the carrier of the vehicle together with the waste;
3. the return of the waste in the country of dispatch;
4. environmentally sound waste treatment.
(2) Compulsory administrative measures referred to in paragraph 1. 1, paragraphs 1 and 2 shall be carried out by immobilisation of transport and, in the case of road transport – and by the withdrawal of the registration document of the vehicle, to the presentation of an opinion by the Minister of environment and water or empowered by him/her on the waste and transport.
(3) the opinion referred to in paragraph 2 contains instructions for:
1. the payment of a security, the fine or penalty payment or cessation of administrativnonakazatelnoto production;
2. further measures concerning the shipment of waste to be taken.
(4) Compulsory administrative measures referred to in paragraph 1. 1, paragraphs 1 and 2 shall be applied with a motivated order of the competent authority under art. 94 a, para. 1 or authorised by officials. A copy of the order along with a copy of all available documents shall be sent forthwith to the Minister of environment and water and the Director of the regional Inspectorate of environment and waters by fax or by any other technical means.
(5) the Compulsory administrative measures referred to in paragraph 1. 1, item 3 and 4 apply to a reasoned order of the Minister of environment and water. A copy of the warrant shall be sent without delay to the authority or a person referred to in art. 94 a, para. 2, verifying, by fax or by any other technical means.
(6) the amount of the security shall be fixed by the order under paragraph 1. 4 and may not be less than the minimum size of a fine or pecuniary penalty provided for the violation, and may not be larger than the maximum size of a fine or pecuniary penalty provided for the violation.
(7) the security shall be released upon cessation of production administrativnonakazatelnoto or intercepts with the entry into force of the Decree.
(8) the unused portion of the security shall be returned to the importer immediately after the completion of the procedures referred to in paragraph 1. 7. (9) the amount of the security required for the payment of the fine, according to the proprietary sanction shall be deposited in the bank account of the Ministry of environment and water.
(10) the Compulsory administrative measures appeal under the administrative code. An appeal shall not have suspensive effect.
Art. 102 (b). Where there is doubt that the administrative violation of law in connection with the requirements of Regulation 1013/2006 within the meaning of art. 102 a, para. 1 constitutes a crime under art. 353 (b) of the criminal code, the Minister of environment and water or an official authorised by him shall immediately inform the competent authorities of the public prosecutor and the Ministry of the Interior of the case and shall send copies of all the documents. "
§ 82. In art. 104 the following modifications are made:
1. In paragraph 8. 1 in the text before item 1 the number "150" is replaced by "300" and the figure "500 ' is replaced by ' 1 000 '.
2. in the Al. 2 the number "300" is replaced by "600" and the figure "1000" shall be replaced by "2000".
3. in the Al. 4 in the text before point 1 ' 700 "is replaced by" 1400 "and the number" 2000 "is replaced by" 4000 ".
4. in the Al. 5 figure "1400" is replaced by "2800" and the figure "is replaced by" 4000 "8000".
§ 83. In art. 104 and following amendments and supplements shall be made:
1. In paragraph 8. 1 everywhere the number "1000" shall be replaced by "2000", the number "10000" is replaced by "20 000" and "20000" is replaced by "40,000".
2. a para. 4:
"(4) is Punished with a penalty payment in the amount of 5000 to 10 000 LEVs. a sole proprietor or a legal person which:
1. violate the requirements of art. 26 a, para. 1 or 2;
2. provide false data required for registration. "
§ 84. Create art. 104 (b) and 104 in:
"Art. 104 (b) (1) For the offences under art. 19A, para. 1 the mayors of municipalities and/or officials are punished with a fine of 5000 to 10 000 LEVs.
(2) the Mayor of a municipality who fails to fulfill his obligation in the period for the convening of a general meeting of the first regional association under art. 19 (b), para. 1, is punishable by a fine of 5000 to 10 000 LEVs.
(3) the President of the regional association of art. 19 (b), para. 1, who does not fulfil his obligation to convene the general meeting is punishable by a fine of 5000 to 10 000 LEVs.
Art. 104. in the prescription under art. 93, para. 4 and art. 95, para. 3 having a fine, penalty, respectively, at the rate of 500 to 2000 BGN.
§ 85. In art. 105 in the text before point 1 ' 700 "is replaced by" 1400 "and the number" 2000 "is replaced by" 4000 ".
