Name of law Law amending and supplementing the law on registration and control of agricultural and forestry equipment Name Bill a bill amending and supplementing the law on registration and control of agricultural and forestry equipment acceptance date 24/11/2015/year Official Gazette Number 95/2015 Decree No 235
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 the law on the registration and control of agricultural and forestry machinery, adopted by the HLÌÌI National Assembly on 24 November 2015.
Issued in Sofia on December 1, 2015.
The President of the Republic: Rosen Plevneliev
Stamped with the State seal.
Minister of Justice: Hristo Ivanov
LAW
amending the law on the registration and control of agricultural and forestry machinery (official SG. 79 from 1998; amend., no. 22 of 2003, no. 74 and 88 by 2005, issue 30, 34, 80, 82 and 102 in 2006, 53/2007, no. 36, 43, 69 and 100 from 2008, no. 93/2009. , PC. 88 by 2010, PC. 28 of 2011, issue. 38 by 2012, PCs. 15 by 2013 and St. 61 by 2014)
§ 1. In art. 1 the words "and forestry equipment and the acquisition of capacity to work with it" are replaced by "forest machinery, including vehicles and machinery for excavation works, as well as the acquisition and withdrawal of aptitude for working with equipment".
§ 2. Article 2 is amended as follows:
"Art. 2. the law seeks to ensure and on the road using a safe agricultural, forestry equipment, including vehicles and equipment for Earth works. "
§ 3. In art. 3, al. 1 the words "equipment, forestry equipment ' shall be replaced by ' forestry equipment, including vehicles.
§ 4. Article 5 is amended as follows:
"Art. 5. Minister of agriculture and food is:
1. the competent authority for approval and market surveillance authority within the meaning of art. 5 (1) of Regulation (EC) No 167/13 of the European Parliament and of the Council of 5 February 2013 on the approval and supervision of the market of agricultural and forestry vehicles (OJ, L 60/1 of 2 March 2013), hereinafter referred to as "Commission Regulation (EU) No 167/2013";
2. the type approval authority of internal combustion engines for non-road equipment;
3. the national authority for approval and supervision of the market under the Ordinance under art. 9 (b);
4. the issuing authority and the withdrawal of the certificate of competence for work with equipment;
5. authority of test and evaluation of compliance with national and international requirements for the safety of the technique. "
§ 5. Article 6 is replaced by the following: "art. 6. The regional directorates of agriculture have the authority:
1. registration of the technique;
2. control of the technical condition and safety of the equipment placed on the market and/or put into service and for the acquisition of the capacity to work with technique. "
§ 6. New art. 7:
"Art. 7. (1) the Ministry of agriculture and food, creates and maintains an information database for registration, accounting and control of equipment and of persons who have acquired competence to work with her.
(2) the data referred to in para. 1 bring the County directorates for agriculture. "
§ 7. Article 9 is amended as follows:
"Art. 9. (1) is placed on the market only equipment that meets the requirements for type-approval in accordance with Regulation (EC) No 167/2013 or pursuant to the Ordinances under art. 9b and 9 c.
(2) the requirements for type approval relate to the new/new:
1. wheeled tractors;
2. the tracked tractors;
3. trailers;
4. removable trailed technique;
5. systems, components and separate technical units for the technique under item 1 – 4;
6. internal combustion engines for non-road equipment with regard to the emissions of pollutants.
(3) the technique under para. 2, items 1-4, which is a vehicle is divided into categories according to art. 4 of Regulation (EC) No 167/2013. "
§ 8. Article 9A shall be replaced by the following:
"Art. 9A. (1) for the issue of the EU type approval certificate of the art under art. 9, para. 2, item 1 – 5 the manufacturer or his representative shall submit a separate application to the Minister of agriculture and food as selects one of the procedures referred to in art. 20 of Regulation (EC) No 167/2013. The application shall be accompanied by:
1. Declaration for entry in the commercial register with indication of a single identification code for traders and traders of foreign branches entered in the commercial register, and when the manufacturer is not registered in the Republic of Bulgaria – registration document issued by the competent authority of the country of registration;
2. where the applicant's representative – a notarized copy of the document that is authorized by the manufacturer;
3. the documents referred to in art. 22 and 23 of Regulation (EC) No 167/2013;
4. a document for paid fee for the issue of the EU type approval certificate;
5. a statement by the applicant that the documents have not been submitted for approval to the same type of equipment to the competent authority of another Member State of the European Union or of another State party to the agreement on the European economic area.
