21
Thu, Nov
48 New Articles

Bulgaria is Considering Further Support for Wind Projects and Regulation of BESS

Bulgaria
Tools
Typography
  • Smaller Small Medium Big Bigger
  • Default Helvetica Segoe Georgia Times

The Bulgarian energy regulator has proposed changes to the Grid Connection Ordinance No. 6, adopted earlier this year, which aim to provide flexibility in the application process, support for wind projects, and further regulation of battery energy storage systems (BESS).

The proposal is open for public discussion and comment until 6 September 2024 via the following link to the website of the Ministry Council: Портал за обществени консултации (strategy.bg).

So far, no comments by third parties have been introduced.

The proposal includes substantial changes to the existing legal framework in four major areas of consideration:

1.      The Bulgarian energy regulator proposes that a grid connection can be initiated by anyone in possession of any of the following:

a)      a preliminary land purchase agreement;

b)     a decision of the municipal council establishing the right to build (without the requirement of a tender);

c)      the approval of the competent authorities for a change in designation of forest land.

These changes, if adopted, will significantly promote the development of wind projects in Bulgaria.

2.      A BESS installation that is part of an existing facility for consumption will require a deposit or bank guarantee in the amount of BGN 50,000 per MW if the connected capacity increases.

3.      A BESS installation that is part of an existing facility for production will require a deposit or bank guarantee in the amount of BGN 50,000 per MW if the connected capacity increases.

4.      A stand-alone BESS will require a deposit or bank guarantee in the amount of BGN 50,000 per MW.

The conditions under items 2 to 4 will be prerequisites for the validity of the grid connection conditions as provided by the Bulgarian transmission system operator (TSO).

These conditions will apply to anyone who has obtained a grid connection statement but has not entered into a grid connection contract as of the date of entry into force of the new ordinance.

By Kostadin Sirleshtov, Managing Partner, Borislava Piperkova, Counsel, Dian Boev, Associate, CMS

CMS at a Glance

CMS Sofia is a full-service law firm, the largest international law firm in Bulgaria and one of the largest providers of legal services in the local market as a whole. The breadth and depth of our practice means that our lawyers are specialised, with a level of specialisation that few of our competitors can match.

CMS Sofia is the Bulgarian branch of CMS, a top ten global legal and tax services provider with over 5000 lawyers in 43 countries and 78 offices across the world.

CMS entered the Bulgarian market as one of the first internationally active law firms in 2005 and is now among the most respected legal advisors in the country. We have 7 partners, 4 counsel and over 30 lawyers in our office in Sofia.

Our legal experts, who are rooted in Bulgaria’s local culture, can also draw on years of experience in foreign countries and are at home in several legal systems at once. We know the particularities of the local market just as well as the needs of our clients and combine both to achieve optimum solutions. Our lawyers are Bulgarian qualified and we also have English qualified experts – all of them regularly working on cross-border mandates.

In our work, we focus on M&A, Energy, Projects and Construction, Banking and Finance, Real Estate, Media, IP and IT law, Tax, Employment law, Competition, Procurement and any kind of Dispute resolution, including arbitration and mediation. What’s more, we also take care of the entire legal management of our clients’ projects.

Firm's website.