§ 86. In art. 106 following amendments and supplements shall be made:
1. In paragraph 8. 1:
(a)) in the text before paragraph 1 the figure "1000" shall be replaced by "2000" and the figure "3000" is replaced by "6000";
b) in paragraph 1, after the words "art. 5, al. 2 "there shall be added" and 3 ";
in) in paragraph 2 the words "regulations on the application thereof" shall be replaced by "the Ordinance under art. 27, al. 1 ";
d) point 3 shall be replaced by the following:
"3. it does not fulfil its obligation under art. 29, para. 1, al. 3 and/or 4 ";
(e)) is created that 6, 7 and 8:
6. "does not provide the information and not keep records in accordance with this Act and the Ordinances under art. 24, para. (2);
7. provide false information and/or false leads accountability under this Act and the Ordinances under art. 24, para. (2);
8. do not provide access to the premises and records of the person carrying out the inspection officer. "
2. in the Al. 2 figure "1500" shall be replaced by "3000" and the number "5000" is replaced by "10 000".
3. in the Al. 3:
and in the text) before item 1 figure "3500" is replaced by "7000" and the number "10000" is replaced by "20 000";
b) point 4 shall be replaced by the following:
"4. the requirements for cross-border shipment of waste under Council Regulation 1013/2006, and chapter v, section V of the Act, if the offence does not constitute a crime."
4. in the Al. 4:
a) in paragraph 1 the figure "2000" is replaced by "4000" and "6000" is replaced by "12 000";
b) in paragraph 2 the figure "3000" is replaced by "6000" and the number "10000" is replaced by "20 000";
c) in item 3 number "7000" is replaced by "14,000" and "20000" is replaced by "40,000".
5. in the Al. 6:
and before that) the text shall be amended as follows: 1 "of a legal person or sole proprietor having the penalty payment in the amount of 10 000 to 50 000 EUR, if:";
b) point 1 shall be amended as follows:
"1. the marketed batteries and accumulators:
a) containing mercury or cadmium exceeding the values set by the Ordinance under art. 24, para. (2);
(b)) that are not marked in accordance with the requirements of the Ordinance under art. 24, para. 2; "
in) in item 2 and 5, the words "produced and/or imported and" shall be deleted;
(d)) that shall be 6:
6. "placed on the market of electrical and electronic equipment:
a) which is not marked in accordance with the requirements of the Ordinance under art. 24, para. (2);
(b)) as well as electric incandescent lamps and luminaires in households containing lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls or polybrominated diphenyl ethers, where there is a prohibition on that. "
6. Al are created. 10 and 11:
"(10) a penalty payment in the amount of 10,000 EUR recovery organization that:
1. does not comply with the conditions attached to the authorization under art. 62;
2. provide information and keep records in accordance with this Act and the Ordinances under art. 24, para. (2);
3. provide false information and/or false leads accountability under this Act and the Ordinances under art. 24, para. (2);
4. do not provide access to the premises and records of the person carrying out the inspection officer.
(11) in the event of a repeated offence under subsection. 10 the proprietary sanction was double the size. "
§ 87. In art. 107 following amendments and supplements shall be made:
1. In paragraph 8. 1:
and in the text) before item 1 figure "3500" is replaced by "7000" and the number "10000" is replaced by "20 000";
b) in item 3, after the word "that" is added "are not treated in advance" and a comma;
c) in item 11 Add "and/or in containers for collection of household or ordinary waste";
(d)) shall be t. 13, 14 and 15:
"13. the mixing of hazardous waste from medical activities with other hazardous wastes, substances and materials, and prevent subsequent technology for disposal and/or recovery;
14. submitted for untreated hazardous waste disposal of tissue establishments;
15. treated waste from hospitals in violation of the requirements of the Ordinance under art. 24, para. 4. "
2. in the Al. 2 number "7000" is replaced by "14,000" and "20000" is replaced by "40,000".
3. Al are created. 5-7:
"(5) a legal person or sole proprietor who does not make monthly deductions to the bank account referred to in art. 71A, al. 1 in cases where such is required, is punishable by a penalty payment at twice the uncommitted cash account.
