Law Amending And Supplementing The Law On Consumer Protection

Original Language Title: Закон за изменение и допълнение на Закона за защита на потребителите

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15351/

Name of law law amending and supplementing the law on consumer protection bill name a bill amending and supplementing the law on consumer protection adoption date 15/07/2015 number/year Official Gazette 59/2015 Decree No 141

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 consumer protection adopted by the HLIIÌ National Assembly on July 15, 2015.

Issued in Sofia on 23 July 2015.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Hristo Ivanov

LAW

to amend the Consumer Protection Act (promulgated, SG. 99 of 2005; amend., SG. 30, 51, 53, 59, 105 and 108 of 2006, issue 31, 41, 59 and 64 of 2007 and 36/102 by 2008, issue 23, 42 and 82 from 2009, issue 15, 18 and 97 from 2010. , PC. 18 of 2011, issue. 38 and 56 by 2012 PCs. 15, 27 and 30 by 2013, PCs. 61 by 2014 and PCs. 14 by 2015.)

§ 1. In art. 143 following amendments and supplements shall be made: 1. item 8 (a):

' 8A. provides automatic extension of a fixed-term contract, if the consumer does not request for termination and the period within which you must do this, is too remote from the date of expiry of fixed-term contract; ".

2. a new item 18:

"18. do not allow the user to assess the economic implications of the conclusion of the Treaty;".

3. Current item 18 becomes item 19.

§ 2. In art. 147 (b), para. 3 the second sentence is created: "Paragraph 2 does not apply in cases where the change in the general terms and conditions is a result of an order or instruction of a competent authority."

§ 3. In art. 148, para. 1, item 4, ' DIS delIII "shall be replaced by ' section IV".

§ 4. In chapter six is created art. 148:

"Art. 148. Actions under this chapter shall be treated in accordance with Chapter 25 of the code of civil procedure. "

§ 5. In art. 161 and al. 4 shall be amended as follows:

"(4) on receipt of an invitation for payment of the second and each subsequent year, the user has the right to terminate the contract for long-term holiday products, without any penalty, upon notice to the trader within 14 calendar days from the date of receipt of the invitation for payment of each annual instalment.

§ 6. In art. 161 n words "section II" are replaced by "section III".

§ 7. In chapter nine established a new section II with art. 181a-181 (w):

"Section II

Alternative dispute resolution for consumer disputes

Art. 181. (1) the provisions of this section govern the requirements for alternative dispute resolution procedures for national and cross border disputes relating to obligations arising out of contracts for sale or provision of services by the merchant, established in the territory of the European Union, and a consumer resident in the territory of the European Union, carried out by the authority on alternative dispute resolution for consumer disputes and ending with an offer of judgment , the imposition of a solution or a collection of the parties to the dispute to help finding a solution by mutual agreement.

(2) authority of alternative dispute resolution of consumer disputes (authority for ADR) has any authority, regardless of its name, which is established, place a permanent activity in alternative dispute resolution for consumer disputes and is included in the list under art. 181 p. the authority for ADR can be sole or collegial.

(3) the authority for ADR is established, if it is administered by:

1. physical person – at the place where it carries on an activity on alternative dispute resolution for consumer disputes;

2. a legal person or Association of natural or legal persons – the place where operate on alternative dispute resolution for consumer disputes or, where they are established in the Statute;

3. body of State authority or another public institution – the place where they are established.

Art. 181 (b). the provisions of this section do not apply to:

1. procedures before bodies for the settlement of disputes, in which the individuals responsible or involved in the resolution of disputes, are employed or remunerated entirely by a certain merchant;

2. procedures for handling consumer complaints under rules developed by the trader;

3. services of general interest provided by the State or on behalf of the State that have no economic in nature;

4. disputes between traders;

5. direct negotiations between the consumer and the merchant to resolve the dispute between them;

6. initiated legal proceedings, in the course of which a friendly solution;

7. the procedures instituted by a trader against consumers;

8. health services provided by health professionals to patients in order to assess, maintain or restore their State of health, including the Administration, the implementation of medical regulations and the provision of medicinal products and medical devices;

9. public high schools or public schools in secondary education.

Art. 181 in (1) the authority shall examine the national ADR arising disputes between consumers and traders, connected with the obligations arising from agreements concluded, including online, sales contracts, or for the provision of services, including the sale of digital content or making it available for a fee.


(2) the authority shall consider and ADR encountered cross-border disputes between consumers and merchants in connection with obligations arising from contracts entered into for online sales or services, through the use of the online platform for the settlement of disputes in accordance with the requirements of Regulation (EC) no 524/13 of the European Parliament and of the Council of 21 may 2013 on online dispute resolution of consumer disputes, and amending Regulation (EC) No 2006/2004 and directive 2009/22/EC (the DSB for users) (OJ , L 165/1 of 18 June 2013), hereinafter referred to as "Commission Regulation (EU) no 524/2013".

(3) national dispute is any dispute arising in connection with the sale or contract for the provision of services in which at the moment when the consumer orders the goods or the services resides in the same Member State of the European Union, in which the trader is established.

(4) a cross-border dispute: any dispute arising in connection with the sale or contract for the provision of services in which at the moment when the consumer orders the goods or the services resides in a Member State of the European Union other than the one where the trader is established.

(5) the Trader is established, if it is:

1. a natural person – the place where it carries on an activity;

2. a company, any other legal person or Association of natural or legal persons – the place where it has its registered office, Central Administration or where it carries out its activities, including through a branch, agency or any other body.

