Law Amending And Supplementing The Law On Regional Development

Original Language Title: Закон за изменение и допълнение на Закона за регионалното развитие

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15530/

Name of law Law amending and supplementing the law on regional development Name of the Bill a bill amending and supplementing the law on regional development date of acceptance 10/02/2016 number/year Official Gazette 15/2016 Decree No 24

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 regional development adopted by the HLIÌI National Assembly on 10 February 2016.

Issued in Sofia on 18 February 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 regional development (official SG. 50 from 2008; amend., SG. 47, 82 and 93 from 2009, issue 82 by 2012, from 2013, 66, no. 22 and 98 by 2014 and 9 and 14 by 2015.)

§ 1. In art. 1 item 2 is amended as follows:

"2. the planning of spatial development in the territory of the national and regional level."

§ 2. In art. 2 make the following amendments and supplements: 1. The first subparagraph of paragraph 1 shall be repealed.

2. a para. 3:

"(3) the State policy for regional development is based on the following principles:

1. strategic planning approach;

2. programming and concentration of resources;

3. complementarity of funding from national public sources for co-financing with resources from the funds of the European Union, private sources and international financial institutions;

4. interagency coordination of the activities of the competent authorities in the process of planning, programming, security, resursnoto implementation, monitoring and evaluation;

5. consistency with the other policies, instruments and structure actions at international, national, regional and local level;

6. partnership, publicity and transparency at all levels in the implementation of the planning, programming, funding, monitoring and evaluation. "

§ 3. Article 2A is hereby repealed.

§ 4. Article 3 is amended as follows:

"Art. 3. (1) the planning of spatial development in the territory covers a system of reference regulated documents, which aim to:

1. integration in the European area;

2. development of a balanced and polycentric urban network integrated urban rehabilitation and development;

3. territorial connectivity and access to public and private services;

4. sustainable development and preserved natural and cultural heritage;

5. improvement of the specific Territories with adverse socio-economic, geographical and demographic characteristics;

6. promotion of investment, competitiveness and innovation;

7. territorial integration cross-border areas and at transnational level;

8. disaster risk reduction in the endangered areas.

(2) the State policy for regional development and the strukturoopredelâŝite policies are carried out in consultation and in cooperation with the national concept for spatial development and regional spatial development schemes. "

§ 5. In art. 5 make the following amendments and supplements: 1. Al. 2 Add "with adverse socio-economic, demographic and geographic characteristics.

2. Paragraph 4 is replaced by the following:

"(4) the territorial scope of areas for targeted support is determined, taking into account the categories of municipalities in accordance with the law on administrative-territorial unit of the Republic of Bulgaria and their geographical specifications according to data of the Bulgarian Academy of Sciences."

3. in the Al. 5, the words "according to the National Statistical Institute and the administrative statistics on employment agency ' shall be deleted.

§ 6. Article 6 is amended as follows:

"Art. 6. The territorial scope of area for targeted support include:

1. the municipalities of fourth and fifth category;

2. the municipalities of second and third category in the presence of any of the following geographical features:

a) at least 50 per cent of the territory of the municipality is in a mountainous region;

(b)) at least 50 per cent of the territory of the municipality is in mountainous region;

in) the territory of the municipality is in the frontier area. "

§ 7. In art. 7 al. 1 shall be amended as follows:

(1) changes in the territorial scope of areas for targeted support allowed for changes in the categories of the relevant municipalities. "

§ 8. In the title of chapter II "and" the word "Strategic" is deleted.

§ 9. In art. 7 and following amendments and supplements shall be made: 1. In para. 1 the words "strategic planning" are replaced by "planning" and the words "national, regional and municipal" shall be replaced by the words "national and regional".

2. in the Al. 2:

and in the text) before item 1, the words "strategičes Cotto planning ' shall be replaced by ' planning ';

b) point 4 shall be repealed.

3. Al are created. 3 and 4:

"(3) the documents referred to in para. 2 are in hierarchical s″podčinenost and developed for a period of up to 15 years, with the exception of the elements of the technical infrastructure within them, which are planned for a period of up to 30 years.

(4) the sectoral strategy papers at national and regional level are developed in accordance with the documents referred to in paragraph 1. 2. "

§ 10. In art. 7 (b) make the following amendments and supplements: 1. Paragraphs 2 and 3 shall be amended like that:

"(2) the national spatial development concept takes into account the existing strategy papers at international level in the field of spatial development and national strategic documents for the development of the various sectors, transport, environment, energy, economy, health, education, social services, tourism, and more.


