Law For The Protection Of Plants

Original Language Title: Закон за защита на растенията

Read the untranslated law here: http://parliament.bg/bg/laws/ID/14510/

Name of the law, law on the protection of the plants Named Bill a Bill to protect plants date adopted 10/07/2014 number/year Official Gazette 61/2014 Decree No 179

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 for the protection of plants, adopted by HLIÌ National Assembly on 10 July 2014.

Issued in Sofia on 23 July 2014.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Zinaida Zlatanova

LAW

for the protection of plants

Chapter one

GENERAL

Section I

Subject

Art. 1. This law governs social relations associated with: 1. the phytosanitary measures under the International Plant Protection Convention, was approved by the Conference of the International Organization for agriculture and overfeeding – November 1997 (ratified by law – SG. 32 since 2005) (SG. 75 by 2005);

2. protection of plants and plant products from the economically important pests;

3. the monitoring, diagnosis, prognosis and signalling in plant protection;

4. integrated production of plants and plant products and integrated production control;

5. phytosanitary control of plants and plant products and protective measures against the introduction into the country of quarantine organisms harmful to plants or plant products and against their spread the protective measures in the country in accordance with the requirements of Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the community of organisms harmful to plants or plant products and against their spread within the community;

6. the measures for the implementation of Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC of the Council (OJ L 303/1 of 24 November 2009), hereinafter referred to as "Commission Regulation (EC) No 1107/2009 ';

7. the requirements for plant protection products in order to protect human and animal health and environmental protection, biological testing them, their use in accordance with the requirements of Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve a sustainable use of pesticides (OJ L 309/71 of 24 November 2009) , hereinafter referred to as "the directive 2009/128/EC", and controls on the manufacture, placing on the market, trade, repackaging and their use;

8. the requirements for the operation of specialized plant protection services and follow-up on them;

9. the measures for the implementation of Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers, hereinafter referred to as "Commission Regulation (EC) No 2003/2003";

10. requirements for fertilisers, soil improvers, biologically active substances and food production and control substrates, the placing on the market and their use.

Section Ii

Organization of activities

Art. 2. Minister of agriculture and food, carry out the State policy in the field of plant protection.

Art. 3. (1) the Bulgarian Agency for food safety (BABH) carried out: 1. monitoring, diagnosis, prognosis and signaling in plant protection;

2. control of the integrated production of plants and plant products;

3. plant control on plants, plant products and other objects which may be carried and spread the organisms;

4. biological testing of plant protection products and their mixtures;

5. the authorisation of plant protection products and the registration of fertilizers, soil improvers, biologically active substances and nutritional substrates for placing on the market and use;

6. control over persons who trade and repackage plant protection products and carrying out biological testing and specialized plant protection services;

7. control in the manufacture, placing on the market and use of plant protection products, active substances, adjuvants, fertilizers, soil improvers, biologically active substances and nutritional substrates;

8. control of the application of Regulation (EC) No 2003/2003 and Regulation (EC) No 1107/2009.

(2) the Bulgarian food safety agency has jurisdiction and coordinating national authority within the meaning of art. 75, paragraphs 1 and 2 of Regulation (EC) No 1107/2009.

(3) the Bulgarian food safety agency as the administrator of personal data processing the data collected in the course of the activities referred to in para. 1 in accordance with the requirements of art. 2, al. 2 of the law on the protection of personal data.

Art. 4. For the implementation of activities under art. 3, al. 1 Executive Director of BABH gives mandatory instructions and validate models of applications, permits, certificates, notices, statements and other records under this Act.

Art. 5. (1) For carrying out the activities under this Act, for the issuance of permits, certificates and licences for carrying out controls, for laboratory research and in other cases provided for by law, as well as to perform services to physical and legal persons shall be levied in accordance with the tariff referred to in art. 3, al. 4, according to the price list under art. 3, al. 5 of the law on Bulgarian food safety agency.

(2) when the procedures for granting authorisations, certificates and certificates under this Act be terminated for reasons connected with the applicants, fees paid are not refundable.

