Law Amending And Supplementing The Law On Application Of The Common Organisation Of The Markets In Agricultural Products In The European Union

Original Language Title: Закон за изменение и допълнение на Закона за прилагане на Общата организация на пазарите на земеделски продукти на Европейския съюз

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15521/

Name of law Law amending and supplementing the law on application of the common organisation of the markets in agricultural products, the European Union's Name to the Bill a bill amending and supplementing the law on application of the common organisation of the markets in agricultural products in the European Union date of acceptance 26/02/2016 number/year Official Gazette 19/2016 Decree No 48

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 application of the common organisation of the markets in agricultural products in the European Union, adopted by the National Assembly of HLIIÌ 26 February 2016.

Issued in Sofia on 8 March 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 application of the common organisation of the markets in agricultural products in the European Union (edu., SG. 96 2006; amend. 16/2008, 10/82 and by 2009 and 26/80 by 2010, issue 8 of 2011 No. 99 by 2013 and PCs. 12, 14 and 57 by 2015.)

§ 1. In art. 16 is hereby amended as follows: 1. In para. 1, the words "application" shall be replaced by "application".

2. in the Al. 4 the word "farming" is replaced by "production".

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

1. In paragraph 8. 1:

a) point 6 is replaced by the following:

6. authorisation control action to comply with the rules of organic production, withdrawal and limiting the scope of authorization, transfer of authorization and issuance of provisional authorisation as well as for subsequent official supervision of the controlling persons; "

(b)) a new point 7:

"7. the fulfilment of the obligations under art. 23, para. 1 on the controlling persons, carrying out controls for compliance with the rules of organic production ";

in the past) point 7 becomes item 8 and after the words "para. 1 "insert" and art. 25 in the "and finally" is added and imports.

2. in the Al. 2 item 3 shall be replaced by the following:

"3. authorisation for the control of conformity of agricultural products and of traditional specialities guaranteed or protected geographical indication with the specification of the product or the foodstuff, the issue of provisional authorisation as well as for the supervision of the controlling persons;".

§ 3. In art. 19 the following amendments and supplements shall be made:

1. In paragraph 8. 2, item 2, the words "EN 45 011, respectively, ISO/IEC Guide 65 ' shall be replaced by" EN ISO/IEC 17065:2012 ".

2. in the Al. 3:

a) point 1 shall be amended as follows:

"1. the procedures for carrying out the control which the controlling person is obliged to apply in the exercise of the control activity, and guarantees for its objectivity in accordance with the requirements of European Union law and national legislation;"

b) point 2 is amended as follows:

"2. a copy of the contract with an accredited laboratory, which will carry out analysis;"

c) in item 4, after the word "equipment" is added "necessary for the implementation of control activities";

d) in item 5, after the words "person" and "evidence" is added.

§ 4. In art. the following 20 amendments:

1. In paragraph 8. 2 the word "country" is replaced by "third State".

2. in the Al. 3:

a) in paragraph 1 the word "country" is replaced by "third country";

b) in paragraph 3 the words "EN 45 011, respectively, ISO/IEC Guide 65 ' shall be replaced by" EN ISO/IEC 17065:2012 "and the word" country "is replaced by" Member ".

3. in the Al. 4:

a) point 1 shall be amended as follows:

"1. the procedures for carrying out the control which the controlling person is obliged to apply in the exercise of the control activity, and guarantees for its objectivity in accordance with the requirements of European Union law and national legislation;"

b) point 2 is amended as follows:

"2. a copy of the contract with an accredited laboratory, which will carry out analysis;"

c) in item 4, after the word "equipment" is added "necessary for the implementation of control activities";

d) in item 5, after the words "person and" add "evidence".

§ 5. In art. 21 the following amendments and supplements shall be made:

1. Paragraph 2 shall be replaced by the following:

"(2) where, on inspection identify gaps and/or discrepancies, officials at al. 1 within 14 days of their determination shall notify the applicant and give him 10 days of receipt of the notice to remedy the limitations or inconsistencies. "

2. in the Al. 5 creates the second sentence: "Authorization control action to comply with the rules of organic production can be transferred to a third person fulfilling the conditions under art. 19 and 20, with the permission of the Minister of agriculture and food. "

§ 6. Art is created. 21A:

"Art. 21. (1) no later than two months prior to the expiry of the existing permission controlling person shall submit an application in accordance with art. 19 or 20. The new permit is issued in accordance with art. 21 with the number of the permit have expired.

