ANNEX VI
List referred to in Article 20 of the Protocol: transitional measures, Bulgaria
1. FREEDOM OF MOVEMENT FOR PERSONS
Treaty establishing a Constitution for Europe
31968 R 1612: Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for
workers within the Community (OJ L 257, 19.10.1968, p. 2), as last amended by:
— 32004 L 0038: Directive 2004/38/EC of the European Parliament and of the Council of 29.4.2004 (OJ L 158,
30.4.2004, p. 77);
31996 L 0071: Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning
the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1);
32004 L 0038: Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right
of citizens of the Union and their family members to move and reside freely within the territory of the Member Statesamending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/
EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158, 30.4.2004, p. 77).
1. Article III-133 and the first paragraph of Article III-144 of the Constitution shall fully apply only, in relation to
the freedom of movement of workers and the freedom to provide services involving temporary movement of workersas defined in Article 1 of Directive 96/71/EC between Bulgaria on the one hand, and each of the present MemberStates on the other hand, subject to the transitional provisions laid down in paragraphs 2 to 14.
2. By way of derogation from Articles 1 to 6 of Regulation (EEC) No 1612/68 and until the end of the two year
period following the date of accession, the present Member States will apply national measures, or those resultingfrom bilateral agreements, regulating access to their labour markets by Bulgarian nationals. The present MemberStates may continue to apply such measures until the end of the five year period following the date of accession.
Bulgarian nationals legally working in a present Member State at the date of accession and admitted to the labour
market of that Member State for an uninterrupted period of 12 months or longer will enjoy access to the labourmarket of that Member State but not to the labour market of other Member States applying national measures.
Bulgarian nationals admitted to the labour market of a present Member State following accession for an uninterrupted
period of 12 months or longer shall also enjoy the same rights.
The Bulgarian nationals mentioned in the second and third subparagraphs above shall cease to enjoy the rights
contained in those subparagraphs if they voluntarily leave the labour market of the present Member State in question.
Bulgarian nationals legally working in a present Member State at the date of accession, or during a period when
national measures are applied, and who were admitted to the labour market of that Member State for a period of lessthan 12 months shall not enjoy these rights.L 157/104 EN Official Journal of the European Union 21.6.2005
3. Before the end of the two year period following the date of accession, the Council shall review the functioning of
the transitional provisions laid down in paragraph 2, on the basis of a report from the Commission.
On completion of this review, and no later than at the end of the two year period following the date of accession, the
present Member States shall notify the Commission whether they will continue applying national measures or
measures resulting from bilateral agreements, or whether they will apply Articles 1 to 6 of Regulation (EEC) No 1612/
68 henceforth. In the absence of such notification, Articles 1 to 6 of Regulation (EEC) No 1612/68 shall apply.
4. Upon the request of Bulgaria, one further review may be held. The procedure referred to in paragraph 3 shall
apply and shall be completed within six months of receipt of the request from Bulgaria.
5. A Member State maintaining national measures or measures resulting from bilateral agreements at the end of
the five year period indicated in paragraph 2 may, in case of serious disturbances of its labour market or threat thereofand after notifying the Commission, continue to apply these measures until the end of the seven year periodfollowing the date of accession. In the absence of such notification, Articles 1 to 6 of Regulation (EEC) No 1612/68
shall apply.
6. During the seven year period following the date of accession, those Member States in which, by virtue of
paragraphs 3, 4 or 5, Articles 1 to 6 of Regulation (EEC) No 1612/68 apply as regards Bulgarian nationals, and whichare issuing work permits to nationals of Bulgaria for monitoring purposes during this period, will do so automatically.
7. Those Member States in which, by virtue of paragraphs 3, 4 or 5, Articles 1 to 6 of Regulation (EEC) No 1612/
68 apply as regards Bulgarian nationals, may resort to the procedures set out in the subparagraphs below until theend of the seven year period following the date of accession.
When a Member State referred to in the first subparagraph undergoes or foresees disturbances on its labour market
which could seriously threaten the standard of living or level of employment in a given region or occupation, that
Member State shall inform the Commission and the other Member States thereof and shall supply them with all
relevant particulars. On the basis of this information, the Member State may request the Commission to state that theapplication of Articles 1 to 6 of Regulation (EEC) No 1612/68 be wholly or partially suspended in order to restore tonormal the situation in that region or occupation. The Commission shall decide on the suspension and on theduration and scope thereof not later than two weeks after receiving such a request and shall notify the Council of such
a decision. Any Member State may, within two weeks from the date of the Commission's Decision, request the
Council to annul or amend the Decision. The Council shall act on such a request within two weeks, by qualifiedmajority.
A Member State referred to in the first subparagraph may, in urgent and exceptional cases, suspend the application of
Articles 1 to 6 of Regulation (EEC) No 1612/68, followed by a reasoned ex-post notification to the Commission.
8. As long as the application of Articles 1 to 6 of Regulation (EEC) No 1612/68 is suspended by virtue of
paragraphs 2 to 5 and 7 above, Article 23 of Directive 2004/38/EC shall apply in Bulgaria with regard to nationals of
the present Member States, and in the present Member States with regard to Bulgarian nationals, under the following
conditions, so far as the right of family members of workers to take up employment is concerned:
— the spouse of a worker and their descendants who are under 21 years of age or are dependants, legally residing
with the worker in the territory of a Member State at the date of accession, shall have, upon accession,immediate access to the labour market of that Member State. This does not apply to family members of aworker legally admitted to the labour market of that Member State for a period of less than 12 months;
— the spouse of a worker and their descendants who are under 21 years of age or are dependants, legally residing
with the worker in the territory of a Member State from a date later than the date of accession, but during the
period of application of the transitional provisions laid down above, shall have access to the labour market of
the Member State concerned once they have been resident in the Member State concerned for at least eighteenmonths or from the third year following the date of accession, whichever is the earlier.21.6.2005 EN Official Journal of the European Union L 157/105
These provisions shall be without prejudice to more favourable measures whether national or resulting from bilateral
agreements.
9. Insofar as provisions of Directive 2004/38/EC which take over provisions of Directive 68/360/EEC (1) may not
be dissociated from those of Regulation (EEC) No 1612/68 whose application is deferred pursuant to paragraphs 2 to
5 and 7 and 8, Bulgaria and the present Member States may derogate from those provisions to the extent necessaryfor the application of paragraphs 2 to 5 and 7 and 8.
10. Whenever national measures, or those resulting from bilateral agreements, are applied by the present Member
States by virtue of the transitional provisions laid down above, Bulgaria may maintain in force equivalent measures
with regard to the nationals of the Member State or States in question.
11. If the application of Articles 1 to 6 of Regulation (EEC) No 1612/68 is suspended by any of the present Member
States, Bulgaria may resort to the procedures laid down in paragraph 7 with respect to Romania. During any suchperiod work permits issued by Bulgaria for monitoring purposes to nationals of Romania shall be issued
automatically.
12. Any present Member State applying national measures in accordance with paragraphs 2 to 5 and 7 to 9, may
introduce, under national law, greater freedom of movement than that existing at the date of accession, including fulllabour market access. From the third year following the date of accession, any present Member State applying nationalmeasures may at any time decide to apply Articles 1 to 6 of Regulation (EEC) No 1612/68 instead. The Commission
shall be informed of any such decision.