(6) an official who fails to comply with the prohibition under art. 7, para. 4, shall be punished with fine in extend from 1000 up to 5000 EUR
(7) a penalty payment in the amount of 30 000 to 100 000 LEVs. a legal person or sole proprietor who operates the landfill for waste without the presence of a certain amount of deduction per unit of waste deposited in accordance with art. 71A. "
§ 88. In art. 108 the following modifications are made:
1. In paragraph 8. 1 the figure "1500" shall be replaced by "3000" and the number "5000" is replaced by "10 000".
2. in the Al. 2 in the text before paragraph 1 the figure "3500" is replaced by "7000" and the number "10000" is replaced by "20 000".
3. in the Al. 3:
a) in paragraph 1 the figure "3000" is replaced by "6000" and the number "10000" is replaced by "20 000";
b) in paragraph 2 the figure "7000" is replaced by "14,000" and "20000" is replaced by "40,000".
§ 89. Art is created. 108 (a):
"Art. 108. (1) to carry out a shipment of waste, defined as illegal according to art. 2, item 35 of Regulation 1013/2006, or for violation of the prohibitions referred to in art. 75 natural persons is punishable by a fine of up to 5000 25 000 BGN, and for legal persons and the sole traders having penalty payment in the amount of 10 000 to 50 000.
(2) for violation of art. 15, the letters "c", "d" and "e", art. 16, 17, 18, 19, 20, 22, 24, art. 35, paragraph 3 (c), art. 38, paragraph 3, point (b) and article. 42, paragraph 3 (c) of Regulation 1013/2006 individuals are punished with a fine of 1000 to 5000 BGN, and for legal persons and the sole traders having penalty payment in the amount of 2000 to 20 000.
(3) For non-compliance with the compulsory administrative measures under art. 102 and 102A individuals are punished with a fine of 1000 to 10 000 BGN, and for legal persons and the sole traders having penalty payment in the amount of 2000 to $ 20,000. "
§ 90. Article 109 shall be replaced by the following:
"Art. 109. (1) a penalty payment in the amount of 3000 to 10 000 BGN. sole trader or legal person who:
1. take the necessary measures to ensure the separate collection and treatment of played him batteries and accumulators on the market;
2. carry out the sale of portable batteries and accumulators, but does not provide a place for collecting spent portable batteries and accumulators to the territory in carrying out the sale;
3. place spent batteries and rechargeable batteries in containers for domestic waste or mixed with other wastes;
4. discard spent batteries of unauthorized places and/or pouring an electrolyte;
5. collect and store spent accumulators without electrolyte in collection centres in a quantity exceeding 5 percent of the total quantity of collected batteries;
6. does not provide recovery or transmission for the recovery of his batteries and accumulators in the statutory time limit;
7. carry out disposal of spent batteries and accumulators of parts or materials which can be recycled and/or recovered.
(2) in the event of a repeated offence under subsection. 1 having penalty payment ranging from 6000 to 20,000 LEVs. "
§ 91. In art. 110 the following modifications are made:
1. Paragraph 1 shall be amended as follows:
' (1) is Punishable by a penalty payment in the amount of 3000 to 10 000 BGN. sole trader or legal person who: 1. intentionally violate the integrity of the end-of-life gas discharge lamps and electronic heaps unless you have authorization under art. 12, al. 1 for this activity;
2. place the open containers for the collection and storage of disused lamps;
3. place discarded electrical and electronic equipment in containers for domestic waste or mix them with other wastes;
4. carry out the disposal of discarded electrical and electronic equipment, parts or materials which can be recycled and/or recovered;
5. do not dispose of non-reuse, recycling and/or recovery from waste pretreatment of discarded electrical and electronic equipment in accordance with the requirements of this Act and the regulations for its implementation;
6. does not provide and does not provide in the territory of which the conduct sale of electrical and electronic equipment, a place for the collection of discarded electrical and electronic equipment, formed in bits. "
2. in the Al. 2 figure "3000" is replaced by "6000" and the number "10000" is replaced by "20 000".
§ 92. In art. 111 is hereby amended as follows: 1. In para. 1:
and in the text) before item 1 figure "1500" shall be replaced by "3000" and the number "5000" is replaced by "10 000";
b) in item 1 (a), after the word "metal" and "arsenic is added";
c) in item 2 (b), the words ' fruit and vegetables ' shall be replaced by ' fruit and vegetable crops and vineyards. "
2. in the Al. 2 figure "3000" is replaced by "6000" and the number "10000" is replaced by "20 000".
