Chapter One
GENERAL DISPOSITIONS

Section I
Applicability and Scope
Article 1
This Act shall regulate the social relations with regard to:
1. protection of the environment for the present and future generations and protection of human health;
2. conservation of biological diversity in conformity with the natural bio geographic characteristics of Bulgaria;
3. the conservation and use of environmental media;
4. the control and management of factors damaging the environment;
5. the exercise of control over the state of the environment and over the sources of pollution;
6. the prevention and limitation of pollution;
7. the establishment and management of the National Environmental Monitoring System;
8. environmental strategies, programmes and plans;
9. collection of, and access to, environmental information;
10. the economic organization of environmental protection activities;
11. the rights and the obligations of the State, the municipalities, the juristic and natural persons in respect of environmental protection.
Article 2
The purposes of this Act shall be achieved by means of:
1. regulation of the regimes of conservation and use of environmental media;
2. control over the status and use of environmental media and of the sources of pollution and damage;
3. establishment of permissible emission levels and of environmental quality standards;
4. management of the environmental media and of environmental factors;
5. environmental impact assessment (EIA);
6. issuance of integrated permits for pollution prevention, reduction and control;
7. designation and management of areas placed under a special regime of protection;
8. development of the monitoring system for environmental media;
9. introduction of economic regulators and financial mechanisms for environmental governance;
10. regulation of the rights and obligations of the State, the municipalities, the juristic and natural persons.
Article 3
Environmental protection shall be based on the following principles:
1. sustainable development;
2. prevention and reduction of risk to human health;
3. priority of pollution prevention over subsequent elimination of pollution damage;
4. public participation in and transparency of the decision making process regarding environmental protection;
5. public awareness regarding the state of the environment;
6. polluter pays for damage caused to the environment;
7. conservation, development and protection of ecosystems and the biological diversity inherent therein;
8. restoration and improvement of environmental quality in polluted and disturbed areas;
9. prevention of pollution and damage and of other adverse impacts on clean areas;
10. integration of environmental protection policy into the sectoral and regional economic and social development policies;
11. access to justice in environmental matters.
Article 4
The environmental media shall comprehend: ambient air, atmosphere, water, soil, bowels of the earth, landscape, natural sites, mineral diversity, biological diversity and the components therein.
Article 5
The factors of environmental pollution or environmental damage can be: natural and anthropogenic substances and processes; different types of waste and the locations therein; hazardous energy sources: noise, vibrations, radiation, as well as certain genetically modified organisms.
Article 6
The environmental media and the factors affecting the said media shall be managed, conserved and controlled according to a procedure established by this Act and by the special laws regulating the environmental media and factors.
Article 7
The requirements contained agreements and treaties to which the Republic of Bulgaria is party shall apply to transboundary pollution.

Section II
National Environmental Protection Policy and Environmental
Management Authorities
Article 8
The national environmental protection policy shall be implemented by the Minister of Environment and Water.
Article 9
The national environmental protection policy shall be integrated into sectoral policies: transport, energy, construction, agriculture, tourism, industry, education etc., and shall be implemented by the competent executive authorities.
Article 10
(1) Within the meaning of this Act, competent authorities shall be:
1. the Minister of Environment and Water;
2. the Executive Director of the Executive Environment Agency;
3. the Regional Inspectorate of Environment and Water (RIEW) directors;
4. the Basin Directorate directors;
5. the National Park Directorate directors;
6. the municipality mayors and, in the cities subdivided into wards, the ward mayors as well;
7. the regional governors.
(2) The following shall be competent to undertake the actions and activities provided for in this Act:
1. within the territory of any municipality: the RIEW Director or the Municipality Mayor and, in the cities subdivided into wards, the Ward Mayor;
2. within the territory of any administrative region: the Regional Governor or the RIEW Director;
3. within the territory of several municipalities covered by a single RIEW: the Director of the competent Inspectorate;
4. within the territory of several municipalities covered by different RIEWs: the Minister of Environment and Water.
Article 11
(1) (Previous Article 11, SG No. 65/2006) The Minister of Environment and Water shall perform the following functions:
1. together with the authorities referred to in Article 9 herein, develop the environmental protection policy and strategy in the Republic of Bulgaria;
2. direct the National Environmental Monitoring System through the Executive Environment Agency;
3. control the state of the environment in Bulgaria;
4. coordinate the controlling powers of other executive authorities in respect of the environment;
5. issue orders, permits, instructions and endorse methodologies;
6. jointly with the executive authorities concerned:
a) establish emission limit values by type of pollutant and issue standards of maximum permissible concentrations of noxious substances by element of the environment and by area;
b) endorse EIA methods;
c) issue standards on efficient utilization of renewable and non- renewable natural resources;
d) ensure the collection and provision of information on the state of the environment;
7. perform other activities associated with environmental protection and management in conformity with the special laws;
8. prepare an Annual Report on the State of the Environment.
9. (new, SG No. 65/2006, effective as from the date of entry into force of the Treaty concerning the Accession of the Republic of Bulgaria to the European Union) prepare and submit to the European Commission reports on the implementation of statutory instruments of the Acquis Communautaire in the field of Environment.
(2) (New, SG No. 65/2006) The procedure and requirements for reporting on statutory instruments implementation to the European Commission under paragraph 1, item 9 shall be regulated with an ordinance adopted by the Council of Ministers.
Article 12
(1) There shall be established with the Minister of Environment and Water:
1. a Supreme Environmental Expert Council;
2. advisory councils on the policy of management of environmental media.
(2) (Supplemented, SG No. 77/2005) Environmental expert councils shall be established with the Regional Inspectorates of Environment and Water and the Executive Environment Agency.
(3) The functions, the tasks and the complement of the councils referred in Paragraphs (1) and (2) shall be established by Rules issued by the Minister of Environment and Water.
Article 13
(1) The Executive Environment Agency with the Minister of Environment and Water shall direct the National Environmental Monitoring System.
(2) The Executive Environment Agency shall be a juristic person.
(3) The Executive Environment Agency shall be managed and represented by an Executive Director.
(4) The operation, the structure, the organization of work and the staffing of the Executive Environment Agency shall be determined by Rules of Organization adopted by the Council of Ministers.
Article 14
(1) The Regional Inspectorates of Environment and Water, the National Park Directorates and the Basin Directorates shall ensure the conduct of the national environmental protection policy at the regional level.
(2) The bodies referred to in Paragraph (1) shall be juristic persons with the Minister of Environment and Water and shall be represented by the relevant directors or persons authorized thereby.
(3) The heads of the bodies referred to in Paragraph (1) shall be secondary grantees of budgetary obligation authority under the Minister of Environment and Water.
(4) (Supplemented, SG No. 77/2005) The RIEW directors, the national park directors and the basin directorate directors shall draw up warning statements and memorandums of ascertainment, shall issue prescriptions, orders on application of coercive administrative measures and penalty decrees.
(5) The number, the territorial scope of activity, the functions and the structure of the RIEWs, the powers of the directors therein, as well as the activity of the National Park Directorates and of the Basin Directorates shall be determined with Rules issued by the Minister of Environment and Water.
Article 15
(1) The Municipality Mayors shall perform the following functions:
1. inform the community about the state of the environment according to the requirements of this Act;
2. together with the other authorities, elaborate and control plans for elimination of the effects of accidents and burst pollution within the territory of the municipality;
3. organize waste management within the territory of the municipality;
4. oversee the construction, maintenance and proper operation of waste water treatment plants in the urbanized areas;
5. organize and oversee the cleanness, maintenance, conservation and expansion of the settlement green structures within the nucleated settlements and in the country areas, as well as the conservation of biological diversity, of the landscape and of the natural and cultural heritage therein;
6. designate and make public the persons responsible for maintenance of the cleanness of streets, sidewalks and other areas for public use within the nucleated settlements, and oversee the performance of the duties of the said persons;
7. organize the operation of eco-inspectorates, including such functioning on a pro bono basis, established by resolution of the competent Municipal Council, which are empowered to draw up written statements ascertaining administrative violations;
8. designate the officials empowered to draw up written statements ascertaining administrative violations under this Act;
9. exercise the powers vested therein under the special laws regulating the environment;
10. designate the persons in the municipal administration possessing the requisite occupational skills to carry out the activities comprehended in environmental management.
(2) The municipality mayors may delegate the performance of the functions covered under Paragraph (1) to the ward mayors and the mayoralty mayors.
Article 16
The Regional Governors shall perform the following functions:
1. ensure the conduct of the national environmental protection policy within the territory of the administrative region;
2. coordinate the work of the executive authorities and the administrations therein within the territory of the administrative region in respect of the conduct of the national environmental protection policy;
3. coordinate the activities comprehended in the conduct of the environmental protection policy among the different municipalities within the territory of the administrative region;
4. issue penalty decrees acting on written statements drawn up according to the procedure established by Item 8 of Article 15 (1) herein.

Chapter Two
INFORMATION RELATING TO THE ENVIRONMENT
Article 17
Anyone shall have the right of access to available information relating to the environment without having to prove a specific interest.
Article 18
The information relating to the environment shall be:
1. available primary information;
2. available pre-processed information;
3. expressly processed information.
Article 19
"Information relating to the environment" shall mean any information in written, visual, aural, electronic or other physical form regarding:
1. the state of the environmental media covered under Article 4 herein and the interaction there between;
2. (supplemented, SG No. 77/2005) the factors covered under Article 5 herein, as well as the activities and/or measures, including administrative measures, international agreements, policies, legislation, including reports on application of environmental legislation, plans and programmes affecting or capable of affecting the environmental media;
3. the state of human health and safety, inasmuch as they are or may be affected by the state of the environmental media or, through the said media, by the factors, activities or measures referred to in Item 2;
4. cultural and historical heritage sites, buildings and installations, inasmuch as they are or may be affected by the state of the environmental media or, through the said media, by the factors, activities or measures referred to in Item 2;
5. costs-benefit analysis and other economic analyses and assumptions used within the framework of the measures and activities referred to in Item 2;
6. emissions, discharges and other harmful impacts on the environment.
Article 20
(1) Access to information relating to the environment may be denied where the request is for:
1. classified information constituting a state secret or an official secret;
2. information constituting an industrial or commercial secret, designated as such by law;
3. intellectual property;
4. information constituting personal data, where the natural person concerned has not consented to the disclosure of the said information, and according to the requirements provided for in the Protection of Personal Data Act;
5. information which would adversely affect the interests of a third party which has supplied the information requested without that party being under or capable of being under a legal obligation to do so, and where that party does not consent to the release of the material;
6. information that will adversely affect the environmental media.
(2) Information relating to the environment shall be provided within fourteen days after the date on which the applicant was notified about the decision of the competent authority to provide access to the information requested.
(3) The persons who or which report information relating to the environment to the competent authorities shall be obliged to mark the information subject to any of the restrictions on provision covered under Paragraph (1) .
(4) Upon making a decision to refuse provision of any information covered under Paragraph (1), the competent authority shall take into account the public interest served by disclosure of any such information.
(5) In the cases of restricted access, the available information relating to the environment shall be provided in the part therein as can possibly be separated out from the information covered under Paragraph (1).
(6) The restriction of the right of access to information shall not apply to any information relating to emissions of noxious substances into the environment expressed as limit values established by legislative acts.
Article 21
(1) Competent authorities under this Chapter shall be the central and local executive authorities that collect and hold information relating to the environment.
(2) Competent authorities within the meaning of Paragraph (1) shall furthermore be the other bodies and organizations that dispose of resources of the consolidated national budget and that collect and hold information relating to the environment, with the exception of the legislative and judicial authorities.
(3) (New, SG No. 77/2005) Any natural or legal person, who or which provides public services relating to the environment and who or which carries out this activity under the control of the authorities and organizations covered under Paragraphs (1) and (2), shall likewise be obligated to provide information relating to the environment according to the procedure established by this Chapter.
Article 22
(1) (Amended, SG No. 77/2005) Annually, the Council of Ministers shall lay before the National Assembly a report on the state of the environment, proposed by the Minister of Environment and Water who, after adoption of the said report, shall publish the said report as a National Report on the State and Protection of the Environment.
(2) The Report referred to in Paragraph (1) shall be laid before the National Assembly not later than three months after the National Statistical Institute provides the requisite information and data.
(3) (New, SG No. 77/2005) Annually, not later than the 30th day of April, each Regional Inspectorate of Environment and Water shall prepare a regional report on the state of the environment within the territory covered by the said inspectorate during the last preceding year. The content and scope of the regional report shall be determined by directions of the Minister of Environment and Water.
Article 23
(1) (Amended, SG No. 102/2006) In the event of accidental or other pollution, where the limit values for pollutants discharge in the environment as established by a statutory instrument or an individual administrative act are exceeded, the polluters, as well as the persons responsible for observance of the limit values shall be obligated to notify immediately the competent regional governors, mayors of the municipalities concerned, the relevant RIEWs, the basin directorates, and the authorities of the Ministry of State Policy for Disasters and Accidents and, in case of change of the radiation level, the Nuclear Regulatory Agency as well.
(2) The competent authorities covered under Paragraph (1) shall be obliged to notify immediately the Ministry of Health and the affected community about the occurrence of pollution in excess of the emission limit values, suggesting measures for protection of human health and of property.
Article 24
On an annual basis, each head of an administrative structure in the system of the executive branch of government shall publish data for the arrays and resources of processed environmental information referred to in Item 2 of Article 18 herein.
Article 25
(1) The Minister of Environment and Water shall issue an order determining the description of the information arrays and resources referred to in Item 3 of Article 15 (1) of the Access to Public Information Act, where the said arrays and resources contain any information covered under Article 19 herein.
(2) The order referred to in Paragraph (1) shall be promulgated in the State Gazette.
(3) The description of the information arrays referred to in Paragraph (1) and in Article 24 herein shall be published on the Internet site of the Ministry of Environment and Water.
Article 25a
(New, SG No. 77/2005)
(1) The competent authorities and persons covered under Article 21 herein shall develop an Internet site and shall maintain there through an environmental information data base, which shall be accessible to the general public at no charge.
(2) The data base referred to in Paragraph (1) shall contain, as a minimum, the following information:
1. texts of international treaties, conventions or agreements and legislation relating to the environment;
2. strategies, plans and programmes relating to the environment;
3. reports on the progress or application of the instruments and documents covered under Items 1 and 2, should any such reports have been prepared or maintained in an electronic form;
4. the National Report and the regional reports on the state of the environment, as well as other reports on the state of the environment provided for in the law or in a statutory instrument of secondary legislation;
5. data or consolidated data derived from the monitoring of activities which have or are likely to have an environmental impact
6. public registers according to the procedure established by this Act or by other special environmental laws.
(3) The information covered under Paragraph (2) shall be updated periodically.
Article 26
(1) The procedure established by Chapter Three of the Access to Public Information Act ("Procedure for Granting Access to Public Information") shall apply to the provision of access to information relating to the environment.
(2) Any decision to grant access to information under Article 34 (1) of the Access to Public Information Act shall specify whether expressly processed information or another type of information is provided.
Article 27
(Amended, SG No. 30/2006)
Any refusal to provide information as a party shall need to prepare the case for the defence therein in any proceeding provided for in this Act or in another law shall be appealable according to the procedure established by the Administrative Procedure Code.
Article 28
A charge for supplying any information referred to in Items 1 and 2 of Article 18 herein shall be made under the terms and according to the procedure established by Articles 20 to 22 of the Access to Public Information Act.
Article 29
The charge made for provision of expressly processed information shall be negotiated in each particular case.
Article 30
(1) (Supplemented, SG No. 77/2005, previous Article 30, SG No. 65/2006) The competent authorities shall provide, at no charge, available primary and pre-processed information relating to the environment, to one another as well as to the municipalities where the recipients need any such information to make decisions within the competence thereof, and for preparation of the reports referred to in Article 22, and Article 11, paragraph 1, item 9 herein.
(2) (New, SG No. 65/2006) Natural and legal persons shall provide the competent executive authorities with the information necessary to prepare and submit reports to the European Commission in compliance with a procedure stipulated in the ordinance under article 11, paragraph 2 unless a different procedure is stipulated in another statutory instrument.
Article 31
In the broadcasts therein, the national public-service radio and television operators shall:
1. disseminate information relating to environmental protection and management;
2. ensure protection of the right to information on the state of the environment;
3. popularize knowledge and scientific and technological advances in the field of environmental protection by means of transmission of Bulgarian and foreign educational programmes.