13. In order to address serious disturbances or the threat thereof in specific sensitive service sectors on their labour
markets, which could arise in certain regions from the transnational provision of services, as defined in Article 1 ofDirective 96/71/EC, and as long as they apply, by virtue of the transitional provisions laid down above, nationalmeasures or those resulting from bilateral agreements to the free movement of Bulgarian workers, Germany and
Austria may, after notifying the Commission, derogate from the first paragraph of Article III-144 of the Constitution
with a view to limit, in the context of the provision of services by companies established in Bulgaria, the temporarymovement of workers whose right to take up work in Germany and Austria is subject to national measures.
The list of service sectors which may be covered by this derogation is as follows:
— in Germany:
Sector NACE (*) code, unless otherwise specified
Construction, including related branches 45.1 to 4;
Activities listed in the Annex to Directive 96/71/EC
Industrial cleaning 74.70 Industrial cleaningOther Services 74.87 Only activities of interior decorators(*)
NACE: see 31990 R 3037: Council Regulation (EEC) No 3037/90 of 9 October 1990 on the statistical classification of
economic activities in the European Community (OJ L 293, 24.10.1990, p. 1). Regulation as last amended by 32003 R
1882: Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29.9.2003 (OJ L 284,
31.10.2003, p. 1).L 157/106 EN Official Journal of the European Union 21.6.2005
(1) Council Directive 68/360/EEC of 15 October 1968 on the abolition of restrictions on movement and residence within the
Community for workers of Member States and their families (OJ L 257, 19.10.1968, p. 13). Directive as last amended by the
2003 Act of Accession (OJ L 236, 23.9.2003, p. 33) and repealed with effect from 30 April 2006 by Directive 2004/38/EC ofthe European Parliament and of the Council (OJ L 158, 30.4.2004, p. 77).
— in Austria:
Sector NACE (*) code, unless otherwise specified
Horticultural service activities 01.41
Cutting, shaping and finishing of stone 26.7
Manufacture of metal structures and parts of
structures28.11
Construction, including related branches 45.1 to 4;
Activities listed in the Annex to Directive 96/71/EC
Security activities 74.60
Industrial cleaning 74.70
Home nursing 85.14
Social work and activities without accommodations 85.32
(*)NACE: see 31990 R 3037: Council Regulation (EEC) No 3037/90 of 9 October 1990 on the statistical classification of
economic activities in the European Community (OJ L 293, 24.10.1990, p. 1). Regulation as last amended by 32003 R1882: Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29.9.2003 (OJ L 284,31.10.2003, p. 1).
To the extent that Germany or Austria derogate from the first paragraph of Article III-144 of the Constitution in
accordance with the preceding subparagraphs, Bulgaria may, after notifying the Commission, take equivalentmeasures.
The effect of the application of this paragraph shall not result in conditions for the temporary movement of workers
in the context of the transnational provision of services between Germany or Austria and Bulgaria which are more
restrictive than those prevailing on the date of signature of the Treaty of Accession.
14. The effect of the application of paragraphs 2 to 5 and 7 to 12 shall not result in conditions for access of
Bulgarian nationals to the labour markets of the present Member States which are more restrictive than thoseprevailing on the date of signature of the Treaty of Accession.
Notwithstanding the application of the provisions laid down in paragraphs 1 to 13, the present Member States shall,
during any period when national measures or those resulting from bilateral agreements are applied, give preference toworkers who are nationals of the Member States over workers who are nationals of third countries as regards accessto their labour market.
Bulgarian migrant workers and their families legally resident and working in another Member State or migrant
workers from other Member States and their families legally resident and working in Bulgaria shall not be treated in amore restrictive way than those from third countries resident and working in that Member State or Bulgariarespectively. Furthermore, in application of the principle of Community preference, migrant workers from thirdcountries resident and working in Bulgaria shall not be treated more favourably than nationals of Bulgaria.
2. FREEDOM TO PROVIDE SERVICES
31997 L 0009: Directive 97/9/EC of the European Parliament and of the Council of 3 March 1997 on investor-
compensation schemes (OJ L 84, 26.3.1997, p. 22).21.6.2005 EN Official Journal of the European Union L 157/107
By way of derogation from Article 4(1) of Directive 97/9/EC, the minimum level of compensation shall not apply in
Bulgaria until 31 December 2009. Bulgaria shall ensure that its investor –compensation scheme provides for cover of
not less than EUR 12 000 from 1 January 2007 until 31 December 2007 and of not less than EUR 15 000 from 1
January 2008 until 31 December 2009.
During the transitional period the other Member States will retain the right to prevent a branch of a Bulgarian
investment firm established on their territories from operating unless and until such a branch has joined an officially
recognised investor-compensation scheme within the territory of the Member State concerned in order to cover the
difference between the Bulgarian level of compensation and the minimum level referred to in Article 4(1) of Directive97/9/EC.
3. FREE MOVEMENT OF CAPITAL
Treaty establishing a Constitution for Europe
1. Notwithstanding the obligations under the Treaty establishing a Constitution for Europe, Bulgaria may maintain
in force for five years from the date of accession the restrictions laid down in its legislation, existing at the timeof signature of the Treaty of Accession, on the acquisition of ownership over land for secondary residences by
nationals of the Member States or the States which are a party to the European Economic Area Agreement
(EEAA) non-resident in Bulgaria and by legal persons formed in accordance with the laws of another MemberState or of an EEAA State.
Nationals of the Member States and nationals of the States which are a party to the European Economic Area
Agreement who are legally resident in Bulgaria shall not be subject to the provisions of the preceding
subparagraph or to any rules and procedures other than those to which nationals of Bulgaria are subject.
2. Notwithstanding the obligations under the Treaty establishing a Constitution for Europe, Bulgaria may maintain
in force for seven years from the date of accession the restrictions laid down in its legislation, existing at the time
of signature of the Treaty of Accession, on the acquisition of agricultural land, forests and forestry land bynationals of another Member State, by nationals of the States which are a party to the European Economic AreaAgreement and by legal persons formed in accordance with the laws of another Member State or an EEAA State.In no instance may a national of a Member State be treated less favourably in respect of the acquisition of
agricultural land, forests and forestry land than at the date of signature of the Accession Treaty or be treated in a
more restrictive way than a national of a third country.
Self-employed farmers who are nationals of another Member State and who wish to establish themselves and
legally reside in Bulgaria, shall not be subject to the provisions of the preceding subparagraph or to any
procedures other than those to which nationals of Bulgaria are subject.
A general review of these transitional measures shall be held in the third year following the date of accession. To
this effect, the Commission shall submit a report to the Council. The Council may, acting unanimously on a
proposal from the Commission, decide to shorten or terminate the transitional period indicated in the firstsubparagraph.L 157/108 EN Official Journal of the European Union 21.6.2005
4. AGRICULTURE
A. AGRICULTURAL LEGISLATION
31997 R 2597: Council Regulation (EC) No 2597/97 of 18 December 1997 laying down additional rules on the
common organization of the market in milk and milk products for drinking milk (OJ L 351, 23.12.1997, p. 13), as lastamended by:
— 31999 R 1602: Council Regulation (EC) No 1602/1999 of 19.7.1999 (OJ L 189, 22.7.1999, p. 43).
By way of derogation from Article 3(1)(b) and (c) of Regulation (EC) No 2597/97, the requirements relating to fat
content shall not apply to drinking milk produced in Bulgaria until 30 April 2009, in that milk with a fat content of 3
% (m/m) may be marketed as whole milk, and milk with a fat content of 2 % (m/m) may be marketed as
semi ‑skimmed milk. Drinking milk which does not comply with the requirements relating to fat content may be
marketed only in Bulgaria or exported to third countries.