Art. 6. (1) the Bulgarian food safety agency creates and maintains public registers of: 1. plant protection products for which no authorisations have been granted for: a) the placing on the market and use;

b) use when carrying out research and/or development activities;

c) placing on the market and use in the form of a ready solution;

d) parallel trade;

2. plant protection products which are repacked;

3. the bases of official and approved BABH bases of physical and legal persons for biological testing of plant protection products;

4. persons who possess a certificate for the trade in plant protection products and of relevant sites for trade in plant protection products;

5. persons who hold a certificate of re-packaging of plant protection products on the market, and of relevant sites for repacking of plant protection products;

6. persons who manufacture products for plant protection in the territory of the Republic of Bulgaria;

7. persons who possess a certificate of import or introduction of a batch of non-approved active substances;

8. the permits issued for the application of plant protection products on the market through aerial spraying;

9. persons who carry out specialized plant protection services:

a) fumigation of plants, plant products and other objects;

(b)) treatment with plant protection products on the market of seed for sowing;

c) consulting services for the integrated management of pests;

10. persons who carry out integrated production plants and plant products;

11. persons who import, produce, refine and grow plants and plant products subjected to phytosanitary control, collection and distribution centres for plants and plant products subjected to phytosanitary control, commodity markets and the markets of producers;

12. persons who possess authorization to import, possession, storage and movement of quarantine harmful organisms, plants, plant products and other objects for research and selection;

13. persons who possess a certificate in art. 83;

14. registered fertilisers, soil improvers, biologically active substances and nutritional substrate for which a certificate for the placing on the market and use;

15. adûvantite, which is placed on the market and used.

(2) the records referred to in para. 1 shall be published on the website of BABH and updated at each change of data entered in these circumstances.

(3) the records referred to in para. 1, item 1 – 3, 6, 7, 12, 14 and 15 are created and maintained by central management (TSU) of the registers and BABH al. 1, item 4, 5, 8-11 and 13-from the regional directorates on food safety (ODBH).

(4) in TSU of national registers are kept BABH containing data from the registers of ODBH.

(5) the content of the records referred to in para. 1 and the procedure for keeping them are determined in the Ordinance of the Minister of agriculture and food.

Art. 7. (1) on the application of this law shall be carried out by inspectors of plant protection BABH.

(2) Inspectors under para. 1:

1. carry out checks of plants, plant products and other objects, plant protection products, active substances, adjuvants, fertilizers, soil improvers, biologically active substances and nutritional substrates;

2. quarantine plants and plant products, areas, warehouses and other sites;

3. carry out checks at the premises in which they are produced, tested, examined, repackage, stored, transported, marketed or are otherwise available plant protection products, active substances, adjuvants, fertilizers, soil improvers, biologically active substances and nutritional substrates;

4. carry out checks at the premises in which they are produced, processed, kept, tested, selected, repackage, kept, transported, marketed or are otherwise available plants and plant products;

5. take control samples of plant protection products on the market and working solutions, fertilizers, soil, water, plants, plant products and other objects to perform laboratory tests;


6. seized, placed in foreclosure, administer the disposal of biological agents, plant protection products, active substances, adjuvants, fertilizers, soil improvers, biologically active substances and nutritional substrates which do not meet the requirements of the Act and/or its implementing acts;

7. withdraw the benefit of the country, seized, destruction or disposal limit movements of plants, plant products and other objects which do not meet the requirements of the Act and/or its implementing acts;

8. the required information and documents, including written explanations related to the control of their business activities;

9. issue orders and regulations for the conduct of measures to eliminate any discrepancies, such as the time limits for their implementation;

10. draw up acts for established administrative breaches under this Act and/or its implementing acts;

11. bring the matter before the competent and supervisory authorities for infringements;

12. want assistance from other competent and supervisory authorities.

(3) for the implementation of its powers under para. 2 plant protection inspectors have access to the objects in the Al. 2, item 3 and 4, including the protected areas within the meaning of the law of protected areas.

Chapter two

CONTROL OF ECONOMICALLY IMPORTANT PESTS

Art. 8. (1) the Executive Director of BABH until 31 January annually approves list of economically important pests in agricultural crops in the administrative-territorial units – areas. The harmful organisms included in the list are subject to systematic and permanent observations.