Chapter Three
CONSERVATION AND USE OF ENVIRONMENTAL MEDIA
AND WASTE MANAGEMENT

Section I
General Conditions
Article 32
Not-for-profit use of environmental media to meet own requirements shall be gratuitous save in the cases specified in this Act and in the special laws regulating the environment.
Article 33
For-profit use of natural resources as regulated by law shall be onerous.
Article 34
Any persons carrying on activities referred to in Articles 32 and 33 herein shall be obliged to protect and rehabilitate the environment.
Section II
Conservation and Use of Water and Water Bodies
Article 35
(1) The conservation and use of water and water bodies shall be based on a long-term national policy.
(2) The long-term policy of conservation and use of water and water bodies shall be based on efficient water management at both national and basin level with the main purpose of achieving a good state of all ground and surface waters, and of ensuring the quantity and quality of water necessary for:
1. the needs of drinking and household water supply of the present and future generations;
2. a favourable conservation status and development of ecosystems and wetlands;
3. economic and social activities.
Article 36
(1) (Amended, SG No. 65/2006) The use of water and water bodies shall comprehend water intake and use of water bodies.
(2) The use of water and water bodies shall be carried out:
1. without permit;
2. by permit;
3. by the award of a concession.
(3) Where the right to use water and water bodies is granted under various regimes to the same holder, the stricter regime shall apply.
(4) (Amended, SG No. 65/2006) Both water intake and use of water bodies shall mandatorily require ensuring the minimum allowable runoff in rivers.
Article 37
The conservation of water and water bodies shall ensure:
1. the balance between abstraction and natural recharge of water;
2. preservation and improvement of the quality of both surface and ground waters.
Article 38
(Amended, SG No. 77/2005)
The conservation and use of water and water bodies shall follow the terms and the procedure established by this Act and by special laws.

Section III
Soil Protection, Sustainable Use and Restoration
(Title amended, SG No. 89/2007)
Article 39
(Amended, SG No. 77/2005)
(1) Soil conservation, sustainable use and recovery shall guarantee effective protection of human health and of the soil functions, considering that soil is a scarce, irreplaceable and practically irrecoverable natural resource.
(2) Soil conservation, sustainable use and recovery shall target:
1. (amended, SG No. 89/2007 ) prevention of soil degradation;
2. sustained preservation of the multi-functional capacity of soil;
3. ensuring effective protection of human health;
4. preservation of soil qualities as an environment for normal development of soil organisms, plants and animals;
5. exercise of preventive control for prevention of adverse modifications of soil and application of good land-use practices;
6. (amended, SG No. 89/2007) elimination and/or mitigation of harmful modifications of soil quality caused by soil-degrading processes, according to the requirements of the types of land use.
Article 40
(Amended, SG No. 77/2005)
Any legal and natural persons, who or which own and/or use land properties, shall be obligated not to cause any harmful soil modifications in their own and in the neighbouring land properties.
Article 40a
(New, SG No. 77/2005)
The limit values for the permissible content of noxious substances in the soil shall be determined by an ordinance of the Minister of Environment and Water, the Minister of Health and the Minister of Agriculture and Forestry.
Article 41
The owners and users of land properties shall be obliged to take measures for the prevention of any harmful modification endangering the soil.
Article 42
(1) (Amended, SG No. 77/2005) Any person, who or which causes any harmful soil modification, shall be obligated to restore, at their own expense, the soil to the state preceding the damage as detected.
(2) The owners and users of underground and overhead physical infrastructure networks and installations shall be obliged to maintain the said networks and facilities in serviceable condition and not to suffer contamination or other harmful modification of the surrounding soil.
Article 43
(1) The humus layer of the soil shall be placed under special protection.
(2) Prior to commencement of construction or prospecting, exploration and extraction of subsoil resources, the humus layer of the soil shall be removed, deposited and utilized as intended under terms and according to a procedure established by a regulation issued by the Minister of Agriculture and Forestry, the Minister of Environment and Water, and the Minister of Regional Development and Public Works.
(3) The activities covered under Paragraph (2) shall be carried out without contamination of or damage to the soil in the neighbouring land properties.
(4) After finishing the activities covered under Paragraph (2), the project initiator shall be obliged to reclaim the disturbed ground.
Article 44
The owners and operators of waste landfills, including tailings ponds, slime ponds etc., as well as of installations for storage of waste and/or dangerous chemical substances, preparations and products, shall organize and operate the said installations in a manner precluding contamination of, and damage to, the soil and other environmental media.
Article 44a
(New, SG No. 77/2005)
The inventorying and study of areas with contaminated soil, the required rehabilitation measures, as well as the maintenance of the rehabilitation action taken, shall be implemented according to an ordinance adopted by the Council of Ministers.
Article 44b
(New, SG No. 77/2005)
The conservation, sustainable use and recovery of soil functions shall follow the terms and the procedure established by this Act and by a special law.

Section IV
Conservation and Use of the Bowels of the Earth
Article 45
Conservation of the bowels of the Earth shall be an essential obligation of all who carry out activities comprehending the prospecting and use of the said environmental medium.
Article 46
Conservation of the bowels of the Earth shall be ensured by means of:
1. protection and efficient utilization of subsoil resources and of ground water;
2. environmentally sound waste management and waste recovery;
3. (repealed, SG No. 77/2005);
4. restoration and/or reclamation of grounds disturbed upon exploration and exploitation;
5. effective protection against natural disasters, accidents and other destructive processes caused by human activity.
Article 47
The bowels of the Earth shall be used for:
1. prospecting, exploration and extraction of subsoil resources;
2. exploration and extraction of ground water and geothermal energy;
3. industrial engineering and public works, construction of sites related to national defence; storage of waste; economic, tourist activities, scientific research and other activities.
Article 48
(Amended, SG No. 77/2005)
Conservation and use of the bowels of the Earth upon prospecting, exploration and extraction of subsurface resources shall follow a procedure established by this Act and by the Subsurface Resources Act.
Article 49
Conservation of the bowels of the Earth upon the exploration and use of ground water shall follow the procedure established by the Water Act.
Article 50
(Amended, SG No. 77/2005)
Conservation of the bowels of the Earth upon use thereof for other purposes shall follow the terms and the procedure established by this Act and by special laws.

Section V
Conservation and Use of Biological Diversity
Article 51
(1) The species, the natural habitats of species with the biological diversity inherent therein shall be subject to conservation and protection.
(2) Conservation of the diversity of natural habitats and of species of wild flora and fauna shall follow the terms and a procedure established by a special law.
(3) (New, SG No. 77/2005) The natural landscape shall be conserved and used in a manner and by means precluding a harmful impact, irreversible modifications and/or damage of the elements thereof.
Article 52
Wild plant and animal species shall be used in a manner and by means guaranteeing the sustainable development of the populations therein in the natural surroundings therein.
Article 53
(1) Long-term and annual plans and programmes shall be elaborated for conservation and use of forests, game, fish, herbs, mushrooms and other renewable wildlife resources.
(2) The plans and programmes referred to in Paragraph (1) shall be prepared under terms and according to a procedure established by the relevant special laws.
Article 54
Fees shall be charged for use of forests, game, fish, herbs, mushrooms and other renewable biological resources from of state owned and municipal-owned land tracts and aquatic areas according to the relevant special laws.

Section VI
Ambient Air Quality Protection
Article 55
Ambient air quality protection shall ensure:
1. protection of human health, of living organisms, of natural and cultural assets against harmful impacts and prevention of the occurrence of risks and damage to society from modified atmospheric air quality, ozone layer depletion and climate change resulting from various human activities;
2. preservation of ambient air quality in areas where it is not degraded, and improvement of the said quality in the remaining areas.
Article 56
Ambient air quality protection shall be based on the principles of sustainable development and shall be pursued under the terms and according to the procedure established by Chapter Seven herein and by the Clean Ambient Air Act.

Section VII
Waste Management
Article 57
Waste management shall be implemented for the purpose of prevention, mitigation or limitation of the harmful impact of waste on human health and on the environment and shall be ensured by means of:
1. prevention or mitigation of the generation of waste and the degree of the hazard therein and, particularly, by means of:
a) development and implementation of technologies ensuring efficient utilization of natural resources;
b) technical development and placing on the market of products designed in such a manner so as the manufacture, use and safe disposal therein have no, or have the least possible, contribution to an increase of the quantity or hazard of waste and the risks of pollution therewith;
c) development of appropriate techniques for final safe disposal of dangerous substances contained in waste designed for recovery, recycling or treatment;
2. waste recovery by means of recycling, reuse or regeneration or by another processes of retrieval of recyclable resources or of use of waste as an energy source;
3. safe storage of waste irrecoverable at the present stage of development.
Article 58
The persons wherein the activities involve generation and/or treatment of waste shall be obliged to ensure the recycling and safe disposal of the said waste in a manner that does not present a hazard to human health and to employ methods and modern technologies which:
1. do not lead to damage or risk to the environmental media;
2. do not cause additional environmental load associated to noise, vibrations and odour.
Article 59
Waste management shall follow the terms and the procedure established by this Act and by the Waste Management Act.

Section VIII
Protection of the Environment Against Asbestos Pollution

(New, SG No. 70/2004)
Article 59a
(1) The Minister of the Environment and Water, in consultation with the Minister of Health, shall issue regulations to establish:
1. the requirements and measures to prevent and reduce the asbestos pollution of air and water;
2. the methods and procedures for defining asbestos in dust emissions;
3. the methods and procedures for defining the concentration of undissolved substances in asbestos-containing waste waters;
4. the ceases, where exceptions to the requirements and measures under subpara 1 may be allowed.
(2) The Minister of the Environment and Water may authorise the use of methods and procedures other than those under para 1 provided that they yield equivalent data and results.

