Law Amending And Supplementing The Law On Cultural Heritage

Original Language Title: Закон за изменение и допълнение на Закона за културното наследство

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15463/

Name of law Law amending and supplementing the law on cultural heritage of the Name Bill a bill amending and supplementing the law on cultural heritage date adopted 23/06/number/year 2016 Official Gazette 52/2016 Decree No 225

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending and supplementing the law on cultural heritage, adopted by the National Assembly of HLIÌI 23 June 2016.

Issued in Sofia on 1 July 2016.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Catherine Dana

LAW

amending and supplementing the law on cultural heritage (official SG. 19 of 2009; Decision of the Constitutional Court No. 7 of 2009 – No. 80 of 2009; amend., SG. 92 and 93 from 2009, issue 101 of 2010 No. 54 by 2011, issue 15, 38, 45, 77 and 82 by 2012 and 15/66 by 2013. , PC. 98 by 2014 and PCs. 16 from 2016.)

§ 1. In art. 17 the following amendments and supplements shall be made:

1. In paragraph 8. 1. Add 1 "and carry out other activities defined in this law".

2. Al are created. 3, 4, 5 and 6:

"(3) for the implementation of the activities referred to in para. 1, item 1 in the framework of the established number of municipal administration units are created in the economic planning regions defined in the law on regional development: 1. Southwest region – Sofia Municipality;

2. for the South Central region – municipality of Plovdiv;

3. for the South-East region – municipality of Burgas;

4. for the North East region – municipality of Varna;

5. for the North Central region-Veliko Tarnovo;

6. Northwest region – municipality of Pleven.

(4) Units in al. 3 shall consist of at least three persons who satisfy the requirements of art. 164, para. 1 and 2.

(5) Units in al. 3 may issue written opinions under art. 84, para. 2, item 2 for real cultural values which are not categories of "world" and the "national importance", located in the municipalities of the planned economic area.

(6) Units in al. 3 working under the methodological guidance of the NINKN, whose representative participates in the selection of experts for the protection of immovable cultural values that work in them. "

§ 2. In art. 19, para. 1 make the following amendments and additions:

1. In paragraph 3 the word "complex" is replaced by "final".

2. In paragraph 6, after the words "cultural values" insert "including in electronic form, in the order determined by the Ordinance under art. 50, para. 2 "and after the words" backup "Fund" is added including in electronic form.

§ 3. In art. 83 following amendments and supplements shall be made:

1. In paragraph 8. 1: a) in item 1 (b), after the word "structures" is added "as well as the projects of transport and technical infrastructure, including the" and the words "technical infrastructure" shall be deleted;

b) in item 2 (a), after the words "part" structures "is added" as well as the projects of transport and technical infrastructure, including the "and the words" technical infrastructure "shall be deleted;

c) in paragraph 3, after the words "part" structures "is added" as well as the projects of transport and technical infrastructure, including the "and the words" technical infrastructure "shall be deleted.

2. paragraph 2 is repealed.

3. Paragraph 3 is replaced by the following: "(3) the commissioning of construction projects under par. 1, item 1, except in the cases under art. 83 (a), para. 2, takes place after a positive opinion of the Minister of culture or of the authorised by officials, and the ekzekutivnata documentation for the purposes of spatial planning act shall be agreed in accordance with art. 84, para. 1 and 2. "

4. in the Al. 5, the words "remove in whole or in part" shall be deleted.

§ 4. In art. 83 (a), para. 1 make the following amendments and additions:

1. In paragraph 1, add "and repairs of roofs".

2. In paragraph 2, the words "the Interior" shall be deleted.

3. point 3 is repealed.

§ 5. Article 84 shall be amended as follows:

"Art. 84. (1) the coordination under this section shall be carried out with a written statement and endorsement with graphic print on materials within 4 months from the date of receipt of the relevant documentation in NINKN or in the municipality, as defined under art. 17, al. 3. investment projects and requests to intervene in protected areas for the conservation of the cultural heritage are imported: 1. for real cultural values of categories "universal value" and "national importance" in their borders and security zones – in NINKN;

2. for real cultural values with the categories of "local interest", "Ensemble" and "for information" in their borders and security zones – in the relevant link under art. 17, al. 3.