(3) the national spatial development concept defines long-term objectives and per spektivi for spatial development in the national territory. "

2. in the Al. 4 point 8 is created:

"8. the results of the public consultation and disclosure in the document."

§ 11. In art. 7 in the following amendments and supplements shall be made:

1. Paragraphs 2 and 3 shall be read with the following adaptations:

"(2) the regional spatial development scheme of the area of level 2 is being developed in accordance with the existing National spatial development concept and take into account predictions of regional level of sectoral strategies in the field of economic development, health care, science, education, social services, transport, water, energy, broadband communications, tourism and the environment.

(3) the regional spatial development scheme of district level 2 defines long-term objectives and perspectives for spatial development in the territory of the region. "

2. in the Al. 4:

a) point 2 is replaced by the following:

"2. the functional areas of cities – construction and peripheral zones of influence outside the boundaries, frontiers of construction centers of municipalities and local entities limits construction of national importance under the law on administrative-territorial unit of the Republic of Bulgaria;

(b)) are item 9 and 10:

"9. the territorial model for the development of the territory of the region;

10. the results of the public consultation and disclosure in the document. "

§ 12. In art. 7 d make the following amendments and supplements: 1. Paragraphs 2 and 3 shall be amended like that:

"(2) the regional spatial development scheme of the area of level 3 is developed in accordance with the regional spatial development scheme for the area of level 2 and takes into account predictions of district level of sectoral strategies in the field of transport, energy, broadband communications, water sector, the economy, tourism, the environment, science and education, health, social services and others.

(3) the regional spatial development scheme of district level 3 defines long-term objectives and perspectives for spatial development on the territory of the region. "

2. in the Al. 4:

a) point 2 is replaced by the following:

"2. the functional areas of cities – construction and peripheral zones of influence outside the boundaries, frontiers of construction centers of municipalities and other localities, such as prominent centers, construction limits of local entities of national and local importance under the law on administrative-territorial unit of the Republic of Bulgaria;

(b)) are item 9 and 10:

"9. the territorial model of development on the territory of the region;

10. the results of the public consultation and disclosure in the document. "

§ 13. (E) article 7 shall be amended as follows:

"Art. 7E. the conditions and deadlines for the formulation, coordination, administration, updating and implementation of the concept and spatial development schemes under art. 7B-7 (d) shall be determined by an Ordinance adopted by the Council of Ministers on the proposal of the Minister of regional development and public works. "

§ 14. In the name of chapter three, the words "and programming" shall be deleted.

§ 15. In art. 8 al. 2 shall be amended as follows:

"(2) the system of documents for the strategic planning of regional development is the basis for the programming of regional development."

§ 16. Article 9 is amended as follows:

"Art. 9. (1) the system of documents for the strategic planning of regional development shall comprise:

1. the national strategy for regional development;

2. regional development plans;

3. regional development strategies;

4. municipal development plans;

5. integrated plans for urban reconstruction and development.

(2) the documents referred to in para. 1 serve to:

1. determination of the actual problems, needs and potentials for development of regions, municipalities and cities, which are taken into account in the development of investment programmes co-financed by the funds, including the European Union;

2. identification of projects contributing to the achievement of national goals and priorities for regional and local development. "

§ 17. In art. 10, para. 3 make the following amendments and additions:

1. a new item 6:

"6. the guidelines to help cities from jerarhiziranata cities from system at national and regional level in accordance with the strategy of spatial development of the country;".

2. Current item 6 becomes item 7.

§ 18. In art. 11 the following amendments and supplements shall be made:

1. In paragraph 8. 4:

create a new) item 3, 4 and 5:

"3. a list of the major projects of regional importance;

4. measures for urban reconstruction and development that will apply to large, medium and small cities and suburban areas;

5. measures and actions to adapt to climate change area; "

(b)) the former paragraph 3, 4, 5, 6 and 7 shall become item 6, 7, 8, 9 and 10.

2. in the Al. 5 Add "and used as the basis for the development of regional State aid schemes".

§ 19. In art. 12 the following amendments and supplements: 1. Al. 3:

create a new) item 5 and 6:

"5. measures and means for the realization of activities in areas of targeted support;

6. the guidelines and measures for the development of territorial cooperation; "

(b)) the current item 5, 6 and 7 shall become item 7, 8 and 9.

2. in the Al. 4 Finally adds "on a proposal from the Governor."