Art. 181. (1) the authority for ADR ensures that its procedure for alternative resolution of consumer disputes (procedure for ADR) is available to users and they can relate to it a dispute against a trader established within the territory of the country where the dispute falls within the scope of this procedure.

(2) the authority for ADR disputes between consumers and traders in accordance with the requirements of the ADR procedure and principles of expertise, independence, impartiality, transparency, effectiveness, legality, liberty and justice.

(3) the authority for ADR must:

1. is there a procedural rules, which comply with the requirements of this section;

2. maintain an updated website that provides easy access to the parties information on the procedure for ADR and that allows users to submit complaints and the necessary documents to them online;

3. make available to the parties, at their request, the information referred to in paragraph 2 on the procedure for ADR of durable medium;

4. enable the user to lodge a complaint at the place where it is established, by post, by fax or by other means (offline), where applicable;

5. provide an opportunity for the exchange of information between the parties by electronic means or, where applicable, by post;

6. examine national and cross-border disputes falling within the scope of art. 2 (1) of Regulation (EC) no 524/2013;

7. ensure that with regard to the processing of personal data complies with the requirements of the data protection act.

(4) the authority shall draw up rules of procedure for ADR for work, which lays down the procedure for ADR, as well as the final act, with the ending – by offering a decision imposing a decision or a collection of the parties to the dispute, in order to support finding a solution by mutual agreement.

(5) the authority for ADR may refuse to consider the argument of the user against the trader, when in its rules of procedure are provided for any of the following grounds:

1. the user is not trying to resolve the dispute directly with the merchant;

2. the dispute is trivial or vexatious;

3. the dispute is being considered or has been considered by another body for ADR by the pre-trial proceedings or by the Court;

4. the complaint is with a lower or higher value than a predetermined lower and/or upper monetary threshold;

5. user has not filed a complaint to the authority for ADR in a specified period, which may not be less than one year from the date on which the user is sent a complaint to the dealer;

6. the examination of the dispute would seriously hamper the work of the authority for ADR due to factual and legal complexity.

(6) where the Authority refuses to consider ADR dispute based on any of the grounds referred to in paragraph 1. 5, provided for in its rules of procedure to work, he must motivate the refusal before the two countries no later than three weeks from the receipt of the complaint.

(7) the grounds for refusal under para. 5, provided for in the procedural rules for the work of the authority for ADR, should not impede the access of the user to the ADR procedure, including in the case of cross-border disputes.

(8) where the authority for ADR has defined in its rules for working the lower and/or upper monetary threshold below and/or above the value of which does not deal with complaints, the thresholds should not impede access to ADR procedure.

Art. 181 e. (1) the natural persons who take part in the examination of disputes in ADR procedure, must be independent, impartial and possess the necessary expertise.

(2) individuals with al. 1:

1. must possess the necessary knowledge and skills in the area of out-of-court or court settlement of consumer disputes, and general knowledge of the law;

2. shall be appointed for a long enough period, in order to ensure the independence of their actions and may not be removed from Office without valid reason;

3. you may not receive instructions from the parties concerned or their representatives;

4. receive remuneration does not depend on the outcome of the proceedings for ADR;


5. provide the authority for ADR without undue delay information for all circumstances which may affect or may be perceived as affecting their independence and impartiality or which give rise to a conflict of interest with any of the parties to the dispute who decide.

(3) individuals with al. 1 are required to provide information under para. 2, item 5 at any time in the course of the procedure in ADR, except where authority for ADR is a rogue.

(4) in order to ensure the independence and impartiality of individuals for which there is a circumstance referred to in paragraph 1. 2, item 5, the authority for ADR is obliged to include in its rules for operating one or more of the following requirements: 1. the individual is replaced by another individual who carry out the procedure for ADR;

2. the individual shall abstain from participation in the ADR procedure and, where possible, propose to the parties to refer the dispute to the other competent authority for ADR;

3. the individual continues participation in ADR procedure if the parties to the dispute have not objected, after being notified of the circumstances and of their right to object.

(5) where the authority is the sole ADR apply only al. 4, item 2 and 3.

(6) where the authority for ADR is collegial, the number of individuals representing the interests of consumers and dealers, must be equal.

(7) the natural persons involved in the composition of the College for ADR, remuneration from the country from which they are employed and whose interests they represent.

(8) where the individuals are employed or remunerated entirely by professional organization or by an Association of merchants, which is a member of the dealer – a party to a dispute, the relevant organisation or an Association of traders must have a separate budget, which is intended for the participation of individuals in the work of the authority for ADR and is sufficient for the performance of their tasks.

(9) the provisions of para. 8 shall not apply in cases where the individuals involved in the College for ADR, composed of an equal number of representatives of the professional organisation or an Association of traders, who are employed or remunerated, and representatives of associations of users.