B. VETERINARY AND PHYTOSANITARY LEGISLATION
32004 R 0853: Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004
laying down specific hygiene rules for food of animal origin (OJ L 139, 30.4.2004, p. 55).
(a) The milk processing establishments listed in Chapters I and II of the Appendix to this Annex may until 31
December 2009 receive deliveries of raw milk that does not comply with or has not been handled in accordancewith the requirements in Regulation (EC) No 853/2004, Annex III, Section IX, Chapter I, subchapters II and IIIprovided that those farms from which the milk is delivered are mentioned on a list maintained for that purpose
by the Bulgarian authorities.
(b) As long as the establishments referred to in paragraph (a) above benefit from the provisions of that paragraph,
products originating from those establishments shall only be placed on the domestic market or used for furtherprocessing in establishments in Bulgaria also covered by the provisions of paragraph (a), irrespective of the dateof marketing. These products must bear a different identification mark to that provided for in Article 5 of
Regulation (EC) No 853/2004.
(c) The establishments listed in Chapter II of the Appendix to this Annex may until 31 December 2009 process EU
compliant and EU non-compliant milk on separate production lines. In this context EU non-compliant milk isunderstood as the milk referred to in paragraph (a). Such establishments must fully comply with the EUrequirements for establishments, including the implementation of the Hazard Analysis and Critical ControlPoint (HACCP) principles (referred to in Article 5 of Regulation (EC) No 852/2004 (
1) and must demonstrate
their capacity to fully comply with the following conditions, including designating their relevant production
lines:
— take all necessary measures to allow for the proper observance of in-house procedures for the separation
of milk starting from collection up to the final product stage, including routes of milk collection, separatestorage and treatment of EU compliant and non-compliant milk, specific packaging and labelling ofproducts based on EU non-compliant milk as well as separate storage of such products,
— establish a procedure ensuring raw material traceability, including the necessary documentary evidence of
product movements and the accountancy for products and reconciliation of compliant and non-21.6.2005 EN Official Journal of the European Union L 157/109
(1) Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs
(OJ L 139, 30.4.2004, p. 1).
compliant raw materials with the categories of products produced,
— expose all raw milk to heat treatment at a temperature of minimum 71,7oC for 15 seconds, and
— take all appropriate measures to ensure that the identification marks are not used fraudulently.
The Bulgarian authorities shall:— ensure that the operator or manager of each establishment concerned takes all necessary measures to
allow for the proper observance of in-house procedures for the separation of milk;
— conduct tests and unannounced controls relating to the observance of milk separation; and
— conduct tests in approved laboratories on all raw and finished products to verify their compliance with the
requirements of Regulation (EC) No 853/2004, Annex III, Section IX, Chapter II, including themicrobiological criteria for milk-based products.
The milk and/or milk-based products originating from separate production lines processing EU non-compliant
raw milk in EU-approved milk processing establishments may only be placed on the market subject to the
conditions laid down in paragraph (b). Products based on compliant raw milk processed on a separate
production line in an establishment listed in Chapter II of the Appendix to this Annex can be marketed ascompliant products as long as all conditions regarding separation of product lines are maintained.
(d) Milk and milk products produced under the provisions referred to in paragraph (c) shall only be granted support
under Title I, Chapters II and III, except Article 11 thereof, and Title II of Regulation (EC) No 1255/1999 (
1)i f
they carry the oval identification mark referred to in Annex II, Section I, of Regulation (EC) No 853/2004.
(e) Bulgaria shall ensure gradual compliance with the requirements referred to in paragraph (a) and shall submit
annual reports to the Commission on progress made in upgrading dairy farms and the milk collection system.
Bulgaria shall ensure that these requirements are fully complied with by 31 December 2009.
(f) The Commission may, in accordance with the procedure referred to in Article 58 of Regulation (EC) No 178/
2002 (2), update the Appendix to this Annex before accession and until 31 December 2009 and in this context
add or delete individual establishments in the light of progress made in the correction of existing shortcomingsand the outcome of the monitoring process.
Detailed implementation rules to ensure the smooth operation of the above transitional regime may be adopted
in accordance with the procedure referred to in Article 58 of Regulation (EC) No 178/2002.L 157/110 EN Official Journal of the European Union 21.6.2005
(1) Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk
products (OJ L 160, 26.6.1999, p. 48). Regulation as last amended by Commission Regulation (EC) No 186/2004 (OJ L 29,
3.2.2004, p. 6).
(2) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general
principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in
matters of food safety (OJ L 31, 1.2.2002, p. 1). Regulation as last amended by Regulation (EC) No 1642/2003 (OJ L 245,29.9.2003, p. 4).
5. TRANSPORT POLICY
1. 31993 R 3118: Council Regulation (EEC) No 3118/93 of 25 October 1993 laying down the conditions under
which non-resident carriers may operate national road haulage services within a Member State (OJ L 279, 12.11.1993,
p. 1), as last amended by:
— 32002 R 0484: Regulation (EC) No 484/2002 of the European Parliament and of the Council of 1.3.2002 (OJ L
76, 19.3.2002, p. 1).
(a) By way of derogation from Article 1 of Regulation (EEC) No 3118/93 and until the end of the third year
following the date of accession, carriers established in Bulgaria shall be excluded from the operation of nationalroad haulage services in the other Member States, and carriers established in the other Member States shall beexcluded from the operation of national road haulage services in Bulgaria.
(b) Before the end of the third year following the date of accession, Member States shall notify the Commission
whether they will prolong this period for a maximum of two years or whether they will fully apply Article 1 of
the Regulation henceforth. In the absence of such notification, Article 1 of the Regulation shall apply. Onlycarriers established in those Member States in which Article 1 of the Regulation applies may perform nationalroad haulage services in those other Member States in which Article 1 also applies.
(c) Those Member States in which, by virtue of paragraph (b) above, Article 1 of the Regulation applies, may resort
to the procedure set out below until the end of the fifth year following the date of accession.
When a Member State referred to in the preceding subparagraph undergoes a serious disturbance of its national
market or parts thereof due to or aggravated by cabotage, such as serious excess of supply over demand or a
threat to the financial stability or survival of a significant number of road haulage undertakings, that Member
State shall inform the Commission and the other Member States thereof and shall supply them with all relevantparticulars. On the basis of this information, the Member State may request the Commission to suspend, inwhole or in part, the application of Article 1 of the Regulation, in order to restore to normal the situation.
The Commission shall examine the situation on the basis of data provided by the Member State concerned and
shall decide within one month of receipt of the request on the need for the adoption of safeguard measures. The
procedure laid down in the second, third and fourth subparagraphs of paragraph 3, as well as paragraphs 4, 5and 6 of Article 7 of the Regulation shall apply.
A Member State referred to in the first subparagraph above may, in urgent and exceptional cases, suspend the
application of Article 1 of the Regulation, followed by a reasoned ex-post notification to the Commission.
(d) As long as Article 1 of the Regulation is not applied by virtue of paragraphs (a) and (b) above, Member States
may regulate access to their national road haulage services by progressively exchanging cabotage authorisationson the basis of bilateral agreements. This may include the possibility of full liberalisation.
(e) The effect of the application of paragraphs (a) to (c) shall not lead to more restrictive access to national road
haulage services than that prevailing on the date of signature of the Treaty of Accession.
