Law Amending The Law On Tobacco And Tobacco Products

Original Language Title: Закон за изменение и допълнение на Закона за тютюна и тютюневите изделия

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15554/

Name of law
Law amending the Law on Tobacco and Tobacco Products




Name Bill
Amendments to the Law on Tobacco and Tobacco Products





Date of adoption
25/02/2016



Number / year Official Gazette
19/2016








DECREE № 46 Pursuant to Art. 98 pt. 4 of the Constitution of the Republic of Bulgaria
DECREE:
To be published in the "Official Gazette" Law amending the Law on tobacco and tobacco products adopted by HLIIІ National Assembly on February 25, 2016
Released in Sofia on March 8, 2016
President of the Republic: Rosen Plevneliev
stamped with the state seal.
Minister of Justice: Catherine Zaharieva

Law amending the Law on Tobacco and Tobacco Products (prom. SG. 101 of 1993 .; amend., SG. 19 of 1994 . No.. 110 of 1996 pcs. 153 of 1998 pcs. 113 of 1999, pcs. 33 and 102 in 2000, pcs. 110 of 2001, pcs. 20 2003 . No.. 57 and 70 of 2004, pcs. 91, 95, 99 and 105 of 2005, pcs. 18, 30, 34, 70, 80 and 108 of 2006, pcs. 53 and 109 2007 pcs. 36, 67 and 110 of 2008, pcs. 12, 82 and 95 of 2009, pcs. 19 2011 SG. 50 of 2012, pcs. 12 and 14 2015)
§ 1. In art. 1 after the word "regulate" insert "public relations connected with."
§ 2. In art. 2 made the following amendments:
1. In para. 1, 'The government and control "are replaced by" state policy "and the word" conduct "is replaced by" direct and conduct. "
2. Create a new paragraph. 2 and 3:
"(2) The Minister of Agriculture and Food implements the state policy and exercise control in the production and industrial processing of tobacco.
(3) The Minister of Economy implements the state policy and exercising control in the area of ​​tobacco products. "
Third. Former para. 2 becomes para. 4.
4. Former para. 3 becomes para. 5 and is amended as follows:
"(5) The National Strategy par. 4 is developed for a period of seven years. "
§ 3. After Art. 2, the first chapter "and" with art. 2a, 2b and 2c:
"Chapter One" and "
COMMISSIONS ON TOBACCO
Art. 2a. (1) The regional directorates "Agriculture", the territorial scope of which is carried out manufacturing and marketing of tobacco commissions were established tobacco as a permanent body on issues related to grading and buying tobacco. Commissions are appointed by order of the respective Director of the Regional Directorate "Agriculture".
(2) The Minister of Agriculture and Food or a person authorized by him shall approve a list of experts in quality control of raw tobacco to participate in the committee at contesting the grading.
(3) The Minister of Agriculture and Food with Ordinance defines the activities and organization of work of the commissions on tobacco and professional requirements for experts grading of tobacco.
Art. 2b. Commissions tobacco:

1. examining applications, complaints and reports related to grading and buying tobacco;
2. in contesting the grading of tobacco made by re-grading experts grading of tobacco.
Art. 2c. (1) Commissions tobacco supervise compliance with the law and its implementing acts in grading and buying tobacco.
(2) In exercising control under par. 1 Chairman of the Commission or authorized by officials entitled:
1. to inspect the documents and inspection;
2. Free access to the sites of the inspections; 3
. draw up statements for administrative violations.
(3) The procedure for exercising control over par. 1 shall be determined in accordance with Art. 2a par. 3. "
§ 4. In art. 3 the word "production" is replaced by "production" and the word "harvest" is replaced by "picking".
§ 5. Article 4 is amended as follows:
"Art. 4. (1) The production and storage of raw tobacco is based on contracts for the purchase of raw tobacco concluded between tobacco and persons under Art. 16.
(2) Tobacco growers who have entered into contracts under par. 1 is entered annually by 31 March at the public register of tobacco in the Ministry of Agriculture and Food. The deadline for registration may be extended up to two months by the Minister of Agriculture and Food.
(3) registration under par. 2 tobacco present:
1. a copy of the signed contracts for the purchase of raw tobacco;
2. document legal basis for the use of agricultural land area of ​​over 5 acres; 3
. information individualizing farmland on the tobacco area to 5 acres;
4. a copy of the record of the quantities of tobacco bought the previous year.
(4) Paragraph 3 pt. 4 does not apply to persons who are not producing tobacco during the previous year.
(5) The procedure for keeping the register shall be determined by the Minister of Agriculture and Food.
(6) The data in the register be published in compliance with the Law on Protection of Personal Data. "
§ 6. A new art. 5:
"Art. 5. (1) The production of tobacco is carried out by technological instructions for the production of seedlings, planting, growing, harvesting, drying and producer manipulation approved by the Minister of Agriculture and Food.
(2) The production of tobacco use certified seeds with proven origin meeting the requirements of the Law on Seeds and Seedlings.
(3) The production of tobacco seeds is carried out by individuals and legal entities, registered under the Law on Seeds and Seedlings, which leads to the Executive Agency for Variety and Seed.