§ 20. In art. 13, para. 1 the words "the concept of spatial development ' shall be replaced by" the General Plan ".

§ 21. Art is created. 13A:


"Art. 13. (1) the integrated plan for urban reconstruction and development provides a spatial, temporal and factual coordination and integration of different policies and planning resources to achieve the objectives defined for the permanent improvement of the economic, social and environmental situation of a city territory.

(2) the integrated plan for urban reconstruction and development shall be adopted by the City Council on a proposal from the Mayor of the municipality. "

§ 22. In art. 14 the words "under art. 9, item 4 – 7 ' shall be replaced by "referred to in art. 9, para. 1, item 1 – 4.

§ 23. Article 15 shall be repealed.

§ 24. In art. 16 is made the following changes and additions:

1. In paragraph 8. 1 paragraph 1 shall be repealed.

2. in the Al. 2, after the word "report" is added "predictions of National spatial development concept and".

§ 25. In art. 17 the following amendments and supplements: 1. In paragraph 5, after the word "development" add "and monitor the application.

2. Section 8 is repealed.

3. In paragraph 9 the words ' 4-7 ' shall be replaced by "para. 1, item 1 – 4.

4. point 10 shall be replaced by the following:

"10. gives instructions to the methodical bodies involved in the development and implementation of integrated plans for urban rehabilitation and development;".

5. In paragraph 11, the word "concepts" is replaced by "concept" and the words "art. 7B-7 (e) "shall be replaced by" art. 7B-7 d ".

§ 26. In art. 18 the following endorsements are added: 1. Al. 4, after the words "Ministry of Interior" is added "the Ministry of education and science and the Ministry of culture" and a comma.

2. in the Al. 7, after the words "from the respective region" insert "of the universities and scientific organizations" and a comma, after the words "legal persons" there shall be added "and civil organizations".

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

1. In paragraph 8. 1:

a) in paragraph 2, after the words "draft" is added "regional and spatial development schemes";

(b)) a new item 5:

"5. discusses investment intentions for the territory of the area and the areas concerned on a proposal from the Ministers, heads of departments and District Governors;"

in the past) item 5 and 6 shall become item 6 and 7;

(d)) the current item 7 becomes item 8 and the words "national strategic reference framework" are replaced by "the partnership";

(e)) the current item 8 becomes item 9 and shall be amended as follows:

9. examine the results and adopt opinions on the implementation and impact of the programmes co-financed by the funds of the European Union, on the development of the region; "

is the current item 9) becomes recital (10);

g) 11 is created:

"11. gives proposals to the competent authorities for changes in sectoral development strategies in relation to the development of the region;"

h) the current item 10 becomes 12.

2. in the Al. 3:

a) in paragraph 1 the words "national strategic reference framework" are replaced by "the partnership";

b) in paragraph 2 the words "Ministry of finance" shall be replaced by the words "the administration of the Council of Ministers".

3. in the Al. 4:

a) in paragraph 1 the words "operations in the operational programmes" shall be replaced by "programmes";

b) in paragraph 2 the word "operations" shall be replaced by "programmes", and the words "operational programmes" shall be replaced by "programmes";

in) a new item 4:

"4. meets twice a year;"

(d)) the current item 4 becomes item 5.

§ 28. In art. 20 the following modifications are made: 1. In para. 2 item 4 shall be repealed.

2. in the Al. 3 the words "Ministry of finance" shall be replaced by the words "the administration of the Council of Ministers".

§ 29. In art. 21 the following amendments and supplements: 1. In paragraph 2, after the words "regional development strategy" is added "and the draft regional spatial development scheme of the area".

2. point 3 is repealed.

3. Point 7 is replaced by the following:

7. coordinate the implementation of sectoral strategy papers concerning the development of the region; ".

§ 30. In art. 22 the following amendments and supplements: 1. Al. 2 the word "articles" is replaced by "permanent members".

2. a new paragraph. 3:

"(3) By Council members with a voice in discussion of issues relating to competence, participate and the heads of the territorial units of the Executive branch of the territory of the region."

3. The current paragraph. 3 it al. 4 and, after the words "legal persons" there shall be added "and the civil organizations".