2. 31996 L 0026: Council Directive 96/26/EC of 29 April 1996 on admission to the occupation of road haulage
operator and road passenger transport operator and mutual recognition of diplomas, certificates and other evidenceof formal qualifications intended to facilitate for these operators the right to freedom of establishment in national and
international transport operations (OJ L 124, 23.5.1996, p. 1), as last amended by:
— 32004 L 0066: Council Directive 2004/66/EC of 26.4.2004 (OJ L 168, 1.5.2004, p. 35).21.6.2005 EN Official Journal of the European Union L 157/111
Until 31 December 2010, Article 3(3)(c) of Directive 96/26/EC shall not apply in Bulgaria to transport undertakings
engaged exclusively in domestic road haulage and passenger transport operations.
The available capital and the reserves of those undertakings shall gradually reach the minimum rates laid down in that
Article in accordance with the following schedule:
— by 1 January 2007, the undertaking must have available capital and reserves of at least EUR 5 850 for the first
and at least EUR 3 250 for each additional vehicle;
— by 1 January 2008, the undertaking must have available capital and reserves of at least EUR 6 750 for the first
and at least EUR 3 750 for each additional vehicle;
— by 1 January 2009, the undertaking must have available capital and reserves of at least EUR 7 650 for the first
and at least EUR 4 250 for each additional vehicle;
— by 1 January 2010, the undertaking must have available capital and reserves of at least EUR 8 550 for the first
and at least EUR 4 750 for each additional vehicle.
3. 31996 L 0053: Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating
within the Community the maximum authorised dimensions in national and international traffic and the maximumauthorised weights in international traffic (OJ L 235, 17.9.1996, p. 59), as last amended by:
— 32002 L 0007: Directive 2002/7/EC of the European Parliament and of the Council of 18.2.2002 (OJ L 67,
9.3.2002, p. 47).
By way of derogation from Article 3(1) of Directive 96/53/EC, vehicles complying with the limit values of categories
3.2.1, 3.4.1, 3.4.2, and 3.5.1 specified in Annex I to that Directive may only use non-upgraded parts of the Bulgarian
road network until 31 December 2013 if they comply with Bulgarian axle-weight limits.
As from the date of accession, no restrictions may be imposed on the use, by vehicles complying with the
requirements of Directive 96/53/EC, of the main transit routes set out in Annex I to Decision No 1692/96/EC of the
European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the trans-
European transport network (
1).
Bulgaria shall adhere to the timetable set out in the tables below for the upgrading of its main road network. Any
infrastructure investments involving the use of funds from the Community budget shall ensure that the arteries are
constructed or upgraded to a load bearing capacity of 11,5 tonnes per axle.
In line with the completion of the upgrading, there shall be a progressive opening of the Bulgarian road network,
including the network as contained in Annex I to Decision No 1692/96/EC, for vehicles in international traffic
complying with the limit values of the Directive. For the purpose of loading and unloading, where technicallypossible, the use of non-upgraded parts of the secondary road network shall be allowed during the entire transitionalperiod.
As from the date of accession, all vehicles in international traffic fitted with air-suspension complying with the limit
values of Directive 96/53/EC shall not be subject to any temporary additional charges on the entire Bulgarian roadtransport network.
Temporary additional charges for using non-upgraded parts of the network with vehicles in international traffic not
fitted with air-suspension and complying with the limit values of the Directive shall be levied in a non-discriminatoryL 157/112 EN Official Journal of the European Union 21.6.2005
(1) OJ L 228, 9.9.1996, p. 1. Decision as last amended by Decision No 884/2004/EC (OJ L 167, 30.4.2004, p. 1).
manner. The charging regime shall be transparent, and payment of these charges shall not place an undue
administrative burden or delay on the user, nor shall the payment of these charges lead to a systematic check of axleload limits at the border. Enforcement of axle load limits shall be assured in a non ‑discriminatory manner throughout
the territory and be effective also as regards vehicles registered in Bulgaria.
Road upgrading programme (km)
Table 1
N ROAD SECTION LENGTH/KM OPEN TO TRAFFIC MEASURE
12 3 4 5 6
1 I-5/E-85/ GABROVO - SHIPKA 18 2014 NEW CONSTRUCTION2 I-5/E-85/ KARDJALI - PODKOVA
(MAKAZA)18 2008 NEW CONSTRUCTION
SUBTOTAL 36
3 I-6 SOFIA - PIRDOP 56 2009 REHABILITATION
4 I-7 SILISTRA - SHUMEN 88 2011 REHABILITATION5 I-7 PRESLAV - E-773 48 2010 RECONSTRUCTION
SUBTOTAL 136
6 I-9/ Е-87/ ROMANIAN BORDER -
BALCHIK60 2009 REHABILITATION
7 II-12 VIDIN - SERBIA AND
MONTENEGRO BORDER26 2008 RECONSTRUCTION
8 II-14 VIDIN - KULA - SERBIA
AND MONTENEGRO BOR-
DER42 2009 RECONSTRUCTION
9 II-18 SOFIA RING ROAD -
NORTH ARCH24 2014 NEW CONSTRUCTION
10 II-19 SIMITLI - GOTSE DELCHEV
- GREEK BORDER91 2008 REHABILITATION
11 II-29 DOBRICH - VARNA 21 2010 REHABILITATION
12 II-35 LOVECH - KARNARE 28 2011 RECONSTRUCTION
13 II-53 SLIVEN - YAMBOL 25 2010 REHABILITATION
14 II-55 GURKOVO - NOVA
ZAGORA26 2010 REHABILITATION21.6.2005 EN Official Journal of the European Union L 157/113
N ROAD SECTION LENGTH/KM OPEN TO TRAFFIC MEASURE
15 II-55 NOVA ZAGORA - SVILEN-
GRAD81 2012 REHABILITATION
SUBTOTAL 107
16 II-57 STARA ZAGORA - RAD-
NEVO42 2010 REHABILITATION
17 II-62 KYUSTENDIL - DUPNITSA 26 2011 RECONSTRUCTION
18 II-63 PERNIK - SERBIA AND
MONTENEGRO BORDER20 2010 RECONSTRUCTION
19 II-73 SHUMEN - KARNOBAT 44 2012 RECONSTRUCTION
20 II-73 SHUMEN - KARNOBAT 19 2011 RECONSTRUCTION
SUBTOTAL 63
21 II-78 RADNEVO - TOPOLOV-
GRAD40 2013 REHABILITATION
22 II-86 ASENOVGRAD - SMOLYAN 72 2014 RECONSTRUCTION
23 II-98 BURGAS - MALKO TAR-
NOVO64 2014 RECONSTRUCTION
24 III-197 GOTSE DELCHEV - SMOL-
YAN87 2013 RECONSTRUCTION
25 III-198 GOTSE DELCHEV - FOR-
MER YUGOSLAV REPUBLICOF MACEDONIA BORDER95 2013 RECONSTRUCTION
26 III-534 ELENA - NOVA ZAGORA 52 2012 RECONSTRUCTION
27 III-534 NOVA ZAGORA - SIMEO-
NOVGRAD53 2014 RECONSTRUCTION
SUBTOTAL 105
28 III-601 KYUSTENDIL - FORMER
YUGOSLAV REPUBLIC OF
MACEDONIA BORDER27 2011 NEW CONSTRUCTION
29 III-622 KYUSTENDIL - FORMER
YUGOSLAV REPUBLIC OF
MACEDONIA BORDER31 2013 NEW CONSTRUCTION
30 III-865 SMOLYAN - MADAN 15 2011 RECONSTRUCTION
31 III-867 SMOLYAN - KARDJALI 69 2014 RECONSTRUCTIONL 157/114 EN Official Journal of the European Union 21.6.2005
N ROAD SECTION LENGTH/KM OPEN TO TRAFFIC MEASURE
32 III-868 BYPASS SMOLYAN 40 2012 NEW CONSTRUCTION
33 IV-
410068SIMITLI - FORMER YUGO-
SLAV REPUBLIC OF MACE-DONIA BORDER28 2009 NEW CONSTRUCTION
34 BYPASS PLOVDIV 4 2014 NEW CONSTRUCTION
A1 ‘TRAKIA ’MOTORWAY -
STARA ZAGORA - KAR-NOBAT
35 LOT 2 33 2010 NEW CONSTRUCTION
36 LOT 3 37 2011 NEW CONSTRUCTION
37 LOT 4 48 2014 NEW CONSTRUCTION
SUBTOTAL 118
TOTAL 1 598
Table 2
2008 2009 2010 2011 2012 2013 2014
MEASURE
REHABILITATION 91 116 114 88 81 40 0RECONSTRUCTION 26 42 68 88 96 182 258NEW CONSTRUC-
TION18 28 33 64 40 31 94
135 186 215 240 217 253 352 1 598 km
6. TAXATION
1. 31977 L 0388: Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the
Member States relating to turnover taxes —Common system of value added tax: uniform basis of assessment (OJ
L 145, 13.6.1977, p. 1), as last amended by:21.6.2005 EN Official Journal of the European Union L 157/115
— 32004 L 0066: Council Directive 2004/66/EC of 26.4.2004 (OJ L 168, 1.5.2004, p. 35).