(4) The quality, purity and origin of tobacco seeds are controlled by the Executive Agency for Variety and Seed Control under the terms and conditions of the Law on Seeds and Seedlings.
(5) The marketing of tobacco seeds are carried out under the Law on Seeds and Seedlings. "
§ 7. Articles 7 and 8 are repealed.
§ 8. In art. 9 par. 3 and 4 are amended as follows:
"(3) Where a dispute grading of tobacco is carried out by expert grading of tobacco from the list of art. 2a par. 2. Grading is done within three days of the request.
(4) In contesting the grading under par. 3 to 5 days of the request is repeated grading by the Commission on tobacco, which is final. "
§ 9. Article 10 is repealed.
§ 10. Article 13 is repealed.
§ 11. In Chapter Four, a new Art. 16 and Art. 16a - 16e:
"Art. 16. Purchase of raw tobacco is done by natural and legal persons:
1. have a valid permit for the purchase of raw tobacco;
2. They have signed a contract for the purchase of raw tobacco growers.
Art. 16a. (1) To obtain authorization for the purchase of raw tobacco persons under Art. 16 submitted to the chairman of the committee on tobacco at the location of the sites and / or facilities under p. 2 or the seat of the merchant application form enclosing certified copies of:
1. program projected amounts of tobacco variety groups to be redeemed;
2. Proof of ownership or right to use the site and / or storage facility redeemed tobacco; Minister of Agriculture and Food establishes minimum requirements to be met by the sites and / or facilities for storing tobacco redeemed, in accordance with Art. 16e, para. 2.
(2) The application and attached documents under par. 1 is inspected by a representative of the Commission on tobacco. On establishing incompleteness chairman of the tobacco shall notify the applicant and give him 10 days of receiving notification of their removal.
(3) Upon failure to rectify deficiencies under par. 2 in the time limit the chairman of the Committee on Tobacco reasoned refusal to issue a permit for the purchase of raw tobacco.
(4) Within 7 days after submission of the application or removal of the incompleteness under par. Two representatives of the Commission on tobacco verify the documents and site inspection whether the object and / or facility meets the requirements under par. 1, p. 2.
(5) Within 7 days of the inspection under par. 4 Chairman of the Committee on Tobacco authorizes the purchase of raw tobacco or motivated refuse the application when the object and / or facility does not meet the requirements under par. 1, p. 2.

(6) The authorization for the purchase of raw tobacco is unlimited, valid for the whole country and can not be transferred to another person.
(7) The refusal under par. 3 and 5 shall be notified and may be appealed under the Administrative Code.
(8) day period of authorization for the purchase of raw tobacco Chairman of the Commission shall send a copy of it to the Ministry of Agriculture and Food for registration under Art. 16e, para. 1. The authorization shall enter into force on the date of its registration.
Art. 16b. (1) Within 7 days of the occurrence of a change in circumstances relating to the authorization issued for the purchase of raw tobacco, the holder shall submit to the President of the Commission for Tobacco of art. 16a para. 1 application form, attaching documents certifying the change.
(2) The new permit is issued pursuant to Art. 16a with the number of the permit expired. If the change in circumstances for which no need for a spot check, the new permit is issued within 7 days.
Art. 16c. (1) The chairman of the committee on tobacco by order suspend the permit for the purchase of raw tobacco, as by an act of a competent authority has established that the person does not have the object and / or facility under Art. 16a para. 1 pt. 2, has used tobacco in the illicit manufacture of tobacco products did not comply with the requirements of Art. 16d para. 1 pt. 2 or 3 or has not concluded a contract under Art. 16, item. 2.
(2) The order under par. 1 reported and may be appealed under the Administrative Code.
(3) Withdrawal of authorization shall be entered in the register under Art. 16e, para. 1.
Art. 16 years. (1) Holders of permits for the purchase of raw tobacco are obliged to submit to the relevant committee for Tobacco:
1. Programme estimated quantities of tobacco variety groups that will be redeemed in the next production year - every year to 31 December;
2. Refer to the quantity bought tobacco and / or raw tobacco variety groups - within 30 days after purchase; 3
. Refer to the available quantities of tobacco and / or dried, and / or manipulated and fermented tobacco from previous harvests and realized quantities of markets in the country in another country - member of the European Union and in third countries, in the implementation of tobacco in the country indicating the persons to whom it is made; Data are presented on varietal groups - each year to 30 June.
(2) The information under par. 1 can be transmitted electronically with samples signed with a qualified electronic signature under the Law on Electronic Document and Electronic Signature.