(2) the Executive Director shall determine the economic thresholds BABH harmfulness for pest control in al. 1.

Art. 9. (1) the protection of plants and plant products of economically important pests are carried out under the conditions and in accordance with procedures laid down in the Decree of the Minister of agriculture and food.

(2) in the protection of plants and plant products apply good plant protection practice. The parties concerned draw up rules for good plant protection practice by order, specified in the Ordinance referred to in para. 1.

(3) the protection of plants and plant products is carried out in accordance with the General principles for integrated pest management as defined in annex 1.

(4) in the protection of plants and plant products may be applied and specific principles for integrated pest management as defined in the Ordinance of the Minister of agriculture and food.

(5) to implement the principles of integrated pest management in al. 3 and 4 farmers can benefit from advisory services.

Art. 10. (1) the Minister of agriculture and food and the Minister of environment and water approved list of biological agents that can be applied in the country under the conditions and by an order determined by the Ordinance under art. 9, para. 1.

(2) Prohibit the import, introduction, and application of the country of biological agents outside of the list under para. 1.

Art. 11. (1) in carrying out integrated production of plants and plant products for their protection shall apply the General and specific principles for integrated pest management.

(2) integrated production under para. 1 shall be for a continuous period of 5 years by farmers who have ensured: 1. a person who has completed a course for integrated production of plants and plant products in higher school or institution in the system of vocational education and training programme approved by the Executive Director of BABH, or holds a university degree in the field of agricultural sciences;

2. use the Advisory services of the persons entered in the register under art. 6, al. 1, item 9;

3. have developed a plan for integrated production in accordance with the requirements laid down in the Ordinance under art. 9, para. 4.

(3) in the cases referred to in para. 2, item 2 consultants must have higher education in the field of agricultural sciences with professional direction "plant protection" or have provided a person with such education.

(4) integrated production under para. 1 and control shall be carried out under conditions and by an order determined by the Ordinance under art. 9, para. 4. (5) cannot be done any other type of agricultural production on the areas on which the integrated production takes place under para. 1.

Art. 12. (1) farmers who carry out integrated production of plants and plant products may be entered in the register under art. 6, al. 1, item 10 under conditions and in accordance with procedures specified by the Ordinance under art. 9, para. 4.

(2) the entries under subsection farmers. 1 have the right to put up a sign which contain the words "INTEGRATED PRODUCTION" on plants and plant products, which are manufactured by integrated production. The CE mark certifies the way plants and plant products are made without being characterized by their quality.

(3) it is prohibited to the placement of the sign, which contain the words "INTEGRATED PRODUCTION" on plants and plant products which are not produced by integrated production.

Art. 13. (1) the Bulgarian food safety agency creates, supports and maintains a national database on the occurrence, distribution, density, the development and the extent of the assault of economically important pests on agricultural crops under conditions and by an order determined by the Ordinance under art. 9, para. 1.

(2) the Bulgarian food safety agency issues periodic newsletters and other materials for disclosure of the emergence, spread and development of economically important pests in agricultural crops and the means to combat them.

(3) in carrying out the activities referred to in para. 1 and 2 BABH interact with farmers, agronomists, consultants, industry and other non-governmental organizations in the field of plant protection.

Art. 14. all persons are required to maintain in good state plants and plant products that have, grown, produced or stored.

Art. 15. (1) the Minister of agriculture and food, announces with a kalamitet or epifitotiâ of the economically important pests of a particular region or throughout the country.

(2) in an order under paragraph 1. 1 shall be determined:

1. the territory of the country;

2. the type of economically important pest;

3. the type of the control measures against the harmful organism concerned and the deadline for their implementation.

(3) the means of pest control is provided by the procedure of the law for protection against disasters.

(4) in the kalamitet or epifitotiâ declared all persons, including the State and municipal authorities in the area, the area or throughout the country, implement control measures against the pest.

Chapter three

PHYTOSANITARY CONTROL

Section I

General terms and conditions

Art. 16. (1) the plant control on plants, plant products and other objects is carried out in order to prevent intrusion or limitation of spread of quarantine organisms harmful to plants or plant products.

