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10. "Collection of information" shall be the actions of the competent administrations and of the obligated natural and

juristic persons, whereby the facts constituting primary information are measured, ascertained and observed and whereby the

information is processed.

11. "Reporting of information" shall be the act of delivery of the information by the obligated person to the competent

administration or to the competent authority.

12. "Provision of information" shall be the act whereby the parties concerned are granted access to the available

information.

13. "Landscape" shall be an area whereof the specific aspect and elements have emerged as a result of actions and

interactions between natural and/or human factors.

14. "Soil" shall be the upper layer of the Earth's crust in so far as it is the exponent of soil functions, including liquid

components (soil solution) and gaseous components (soil air), excluding ground water, river channels and bottoms of water

basins;

15. "Soil functions" shall be:

a) basis for life and living space for human beings, animals, plants and soil organisms;

b) an element of the natural balance, especially with the hydrological and nutrient cycles thereof.

16. "Harmful soil modifications" shall be the disturbance of the soil functions causing significant harm and damage to the

individual and to the community in general:

a) chemical pollution in excess of the maximum permissible quantities with heavy metals and metaloids, resistant organic

pollutants, pesticides and oils, including salinization and acidification;

b) pollution with fresh fertilizer residues and concentrated mineral fertilizers, as well as with various types of waste;

c) physical degradation, such as water and wind erosion with the anthropogenic aspects thereof, waterlogging and

swamping, consequences of burning of stubble and plant residue.

17. (Amended, SG No. 77/2005) "Development proposal" shall be:

(a) the predesign (predevelopment) studies or the design terms of reference in connection with a request to authorize

development-project designing for new construction, activity, technology or building of installations or schemes;

(b) other interventions in the natural surroundings and landscape, including those involving the extraction of mineral

resources.

18. "Impact" shall be any direct effect on the environment that may be caused by the implementation of a development

proposal for construction, activity or technology, including the effect on human health and safety, flora, fauna, soil, air, water,

climate, landscape, historical monuments and other physical structures or the interaction among these factors.

19. "Transboundary impact" shall be any impact, not exclusively of a global nature, within an area under the jurisdiction of

a country, caused by a proposed activity the physical origin whereof is situated wholly or in part within an area under the

jurisdiction of another country.

20. (Amended, SG No. 77/2005) "Initiator of a development proposal" shall be a public authority, a natural or a legal

person, who or which, according to the procedure of a special law, a statutory instrument or administrative act, has rights to

initiate a development proposal or to apply for approval of a development proposal.

21. (Amended, SG No. 77/2005) "Initiator of a plan or programme" shall be the person or the authority who or which is

empowered to commission the preparation of the said plan or programme.

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22. "Plans and programmes" shall be plans, programmes, strategies and other similar documents, as well as the alterations

thereof, which:

a) are required by statutory, regulatory or administrative provisions;

b) are subject to preparation and/or adoption by a public authority at national, regional or local level or are prepared by a

competent authority for adoption according to a procedure approved by the Council of Ministers or the National Assembly.

23. "States concerned in a transboundary context" shall be the Party of origin of an environmental impact and the other

Parties to the Convention on Environmental Impact Assessment in a Transboundary Context affected by the said impact.

24. "Public" shall be one or more natural or juristic persons and the associations, organizations or groups thereof,

established in accordance with national legislation.

25. (Supplemented, SG No. 77/2005) "The public concerned" shall be the public referred to in Item 24, which is

affected or is likely to be affected by, or which has an interest in, the procedures for approval of plans, programmes,

development proposals, and in the decision-making process on the issuance or updating of permits according to the procedure

established by this Act, or in the conditions set in the permits, including the non-governmental organizations promoting

environmental protection which are established in accordance with national legislation.

26. "Zero alternative" shall be the possibility not to implement the activity provided for in the development proposal.

27. "Non-technical summary" shall be a brief presentation of the information in the EIA statement in a language

comprehensible to the general public of a length not less than 10 per cent of the length of the statement and containing the

requisite visuals (maps, photographs, charts).