§ 93. In art. 112 the following modifications are made:
1. In paragraph 8. 1 in the text before paragraph 1 the figure "1500" shall be replaced by "3000" and the number "5000" is replaced by "10 000".
2. in the Al. 2 figure "3000" is replaced by "6000" and the number "10000" is replaced by "20 000".
§ 94. In art. 113 following amendments and supplements shall be made:
1. In paragraph 8. 1:
and in the text) before item 1 figure "1500" shall be replaced by "3000" and the number "5000" is replaced by "10 000";
(b)) that are 6-9:
"6. stores and/or throw waste oil and petroleum products in a way that leads to soil pollution;
7. treats, including burning, waste oils and petroleum products in a way that leads to exceeding the established limit values of pollutants in ambient air;
8. mix waste oils and petroleum products with fuels, fluids, brake fluids and solvents;
9. discard used oil and petroleum products in containers for the collection of household waste. "
2. paragraph 2 is replaced by the following:
"(2) a penalty payment in the amount of $ 7000 to 10,000. sole trader or legal person who:
1. the present information about the holdings of equipment containing polychlorinated biphenyls and terphenyls;
2. does not comply with the time limits set out in the plan for cleaning and/or disposal of holdings of equipment containing polychlorinated biphenyls, approved by order of the Director of the regional Inspectorate of environment and waters, in whose territory is situated the equipment. "
3. in the Al. 3:
a) in paragraph 1 the figure "3000" is replaced by "6000" and the number "10000" is replaced by "20 000";
b) in paragraph 2 the figure "7000" is replaced by "14,000" and "20000" is replaced by "40,000".
§ 95. In art. 114 the following modifications are made:
1. In paragraph 8. 1 the figure "1500" shall be replaced by "3000" and the number "5000" is replaced by "10 000".
2. in the Al. 3, paragraph 1 the figure "3000" is replaced by "6000" and the number "10000" is replaced by "20 000".
§ 96. In art. 115 following amendments and supplements shall be made:
1. In paragraph 8. 1:
a) in paragraph 3, after the words "all kinds and quantities" is added, and parts and equipment by train or rolling stock track ";
(b)) in item 5, the words "on the date of receipt or shipment" shall be replaced by "immediately after the transaction to obtain and/or shipping;
in t. created) 10-14:
10. accepts the certificate or declaration with all required data not entered for shows waste;
11. within three months after suspension of the activity does not implement the available quantities of ferrous and non-ferrous metals and/or do not take the necessary action for the cleaning of the site;
12. no surrender in the Ministry of economy, energy and tourism discharge or terminated license within three days from the date of receipt of the order;
13. breaches the orders referred to in art. 101, para. 3;
14. breaches the requirements of art. 60, para. 6. "
2. Paragraphs 2 and 3 shall be read with the following adaptations:
"(2) for infringements under para. 1, paragraphs 1 and 2 shall impose financial penalties in the amount of 30 000 to 100 000 BGN, and in other cases under para. 1 – from 2000 to 6000 EUR
(3) in the event of a repeated offence under subsection. 1, item 1, 2 and 3 shall receive financial penalties representing from 60 000 to 200 000 EUR, and in other cases under para. 1-from 4000 to 12000 EUR "
§ 97. In art. 116 following amendments and supplements shall be made:
1. In paragraph 8. 1 in the text before point 1 ' 700 "is replaced by" 1400 "and the number" 2000 "is replaced by" 4000 ".
2. in the Al. 2:
and in the text) before item 1 figure "1500" shall be replaced by "3000" and the number "5000" is replaced by "10 000";
b) in point 1 the words "end-of-life use fluorescent tubes and other mercury-containing lamps" are replaced by "hazardous waste from the municipal waste stream, other than those referred to in art. 16, al. 3, s. 11;
in point 3) is repealed;
(d) in point 6), after the words "motor oil" is added "on municipal property";
e) in point 7, the words "or when you do not provide at least one place on the 1000 residents" are replaced by "and batteries on municipal property in the territory of the municipality";
is so created) 8 and 9:
"8. determines the places of deployment containers for separate waste collection stations and sites for temporary storage of discarded electrical and electronic equipment on municipal property in the territory of the municipality;
9. don't arrange the construction of waste treatment facility within the time limits laid down in the national programme for the management of waste under art. 28, para. 1. "
3. in the Al. 3:
and in the text) before item 1 figure "3500" is replaced by "7000" and the number "10000" is replaced by "20 000";
(b)) is created point 7:
7. do not take timely measures to prevent the illegal shipment of waste, for the temporary immobilisation of the carriage or to eliminate other consequences of violations. "
4. in the Al. 4:
a) in paragraph 1 the figure "1400" is replaced by "2800" and the figure "is replaced by" 4000 "8000";
b) in paragraph 2 the figure "3000" is replaced by "6000" and the number "10000" is replaced by "20 000";
c) in item 3 number "7000" is replaced by "14,000" and "20000" is replaced by "40,000".