Chapter Four
ECONOMIC ORGANIZATION OF ENVIRONMENTAL
PROTECTION ACTIVITIES

Article 60
(Effective 1.01.2003)
(1) There shall be established an Enterprise for Management of Environmental Protection Activities, hereinafter referred to as "the Enterprise", to enjoy the status of a state-owned enterprise within the meaning of Article 62 (3) of the Commerce Act.
(2) The Enterprise shall be a juristic person with a registered office in Sofia.
(3) The Enterprise shall not be a commercial corporation and shall not form and distribute any profit.
Article 61
(Effective 1.01.2003)
(1) The core activity of the Enterprise shall be the implementation of environmental projects and activities in pursuance of environmental strategies and programmes at national and municipal level.
(2) The Enterprise shall carry out other activities as well to ensure or complement the core activity.
(3) For implementation of the activity of the Enterprise, assets constituting public and private state property may be allocated for use and management by a decision of the Council of Ministers.
(4) The Enterprise shall have no right to conclude loan contracts with commercial banks or other financial institutions, unless the Council of Ministers has made an express decision to this effect.
(5) The activities of the Enterprise in fulfilment of the tasks associated with the core activity shall be financed through:
1. charges provided for in the special laws regulating the environment;
2. action resources allocated from the national budget for environmental programmes, where the competent authorities have made a decision to this effect;
3. donations by resident and non-resident natural and juristic persons;
4. income accruing from interest on deposits;
5. (supplemented, SG No. 77/2005, SG No. 89/2007) fines or pecuniary penalties for administrative violations under this Act, the Water Act, the Soils Act, the Waste Management Act, the Medicinal Plants Act , the Protected Areas Act , the Clean Ambient Air Act , the Subsurface Resources Act , the Biological Diversity Act and the Protection against the Harmful Impact of Chemical Substances, Preparations and Products Act , imposed by the Minister of Environment and Water or by officials authorized thereby;
6. income accruing from portfolio investments of short-term government securities and bonds;
7. income accruing from environmental protection services and activities;
8. other proceeds determined by a legislative act.
(6) The organization and the operation of the Enterprise shall be regulated by Rules adopted by the Council of Ministers.
Article 62
(Effective 1.01.2003)
(1) Annually, on or before the 30th day of October, the Enterprise shall lay a plan for the activities thereof during the next succeeding calendar year before the Ministry of Environment and Water.
(2) The plan referred to in Paragraph (1) shall include the activities covered under Article 61 herein and, at a minimum, shall contain the following elements:
1. objectives and expected results;
2. activities to be conducted for achievement of the results, including an investment plan of the Enterprise;
3. plan for management of the resources referred to in Article 61 (5) herein, elaborated on the basis of expected operating expenses and income of the Enterprise.
(3) On or before the 28th day of February 28th in any current year, the Enterprise shall lay an annual report on the activities during last preceding calendar year before the Ministry of Environment and Water.
(4) The Minister of Environment and Water shall approve the plan for the activities of the Enterprise referred to in Paragraph (1) and the annual report referred to in Paragraph (3).
(5) The resources for the administrative costs of the Enterprise shall be approved by the Minister of Environment and Water simultaneously with the plan referred to in Paragraph (1).
(6) (New, SG No. 105/2005) The company shall keep accounts on cash and accruals basis in compliance with the procedures for budgetary organisations.
(7) (New, SG No. 105/2005, amended, SG No. 105/2006) The reporting data concerning the assets, liabilities, income and expenditures of the company shall be consolidated in line with the procedures set out in Article 33, Paragraph (6) of the Accountancy Act .
(8) (New, SG No. 105/2005) The cash of the company, including the amounts for VAT, shall be collected, kept in, spent from and accounted for under a separate bank accruals account in the Bulgarian National Bank in compliance with the procedures defined by the Minister of Finance and the Governor of the Bulgarian National Bank.
Article 63
(Effective 1.01.2003)
(1) The Enterprise shall be managed by a Management Board.
(2) The Enterprise shall be represented by an Executive Director.
(3) The Management Board shall consist of seven members, including a Chairperson.
(4) The following shall be the members of the Management Board:
1. Chairperson: the Minister of Environment and Water;
2. a representative of the Ministry of Environment and Water;
3. the Executive Director of the Executive Environment Agency;
4. a representative of the Ministry of Finance;
5. a representative of the National Association of Municipalities in the Republic of Bulgaria;
6. a representative of the business community, nominated by the not-for-profit legal entities designated for pursuit of public benefit activities whereof the charter or deed of incorporation includes activities associated with environmental protection.
7. the Executive Director referred to in Paragraph (2).
(5) The members of the Management Board and the Executive Director shall be appointed by the Minister of Environment and Water.
Article 64
(Effective 1.01.2003)
(1) (corrected, SG No. 96/2002) The resources accruing from:
1. twenty per cent of the sanctions referred to in Article 69 herein;
2. fees charged by the Ministry of Environment and Water under Article 71 herein;
3. charges for provision of environmental information by the Ministry of Environment and Water, shall be expended in accordance with the Uniform Budget Classification on maintenance and improvement of equipment and facilities, training, continuing education and incentives in the Ministry of Environment and Water under terms and according to a procedure established by a regulation of the Minister of Environment and Water.
(2) The resources for payment of incentives referred to in Paragraph (1), exclusive of the social insurance contributions due, may not exceed 25 per cent of the annual amount of the total wage bill budgeted by the Ministry of Environment and Water for the respective year.
Article 65
(1) Eighty per cent of the proceeds from sanctions imposed for environmental pollution or damage exceeding the permissible levels, referred to in Article 69 herein, shall be credited in revenue to the budget of the municipality where the penalized establishment is located.
(2) The proceeds from any fines and pecuniary penalties imposed under this Act by the municipality mayors shall be credited in revenue to the budget of the respective municipality.
(3) The proceeds referred to in Paragraphs (1) and (2), as well as the proceeds from fines imposed for violation of the regulations adopted by the Municipal Councils in connection with environmental protection, shall be expended on environmental projects and activities according to priorities specified in the municipal environmental programmes.
Article 66
(1) The National Trust EcoFund (NTEF) shall be a juristic person with registered office in Sofia for management of financial resources accruing from "debt-for-environment" and "debt-for nature" swaps and provided by governments, international financial institutions and other donors for environmental protection in the Republic of Bulgaria.
(2) The National Trust EcoFund shall have the following bodies:
1. Management Board;
2. Advisory Council;
3. Executive Bureau.
(3) The Management Board shall consist of seven members, including a Chairperson, two Deputy Chairperson and four members.
(4) The Advisory Council shall consist of representatives of the governments and financial and other institutions which have provided financial resources or which render assistance to the National Trust EcoFund.
(5) The Management Board and the Advisory Council shall adopt their own Rules of Procedure.
(6) The Executive Bureau shall organize the operation of the National Trust EcoFund.
Article 67
The manner of management, the organization and the operation of the National Trust EcoFund, as well as the procedure and manner for the raising, expending and controlling of the resources in the National Trust EcoFund shall be determined by a regulation of the Council of Ministers after a consultation procedure with the donors.
Article 68
(1) The revenue of the National Trust EcoFund shall be sourced in:
1. action resources allocated by the national budget, including resources in connection with "debt-for-environment" and "debt for-nature" swap agreements;
2. grants from international financial institutions, governments, international funds and non-resident juristic persons, provided for environmental programmes and projects;
3. donations from international foundations and foreign citizens to assist the national environmental policy;
4. principal repayments and interest payment on loans extended through the Fund;
5. interest on resources of the National Trust EcoFund deposited with the servicing bank;
6. income accruing from portfolio investments of short-term government securities and bonds;
7. other external revenues consistent with the nature of the activities of the National Trust EcoFund.
(2) The resources accruing to the National Trust EcoFund shall be expended on environmental projects and activities in accordance with the terms set by the donors and with the priorities of the national environmental strategies and programmes.
Article 69
(Amended, SG No. 77/2005)
(1) In the event of environmental damage or pollution in excess of the permissible levels and/or in case of non-compliance with the emission standards and emission limit values as set in the permits or in the integrated permits, sanctions shall be imposed on the offending sole traders and legal persons.
(2) The sanctions referred to in Paragraph (1) shall be imposed by a penalty decree issued by the Minister of Environment and Water or by officials authorized thereby.
(3) A penalty decree, referred to in Paragraph (2), shall determine the type and amount of the sanction.
(4) Any penalty decree referred to in Paragraph (2) shall be appealable according to the procedure established by the Administrative Violations and Sanctions Act.
(5) The sanctions referred to in Paragraph (1) shall be lump-sump or continuous.
(6) The amount of a sanction referred to in Paragraph (1) shall be fixed according to the procedure established by the ordinance referred to in Paragraph (8).
(7) A sanction referred to in Paragraph (1) shall be imposed as from the date of conduct of inspection by the control authorities of the Ministry of Environment and Water.
(8) The type, amount and procedure for imposition of sanctions for environmental damage or pollution in excess of the permissible levels and/or in case of non-compliance with the emission standards and emission limit values as set in the permits or in the integrated permits shall be established by an ordinance of the Council of Ministers.
Article 69a
(New, SG No. 77/2005)
(1) In the cases referred to in Article 69 (1) herein, the Minister of Environment and Water or an official authorized thereby shall impose a sanction, acting on:
1. a memorandum on inspection by the controlling officials of the Ministry of Environment and Water;
2. reports of laboratory tests/analyses for identification of the environmental pollution or damage and/or non-compliance with the emission standards and emission limit values as set in the permits or in the integrated permits, issued by the laboratories within the system of the Ministry of Environmental Protection and Water or by accredited laboratories, including accredited laboratories for own periodical or continuous measurements of the persons referred to in Article 69 (1) herein;
3. a memorandum of ascertainment, drawn up on the basis of the memoranda referred to in Item 1 and/or the reports referred to in Item 2 by the controlling officials of the Ministry of Environment and Water;
4. a proposal by the controlling officials of the Ministry of Environment and Water for imposition of a sanction, including the type, duration and causes of the environmental pollution or damage, as well as the type and amount of the sanction.
(2) Where the environmental damage or pollution in excess of the permissible levels and/or in case of non-compliance with the emission standards and emission limit values as set in the permits or in the integrated permits is ascertained on the basis of own periodical or continuous measurements, the Minister of Environment and Water or an official authorized thereby shall impose a sanction without conducting the inspection referred to in Item 1 of Paragraph (1).
(3) The Minister of Environment and Water shall issue an order endorsing standard forms of the memorandum on inspection, the memorandum of ascertainment, the proposal for imposition of a sanction and the penalty decree.
Article 69b
(New, SG No. 77/2005)
(1) Any penalized person, who or which discontinues or abates the environmental damage or pollution and/or the non-compliance with the emission standards and emission limit values as set in the permits or in the integrated permits, may submit a reasoned request for revocation or relaxation of the sanction referred to in Article 69 (1) herein to the authority which has issued the penalty decree.
(2) In the cases referred to in Paragraph (1), the control authorities of the Ministry of Environment and Water shall conduct an inspection within five working days after receipt of a request referred to in Paragraph (1).
(3) Where the discontinuance or abatement of the environmental pollution or damage is ascertained by tests/analyses, the said tests/analyses shall be performed by the laboratories within the system of the Ministry of Environment and Water or by accredited laboratories, including accredited laboratories for own periodical or continuous measurements.
(4) Where the discontinuance or abatement of the environmental damage or pollution in excess of the permissible levels and/or the non-compliance with the emission standards and emission limit values as set in the permits or in the integrated permits is ascertained on the basis of own periodical or continuous measurements, the authority which has issued the penalty decree shall revoke or relax the sanction imposed without conducting the inspection referred to in Item 1 of Article 69a (1) herein.
(5) The authority which has issued the penalty decree shall issue an order revoking the sanction where, proceeding from the memorandum on inspection, the reports of the laboratory tests/analyses, the memorandum of ascertainment and the proposal by the controlling officials of the Ministry of Environment and Water for revocation of the sanction, it is ascertained that the environmental damage or pollution and/or the non-compliance with the emission standards and emission limit values as set in the permits or in the integrated permits has been discontinued.
(6) The authority which has issued the penalty decree shall issue an order relaxing the sanction where, proceeding from the memorandum on inspection, the reports of the laboratory tests/analyses, the memorandum of ascertainment and the proposal by the controlling officials of the Ministry of Environment and Water for revocation of the sanction it is ascertained that the environmental damage or pollution and/or the non-compliance with the emission standards and emission limit values as set in the permits or in the integrated permits has been abated.
(7) The sanction referred to in Article 69 (1) herein shall be revoked or relaxed as from the date of receipt by the competent authority of the request of the penalized person.
(8) Where, proceeding from the memorandum on inspection, the reports of the laboratory tests/analyses, the memorandum of ascertainment and the proposal by the controlling officials of the Ministry of Environment and Water for imposition of a sanction, it is ascertained that the environmental damage or pollution or non-compliance with the emission standards and emission limit values as set in the permits or in the integrated permits has increased, the authority which has issued the penalty decree shall issue an order revoking the initially imposed sanction.
(9) In the cases referred to in Paragraph (8), the Minister of Environment and Water or an official authorized thereby shall impose, by a penalty decree, a new sanction according to the procedure established by Article 69a herein.
(10) The type, amount and procedure for revocation or relaxation of sanctions upon environmental damage or pollution in excess of the permissible levels and/or in case of non-compliance with the emission standards and emission limit values as set in the permits or in the integrated permits shall be established by the ordinance referred to in Article 69 (8) herein.
Article 69c
(New, SG No. 77/2005)
(1) Upon suspension or abandonment of the activity which caused the environmental damage or pollution in excess of the permissible levels and/or the non-compliance with the emission standards and emission limit values as set in the permits or in the integrated permits, the person referred to in Article 69 (1) herein may submit a reasoned request for halting of the sanction as imposed to the authority which has issued the penalty decree or the order referred to in Article 69b (6) herein.
(2) In the cases referred to in Paragraph (1), the control authorities of the Ministry of Environment and Water shall conduct an inspection within five working days after receipt of the request referred to in Paragraph (1) and shall draw up a memorandum of ascertainment, establishing the abandonment of the activity.
(3) The Minister of Environment and Water or an official authorized thereby shall issue an order halting the sanction where, proceeding from the memorandum of ascertainment referred to in Paragraph (2), it is ascertained that the activity which caused the environmental damage or pollution in excess of the permissible levels and/or the non-compliance with the emission standards and emission limit values as set in the permits or in the integrated permits has been discontinued.
(4) The sanction as imposed shall be halted as from the date of receipt by the competent authority of the request of the penalized person.
(5) The penalized person shall be obligated to notify in writing the authority which issued the order referred to in Paragraph (3) not later than three days prior to the day of resumption of the activity referred to in Paragraph (1).
(6) The Minister of Environment and Water or an official authorized thereby shall issue an order reactivating the sanction referred to in Article 69 (1) or in Article 69b (6) herein as from the date of resumption of the activity according to the notification referred to in Paragraph (5).
(7) Should the penalized person fail to notify the authority which has issued the order referred to in Paragraph (3) of the resumption of the activity and, after an inspection by the control authorities of the Ministry of Environment and Water, should it is ascertained that the said activity has been resumed, the Minister of Environment and Water shall impose, by a penalty decree, a sanction for the period commencing upon the halting of the sanction under Paragraph (3) and concluding on the date of the inspection by the control authorities of the Ministry of Environment and Water.
(8) The sanction referred to in Paragraph (7) shall be imposed in a treble amount of the initial sanction halted under Paragraph (3).
(9) In the cases referred to in Paragraph (7), the authority which issued the order referred to in Paragraph (3) shall reactivate the sanction as from the date of the inspection by the control authorities of the Ministry of Environment and Water.
(10) Upon resumption of the activity, the penalized person may submit a reasoned request for revocation or relaxation of the reactivatable sanction to the authority which has issued the order referred to in Paragraph (3).
(11) The relaxation or revocation of the reactivatable sanction shall follow the procedure established by Article 69b herein.
(12) The Minister of Environment and Water shall issue an order endorsing a standard form of the memorandum of ascertainment referred to in Paragraph (2).
(13) The procedure for halting and reactivation of sanctions upon environmental damage or pollution in excess of the permissible levels and/or the non-compliance with the emission standards and emission limit values as set in the permits or in the integrated permits shall be regulated by the ordinance referred to in Article 69 (8) herein.
Article 70
(1) Should the persons penalized under Article 69 (1) herein take action to comply with the established emission limit values in accordance with investment programmes approved by the Minister of Environment and Water, the said persons shall pay 10 per cent of the sanctions due.
(2) (Amended, SG No. 77/2005) The terms and a procedure for reduction of the sanctions due under Paragraph (1) shall be established by the ordinance referred to in Article 69 (8) herein.
(3) Should the investment programmes referred to in Paragraph (1) be not implemented in due course, the Minister of Environment and Water shall decree payment of the monthly sanction due in a treble amount for the entire initial period.
(4) It shall be inadmissible to extend the time limits for implementation of the investment programmes approved by the Minister of Environment and Water under Paragraph (1).
Article 71
The Ministry of Environment and Water shall charge fees for the issuance of environmental impact assessment decisions, permits, opinions, licences, and for registration.
Article 72
The procedure for fixing and collection of the fees referred to in Article 71 herein shall be established in a rate schedule approved by the Council of Ministers.
Article 72a
(New, SG No. 77/2005)
(1) (Supplemented, SG N. 89/2007) Any delinquent fines and sanctions under this Act, under the Water Act, the Soils Act, the Waste Management Act, the Medicinal Plants Act , the Protected Areas Act , the Clean Ambient Air Act , the Subsurface Resources Act , the Biological Diversity Act and the Protection against the Harmful Impact of Chemical Substances, Preparations and Products Act shall be collected with interest on the sanctions and costs by the State Receivables Collection Agency according to the procedure established by the Tax Procedure Code.
(2) The Minister of Environment and Water or an official authorized thereby shall issue a written statement on ascertainment of a public state receivable under Paragraph (1).
Article 73
On a motion by the Minister of Environment and Water, made in consultation with the Minister of Finance, financial resources in the executive budget shall be allocated annually for implementation of priority environmental projects and activities included in the national environmental strategies and programmes shall be allocated annually by the National Budget Act.
Article 74
On a motion by the competent municipality mayor, financial resources for implementation of priority environmental activities and projects included in the municipal environmental protection programmes shall be allocated annually with the adoption of the municipal budget.