28. (Amended, SG No. 77/2005, repealed SG No. 47/2009, effective 23.06.2009)

29. (Amended, SG No. 77/2005, SG No. 103/2009) "Installation" shall be a technical within an establishment in which

dangerous substances are produced, used, handled or stored. It shall include all the equipment, structures, pipework,

machinery, tools, private railway sidings (internal railway tracks), docks, unloading quays (port terminals) serving the

installation, jetties, warehouses or similar structures, floating or otherwise, necessary for the operation of the installation.

29a. (New, SG No. 77/2005, supplemented, SG No. 103/2009) "Storage of dangerous substances" shall be the

warehousing or depositing in safe custody of dangerous substances present in the establishment and/or the installation.

29b. (New, SG No. 77/2005) "Domino effect" shall be the increase of the likelihood and the possibility or the

consequences of a major accident at an establishment and/or installation or at a group of establishments and/or installations

because of the geographical proximity to another establishment and/or installation or to a group of establishments and/or

installations or consequent to the dangerous substances which are produced, used and/or stored within the area of the said

establishment and/or installation.

29c. (New, SG No. 77/2005) "Establishments serving the public" shall be:

(a) creches and kindergartens and specialized institutions providing social services to children and schoolchildren, schools

and higher schools, pupil and student dormitories, music, language and sports schools, and centres for work with children;

(b) medical-treatment and health-care facilities, medical offices, occupational medicine services;

(d) theatres, cinemas, concert halls;

(e) railway stations, airports, ports, bus stations;

(d) office buildings and public buildings.

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29d. (New, SG No. 77/2005) "Measures necessary to prevent major accidents" shall be the technical, organizational and

managerial measures necessary for the safe operation of the establishment and/or installation.

30. "Environmental impact assessment decision" shall be an individual administrative act of the competent authority

covered under Article 94 herein whereby the admissibility of design of an development proposal under Item 17 is approved by

means of assessment of the location (building site, road bed) of the sites and of the expected environmental impact on the basis

of an EIA statement, taking into account the public opinion and the observations expressed by the public concerned.

30a. (New, SG No. 77/2005) "Environmental nuisances" shall be the disturbance and inconvenience created by the

environmental factors, determined according to studies in this field.

31. "Enterprise" shall be the whole area and the sites therein under the control of an operator, where dangerous chemical

substances or preparations are present in one or more facilities, including common or related infrastructures or activities.

32. "Substance" shall be any chemical element or compound with the exception of the substances which are sources of

ionizing radiation within the meaning of Item 15 of § 1 of the Safe Use of Nuclear Energy Act.

33. "Industrial pollution" shall be any direct or indirect entry, resulting from human activities, into the air, water or soil of

substances, vibrations, heat radiation or noise that may have a certain adverse impact on human health or on the environment,

cause damage to physical structures, limit or prevent the possibilities for use of the useful qualities of the environment and of its

other legitimate uses.

34. (Supplemented, SG No. 46/2010, effective 18.06.2010) "Facility" shall be:

(a) each individual facility according to Annex 4 hereto, including the separate technological facilities in direct technical

connection therewith and which may have an effect on the pollution, emissions and waste resulting from the operation of the

facility;

(b) any technological installation incorporating one or more facilities according to Annex 4 hereto;

permit for operation of the said facility in compliance with the provisions of Chapter Seven herein.

The facilities and installations intended for research, development or exploration activities shall be excluded from this

definition.

In the greenhouse gas emission trading scheme according to Article 131a herein, the notion of facility shall furthermore

refer to combustion units with a rated thermal input exceeding 20 MW but not exceeding 50 MW.

35. "Existing installation" shall be any installation that is commissioned or has received a favourable EIA decision in

compliance with the effective legislation prior to the effective date of this Act, provided that the said installation is commissioned

not later than one calendar year after the date of the said decision.

36. (Amended, SG No. 46/2010, effective 18.06.2010) "Emission" shall be the direct or indirect release of substances,

vibrations, heat or noise from individual or diffuse sources within a specific facility into the ambient air, water or soil or the

release of greenhouse gases from aircraft performing an aviation activity listed in Annex 6 hereto.