(2) on application of the EU type-approval technical dossier shall be drawn up pursuant to art. Article 10 of Regulation (EC) No 167/2013.
(3) the manufacturer or his representative shall provide samples of prior art under art. 9, para. 2, item 1 – 4, components and separate technical units, representative of the type to be approved, which are necessary for carrying out the tests and inspections in accordance with art. 27 (2) of Regulation (EC) No 167/2013.
(4) within one month from the date of submission of the application referred to in paragraph 1. 1 the Minister of agriculture and Forests shall issue or refuse to issue a certificate of EU type-approval techniques.
(5) when deficiencies or gaps in the documents referred to in para. 1, the Minister of agriculture and Forests shall notify the applicant in writing, with appropriate instructions for removing them. The period referred to in para. 4 shall be suspended until the removal of shortcomings or limitations in the documents.
(6) the Minister of agriculture and Forests shall issue a certificate of EU type-approval rules are satisfied for the conformity of production in accordance with art. 28 of Regulation (EC) No 167/2013, and the type of equipment:
1. match the data referred to in the technical documentation;
2. meet the applicable requirements of art. 17, 18 and 19 of Regulation (EC) No 167/2013.
(7) the Minister of agriculture and food, refusing to issue a certificate of EU type-approval in compliance with the requirements of art. 24 (1) and (3) of Regulation (EC) No 167/2013.
(8) the requirements for the EC type-approval of a vehicle shall not apply to vehicles under art. 38 (2) of Regulation (EC) No 167/2013.
(9) for the issue of the EU type-approval certificate, the applicant shall pay to the Department of agriculture and food at the rate fee under art. 17, al. 1. A copy of the certificate shall be kept by the Minister of agriculture and food.
(10) the art under art. 9, para. 2, item 1 – 5 is placed on the market when it meets the requirements of the EU type-approval in accordance with Regulation (EC) No 167/2013.
(11) the Minister of agriculture and food authorizes technical services pursuant to Chapter sixteen of Regulation (EC) No 167/2013.
(12) the Minister of agriculture and food determined by Ordinance procedures for the approval of the art under art. 9, para. 2, s. 1-5. "
§ 9. (B) article 9 is amended as follows:
"Art. 9B. The Minister of agriculture and Forests shall determine by regulation the modalities for carrying out the national type approval for trailers, removable trailed machinery, systems, components and separate technical units, for them and for the issue of a certificate of national type approval. "
§ 10. Article 9 shall be amended as follows:
"Art. 9. Minister of agriculture and food determined by Ordinance procedures for the approval of internal combustion engines for non-road equipment with regard to the emissions of pollutants and for the issue of a certificate of type approval. "
§ 11. Article 9 d shall be repealed.
§ 12. In art. 9 (e) make the following amendments and supplements: 1. Paragraphs 1 and 2 shall be read with the following adaptations:
"(1) the provision of market, registration or entry into service of such vehicles shall be carried out in accordance with: 1. Article 38 (1) of Regulation (EC) No 167/13, or 2. Article 39 of Regulation (EC) No 167/13, when the last of a series.
(2) the provision of the market or the putting into service of components and separate technical units shall be carried out in accordance with art. 40 of Regulation (EC) No 167/2013. "
2. in the Al. 3 the word "released" is replaced with "valid".
3. Al are created. 5 and 6:
"(5) the placing on the market and putting into service of parts or equipment which can pose a serious risk to the proper functioning of essential systems shall be carried out by the procedure of art. 45 and 46 of Regulation (EC) No 167/2013.