(2) the phytosanitary control shall be carried out under the conditions and in accordance with procedures laid down in the Decree of the Minister of agriculture and food.

(3) the phytosanitary measures in individual organisms shall be determined by regulations the Minister of agriculture and food and/or by decisions of the European Commission, published on the website of BABH.

(4) in all cases of establishment of quarantine pests and phytosanitary measures BABH shall immediately inform the European Commission and the competent authorities of the other Member States about the types of pests and the measures taken.

(5) when carrying out phytosanitary control BABH may be assisted by experts of other Member States or of experts designated by the European Commission. When carrying out plant-health inspection and control these experts have the powers of inspectors.

(6) at the request of the European Commission or a competent authority of another Member State Minister of agriculture and foodstuffs may designate experts for assistance or to participate in missions in other Member States or in third countries.

Art. 17. Prohibit the import, possession, storage and movement of quarantine harmful organisms, plants, plant products and other objects, as defined by the Ordinance under art. 16, al. 2.

Art. 18. The exception from the prohibition under art. 17 is allowed only for the purpose of carrying out scientific research and selection following the granting of authorization by the Executive Director of or from empowered BABH thereof official under conditions and in accordance with procedures laid down in the Decree of the Minister of agriculture and food.

Art. 19. (1) the Ordinance under art. 16, al. 2 set:

1. plants, plant products and other objects which may be carried and spread the organisms;

2. plants, plant products and other objects which are subject to special requirements for the importation and movement;

3. protected zones in respect of quarantine pests and the movement of plants and plant products in them;

4. plants and plant products which require a plant passport or a phytosanitary certificate.

(2) the movement of plants and plant products which require a plant passport, on the territory of the country shall be carried out only in the presence of such a passport.

(3) the plants and plant products which require phytosanitary certificate, import, transit, exported or re-exported from the territory of the country, accompanied by a phytosanitary certificate.

(4) a plant passport or a phytosanitary certificate is not required, when plants or plant products are in small quantities, are destined for the use for non-industrial and non-commercial purposes or for consumption during travel, provided that there is no risk of the spread of quarantine pests.


(5) a plant passport is not required for manufactured and/or processed plants and plant products intended for personal consumption or for retail sale on the local market of individuals for extreme use, provided that there is no danger of the spread of quarantine pests.

(6) For postal and courier shipments that contain plants and plant products subjected to phytosanitary control, apply the requirements of this law and its implementing acts.

Art. 20. (1) in danger to plants and plant products from the penetration and/or spread of quarantine pests, which are not determined by the Ordinance under art. 16, al. 2 and/or in the decisions of the European Commission, the Minister of agriculture and food by order provides that the application of provisional emergency phytosanitary measures to prevent the hazard.

(2) the Bulgarian food safety agency shall immediately inform the European Commission, the competent authorities of the Member States and all interested persons about the dangers and of the measures taken under paragraph 1. 1.

(3) the measures referred to in paragraph 1. 1 apply to the pronouncement by the European Commission on the continuation, expansion, or cancellations.

(4) Funds to cover the costs of implementing the measures referred to in paragraph 1. 1 shall be provided from the budget of BABH. If necessary, the Executive Director of BABH makes a proposal to the Minister of agriculture and food to provide additional funds for the provision of emergency measures.

Art. 21. The Bulgarian food safety agency is not responsible for damages and lost profits, caused by the retention of the plants, plant products and other objects for the implementation of phytosanitary control.

Section Ii

Phytosanitary control on the territory of the country, to import and export, transit and re-export

Art. 22. (1) persons who import, produce, process and/or grow plants and plant products under art. 19, para. 1, item 1, including collection and distribution centers, commodity markets and the markets of the manufacturers of such plants and plant products are registered in ODBH.

(2) the registration under paragraph 1. 1 the persons submitted to the State on whose territory the ODBH operate, sample application, apply to documents laid down in the Ordinance under art. 16, al. 2.

(3) the application and supporting documents under paragraph 1. 2 are checked by an inspector under the plant protection. In establishing the incompleteness of the Director shall notify the applicant in writing ODBH and shall set a deadline for their removal.