37. "Emission limit value" shall be the mass, expressed in terms of certain specific parameters, concentration and/or level

of an emission, which may not be exceeded during one or more pre-defined periods of time. Emission limit values may

furthermore be established for certain groups, families or categories of substances.

38. "Environmental quality standards" shall be the requirements as established in the legislative acts regulating the

environment which must be complied with at a given time by the environment or particular part thereof, such as standards of

noxious substance content in the ambient air, standards of water quality in the water bodies, standards of the quality of the

other environmental media, and standards of permissible values of the factors polluting or damaging the environment.

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39. (Amended and supplemented, SG No. 77/2005) "Integrated permit" shall be an individual administrative act granting

authorization to operate all or part of a specific facility, subject to certain conditions which guarantee that the said facility

complies with the requirements of Chapter Seven herein. A permit may cover one or more facilities or parts of facilities on the

same site, are operated by the same operator, and some of which may not fall within the scope of Annex 4 hereto.

40. "Change in operation of the facility" shall be any reconstruction involving change of the nature of the operation of the

facility, the functioning thereof or extension of the said facility that may have a certain impact on the environment.

41. (Amended, SG No. 77/2005) "Substantial change" shall be a change in operation of the facility which, in the opinion

of the competent authority, may have significant negative effects on human health or on the environment. Any change to or

increase of capacity shall be deemed to be substantial if the change of increase of capacity in itself meets the thresholds set out

in Annex 4 hereto.

42. "Best available techniques" shall be the most effective and advanced stage in the development of activities and their

methods of operation which indicate the practical suitability of particular techniques for providing in principle the basis for

emission limit values designed to prevent and, where that is not practicable, generally to reduce emissions and the impact on the

environment as a whole:

a) "techniques" shall include both the technology used and the way in which the installation is designed, built, maintained,

operated and decommissioned;

b) "available" shall be techniques developed on a scale which allows implementation in the relevant industrial sector,

under economically and technically viable conditions, taking into consideration the costs and advantages, whether or not the

techniques are used or produced inside the relevant member state, as long as they are reasonably accessible to the operator;

of protection of the environment as a whole.

43. (Amended, SG No. 77/2005, SG No. 103/2009) "Operator" shall be any natural or legal person whereto any of the

following characteristics applies:

1. operates a particular establishment, installation and/or facility of his, her or its own;

2. controls the operation of a particular establishment, installation and/or facility;

3. manages and makes decisions concerning the present or future functioning of the establishment, installation and/or

facility.

43a. (New, SG No. 46/2010, effective 18.06.2010) "Aircraft operator" shall be the person who operates an aircraft at

the time it performs an aviation activity listed in Annex 6 hereto, or where that person is not known or is not identified by the

owner of the aircraft, the owner of the aircraft.

43b. (New, SG No. 46/2010, effective 18.06.2010) "Commercial air transport operator" shall be an operator that, for

remuneration, provides scheduled or non-scheduled air transport services to the public for the carriage of passengers, freight or

mail.

43c. (New, SG No. 46/2010, effective 18.06.2010) "Administering Member State" shall be:

(a) (amended, SG No. 42/2011) the Member State of the European Union which granted the operating licence to the

aircraft operator concerned: in the case of an aircraft operator with a valid operating licence granted thereto by a Member

State of the European Union in accordance with the provisions of Regulation (EC) No 1008/2008;

(b) the Member State with the greatest estimated attributed aviation emissions from flights performed by that aircraft

operator in the base year: in all other cases.

43d. (New, SG No. 46/2010, effective 18.06.2010) "Base year" shall be the first calendar year of operation of an

aircraft operator which started operating in the Community after the 1st day of January 2006, and in all other cases, the

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calendar year starting on the 1st day of January 2006.

43e. (New, SG No. 46/2010, effective 18.06.2010) "Attributed aviation emissions" shall be the emissions from all flights

falling within the aviation activities listed in Annex 6 hereto which depart from an aerodrome situated in the territory of a

Member State, or those which arrive in such an aerodrome from a third country;

43f. (New, SG No. 46/2010, effective 18.06.2010) "Historical aviation emissions" shall be the mean average of the

annual emissions in the calendar years 2004, 2005 and 2006 from aircraft performing an aviation activity listed in Annex 6

hereto.