Art. 181. The authority for ADR is obliged to observe the principle of transparency by posting on its website and provides the durable medium on request or through other appropriate means public access to a clear and easily understandable information with regard to:

1. contact details, including postal address and e-mail address;

2. the recognition of his authority for ADR by the Minister of the economy and the inclusion in the list under art. 181 p;

3. individuals that govern or participate in ADR procedure, manner and term of their appointment;

4. membership in networks of ADR bodies to facilitate cross-border dispute resolution where appropriate;

5. disputes which e competent to deal with, including the monetary thresholds, if provided for in the procedural rules for the job;

6. the procedural rules, the final act, which ends the procedure for ADR, and the grounds on which it may refuse to review a dispute pursuant to art. 181 d, para. 5;

7. languages that may be lodged complaints to the authority for ADR and of which the procedure is conducted;

8. the sources of law which can used for the resolution of the dispute (such as legal rules, codes of conduct, principles of fairness, impartiality);

9. the requirements which the parties must perform before the dispute to be addressed, if any, including the requirement that the user has attempted to resolve the dispute directly with the merchant;

10. the availability of opportunity for parties to withdraw from the procedure for ADR;

11. the costs of the parties to the dispute, if any, including the rules for the allocation of these costs at the end of the ADR procedure;

12. the average duration of procedure for ADR;

13. the legal consequences of the outcome of the proceedings for ADR and, where applicable, the penalties for failure to comply with the decision, which is binding on the parties to the dispute;

14. enforceability of the decision reached in the framework of the ADR, if there is one.

Art. 181. (1) the authority for ADR shall prepare an annual report on its activities in alternative dispute resolution for consumer disputes, which are published on his website, provides the durable medium on request or by any other appropriate means, in order to provide public access to it.

(2) the annual activity report referred to in paragraph 1 shall include the following information in respect of national and cross-border disputes: 1. number of appeals received and the subject-matter of the dispute;

2. systemic or significant problems that occur frequently and lead to disputes between consumers and traders; This information may contain recommendations for preventing or resolving such problems in order to raise the professional standards of the traders and to facilitate the exchange of information and good practices;

3. percentage of disputes which the authority for ADR has refused to consider, and the percentage share of the individual grounds for refusal made under art. 181 d, para. 5;

4. the percentage share of the suspended procedures for ADR and the reasons for their termination, if known;

5. average duration of procedure for ADR;

6. the degree of execution of the decisions of the ADR procedure, if known;

7. the cooperation of the authority for ADR within the networks of ADR bodies to facilitate cross-border disputes where appropriate.


Art. 181. The procedural rules for the work of the authority for ADR must be effective and meet the following requirements:

1. the procedure for ADR is readily available, including online, for both parties to the dispute, no matter where they are;

2. the parties have access to ADR procedure without being obliged to use the services of a lawyer or another lawyer; the procedure should not deprive the parties of their right to seek independent advice or to be represented or assisted by a third party, at any stage of the procedure;

3. the procedure for ADR is free or access to it to be associated with marginal costs for consumers;

4. where the authority for ADR is seised with an appeal to the consumer, to notify the parties to the dispute as soon as it has received all the documents relating to the complaint;

5. the result of the ADR procedure shall be made at the latest within 90 calendar days from the date on which the authority for ADR has received all of the documents in the appeal; in disputes with factual and legal complexity, the ADR may, at its discretion, extend this deadline to notify the parties and determines the time required to solve the dispute.

Art. 181. (1) the rules for the work of the authority for ADR must be fair and ensure that the parties to the dispute:

1. have the opportunity to express its views within a reasonable period of time, receive from the authority for ADR all arguments, evidence, documents and evidence presented by the other party, any statements and opinions of the experts, as well as to provide their comments on them;

2. are informed that they are not obliged to use the services of a lawyer or another lawyer may seek independent opinion or to be represented or assisted by a third party, at any stage of the procedure;

3. be informed of the result of the ADR procedure in written form or on a durable medium and received the reasons on which the decision is based;

4. have the option to withdraw at any stage of the procedure if you are not satisfied with the results or the way of the conduct of the procedure, as well as to obtain information on its right, before beginning the procedure; where provided for mandatory participation of the trader in the procedure, the requirements of the first sentence shall apply only to the user;

5. before adopting or to fulfill the proposed decision are notified that:

a) may accept, decline or implement the decision;

b) participation in the ADR procedure does not preclude the possibility of protection by a court order;

in the decision) may differ from the judgment given by the Court;

6. before adopting or to fulfill the proposed decision are informed about its legal effects;

7. have a reasonable period of time for reflection, before accepting the proposed decision or agreement by mutual consent.

(2) the requirements of paragraphs 1 and 2. 1.4 to 7 apply only to ADR procedure in which the dispute is decided by offering a solution.

(3) the requirements of paragraphs 1 and 2. 1.4 to 7 apply only to the user, where under the procedural rules for the work of the authority for ADR proposed decision shall become binding on the trader after its acceptance by the consumer.

Art. 181 HP. (1) the authority for ADR must comply with the principle of freedom and not to deprive the user of the possibility of protection through the courts.

(2) the procedures whereby the authority for ADR resolves a dispute between a consumer and a trader by imposing a decision, the decision will be binding if the parties have been notified in advance about the mandatory nature and have stated explicitly their agreement. The merchant's express consent is not required if the procedural rules for the work of the authority for ADR provided that decisions are binding on the trader.

(3) where a consumer and trader conclude an agreement for the settlement of disputes by the authority for ADR, before a dispute has arisen between them, and it deprives the user of the possibility of protection by a court order, this agreement is not binding on the consumer.

