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(1) Any violation of this Act, which do not constitute a criminal offence, shall be punishable by a fine of BGN 100 or
exceeding this amount but not exceeding BGN 6,000, in the case of natural persons, regional governors, municipality mayors,
ward mayors, mayoralty mayors and officials, and by a pecuniary penalty of BGN 1,000 or exceeding this amount but not
exceeding BGN 20,000, in the case of juristic persons and sole traders.
(2) The fine or pecuniary penalty under Paragraph (1) shall be imposed in a double for a repeated violation.
(3) Manifestly minor cases of violation committed by natural persons shall be punishable by a fine of BGN 100.
Article 163
(1) (Redesignated from Article 163, SG No. 77/2005, amended, SG No. 103/2009) Any member or team leader of a
team referred to in Article 83 (1) herein, who violates Article 83 (5) herein, shall be liable to a fine of BGN 1,000 or exceeding
this amount but not exceeding BGN 10,000, unless subject to a severer penalty.
(2) (New, SG No. 77/2005, amended, SG No. 52/2008) Anyone who uses the marking of the Community eco-label
award scheme for products of his, her or its own and for technical or advertising materials connected therewith without having
the right to do so shall be liable to a fine or a pecuniary penalty, as the case may be, of BGN 1,000 or exceeding this amount
but not exceeding BGN 5,000.
(3) (New, SG No. 77/2005) The fine or pecuniary penalty, as the case may be, shall be imposed in a double amount for
a repeated violation.
Article 164
(1) (Redesignated from Article 164, SG No. 52/2008) A pecuniary penalty of BGN 10,000 or exceeding this amount
but not exceeding BGN 100,000 shall be imposed on any legal-person or sole-trader operator of a facility for any failure to
comply with the requirements established by Article 125 herein.
(2) (New, SG No. 52/2008, amended, SG No. 42/2011) A pecuniary penalty to the amount of BGN 2,000 or
exceeding this amount but not exceeding BGN 5,000 shall be imposed on any legal-person or sole-trader operator of a facility
for any failure to comply with the requirements of Article 125a herein.
Article 164a
(New, SG No. 77/2005, amended, SG No. 46/2010, effective 18.06.2010)
(1) A pecuniary penalty to the amount of BGN 200 for each tonne of carbon dioxide equivalent, for which an installation
operator or aircraft operator has not surrendered allowances and has thus failed to comply with the requirements of Article
131h (1) herein, shall be imposed on any such operator, whether a legal person or a sole trader.
(2) Payment of the pecuniary penalty referred to in Paragraph (1) shall not exempt the operator from the obligation to
surrender the deficient quantity of allowances during the subsequent year.
Article 164b
(New, SG No. 52/2008)
A fine or a pecuniary penalty equivalent to the double amount of the unpaid eco-fee for the motor vehicle shall be
imposed on the natural or legal person for any failure to comply with the requirements of Article 56a (1) herein.
Article 164c
(New, SG No. 46/2010, effective 18.06.2010)
(1) In the event that an aircraft operator fails to comply with the requirements of Articles 131c, 131h, 131i and 164a
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herein and compliance therewith cannot be enforced by other action, the competent authority referred to in Article 131a (3)
herein may request the European Commission to decide on the imposition of an operating ban on the aircraft operator
concerned.
(2) Any request referred to in Paragraph (1) shall include:
1. evidence that the aircraft operator has not complied with the obligations thereof under Articles 131c, 131h, 131i and
164a herein;
2. details of the enforcement action which has been taken by the competent authority;
3. a justification for the imposition of an operating ban at Community level;
4. a recommendation for the scope of an operating ban at Community level, as well as any other conditions that should
be applied.
(3) In case the Commission makes a decision regarding the request referred to in Paragraph (2), the competent
authorities shall take the action necessary for the implementation of the said decision.
(4) The competent authorities shall send information on the action taken under Paragraph (3) to the European
Commission.
Article 165
(1) Any official, who shall deny access to the site or area to a controlling authority conducting an on-site inspection,
measurement or taking a sample, will be liable to a fine of BGN 2,000 or exceeding this amount but not exceeding BGN
20,000.
(2) A pecuniary penalty of BGN 2,000 or exceeding this amount but not exceeding BGN 20,000 shall be imposed on
any juristic person or sole trader in the cases where any factory or office worker employed thereby shall commit a violation
under Paragraph (1), irrespective of whether the controlling authority is in a position to establish the identity of any such factory
or office worker.
Article 166
The sanctions provided for under Article 165 herein shall furthermore be imposed on any person who:
1. fails to submit the available self-monitoring data to the controlling authorities;
2. fails to comply with the conditions set in the permits and in the EIA decisions;
3. (amended, SG No. 77/2005, supplemented, SG No. 103/2009) fails to implement the prescriptions given in the
individual administrative acts and the memoranda of ascertainment under Article 155 or 157b herein as issued by the Minister
of Environment and Water, the RIEWs directors, the basin directorate directors, the national park directors, or by officials
authorized thereby.
Article 166a
(New, SG No. 77/2005)
(1) Any natural or legal person, who or which carries out an activity without holding a permit referred to in Article 104
(1) herein or without a decision modifying the permit referred to in Item 2 of Article 116e (1) herein, in the cases where such
permit or decision is required, shall be liable to a fine or a pecuniary penalty, as the case may be, of BGN 30,000 or exceeding
this amount but not exceeding BGN 100,000, unless subject to a severer penalty.