(4) in the neotstranâvane of limitations under para. 3 the application is left without consideration.

(5) within three days from the date of filing of the application or removal of limitations under para. 3 the Inspector on plant health checks of documents and on-the-spot verification of compliance with the requirements laid down in the Ordinance under art. 16, al. 2. In establishing the Director of discrepancies ODBH writing inform the applicant and shall set a deadline for their removal.

(6) if the verification under paragraph 1. 5, it is established that there is no risk of the spread of quarantine pests, in cases where applicants are persons who are not professionally involved in plant production and plant products and manufactured and/or processed plants and plant products intended for personal consumption and/or for retail sale on the local market of persons for end-use procedure shall be terminated and the Inspector on plant health shall notify the applicant in writing.

(7) within three days from the date of completion of verification of compliance or of the removal of disparities in the Al. 5 the plant protection inspector shall draw up a written opinion to the Director on a proposal ODBH for issuing of certificate for registration or refusal.

(8) the registration under paragraph 1. 1 fees are due.

Art. 23. (1) within three days of receipt of the opinion referred to in art. 22, para. 7 the Director of ODBH issued certificate of registration or a reasoned, his refuse are not satisfied the requirements of art. 22, para. 5. (2) the operation of the registration certificate, respectively is unlimited.

(3) the refusal under para. 1 shall be notified and may be appealed pursuant to the administrative code.

(4) within the time limit referred to in paragraph Neproiznasâneto. 1 is not considered to be tacit consent.

(5) the issued certificate of registration shall be entered in the register under art. 6, al. 1, item 11.

Art. 24. (1) within 7 days from the occurrence of a change in circumstances relating to the issued certificate as per art. 23, para. 1, the holder shall submit to the appropriate ODBH sample application, you apply documents certifying the change.

(2) the certificate shall be reissued under the conditions and by the procedure of art. 22, para. 3-8 and art. 23. If the change in circumstances for which it is not necessary carry out on-the-spot inspection, the certificate shall be reissued within 7 days.

Art. 25. (1) the Director of registration with order ODBH deleted: 1. at the written request of the holder of the certificate;

2. in the case of gross or systematic violations.

(2) upon cancellation of the registration in accordance with para. 1 certificate issued under art. 23, para. 1 be annulled.

(3) the order under paragraph 1. 1, item 2 shall be notified and may be appealed pursuant to the administrative code.

Art. 26. (1) the plant control is carried out through regular and unannounced inspections, checks on imports and transit, export and re-export, and controls in the case of a data breach.

(2) the checks referred to in paragraph 1. 1 cover the plants, plant products and other objects.

(3) the regular on-the-spot inspections shall be carried out at least once a year and at least by Visual observation.

(4) control samples for carrying out the checks referred to in paragraph 1. 1 take the row specified by the Ordinance under art. 16, al. 2, and examined at the central laboratory of plant quarantine (CLKR).

Art. 27. (1) a plant passport or a phytosanitary certificate for plants or plant products under art. 19, para. 1, item 4 shall be issued by an inspector under the plant protection of BABH subject to the conditions and in the order determined by the Ordinance under art. 16, al. 2.

(2) for the purpose of issuing the plant passport or a phytosanitary certificate shall pay fees in accordance with the tariff referred to in art. 5, al. 1.

Art. 28. (1) where at the time of inspection under art. 26, al. 1 there is doubt or be established infection of a quarantine pest, plant protection inspectors: 1. quarantine plants, plant products and other objects connected with verification;

2. take control samples for laboratory examination.

(2) when laboratory tests be established or confirmed infection of a quarantine pest, impose measures under art. 30, para. 1. (3) where the laboratory tests did not establish a quarantine, pest infestation of quarantine under para. 1, item 1 shall be repealed immediately.

(4) the Act under para. 1, item 1 may be appealed to the Director of the respective ODBH pursuant to the administrative code. An appeal shall not have suspensive effect.

(5) the Act under para. 1, item 1 may be appealed against through the courts only if it is challenged by administrative order pursuant to para. 4. An appeal shall not have suspensive effect.