Art. 181 l. ADR body that decides a dispute between a consumer and a trader by imposing a solution, respecting the principle of legality, as in cases where:

1. no conflict of laws, the decision should not deprive the user of the possibility of protection by a court order, if it has not been notified in advance about the statutory character and it is not stated explicitly their agreement under the law of the Member State of the European Union, on whose territory they habitually reside user and dealer;

2. There is a conflict of laws and applicable law determined in accordance with art. 6 (1) and (2) of Regulation (EC) no 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ L 177/6 from 4 July 2008), the solution must not deprive the consumer of the protection afforded to him by provisions of the law of the Member State of the European Union, on whose territory is habitually resident and which cannot be undone by agreement;

3. There is a conflict of laws and applicable law determined in accordance with art. 5, al. 1 and 3, of the Convention on the law applicable to contractual obligations, opened for signature in Rome on 19 June 1980, done in Rome on 19 June 1980 (ratified by law – SG. 24), the solution must not deprive the consumer of the protection afforded to him by the provisions of the law of the Member State of the European Union, on whose territory is habitually resident and which cannot be undone by agreement.


Art. 181 m. where the parties using ADR procedure, which does not provide for the imposition of a solution, time limits for judicial protection does not run until the procedure is complete.

Art. 181. (1) the merchants provide consumers information about ADR bodies, in whose scope of activity fall, and ADR bodies to which they have committed themselves to participate or are obliged to use. The information includes the address of the website to the relevant authorities for ADR.

(2) the information referred to in para. 1 shall be provided in a clear, comprehensible and easily accessible manner on the merchant's website, where available, and where appropriate, in the terms and conditions of the contract of sale or in the contract for the provision of services offered by the merchant.

(3) where a dispute has been referred for consideration by the user directly to the merchant, but was not resolved between them, the dealer is required to provide to the consumer on paper or on another durable medium, the information under para. 1, indicating whether the relevant authorities will use ADR.

(4) traders who conclude contracts for online sales or services, as well as online trading sites, established in the framework of the European Union, put on their websites a link to the electronic platform for online dispute resolution (DSB platform), which is readily available to consumers.

(5) traders who conclude contracts for online sales or services, indicate your electronic address to contact them.

(6) traders who conclude contracts for online sales or services that have committed themselves to participate or are required to use one or more authorities for ADR to resolve disputes with customers, inform users of the existence of the DSB and the possibility to use it to resolve disputes concerning them. They publish on their website an electronic link to the DSB, and if the proposal for the conclusion of a contract for the sale or provision of service is done via email – shall indicate this link in the message. Where applicable, the information is provided and in the General conditions of contracts for online sales or services.

(7) where a trader shall indicate the authority for ADR in a Member State of the European Union other than the place where he is established, the dispute shall be decided in accordance with the procedural rules for the work of this body. The trader is obliged to provide the user with information about that body in accordance with para. 1 and 3.

Art. 181 a. (1) the Minister of Economic Affairs is the competent authority for the recognition of ADR bodies complying with the requirements of this section, and their inclusion in the list under art. 181 p.

(2) the Minister of Economic Affairs shall control compliance with the requirements of Regulation (EC) no 524/2013.

(3) the Commission for the protection of consumers Act on alternative dispute resolution for consumer disputes through conciliation committees and assist and provide information on the manner in which consumers may bring conciliation committees or other bodies for ADR.

(4) the European consumer centre to the Commission for the protection of consumers is a focal point in accordance with art. 7 of Regulation (EC) no 524/2013 and assists users to gain access to the ADR body in another Member State of the European Union, competent to consider cross-border dispute linked to commitments arising out of contracts for sale or provision of services.

(5) the European consumer centre to the Commission for the protection of consumers cooperate and provide information to users in accordance with the requirements of art. 7 (2) of Regulation (EC) no 524/2013.

(6) the European consumer centre to the Commission for the protection of consumers provides every two years to the Minister of the economy and of European Commission report under art. 7, paragraph 2, point (b) of Regulation (EC) no 524/2013.

Art. 181 p. Minister of economy approved with a list of authorities, recognized as the authority for ADR on the territory of the Republic of Bulgaria.

Art. 181 p. (1) a body which satisfies the requirements of this section and wish to be recognized as the authority for ADR and included in the list under art. 181 p, submitted to the Minister for Economic Affairs a written statement containing the following information:

1. the name of the body, contact details and the address of its website;

2. legal form (registration certificate, current status or other documents), mode of financing, including information about individuals who meet or participate in ADR-CV and diploma in education, their remuneration, the period for which they were appointed, and by whom are employed;

3. procedural rules for the work of the authority for ADR;

4. the amount of the fees to the parties to the dispute, if any;

5. average duration of procedure for ADR;

6. the languages in which users can file complaints and ADR procedure is conducted;

7. the subject of disputes which fall within the scope of procedure for ADR;

8. the grounds on which the authority may refuse to consider the dispute, in accordance with art. 181 d, para. 5;

9. If it meets the conditions and requirements of the authority for ADR in this section.

(2) an application under subsection. 1 apply the Declaration of information under para. 1, item 7, reasoned Declaration of information under para. 1, item 9, as well as other documents containing the information referred to in para. 1, which shall be signed by the persons representing the authority.


Art. 181. (1) the Minister of economy within two months from the date of submission of the application and the documents referred to in art. 181 p assess whether the authority filed the application complies with the conditions and requirements of this section and shall communicate its decision.

(2) in carrying out the assessment under paragraph 1. 1 shall take account of and compliance with the requirements of art. 181 d, para. 7 and 8.

(3) when irregularities in the information and/or the documents referred to in art. 181 p, Minister of economy and set a time limit for their removal.

(4) If the irregularity is not remedied within the time limit referred to in paragraph 1. 3, the application is left without consideration.