4. The current paragraph. 4 it al. 5.5. The current al. 5 it al. 6 and shall be amended as follows:

"(6) by decision of the Regional Council for development create permanent or temporary committees, which assist its activities. The standing committees are created in the field of spatial development, spatial planning and construction, industry and new technologies, transport and energy, tourism and the environment, health, education, the labour market and other. "

6. The current paragraph. 6 it al. 7.

7. The current paragraph. 7 it al. 8 and after the word "permanent" insert "and temporary".

8. The current paragraph. 8 it al. 9.

§ 31. In art. 23 is hereby amended as follows:

1. In paragraph 1, the words "the concept of spatial development of the municipality and" shall be replaced by "and" and the comma in front of them is deleted.

2. point 3 is repealed.

§ 32. In art. 24 the following amendments and supplements: 1. Section 2 is repealed.

2. In paragraph 3, after the words "development plan" is added with "municipal plan", and the words "of the municipality with the concept of spatial development of the municipality" shall be deleted.

§ 33. Article 25 shall be repealed.

§ 34. In art. 27 the following amendments and supplements shall be made: 1. The current text becomes paragraph. 1 and in it:

a) point 2 is replaced by the following:

"2. the preparation and updating of the national concept for spatial development and spatial development schemes in the areas of level 2 and level 3;"

b) point 5 is replaced by the following:


"5. the performance of the monitoring and evaluation of regional development and monitoring of the implementation of the national spatial development concept and spatial development schemes in the areas of level 2 and level 3;".

2. a para. 2:

"(2) the competent authority on an annual basis for the development of strategies and plans under art. 9, para. 1, item 1 – 4 to the national concept for spatial and regional development schemes for spatial development plans the necessary financial resources for the implementation of development activities, updating, monitoring and evaluation in the framework of the budgetary procedure, as funds are provided under the law on the State budget of the Republic of Bulgaria for the year. "

§ 35. In art. 31, para. 1 the words "under art. 9, item 5 and 7 ' shall be replaced by "referred to in art. 9, para. 1, 2 and 4.

§ 36. In art. 32, para. 1 the words "under art. 9, item 5 and 7 ' shall be replaced by "referred to in art. 9, para. 1, 2 and 4.

§ 37. In art. 33 the following modifications are made:

1. In paragraph 8. 1 the words "under art. 9, item 4 – 7 ' shall be replaced by "referred to in art. 9, para. 1, item 1-4 "and the words" no later than four years from the beginning "shall be replaced by the words" towards the middle.

2. in the Al. 2, paragraph 4, the word "update" is replaced by "implementation".

§ 38. In art. 34, para. 1 the words "under art. 9, item 4 – 7 ' shall be replaced by "referred to in art. 9, para. 1, item 1 – 4.

§ 39. In art. 35, the words "under art. 9, item 4 – 7 ' shall be replaced by "referred to in art. 9, para. 1, item 1 – 4.

§ 40. Chapter 7 is created with art. 38, 39 and 40:

"Chapter seven

OBSERVATION OF SPATIAL DEVELOPMENT

Art. 38. the monitoring of the national concept and the regional spatial development schemes under art. 7 (a), para. 2, t. 1-3 aims at effectively managing and using the potential of the territory.

Art. 39. (1) For the monitoring of National spatial development concept and the regional spatial development schemes, reports are prepared every three years by the competent authority for the development of the scheme.

(2) the reports referred to in paragraph 1. 1 include:

1. assessment of progress made towards the realization of the predictions of the national spatial development concept;

2. conclusions and recommendations for the update of the national concept and the regional spatial development schemes.

(3) the reports referred to in paragraph 1. 1 shall be agreed and adopted in accordance with the adoption of the document.

Art. 40. For the monitoring of the national concept and the regional spatial development schemes, as well as for the preparation of progress reports on their implementation using geographic information systems. "

§ 41. In § 1 of the supplementary provision the following amendments and supplements: 1. Section 2 is repealed.

2. point 3 shall be replaced by the following:

"3." partnership agreement "means a document which defined the strategy of the Republic of Bulgaria, and the Organization's priorities for the effective and efficient use of EU structural and investment funds for the purposes of the implementation of the European Union strategy for smart, sustainable and inclusive growth and which is approved by the European Commission with implementing decision No CCI2014BG16M8PA001 of 7 August 2014."