43g. (New, SG No. 46/2010, effective 18.06.2010) "Combustion" shall be any oxidation of fuels, regardless of the way

in which the heat, electrical or mechanical energy produced by this process is used, and any other directly associated activities,

including waste gas scrubbing.

43h. (New, SG No. 46/2010, effective 18.06.2010) "Tonne-kilometre" shall be a tonne of payload carried over a

distance of one kilometre.

43i. (New, SG No. 46/2010, effective 18.06.2010) "Distance", within the meaning of the definition under Item 43h, shall

be the great circle distance between the aerodrome of departure and the aerodrome of arrival plus an additional fixed factor of

95 kilometres.

43j. (New, SG No. 46/2010, effective 18.06.2010) "Payload", within the meaning of the definition under Item 43h, shall

be the total mass of freight, mail and passengers carried during the aviation activity.

43k. (New, SG No. 42/2011) "Fuel baseline standard" shall be the European Union-average level of life-cycle

greenhouse gas emissions per unit of energy from liquid fossil fuels used in transport in 2010.

43l. (New, SG No. 42/2011) "Transport fuel suppliers" shall be persons placing liquid transport fuels on the market and

responsible for the release of the fuel for consumption within the meaning given by the Excise Duties and Tax Warehouses Act.

43m. (New, SG No. 42/2011) "Placing on the market" shall be placing on the market within the meaning given by the

Clean Ambient Air Act.

43n. (New, SG No. 42/2011) "Persons placing liquid fuels on the market" shall be the persons within the meaning given

by the Clean Ambient Air Act.

43o. (New, SG No. 42/2011) "Life-cycle greenhouse gas emissions" shall be all net emissions of CO2, CH4 and N2O

that can be assigned to a particular liquid fuel (including any blended components thereof). This includes all relevant stages from

extraction or cultivation, including land-use changes, transport and distribution, processing and combustion, irrespective of

where those emissions occur.

43p. (New, SG No. 42/2011) "Greenhouse gas emissions per unit of energy (intensity)" shall be the total mass of CO2

equivalent greenhouse gas emissions associated with the particular liquid fuel, divided by the total energy content of the fuel

(expressed as the lower heating value of the fuel concerned).

44. "Organization" shall be a company, association, enterprise, government authority or institution, a part or a

combination thereof, incurring limited liability or enjoying another status at public or private law, which has a function and

administrative structure in its own right. In respect of organizations with multiple functional units, each unit may be defined as a

single organization.

45. "Environmental management system" shall be that part of the overall management system which includes the

organizational structure, planning activities, responsibilities, practices, procedures, processes and resources for elaboration,

implementation, attainment, review and maintenance of environmental policy.

46. "Audit of the environmental management system" shall be systematic and documented process of inspection for

objective obtaining and evaluation of evidence in order to determine whether the environmental management system of an

organization complies with the auditing criteria as established by the said organization and to notify the management of the said

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47. "Affixation of lead seals" shall be the placing of a lead seal by the controlling authority for the purpose of restricting

the access of persons to properties and facilities.

48. "Affixation of paper tapes" shall be the placing of a paper tape bearing the impression of an ink stamp by the

controlling authority for the purpose of restricting the access of persons to properties and facilities.

49. "Environmental damage resulting from past act or omission" shall be old pollution of sites or building structures on

industrial sites with dangerous substances and waste generated by industrial, agricultural, commercial or transport activity

posing a hazard to human health or to the environment.

50. "Sustainable development" shall be development meeting the needs of the present without limiting or compromising

the ability and capacity of future generations to meet their own needs. Sustainable development shall combine the two main

aspirations of society:

a) achievement of economic growth ensuring improving living standards;

b) present and future protection and improvement of the environment.

51. "Accident" shall be a sudden technological failure of machines, facilities and units involving stopping or serious

disturbance of the technological process, explosions, occurrence of fire, excessive environmental pollution, destruction,

casualties or hazard to human life and public health.