(6) the placing on the market and putting into service of trailers, removable and trailed equipment systems, components and separate technical units for them, subject to national approval, shall be carried out by the order of the Ordinance under art. 9B. "
§ 13. In art. 10 make the following amendments and additions:
1. Paragraph 1 shall be amended as follows:
(1) the safety of the second hand equipment is certified after completion of the test and evaluation of conformity with the safety requirements of the art by centers for testing and certification of the Ministry of agriculture and food. "
2. in the Al. 4 after the word "payable" is added "of the Ministry of agriculture and food" and the words "tariff approved by the Council of Ministers" shall be replaced by ' the tariff referred to in art. 17, al. 1. "
§ 14. In art. 10 (a) paragraph 4 is amended as follows:
"4. the used equipment that meets the requirements for the roadworthiness test in accordance with the Ordinance under art. 16, al. 1. "
§ 15. In art. 10 (b), para. 2 the words "control-technical inspection" shall be replaced by ' centers for testing and certification of the Ministry of agriculture and food ".
§ 16. In art. 10 in, al. 2, after the word "payable" is added "of the Ministry of agriculture and food" and the words "tariff determined by the Cabinet of Ministers" shall be replaced by ' the tariff referred to in art. 17, al. 1. "
§ 17. In art. 11 the following amendments and supplements shall be made:
1. In paragraph 8. 1, after the words "used in agriculture and forestry ' shall be added" and the machines for earthworks ' and the words ' Regional Office of technical inspection (RS of CTS) "are replaced by" Regional Directorate "farming".
2. in the Al. 2 the words "all over the place RS of CCIS ' shall be replaced by" the Regional Directorate for Agriculture ", the word" head "is replaced by" Director ", and the words" business register "shall be replaced by" information database under art. 7, para. 1. "
3. in the Al. 3, second sentence, the words "certificate of conformity to the approved type" are replaced by "a valid certificate of conformity with EU type approvals, a valid certificate of conformity with nationally approved type or declaration of conformity".
4. in the Al. 4:
and in the text) before item 1, the words ' RS of CCIS ' shall be replaced by "the Regional Directorate for agriculture;
b) in point 1 the words "head of RS of CCIS ' shall be replaced by" the Director of the Regional Directorate for agriculture;
in point 3) is repealed;
d) in paragraph 4 the word "technique" is replaced by "self-propelled machinery," and after the words "10 kW" insert "and" trailers;
e) in item 5, the words "a copy of the document" shall be replaced by "document";
is into) the words "current certificate for entry in the commercial register or unified identification code – for traders" are replaced by "Declaration for entry in the commercial register with indication of a single identification code for merchants and affiliates of foreign merchants, entered in the commercial register and, where the dealer is not registered in the Republic of Bulgaria – registration document issued by the competent authority of the country of registration";
g) point 8 shall be replaced by the following:
8. a valid certificate of conformity with EU type approvals in accordance with art. 38 (1) of Regulation (EC) No 167/2013 or a valid certificate of conformity to the approved type in accordance with the National Ordinance referred to in art. 9 (b); "
h) in item 9, the word "released" is replaced with "valid";
and so is created) 10:
"10. the certificate referred to in art. 10 for compliance with safety requirements for common equipment. "
5. in the Al. 5, paragraph 4, the words "of the documents or" shall be deleted.
6. in the Al. 7 the words "RS of CCIS ' shall be replaced by" Regional Directorate "farming".
§ 18. In art. 13 make the following amendments and additions:
1. In paragraph 8. 2 the words "in order" is replaced by "under conditions and by an order determined."
2. in the Al. 3, the words ' agricultural or forestry equipment ' shall be replaced by "with the words" equipment ", the technical inspection" shall be replaced by the words "the Minister of agriculture and food or an official authorised by him", the words "for which" shall be replaced by the words "such as" and after the word "payable" is added "of the Ministry of agriculture and food".
3. in the Al. 4:
a) in item 4 Finally adds "(machines for ground work)";
(b)) in item 5, the words ' agricultural and forestry ' shall be deleted.
§ 19. The title of chapter v shall be replaced by the following: "control and supervision of the market."