3. point 4 shall be replaced by the following:

"4." operational programmes "are documents as defined under art. 2, al. 6 of Regulation (EC) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 for the determination of common provisions on the European regional development fund, the European Social Fund, the Cohesion Fund, the European agricultural fund for rural development and the European Fund for fisheries and Maritime Affairs and laying down general provisions on the European regional development fund , The European Social Fund, the Cohesion Fund and the European Fund for fisheries and Maritime Affairs, and repealing Council Regulation (EC) No 1083/2006 (OJ, L 347/320 of 20 December 2013). "

4. Point 6 is replaced by the following:

"6. the" integrated plan for urban reconstruction and development "is a strategy down integrated action to address the economic, environmental, climatic, demographic and social problems in urban areas, taking into account the need to promote new connections between urban and rural areas, developed for the implementation of operational programmes, funding projects in the cities."

5. Point 7 is replaced by the following:

"7." Central coordination unit "is a structure that coordinates and monitors the implementation of the objectives of the partnership agreement in the absorption of EU structural funds and investment funds in the country."

6. Create is that 9-13:

"9." national authority "is a structure in the Ministry of regional development and public works, being the partner of the managing authority of the programme for territorial cooperation.

10. "mountain region" is a territory in the zone elevation with lower bound 700 m altitude.

11. "Mountainous Region" is a territory in the zone elevation 500 m with lower limit and upper limit below 700 m altitude and inclination of the slope at least 8 degrees or territory under 500 m altitude and inclination of the slope at least 8 degrees, local amplitude of relief at least 100 m or climatic contrast than, equal to, or more than 35 percent.

12. "border" covers administrative units of the municipality level, whose territories into account matching part of the administrative borders of the State border.

13. "a big project with regional importance" is a project worth over 50 million euro, which contributes to the achievement of sustainable economic growth, create new jobs and lead to quality improvement of public services on the territory of the region of level 2. "

Final provisions


§ 42. In the spatial planning Act (promulgated, SG. 1 of 2001; amend., SG. 41 and 111 since 2001, 43/2002, no. 20, 65 and 107 since 2003, no. 36 and 65 since 2004, no. 28, 76, 77, 88, 94, 95, 103 and 105 by 2005, issue 29, 30, 34, 37, 65, 76 , 79, 80, 82, 106 and 108, 2006, issue. 41, 53 and 61 of 2007, PC. 33, 43, 54, 69, 98 and 102 by 2008, PCs. 6, 17, 19, 80, 92 and 93 of the 2009 PCs. 15, 41, 50, 54 and 87 from 2010, PC. 19, 35, 54 and 80 by 2011. 29, 32, 38, 45, 47, 53, 77, 82 and 99 by 2012 PCs. 15, 24, 27, 28, 66 and 109 in 2013, PCs. 49, 53, 98 and 105 by 2014 and PCs. 35, 61, 62, 79 and 101 by 2015.) the following modifications are made: 1. In art. 100 words ' strategic planning ' shall be replaced by "planning" and the words "national, regional and local levels" shall be replaced by the words "national and regional level".

2. In art. 101 the word "strategic" is deleted.

§ 43. In the law on Forests (official SG. 19 of 2011; amend., SG. 43 from 2011, issue 38, 60, 82, and 102 from 2012, issue 15, 27, 66 and 109 from 2013, 28, 53, 61 and 98 by 2014 and 60/79 and 100 by 2015) in art. 10, para. 4, paragraph 1, the words "or of the national strategic reference framework" shall be deleted.

§ 44. The Water Act (promulgated, SG. 67 of 1999; amend., 81/2000, no. 34, 41 and 108 since 2001, issue 47, 74, and 91 of 2002, no. 42, 69, 84, and 107 since 2003, issue 6 and 70 by 2004, issue 18, 77 and 94 since 2005, issue 29, 30, 36 and 65 of 2006; Corr. , PC. 66 by 2006; amend., SG. 105 and 108, 2006, issue. 22 and 59 since 2007, PCs. 36, 52 and 70 of 2008, PCs. 12, 32, 35, 47, 82, 93, 95 and 103 of 2009, PCs. 61 and 98 of 2010, PC. 19, 28, 35 and 80 by 2011. 45, 77 and 82 by 2012 PCs. 66 and 103 in 2013, PCs. 26, 49, 53 and 98 by 2014 and PCs. 12, 14, 17, 58, 61, 95 and 101 by 2015.) in art. 198 with the text before point 1 shall be replaced by the following: "the single information system for water and sewerage services provides:".

§ 45. (1) within three months of the entry into force of this law the Council of Ministers sets in accordance with it the regulation for implementation of the law on regional development.

(2) the Council of Ministers shall adopt Ordinance referred to in art. 7 (e) within 6 months from the entry into force of this law.

The law was passed by the National Assembly-43 on 10 February 2016 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

1134