52. "Environmental monitoring" shall be the collection, evaluation and summarizing of environmental information by means

of continuous or periodic observation of certain qualitative and quantitative indicators characterizing the state of the

environmental media and the changes therein resulting from the impact of natural and anthropogenic factors.

53. "National Environmental Monitoring System" shall be a complex of measurement, analytical and information activities

intended to provide timely and reliable information on the state of the environmental media and the factors impacting the said

media, which is used for analyses, assessments and forecasts to justify activities to conserve and protect the environment and

human health against harmful impacts.

53a. (New, SG No. 77/2005, amended, SG No. 103/2009) "Substantial change to an establishment and/or installation"

shall be:

(a) changes or modifications in the operation of the establishment and/or installation planned by the operator, including

the shutting down or modification of operational installations or construction of new installations, which could have significant

repercussions on the major-accident hazard;

(b) any change in the quantity of each of the dangerous substances present in the establishment and/or installation, and/or

any introduction of new dangerous substances which reflect on the classification of the establishment and/or installation and/or

have significant repercussions on the major-accident hazard or the gravity of the consequences thereof.

operational processes in which they are employed or produced;

(d) permanent closure of the establishment and/or installation;

(e) any changes in the statutory requirements for operational safety of the establishment and/or installation which require

the use of other techniques;

54. (Amended, SG No. 77/2005, SG No. 103/2009) "Dangerous substance" shall be any substance, preparation or

mixture specifically named in Table 1 of Annex 3 hereto, or classified in at least one of the hazard categories indicated in Table

3 of Annex 3 hereto, and present as a raw material, product, by-product, residue or intermediate, including a substance which

may be generated as a result of a side reaction or upon occurrence of an accident.

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54a. (New, SG No. 77/2005, amended, SG No. 103/2009) "Major accident" shall be the occurrence of a major

emission, fire or explosion resulting from uncontrolled developments in the course of operation of any establishment which holds

a permit issued under Article 104 (1) herein and leading to a serious danger to human health and/or the environment, immediate

or delayed, inside or outside the establishment, and involving one or more dangerous substances listed in Table 1 of Annex 3

hereto or dangerous substances classified in at least one hazard category as indicated in Table 3 of Annex 3 hereto.

54b. (New, SG No. 77/2005) "Major-accident hazard" shall be any act or omission involving a dangerous substance

listed in Table 1 of Annex 3 hereto or a dangerous substance classified in at least one of the categories indicated in Table 3 of

Annex 3 hereto, which may injure human health and/or the environment.

55. "Integration of national environmental policy into sectoral policies" shall mean the reckoning with, and incorporation

of, the environmental protection requirements into the process of development, application and enforcement of the sectoral

policies as defined in Article 9 herein.

56. "Good agricultural practice" shall be the agricultural practice which is based on the principles of sustainable

development.

57. "Areas placed under a special regime of protection" shall be areas where special protective measures are introduced

for rare species of flora and fauna and for the habitats thereof.

58. (New, SG No. 77/2005) "Allowance" shall be an allowance to emit one tonne of carbon dioxide equivalent during a

specified period, which shall be valid only for the purposes of the greenhouse gas emission allowance trading scheme.

59. (New, SG No. 77/2005) "Greenhouse gases" shall be the six gases regulated by the Kyoto Protocol: carbon dioxide

(CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HCFs), perfluorocarbons (PFCs) and sulphur hexafluoride

(SF6).

60. (New, SG No. 77/2005) "Tonne of carbon dioxide equivalent" shall be one metric tonne of carbon dioxide (CO2) or

an amount of any other greenhouse gas with an equivalent global-warming potential.

61. (New, SG No. 77/2005) "Emission reduction unit" shall equal to one tonne of carbon dioxide equivalent, achieved as

a result of a Joint Implementation project under Article 6 of the Kyoto Protocol .

62. (New, SG No. 77/2005) "Certified emission reduction unit" shall equal one tonne of carbon dioxide equivalent,

achieved as a result of a Clean Development Mechanism project under Article 12 of the Kyoto Protocol .

63. (New, SG No. 77/2005) "Verification" shall be a process of independent audit and confirmation of the reliability,

truthfulness and accuracy of the monitoring system and of the data and information reported in connection with greenhouse gas

emissions.