(2) on application under subsection. 1 the Minister of agriculture and Forests shall issue a temporary permit of the controlling individual who is in the process of preakreditaciâ, certified by a document issued by an Executive Agency "Bulgarian accreditation service", respectively, by the authority for the accreditation of the Member State of the European Union, the other State party to the agreement on the European economic area, or the authority for accreditation in a State which has signed the agreement for international recognition to the International Accreditation Forum. Provisional authorisation shall not be issued to control persons who have not fulfilled their obligation under art. 23.


(3) the provisional authorisation shall be issued for a term of expiry of the existing permission pending completion of the procedure laid down in preakreditaciâ, but not longer than 6 months, and has the same scope as the permit expired.

(4) within 10 days of the issue of the certificate of preakreditaciâ, but not later than the time limit under paragraph 1. 3, controlling person shall submit to the Ministry of agriculture and food a notarized copy thereof for the issue of a new permit.

(5) within three days of receipt of the refusal of preakreditaciâ controller shall notify the Minister of agriculture and food, who issued an order for the termination of the provisional authorisation. "

§ 7. In art. 22 is made the following changes and additions:

1. In paragraph 8. 3:

(a)) in the text before paragraph 1, after the word "authorization" is added "or restricts its scope";

(b) in item 5) finally added al. 1, item 1.

2. a new paragraph. 4:

"(4) upon expiration, revocation, limitation or cancellation of the authorization scope the controlling persons who are found not to have complied with the requirement of para. 1, and/or establish a circumstance referred to in paragraph 1. 3, do not have the right to submit an application for authorisation to carry out checks on compliance with the rules of organic production, according to the activity for which the scope is limited, within three years of the entry into force of the order under paragraph 1. 5. "

3. The current paragraph. 4 it al. 5 and in her words "for early termination or withdrawal of the authorization ' shall be replaced by" under para. 2 and 3 ".

§ 8. In art. 23 is made the following changes and additions:

1. The current text becomes paragraph 1 and in it:

(a) in item 2) add ' within the limits thereof ";

b) in point 7, the words "every contract and terminated contract" shall be replaced by "the conclusion, amendment and termination of any contract";

in point 9) shall be replaced by the following:

9. apply for new permission not later than two months before the expiry of the existing permission; "

(d)) shall be item 10 and 11:

"10. carry out checks immediately, take appropriate actions and provide information to the supervisory authority under art. 18, al. 2 within the prescribed deadlines for violations thereof by operators with whom they have concluded a contract for the control and certification;

11. notify the operators with whom they have concluded a contract for the control and certification, for the term of the authorization under art. 18, al. 1 within 30 days before the date of its expiry; copies of all notification letters are sent and in the Ministry of agriculture and food. "

2. Al are created. 2 and 3:

"(2) where, in the Ministry of agriculture and food have been obtained copies of letters of notification under paragraph 1. 1, item 11, competent officials shall take the necessary measures and actions to inform operators that the controlling person has concluded the contract for the control and certification, for the expiry of current permit within a period of not less than 15 days before the date of its expiry.

(3) in the case of withdrawal, restriction or suspension of the authorization under art. 18, al. 1 or termination of provisional authorisation under art. 21A, para. 2 the Ministry of agriculture and food shall take the necessary measures and actions immediately to inform operators that the controlling person has concluded the contract for the control and certification. "

§ 9. In chapter IV, section II is creating art. 25 in:

"Art. 25. the official control on the import of organically produced agricultural products and foodstuffs under Regulation (EC) No 834/2007 shall be carried out by the Bulgarian Agency for food safety. In the case of imports of organic wine verifications shall be carried out on the basis of an opinion from the Executive Agency on vine and wine. "

§ 10. In art. 35 following amendments and supplements shall be made:

1. In the text before point 1, the words "Council of Ministers" are replaced with "Minister of agriculture and food".

2. point 2 shall be replaced by the following:

"2. the approval of the implementing body of the regular promotional programmes;".

3. In paragraph 3 the word "promotional" is replaced by "ordinary promotional".

4. In paragraph 4, after the word "approved" is added "ordinary".

§ 11. In art. 36 the following modifications are made:

1. In paragraph 8. 1 the words "Ministry of agriculture and food" shall be replaced by the "Executive Agency for the consumer, healthcare, agriculture and food of the European Union.

2. in the Al. 2 the words "choice" are replaced by "ordinary".