§ 20. Article 15 shall be amended as follows:
"Art. 15. (1) the Director of the Regional Directorate for agriculture or authorised by officials carry out controls for:
1. registration of the art under art. 11;
2. the legal capacity of persons working with technology;
3. technical condition and safety of the technique;
4. the impact of technology on the environment;
5. compliance with regulations through the implementation of training activities for working with equipment;
6. the presence of a valid certificate of conformity with EU approved type the trade name or mark is mapped and type and/or marking or type approval number;
7. the presence of a valid certificate of conformity to the approved type of nationally applied trade name or mark and the type and/or marking or number of national type-approval.
(2) the Minister of agriculture and food or authorised by officials carrying out market surveillance under Regulation (EC) No 167/2013 for:
1. the presence of the EU type approval certificate;
2. statutory markings and type approval markings, imprinted on the vehicles, systems, components or separate technical units in compliance with art. 34 of Regulation (EC) No 167/2013;
3. the mapped name of the producer, registered trade name or registered trade mark and the address in the Member State of the European Union, on the manufactured of it vehicles, components or separate technical units granted to the market; If it is not possible to move in on the component or separate technical unit, shall appear on the packaging or in a document that accompanied them;
4. conformity of vehicles, systems, components and separate technical units with the EU type-approval;
5. developments in the EU type-approval and the availability of an updated EU type approval certificate, as well as a reflection of the changes in the certificate of conformity with EU type approvals;
6. the action taken by the economic operators under Chapter II "General obligations" and chapter XII "safeguard clauses" of Regulation (EC) No 167/2013;
7. the parts and equipment which may pose a serious risk the proper functioning of the major systems.
(3) the Minister of agriculture and food or by authorised officials supervise the market under the Ordinance under art. 9 (b):
1. the presence of certificate of national type-approval;
2. compliance with State of the art national approved type;
3. amendments to the national approved type and the presence of a certificate of amendment of a nationally approved type as well as a reflection of the changes in the certificate of conformity with nationally approved type.
(4) the Minister of agriculture and food or by authorised officials supervise the placing on the market of new engines, fitted or intended to be fitted in the machinery, for the presence of a certificate of approval of a type of engine or engine family in the mark of conformity to the approved type.
(5) the Minister of agriculture and food or authorised by officials carried out checks for the presence of the mark of conformity and/or a valid declaration of conformity in accordance with the law on technical requirements for products, and to machinery – the presence of a certificate of approval of a type of engine or engine family in the mark of conformity to the approved type. "
§ 21. Article 15a shall be amended as follows:
"Art. 15. (1) in the exercise of control and supervision under art. 15 officials in accordance with the inspection and supervisory functions are entitled:
1. to carry out inspections at the production facilities, warehouses, commercial and exhibition areas, farm buildings, personal holdings, at work in agriculture and in forestry;
2. to require verification of the holder of the EU type-approval certificate or in the certificate of national type-approval technical documentation which is included in the technical dossier;
3. to require a valid certificate of conformity with EU approved type or a valid certificate of conformity with nationally approved type, or a valid declaration of conformity;
4. to check for the presence of the required markings and inscriptions on the systems, components or separate technical units for equipment under art. 9, para. 2, item 1 – 4;
5. to verify the technique on the existence of a registration, pass the technical inspection, safety, technical condition;
6. to carry out checks on compliance with the regulatory requirements in the implementation of the activity on training for work with equipment; found in violation of the terms and/or the order for carrying out the activity make proposals to the Minister of agriculture and food for the termination of the registration to carry out the learning activity under this Act;
7. to stop to check the technique at work or movement, to examine identity documents and the certificate of competence of the person working with the technique;
8. free access to the objects of verification;
9. to issue mandatory precepts pursuant to chapter six;
10. to draw up regulations on the establishment of administrative violations under Chapter seven.
(2) officials under para. 1 are obliged to:
1. establish the exact facts when controls or supervision;
2. do not divulge details of the checks prior to their closure, as well as not to use in checking information outside of its purpose;
3. notify the Commission for the protection of consumers, in cases where a violation of the requirements for the new systems, components or separate technical units for new motor vehicles;
4. use a notified technical service upon finding of violation and carrying out checks for compliance testing of new systems, components or separate technical units for equipment under art. 9, para. 2 conform to the approved type.