§ 98. Art is created. 116:
"Art. 116. The Mayor of a municipality who fails to take actions under art. 17 or fails to take the appropriate actions in due time for preparation, building, closure and sledeksploatacionni care of the site of the landfill and other municipal treatment facilities and/or construction waste is punishable by a fine of $ 20,000. "
§ 99. In art. 117 figure "1500" shall be replaced by "3000", the number "5000" is replaced by "10 000", the figure "3000" is replaced by "6000" and the number "10000" is replaced by "20 000".
§ 100. Art is created. 117 (a):
"Art. 117. Is not subject to any appeal against penalty decrees, which was fined up to $ 500. or penalty payment of up to $ 2,000. inclusive. "
§ 101. In art. 118 following amendments and supplements shall be made:
1. In paragraph 8. 1, after the words "art. 104A "insert" 104 (b) and 104 in "and place a comma after the words" art. 116 "a comma and add" 116. "
2. in the Al. 2 anywhere the word "authorized" is replaced by "empowered".
3. in the Al. 3 the word "authorized" is replaced by "authorised".
§ 102. Create art. 118a and 118b: ' art. 118. (1) the offences under art. 108 (a) shall be established by decision of the competent authority under art. 94 a, para. 2, and the penal provisions shall be issued by the Minister of environment and water or by officials authorised by him.
(2) the establishment of violations, the issue, the appeal and the implementation of the penal provisions shall be carried out in accordance with the law for the administrative offences and sanctions.
Art. 118 (b). (1) the offences under art. 107, para. 1.13-15 and are established by decision of the competent authority under art. 95, para. 1 and the penal provisions shall be issued by the Director of PUBLIC HEALTH or of the authorised by officials.
(2) the establishment of violations, the issue, the appeal and the implementation of the penal provisions shall be carried out in accordance with the law for the administrative offences and sanctions. "
§ 103. In art. 119 words and art. 109, para. 1 ' shall be deleted.
§ 104. In the additional provisions the following amendments and additions:
1. In paragraph 1:
a) in item 8, letter "n" after the words "D13"-code creates a second sentence: "in the absence of other appropriate D code this code may include pre-treatment before disposal, such as sorting, crushing, compacting, drying, pelletizing, cutting, conditioning or separating prior to submission to any of the operations numbered D1-D12.";
(b)) in item 17, letter "m" after the words "R12" – code creates a second sentence: "in the absence of other suitable R code this code may include pre-treatment before recovery, such as dismantling, dismantling, sorting, crushing, compacting, drying, pelletizing, cutting, conditioning, repackaging, separating, blending or reclassification prior to submission to any of the operations numbered R1-R11.";
in the 23) the words ' of the same kind for a three-year period "shall be deleted.
2. § 1a shall be inserted:
"§ 1 (a). This law introduces provisions to:
1. Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste.
2. Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC.
3. Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste.
4. Directive 1999/31/EC of 26 April 1999 on the landfill of waste.
5. Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (WEEE).
6. Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste.
7. Directive 2004/12/EC of the European Parliament and of the Council of 11 February 2004 amending Directive 94/62/EC on packaging and packaging waste.
8. Directive 2005/20/EC of the European Parliament and of the Council of 9 March 2005 amending Directive 94/62/EC on packaging and packaging waste.
9. Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of-life vehicles.
10. Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils.
11. Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT).
12. Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of use of certain hazardous substances in electrical and electronic equipment.
13. Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture.