3. Paragraph 4 is replaced by the following:

"(4) the Minister of agriculture and food approved the implementing body of the regular promotional programs."

§ 12. In art. 37 following amendments and supplements shall be made:

1. In paragraph 8. 1, after the word "Commission" "ordinary" is added.

2. paragraph 2 is replaced by the following:


"(2) the paying agency controls the execution of ordinary promotional programs and paid the financial assistance under Regulation (EC) no 1144/2014 of the European Parliament and of the Council of 22 October 2014 for information provision and promotion measures for agricultural products, applicable on the internal market and in third countries and repealing Council Regulation (EC) No 3/2008 (OJ, L 317/56 of 4 November 2014.) , hereinafter referred to as "Commission Regulation (EU) No 1219/2014", Commission implementing Regulation (EC) 2015/1831 of 7 October 2015, laying down rules for the application of Council Regulation (EC) no 1144/2014 of the European Parliament and of the Council on information provision and promotion measures for agricultural products, applicable on the internal market and in third countries (OJ L 266/14, of 13 October 2015) and delegated Regulation (EC) 2015/1829 of 23 April 2015 to supplement Regulation (EC) no 1144/2014 of the European Parliament and of the Council on information provision and promotion measures for agricultural products, applicable on the internal market and in third countries (OJ L 266/3, of 13 October 2015). "

3. in the Al. 3 the words "art. 13 of Council Regulation (EC) No 3/2008 "shall be replaced by" art. 10, 15 and 19 of Regulation (EC) no 1144/2014 ".

§ 13. In Chapter five, section II with art. 48-55 is hereby repealed.

§ 14. In art. 55 and the following modifications are made:

1. In paragraph 8. 1 the words "art. 123, paragraph 4, art. 126A and 126b of Regulation (EC) No 1234/2007 "shall be replaced by ' title II, chapter III of Regulation (EC) no 1308/2013 of the European Parliament and of the Council of 17 December 2013 for the establishment of a common organisation of the markets in agricultural products and repealing Regulations (EEC) no 922/72, (EEC) No 234/79, (EC) no 1037/2001 and (EC) No 1234/2007 (OB , L 347/671 of 20 December 2013), hereinafter referred to as "Commission Regulation (EU) no 1308/2013".

2. paragraph 2 is replaced by the following:

"(2) the producer organisations and associations of producer organisations for milk and milk products, recognized under para. 1 may, under the conditions laid down in art. 149 of Regulation (EC) no 1308/2013, and in the Ordinance under art. 55 in, to negotiate with the first purchasers supplies of raw milk produced by producers. "

§ 15. In art. 55 (b) make the following amendments and additions:

1. Paragraph 1 shall be amended as follows:

(1) raw milk is delivered by a producer and purchased on the territory of the country on the basis of a contract for the delivery to the first purchaser. The contract for delivery shall be concluded in written form. "

2. a new paragraph. 2:

"(2) the requirements under paragraph 1. 1 do not apply to direct sales and authorized for producers whose farms are grown to 4 goats and ewes up to 9 for the production of milk. "

3. The current paragraph. 2 it al. 3 and shall be amended as follows:

(3) contracts under para. 1 shall be awarded in accordance with the clauses and contain under art. 148 (2) of Regulation (EC) no 1308/2013. Void are agreements with that be repealed some of the statutory provisions. "

4. The current paragraph. 3 it al. 4 and, after the words "manufacturer" and "first" is added.

5. The current paragraph. 4 it al. 5.

6. The current paragraph. 5 it al. 6 and in her words "para. 1-4 "shall be replaced by" para. 1-5 ".

§ 16. In art. 55 c, point 1, the words "pursuant to art. 123, paragraph 4, art. 126A and 126b of Regulation (EC) No 1234/2007 ' shall be deleted.

§ 17. In Chapter five establishes the section Iib with art. 55 (e) and 55 is:

Section Iib

The first purchasers of milk

Art. 55 (1) raw cow, ewes ', goats ' and buffalos ' milk is purchased by first purchasers – natural or legal persons who are merchants within the meaning of the commercial code and whose objects are registered by the procedure of art. 12 of the law on food and/or used in buying specialised vehicles registered by the procedure of art. 246 of the Act on veterinary activities.

(2) raw milk under para. 1 can be purchased and the first purchasers, registered in other Member States of the European Union when it comes to their territory.