Art. 181 t (1) the list under art. 181 p contains the following information:

1. name, address and contact details on the Internet pages of the appropriate authorities for ADR;

2. the amount of the fees to the parties to the dispute, collected by the relevant authorities for ADR, if any;

3. languages in which users can file complaints and ADR procedure is carried out to the relevant authorities for ADR;

4. the subject of disputes which fall within the scope of the ADR procedure to the relevant authorities for ADR;

5. disputes which fall within the scope of the relevant authorities for ADR, including the sectors of the economy and their activities;

6. If necessary physical presence of the parties or their representatives, as applicable, and whether the ADR procedure is held or may be held in oral or written form;

7. compulsory or optional nature of the result of the ADR procedure to the relevant authority;

8. the grounds on which the ADR bodies may refuse to consider the dispute, in accordance with art. 181 d, para. 5.

(2) the Minister of Economic Affairs of the European Commission provides a list of the recognised authority for ADR, as well as the information referred to in para. 1. (3) in the event of a change in the information referred to in art. 181 p, al. 1, item 1 – 8 the authority for ADR shall immediately notify the Minister of economy for the changes.

(4) in the cases referred to in para. 3 Minister of economy updated list of recognised authorities for ADR and provide it to the Commission together with the updated information under para. 1.

(5) When the Minister of economy found that ADR body included in the list under art. 181 p ceases to satisfy the requirements of this section or the requirements of Regulation (EC) no 524/2013, it shall notify the identified discrepancies and provide guidance for their elimination within a specified period of time.

(6) where the authority for ADR, included in the list under art. 181 p fails to comply within the guidelines referred to in para. 5, Minister of economy in the three months it got deleted from the list of recognised authorities for ADR and provide the updated list of the European Commission.

(7) the Minister of economy may at any time require the authority for ADR to provide up-to-date information on art. 181 p.

Art. 181. The authority for ADR is required every two years with effect from the date of acceptance and inclusion in the list under art. 181 p to draw up and submit to the Minister a report on the economy's output, which includes the following information:

1. number of appeals received and the subject-matter of the dispute;

2. the percentage share of the suspended procedures for ADR and the reasons for their termination;

3. average duration of ADR procedures for the examination of disputes;

4. the percentage of implementation of the decisions of the ADR procedure, if known;

5. systemic or significant problems that occur frequently and lead to disputes between consumers and traders; This information may contain recommendations for preventing or resolving such problems;

6. evaluation of the effectiveness of the cooperation within the networks of ADR bodies to facilitate the resolution of cross-border disputes where appropriate;

7. evaluation of the effectiveness of the procedure for ADR and possible ways of improving its functioning;

8. training of individuals responsible or involved in the procedure for ADR program under art. 181 f, para. 8, where applicable.

Art. 181. (1) the Minister of Economic Affairs shall prepare and submit to the European Commission report on the development and operation of ADR bodies, which contains:

1. best practices of ADR bodies;

2. the deficiencies that hamper the functioning of the ADR, in relation to national and cross-border disputes, through statistical data, where applicable;

3. recommendations to improve the functioning and efficiency of ADR bodies, where applicable.

(2) the Minister of economy published on the website of the Ministry: 1. the report referred to in para. 1;

2. the list under art. 181 p;

3. electronic link to the website of the European Commission, which has posted a list of recognised ADR bodies of the Member States of the European Union;

4. electronic link to the DSB.

(3) the Minister of the economy providing public access to the list under para. 2, item 3 and the durable medium.

(4) the authorities for ADR and the European consumer centre to the Commission for consumer protection published on their websites, e-link to the website of the European Commission, which has published the list of the recognized authority for ADR of the Member States of the European Union, and provide an electronic link to the DSB. When possible, they provide public access to the list of recognized authorities and of durable medium.


(5) the Commission for the protection of consumers encourages associations of consumers and dealers to publish on their websites the electronic link to the website of the European Commission, which has published the list of the recognized authority for ADR of the Member States of the European Union, to provide public access to it and to provide an electronic link to the DSB.

(6) the Commission for the protection of consumers encourages associations of consumers and traders to raise awareness of the ADR and the procedural rules for their work and encourage their use by consumers and traders.

(7) the Commission for the protection of consumers encourages ADR bodies to train individuals responsible or involved in ADR procedure, as well as to increase the expert knowledge and qualifications.

(8) the Commission on consumer protection and quality consulting track training programmes of ADR bodies when they train individuals responsible or involved in proceedings for ADR.

Art. 181 x. (1) the authority for ADR share experience and cooperate with other bodies, including ADR and ADR bodies of other Member States of the European Union in resolving cross-border disputes. The authority for ADR and regularly exchange information on best practices in handling cross-border and national consumer disputes.

(2) the Commission for the protection of consumers encourages ADR bodies to join the network of alternative settlement of cross-border consumer disputes in specific sectors of the economy when it is built such a network within the European Union.

Art. 181. (1) the Minister of economy promotes cooperation between the authorities for ADR, the Commission for the protection of consumers and other public authorities responsible for the enforcement of consumer protection laws.

(2) cooperation under paragraph 1. 1 includes:

1. the mutual exchange of information on best practices in some sectors of the economy, for which users have repeatedly been made by the complaints;

2. provision by the Commission for the protection of consumers and other public authorities responsible for the enforcement of consumer protection laws, of technical expertise and information needed by the ADR bodies when equipped with such.