Chapter Five
ENVIRONMENTAL STRATEGIES AND PROGRAMMES

Article 75
(1) The National Environmental Strategy and the municipal environmental programmes shall be tools for achievement of the purposes of this Act and shall be elaborated in accordance with the principles of environmental protection covered under Article 3 herein.
(2) (Amended, SG No. 88/2005) The Minister of Environment and Water shall, acting in consultation with the Minister of Health, the Minister of Regional Development and Public Works, the Minister of Transport, the Minister of Agriculture and Forestry and other ministers and heads of state agency concerned, elaborate the National Environmental Strategy and lay the said Strategy before the Council of Ministers for approval.
(3) The process of elaboration and public discussion of the National Environmental Strategy shall furthermore involve representatives of the research community and of non governmental ecologist and branch organizations.
(4) The Council of Ministers shall present the National Environmental Strategy to the National Assembly for adoption and, thereafter, shall publish the said Strategy.
Article 76
(1) The National Environmental Strategy shall be elaborated for a period of ten years and shall contain:
1. an analysis of the state of the environment by environmental medium, an analysis of the factors impacting the environmental media and of the trends, causes and sources of environmental pollution and damage by sector of the national economy, as well as an analysis of the institutional framework, the administrative and economic policy implementation tools;
2. assessment of the possibilities and limitations at national and international level;
3. objectives and priorities;
4. modalities for attainment of the objectives;
5. options for implementation of the strategy with assessment of the possible favourable and adverse impacts and consequences on a national and international plane;
6. a five-year action plan with specific institutional, organizational and investment measures, deadlines, responsible institutions, required resources and possible sources of financing;
7. a scheme for organization, monitoring and reporting of the implementation of the action plan, for evaluation of results, and for remedial action where necessary;
8. miscellaneous.
(2) The following principal criteria shall be applied in identifying the priorities of the National Environmental Strategy:
1. adherence to the principles of sustainable development;
2. prevention and reduction of the risk to human health and the environment;
3. prevention and reduction of the risk to biological diversity;
4. mitigation of the harmful impact of natural processes and phenomena on the environmental media;
5. optimum utilization of natural resources and energy.
(3) Annually, the Minister of Environment and Water shall lay a report on the implementation of the action plan under Item 6 of Paragraph (1) before the Council of Ministers.
(4) Any revisions amending, supplementing and updating the National Environmental Strategy and of five-year action plans shall have to be adopted by the National Assembly on a motion by the Council of Ministers.
Article 77
The national plans and programmes by environmental medium and by environmental impacting factors that impact them shall be elaborated on the basis of the principles, objectives and priorities of the National Environmental Strategy and in conformity with the requirements of the special laws regulating the environment.
Article 77a
(New, SG No. 77/2005)
(1) The Minister of Environment and Water, acting jointly with the Minister of Finance, the Minister of Economy and Energy, the Minister of Regional Development and Public Works and other government ministers concerned, shall elaborate a National Allocation Plan for Greenhouse Gas Emission Allowance Trading.
(2) The National Allocation Plan for Greenhouse Gas Emission Allowance Trading shall be adopted by the Council of Ministers for a period of five years.
(3) The Plan referred to in Paragraph (1) shall furthermore specify:
1. the total quantity of allowances as are to be allocated for the relevant period;
2. the manner of allocation of the allowances among the operators of facilities;
3. the list of facilities and the respective quantity of allowances assigned to each facility;
4. the share of emission reduction units and certified emission reductions which may be used for fulfilment of the obligation of the operator under Article 131h herein.
Article 78
The plans and programmes for regional development, for development of the national economy or of individual branches thereof at national and regional level shall provide for integrated environmental protection in conformity with the principles and purposes of this Act and of the National Environmental Strategy.
Article 79
(1) The municipality mayors shall elaborate environmental protection programmes for the relevant municipality in compliance with instructions of the Minister of Environment and Water.
(2) The programmes referred to in Paragraph (1) shall cover a minimum implementation period of three years.
(3) The local units of the relevant ministries and state agencies, which collect and hold information relating to the environment, shall assist in the elaboration of the said programmes through participation of experts thereof and provision of information. Representatives of non-governmental organizations, of companies and of branch organizations shall also be involved in the elaboration, revision and updating of the said programmes.
(4) The programmes shall be adopted by the Municipal Councils which shall oversee the implementation therein.
(5) Annually, the municipality mayors shall lay a report on the implementation of the environmental programme before the Municipal Council and, where necessary, shall move revisions supplementing and updating the said programme.
(6) The reports referred to in Paragraph (5) shall be submitted to the RIEW for information.
Article 80
Projects proposed by municipalities for financing from the national budget or from national funds may be financed solely where the said projects are justified as priority projects in the respective municipal environmental programme.

Chapter Six
ENVIRONMENTAL ASSESSMENT AND ENVIRONMENTAL
IMPACT ASSESSMENT

Section I
General Provisions
Article 81
(1) Environmental assessment and environmental impact assessment shall be conducted for plans, programmes and development proposals for construction, activities and technologies or modifications thereof, whereof the implementation is likely to have significant effects on the environment as follows:
1. (supplemented, SG No. 77/2005) environmental assessment shall be conducted of plans or programmes which are in a process of preparation and/or approval by central or local executive authorities, bodies of local self-government and the National Assembly;
2. environmental impact assessment (EIA) shall be conducted for development proposals for execution of construction, activities and technologies listed in Annexes 1 and 2 hereto.
(2) The objective of the environmental assessment and of the EIA is to integrate environmental considerations into the process of development as a whole with a view to introducing the principle of sustainable development in accordance with Articles 3 and 9 herein.
(3) (Effective 1.07.2004) Environmental assessment of plans and programmes shall be conducted simultaneously with the preparation therein, taking into account the objectives and the geographical scope of the plans or programmes and the level of detail thereof, so that the likely effects on the environment of implementation of the development proposals included in the said plans or programmes are appropriately identified, described and evaluated.
(4) (New, SG No. 77/2005) Any plans and programmes elaborated solely for the purposes of national defence or of civil protection, as well as any free-standing financial plans and budgets, shall not be subject to environmental assessment.
(5) (Renumbered from Paragraph (4), SG No. 77/2005) The environmental impact assessment referred to in Item 2 of Paragraph (1) shall identify, describe and assess in an appropriate manner, in the light of each particular case, the direct and indirect effects of a development proposal for execution of construction, activities and technologies on: human beings; biological diversity and the elements thereof, including flora and fauna; soil, water, air, climate and the landscape; the bowels of the Earth, physical structures and the cultural and historical heritage, as well as the interaction among these factors.
(6) (Renumbered from Paragraph (5) and amended, SG No. 77/2005) Conduct of EIA of development proposals for execution of construction, activities and technologies listed in Annexes 1 and 2 hereto, where the said proposals are for the purposes of national defence, shall be determined in each particular case. Determination shall be made by a decision of the Council of Ministers on a reasoned motion by the Minister of Defence and the Minister of Environment and Water. Any such determination shall take into consideration the expected adverse impact which the conduct of EIA would have on the purposes of national defence.
(7) (Renumbered from Paragraph (6), SG No. 77/2005) An EIA procedure shall not be conducted for development proposals where, according to a procedure established by a special law, the said proposals are subject to approval in a procedure including a similar assessment and provided that public access to the relevant information is ensured.
Article 82
(1) (Effective 1.07.2004) The assessment referred to in Item 1 of article 81 (1) herein shall be fully compatible with the existing procedures for adoption of plans and programmes.
(2) (Amended, SG No. 77/2005) The assessment referred to in Item 2 of Article 81 (1) herein may be fully integrated upon execution of the predesign (predevelopment) studies or the design terms of reference, being conducted prior to the act of earliest approval according to the procedure established by a special law, whereby the essence, site and capacity of the development proposal are determined.
(3) (Supplemented, SG No. 77/2005) Where implementation of the development proposal requires pursuit of other subsidiary or supporting activities connected with the principal subject of assessment and also subject to mandatory EIA or determination of the need of EIA, the assessments of the individual proposals shall be integrated.
(4) (Effective 1.07.2004) The environmental assessment of plans and programmes shall be completed when an opinion of the Minister of Environment and Water or of the competent RIEW Director is issued; the form and contents of the said opinion shall be determined in the regulation referred to in Article 90 herein. The authorities responsible for adoption and implementation of the plan or the programme shall reckon with the said opinion.
(5) (Amended, SG No. 77/2005) The assessment of development proposals shall be completed when a decision of the competent authority referred to in Article 94 (1) herein is issued; this decision shall be binding on the initiator of the proposal. The said decision shall be a mandatory condition for further approval of the development proposal, granted according to the procedure established by a special law.
Article 83
(1) (Amended, SG No. 77/2005) The assessments referred to in Article 81 (1) herein shall be commissioned to a team of registered experts - Bulgarian and foreign natural persons, with a head, and the said experts must declare that they have no personal interest in the implementation of the development proposals.
(2) (Amended, SG No. 77/2005) The assessment shall be commissioned to the experts by the initiator of the plan or the programme or by the initiator of the proposal referred to in Item 2 of Article 81 (1) herein.
(3) The experts shall arrive at a conclusion, guided by the principles of reduction of the risks to human health and of ensuring sustainable development in conformity with the existing national standards of environmental quality.
(4) The Ministry of Environment and Water shall keep a public register f the persons referred to in Paragraph (1), who must hold an educational qualification degree in specialist qualifications attained at a higher school and who must have performed one or more of the following activities related to environmental protection in the course of not less than five of the last ten years:
1. design;
2. practice in manufacturing enterprises;
3. expert activities, including preparation of expert opinions, written advice, environmental impact assessment reports, environmental audits or environmental analyses;
4. teaching at higher schools and/or scientific research;
5. environmental control.
(5) The register shall exclude any experts in respect of whom evidence exists that in their EIA practice they:
1. have on three occasions been authors of chapters of environmental impact assessment reports which have been sent back for rewriting according to the content assessment procedures established by Article 96 (6) herein;
2. have submitted a false declaration under Paragraph (1), and this has been proved according to the established procedure.
(6) A certificate of entry in the register or a reasoned written refusal shall be issued within fourteen days by the Minister of Environment and Water.
(7) The certificate referred to in Paragraph (6) shall be valid for five years.
(8) (New, SG No. 77/2005) Exclusion from the register under Paragraph (5) shall be for a period of five years. Upon the lapse of the said period, the persons covered under Paragraph (5) may apply for a re-entry in the register according to the standard procedure established by the ordinance referred to in Paragraph (10).
(9) (Renumbered from Paragraph (8), SG No. 77/2005) The refusal under Paragraph (6), as well as a tacit refusal, shall appealable before the Supreme Administrative Court within fourteen days after communication or after expiry of the time limit referred to in Paragraph (6), as the case may be.
(10) (Renumbered from Paragraph (9), SG No. 77/2005) The procedure for establishment and keeping of the register and the procedure for application by persons for entry in the said register shall be established by a regulation of the Minister of Environment and Water.