For the purposes of applying Article 28(3)(b) of Directive 77/388/EEC, Bulgaria may maintain an exemption from
value added tax on international transport of passengers, referred to in point 17 of Annex F to the Directive, until thecondition set out in Article 28(4) of the Directive is fulfilled or for as long as the same exemption is applied by any ofthe present Member States, whichever is the earlier.
2. 31992 L 0079: Council Directive 92/79/EEC of 19 October 1992 on the approximation of taxes on cigarettes
(OJ L 316, 31.10.1992, p. 8), as last amended by:
— 32003 L 0117: Council Directive 2003/117/EC of 5.12.2003 (OJ L 333, 20.12.2003, p. 49).
By way of derogation from Article 2(1) of Directive 92/79/EEC, Bulgaria may postpone the application of the overall
minimum excise duty on the retail selling price (inclusive of all taxes) for cigarettes of the price category most in
demand until 31 December 2009, provided that during this period Bulgaria gradually adjusts its excise duty ratestowards the overall minimum excise duty provided for in the Directive.
Without prejudice to Article 8 of Council Directive 92/12/EEC of 25 February 1992 on the general arrangements for
products subject to excise duty and on the holding, movement and monitoring of such products (
1), and having
informed the Commission, Member States may, as long as the above derogation applies, maintain the samequantitative limits for cigarettes which may be brought into their territories from Bulgaria without further excise dutypayment as those applied to imports from third countries. Member States making use of this possibility may carry out
the necessary checks provided that these checks do not affect the proper functioning of the internal market.
3. 32003 L 0049: Council Directive 2003/49/EC of 3 June 2003 on a common system of taxation applicable to
interest and royalty payments made between associated companies of different Member States (OJ L 157, 26.6.2003,
p. 49), as last amended by:
— 32004 L 0076: Council Directive 2004/76/EC of 29.4.2004 (OJ L 157, 30.4.2004, p. 106).
Bulgaria shall be authorised not to apply the provisions of Article 1 of Directive 2003/49/EC until 31 December
2014. During that transitional period, the rate of tax on payments of interest or royalties made to an associatedcompany of another Member State or to a permanent establishment situated in another Member State of anassociated company of a Member State must not exceed 10 % until 31 December 2010 and must not exceed 5 % for
the following years until 31 December 2014.
4. 32003 L 0096: Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework
for the taxation of energy products and electricity (OJ L 283, 31.10.2003, p. 51), as last amended by:
— 32004 L 0075: Council Directive 2004/75/EC of 29.4.2004 (OJ L 157, 30.4.2004, p. 100).
(a) By way of derogation from Article 7 of Directive 2003/96/EC, Bulgaria may apply the following transitional
periods:
— until 1 January 2011 to adjust the national level of taxation on unleaded petrol used as propellant to the
minimum level of EUR 359 per 1 000 l. The effective tax rate applied to unleaded petrol used aspropellant shall not be less than EUR 323 per 1 000 l as from 1 January 2008,L 157/116 EN Official Journal of the European Union 21.6.2005
(1) OJ L 76, 23.3.1992, p. 1. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).
— until 1 January 2010 to adjust the national level of taxation on gas oil and kerosene used as propellant to
the minimum level of EUR 302 per 1 000 l and until 1 January 2013 to reach the minimum level of EUR330 per 1 000 l. The effective tax rate applied to gas oil and kerosene used as propellant shall not be less
than EUR 274 per 1 000 l as from 1 January 2008.
(b) By way of derogation from Article 9 of Directive 2003/96/EC, Bulgaria may apply the following transitional
periods:
— until 1 January 2010 to adjust the national level of taxation on coal and coke used for district heating
purposes to the minimum levels of taxation laid down in Annex I, Table C,
— until 1 January 2009 to adjust the national level of taxation on coal and coke used for purposes other
than district heating to the minimum levels of taxation laid down in Annex I, Table C.
The effective tax rates applied to the energy products concerned shall not be less than 50 % of the relevant
Community minimum rate as from 1 January 2007.
(c) By way of derogation from Article 10 of Directive 2003/96/EC, Bulgaria may apply a transitional period until 1
January 2010 to adjust the national levels of taxation on electricity to the minimum levels of taxation laid down
in Annex I, Table C. The effective tax rates applied to electricity shall not be less than 50 % of the relevantCommunity minimum rate as from 1 January 2007.
7. SOCIAL POLICY AND EMPLOYMENT
32001 L 0037: Directive 2001/37/EC of the European Parliament and of the Council of 5 June 2001 on the
approximation of the laws, regulations and administrative provisions of the Member States concerning the
manufacture, presentation and sale of tobacco products (OJ L 194, 18.7.2001, p. 26).
By way of derogation from Article 3 of Directive 2001/37/EC, the date of application of the maximum tar yield of
cigarettes manufactured and marketed within the territory of Bulgaria, shall be 1 January 2011. During the transitionalperiod:
— cigarettes manufactured in Bulgaria with a tar yield greater than 10 mg per cigarette shall not be marketed in
other Member States;
— cigarettes manufactured in Bulgaria with a tar yield greater than 13 mg per cigarette shall not be exported to
third countries; this limit shall be reduced to 12 mg from 1 January 2008 and to 11 mg from 1 January 2010;
— Bulgaria shall provide the Commission with regularly updated information on the timetable and measures taken
to ensure compliance with the Directive.
