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Varadinov & Co.
Legal Bulletin

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State Gazette, issue 81 /October 15th, 2019
Amendments in the law are envisaged to strengthen the control over the purity of the ambient air. Where the operator of an active combustion plant demonstrates to the competent authority that the relevant emission limit values are technically and economically not feasible for an individual installation, the competent authority may release it from the obligation to comply with those standards by designating new ones.The exemption from the obligation to comply with the applicable standards shall be exercised by a decision of the director of the respective Regional Inspectorate of Environment and Water in accordance with a model approved by the Minister of Environment and Water for installations not covered by Annex 4 to Art. 117, para. 1 of the Environmental Protection Act, or with the complex permit issued pursuant to Chapter Seven of the Environmental Protection Act. Operators may only be exempted from compliance, provided that this does not pose a significant risk to human health or the environment. Operators wishing to be exempted from compliance shall demonstrate that: 1. the operation of the installations concerned involves the application of certain best available techniques or a combination of those to limit the emissions of volatile organic compounds in the performance of the categories of activities involved; 2. have an approved solvent management plan from the previous year; 3. provide up-to-date work environment analysis protocols; 4. present up-to-date test reports, accompanied by protocols for measurements of harmful substances discharged into the ambient air from stationary sources, where applicable to the installation; 5. comply with the legislation on environmental protection and human health. The Minister of Environment and Water has agreed in advance all decisions on these applications.
Persons who release liquid fuels within the meaning of the Excise Duty and Tax Warehouses Act, in the case of blending biofuels with petroleum fuels, are required to produce for each batch a declaration of compliance with the quality requirements set out in the Ordinance on Art. 8, para. 1 which accompanies liquid fuels in the placing on the market, distribution, transport and use. In the case of non-mixing at release for consumption, the persons shall submit the declaration already released for the batch. Final distributors shall be obliged to affix: 1. a marking according to § 1, item 25 of the supplementary provisions; 2. in a visible and accessible to the consumer place information on the type of fuel, quality requirements specified in the ordinance under Art. 8, para. 1, and a declaration of conformity for the lot to be distributed.
Operators of large and medium-sized solid fuel and / or biomass combustion plants with a total rated thermal input of 20 MW or more shall use a video surveillance and control system for all fuel supply points to the boiler plant at the locations of the direct supply of fuel in the boilers to each installation, as well as the common storage space for the fuel. The CCTV system must provide: 1. real-time monitoring of the type of fuel supplied by stationary installation of video cameras at all points of supply of fuel to the boiler shop of each installation, as well as at the common storage location of the fuel; 2. real-time visual control, with the camcorders positioned in such a way that the type of fuel used can be easily and clearly captured; 3. continuous recording of graphic images (video images) on a digital logger-server, allowing confirmation of the events (captured) events; 4. keeping the records under item 3 for a period of not less than 6 months. Operators shall, at their own expense, provide remote access to the relevant Regional Inspectorate of Environment and Water in whose territory the installation is located and to the local authorities for real-time video images and the ability to view information stored in the system remotely. Operators are required to limit and prevent any manipulation or other undue influence on the system and its components. Operators shall, on request, provide copies of the video recordings to control bodies, including local authorities. When carrying out the verification, the operators shall provide the control authorities, including the local authorities, with all stored information from the CCTV system. Photos and videos from the CCTV system may be used as evidence or on its own material evidence to identify and prove violations of environmental legislation.
In cases of contesting the results of testing of samples of liquid fuels, the procedure for dispute settlement according to the ordinance under Art. 8, para. 1, and within 7 days of receipt of the test report (s) and the test report (s), the interested party pleads contesting the results. The costs of contesting the results shall be borne by the party concerned and the time limit for the conclusion of the dispute shall be two months after the contestation is filed. When the control bodies find that the liquid fuel at a service station complies with the requirements of the Law on the purity of the ambient air, but does not meet the requirements of Art. 47 of the Renewable Energy Act, the same shall not be withdrawn from the market if the end distributor takes action to bring it into compliance by mixing the available fuel quantities of the gas station with a batch of fuel allowing it to comply. The adaptation of the fuel to the requirements shall be evidenced by a sample of the mixed fuel, taken by the control bodies and tested in an accredited laboratory according to the indicators specified in the ordinance under Art. 8, para. 1, the cost of the test being borne by the end distributor. The accredited laboratory test report must contain all the information necessary to identify the sample taken. The inspection bodies shall, on the basis of the test report, carry out an examination of compliance with the requirements of the Renewable Energy Act and the Atmospheric Cleanliness Act and, in case of non-compliance, the liquid fuel shall be withdrawn from the market. Where the control authorities do not ascertain the biofuel content of the gas station’s liquid fuel, the same shall be withdrawn from the market. More stringent rules have been introduced to control the efficiency of the systems through inspections by the chairman of the Bulgarian Institute of Metrology or by legal entities authorized by him, and the administrative-penal sanctions for violations of the law have been increased.