Section II
Environmental Assessment of Plans and Programmes

(Effective 1.07.2004)
Article 84
(1) The Minister of Environment and Water or the competent RIEW Director shall be the authority competent to issue an opinion on environmental assessment of plans and programmes according to Article 82 (4) herein.
(2) The opinion referred to in Paragraph (1) shall be based on an environmental assessment report prepared by registered experts.
Article 85
(1) (Amended, SG No. 77/2005, SG No. 41/2007) An environmental assessment shall be mandatory for any plans and programmes in the areas of agriculture, forestry, fisheries, transport, energy, waste management, water resources management, and industry, including extraction of subsurface resources, electronic communications, tourism, spatial planning and land use, where the said plans and programmes set the framework for future development of any development proposals listed in Annexes 1 and 2 hereto.
(2) (Amended, SG No. 77/2005) Any plans and programmes referred to in Paragraph (1), which affect small areas at local level and involve modifications of plans and programmes referred to in Paragraph (1), shall require an environmental assessment solely where they are likely to have significant environmental effects.
(3) (Repealed, SG No. 77/2005).
(4) (Amended and supplemented, SG No. 77/2005) The Minister of Environment and Water or the competent RIEW Director shall determine by a decision the need of environmental assessment of a plan or programme proposed or modification of any such plan or programme according to the procedure established by the ordinance referred to in Article 90 herein, in conformity with the following criteria for determining the likely significance of the effects thereof:
1. the characteristics of plans and programmes, having regard to:
(a) the degree to which the plan or programme sets a framework for development proposals and other activities, either with regard to the location, nature, size and operating conditions or by allocating resources;
(b) the relevance of the plan or programme for the promotion of the sustainable development and for achievement of the national and regional objectives;
2. characteristics of the effects and of the area likely to be affected, having regard to: the essence, scope, reversibility and the cumulative nature of the eventual effects; the potential transboundary effects, the risks to human health or the environment, the magnitude and spatial extent of the effects, the value and vulnerability of the area likely to be affected; the effects on landscapes or on the components of the National Environmental Network;
3. the degree to which the plan or programme influences other plans and programmes.
(5) (Amended, SG No. 77/2005) A reasoned decision referred to in Paragraph (4) shall be issued within two months after submission of a request by the initiator of the plan or programme depending on the specificity and complexity of the said plan or programme and shall be announced to the general public.
(6) (New, SG No. 77/2005) The plans and programmes, for which conduct of an environmental assessment is mandatory and for which the need of an environmental assessment is determined, shall be specified by the ordinance referred to in Article 90 herein.
Article 86
(1) (Amended, SG No. 77/2005) The environmental assessment shall be commissioned under the terms and according to the procedure established by Paragraphs (1) to (3) of Article 83 herein after announcement of the decision referred to in Article 85 (4) herein.
(2) The environmental assessment report shall include information corresponding to the level of detail of the plan or programme and to the methods of assessment employed.
(3) The environmental assessment report shall mandatorily contain:
1. an outline of the main objectives of the plan or programme and relationship with other relevant plans and programmes;
2. (supplemented, SG No. 77/2005) the current state of the environmental media and factors, referred to in Articles 4 and 5 herein, the cultural and historical heritage, and the likely evolution thereof without implementation of the plan or programme;
3. the environmental characteristics of areas likely to be significantly affected;
4. the existing environmental problems ascertained at different levels which are relevant to the plan or programme including, in particular, those relating to any areas of a particular environmental importance;
5. the environmental protection objectives, established at national and international level, which are relevant to the plan or programme and the way those objectives and any environmental considerations have been taken into account during preparation of the said plan or programme;
6. (supplemented, SG No. 77/2005) the likely significant environmental effects, including the environmental media and factors referred to in Articles 4 and 5 herein, the cultural and historical heritage, and the interrelationship between them;
7. the measures envisaged to prevent, reduce and, as fully as possible, offset any significant adverse effects on the environment resulting from implementation of the plan or programme;
8. an outline of the reasons for selecting the alternatives dealt with, and a description of how the assessment was undertaken, including any difficulties (such as technical deficiencies or lack of know-how) encountered in compiling the required information;
9. a description of the measures envisaged in connection with monitoring during the implementation of the plan or programme;
10. a non-technical summary of the environmental assessment.
(4) (New, SG No. 77/2005) In compliance with Paragraphs (1), (2) and (3), an environmental assessment shall not be commissioned as a separate report where, according to the procedure established by a special law, such an assessment is required to be part of the plan or programme, as well as where the plan or programme is prepared and/or approved by the authorities referred to in Article 84 (1) herein.
Article 87
(1) The initiator of the plan or programme shall:
1. ensure the necessary support to the registered experts for consultations with the bodies concerned and likely to be affected, in particular with those responsible for the preparation and implementation of the plan or programme subject to environmental assessment;
2. organize consultations with the public and with persons concerned who are affected by the implementation of the plan or programme;
3. send a copy of the plan or programme and of the report referred to in Article 86 (2) herein to each State likely to be affected by the implementation of the said plan or programme;
4. organize consultations with the State likely to be affected.
(2) The results of the consultations shall be reflected into the environmental assessment report and shall be taken into account in the opinion of the Minister of Environment and Water or the competent RIEW Director.
Article 88
(1) The opinion referred to in Article 82 (4) herein and the accompanying reasoning shall mandatorily include justification of the selection of a particular alternative from an environmental point of view, and the measures referred to in Article 89 herein which need to be undertaken.
(2) (Supplemented, SG No. 77/2005) The opinion referred to in Paragraph (1) shall be made available to the general public, the parties affected and concerned, and to any State likely to be affected by the implementation of the plan or programme according to a procedure established by the ordinance referred to in Article 90 (1) herein.
Article 89
The measures related to monitoring and control of the plan or programme implementation shall be agreed in consultation between the Minister of Environment and Water or the competent RIEW Director and the authority responsible for the implementation of the plan or programme.
Article 90
(1) (Amended, SG No. 77/2005) The terms and procedure for conduct of environmental assessment shall be established by an ordinance of the Council of Ministers.
(2) The regulation referred to in Paragraph (1) shall specify the requirements concerning:
1. (amended, SG No. 77/2005) the determination of the need and scope of environmental assessment of the potential effects of implementation of the plan or programme, as well as concerning the manner of announcement to the general public of the decision referred to in Article 85 (4) herein;
2. the obligations of the authorities which initiate or implement the plan or programme subject to environmental assessment;
3. the scope, content and form of the environmental assessment report;
4. the deadlines, terms and a procedure for holding consultations with the public and third parties likely to be affected by the plan or the programme;
5. the form and content of the opinion of the Minister of Environment and water or of the competent RIEW Director;
6. the conditions for inclusion of the results of the consultations referred to in Item 4 in the opinion of the Minister of Environment of Water or of the competent RIEW Director;
7. the monitoring and control of compliance with the conditions set in the opinion of the Minister of Environment and Water or of the competent RIEW Director in the process of implementation of the plan or programme;
8. the monitoring and control of the environmental effects upon implementation of the plan or programme with a view to undertaking measures for prevention or mitigation of the environmental damage likely to occur as a result of the said implementation.
Article 91
(1) The environmental assessment of plans or programmes shall be conducted independently of the EIA under Section III of this Chapter.
(2) (New, SG No. 77/2005) Where a separate plan or programme under Article 85 (1) and (2) herein is required for any development proposal included in Annex 1 or 2 hereto, the competent environment authority, acting at the request of the initiator or at its own discretion, may admit the conduct of only one of the assessments covered under Chapter Six herein.
(3) (Renumbered from Paragraph (2), SG No. 77/2005) The information collected and the analyses made during preparation of the environmental assessment of plans and programmes, as well as the opinion of the Minister or the RIEW Director, shall be used upon preparation of the EIA statements and making the EIA decisions for development proposals listed in Annexes 1 and 2 hereto.

Section III
Environmental Impact Assessment of Development Proposals

Article 92
Environmental Impact Assessment shall mandatorily be conducted of:
1. any development proposals for execution of construction, activities and technologies listed in Annex 1 hereto;
2. any development proposals for construction, activities and technologies likely to cause significant adverse transboundary impact according to Appendix I to Article 2 of the Convention on Environmental Impact Assessment in a Transboundary Context.
Article 93
(1) The need of environmental impact assessment shall be determined for:
1. any development proposals for construction, activities and technologies listed in Annex 2 hereto;
2. (amended, SG No. 77/2005) any development proposals for extension and/or change in the production activity according to Annex 2 hereto;
3. (amended, SG No. 77/2005) any development proposals for extension and/or change in the manufacturing activity according to Annex 1 to this Act and Appendix I to Article 2 of the Convention on Environmental Impact Assessment in a Transboundary Context;
4. any development proposal for new construction, activities and technologies according to the provisions of Annex 1 hereto, which are elaborated exclusively or mainly for development and testing of new methods or products and whose period of operation does not exceed two years;
5. (amended, SG No. 77/2005) any development proposals for new construction, activities and technologies in protected areas according to the provisions of Annex 2 hereto, and any proposals for extension and/or change in the production activity within protected areas.
(2) The need of conduct of EIA under Items 3, 4, and 5 of Paragraph (1) shall be determined by the Minister of Environment and Water in each particular case and conforming to the criteria established under Paragraph (4), and the said Minister shall deliver a reasoned decision on such a determination.
(3) The need of conduct of EIA under Items 1 and 2 of Paragraph (1) shall be determined by the competent RIEW Director in each particular case and conforming to the criteria established under Paragraph (4), and the said Director shall deliver a reasoned decision on such a determination.
(4) The need of conduct of EIA shall be determined on the basis of the following criteria:
1. (amended, SG No. 77/2005) characteristics of the proposed construction, activities and technologies, such as: size, productivity, scope, inter-relation and integration with other proposals, use of natural resources, waste generation, environmental pollution and nuisances, as well as risk of accidents;
2. locality, including sensitivity of the environment, existing land use, relative availability of appropriate areas, quality and regenerative capacity of the natural resources in the region;
3. reproductive capacity of the ecosystem in the natural environment, especially in:
a) areas and habitats protected by a law;
b) mountain areas and woodlands;
c) wetlands and coastal areas;
d) (amended, SG No. 77/2005) areas where the environmental quality standards are breached;
e) heavily urbanized areas;
f) protected areas of stand-alone or cluster cultural assets, designated according to the procedure established by the Cultural Assets and Museums Act;
g) areas and/or zones and sites enjoying a special sanitation status or subject to sanitary protection;
4. characteristics of the potential impacts, such as territorial coverage, affected population, including transboundary impacts, nature, scope, complexity, probability, duration, frequency, and rehabilitation capacity;
5. public interest in the proposed construction, activities and technologies.
(5) The authorities referred to in Paragraphs (2) and (3) shall determine the need of conduct of EIA within one month after a request for determination is made by the initiator of the proposal referred to in Item 2 of Article 81 herein. The reasoning for the determination shall be declared to the general public.
Article 94
(1) The following authorities shall be competent to make decisions on EIA under Item 2 of Article 81 (1) herein:
1. the Minister of Environment and Water - for any development proposals referred to in Item 1 of Article 92 herein in conformity with the criteria of competence established by Annex 1 hereto, for any proposals referred to in Item 2 of Article 92 herein and in the cases of determination of the need of conduct of EIA under Article 93 (2) herein;
2. the RIEW directors - for any development proposals referred to in Item 1 of Article 92 herein in conformity with the criteria of competence established by Annex 1 hereto, and in the cases of determination of the need of conduct of EIA under Article 93 (3) herein.
(2) (Supplemented, SG No. 77/2005) In cases where the development proposal affects a protected area or a territory covered by two or more RIEWs, the authority competent to determine the need of conduct of EIA and to make an EIA decision shall be the Minister of Environment and Water.
Article 95
(1) (Amended, SG No. 77/2005) At the earliest stage of the development-project initiative, the initiator of the development proposal shall inform the competent authority and the public concerned of the proposal, announcing the said proposal in writing.
(2) (New, SG No. 77/2005) The initiator shall ensure elaboration of terms of reference for the scope and content of the EIA for any development proposals under Annex 1 hereto and for such proposals in respect of which conduct of EIA has been determined by a decision.
(3) (Renumbered from Paragraph (2), SG No. 77/2005) The initiator shall undertake consultations with the competent authorities, other specialized institutions and the public concerned for the purpose of the making of an EIA decision. The consultations shall be undertaken with regard to:
1. the specific characteristics of the proposed construction, activities or technologies, level of development of the design solution and its inter-relation with existing or other planned construction, activities or technologies;
2. the characteristics of the existing environment and all environmental media thereof;
3. the significance of the eventual impacts;
4. the terms of reference for the scope and content of the EIA;
5. the scope of study connected to the EIA;
6. the alternative development proposals;
7. the affected population's interests and opinions;
8. the sources of information;
9. the forecasting methods used to assess the effects on the environment;
10. measures for mitigation of the eventual adverse impacts on the environment.
Article 96
(1) The initiator of the proposal under Item 2 of Article 81 (1) herein shall submit an EIA statement of the following content to the competent authority:
1. a summary of the development proposal for construction, activities and technologies;
2. (amended, SG No. 77/2005) alternatives of siting (including plats and bearings of typical points within the established national coordinate system) and/or alternatives to the technologies as studied by the initiator and reasoning of the choice of study made, considering the environmental impact, including a "zero alternative";
3. a description and analysis of the environmental media and factors covered under Articles 4 and 5 herein and of the physical structures and the cultural heritage that will be significantly affected by the development proposal, as well as the interaction among these aspects;
4. description, analysis and assessment of the potential significant effects on the population and the environment resulting from:
a) implementation of the development proposal;
b) use of natural resources;
c) emissions of noxious substances in normal circumstances and in an emergency, generation of waste and inconvenience for the population;
5. information on the forecasting methods used to assess the effects on the environment;
6. a description of the measures envisaged to avoid, reduce and, if possible, remedy significant adverse effects on the environment, as well as a plan for implementation of the said measures;
7. observations and opinions expressed by the public concerned, of the authorities competent to make an EIA decision and other specialized institutions and the States affected in a transboundary context, as a result of the consultations held;
8. (amended, SG No. 77/2005) conclusion in conformity with the requirements of Article 83 (3) herein;
9. a non-technical summary of the information;
10. information on the difficulties (technical reasons, insufficiency or lack of data) encountered in the collection of information for preparation of the EIA statement;
11. other information at the discretion of the competent authority.
(2) The costs of EIA shall be borne by the initiator of the proposal under Item 2 of Article 81 (1) herein.
(3) The initiator of the proposal under Item 2 of Article 81 (1) herein shall provide the information necessary for conduct of EIA, as well as any additional information related to the development proposal.
(4) Other authorities, which hold information concerning the EIA, shall be obliged to provide this information in accordance with Chapter Two herein.
(5) Should there be any state, official or other secret safeguarded by law, the information shall be provided in conformity with the confidentiality requirements of Article 20 herein.
(6) (Amended, SG No. 77/2005) In order to make an EIA decision, the competent authority shall evaluate the content of the EIA statement conforming to the consultations under Article 95 (3) herein and the satisfaction of the requirements of the legislative framework regulating the environment within fourteen days after submission of the statement.
Article 97
(1) After receiving a favourable evaluation under Article 96 (6) herein, the initiator shall organize, jointly with the municipalities, wards, mayoralties and regions concerned as specified by the competent authority, public discussions on the EIA statement.
(2) All natural and juristic persons concerned may participate in the discussions referred to in Paragraph (1), including representatives of the authority competent to make an EIA decision, the local executive administration, public organizations and citizens.
(3) The initiator of the proposal under Item 2 of Article 81 (1) herein shall give the persons under Paragraph (2) notice through the media of mass communication or in another appropriate manner of the venue and date of the discussion not later than thirty calendar days before the public discussion meeting.
(4) (Supplemented, SG No. 77/2005) The initiator of the proposal referred to in Item 2 of Article 81 (1) herein and the competent authorities referred to in Article 94 (1) herein shall ensure public access to the EIA documentation for a period of thirty calendar days prior to commencement of the discussions referred to in Paragraph (1).
(5) Representatives of the public shall submit their opinions in writing at the public discussion meeting or shall send the said opinions to the authority competent to make an EIA decision not later than seven calendar days after the discussion.
Article 98
(1) In respect of any development proposals for construction, activities or technologies in the Republic of Bulgaria, which are likely to have a significant impact on the environment of another State or States, the Minister of Environment and Water shall:
1. notify the affected countries at the earliest possible stage of the development proposal but not later than the date of notification of the Bulgarian population;
2. upon agreement on participation in the EIA procedure, make available to the State concerned a description of the development proposal, information on the potential transboundary impact on the environment, and the relevant information on the decision expected to be made.
(2) In cases of notification of a potential impact on the environment in the Republic of Bulgaria resulting from a proposed activity on the territory of another State, the Minister of Environment and Water shall ensure:
1. public access to the EIA information as provided;
2. timely dispatch of all statements on the information under Item 1 before any decision is made by the competent authority of the other State.
Article 99
(1) Within seven days after holding a discussion under Article 97 herein, the initiator shall submit to the competent authority the results of the said discussion, including the opinions and a minutes of proceedings.
(2) The competent authority shall make an EIA decision within three months after the discussion, taking into account the results thereof.
(3) The EIA decision shall contain:
1. the name of the issuing authority;
2. the name, place of residence/registered office of the initiator;
3. the grounds of fact and law on which the decision is delivered;
4. reasoning;
5. operative part;
6. conditions for implementation, including measures to prevent, reduce or offset significant adverse effects on the environment, as well as deadlines for compliance, where necessary;
7. appellate authority and time limit for appeal;
8. liability for non-compliance with the conditions set in the decision;
9. date of issue and signature.
(4) (Supplemented, SG No. 77/2005) Within seven days after delivery of the EIA decision, the competent authority shall:
1. (supplemented, SG No. 77/2005) provide the EIA decision to the initiator of the proposal referred to in Item 2 of Article 81 (1) herein;
2. (supplemented, SG No. 77/2005) announce the EIA decision through the national media of mass communication and/or in another appropriate manner.
(5) (Supplemented, SG No. 77/2005) The competent authority under Paragraph (1) shall ensure access to the content of the EIA decision following the delivery thereof, including access to the annexes to the said decision.
(6) (Supplemented, SG No. 77/2005, amended, SG No. 30/2006) The persons concerned may appeal against the EIA decision according to the procedure established by the Administrative Procedure Code within fourteen days after the announcement under Paragraph (4).
(7) (Supplemented, SG No. 77/2005) In case of change of the initiator under Item 2 of Paragraph (3), the new initiator of the proposal referred to in Item 2 of Article 81 (1) herein shall mandatorily notify the competent authority which has issued the EIA decision.
(8) (Amended, SG No. 77/2005) The legal effect of the EIA decision shall lapse if implementation of the development proposal has not commenced within five years after the date of delivery of the said decision, which shall be ascertained by an inspection by the environmental control authorities.
(9) (New, SG No. 77/2005) In the cases where there are no modifications in the development proposal and there are no changes in the environmental conditions, an EIA decision whereof the legal effect has lapsed shall be re-certified at the request of the initiator within one year after the expiry of the time limit referred to in Paragraph (8).
Article 100
(Supplemented, SG No. 77/2005)
The competent authorities covered under Article 94 herein or officials authorized thereby shall oversee the implementation of the measures referred to in Item 6 of Article 96 (1) herein and the compliance with the conditions set in the EIA decision.
Article 101
(1) The terms and a procedure for conduct of EIA shall be established by a regulation of the Council of Ministers.
(2) The EIA regulation referred to in Paragraph (1) shall establish the requirements concerning:
1. the determination of the need of EIA of the development proposals under Annex 2 hereto;
2. the terms and a procedure for holding consultations with the authorities, the public and the persons likely to be affected by the implementation of the development proposal;
3. the scope, content and form of the EIA statement;
4. the criteria for quality evaluation of the EIA statement;
5. the procedure and manner for arrangement of a public discussion of the EIA statement;
6. the reasoning for making an EIA decision, including the manner in which the opinion of the general public has been taken into account;
7. the procedure and manner for exercise of control over compliance with the conditions specified in the EIA decision.
8. (new, SG No. 77/2005) the procedure under Article 99 (9) herein for re-certification of an EIA decision whereof the legal effect has lapsed.
Article 102
The Ministry of Environment and Water shall keep a public register containing data about the conduct of the EIA procedure, including the public discussions, the EIA decision as issued, and the control exercised over implementation of the EIA decisions.