8. ENERGY
31968 L 0414: Council Directive 68/414/EEC of 20 December 1968 imposing an obligation on Member States of the
EEC to maintain minimum stocks of crude oil and/or petroleum products (OJ L 308, 23.12.1968, p. 14), as lastamended by:
— 31998 L 0093: Council Directive 98/93/EC of 14.12.1998 (OJ L 358, 31.12.1998, p. 100).21.6.2005 EN Official Journal of the European Union L 157/117
By way of derogation from Article 1(1) of Directive 68/414/EEC, the minimum level of stocks of petroleum products
shall not apply in Bulgaria until 31 December 2012. Bulgaria shall ensure that its minimum level of stocks ofpetroleum products corresponds, for each of the categories of petroleum products listed in Article 2, to at least the
following number of days' average daily internal consumption as defined in Article 1(1):
— 30 days by 1 January 2007;
— 40 days by 31 December 2007;
— 50 days by 31 December 2008;
— 60 days by 31 December 2009;
— 70 days by 31 December 2010;
— 80 days by 31 December 2011;
— 90 days by 31 December 2012.
9. TELECOMMUNICATIONS AND INFORMATION TECHNOLOGIES
32002 L 0022: Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal
service and users' rights relating to electronic communications networks and services (Universal Service Directive) (OJ
L 108, 24.4.2002, p. 51).
By way of derogation from Article 30(1) of Directive 2002/22/EC, Bulgaria may postpone the introduction of
number portability to no later than 1 January 2009.
10. ENVIRONMENT
A. AIR QUALITY
1. 31994 L 0063: European Parliament and Council Directive 94/63/EC of 20 December 1994 on the control of
volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to
service stations (OJ L 365, 31.12.1994, p. 24), as amended by:
— 32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29.9.2003
(OJ L 284, 31.10.2003, p. 1).
(a) By way of derogation from Article 3 and Annex I to Directive 94/63/EC, the requirements for existing storage
installations at terminals shall not apply in Bulgaria:
— until 31 December 2007 for storage installations at 6 terminals with a throughput loaded greater than
25 000 tonnes/year but less than or equal to 50 000 tonnes/year;
— until 31 December 2009 for storage installations at 19 terminals with a throughput loaded less than or
equal to 25 000 tonnes/year.L 157/118 EN Official Journal of the European Union 21.6.2005
(b) By way of derogation from Article 4 and Annex II to Directive 94/63/EC, the requirements for loading and
unloading of existing mobile containers at terminals shall not apply in Bulgaria:
— until 31 December 2007 to 12 terminals with a throughput greater than 25 000 tonnes/year but less than
or equal to 150 000 tonnes/year;
— until 31 December 2009 to 29 terminals with a throughput less than or equal to 25 000 tonnes/year.
(c) By way of derogation from Article 5 of Directive 94/63/EC, the requirements for existing mobile containers at
terminals shall not apply in Bulgaria:
— until 31 December 2007 to 50 road tankers;
— until 31 December 2009 to a further 466 road tankers.
(d) By way of derogation from Article 6 and Annex III to Directive 94/63/EC, the requirements for loading into
existing storage installations at service stations shall not apply in Bulgaria:
— until 31 December 2007 to 355 service stations with a throughput greater than 500 m3/year but less than
or equal to 1 000 m3/year;
— until 31 December 2009 to 653 service stations with a throughput less than or equal to 500 m3/year.
2. 31999 L 0032: Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of
certain liquid fuels amending Directive 93/12/EEC (OJ L 121, 11.5.1999, p. 13), as amended by:
— 32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29.9.2003
(OJ L 284, 31.10.2003, p. 1).
(a) By way of derogation from Article 3(1) of Directive 1999/32/EC, the requirements for the sulphur content of
heavy fuel oils shall not apply in Bulgaria until 31 December 2011 for local use. During this transitional periodthe sulphur content shall not exceed 3,00 % by mass.
(b) By way of derogation from Article 4(1) of Directive 1999/32/EC, the requirements for the sulphur content of
gas oils shall not apply in Bulgaria until 31 December 2009 for local use. During this transitional period thesulphur content shall not exceed 0,20 % by mass.
B. WASTE MANAGEMENT
1. 31993 R 0259: Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of
shipments of waste within, into and out of the European Community (OJ L 30, 6.2.1993, p. 1), as last amended by:
— 32001 R 2557: Commission Regulation (EC) No 2557/2001 of 28.12.2001 (OJ L 349, 31.12.2001, p. 1).
(a) Until 31 December 2014, all shipments to Bulgaria of waste for recovery listed in Annex II to Regulation (EEC)
No 259/93 shall be notified to the competent authorities and processed in conformity with Articles 6, 7 and 8of the Regulation.21.6.2005 EN Official Journal of the European Union L 157/119
(b) By way of derogation from Article 7(4) of Regulation (EEC) No 259/93, until 31 December 2009 the Bulgarian
competent authorities may raise objections to shipments to Bulgaria for recovery of the following wastes listedin Annex III in conformity with the grounds for objection laid down in Article 4(3) of the Regulation. Such
shipments shall be subject to Article 10 of the Regulation.
AA. METAL-BEARING WASTES
— AA 090 Arsenic waste and residues
— AA 100 Mercury waste and residues
— AA 130 Liquors from the pickling of metals
AB. WASTES CONTAINING PRINCIPALLY INORGANIC CONSTITUENTS, WHICH MAY CONTAIN METALS
AND ORGANIC MATERIALS
AC. WASTES CONTAINING PRINCIPALLY ORGANIC CONSTITUENTS, WHICH MAY CONTAIN METALS
AND INORGANIC MATERIALS
— AC 040 Leaded petrol (gasoline) sludges
— AC 050 Thermal (heat transfer) fluids
— AC 060 Hydraulic fluids
— AC 070 Brake fluids
— AC 080 Antifreeze fluids
— AC 110 Phenols, phenol compounds including chlorophenol in the form of liquids or sludges
— AC 120 Polychlorinated naphthalenes
— AC 150 Chlorofluorocarbons
— AC 160 Halons
— AC 190 Fluff ‑light fraction from automobile shredding
— AC 200 Organic phosphorous compounds
— AC 230 Halogenated or unhalogenated non-aqueous distillation residues arising from organic
solvent recovery operations
— AC 240 Wastes arising from the production of aliphatic halogenated hydrocarbons (such as
chloromethanes, dichloro-ethane, vinyl chloride, vinylidene chloride, allyl chloride andepichlorhydrin)L 157/120 EN Official Journal of the European Union 21.6.2005
— AC 260 Liquid pig manure, faeces
AD. WASTES WHICH MAY CONTAIN EITHER INORGANIC OR ORGANIC CONSTITUENTS
— AD 010 Wastes from the production and preparation of pharmaceutical products
Wastes that contain, consist of or are contaminated with any of the following:
— AD 040 Inorganic cyanides, excepting precious metal-bearing residues in solid
form containing traces of inorganic cyanides
— AD 050 Organic cyanides
— AD 060 Waste oils/water, hydrocarbons/water mixtures, emulsions
— AD 070 Wastes from production, formulation and use of inks, dyes, pigments, paints, lacquers,
varnish
— AD 150 Naturally occurring organic material used as a filter medium (such as biofilters)
— AD 160 Municipal/household wastes
This period may be extended until no later than 31 December 2012 under the procedure defined in Article
18 of Council Directive 75/442/EEC of 15 July 1975 on waste (1), as amended by Council Directive 91/
156/EEC (2).
(c) By way of derogation from Article 7(4) of Regulation (EEC) No 259/93, until 31 December 2009 the Bulgarian
competent authorities may raise objections to shipments to Bulgaria of waste for recovery listed in Annex IV tothe Regulation and shipments of waste for recovery not listed in the Annexes to the Regulation in conformitywith the grounds for objection laid down in Article 4(3) of the Regulation.