(2) Any natural or legal person, who or which fails to comply with the conditions provided for in a permit referred to in
Article 104 (1) herein or in a decision referred to in Item 2 of Article 116e (1) herein, or who or which fails to fulfil the
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obligations referred to in Item 1 of Article 115 and Article 116h (1) herein, shall be liable to a fine, unless subject to a severer
penalty, or to a pecuniary penalty, as the case may be, of BGN 10,000 or exceeding this amount but not exceeding BGN
20,000.
(3) Any natural or legal person, who or which fails to fulfil the obligations referred to in Article 116a (1) and (2) herein,
shall be liable to a fine, unless subject to a severer penalty, or to a pecuniary penalty, as the case may be, of BGN 5,000 or
exceeding this amount but not exceeding BGN 10,000.
(4) Any natural or legal person, who or which fails to comply with the time limits provided for in Article 108 (1), Article
116a (3) and (4), Item 1 of Article 116c (1) and Item 1 of Article 116c (2) herein, shall be liable to a fine or a pecuniary
penalty, as the case may be, of BGN 2,000 or exceeding this amount but not exceeding BGN 5,000.
Article 166b
(New, SG No. 46/2010, effective 18.06.2010)
(1) Any natural or legal person, who or which exports metallic mercury and/or compounds and mixtures thereof referred
to in Article 1, paragraph 1 of Regulation (EC) No 1102/2008 or who of which mixes metallic mercury with other substances
for the sole purpose of export of metallic mercury, shall be liable to a fine or to a pecuniary penalty, as the case may be, of
BGN 50,000 or exceeding this amount but not exceeding BGN 100,000.
(2) Any natural or legal person, who or which carries out an activity under Article 2 of Regulation (EC) No 1102/2008,
who fails to comply with the provisions or who provides untrue information under Article 5, paragraph 3 and Article 6 of
Regulation (EC) No 1102/2008, shall be liable to a fine or to a pecuniary penalty, as the case may be, of BGN 3,000 or
exceeding this amount but not exceeding BGN 10,000.
Article 167
(Supplemented, SG No. 77/2005)
The written statements whereby administrative violations under this Act are ascertained shall be drawn up by officials
designated by the Minister of Environment and Water or by officials or, respectively, by the RIEW directors, the basin
directorate directors or the national park directors.
Article 168
(Supplemented, SG No. 77/2005)
The penalty decrees under this Act shall be drawn up according to the procedure established by the Administrative
Violations and Sanctions Act and shall be issued by the Minister of Environment and Water or by persons empowered thereby,
by the RIEW directors, the Basin Directorate directors or the National Park directors.
Article 169
(1) The written statements ascertaining administrative violations under this Act may furthermore be drawn up by
representatives of any public and of non-governmental ecologist organizations designated by the Minister of Environment and
Water.
(2) The penalty decrees under Paragraph (1) shall be issued by The Minister of Environment and Water or by persons
empowered thereby.
Chapter Eleven
CIVIL LIABILITY
Article 170
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(1) Any person, who shall culpably inflict environmental pollution or damage on another, will be obliged to indemnify the
aggrieved party.
(2) In cases where assets constituting state property has been damaged, the party empowered to bring an action under
Paragraph (1) shall be:
1. the Minister of Environment and Water, if the detriment extends over the territory of multiple administrative regions;
2. the competent Regional Governor, if the detriment extends over the territory of multiple municipalities.
(3) In cases where assets constituting municipal property have been damaged, the municipality mayor shall be
empowered to bring the action under Paragraph (1).
Article 171
The aggrieved parties under Article 170 (1) and (2) herein may bring action against the offender for cessation of the
violation and for elimination of the consequences of pollution occurred.
Article 172
The consequences caused by transboundary environmental pollution shall be eliminated in pursuance of an international
treaty whereto the Republic of Bulgaria is a party.
SUPPLEMENTARY PROVISIONS
§ 1. Within the meaning of this Act:
1. "Environment" shall be a complex of natural and anthropogenic factors and media in a state of mutual dependence,
which affect the ecological balance and the quality of life, human health, and cultural and historical heritage.
2. "Environmental protection" shall be a complex of activities intended to prevent degradation of the environment, the
rehabilitation, conservation and improvement thereof.
3. "Natural resources" shall be the elements of biotic and abiotic nature used or useable by man to satisfy the needs
thereof.
4. "Renewable resources" shall be the resources which naturally replenish themselves or which may be replenished in
whole or in part by special activities and whose replenishability t rates comparable to the rates of the exploitation thereof is
regarded as proven. All other resources shall be non renewable.
5. "Environmental pollution" shall be the change in environmental quality as a result of the occurrence and introduction of
physical, chemical or biological factors from a natural or anthropogenic source inside or outside Bulgaria, irrespective of
whether the effective national limit values are exceeded.
6. "Environmental damage" shall be any modification of one or several of the media comprising the environment which
leads to deterioration of the quality of human life, reduction of biological diversity, or difficult restoration of natural ecosystems;
7. "Available primary information" shall be the information presenting the results of measurements, tests, observations and
other such activities not accompanied by analyses, forecasts and explanations, which is collected within the scope of the
obligations of the competent administration, without being expressly requested by a person concerned.
8. "Available pre-processed information" shall be the information which is processed, summarized and analyzed within the
scope of the obligation of the competent administration, without being expressly requested by a person concerned.
9. "Expressly processed information" shall be the information collected or processed, summarized and analyzed at the
request of a person concerned.
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