Art. 16e. (1) The Ministry of Agriculture and Food establishes and maintains a public register of persons who hold a permit for the purchase of raw tobacco.
(2) The procedure for keeping the register shall be determined by the Minister of Agriculture and Food.
(3) The persons registered under par. 1, have access to information under Art. 4 para. 3 pt. 1, 2 and 3. "
§ 12. A new chapter five new art. 17, art. 17a and new art. 18:
"Chapter Five
representative organizations in" tobacco "sector and the sector" tobacco products "
Art. 17. (1) The representative organizations in the sector "tobacco" sector and "Tobacco products" can be recognized as legal non-profit organizations whose members are:
1. manufacturers of tobacco;
2. persons engaged in tobacco processing; 3
. manufacturers of tobacco products.
(2) The organizations recognized representative when:
1. under par. 1, p. 1 combine more than 30 percent of farmers - tobacco, registered under Art. 4 para. 2;
2. under par. 1, p. 2 together persons in the previous year processed more than 50 percent of the total produced in the country of raw tobacco; 3
. the annual volume of manufactured tobacco products from members of the organizations under par. 1, p. 3 for the previous year was more than 50 percent of the total volume of domestically produced tobacco products.
(3) organizations under par. 1 can also be members of research institutes or universities that conduct scientific and applied activities in the field of tobacco or tobacco products.
(4) The persons under par. 1 can belong to only one representative organization for the varietal group.
Art. 17a. (1) The recognition of representative organizations of art. 17, para. 1 shall be made by the Minister of Agriculture and Food.
(2) recognition of representativeness managing authority of the organization shall submit an application to the Minister of Agriculture and Food, enclosing documents certifying that the requirements of Art. 17, para. 1 and 2.
(3) Within one month of filing the application under par. 2 Minister of Agriculture and Food issued an order for the recognition of an organization representative of "tobacco" sector or a motivated refusal that has been reported and may be appealed under the Administrative Code.
Art. 18. (1) The representative organizations of art. 17, para. 1:
1. represent and defend the interests of its members before the executive authorities and local government;
2. represent its members before the Ministry of Agriculture and Food with the right to sign agreements and other documents; 3
. keep and maintain a register of its members and the activities carried out by them;

4. give opinions and participate in working groups for preparation of draft legal acts regulating public relations in "Tobacco";
5. annually submit to the Ministry of Agriculture and summary execution of the requirements of Art. 17, para. 2 and information about their activities.
(2) Within 20 December of the current year the representative organizations of art. 17, para. 1 participate in the signing of a collective agreement with those buying tobacco separately for the production and purchase of tobacco next year.
(3) The collective contract under par. 2 contains:
1. total number of producers acres expected production and quantities;
2. start and end of the buying campaign; 3
. deadlines for distribution of packaging, in line with the average yield per hectare for the variety and growing area - one month before the start of the campaign;
4. minimum quality requirements for the variety (Variety group);
5. deadlines for payment of the purchase tobacco;
6. percentage of unpaid quantities of tobacco redeemed. "
§ 13. A new Chapter Six new art. 18:
"Chapter Six
SUPPORT OF NATIONAL FUNDING
Art. 18a. In permanent cessation of tobacco production on agricultural land registered for the cultivation of tobacco by a registered farmer, replacing production on the same land is promoted through support of national funding in compliance with the requirements for state aid. Persons permanently ceased production of tobacco on land registered for growing tobacco, not entitled to receive transitional national aid for tobacco. "
§ 14. In art. 23 word "cigarettes" and the words "snuff and" shall be deleted and finally added "snuff and tobacco for oral use."
§ 15. Article 25 is repealed.
§ 16. In art. 28 be made the following amendments:
1. In para. 1 word "excise" is deleted and the words "Art. 25 "shall be replaced with" and under the Law on Excise Duties and Tax Warehouses. "
2. In para. 2 finally added "or in another Member - State of the Union."
§ 17. In art. 30 is amended as follows:
1. In para. 2, p. 10 word "excise" is deleted.
2. Paragraph 4 is repealed.
§ 18. In art. 33 para. 2 after the word "export" insert "or dispatches to other Member - State of the Union" and the words "excise" is deleted.
§ 19. In art. 37, para. 1 p. 1 is amended as follows:
"1. copy of the registration or identification code in accordance with Art. 23 of the Commercial Register Act; ".
§ 20. In art. 38 pt. 2 word "excise" is deleted.
§ 21. created art. 44a and 44b:

"Art. 44a. A person who violates the provision of Art. 16 or 16 years or lacks the object and / or facility under Art. 16a para. 1 pt. 2 shall be fined 50 to 500 lev, respectively proprietary sanction from 2000 to 5000 Levs.
Art. 44b. A person who stored raw tobacco without being entered in the register under Art. 4 para. 2 or in the register under Art. 16e, para. 1, except for the person who holds the license for tobacco processing, shall be fined from 50 to 500 lev, respectively proprietary sanction from 2000 to 5000 Levs. "
§ 22. In art. 45 para. 4 and 5 are canceled.
§ 23. In art. 46, para. 2 words "para. 4 "are replaced with" para. 3 '.
§ 24. In art. 47 is amended as follows:
1. In para. 2 word "excise" is deleted.
2. In para. 3 words "para. 1 and 2 "are replaced with" para. 2 ".
§ 25. In art. 52 made the following amendments:
1. In para. 1, p. 2 the words "and Art. 35c, para. 2 "are replaced with" Art. 35c, para. 2, Art. 44a and 44b. "
2. In para. 2 after 'Commission on Consumer Protection "is added" by the Minister of Agriculture and Food "and the word" him "is replaced by" them ".
§ 26. § 1 of the additional provision be made the following amendments:
1. Point 4 is amended as follows:
"4. "Tobacco products" are products that can be consumed and composed even partly of tobacco. "
2. Created so. 4a - 4i:
"4a. "Cigarette" is a roll of tobacco which can be consumed by the combustion process and which is defined in the art. 11 of the Law on Excise Duties and Tax Warehouses Act.
4b. "Cigar" is a roll of tobacco which can be consumed by the combustion process and which is defined in the art. 10 of the Law on Excise Duties and Tax Warehouses Act.
4c. "Cigarillos" is kind of a small cigar that is defined in art. 10 of the Law on Excise Duties and Tax Warehouses Act.
4d. "Tobacco pipe" is the tobacco which can be consumed by the combustion process, and which is intended for use in a pipe.
4e. "Tobacco RYO tobacco" is tobacco that users can use for making cigarettes.
4f. "Smokeless tobacco product" is a tobacco product whose consumption is not performed by combustion, including chewing tobacco, snuff and tobacco for oral use.
4g. "Chewing tobacco" is a smokeless tobacco product intended only (exclusively) for chewing.
4h. "Snuff" is a smokeless tobacco product that can be consumed through the nose.
4i. "Tobacco for oral use 'means any device intended for oral use, except those intended to be inhaled or chewed, made wholly or partly of tobacco dust or particulates or any combination of those forms, particularly those offered in small portions in bags or porous sachets. "
third. Section 15 is repealed.
Transitional and Final Provisions

§ 27. (1) Buying of raw tobacco for harvest in 2016 is carried out by persons who have concluded until May 1, 2016 contracts for purchase of raw tobacco with tobacco. The deadline for the conclusion of contracts can be extended up to two months by the Minister of Agriculture and Food.
(2) For the 2016 harvest tobacco entered in the register under Art. 4 para. 2 to May 1, 2016 based on the information of art. 4 para. 3 pt. 1, 2 and 3. 2016 not submitted information under Art. 4 para. 3 pt. 4. The deadline for registration may be extended by the Minister of Agriculture and Food.
§ 28. In 6 months after the entry into force of this Act to the regional directorates "Agriculture" shall be appointed committees on tobacco.
§ 29. This Act shall enter into force on the day of its promulgation in the "Official Gazette".
The law was adopted by the 43rd National Assembly on February 25, 2016 and was affixed with the official seal of the National Assembly.
Chairman of the National Assembly Tsetska Tsacheva
1558