(3) the persons referred to in para. 1 submitted to the Ministry of agriculture and foodstuffs application for registration in a form approved by the Minister of agriculture and food. The application shall be lodged within 30 days of the registration of the person as per art. 12 of the law on foodstuffs or registration of means of transport under art. 246 of the Act on veterinary activities.

(4) the Ministry of agriculture and food, creates and maintains a public electronic register of the first purchasers of raw milk in the Al. 1, which is published on the website of the Ministry of agriculture and food.

(5) the Minister of agriculture and food determines the order for registration and keeping of the register of the first purchasers of raw milk and for the filing of monthly returns of the first purchasers of the total quantity bought in raw cow's milk by the Ordinance under art. 55 in.

Art. 55. First purchasers under art. 55 e, para. 1 are obliged to:

1. contracts for the supply of raw milk producers, including from other Member States of the European Union, under the conditions and by the procedure of art. 55 (b);

2. the document issued for each delivery of each producer;

3. submit monthly returns to the Ministry of agriculture and food, the total quantity of cow's milk bought on the basis of the contracts registered in accordance with the Ordinance under art. 55 c;

4. provide monthly information on the implementation of their obligations under contracts for delivery – payments;

5. assist the State Fund "Agriculture" in carrying out checks on the contracts for the purchase of raw milk from producers. "

§ 18. In art. 58A, al. 5 the word "registry" is replaced by "database", the word "which" shall be replaced by "where", and "Union" is replaced by "in".

§ 19. In art. 58 (b) is hereby amended as follows:

1. In paragraph 8. 1 third sentence shall be deleted.


2. Paragraph 3 shall be amended as follows:

"(3) the fees to be charged for training for classifiers of the carcases shall be determined by a tariff approved by the Council of Ministers."

3. in the Al. 4:

and before that, the text) 1 shall be replaced by the following: "Licence under para. 1 unlimited and may be withdrawn by the supervisory authorities referred to in art. 58 d, para. 1, under the conditions and by the order of the Ordinance under para. 6 in the case of: ";

b) in paragraph 4, the words "and opt-in refresher courses" are deleted.

4. Paragraph 7 shall be amended as follows:

"(7) in the Ministry of agriculture and food maintains a database of klasifikatorite, completed the course for the classification of carcases of bovine animals, swine and sheep, which reflect the issued and withdrawn testimony."

§ 20. In art. 58 in, al. 3, second sentence, the words "after the signature of the manufacturer or supplier, which gets a copy of the signature against him" are replaced by "who provides a copy of the manufacturer supplying the animals".

§ 21. In art. 63, para. 1, after the words "para. 1 "insert" or does not file a declaration under art. 55 is item 3 ".

§ 22. In art. 64 para. 3 shall be replaced by the following: "(3) The controlling person who does not fulfill or violates the obligation under art. 21A, para. 5 or under art. 23, para. 1, 2-11, a penalty payment in the amount of 500 to 5000 LEVs. "

§ 23. Articles 69, 70, 71, 71, 71, and 72 are hereby repealed.

§ 24. Article 72A shall be amended as follows:

"Art. 72. (1) a person who buys raw milk for processing or resale by a manufacturer without registration as the first purchaser and/or without contract, registered by the procedure of art. 55 (b), para. 5, except in the cases under art. 55 (b), para. 2, having a fine or penalty payment of 5000 to 20 000 EUR

(2) The producer of raw milk, which supplies milk without a contract with a registered the first purchaser, except in the cases under art. 55 (b), para. 2, having a fine or penalty payment from 500 to 2000 BGN.

§ 25. In art. 74, para. 4, the words "article. 69-72 (b) ' shall be replaced by "art. 72 and 72 (b) ".

§ 26. In § 1 of the supplementary provision the following amendments and additions:

1. point 5 shall be replaced by the following:

"5." delivery "means any sale of raw milk produced on the holding of the manufacturer, the first purchaser."

2. Sections 8, 9, 12, 13 and 22 are repealed.

3. Create is that 32 and 33:

"32." Goat "is any female of the caprine species, born at least once or aged at least one year.

33. "Sheep" is any female of the ovine, born at least once or aged at least one year. "

Transitional and final provisions

§ 27. Approved purchasers until the entry into force of this law shall be entered ex officio in the register under art. 55 e, para. 4.

§ 28. The law shall enter into force on 1 April 2016.

The law was passed by the National Assembly-43 on 26 February 2016 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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