(3) in carrying out the controls under this law the officials under para. 1 are obliged to identify themselves with a business card and to keep secret facts and circumstances which constitute a trade secret. "
§ 22. In art. 15 (b) the following amendments and supplements shall be made:
1. In the text before paragraph 1 the word "Persons" shall be replaced by "economic operators".
2. In paragraphs 1 and 2, the words "employees of technical inspection" shall be replaced by "officials under art. 15A, para. 1. "
3. paragraph 4 shall be inserted:
4. comply with the requirements of chapter II "General obligations" and chapter XII "safeguard clauses" of Regulation (EC) No 167/2013. "
§ 23. In art. 16 is hereby amended as follows:
1. In paragraph 8. 1 the words "control-technical inspection carries out" are replaced by "Regional Directorates for agriculture" performed ".
2. in the Al. 4, the words "the heads of the RS of CCIS ' shall be replaced by" the directors of the regional departments agriculture.
§ 24. Article 17 is amended as follows:
"Art. 17. (1) the fees provided for in the Act are determined according to the tariff approved by the Council of Ministers.
(2) the Owners shall pay the relevant engineering district Directorate of agriculture tax tariff under para. 1 for:
1. perform the identification;
2. perform registration;
3. technical examinations, with the exception of the topic. "
§ 25. In art. 18 the following amendments and supplements shall be made:
1. In paragraph 8. 1 and 2, the words "control-technical inspection" shall be replaced by "the Director of the Regional Directorate for agriculture.
2. in the Al. 3 the words "control-provides technical inspection" shall be replaced by "officials under art. 15A, para. 1 give the ", the words" establishes "shall be replaced by" where it is established ", and the word" present "is replaced by" submit ".
3. Paragraph 4 is replaced by the following:
"(4) the officials under art. 15A, para. 1 give compulsory requirements where it is established:
1. lack of EU type-approval certificate;
2. lack of amended EU type approval certificate;
3. the absence of a valid EU certificate of conformity to the approved type;
4. technology mismatch with the data referred to in the EU type approval certificate;
5. lack of certificate of national type-approval;
6. lack of a certificate of amendment of the national type-approval;
7. the absence of a valid certificate of conformity with nationally approved type;
8. technology mismatch with the data referred to in the certificate of national type-approval;
9. no type-approval certificate for the engine or engine family or the absence of a mark of conformity to the approved type of new engines, fitted or intended to be fitted to the machinery. "
4. in the Al. 5, the words "control-provides technical inspection" shall be replaced by "officials under art. 15A, para. 1 ".
5. a para. 6:
(6) officials under art. 15A, para. 1 notify the State Agency for metrological and technical supervision in establishing the lack of conformity marking and/or a valid declaration of conformity in accordance with the law on technical requirements for products. "
§ 26. In art. 18 and the following modifications are made:
1. In paragraph 8. 1 the word "charge" is replaced by "apply", and the words "the heads of the regional offices of the technical inspection" shall be replaced by "the directors of the regional departments agriculture.
2. in the Al. 3 the word "imposed" shall be replaced by "the".
§ 27. In art. 21, para. 1, after the word "execute" insert "mandatory" and the words "of the technical inspection" shall be deleted.
§ 28. Create art. 21A, 21B and 21 c:
"Art. 21. (1) who commits any of the offences referred to in art. 72 (2), the letters "a", "b", "c", "d" and "e" of Regulation (EC) No 167/2013, shall be punished with fine in extend from 2500 to 5000 EUR
(2) when the offence under para. 1 is committed by a legal person or sole proprietor, a penalty payment in the amount of 5000 to 10 000 LEVs.
Art. 21 (b) (1) Who fails to comply with a mandatory requirement under art. 18, al. 4, is punishable by a fine from 2500 to 5000 EUR
(2) when the offence under para. 1 is committed by a legal person or sole proprietor, a penalty payment in the amount of 5000 to 10 000 LEVs.