64. (New, SG No. 99/2006) "Project activity" shall be an activity under a project in accordance with Article 6 (Joint

Implementation) and Article 12 (Clean Development Mechanism) of the Kyoto Protocol.

65. (New, SG No. 103/2009) "Incremental sanction" shall be a sanction the amount of which increases progressively in

time in the presence of legally established prerequisites for this and on the basis of an objectively determined calculation

formula.

66. (New, SG No. 46/2010, effective 18.06.2010) "Assigned amount" shall be the total quantity of greenhouse gas

emissions which is assigned to the Republic of Bulgaria under the Kyoto Protocol for the period from the 1st day of January

2008 to the 31st day of December 2012.

67. (New, SG No. 46/2010, effective 18.06.2010) "Assigned amount unit (AAU" shall be a tradable unit of the

"assigned amount" equal to one tonne of carbon dioxide equivalent.

68. (New, SG No. 46/2010, effective 18.06.2010) "Validation: shall be a process of independent audit and confirmation

of the reliability, truthfulness and accuracy of the project documents.

69. (New, SG No. 42/2011) "Electricity generator" shall be an installation that, on or after the 1st day of January 2005,

has produced electricity for sale to third parties, and which does not carry out any other activity indicated in Annex 7 hereto.

§ 2. In cases where this Act requires notification or announcement and where no express rules or the application of

expressly established procedure is provided for this, any such notification or announcement, as the case may be, shall follow the

procedure established by the Code of Civil Procedure.

§ 2a. (New, SG No. 103/2009, amended, SG No. 46/2010, effective 18.06.2010) This Act transposes the provisions

of Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances,

of Directive 2003/104/EC of the European Parliament and of the Council of 16 December 2003 amending Council Directive

96/82/EC on the control of major-accident hazards involving dangerous substances, of Directive 2008/101/EC of the

European Parliament and of the Council of 19 November 2008 amending Directive 2003/87/EC so as to include aviation

activities in the scheme for greenhouse gas emission allowance trading within the Community and of Article 1, paragraphs 10

and 13 of Directive 2009/29/EC of the European Parliament and of the Council of 23 April 2009 amending Directive

2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading scheme of the Community.

§ 2b. (New, SG No. 42/2011) This Act transposes the requirements of Directive 2009/30/EC of the European

Parliament and of the Council of 23 April 2009 amending Directive 98/70/EC as regards the specification of petrol, diesel and

gas-oil and introducing a mechanism to monitor and reduce greenhouse gas emissions and amending Council Directive

1999/32/EC as regards the specification of fuel used by inland waterway vessels and repealing Directive 93/12/EEC (OJ L

140/88 of 5 June 2009).

TRANSITIONAL AND FINAL PROVISIONS

§ 3. The Environmental Protection Act (promulgated in the State Gazette No. 86 of 1991, amended in No. 90 of 991;

No. 100 of 1992; Nos. 31 and 63 of 1995; Nos. 13, 85 and 86 of 1997; No. 62 of 1998; Nos. 2 and 67 of 1999; Nos. 26,

27 and 28 of 2000; Nos. 1 and 26 of 2001) is hereby superseded.

§ 4. The secondary legislative acts for the application of this Act shall be issued within six months after the entry of the

said Act into force.

§ 5. Until the issuance of the respective new secondary legislative acts, the secondary legislative acts issued in

pursuance of the Environmental Protection Act as superseded shall apply in so far as they do not conflict this Act.

§ 6. Until the adoption of legislative acts on the activities covered under Article 144 (1) herein, methodologies and

instructions of the Minister of Environment and Water shall apply.

§ 7. Within six months after the entry of this Act into force, the operators of installations falling within the scope of

activities listed in Annex 4 hereto shall be obliged to give notification in writing of this fact to the Ministry of Environment and

Water.

§ 8. (Amended, SG No. 105/2005) Any delinquent fees, fines and sanctions under this Act, the Water Act, the Waste

Management Act, the Medicinal Plants Act, the Protected Areas Act and the Clean Ambient Air Act shall be collected with

interest on taxes, fees and other such state receivables according to the procedure established by the Tax and Social Insurance

Procedure Code .