(3) in carrying out cooperation and exchange of information under para. 2 the Commission on consumer protection and other government authorities responsible for the enforcement of consumer protection laws, comply with the requirements of the data protection act.

(4) the Commission for the protection of consumers, other public authorities responsible for the enforcement of consumer protection laws, and ADR bodies comply with the requirements of professional, the trade secret and not divulge other information become known to them in or on the occasion of the performance of their duties. "

§ 8. In chapter nine former section II becomes section III and its name shall be replaced by the following: "Section III Conciliation Committees to resolve consumer disputes."

§ 9. Article 182 is amended as follows:

"Art. 182. (1) the Minister of the economy creates a general and sectoral committees Conciliation Commission for the protection of consumers, who are authorities on alternative dispute resolution for consumer disputes and comply with the requirements of section II.

(2) the conciliation committees contribute to the resolution of national and cross-border disputes between consumers and traders to contracts for the sale of goods and supply of services, including in relation to the warranty responsibility, the right of return for goods or services, unfair terms in contracts, unfair commercial practices, the provision of essential information, travel services and contracts concluded with users.

(3) the conciliation committees dealt with and disputes between consumers and traders in the sectors of the economy, in which there is no authority for ADR.

(4) Sectoral conciliation committees looking at national and cross-border disputes between consumers and merchants in the following economic sectors: energy, water supply and sanitation services, electronic communications and postal services, transport and financial services.

(5) disputes between payment service providers and users of payment services, as well as between electronic money issuers and their customers in connection with the implementation of the law on payment services and payment systems, the regulations on the implementation of Regulation (EC) no 924/2009 of the European Parliament and of the Council of 16 September 2009 on the temvri cross-border payments in the community and repealing Council Regulation (EC) No 2560/2001 (OJ , L 266/11 from 9 October 2009) and Regulation (EC) no 260/2012 to the European Parliament and of the Council of 14 March 2012 for the establishment of technical and business requirements for credit transfers and direct debits in euro and amending Regulation (EC) no 924/2009 (OJ L 94/22 of 30 March 2012) are handled by the Conciliation Commission for payment disputes under Chapter eight section II of the law on payment services and payment systems.

(6) Each Conciliation Commission sectoral energy sector, water supply and sanitation services, electronic communications and postal services, transport and financial services formed different configurations depending on the scope of business of the relevant regulatory or supervisory authority.


(7) the Minister of economy is determined by order the seat and area of action of General and sectoral conciliation commissions which will contribute to the achievement of an agreement between customers and merchants. The order shall be published on the Internet pages of the Ministry of economy and the Commission for the protection of consumers.

(8) the President of the Commission for consumer protection approved by order list of Chairmen, Vice-Chairmen and other members of the General and sectoral conciliation commissions which will contribute to the achievement of an agreement between customers and merchants. The order and the list shall be published on the Internet site of the Commission for the protection of consumers. "

§ 10. Article 183 shall be replaced by the following:

"Art. 183. (1) the conciliation commissions are in the Panel: President, one representative of users ' Association and a representative of the Association of traders, professional organizations or Chamber of merchants from the sector concerned.

(2) the President of the Commission for the protection of consumers, in accordance with the subject matter of the dispute, determines the General Presidents conciliation commissions which are legal advisers or other employees of legal education of the Commission for the protection of consumers.

(3) other members of the public conciliation committees must possess appropriate qualifications according to the subject-matter of the dispute, not to have been convicted for crimes of a general nature and are not deprived of the right to exercise a profession or activity in the area of the dispute.

(4) the conciliation committees are formed by the Presidents who choose them from the list under art. 182, para. 8 a representative of consumer organisations and one representative of the traders ' associations, professional organizations or Chamber of merchants from the sector concerned in accordance with the subject matter of the dispute.

(5) If a joint conciliation Commission could not be formed in the absence of a representative of the Association of traders of branch organizations or Chamber of merchants or users ' Association, the President of the Commission for the protection of consumers determined by order another General Conciliation Committee to settle disagreements in the area in which you cannot create a general Conciliation Committee. "

§ 11. Article 183 (a) shall be replaced by the following:

"Art. 183. (1) the sectoral conciliation commissions are in the Panel: Chairman, determined by the relevant regulatory or supervisory authority, a representative of the Commission for the protection of consumers and a representative of the Association of traders of branch organizations or Chamber of merchants from the sector concerned, in accordance with the subject matter of the dispute.

(2) the appropriate regulatory and supervisory authorities established the chairs of the sectoral committees conciliation for each sector, included in the scope of activities regulated by them.

(3) the members of the sectoral committees conciliation must meet the following requirements:

1. to have higher legal, economic, technical education or another higher education and at least three years of professional experience in the sector concerned;

2. not to have been convicted for crimes of a general nature;

3. they are not denied the right to exercise their profession or activity in the professional field in which I will examine disputes.

(4) the sectoral committees are formed by the conciliatory Presidents who choose them from the list under art. 182, para. 8 one representative of the Commission on consumer protection and one representative of the sdruženie of the branch organizations or Chamber of merchants from the sector concerned in accordance with the subject matter of the dispute.

(5) If sectoral committees conciliation cannot be formed due to absence or disagreement to the participation of the Association of traders of branch organizations or Chamber of merchants from the sector concerned, conciliation proceedings are conducted in the composition of the chairs of the sectoral committees, conciliation and two representatives of the Commission for the protection of consumers. "

§ 12. Art is created. 183 (b):

"Art. 183. (1) (b) the General and sectoral conciliation commissions include the Vice-Chairs, who perform the powers of Presidents in their absence, upon their removal due to a conflict of interest or incompatibility or in cases when they commissioned the formation of conciliation proceedings on incoming applications.