(d) By way of derogation from Article 7(4) of Regulation (EEC) No 259/93, the Bulgarian competent authorities
shall object to shipments of waste for recovery listed in Annexes II, III and IV to the Regulation and shipments
of waste for recovery not listed in those Annexes destined for a facility benefiting from a temporary derogation
from certain provisions of Council Directive 96/61/EC of 24 September 1996 concerning integrated pollutionprevention and control (
3) or Directive 2001/80/EC of the European Parliament and of the Council of 23
October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants (4),
during the period in which the temporary derogation is applied to the facility of destination.
2. 31994 L 0062: European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and
packaging waste (OJ L 365, 31.12.1994, p. 10), as last amended by:21.6.2005 EN Official Journal of the European Union L 157/121
(1) OJ L 194, 25.7.1975, p. 39. Directive as last amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).
(2) OJ L 78, 26.3.1991, p. 32.
(3) OJ L 257, 10.10.1996, p. 26.
(4) OJ L 309, 27.11.2001, p. 1. Directive as last amended by the 2003 Act of Accession (OJ L 236, 23.9.2003, p. 33).
— 32004 L 0012: Directive 2004/12/EC of the European Parliament and of the Council of 11.2.2004 (OJ L 47,
18.2.2004, p. 26).
(a) By way of derogation from Article 6(1)(a) of Directive 94/62/EC, Bulgaria shall attain the overall rate for
recovery or incineration at waste incineration plants with energy recovery by 31 December 2011 in accordance
with the following intermediate targets:
— 35 % by weight by 31 December 2006, 39 % for 2007, 42 % for 2008, 46 % for 2009 and 48 % for 2010.
(b) By way of derogation from Article 6(1)(b) of Directive 94/62/EC, Bulgaria shall attain the overall rate for
recovery or incineration at waste incineration plants with energy recovery by 31 December 2014 in accordancewith the following intermediate targets:
— 50 % by weight for 2011, 53 % for 2012 and 56 % for 2013.
(c) By way of derogation from Article 6(1)(c) of Directive 94/62/EC, Bulgaria shall attain the recycling target for
plastics by 31 December 2009 in accordance with the following intermediate targets:
— 8 % by weight by 31 December 2006, 12 % for 2007, and 14,5 % for 2008.
(d) By way of derogation from Article 6(1)(d) of Directive 94/62/EC, Bulgaria shall attain the overall recycling target
by 31 December 2014 in accordance with the following intermediate targets:
— 34 % by weight by 31 December 2006, 38 % for 2007, 42 % for 2008, 45 % for 2009, 47 % for 2010, 49
% for 2011, 52 % for 2012 and 54,9 % for 2013.
(e) By way of derogation from Article 6(1)(e)(i) of Directive 94/62/EC, Bulgaria shall attain the recycling target for
glass by 31 December 2013 in accordance with the following intermediate targets:
— 26 % by weight by 31 December 2006, 33 % for 2007, 40 % for 2008, 46 % for 2009, 51 % for 2010, 55
% for 2011 and 59,6 % for 2012.
(f) By way of derogation from Article 6(1)(e)(iv) of Directive 94/62/EC, Bulgaria shall attain the recycling target for
plastics, counting exclusively material that is recycled back into plastics, by 31 December 2013 in accordance
with the following intermediate targets:
— 17 % by weight for 2009, 19 % for 2010, 20 % for 2011 and 22 % for 2012.
3. 31999 L 0031: Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182, 16.7.1999, p.
1), as amended by:
— 32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29.9.2003
(OJ L 284, 31.10.2003, p. 1).L 157/122 EN Official Journal of the European Union 21.6.2005
By way of derogation from Article 5(3)(a) and (b) and Annex I, point 2, second indent, to Directive 1999/31/EC and
without prejudice to Article 6(c)(ii) of the Directive and Council Directive 75/442/EEC of 15 July 1975 on waste (1),
the requirements for liquid, corrosive and oxidising waste, and as regards prevention of surface water entering into the
landfilled waste shall not apply to the following 14 existing facilities until 31 December 2014:
1. ‘Polimeri ’sludge pond, Varna, Devnya;
2. ‘Solvay Sodi ’,‘Deven ’and ‘Agropolichim ’combined ash ‑sludge pond, Varna, Devnya at the municipality of
Varna;
3. TPP ‘Varna ’ashpond, Varna, Beloslav;
4. ‘Sviloza ’ashpond, Veliko Tarnovo, Svishtov;
5. TPP at ‘Zaharni zavodi ’ashpond, Veliko Tarnovo, Gorna Oryahovitsa;
6. ‘Vidachim v likvidatsya ’ashpond, Vidin, Vidin;
7. ‘Toplofikatsia-Ruse ’, TPP ‘Ruse-East ’ashpond, Ruse, Ruse;
8. TPP ‘Republika ’,‘COF-Pernik ’and ‘Kremikovtsi-Rudodobiv ’ashpond, Pernik, Pernik;
9. ‘Toplofikatsia Pernik ’and ‘Solidus ’-Pernik ashpond, Pernik, Pernik;
10. TPP ‘Bobov dol ’ashpond, Kyustendil, Bobov dol;
11. ‘Brikel ’ashpond, Stara Zagora, Galabovo;
12. ‘Toplofikatsia Sliven ’ashpond, Sliven, Sliven;
13. TPP ‘Maritsa 3 ’ashpond, Haskovo, Dimitrovgrad;
14. TPP ‘Maritsa 3 ’ashpond, Haskovo, Dimitrovgrad.
Bulgaria shall ensure a gradual reduction of waste landfilled in these 14 existing non-compliant facilities in accordance
with the following annual maximum quantities:— by 31 December 2006: 3 020 000 tonnes;
— by 31 December 2007: 3 010 000 tonnes;
— by 31 December 2008: 2 990 000 tonnes;
— by 31 December 2009: 1 978 000 tonnes;21.6.2005 EN Official Journal of the European Union L 157/123
(1) OJ L 194, 25.7.1975, p. 39. Directive as amended by Directive 91/156/EEC, and as last amended by Regulation (EC) No 1882/
2003 (OJ L 284, 31.10.2003, p. 1).
— by 31 December 2010: 1 940 000 tonnes;
— by 31 December 2011: 1 929 000 tonnes;
— by 31 December 2012: 1 919 000 tonnes;
— by 31 December 2013: 1 159 000 tonnes;
— by 31 December 2014: 1 039 000 tonnes.
4. 32002 L 0096: Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on
waste electrical and electronic equipment (WEEE) (OJ L 37, 13.2.2003, p. 24), as amended by:
— 32003 L 0108: Directive 2003/108/EC of the European Parliament and of the Council of 8.12.2003 (OJ L 345,
31.12.2003, p. 106).
By way of derogation from Articles 5(5) and 7(2) of Directive 2002/96/EC, Bulgaria shall attain the rate of separate
collection of at least four kilograms on average per inhabitant per year of WEEE from private households, the rate ofrecovery and the rate of component, material and substance reuse and recycling by 31 December 2008.
C. WATER QUALITY
31991 L 0271: Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment (OJ L 135,
30.5.1991, p. 40), as last amended by:
— 32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29.9.2003
(OJ L 284, 31.10.2003, p. 1).