(2) the coordination referred to in paragraph 1. 1 of the investment projects and requests for intervention under art. 83 is carried out by the Minister of culture or authorised by officials to:

1. single and group real cultural values of categories "universal value" and "national importance" in their borders and security zones – written opinion of NINKN;

2. single and group real cultural values with the categories of "local interest", "Ensemble" and "for information", after the written opinion of the municipal unit under art. 17, al. 3.

(3) in the cases referred to in para. 2 when a single real cultural values with the categories of "local interest", "Ensemble" and "for information" fall within the borders and protection zones of Group real cultural values of categories "universal value" and "national importance", coordination of Pará. 2, item 2 takes place after the written opinion of NINKN.

(4) Projects for the conservation and management plans, planning jobs, pilot projects and other immovable cultural heritage, produced by NINKN, shall be agreed in accordance with para. 1 and 2 after the opinion of the specialized expert advice under art. 64, para. 2.

(5) to carry out the coordination referred to in paragraph 1. 2 and 3 shall submit an application to the Minister of culture by the Director of NINKN, respectively, by the head of the unit under art. 17, al. 3 in a form approved by the Minister of culture. One copy of the documentation provided to the NINKN for the completion of the backup Fund.

(6) the Director of NINKN, respectively, in the cases referred to in para. 2, item 2 – head of unit under art. 17, al. 3, by a written opinion within two months from the date of receipt of the application.

(7) the pleadings under para. 6 shall be sent to the Minister of culture no later than three days after the expiration of the period referred to in para. 6.

(8) Refusal to coordinate investment projects and requests for intervention under art. 83 is motivated in writing.

(9) the refusal under para. 8 can be challenged under the administrative code.

(10) for the preparation of written opinions under para. 2 of NINKN, respectively by the municipality under art. 17, al. 3 collect fees in an amount fixed by the tariff referred to in art. 19, para. 2 and in the Ordinance under art. 9 of the law for local taxes and fees. "

§ 6. In art. 169, para. 2 Add "certified with signature on the graphic materials".

§ 7. In art. 197, para. 3 the number "2" is deleted.

§ 8. In art. 200 and following amendments and supplements shall be made:

1. The current text becomes paragraph 1.

2. a para. 2:

"(2) Which does not fulfil the obligation under art. 71, para. 2 within the time limit laid down, shall be punished with fine in extend from 5000 to 10 000 BGN, and of a sole proprietor or a legal person having penalty payment in the amount of 15 000 to 30 000 LEVs. "

§ 9. Create art. 200 g and 200 (e):

"Art. 200. (1) an official who fails to fulfill his obligations in the legal withdrawal period under art. 84, para. 6, shall be punished with fine in extend from 500 to 3000 BGN.

(2) where an offence under subsection. 1 was committed reactivation, the penalty is an amount of 5000 to 10 000 LEVs.

Art. 200 e. who realizes investment projects for the construction and placement of monuments, monumental-decorative structures and elements in public spaces in urban and non-populated areas, as well as their relocation or removal without consultation with the Minister of culture on the basis of the decision of the specialized expert advice on fine arts under art. 14, para. 2, is punishable by a fine in the amount of 5000 to 10 000 BGN, and the sole proprietor and legal person having penalty payment in the amount of 15 000 to 30 000 LEVs. "

Transitional and final provisions

§ 10. (1) the units under art. 17, al. 3 are created within one year of the entry into force of this law.

(2) to the creation of the municipal unit under art. 17, al. 3 applications for coordination under art. 84, para. 2 shall be submitted and coordination shall be carried out in the previous row, as opinions are prepared by NINKN.

(3) the votes until the entry into force of this law, applications for consultation in chapter v, section V shall be considered and completed by the previous line.

(4) For declared and notified in accordance with § 10 and 12 of the transitional and final provisions real monuments, which have no specific category until the entry into force of this law, the activities under art. 83 and coordination are carried out in the previous row.

§ 11. The update of the register under art. 19, para. 1, item 6, the creation and maintenance of specialized maps and registers under art. 19, para. 1, item 7 shall be financed from the State budget target, in accordance with the e-Government strategy, the annual programmes approved by decision of the Council of Ministers, on a proposal from the Minister of culture.

§ 12. The activities under art. 19, para. 1, item 6, relating to the update and the keeping of the public register of the real cultural values and the National Archive documentary Fund in electronic form shall be completed within two years of the entry into force of this law.

The law was passed by the National Assembly-43 on 23 June 2016 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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