(2) the Vice-Presidents shall comply with the requirements of art. 183, para. 2 for general conciliation committees or the requirements of art. 183a, al. 3 the sectoral committees for conciliation.

(3) the number of Vice-Presidents shall be determined by the President of the Commission for consumer protection for general conciliation commissions and by the relevant supervisory or regulatory authorities for the sectoral committees conciliation, depending on the subject-matter of the dispute. "

§ 13. Art is created. 183 in:

"Art. 183. (1) the Chairman of the Commission for the protection of consumers included in the list under art. 182, para. 8 at least three representatives of:

1. the Commission for consumer protection (for the sectoral committees conciliation);

2. consumer associations;

3. the associations of traders, interbranch organisations or House of traders from the sector concerned.

(2) the cost of the salaries of the members proposed for participation in General and in the sectoral committees conciliation under this section shall be borne by the Commission for the protection of consumers, the relevant regulatory or supervisory authority, consumer associations and associations of traders, interbranch organisations or House of traders who have identified them. "

§ 14. Art is created. 183 (d):


"Art. 183. (1) the General and sectoral conciliation committees qualify for alternative dispute procedures for national and cross-border disputes and comply with the principles of voluntary participation, expertise, independence, impartiality, transparency, effectiveness, equity, freedom and legality laid down in Chapter 9, section II of this Act.

(2) the General and sectoral conciliation committees provide information to consumers and traders for their activities, encourage them to solve their disputes out-of-court, shall cooperate and exchange experience with other ADR bodies at national level as well as with authorities for ADR to other Member States of the European Union in resolving the trans-border disputes.

(3) the General and sectoral conciliation committees provide information to the user about the competent body for alternative dispute resolution, when they receive an application to a user against a trader and subject-matter of the dispute is not within their jurisdiction.

(4) the General and sectoral conciliation committees comply with the requirements for the protection of personal data under the data protection act.

§ 15. Art is created. 183 (e):

"Art. 183 e. (1) in the event of a dispute, the user must refer him for consideration directly to the merchant and the parties to try to sort it out between themselves.

(2) where the parties to the Al. 1 have not solved the dispute with each other, the user may refer to the General or sectoral conciliation commissions depending on the subject-matter of the dispute by submitting an application in writing to the Commission for the protection of consumers, which administers the activities of the General and sectoral conciliation commissions.

(3) the application and accompanying documents may be submitted and by e-mail or online via the Internet site of the Commission for the protection of consumers.

(4) the conciliation proceedings is default for the parties to the dispute and exchange of documents can be done both online and on site in the clerk of the Commission for the protection of consumers and its territorial divisions, by post or by fax (offline). "

§ 16. Art is created. 183 is:

"Art. 183. The participation of the trader or his representative authorized in ADR procedure is voluntary and is accomplished by assisting and providing the necessary information on the Conciliation Commission, documents, opinions, expertise to reach an agreement with the consumer. "

§ 17. Art is created. 183 (g):

"Art. 183. (1) the General and sectoral conciliation committees assist in the resolution of disputes between consumers and traders, such as draw conciliation proposal to the parties, which, after being approved by them, has the force of an agreement between them.

(2) where the parties have concluded an agreement, but one of them fails, the other party may apply to the Court for the consideration of the dispute, subject to the agreement.

(3) the parties may confer the enforceability of the agreement reached in the conciliation proceedings, make it available for approval to the competent court.

(4) the General and sectoral conciliation committees do not deal with the repeated disputes between consumers and traders, for which conciliation proposal is drawn up, regardless of whether the parties have accepted it or not. "

§ 18. Art is created. 183 (h):

"Art. 183. The supervisory and regulatory authorities shall assist and cooperate with the General and sectoral conciliation committees in the performance of their duties in the course of the conciliation proceedings. "

§ 19. Art is created. 183:

"Art. 183. The President of the Commission for the protection of consumers shall draw up an annual report on the activities of the General and sectoral conciliation committees on the basis of the information received from the Chairmen of the General and sectoral conciliation commissions and submit it to the Minister of economy. The annual report shall be published on the Internet pages of the Ministry of economy and the Commission for consumer protection. "

§ 20. Article 184 shall be replaced by the following:

"Art. 184. (1) the President of the Commission for the protection of consumers by order determines the mediators, who are employees of the Commission and assist in the resolution of disputes between consumers and traders.

(2) the assistance shall take place at the request of a user submitting an application to the Commission for the protection of consumers, as the proceedings before the mediator is held in the location referred to among the settlements, in which the Commission for consumer protection there are territorial divisions. "

§ 21. Art is created. 184:

"Art. 184. (1) proceedings before the conciliation commissions and sectoral total and a mediator is not a mandatory prerequisite for bringing a claim in court.

(2) the limitation period shall be suspended when it was instituted proceedings before the General and sectoral conciliation committees or a mediator. "

§ 22. Art. 185 is amended as follows:

"Art. 185. The Minister of economy shall issue rules of procedure of the General and sectoral conciliation commissions and mediators of the rules of procedure in accordance with the requirements of section II.

§ 23. In chapter nine former section III becomes section IV.