§ 9. (Amended, SG No. 52/2008) (1) Upon privatization, the liability for damage caused to the environment and

resulting from past acts or omissions shall be incurred by the privatized corporations or owners of self-contained parts

concerned and the restoration of the environment shall be for the account thereof.

(2) (Amended and supplemented, SG No. 42/2011) Any contracts for implementation of programmes for elimination,

upon privatization, of damage caused to the environment and resulting from past acts or omissions, which have been concluded

before the 15th day of December 2007, shall be performed according to the hitherto effective procedure. Where necessary,

any such contracts may be amended or supplemented with regard to the possibilities for implementation of the programmes.

(3) (New, SG No. 42/2011) Upon termination of any contract referred to in Paragraph (2), the programme shall be

completed under the terms and according to the procedure established by the Ordinance on the Terms and Procedure for

Determination of the Liability of the State and for Elimination, upon Privatization, of Damage Caused to the Environment as a

Result of Past Acts or Omissions, adopted by Council of Ministers Decree No. 173 of 2004 (promulgated in the State Gazette

No. 66 of 2004; corrected in No. 114 of 2004; amended in No. 65 of 2007).

§ 10. (1) Within one year after the entry of this Act into force, the municipality mayors shall elaborate the programmes

referred to in Article 79 (1) herein.

(2) Item 1 of Article 81 (1), Article 81 (3), Article 82 (1) and (4), and Section II of Chapter Six herein shall enter into

force on the 1st day of July 2004.

(3) Until the entry into force of the provisions specified in Paragraph (2), EIA of the national, functional-regional and

administrative-regional development plans and programmes, the spatial-development plans and the modifications thereof shall

be conducted according to a procedure established by a regulation of the Minister of Environment and Water.

§ 10a. (New, SG No. 77/2005) The classification of existing establishments and/or installations for safe disposal of

liquid waste, tailings ponds or slime ponds containing dangerous substances, as well as the classification of existing

establishments and/or installations whereof the activities are concerned with prospecting, exploration for, extraction and

processing of subsurface resources by means of chemical or thermal treatment whereupon dangerous substances are used, shall

be carried out not later than the 31st day of December 2006.

§ 11. (1) The requirement for issuance of an integrated permit under Chapter Seven herein shall apply to:

1. new and, in the event of change of production activities, existing installations and facilities: as from the 1st day of

January 2003;

2. existing installations and facilities: during the period commencing on the 1st day of January 2003 and concluding on the

30th day of October 2007.

(2) (Amended, SG No. 77/2005) The deadline for compliance with the conditions set in the integrated permits as issued

for existing installations shall be the 31st day of October 2007, with the exception of the cases in which another special law in

the sphere of environmental protection or the Treaty concerning the Accession of the Republic of Bulgaria to the European

Union provides otherwise.

(3) (New, SG No. 77/2005, amended, SG No. 82/2009, effective 16.10.2009) For separate units of a specific existing

large combustion plant, the deadline for compliance with the conditions set in the integrated permits as issued may be extended

until the 31st day of December 2014, where the said large combustion plant does not burn local lignite coal and, by a decision

of the Minister of Economy, Energy and Tourism or of an official authorized thereby, the said plant is obligated to compensate

part or all of the production of the decommissioned nuclear capacities and where compliance with the deadline referred to in

Paragraph (2) would lead to insurmountable difficulties for fulfilment of the production obligations of the said plant to maintain

the national energy balance.

§ 11a. (New, SG No. 77/2005) Until the issuance of an integrated permit for the operation thereof under Chapter

Seven herein, the relevant existing facilities and installations shall be subject to the condition set by the environmental impact

assessment decisions issued according to the procedure established by the Environmental Protection Act as superseded

(promulgated in the State Gazette No. 86 of 1991, corrected in No. 90 of 1991; amended in No. 100 of 1992, Nos. 31 and

63 of 1995, Nos. 13, 85 and 86 of 1997, No. 62 of 1998, Nos. 12 and 67 of 1999, Nos. 26, 27 and 28 of 2000, Nos. 1

and 26 of 2001; repealed in No. 91 of 2002).