By way of derogation from Articles 3, 4 and 5(2) of Directive 91/271/EEC, the requirements for collecting systems
and treatment of urban waste water shall not fully apply in Bulgaria until 31 December 2014, in accordance with the
following intermediate target:
— by 31 December 2010, compliance with the Directive shall be achieved in agglomerations with a population
equivalent of more than 10 000.
D. INDUSTRIAL POLLUTION AND RISK MANAGEMENT
1. 31996 L 0061: Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention
and control (OJ L 257, 10.10.1996, p. 26), as last amended by:
— 32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29.9.2003
(OJ L 284, 31.10.2003, p. 1).
By way of derogation from Article 5(1) of Directive 96/61/EC, the requirements for the granting of permits for
existing installations shall not apply in Bulgaria to the following installations until the date indicated for each
installation, insofar as the obligation to operate these installations in accordance with emission limit values, equivalentparameters or technical measures based on the best available techniques according to Article 9(3) and (4) isconcerned:
Until 31 December 2008:L 157/124 EN Official Journal of the European Union 21.6.2005
—‘ Yambolen ’—Yambol (activity 4.1 h)
—‘ Verila ’—Ravno Pole (activity 4.1)
—‘ Lakprom ’—Svetovrachane (activity 4.1 b)
—‘ Orgachim ’—Ruse (activity 4.1 j)
—‘ Neochim ’—Dimitrovgrad (activity 4.1 b)
Until 31 December 2009:—‘ Eliseyna ’gara Eliseyna (activity 2.5 a)
Until 31 December 2011:— TPP ‘Ruse-East ’—Ruse (activity 1.1)
— TPP ‘Varna ’—Varna (activity 1.1)
— TPP ‘Bobov dol ’—Sofia (activity 1.1)
— TPP at ‘Lukoil Neftochim ’—Burgas (activity 1.1)
—‘ Lukoil Neftochim ’—Burgas (activity 1.2)
—‘ Kremikovtsi ’—Sofia (activity 2.2)
—‘ Radomir-Metali ’—Radomir (activity 2.3 b)
—‘ Solidus ’—Pernik (activity 2.4)
—‘ Berg Montana fitingi ’—Montana (activity 2.4)
—‘ Energoremont ’—Kresna (activity 2.4)
—‘ Chugunoleene ’—Ihtiman (activity 2.4)
—‘ Alkomet ’—Shumen (activity 2.5 b)
—‘ Start ’—Dobrich (activity 2.5 b)
—‘ Alukom ’—Pleven (activity 2.5 b)
—‘ Energiya ’—Targovishte (activity 2.5 b)
—‘ Uspeh ’—Lukovit (activity 3.5)21.6.2005 EN Official Journal of the European Union L 157/125
—‘ Keramika ’—Burgas (activity 3.5)
—‘ Stroykeramika ’—Mezdra (activity 3.5)
—‘ Straldja keramika ’—Straldja (activity 3.5)
—‘ Balkankeramiks ’—Novi Iskar (activity 3.5)
—‘ Shamot ’—Elin Pelin (activity 3.5)
— Ceramics plant —Dragovishtitsa (activity 3.5)
—‘ Fayans ’—Kaspichan (activity 3.5)
—‘ Solvay Sodi ’—Devnya (activity 4.2 d)
—‘ Polimeri ’—Devnya (activity 4.2 c)
—‘ Agropolichim ’—Devnya (activity 4.3)
—‘ Neochim ’—Dimitrovgrad (activity 4.3)
—‘ Agriya ’—Plovdiv (activity 4.4)
—‘ Balkanpharma ’—Razgrad (activity 4.5)
—‘ Biovet ’—Peshtera (activity 4.5)
—‘ Catchup-frukt ’—Aitos (activity 6.4 b)
—‘ Bulgarikum ’—Burgas (activity 6.4 c)
—‘ Serdika 90 ’—Dobrich (activity 6.4 c)
—‘ Ekarisaj ’—Varna (activity 6.5)
—‘ Ekarisaj-Bert ’—Burgas (activity 6.5).
Fully coordinated permits shall be issued for these installations before 30 October 2007, containing individually
binding timetables for the achievement of full compliance. These permits shall ensure compliance with the general
principles governing the basic obligations of operators as set out in Article 3 of the Directive by 30 October 2007.
2. 32001 L 0080: Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on
the limitation of emissions of certain pollutants into the air from large combustion plants (OJ L 309, 27.11.2001, p.1), as amended by:
— 12003 T: Act concerning the conditions of accession and the adjustments to the Treaties ‑Accession of the
Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic ofL 157/126 EN Official Journal of the European Union 21.6.2005
Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and
the Slovak Republic (OJ L 236, 23.9.2003, p. 33).
(a) By way of derogation from Article 4(3) and part A of Annexes III, IV and VII to Directive 2001/80/EC, the
emission limit values for sulphur dioxide and for dust shall not apply in Bulgaria to the following plants until the
date indicated for each unit of the plant:
— TPP ‘Varna ’:
— Unit 1 until 31 December 2009
— Unit 2 until 31 December 2010
— Unit 3 until 31 December 2011
— Unit 4 until 31 December 2012
— Unit 5 until 31 December 2013
— Unit 6 until 31 December 2014
— TPP ‘Bobov dol ’:
— Unit 2 until 31 December 2011
— Unit 3 until 31 December 2014
— TPP ‘Ruse-East ’:
— Units 3 and 4 until 31 December 2009
— Units 1 and 2 until 31 December 2011
— TPP at ‘Lukoil Neftochim ’Burgas:
— Units 2, 7, 8, 9, 10 and 11 until 31 December 2011.
During this transitional period, sulphur dioxide and dust emissions from all combustion plants pursuant to
Directive 2001/80/EC shall not exceed the following intermediate ceilings:
— by 2008: 179 700 tonnes SO2/year; 8 900 tonnes dust/year;
— by 2012: 103 000 tonnes SO2/year; 6 000 tonnes dust/year.
(b) By way of derogation from Article 4(3) and part A of Annex VI to Directive 2001/80/EC, the emission limit
values for nitrogen oxides shall not apply in Bulgaria until 31 December 2011 for Units 2, 7, 8, 9, 10 and 11 ofthe combustion plant TPP at ‘Lukoil Neftochim ’Burgas.21.6.2005 EN Official Journal of the European Union L 157/127
During this transitional period, nitrogen oxides emissions from all combustion plants pursuant to Directive
2001/80/EC shall not exceed the following intermediate ceilings:
— by 2008: 42 900 tonnes/year;
— by 2012: 33 300 tonnes/year.
(c) By 1 January 2011, Bulgaria shall submit an updated plan to the Commission, including an investment plan, for
the gradual alignment of the remaining non-compliant plants with clearly defined stages for the application oftheacquis . These plans shall ensure a further reduction of the emissions to a level significantly below the
intermediate targets specified in paragraphs (a) and (b) above, in particular for emissions in the period 2012 to
2014. If the Commission, having regard in particular to the environmental effects and to the need to reducedistortions of competition in the internal market due to the transitional measures, considers that these plans arenot sufficient to meet these objectives, it shall inform Bulgaria. Within the subsequent three months, Bulgariashall communicate the measures it has taken in order to meet these objectives. If subsequently the Commission,
in consultation with the Member States, considers these measures are not sufficient to meet these objectives, it
shall commence infringement proceedings under Article III-360 of the Constitution.L 157/128 EN Official Journal of the European Union 21.6.2005