Art. 21. (1) in which it places on the market in violation of art. 10, is punishable by a fine from 2500 to 5000 EUR
(2) when the offence under para. 1 is committed by a legal person or sole proprietor, a penalty payment in the amount of 5000 to 10 000 LEVs. "
§ 29. In art. 22 al. 1 shall be amended as follows:
"(1) that provides or marketed equipment, systems, components and separate technical units or internal combustion engines for non-road machinery in violation of art. 9 or art. 9 (e), (f) or falsify documents or marks for the purpose of providing or placing on the market is punishable by a fine from 2500 to 5000 LEVs. "
§ 30. In art. 22 (b), para. 1 item 5 shall be amended as follows:
5. "which is in breach of art. 10A, item 4; ".
§ 31. In art. 22 the words "agricultural and forestry equipment ' shall be replaced by ' technique '.
§ 32. In art. 22 (d), the words ' agricultural and forestry equipment ' shall be replaced by "with equipment".
§ 33. In art. 22 (e) is hereby amended as follows:
1. In paragraph 8. the words "employees of technical inspection" shall be replaced by "officials under art. 15A, para. 1 "and the words" under art. 15 ' shall be deleted.
2. in the Al. 2 and 3 the words "employees of technical inspection" shall be replaced by "officials under art. 15A, para. 1. "
§ 34. Art is created. 22 is:
"Art. 22. A person who commits an offence in this Act, Regulation (EC) No 167/2013 or regulatory action on their application, except in the cases under art. 19-22 (e) shall be imposed a fine of 50 to 500 EUR, respectively, the penalty payment in the amount of 100 to 1000 BGN "
§ 35. In art. 23 is hereby amended as follows:
1. Paragraph 1 shall be amended as follows:
(1) the acts establishing the infringements shall be drawn up by the officials under art. 15A, para. 1. "
2. in the Al. 2 the words "the Executive Director of the technical inspection" shall be replaced by "the Director of the Regional Directorate for agriculture, respectively, by the Minister of agriculture and food or an official authorised by him".
3. in the Al. 3 the words "control-technical inspection" shall be replaced by ' the relevant regional Directorate for agriculture, according to the account of the Ministry of agriculture and food ".
§ 36. In the additional provision, the following amendments and supplements shall be made:
1. § 1: a) in paragraph 1 the words "type approved" shall be replaced by "EC type-approval or national type approval;
(b)) points 4, 5 and 6 are amended:
"4." tractor "is a concept within the meaning of art. 3, item 8 of Regulation (EC) No 167/2013.
5. "component" is a concept within the meaning of art. 3, item 18 of Regulation (EC) No 167/2013.
6. "mark of conformity to the approved type" is a designation under the provisions of the Ordinances under art. 9b and 9 c or of art. 34 of Regulation (EC) No 167/13. ';
in point 9) shall be replaced by the following:
"9." approval of a type of combustion engines for non-road equipment "is a procedure for verifying that a type or family of engine internal combustion engines for non-road equipment meet the technical requirements of the Ordinance under art. 9. ";
d) points 10 and 11 are amended:
"10." putting into use "is a concept within the meaning of art. 3, p. 40 of Regulation (EC) No 167/2013.
11. "placing on the market" means the provision of a vehicle, system, component, separate technical unit or equipment part, internal combustion engine for machinery for the first time on the market of the European Union. ";
(e)) including 13 the words "art. 9, para. 9 "shall be replaced by" art. 9 ";
f) sections 14, 15, 16 and 17 be amended thus:
"14." system "is a concept within the meaning of art. 3, item 17 of Regulation (EC) No 167/2013.
15. "trailer" is a concept within the meaning of art. 3, item 9 of Regulation (EC) No 167/2013.
16. "Removable trailed technique" is a concept within the meaning of art. 3, item 10 of Regulation (EC) No 167/2013.
17. "separate technical unit" is a concept within the meaning of art. 3, item 19 of Regulation (EC) No 167/13. ';
g) points 21, 22, 23 and 24 are amended:
"21." producer "is a concept within the meaning of art. 3, item 25 of Regulation (EC) No 167/2013.
22. "representative" is a concept within the meaning of art. 3, p. 26 of Regulation (EC) No 167/2013.
23. "parts" is a concept within the meaning of art. 3, n. 20 of Regulation (EC) No 167/2013.