(6) within Neproiznasâneto of the Director of ODBH under para. 4 is considered a confirmation of the Act avoids the part.

Art. 29. Any person who is suspected or established infection of a quarantine pest, is obliged to immediately notify the relevant ODBH which carries out inspection in accordance with art. 28.

Art. 30. (1) upon establishment of the infection of quarantine harmful organism shall apply one or more of the following measures: 1. quarantine of plants, plant products and other objects;

2. prohibition to sow seeds, planting and propagation of plants;

3. chemical, physical or mechanical processing of plants, plant products and other objects;

4. destruction of plants, plant products and other objects.

(2) when the quarantine pest not present and is not distributed throughout the country, the measures referred to in para. 1 apply by order of the Executive Director of BABH.

(3) When the quarantine pest present is limited and distributed on the territory of the country, the measures referred to in para. 1 apply by order of the Director of the respective ODBH.

(4) orders under para. 2 and 3 are defined:

1. the period for implementing the measures – in the cases referred to in para. 1, item 1 and 2;

2. the time limit and method for making the treatment – in cases under para. 1, item 3;

3. the time limit, place and method of destruction-in the cases referred to in para. 1, item 4.

(5) the destruction of the plants, plant products and other objects are made by persons affected by the measures in the presence of the Inspector on plant health and to the Mayor of the locality or the authorized officer under the waste management Act, the regulations and the decisions of the European Commission under art. 16, al. 3 or more methodologies approved by the Executive Director of BABH.

(6) in the event of failure to comply with the orders referred to in paragraph 1. 2 and 3 shall apply the measures referred to in paragraph BABH. 1, item 3 and 4 instead of the payers.

(7) Orders under para. 2 and 3 shall be notified and may be appealed pursuant to the administrative code. An appeal shall not have suspensive effect.

(8) the means to cover the costs of implementing the measures referred to in paragraph 1. 1 shall be provided from the budget of BABH.

Art. 31. (1) when a shortage of funds under art. 20, para. 4 and art. 30, para. 8, including compensation for the owners of the destroyed plants, plant products and other objects referred to in the budget of the necessary appropriations for BABH, application of the measures referred to in art. 20, para. 1 and art. 30, para. 1 shall be provided by the State budget. The funds are provided in compliance with the provisions of European Union law in the field of State aid.

(2) the conditions and procedures for the acquittal of the Al. 1 shall be determined by an Ordinance of the Council of Ministers.


(3) Benefits of the owners of the destroyed plants, plant products and other objects not be paid when the persons under art. 22, para. 1 have not fulfilled their obligations under art. 29 and/or issued regulations on plant health inspectors.

Art. 32. (1) a phytosanitary control during import and transit are subject to plants, plant products and other objects, as defined by the Ordinance under art. 16, al. 2 and decision of the European Commission.

(2) imports of plants, plant products and other objects referred to in paragraph 1. 1 takes place in phytosanitary border inspection posts designated by order of the Minister of agriculture and food. Requirements for border inspection posts plant shall be determined in the Ordinance under art. 16, al. 2.

(3) plant-health control at import takes place in:

1. phytosanitary border inspection posts;

2. warehouses under customs control;

3. the objects of the persons entered in the register under art. 6, al. 1, item 11;

4. the exporting country.

(4) the conditions and procedures for carrying out phytosanitary controls on imports are defined in:

1. the Ordinance under art. 16, al. 2 – for monitoring in places under para. 3, paragraphs 1 and 4;

2. Decree of the Minister of agriculture and forests – for monitoring in places under para. 3, item 2 and 3.

(5) in the implementation of phytosanitary control on import controls may be carried out at reduced frequency.

(6) the phytosanitary control in transit shall be carried out in the places under para. 3, item 1, under conditions and by an order determined by the Ordinance under art. 16, al. 2. (7) For the import and transit fee according to the tariff referred to in art. 5, al. 1.

Art. 33. (1) when carrying out plant-health control on importation is established, that the plants, plant products or other objects shall meet the requirements of this Act and/or its implementing acts, the Inspector on plant protection allowed them freedom of movement in the European Union, as a plant passport issued in the cases referred to in the Ordinance under art. 16, al. 2.