Chapter Seven
PREVENTION AND REDUCTION OF INDUSTRIAL POLLUTION

Section I
Prevention of Major Industrial Accidents
Article 103
(Amended, SG No. 77/2005)
(1) For the purpose of prevention of major accidents involving dangerous substances and for limitation of the consequences of such accidents for human life and health and for the environment, each operator of a new or an existing establishment and/or installation where dangerous substances are used and/or stored shall be obligated to classify the said establishment and/or installation as an "establishment and/or installation with minor hazard potential" or as an "establishment and/or installation with major hazard potential," and shall notify the Minister of Environment and Water of the said classification.
(2) The form and content of the notification referred to in Paragraph (1) shall be determined by the ordinance referred to in Article 104 (6) herein.
(3) The classification referred to in Paragraph (1) shall be carried out according to the criteria under Annex 3 hereto.
(4) Paragraph (1) shall not apply to:
1. any military establishments, installations and storage facilities;
2. any hazards created by ionizing radiation;
3. the transport of dangerous substances or preparations and intermediate temporary storage during carriage by road, rail, inland waterways, sea or air, outside the establishments, as well as loading, unloading and transport to or from another means of transport at docks, wharves, or marshalling yards;
4. the transport of dangerous substances or preparations in pipelines and pumping stations outside the establishments;
5. the activities concerned with prospecting, exploration for, extraction and processing of subsurface resources in underground mines, quarries or by means of boreholes, with the exception of the activities including chemical or thermal treatment whereupon dangerous substances are used or stored;
6. the prospecting, exploration for and extraction of subsurface resources, including petroleum and natural gas, in the continental shelf and the exclusive economic zone;
7. waste landfill sites, with the exception of existing installations for safe disposal of liquid waste, tailings ponds and slime ponds containing dangerous substances.
Article 104
(1) (Amended, SG No. 77/2005) The construction and operation of a new and the operation of an existing establishment and/or installation classified as an "establishment and/or installation with minor hazard potential" or as an "establishment and/or installation with major hazard potential" shall be carried out after issuance of a permit under the terms and according to the procedure established by this Section.
(2) (Amended, SG No. 77/2005) The permit referred to in Paragraph (1) shall be a mandatory condition for the issuance of a building permit.
(3) (New, SG No. 77/2005) Any permit referred to in Paragraph (1) shall have an indefinite term of validity.
(4) (Renumbered from Paragraph (3) and amended, SG No. 77/2005) Paragraph (1) shall not apply in the cases covered under Article 103 (4) herein.
(5) (Renumbered from Paragraph (4), SG No. 77/2005) In the event of change of the operator, the new operator, whether a natural or legal person, shall assume the rights and obligations according to the permit.
(6) (New, SG No. 77/2005) The Council of Ministers shall adopt an ordinance on the prevention of major accidents involving dangerous substances and on the limitation of the consequences of such accidents.
Article 105
(Repealed, SG No. 77/2005)
Article 106
(Amended, SG No. 77/2005)
(1) The Minister of Environment and Water shall issue the permits referred to in Article 104 (1) herein.
(2) In any permit referred to in Article 104 (1) herein, the Minister of Environment and Water may establish conditions related to the construction and operation of the establishment and/or installation.
Article 107
(Repealed, SG No. 77/2005)
Article 108
(Amended, SG No. 77/2005)
(1) For the purpose of obtaining a permit referred to in Article 104 (1) herein, the operator shall submit an application to the Minister of Environment and Water not later than:
1. four months after submission of the notification referred to in Article 103 (1) herein: applicable to an establishment and/or installation with minor hazard potential;
2. seven months after submission of the notification referred to in Article 103 (1) herein: applicable to an establishment and/or installation with major hazard potential.
(2) The form and content of the application referred to in Paragraph (1) shall be determined by the ordinance referred to in Article 104 (6) herein.
Article 109
(Repealed, SG No. 77/2005)
Article 110
(Amended, SG No. 77/2005)
(1) The operator of any establishment and/or installation with minor hazard potential shall enclose with the application referred to in Article 108 (1) herein:
1. a report on the major-accident prevention policy, designed to guarantee a high level of protection for man and the environment by appropriate means, structures and management systems;
2. documentary proof of a fee paid under Article 71 herein.
(2) The operator of any establishment and/or installation with major hazard potential shall enclose with the application referred to in Article 108 (1) herein:
1. a safety report;
2. an emergency plan for the establishment and/or installation;
3. documentary proof of a fee paid under Article 71 herein.
(3) The form and content of the documents covered under Paragraphs (1) and (2) shall be determined by the ordinance referred to in Article 104 (6) herein.
(4) The operator may request from the Minister of Environment and Water that part of the information in the documents covered under Paragraphs (1) and (2) be declared confidential where the said information constitutes a manufacturing or commercial secret.
(5) Where the information covered under Paragraphs (1) and (2) constitutes a state secret or an official secret or contains any personal data, the provisions of the Classified Information Protection Act or of the Personal Data Protection Act , as the case may be, shall apply.
(6) Within five days after notification that the request referred to in Paragraph (4) has been granted in part or in whole, the operator shall submit to the Minister of Environment and Water a revised version of the documents omitting the information admitted as confidential.
Article 110a
(New, SG No. 77/2005)
(1) Within fourteen days after receipt of the documents covered under Article 110 herein, the Minister of Environment and Water or an official authorized thereby shall notify the operator of any errors and deficiencies committed in the said documents and shall allow up to one month for the curing of the said errors and deficiencies.
(2) (Amended, SG No. 95/2005, SG No. 82/2006, SG No. 102/2006) Within three days after expiry of the time limit referred to in Paragraph (1) for inspection of the documents or for curing of the errors and deficiencies as committed, the Minister of Environment and Water or an official authorized thereby shall transmit the documents covered under Article 110 herein for observations to the Minister of Health, the Minister of the State Policy for Disasters and Accidents, the Director of the Fire and Emergency Safety and Public Protection National Service, the President of the State Agency for Metrological and Technical Surveillance, the Regional Governor and the mayor of the municipality within whose territory the establishment and/or installation is located.
(3) The Minister of Environment and Water, the authorities covered under Paragraph (2) or officials authorized thereby may conduct on-site inspections for the purpose of assessing the conformity of the documents covered under Article 110 herein with the measures envisaged by the operator to prevent major industrial accidents and to limit the consequences of such accidents.
(4) The authorities covered under Paragraph (2) shall transmit the observations thereof to the Minister of Environment and Water within two months after receipt of the documents covered under Article 110 herein.
(5) Should any of the authorities covered under Paragraph (2) fail to transmit observations within the statutory time limit, tacit consent shall be presumed.
(6) Where on the basis of any observations referred to in Paragraph (2) it is ascertained that the operators did not envisage the requisite measures for the prevention of major accidents and for the limitation of the consequences of such accidents by the documents covered under Article 100 herein, within ten days after the expiry of the time limit referred to in Paragraph (4) the Minister of Environment and Water or an official authorized thereby shall allow the operator time to cure the non-conformities and deficiencies as ascertained.
Article 111
(Amended, SG No. 77/2005)
(1) Within the time limit referred to in Article 110a (2) herein, the Minister of Environment and Water or an official authorized thereby shall post the documents covered under Article 110 herein on the Internet site of the Ministry of Environment and Water and shall afford public access to the said documents in the course of one month.
(2) Within three days after receipt of the documents covered under Article 110a (2), the mayor of the relevant municipality shall inform the public by means of the local media of mass communication of this fact and shall afford access to the documents for a period of one month.
(3) In the cases where a request to declare any information confidential has been granted, the Minister of Environment and Water shall make the documents referred to in Article 110 (6) herein available to the public.
(4) Members of the public may submit reasoned observations in writing to the Minister of Environment and Water not later than the expiry of the one-month time limit referred to in Paragraph (1).
Article 112
(Amended, SG No. 77/2005)
The Minister of Environment and Water shall issue the permit referred to in Article 104 (1) herein within one month after expiry of the time limit referred to in Article 110a (4) herein or after receipt of the rectified and complemented documents referred to in Article 110 (6) herein.
Article 112a
(New, SG No. 77/2005)
Within seven days after the date of issuance of a permit, the Minister of Environment and Water or an official authorized thereby:
1. shall notify in writing the operator and the authorities covered under Article 110a (2) herein, and
2. shall announce the issuance of the permit through a national daily newspaper.
Article 112b
(New, SG No. 77/2005)
(1) By a reasoned decision, the Minister of Environment and Water shall refuse to issue a permit within one month after expiry of the time limit referred to in Article 110a (4) herein or after receipt of the rectified and complemented documents referred to in Article 110a (6) herein where:
1. the operator has not envisaged the requisite measures in the documents covered under Article 110 herein, or the measures envisaged are not sufficient for the prevention of major accidents, or for the limitation of the consequences of such accidents, and/or
2. the operator has failed to submit the documents covered under Articles 108, 110 or Article 110a (6) herein within the appointed time limits.
(2) Within the time limit referred to in Paragraph (1), by a reasoned decision, the Minister of Environment and Water may refuse to issue a permit for construction of a new establishment and/or installation upon receipt of a reasoned objection on grounds of legal conformity against the implementation of the project from any of the authorities covered under Article 110a (2) herein.
(3) Within seven days after the date of issuance of the permit referred to in Paragraphs (1) or (2), the Minister of Environment and Water or an official authorized thereby:
1. shall notify in writing the operator and the authorities referred to in Article 110a (2) herein, and
2. shall announce the issuance of the decision through a national daily newspaper.
Article 113
(Amended, SG No. 77/2005, SG No. 30/2006)
Any permit and any refusal to issue a permit shall be appealable according to the procedure established by the Administrative Procedure Code within fourteen days after announcement under Item 2 of Article 112 or under Item 2 of Article 112b (3) herein.
Article 114
(Amended, SG No. 77/2005)
(1) The Minister of Environment and Water shall keep a public register of the permits issued under Article 112 herein and of the refusals referred to in Article 112b (1) and (2) herein.
(2) The form and content of the register shall be determined by the ordinance referred to in Article 104 (6) herein.
Article 115
(Amended, SG No. 77/2005)
The operator of an establishment and/or installation for which a permit under Article 104 (1) herein has been issued shall be obligated to:
1. take all measures necessary to prevent major accidents involving dangerous substances and to limit the consequences of such accidents for human life and health and for the environment;
2. immediately inform the Minister of Environment and Water of each planned substantial change to the establishment and/or the installation.
Article 116
(Amended, SG No. 77/2005)
(1) Upon occurrence of a major accident, the operator of an establishment and/or installation for which a permit under Article 104 (1) herein has been issued shall immediately inform the Chairperson of the Regional Council on Security and Crisis Management.
(2) Upon occurrence of a major accident, the operator shall promptly provide the authorities referred to in Paragraph (1) with information regarding:
1. the circumstances of occurrence of the accident;
2. the dangerous substances which have caused the occurrence of the accident or which aggravate the consequences thereof;
3. the data available for assessing the effects of the accident on human life and health and on the environment;
4. the emergency measures taken;
5. the measures envisaged to prevent any recurrence of such an accident;
6. the measures envisaged to limit the consequences of the accident.
(3) The operator shall be obligated to update the information covered under Paragraph (2) and to provide the said information to the authority referred to in Paragraph (1) where justified by new facts related to the causes of occurrence of the accident and the consequences thereof.
Article 116a
(New, SG No. 77/2005)
(1) The operator of any establishment and/or installation with major hazard potential shall supply the public concerned with:
1. information on the safety measures planned and the requisite behaviour and action in the event of an accident;
2. the safety report referred to in Item 1 of Article 110 (2) herein or the revised documents referred to in Article 110 (6) herein;
3. a list of the dangerous substances referred to in Article 103 (1) herein, with the exception of such as have been declared confidential information under Article 110 (4) herein, and of the information referred to in Article 110 (5) herein;
4. information regarding the possibility of a domino effect.
(2) The operator shall furthermore supply the information referred to in Item 1 of Paragraph (1) to the establishments serving the public which are liable to be affected by a major accident.
(3) The operator shall review and, where necessary, shall update the information referred to in Item 1 of Paragraph (1) every three years, as well as in the cases of substantial changes to the establishment and/or installation.
(4) The information referred to in Item 1 of Paragraph (1) shall be updated every five years.
(5) The minimum requirements to the content of the information referred to in Item 1 of Paragraph (1), as well as the methods of provision of the said information, shall be determined by the ordinance referred to in Article 104 (6) herein.
Article 116b
(New, SG No. 77/2005)
(1) Where planning substantial changes to the establishment and/or installation, the operator shall review and update the report on the major-accident prevention policy or the safety report.
(2) The operator shall transmit the updated report referred to in Paragraph (1) to the Minister of Environment and Water.
(3) In the cases referred to in Paragraph (3), the operator shall submit an application for a review of the permit referred to in Article 104 (1) to the Minister of Environment and Water as soon as practicable but not later than four months prior to the date planned for implementation of the changes.
(4) The operator shall enclose the updated documents referred to in Paragraph (1) to the application referred to in Paragraph (3).
(5) The form and content of the application referred to in Paragraph (3) and the documents referred to in Paragraph (1) shall be determined by the ordinance referred to in Article 104 (6) herein.
Article 116c
(New, SG No. 77/2005)
(1) The operator of any establishment and/or installation with major hazard potential shall review and, where necessary, shall update the safety report referred to in Item 1 of Article 110 (2) herein:
1. every five years;
2. at the initiative of the operator or at the request of the Minister of Environment and Water, where justified by new facts or to take account of new technical knowledge about the safe operation of the establishment and/or installation.
(2) The operator referred to in Paragraph (1) shall be obligated to review and, where necessary, to update the emergency plan referred to in Item 2 of Article 110 (2) herein:
1. every three years;
2. at the initiative of the operator or at the request of the Minister of Environment and Water, where justified by new facts or to take account of new technical knowledge about the safe operation of the establishment and/or installation.
(3) In the cases covered under Paragraph (1) and/or Paragraph (2), the operator shall notify the Minister of Environment and Water, submitting an application for a review of the permit referred to in Article 104 (1) herein and enclosing the documents updated under Paragraph (1) and/or Paragraph (2) or a written declaration to the effect that there is no need to update the said documents.
(4) The form and content of the application referred to in Paragraph (3) and the documents covered under Paragraphs (1) and (2) shall be determined by the ordinance referred to in Article 104 (6) herein.
Article 116d
(New, SG No. 77/2005)
In the cases referred to in Article 116b and Article 116c herein, the Minister of Environment and Water or an official authorized thereby shall review the permit as issued according to the procedure established by Article 110a and Article 111 herein.
Article 116e
(New, SG No. 77/2005)
(1) Within one month after expiry of the time limit for receipt of observations from the authorities covered under Article 110a (2) herein or after receipt of the rectified and complemented document from the operator, the Minister of Environment and Water shall review the permit as issued with a view to:
1. leaving the permit as issued in effect, or
2. modifying the permit as issued.
(2) In the cases referred to in Paragraph (1), the Minister of Environment and Water or an official authorized thereby shall make a decision leaving the permit issued in effect or modifying the said permit.
(3) Within seven days after the date of issuance of the decision referred to in Paragraph (2), the Minister of Environment and Water or an official authorized thereby:
1. shall notify in writing the operator and the authorities covered under Article 110a (2) herein, and
2. shall announce the issuance of the decision through a national daily newspaper.
Article 116f
(New, SG No. 77/2005)
(1) By a reasoned decision, the Minister of Environment and Water may refuse to permit the implementation of the change referred to in Article 116b herein within the time limit referred to in Article 116c (1) herein where:
1. the operator has not envisaged the requisite measures in the documents covered under Article 116b and Article 116c herein, or the measures envisaged are not sufficient for the prevention of major accidents, or for the limitation of the consequences of such accidents, and/or
2. any of the authorities covered under Article 110a (2) herein has lodged a reasoned objection on grounds of legal conformity against the implementation of the modification referred to in Article 116b herein.
(2) Within seven days after the date of issuance of the decision referred to in Paragraph (1), the Minister of Environment and Water or an official authorized thereby:
1. shall notify in writing the operator and the authorities covered under Article 110a (2) herein, and
2. shall announce the issuance of the decision through a national daily newspaper.
Article 116g
(New, SG No. 77/2005, amended, SG No. 30/2006)
Any decision referred to in Article 116e (2) and in Article 116f (1) shall be appealable according to the procedure established by the Administrative Procedure Code within fourteen days after announcement of the said decision under Item 2 of Article 116e (3) and Item 2 of Article 116f (2) herein.
Article 116h
(New, SG No. 77/2005)
(1) Where, on the basis of the documents covered under Article 110 (2) herein, the Minister of Environment and Water identifies any establishments and/or installations or any group of establishments and/or installations posing a risk of a domino effect, the said Minister shall notify the operators of the said establishments and/or installations.
(2) In the cases referred to in Paragraph (1), the operators shall be obligated:
1. to exchange information enabling them to take account of the nature and extent of the hazard of a major accident in the establishments and/or installations;
2. to update the documents covered under Article 110 (2) herein with the information referred to in Item 1.
(3) In the cases referred to in Paragraph (1), the operators may cooperate in:
1. supplying the information covered under Article 116a herein to the public;
2. supplying information required for the preparation of an external emergency plan.
Article 116i
(New, SG No. 77/2005)
The Minister of Environment and Water shall notify the potentially affected countries of the risk of a major accident with transboundary effects occurring in an establishment and/or installation with major hazard potential.