24. "equipment" is a concept within the meaning of art. 3, t. 21 of Regulation (EC) No 167/13. ';
(h)) were established that 26-38:
"26." registration "is a concept within the meaning of art. 3, item 38 of Regulation (EC) No 167/2013.
27. "importer" is a concept within the meaning of art. 3, item 41 of Regulation (EC) No 167/2013.
28. "distributor" is a concept within the meaning of art. 3, p. 42 of Regulation (EC) No 167/2013.
29. "economic operator" is a concept within the meaning of art. 3, item 43 of Regulation (EC) No 167/2013.
30. "vehicle" means a tractor, trailer or interchangeable concepts in trailed under the technique point 8, 9 and 10 of Regulation (EC) No 167/2013.
31. "type-approval" is a concept within the meaning of art. 3, point 1 of Regulation (EC) No 167/2013.
32. "national type approval" means the procedure for approval by the order of the Ordinance under art. 9 (b).
33. "EC type-approval" is a concept within the meaning of art. 3, point 7 of Regulation (EC) No 167/2013.
34. "EC type-approval certificate" is a concept within the meaning of art. 3, s. 32 of Regulation (EC) No 167/2013.
35. "certificate of national type-approval" means a document issued by the Minister of agriculture and food, to the effect that the type of equipment under art. 9, para. 2 satisfies the relevant technical requirements of the Ordinance under art. 9 (b).
36. "market surveillance" is a concept within the meaning of art. 3, s. 44 of Regulation (EC) No 167/2013.
37. "making available on the market" is a concept within the meaning of art. 3, item 47 of Regulation (EC) No 167/2013.
38. "technical service" is a concept within the meaning of art. 3, item 28 of Regulation (EC) No 167/2013. "
2. § 1: "§ 1 (a). This law provides for measures for the implementation of Regulation (EC) No 167/13 of the European Parliament and of the Council of 5 February 2013 on the approval and supervision of the market of agricultural and forestry vehicles. "
Transitional and final provisions
§ 37. (1) the technical inspection of the Ministry of agriculture and Forests shall be closed.
(2) within one month from the entry into force of this Act, the Minister of agriculture and Forests shall appoint a liquidation Commission and sets out its functions. The President of the Commission and directs the liquidation represents the inspection.
(3) the liquidation Commission shall carry out the liquidation of the inspection within 6 months of appointment. the liquidation costs are at the expense of the means of subsistence in the approved budget of the technical inspection and in the budget of the Ministry of agriculture and food.
(4) the assets, liabilities, the archive, as well as the other rights and obligations of the technical inspection pass to the Ministry of agriculture and food, according to the regional directorates for agriculture ".
§ 38. (1) the authority of the Executive Director of the technical inspection shall be terminated from the date of entry into force of this law.
(2) service with the employees of the specialized administration of the indoor control and technical inspection of the title "Chief", "head of Department", "senior", senior expert, junior expert "," Chief Inspector, Senior Inspector "and" Inspector "shall be settled under the conditions and by the procedure of art. 87 (a) of the law on civil servants.
(3) service with the employees from the technical inspection control-beyond those under para. 2, as well as employment relationships shall be governed under the conditions and by the procedure of art. 106, para. 1, item 1 of the law on civil service, respectively, under the conditions and by the procedure of art. 328, para. 1, item 1 of the labour code.
§ 39. (1) certificates issued prior to the entry into force of this law certificates, certificates and other documents retain their validity until the expiry of the period for which they are issued.
(2) being done pending the entry into force of this law, the procedures for issuing the documents referred to in para. 1 shall be reversed by the Minister of agriculture and food, respectively, of the regional directorates of agriculture, in accordance with the established powers in the law.
(3) customer's open until the entry into force of this law the administrative penal proceedings shall be completed by the regional directorates of agriculture, respectively from the Ministry of agriculture and food.
§ 40. Issued prior to the entry into force of this law permits for the carrying out of the activity on the training of candidates for work with equipment retain their validity until the expiry of the period for which they are issued.
