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

Bulgaria
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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

Bulgaria Knowledge Partner

Schoenherr is a leading full-service law firm providing local and international companies stellar advice that is straight to the point. With 15 offices and 4 country desks Schoenherr has a firm footprint in Central and Eastern Europe. Our lawyers are recognised leaders in their specialised areas and have a track record of getting deals done with a can-do, solution-oriented approach. Quality, flexibility, innovation and practical problem-solving in complex commercial mandates are at the core of our philosophy.

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