§ 24. In art. 186, para. 2 make the following amendments and additions:

1. In paragraph 1, in the first sentence add "section II" Alternative dispute resolution for consumer disputes "and section III" Conciliation Committees to resolve consumer disputes "of this chapter.

2. In item 10 creates a letter "p":


"p) Directive 2013/11/EC of the European Parliament and of the Council of 21 may 2013 for alternative resolution of consumer disputes, and amending Regulation (EC) No 2006/2004 and directive 2009/22/EC (directive on ADR for users) (OJ L 165/63 of 18 June 2013)."

3. an item 11:

"11. Council Regulation (EC) no 524/13 of the European Parliament and of the Council of 21 may 2013 on online dispute resolution of consumer disputes, and amending Regulation (EC) No 2006/2004 and directive 2009/22/EC (the DSB for users)."

§ 25. In art. 191 creates al. 6:

(6) the Commission for the protection of consumers shall control compliance with the requirements of Regulation (EC) no 524/2013. "

§ 26. Art is created. in: 225

"Art. 225. the failure to provide information of the user under art. 181 n of individuals having a fine of 200 to 500 BGN, and for sole traders and legal persons – penalty payment in the amount of 500 to 1500 EUR on a case by case basis. "

§ 27. In the additional provisions the following endorsements are added:

1. § 12 shall be (b), (c), (d) 12 12 12 (e), (f) and (g) 12 is 12: "§ 12 (b). In the conflict between the provisions of Chapter 9, section II and the law of the European Union or of the Bulgarian legislation establishing requirements of European Union law, which contain special requirements on the out-of-court settlement of disputes of consumers against traders are subject to the provisions of this law, unless otherwise provided in Chapter 9, section II.

§ 12 in. In the conflict between the provisions of Chapter 9, section II and another law, which contains special requirements concerning alternative dispute resolution of users against traders and which does not implement the requirements of European Union law, this law shall apply, unless otherwise provided in Chapter 9, section II.

§ 12. The provisions of Chapter 9, section II shall be without prejudice to the provisions of the law on mediation, introductory requirements of Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters (OJ L 136/3 of 24 May 2008).

§ 12 (e). The provisions of Chapter 9, section II shall apply subject to the requirements of delegated acts and implementing acts adopted by the European Commission under Regulation (EC) no 524/2013.

§ 12. The provision of art. 181 n does not prevent the obligations to provide information to consumers regarding the extrajudicial protection procedures contained in European Union law and apply in addition.

§ 12 (g). The provision of art. 181 m does not affect the provisions on limitation and prescription periods in international agreements to which Member States of the European Union are parties. "

2. In § 13 shall create item 44 and 45:

"44." habitual residence "is a concept in accordance with Regulation (EC) no 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)."

"45." procedure for alternative dispute resolution for consumer disputes "is alternative dispute resolution (ADR) procedure for consumer disputes, complying with the requirements of this Act and implemented by authority on alternative dispute resolution for consumer disputes."

3. In paragraph 13 (a) t is created. 13:

"13. Directive 13/11/EC of the European Parliament and of the Council of 21 may 2013 for alternative resolution of consumer disputes, and amending Regulation (EO) No 2006/2004 and directive 2009/22/EC (directive on ADR for users)."

Transitional and final provisions

§ 28. Pending proceedings before the conciliators, formed committees, pending the entry into force of this law shall be completed in the previous row.

§ 29. Minister of economy to 9 July 2018 and every four years thereafter, submit to the European Commission report on the development and operation of ADR bodies.

§ 30. In the law on payment services and payment systems (promulgated, SG. 23 of 2009; amend., SG. 24 and 87 from 2009, issue 101 of 2010/2011 105 and 103/2012) make the following amendments and additions:

1. In art. Al 129. 5 shall be amended as follows:

"(5) on an annual basis, within one month after the expiration of the calendar year, the Commission shall draw up an annual activity report, which provides the Bulgarian National Bank, the Commission for the protection of consumers and of the organisations approved lists under para. 1. the annual report shall comply with the requirements of art. 181 g of the law of consumer protection. "

2. In art. 131, para. 1 creating the third sentence: "the opposition and the accompanying documents may be submitted online through the website of the Commission."

3. In Chapter 8, section II is creating art. 136:

"Art. 136. On the activities of the Commission as a body for alternative dispute resolution provisions of Chapter 9, section II of the law of consumer protection. "

§ 31. In the consumer credit Act (promulgated, SG. 18 of 2010; amend., SG. 58 of 2010, issue 91 by 2012, issue 30 by 2013, and 35/61 by 2014 and 14 by 2015) is hereby amended as follows:

1. In art. 25, para. 6 the words "art. 68 b-68 (l) "are replaced by" article. 68 b-68 m.

2. In art. 40 words "art. 182-184 "shall be replaced by ' chapter 9, section III".

§ 32. In the provision of financial services from a distance (official SG. 105 of 2006; amend., SG. 23 and 82 of 2009, issue 61, from 2014, and 14 by 2015) in art. 21, para. 2 the words "art. 182-184 "shall be replaced by ' chapter 9, section III".

§ 33. In the law on electronic commerce (official SG. 51 2006; amend., 105/2006, no. 41 (2007), no. 82/2009, and 77/105 of 2011) in art. 22 the words "section III" shall be replaced by ' section IV ".

The law was passed by the National Assembly-43 on 15 July 2015 and is stamped with the official seal of the National Assembly.


President of the National Assembly Tsetska Tsacheva:

4778