§ 41. Vehicle types for which type-approval has been obtained for the completed vehicle under the law of the Member State of the European Union imposing Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units and repealing Directive 74/150/EEC, may be registered, placed on the market or put into service until 31 December 2017, New types of vehicles that are not subject to approval pursuant to the directive in the first sentence can be registered or put into service until 31 December 2017, in accordance with the law of the Member State of the European Union in which they are put in use or registered.
§ 42. (1) within three months of the entry into force of this Act:
1. The Council of Ministers sets in accordance with the rules of procedure it the Ministry of agriculture and food, such as changing the functions and number of staff of the Ministry.
2. Minister of agriculture and food, brought in accordance with the rules of procedure of the regional it departments as agriculture, changing the functions and the headcount of the regional directorates.
(2) the Minister of agriculture and food brought from it issued regulations in accordance with this Act within 6 months from its entry into force.
(3) to bring the regulations under para. 1 and 2 in accordance with this law shall apply the regulations, so long as they do not contravene this law.
§ 43. The law on road traffic (official SG. 20 of 1999; amend., no. 1 of 2000 and 43/76 of 2002, no. 16 and 22 of 2003, issue 6, 70, 85 and 115 of 2004, no. 79, 92, 99, 102, 103 and 105 by 2005, issue 30, 34, 61, 64, 80, 82, 85 and 102 in 2006. , PC. 22, 51, 53, 97 and 109 from 2007, PCs. 36, 43, 69, 88 and 102 by 2008, PCs. 74, 75, 82 and 93 from 2009, PCs. 54, 98 and 100 by 2010, PC. 10, 19, 39 and 48 by 2011; Decision No. 1 of the Constitutional Court by 2012 – PCs. 20 by 2012; amend., SG. 47, 53, 54, 60 and 75 by 2012 PCs. 15 and 68 in 2013, PCs. 53 and 107 by 2014 and PCs. 14, 19, 37 and 79 of 2015) in art. 166 a, para. 3, paragraph 4, the words "control-technical inspection to" shall be deleted.
§ 44. In the law of forfeiture to the State of illegally acquired property (official SG. 38 by 2012, a decision of the Constitutional Court No. 13 by 2012 – the No. 82 by 2012; amend., SG. 102 and 103 of the 2012 No. 15 by 2013; decision No 2 of the Constitutional Court by 2013 – No. 50 by 2013; amend. , PC. 66 by 2013, PCs. 98 by 2014 and PCs. 14, 22 and 74 by 2015.) in art. 44, para. 4, the words ' agricultural or forestry ' shall be deleted and the words "control and technical inspection of the Ministry of agriculture and food" shall be replaced by ' the relevant regional Directorate for agriculture.
§ 45. In the labour inspection Act (promulgated, SG. 102 by 2008; amend., SG. 35 and 82 from 2009 16/88 and from 2010, no. 66 by 2013, no. 98 of 2014 and 14 by 2015) in art. 5, al. 2 item 6 shall be amended as follows:
"6. the regional directorates for agriculture", which perform functions under the law for registration and control of agricultural and forestry equipment; ".
§ 46. In the law for helping farmers (official SG. 58 of 1998; amend., SG. 79 and 153 of 1998, no. 12, 26, 86 and 113 of 1999 No. 24 of 2000 No. 34 and 41 of the 2001 46/96 and by 2002, no. 18 of 2004, no. 14 and 105 by 2005. , PC. 18, 30, 34, 59, 80, 96 and 108 of 2006, St. 13, 53 and 59 since 2007, PCs. 16, 36, 43 and 100 of 2008, PCs. 12, 32, 82, and 85 of 2009, PCs. 59 by 2010, PC. 8 by 2011, issue. 38 by 2012, PCs. 15, 66, 101 and 109 in 2013, PCs. 40 and 98 by 2014 and PCs. 12 and 61 by 2015.) in art. 47 in, al. 5, the words "with the control-technical inspection" shall be replaced by ' the relevant regional Directorate for agriculture.
§ 47. The law shall enter into force from 1 January 2016.
The law was passed by the National Assembly-43 on 24 November 2015 and is stamped with the official seal of the National Assembly.
President of the National Assembly Tsetska Tsacheva:
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