14. Directive 91/689/EEC of 12 December 1991 on hazardous waste.
15. Council Directive 78/176/EEC of 20 February 1978 on waste from the titanium dioxide industry.
16. Council Directive 82/883/EEC of 3 December 1982 on procedures for the surveillance and monitoring of environments concerned by waste from the titanium dioxide industry.
17. Council Directive 92/112/EEC of 15 December 1992 on procedures for harmonizing the programmes for the reduction and eventual elimination of pollution caused by waste from the titanium dioxide industry. "
Transitional and final provisions
§ 105. (1) the requirements of art. 71A shall not apply to the regional or municipal landfills, for which as at 1 January 2011 the residual capacity of the landfill is less than 10 percent of the total capacity of the landfill, which has been in operation.
(2) the requirements of art. 71A shall not apply to landfills for which the specified deadline for the suspension of their operation before 1 January 2012.
§ 106. R12 R13 operations and do not count for the implementation of the objectives of the Ordinances under art. 24, para. 2.
§ 107. In other texts of the law the word "authorized" is replaced by "empowered".
§ 108. (1) the decision under art. 19 (b), para. 2 and 3 shall be taken within three months of the entry into force of this law.
(2) within three years of the entry into force of this law, the municipalities of the regions under art. 28, para. 4 where have created associations and concluded agreements on the outgoing line of art. 19A, create regional associations in accordance with the requirements of this Act. Incumbent regional associations and agreements are subject to termination in accordance with the provisions of the Bulgarian legislation, and economic and other relations arising in and on the occasion of their formation or conclusion shall be settled by agreement between the parties. If municipalities choose to retain incumbent associations and agreements, the provisions of art. 19 (b), para. 10.
(3) within the time limit referred to in paragraph 1. 2 the provision of art. 19 (b), para. 10 shall not apply to the regional associations and the agreements concluded in the previous line of art. 19A.
§ 109. (1) Started on the date of entry into force of this law the procedures for the granting of permission to collect and temporarily store the location of formation or for the transportation of hazardous waste shall be suspended ex officio by the competent authority, (a) the amount of the fee paid is non-refundable.
(2) permits issued for transportation of hazardous wastes retained its action until they expire, but not later than three years from the entry into force of this law.
§ 110. Organisations in the recovery of packaging waste, received permission until the entry into force of this law, shall bring their activities into line with the requirements of art. 62 (b) within three months of the entry into force of the law.
§ 111. Permits issued under art. 37 and registration documents under art. of the 52 organizations retain the recovery action for a period of six months from the entry into force of this law.
§ 112. In the spatial planning Act (promulgated, SG. 1 of 2001; amend., SG. 41 and 111 since 2001, 43/2002, no. 20, 65 and 107 since 2003, no. 36 and 65 since 2004, no. 28, 76, 77, 88, 94, 95, 103 and 105 by 2005, issue 29, 30, 34, 37, 65, 76 , 79, 80, 82, 106 and 108, 2006, issue. 41, 53 and 61 of 2007, PC. 33, 43, 54, 69, 98 and 102 by 2008, PCs. 6, 17, 19, 80, 92 and 93 from 2009 and PCs. 15 of 2010.) make the following additions:
1. In art. 137, para. 1, paragraph 2, point (d), after the words "waste treatment" there shall be added "and closure of landfills through surface sealing with superior insulating screen".
2. In art. 178, para. 3 item 5 is created:
5. "lacks a certain amount of deduction per unit of waste deposited in accordance with art. 71 a of the law on waste management. "
§ 113. In the commercial law (promulgated, SG. 48 of 1991; amend., no. 25 of 1992, no. 61 and 103 of 1993, 63/1994, no. 63 of 1995, no. 42, 59, 83, 86 and 104 of 1996, 58/100 and 124 of 1997, no. 39, 52 and 70 of 1998 No. 33 , 42, 64, 81, 90, 103 and 114 in 1999, St. 84. Since the year 2000, PCs. 28, 61 and 96 in 2002, PCs. 19, 31 and 58 from 2003, PCs. 31, 39, 42, 43, 66, 103 and 105 of 2005, St. 38, 59, 80 and 105, 2006, issue. 59, 92 and 104 from 2007, PCs. 50, 67, 70, 100 and 108 in 2008 and St. 12, 14, 47 and 82 from 2009.) in art. 614 Al is created. 7: "(7) into the bankruptcy estate shall not include amounts on bank account under art. 71A, al. 1 of the law on waste management. "
§ 114. Road Transport Act (promulgated, SG. 82 in 1999; amend., SG. 45 and 11 of 2002, 99/2003, no. 70 by 2004, no. 88, 92, 95, 102, 103 and 105 by 2005, issue 30, 85, 92 and 102 in 2006, issue 42, 80 and 109 from the 2007 No. 102 by 2008 and 93/2009) in art. 91, para. 3, item 8, after the words "dangerous goods" a comma and add "including transport of waste in the cases under art. 50, paragraph 3, point (d) of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste.