§ 12. (Repealed, SG No. 86/2003, new, SG No. 99/2006, amended, SG No. 46/2010, effective 18.06.2010) Article

131h (9) and Article 131l (1) herein shall apply until the 31st day of December 2012.

§ 12a. (New, SG No. 47/2009, effective 23.09.2009) The time limit referred to in Article 99 herein shall start to run as

from the date of entry into effect of the EIA decisions and shall furthermore refer to the decisions issued prior to the entry into

force of the Act to Amend and Supplement the Environmental Protection Act (State Gazette No. 77 of 2005).

§ 12b. (New, SG No. 47/2009, effective 23.06.2009) (1) The EIA decisions by which development proposals have

been approved according to the procedure established by the Environmental Protection Act as superseded (promulgated in the

State Gazette No. 86 of 1991; corrected in No. 90 of 1991; amended in No. 100 of 1992, Nos. 31 and 63 of 1995, Nos.

13, 85 ? 86 of 1997, No. 62 of 1998, Nos. 12 and 67 of 1999, Nos. 26, 27 and 28 of 2000, Nos. 1 and 26 of 2001;

repealed in No. 91 of 2002) and according to the procedure established by this Act, wherein there are no changes of the

development proposal and the construction whereof has not been completed as of this Act's entry into force, at the request of

the competent authority and/or of the initiator shall be subject to review and evaluation for information updating in the analyses

and assessments performed in the EIA documentation.

(2) The procedure shall commence by consultations between the competent authority and the initiator for specifying the

scope and contents of the information whereby the EIA statement needs to be supplemented. Having specified these, the

procedure shall proceed according to the procedure established by Articles 96 to 98 and Article 99 (1) herein.

(3) Within one month after conduct of the public discussion, the competent authority shall make a decision, taking into

account the results thereof, whereby it shall:

1. confirm the EIA decision, or

2. amend and supplement the EIA decision with conditions for implementation, including measures to prevent, mitigate or

eliminate significant adverse effects on the environment, as well as deadlines for compliance, where necessary.

(4) (Amended, SG No. 103/2009) In the cases where measures and conditions in an EIA decision are changed by an

effective decision under Item 2 of Paragraph (3) and where a compatibility assessment procedure has been conducted

according to the procedure established in § 14 of the Biological Diversity Act, if necessary the competent authority may, acting

on its own initiative, amend and/or supplement the compatibility assessment decision with conditions to ensure the conservation

of protected areas, requirements and measures to prevent, mitigate or eliminate as fully as possible the assumed adverse effects

of the implementation of the development proposal.

(5) (New, SG No. 103/2009) In the cases referred to in Paragraph (4), the competent authority shall pronounce by a

decision within one month after the entry into effect of the decision referred to in Item 2 of Paragraph (3).

(6) (New, SG No. 103/2009) Any appeal lodged against decisions referred to in Paragraphs (3) and (5) shall not stay

the implementation thereof.

(7) (New, SG No. 103/2009) In case of a commenced procedure under Paragraph (1) in which no compatibility

assessment procedure has been conducted or concluded for the development proposal under consideration, Article 31 (4) of

the Biological Diversity Act shall apply.

§ 13. The Protection Against the Harmful Impact of Chemical Substances and Preparations Act (promulgated in the

State Gazette No. 10/2000) shall be amended as follows:

1. Chapter Four shall be repealed.

2. Article 31 shall be repealed.

§ 14. (Effective 1. 01. 2003) The Clean Ambient Air Act (promulgated in the State Gazette No. 45 of 1996, amended

in No. 49 of 1996; No. 85 of 1997; No. 27 of 2000; No. 102 of 2001) shall be amended as follows:

1. In Article 27:

a) in Paragraph (1), the words "the municipal authorities shall prepare and adopt" shall be replaced by "the municipality

mayors shall elaborate, and the Municipal Councils shall adopt";

b) Paragraph (2) shall be amended to read as follows:

"(2) The programmes referred to in Paragraph (1) shall be an integral part of the municipal environmental programmes

referred to in Article 79 of the Environmental Protection Act."

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