(2) where at the time of import inspection, it is established that the plants, plant products and other objects which do not meet the requirements of this Act and/or its implementing acts, the Inspector on plant health shall immediately apply one or more of the following measures:

1. refuse the importation of whole consignment of plants, plant products and other objects, or of part thereof;

2. arrange movement of consignment under official control;

3. ordering the removal of the infected parts of the consignment;

4. ordering the destruction of the whole consignment or removed under item 3 parts thereof;

5. a quarantine on the shipment;

6. provides appropriate treatment of the consignment or part thereof for the purpose of eliminating the risk of intrusion and spread of quarantine pests.

(3) the costs for the implementation of the measures referred to in paragraph 1. 2 shall be borne by the importer.

Art. 34. (1) the Customs authorities shall immediately inform the plant protection inspectors, when they find that is not carried out phytosanitary control of imported plants, plant products and other objects of art. 32, para. 1.

(2) exemption from customs authorities, respectively, by the carriers of the plants, plant products and other objects referred to in paragraph 1. 1 it is not permitted to be carried out before a plant control.

Art. 35. Those who imported plants, plant products and other objects of art. 32, para. 1, are required to:

1. comply with the requirements of this law and its implementing acts;

2. declare to inspectors on plant protection plants, plant products and other objects that are imported;

3. provide for plant-health control imported plants, plant products and other objects;

4. submit a phytosanitary certificate for export from the country of production plants, plant products or other objects, and in the case of re-export, and phytosanitary certificate for re-export.

Art. 36. (1) the phytosanitary control on export and re-export, of plants, plant products and other objects are carried out in accordance with the phytosanitary requirements of the importing country under conditions and by an order determined by the Ordinance under art. 16, al. 2. (2) after verification of compliance with the requirements under paragraph 1. 1 a phytosanitary certificate is issued for export or re-export.

(3) For the export and re-export fee according to the tariff referred to in art. 5, al. 1.

Chapter four

ACTIVE SUBSTANCES, SAFENERS, SYNERGISTS AND CO-FORMULANTS

Art. 37. (1) the active substances, safeners and synergists shall be approved, renewed and reviewed in accordance with chapter II, sections 1 and 2 of Regulation (EC) No 1107/2009.

(2) co-Formulants not be included in plant protection products in the cases under art. 27 of Regulation (EC) No 1107/2009.

Art. 38. (1) the order in which the Republic of Bulgaria participates in the procedure for the approval, renewal and review of an active substance, safener or Synergist as Member State rapporteur or co-rapporteur shall be determined in the Ordinance of the Minister of agriculture and food.

(2) for the approval, renewal and review of an active substance, safener or Synergist shall pay the relevant fees under the tariff referred to in art. 5, al. 1. Art. 39. (1) persons who produce the active substances, safeners or synergists, lodged in the TSU of specimen notification BABH active substances, safeners or synergists, they produce.

(2) persons who import or introduce safeners, synergists or approved active substances for the manufacture of plant protection products submitted in the notification by TSU BABH model, at least one month before implementation of any importation or introduction.

(3) persons who supply the active substances, safeners or synergists, provide a safety data sheet of the Bulgarian language in accordance with art. 31 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the registration, evaluation, authorisation and restriction of chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and directives 91/155/EEC , 93/67/EEC, 93/105/EC and 2000/21/EC, hereinafter referred to as "Commission Regulation (EC) No 1907/2006 (REACH)."

Art. 40. The active substances, safeners and synergists are classified, packaged and labelled according to Regulation (EC) no 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No 1907/2006 (OJ , L 353/1 of 31 December 2008), hereinafter referred to as "Commission Regulation (EC) no 1272/2008 (CLP).

Art. 41. (1) the non-approved active substances are imported or introduced after issue of a certificate for the import or introduction of a batch of non-approved active substances by the Executive Director or the authorised by BABH it official, if these are intended for the production of the country's territory of plant protection products intended for export.

(2) non-approved active substances are produced, if these are intended for the production of the country's territory of plant protection products intended for export. Production of non-approved active substances and is allowed for export.