§ 115. In the Clean Air Act (promulgated, SG. 45 1996; Corr. 49/1996; amend., SG. 85 of 1997, no. 27 of 2000 102/2001, no. 91 of 2002, 112/2003 No. 95 2005 No. 99 and 102 in 2006, no. 86 of 2007. , PC. 36 and 52 by 2008 and PC. 6, 82 and 93 from 2009.) make the following additions:
1. Creates art. 31A:
"Art. 31. (1) a person who delivers the appropriate amounts of boiler fuel and fuel oil by more than 1 percent sulfur with fee paid under art. 31, is entitled to its recovery within 20 days of the filing of the documents certifying exports outside the Enterprise for management of environmental protection (EMEPA).
(2) the person referred to in paragraph 1. 1 shall certify the export with the following documents:
1. the invoice for purchased appropriate amounts of boiler fuel and fuel oil by more than 1 percent sulfur by prices including tax, in which the fee is specified separately;
2. export invoice;
3. customs export declaration or other document proving the export under the customs legislation of the Republic of Bulgaria;
4. a copy of the payment order for the payment of the fee to the account of EMEPA;
5. sample application in accordance with the annex.
(3) the establishment management environmental protection after the establishment of the merits of the claim shall reimburse the amount on account of the person referred to in para. 1. "
2. an annex to art. 31 (a), para. 2, item 5: "Annex to art. 31 (a), para. 2, item 5 To the enterprise for management of activities
on the protection of the environment
under art. 60 of EPA APPLICATIONS
for the recovery of the paid fee for boiler fuel and fuel oil by over 1 percent sulphur
A. name and address of the person: ... ... ... ... ... ... ....
Tax number: ... ... ... ... ... ... ... ... ... ... ... ...
BULSTAT: ... ... ... ... ... ... ... ... ... ... ... ... ... ....
(B) type and quantity of the exported fuels:
№
by line
Type of fuel
Quantity (tonnes)
A single fee
Amount (in EUR)
Total: the undersigned ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
I declare that I represent the person referred to in paragraph (a), and that the information in this form is true and correct. I am aware that I am responsible for incorrect data under art. 313 of the Penal Code. As proof of the statements in the letter "b" apply the following documents within the meaning of art. 31 (a), para. 2 of the Clean Air Act:
1. .…………………………………………………………………………
2. .…………………………………………………………………………
3. .…………………………………………………………………………
4. .…………………………………………………………………………
Date:. .………………………………………………………………………
Position: ... ... ... ... ... ... ... ... ... ... ... ... ... ...
Signature and stamp: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
To be completed by EMEPA
1. the Amount subject to recovery: ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
2. Check the accuracy of the data provided by the person referred to in (a)...............................................................................................................................
(name and surname, position)
Дата: ……………………………………………………………………………………………………………….….
Note. Forms completed by hand, are not considered. The values are shown in dollars.
§ 116. In the Health Act (promulgated, SG. 70 by 2004; amend., SG. 46, 76, 85, 88, 94 and 103 by 2005, issue 18, 30, 34, 59, 71, 75, 81, 95 and 102 in 2006, issue 31, 41, 46, 59, 82 and 95 (2007), no. 13, 102 and 110 since 2008 and no. 36, 41, 74 , 82, 93, 99 and 101 of 2009.) in § 1, item 11) (the "k" of the additional provision, after the word "waste" is added "of healing and health care facilities.
§ 117. The provisions of § 50 (with the exception of article 71e), § 105 and § 112, paragraph 2 shall apply from 1 January 2011.
The law was passed by the National Assembly 41-Otto on May 19, 2010, and is stamped with the official seal of the National Assembly.
President of the National Assembly Tsetska Tsacheva:
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