Section II
Integrated Permits
Article 117
(1) The construction and operation of new installations and facilities of industrial activities of the categories listed in Annex 4 hereto, and the operation of existing installations and facilities of the said categories shall be admitted after issuance of an integrated permit according to the provisions of this Chapter.
(2) (Amended, SG No. 77/2005) The requirement referred to in Paragraph (1) shall furthermore apply to any substantial change to existing facilities and installations.
(3) Acting on a written request by the relevant operators, integrated permits referred to in Paragraphs (1) and (2) may furthermore be issued for any installations and facilities outside the scope of Annex 4 hereto.
(4) In the event of change of the operator, the new operator, whether a natural or juristic person, shall assume the rights and obligations according to the permit.
(5) (Amended, SG No. 77/2005) The submission of an application for the issuance of an integrated permit or the existence of an integrated permit for construction and operation of new facilities and installations and/or for operation of existing facilities and installations shall waive the requirements for issuance and obtaining of the following authorizations, permits, licences, expert opinions and assessments:
1. under Article 37 in reference to Article 12 of the Waste Management Act;
2. under Littera (e) of Item 1 of Article 46 (1) of the Water Act.
(6) (New, SG No. 77/2005) The operators of any facilities and installations within the scope of Annex 4 hereto may submit documents for obtaining the permit referred to in Item 1 of Paragraph (5) or the permit referred to in Item 5 of Paragraph (5) until commencement of the time limit for submission of an application for the issuance of an integrated permit, as set by the ordinance referred to in Article 119 herein.
(7) (Renumbered from Paragraph (6), SG No. 77/2005) No facilities or parts of facilities used for scientific research, development and testing of new products and processes shall be subject to the provisions of this Chapter.
Article 118
An integrated permit referred to in Article 117 herein shall be a mandatory condition for the issuance of a building permit.
Article 119
(1) The terms and a procedure for the issuance of an integrated permit referred to in Article 117 herein shall be established by a regulation of the Council of Ministers.
(2) The regulation referred to in Paragraph (1) shall furthermore establish relevant requirements for:
1. the content and the form of the applications for issuance of integrated permits;
2. the procedure and manner for determination of the best available techniques (BAT);
3. (amended, SG No. 77/2005) the procedure and manner for review, modification and updating any integrated permits as issued;
4. the procedure and manner for reporting noxious substance emissions;
5. the content of the monitoring referred to in Item 3 of Article 123 (1) herein, including the monitoring procedures and the obligation to provide relevant information to the authorities responsible for enforcement of compliance under Article 128 herein.
Article 120
(1) (Supplemented, SG No. 77/2005) The Minister of Environment and Water or a person authorized thereby shall be the authority competent to issue, review and modify and update any permits referred to in Article 117 (1) and (2) herein.
(2) (Supplemented, SG No. 77/2005) The competent RIEW director shall be the authority competent to issue, review and modify and update any permits referred to in Article 117 (3) herein.
(3) The competent authority referred to in Paragraph (1) shall coordinate the terms and procedures for the issuance of permits in cases where more than one competent authority is involved therein.
(4) (Amended, SG No. 77/2005) The competent authority referred to in Paragraphs (1) and (2) shall ensure the use of any information received and conclusion reached in EIA upon the issuance of the integrated permits.
(5) The Ministry of Environment and Water shall follow the development of the best available techniques and shall maintain an information system thereon.
Article 121
During the operation of the installations and facilities, the operator shall oversee:
1. the implementation of all appropriate preventive measures against pollution, in particular through application of the best available techniques;
2. the implementation of environmental management systems;
3. the prevention of environmental pollution according to the emission limit values and the environmental quality standards;
4. the avoidance of waste generation; where waste is produced, it shall be recovered; where such recovery is technically and economically impossible, the waste shall be disposed of while avoiding or reducing any impact thereof on the environment;
5. the efficient use of energy;
6. the implementation of all possible measures to prevent industrial accidents and limit the consequences thereof;
7. the undertaking of necessary measures to avoid any possible pollution risks and to return the site of operation to a satisfactory state upon definitive cessation of activities.
Article 122
(1) For the purpose of obtaining an integrated permit, the operator of the facility and installation shall submit an application to the relevant competent authority.
(2) The application referred to in Paragraph (1) shall include a description of:
1. (supplemented, SG No. 77/2005) the facility and the various modes of operation thereof, including a description of the main alternatives, if any;
2. the raw and prime materials used (including auxiliary materials);
3. the utilized and/or generated energy;
4. characteristics of the site on which the installation is located;
5. (amended, SG No. 77/2005) the nature and quantities of foreseeable emissions from the facility into each medium covered under Article 4 herein and by factor covered under Article 5 herein, as well as identification of possible significant effects of the said emissions on the environment;
6. the proposed technology and other techniques for preventing or, where this is not possible, reducing emissions from the installation;
7. measures for the prevention, recovery and/or safe disposal of waste generated by the installation;
8. further measures planned to comply with the general principles of the basic obligations of the operator as provided for in Article 121 herein;
9. monitoring of noxious substance emissions into the environment.
(3) Any application for the issuance of an integrated permit shall furthermore include a non-technical summary of the details covered under Paragraph (2).
Article 123
(1) Any integrated permit referred to in Article 117 herein shall contain:
1. (amended, SG No. 77/2005) emission limit values and technical measures, including measures relating to conditions other than normal operating conditions;
2. mandatory protection measures for air, water and soil;
3. monitoring requirements;
4. provisions on limitation of transboundary pollution;
5. additional measures necessary to comply with the effective environmental quality standards.
(2) (Amended, SG No. 77/2005) The standards and measures referred to in Item 1 of Paragraph (1) for any facilities and installations referred to in Article 117 (1) and (2) herein shall be based on the best available techniques, without prescribing the use of one specific technique or technology but taking into consideration the technical characteristics of the facility, the geographical location thereof and local environmental conditions.
(3) The permit shall also contain the provisions necessary to guarantee the compliance of the installation with the requirements of the law.
(4) No integrated permit shall be issued in cases where conformity with the provisions of Paragraph (3).
(5) In cases where the relevant environmental quality standards require stricter conditions than the ones achievable by the use of the best available techniques, the competent authority may require application of the additional measures referred to in Item 5 of Paragraph (1) in the integrated permits referred to in Article 117 (1) and (2) herein, without prejudice to measures which might be undertaken to achieve compliance with other environmental quality standards.
(6) (New, SG No. 77/2005) The integrated permit shall not include emission limit values for greenhouse gases, unless it is necessary to ensure that ambient air quality will not be impaired.
Article 124
(1) Any integrated permit referred to in Article 117 herein shall have an indefinite term of validity.
(2) (Amended, SG No. 77/2005) The competent authority shall periodically review the conditions of any permit once every five years.
(3) A review of the permit shall be undertaken at any time where:
1. the installation has caused significant environmental pollution;
2. (amended, SG No. 77/2005) the operator has planned any changes in the operation of the facility;
3. substantial changes have occurred in the best available techniques, making it possible to reduce emissions into the environment significantly without imposing excessive costs on the operator;
4. a change has occurred in the operational safety requirements, requiring other techniques to be used;
5. changes have occurred in the legislative framework regulating the environment.
(4) (New, SG No. 77/2005) Upon a review of any permit under Paragraphs (2) and (3), the competent authority shall evaluate the need of a modification of the permit conditions or of the updating of the said permit.
Article 125
The operators of installations shall be obliged to:
1. inform the competent authority of any change planned in the operation of the installation;
2. comply with the conditions of the integrated permit upon operation of the installation;
3. regularly inform the competent authority about the monitoring results, and immediately of any incident or accident causing significant adverse impacts on the environment;
4. provide conditions to the representatives of the authority responsible for the enforcement of all necessary on-site inspections, for the taking of samples and for collection of information needed for performance of the duties thereof under this Act;
5. prepare and publish an annual report on implementation of the activities for which an integrated permit has been granted.
Article 126
The competent authority, jointly with the municipalities, shall announce and afford the persons concerned equal access, in the course of one month, to the applications for issuance of an integrated permit and to the draft integrated permits, including the persons concerned in the States affected by the operation of the installation in case of transboundary flux.
Article 127
(1) (Supplemented, SG No. 77/2005) After completion of the procedure for public access to the application for the issuance or modification of an integrated permit, the competent authority shall issue the permit:
1. within five months, applicable to new installations and facilities;
2. within eight months, applicable to existing installations and facilities.
(2) (Supplemented, SG No. 77/2005) The decision to issue or modify a permit shall be announced through the media of mass communication within fourteen days after the date of issuance, and shall be simultaneously transmitted to the States affected by the operation of the facility in case of transboundary flux.
(3) (Amended, SG No. 30/2006) The persons concerned may appeal against any such decision according to the procedure established by the Administrative Procedure Code and the within fourteen days after announcement of the said decision under Paragraph (2).
Article 128
(1) Control over compliance with the conditions specified in any permit referred to in Article 117 herein shall be exercised by the competent RIEW.
(2) The Regional Inspectorates of Environment and Water shall be responsible for the periodic transmittal to the Executive Environment Agency of information on the monitoring as provided for in the integrated permits.
Article 129
(Amended, SG No. 77/2005)
The Minister of Environment and Water shall keep a public register containing data on the issuance, review, modification and updating of integrated permits.
Article 130
(1) The Executive Environment Agency shall keep a public register of the results of emissions monitoring as provided for in the integrated permits.
(2) The data of the register referred to in Paragraph (1) shall be transmitted to the European Register of Noxious Substance Emissions.
Article 131
Until obtaining an integrated permit, the requirements for the issuance and obtaining of permits, licences, expert opinions and assessments shall apply according to the effective legislation.