Higher effectiveness in combating trafficking in human beings is envisaged by changes to the law of the same name. Shelters for temporary accommodation of victims of trafficking in human beings and shelters for subsequent reintegration are established for the purpose of the activity and its purposes. State budget funds are provided for opening and maintaining the shelters. Non-governmental organizations can support the activities within the funds they manage. The Chairperson of the National Committee for Combating Trafficking in Human Beings at the Council of Ministers will be the Deputy Prime Minister designated by a Cabinet decision. The committee includes the Deputy Minister of Foreign Affairs, the Deputy Minister of Labor and Social Policy, the Deputy Minister of the Interior, the Deputy Minister of Justice, the Deputy Minister of Health, the Deputy Minister of Education and Science, the Deputy - Chairman of the State Agency for the Protection of the Child, Vice-Chairman of the Central Commission for combating the anti-social manifestations of minors, designated by the respective ministers and chairs. At the meetings of the National Commission, under the conditions and in the order determined by the regulations under para. 6, representatives of non-profit legal entities and international organizations with representative offices in the country, which carry out activities to prevent and protect victims of trafficking in human beings, may participate.
The National Commission has the status of a national reporting body within the meaning of Art. 19 of Directive 2011/36 / EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims. The composition of the local commissions for combating human trafficking in the municipalities is from 3 to 7 members and is determined by order of the mayor. The Vice-Mayor is appointed Chairman. The local commissions include representatives of the municipal administration responsible for education, health and social policy issues, the local commission for combating the anti-social manifestations of minors, the child protection departments of the Social Assistance Directorates, the police, non-governmental organizations, as well as educators, psychologists, lawyers, doctors and others. A prosecutor from a district prosecutor’s office also participates in the meetings of the local commissions. Local committees appoint a secretary. The remuneration of the Secretary shall be determined by the Mayor under the conditions and in the manner determined by the Regulations under Art. 4, para. 6. The support of the local commissions is provided by the budget of the National Commission.
The Chairman of the National Commission submits to the Council of Ministers an annual report on its activities. The powers of the National Commission, which will coordinate the implementation of the national policy and strategy in the field of combating trafficking in human beings and the implementation of the National mechanism for directing and assisting victims of trafficking, have been specified. trafficking in human beings. In order to fulfill its powers and as a national reporting authority, it requires and receives information from other state bodies, individuals and legal entities, as well as from non-governmental organizations relevant to the fight against trafficking in human beings. Changes in the powers of local committees in support of the activities of the National Commission are also analogous.
Shelters for temporary accommodation for victims of trafficking in human beings and shelters for subsequent reintegration shall be opened: 1. by the National Commission, either on its own initiative or on the proposal of local commissions or municipalities; 2. by natural persons and non-profit legal entities, which provide shelter to the victims of trafficking in human beings, after being entered in a register with the National Commission under the conditions and in the order determined by the regulations under Art. 12. The shelters shall accept persons who have stated that they have been victims of trafficking in human beings. The acceptance shall be made at their request for a period of not less than 30 days under the conditions and by the order of this law and the regulations under Art. 12.
The term of accommodation may be extended at the proposal of the appropriate shelter, local commissions, pre-trial authorities or the court, if the person so wishes.
Temporary shelters provide normal conditions of residence and personal hygiene; provide food and medicines to the accommodated; provide emergency medical and psychological assistance; assist the detainees in contacting their relatives, as well as with specialized agencies and organizations; provide free legal aid and appropriate language assistance if the accommodated person does not speak Bulgarian.
The shelters for subsequent reintegration provide normal conditions of residence and personal hygiene; support the social inclusion of victims of trafficking in human beings.
The National Commission establishes centers for the protection and assistance of victims of trafficking in human beings. The centers provide information on the administrative and judicial procedures governing the assistance and protection of victims of trafficking in human beings, in a language understandable to them; provide specialized psychological and medical assistance; support the reintegration of the victim into the family and social environment. The funds for the functioning of the centers are provided by the budget of the National Commission. State authorities, commissions, centers and shelters, within their competence, are obliged to render protection and assistance to persons who are victims of trafficking in human beings, without allowing direct or indirect discrimination, privileges or restrictions based on nationality, origin, ethnicity, personal status, gender, sexual orientation, race, age, political and religious beliefs, membership in trade unions and other social organizations and movements, family, social and material status and presence of mental and physical disabilities. The diplomatic missions and consular posts of the Republic of Bulgaria abroad, in cooperation with the administration of the National Commission and in the manner established by the National Mechanism for Targeting and Assistance to Victims of Trafficking in Human Beings, provide assistance and assistance to Bulgarian citizens, victims of human trafficking, for their return to the country. The child protection authorities designated by the Child Protection Act take the necessary measures to protect the child victim of trafficking in human beings in order to guarantee his or her rights.