Section III
National Schemes for Improvement of Environmental Protection Results

(Heading amended, SG No. 77/2005)
Article 131a
(New, SG No. 77/2005)
(1) There shall be established a scheme for greenhouse gas emission allowance trading.
(2) The scheme for greenhouse gas emission allowance trading shall be open for participation to Bulgarian natural and legal persons, as well as to natural and legal persons from the Member States of the European Union and to such persons from third countries in accordance with the international treaties and agreements whereto the Republic of Bulgaria is a party.
Article 131b
(New, SG No. 77/2005)
Greenhouse gas emission allowances shall be allocated in accordance with the National Allocation Plan for Greenhouse Gas Emission Allowance Trading.
Article 131c
(New, SG No. 77/2005)
(1) (Supplemented, SG No. 65/2006) The construction and operation of new installations and the operation of existing installations for the categories of industrial activities covered under Items 1.1, 1.2, 1.3, 2.1, 2.2, 3.1, 3.3, 3.5, Littera (a) of Item 6.1, and Littera (b) of Item 6.1 of Annex 4 hereto shall be allowed solely after the issuance of a greenhouse gas emissions permit, in compliance with a timetable stipulated by the ordinance under Article 131(l), item 1.
(2) The construction and operation of new combustion installations and the operation of existing combustion installations with a rated thermal input exceeding 20 MW but not exceeding 50 MW shall be allowed after the issuance of a greenhouse gas emissions permit according to the provisions of this Chapter.
(3) Where there is a change in the identity of the operator, the new operator, whether a legal or a natural person, shall accede to the rights and obligations according to the permit.
Article 131d
(New, SG No. 77/2005)
The Minister of Environment and Water or an official authorized thereby shall be the authority competent to issue and review the permits referred to in Article 131c (1) and (2) herein.
Article 131e
(New, SG No. 77/2005)
(1) For the purpose of obtaining a greenhouse gas emissions permit, the operator of the installation shall submit an application to the competent authority.
(2) Any application referred to in Paragraph (1) shall include a description of:
1. the installation and the various modes of operation thereof, including the technology used;
2. the raw and auxiliary materials whereof the use is likely to lead to greenhouse gas emissions;
3. the sources of greenhouse gas emissions from the installation;
4. the measures planned to monitor and report emissions in accordance with the requirements established by the ordinance referred to in Item 1 of Article 131k herein.
(3) Any application referred to in Item 1 shall also include a non-technical summary of the description covered under Paragraph (2).
Article 131f
(New, SG No. 77/2005)
(1) Any greenhouse gas emissions permit shall contain:
1. the name and address of the operator, if a natural person, or the business name, registered office and address of the place of management of the operator, if a legal person, as the case may be;
2. a description of the installation, the principal parameters thereof and the greenhouse gas emissions which are released there from;
3. monitoring requirements, specifying the monitoring methodology and frequency, in accordance with the ordinance referred to in Item 1 of Article 131k herein;
4. reporting requirements in accordance with the ordinance referred to in Item 1 of Article 131k herein;
5. an obligation to surrender allowances equal to the total quantity of emissions from the installation in each calendar year, as verified in accordance with the ordinance referred to in Item 1 of Article 131k herein, within four months following the end of that year.
(2) The competent authority shall issue the permit referred to in Paragraph (1) within six months after the date of receipt of the application of the operator referred to in Article 131e herein.
(3) The competent authority shall refuse to issue a permit referred to in Paragraph (1) where:
1. the operator of the installation has submitted a deficient application under Article 131e herein and has failed to complement the said application within fourteen days according to the directions of the competent authority;
2. judging from the content of the application as submitted, the operator is incapable of ensuring the required monitoring and reporting.
Article 131g
(New, SG No. 77/2005)
(1) The competent authority shall review the permit in the event of a change in the operation of the installation.
(2) After a review of the permit, the competent authority shall confirm or modify the permit.
Article 131h
(New, SG No. 77/2005)
(1) The operators of installations holding a greenhouse gas emissions permit shall be obligated, by the 30th day of April, to surrender to the competent authority referred to in Article 131j herein a specific number of allowances equal to the total quantity of emissions released from the said installation during the preceding calendar year by means of submission of the verified report referred to in Article 131k herein.
(2) Any operator, who or which has not met the obligations thereof to surrender allowances under Paragraph (1), shall be obligated to surrender to the competent authority the deficient allowances during the subsequent year.
(3) Allowances shall be valid for emissions released during the period of validity of the relevant National Allocation Plan.
(4) Any allowances issued by a competent authority of a Member State of the European union or of a third country, according to a treaty or an agreement whereto the Republic of Bulgaria is a party, shall be recognized for the purpose of meeting the obligation of the operator referred to in Paragraph (1).
(5) (Supplemented, SG No. 99/2006) Emission reduction units and certified emission reduction units, issued according to the United Nations Framework Convention on Climate Change and the Kyoto Protocol , shall be recognized for the purpose of meeting the obligation of the operator referred to in Paragraph (1) with the exception of those generated as a result of:
1. (new, SG No. 99/2006) the functioning of nuclear installations;
2. (new, SG No. 99/2006) land use activities, change in land use and forestry.
(6) Four months after the beginning of each five-year period, the allowances which are no longer valid and have not been surrendered or cancelled shall be cancelled by the competent authority referred to in Article 131j herein.
(7) The competent authority referred to in Article 131j herein shall issue allowances to the operators of installations holding a greenhouse gas emissions permit for the current period to replace all allowances held by the said operators which are cancelled according to the procedure established by Paragraph (6).
(8) (New, SG No. 99/2006, effective until 31.12.2012) project activities leading to the generation of emissions reduction units and certified emissions reduction units shall be implemented under in compliance with following conditions:
1. in cases of direct reduction or restriction in the amount of emissions as a result of project activities in installations as in Article 131c, paras. 1 and 2, revoking the same number of permits from the total amount of permits of the installation;
2. in cases of indirect reduction or restriction in the amount of emissions as a result of project activities As in Article 131c, paras. 1 and 2, revoking the same number of permits from the National Register;
Article 131i
(New, SG No. 77/2005)
(1) The operators of installations referred to in Article 131c (1) and (2) herein shall be obligated to prepare an annual report on the emissions released from the installation during the preceding year and to submit the said report to the competent authority referred to in Article 131j herein immediately after verification of the said report.
(2) The reports shall be verified in accordance with Item 2 of Article 131k herein.
(3) An operator whose report has not been verified by the 31st day of March for emissions during the preceding year cannot make transfers of allowances until verification of the report of the said operator.
(4) The operators shall be obligated to inform the competent authority of any change in the operation of the installation.
Article 131j
(New, SG No. 77/2005)
(1) (Supplemented, SG No. 99/2006) The Minister of the Environment and Water or an official authorized thereby shall keep a National Register to keep account of the issuance, ownership, transfer and cancellation of greenhouse gas emission permits in compliance with the requirements set out in regulation No. EC 2216/2004 of the European Commission.
(2) The data of the register referred to in Paragraph (1) shall be transmitted to the European Independent Transaction Log recording the issue, transfer and cancellation of allowances.
(3) (New, SG No. 99/2006) Participants in the scheme as set out in Article 131a shall pay a register entry fee in accordance with para. 1 In accordance with the rates set out in Article 72.
Article 131k
(New, SG No. 77/2005)
The Council of Ministers shall issue ordinances establishing:
1. the procedure and manner for the issuance and review of greenhouse gas emissions permits and for monitoring by the operators of installations participating in the scheme for greenhouse emission allowance trading;
2. the terms, procedure and manner for preparation of the reports and for verification of the reports of the operators of installations participating in the scheme for greenhouse emission allowance trading;
3. the procedure and manner of functioning of the National Register for the accounting of the issuance, holding, transfer and cancellation of greenhouse emission allowances.
Article 131l
(New, SG No. 99/2006)
(1) (Effective until 31.12.2012) The Minister of the Environment and Water shall approve activities under projects generating emissions reductions in accordance with the United Nations Framework Convention on Climate Change and the Kyoto Protocol, and shall account for the reduced greenhouse gas emissions generated by them in the National Register in accordance with Article 131k, para. 1.
(2) The Minister of the Environment and Water shall issue instructions for the approval of projects generating emissions reduction units and certified emissions reductions units in accordance with the following:
1. resolutions adopted in accordance with the United Nations Framework Convention on Climate Change and the Kyoto Protocol;
2. European Union law in the field of climate change;
3. international criteria and instructions for hydro-electric power generation installations with a capacity exceeding 20 MW, in particular those contained in the report of the World Commission on Dams entitled "Dams and Development: A New Framework for Decision Making";
4. non-admission of unfavourable environmental and social impacts in cases of project activities involving hydro-electric power generation installations with a capacity exceeding 500 MW.
(3) The Minister of the Environment and Water shall account for greenhouse gas emissions reductions units generated by approved project activities in the National Register as in Article 131k, para. 1 in accordance with Regulation No. EC 2216/2004.
Article 132
(1) Organizations may assume voluntary commitments with regard to environmental protection in:
1. implementation of the activities thereof;
2. development, production, offering and use of products of the activities thereof.
(2) To encourage organizations to assume voluntary commitments with regard to environmental protection, there shall be established:
1. a National Eco-management and Audit scheme;
2. a National Eco-label Award Scheme.
(3) The purpose of the schemes referred to in Paragraph (2) shall be to certify, according to specified criteria, the organizations and/or the products thereof and to register or mark the said organizations and/or products in an appropriate manner.
Article 133
(1) By applying the National Eco-management and Audit Scheme, a sustained improvement in the performance of the various organizations is achieved in terms of both environmental protection and provision of relevant information to the public and other parties concerned.
(2) A sustained improvement in the environmental protection performance of the organizations shall be implemented by means of:
1. implementation and application of environmental management systems;
2. systematic, objective and periodic evaluation of the efficiency of the systems referred to in Item 1;
3. discussion with the public of the environmental performance of the organization;
4. active involvement of the staff in the environmental management systems.
Article 134
The Ministry of Environment and Water shall keep a public register of the organizations which satisfy the requirements of the National Eco- management and Audit Scheme.
Article 135
(1) The inspection of the organizations for compliance with the registration requirements under the National Eco-management and Audit Scheme shall be carried out by independent verifiers accredited by the Bulgarian Accreditation Service Executive Agency.
(2) The Executive Agency referred to in Paragraph (1) shall keep a public register of independent accredited verifiers.
Article 136
The management authorities, the competencies thereof, as well as the requirements to organizations and the procedure for registration under the National Eco-management and Audit Scheme, shall be determined by a regulation of the Council of Ministers.
Article 137
(1) The objective of the National Eco-label Award Scheme shall be to promote development, production, distribution and use of products which have the potential to reduce adverse environmental impacts in comparison to other products of the same product group.
(2) The National Eco-label Award Scheme shall be implemented by means of:
1. provision of accurate, non-misleading and scientifically based information to consumers on such products;
2. identification of the environmental impacts resulting from the interactions of products with the environment, including the use of energy and natural resources, during the life cycle of the product.
Article 138
The introduction of the National Eco-label Award Scheme shall be harmonized with other existing labelling schemes or agreements on quality certification.
Article 139
(1) The scope of application of the National Eco-label Award Scheme, the terms and a procedure for Eco-label award, the type and manner of using the said label shall be established by a regulation of the Minister of Environment and Water.
(2) (Amended, SG No. 77/2005) The eligibility criteria of products of a certain group for the award of Eco-label shall be established by orders of the Minister of Environment and Water which shall be promulgated in the State Gazette.
Article 140
(Amended, SG No. 31/2007)
The National Eco-label Award Scheme shall not apply to any medicinal products within the meaning given by Medicinal Products in Human Medicine Act and medical goods which are solely intended for professional use or for administration by prescription or under the control of medical personnel, nor to any foodstuffs and beverages.
Article 141
The products which are awarded Eco-label must satisfy the requirements of the legislative acts for safety, protection of human health and environment protection.
Article 142
Participation of organizations in the National Eco-management and Audit Scheme and in the National Eco-label Award scheme shall be voluntary.

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