(3) non-approved active substances are stored, transported and exported from the territory of the State under the conditions and by an order determined by the Ordinance under art. 38, para. 1.

(4) paragraphs 1-3 shall apply in the case of the control system on the import or introduction, manufacture, storage, transport and export of unapproved active substances.

Art. 42. (1) in order to obtain a certificate for the import or introduction into the country of consignment of non-approved active substances submitted to the faces of the TSU BABH sample application, to which the documents specified by the Ordinance under art. 38, para. 1. (2) the application and supporting documents under paragraph 1. 1 shall be checked by experts from BABH. In establishing the incompleteness and/or discrepancies BABH Executive Director or authorized officer thereof shall notify the applicant in writing and shall set a deadline for their removal.

(3) in the neotstranâvane of the blanks and/or non-conformities under para. 2 the application is left without consideration, for which the applicant shall be notified in writing.

Art. 43. (1) within 7 days of making the examination under art. 42, para. 2 or by removal of blanks and/or discrepancies, the Executive Director of BABH or authorised by him shall issue the official certificate of import or introduction of a batch of non-approved active substances.

(2) the certificate referred to in para. shall be issued with a period of validity of one year and shall be entered in the register under art. 6, al. 1, item 7.

(3) for the issuing of the certificate referred to in para. 1 fee according to the tariff referred to in art. 5, al. 1.

(4) upon failure within the period under paragraph 1. 1 there is a tacit agreement and shall apply accordingly to art. 28 and 29 of the law on limitation of administrative regulation and administrative control over the economic activity. The applicant shall be entitled to submit or enter the requested non-approved active substances after prior written informed the TSU of BABH and Executive Director of BABH or authorized official thereof does not respond to cancel within 7 days of receipt of the notification.

(5) in the case of tacit consent entry in the register shall be made within 14 days of notification under paragraph 1. 4.

Chapter five

PLANT PROTECTION PRODUCTS

Section I

General terms and conditions

Art. 44. (1) the plant protection products are placed on the market and be used after authorisation for placing on the market and use in accordance with Regulation (EC) No 1107/2009.

(2) plant protection products are placed on the market in the original packaging or repackaged, with the tag of the Bulgarian language.


(3) the Bulgarian food safety agency shall establish and maintain a public register of requested rezrešavane for plant protection products, which contain a date of filing, the applicant active substances and trade name.

(4) where a plant protection product is authorised or required for the authorisation of placing on the market and use of a certain brand name, the same name cannot be used in the application for the authorisation for placing on the market and use for another product by another applicant.

(5) within 5 years after the revocation or expiration of the authorisation for placing on the market and use of plant protection product trade name cannot be used for another product.

Art. 45. (1) the authorisation for placing on the market and use of plant protection products shall be issued by the Executive Director of the person BABH established within the territory of a Member State, under the conditions and in accordance with procedures laid down in the Decree of the Minister of agriculture and food.            

(2) for the authorisation of plant protection products on the relevant fees shall be paid according to the tariff referred to in art. 5, al. 1.

(3) where a person referred to in paragraph 1. 1 is not established in the territory of the Republic of Bulgaria, in writing authorize a representative, hereinafter referred to as "authorized representative". The authorised representative is a natural or legal person established in the territory of the country by the person expressly authorised under paragraph 1. 1 to act in his name and on his behalf in front of BABH in the performance of his duties under this Act. The date, the contents and the signatures of authorization should be certified by the official competent authority.

(4) the holder of an authorisation for the placing on the market and use of plant protection products is responsible for products put on the market plant protection products. The definition of authorised representative shall not relieve the authorisation holder from any liability.

Art. 46. (1) the plant protection product is authorised for placing on the market and use, when meeting the requirements of chapter III, section 1 of the Regulation (EC) No 1107/2009.

(2) the compliance of the product with the requirements of para. 1 shall be established by:

1. evaluation of the plant protection product and the active substance included in it, or 2. recognition of the assessment report referred to in paragraph 1 by a Member State.

(3) the type and requirements to guest on al. 2, paragraph 1 shall be determined by the Ordinance under art. 45, para. 1.

(4) the assessment and/or recognition of the report referred to in para. 2 shall be carried out by:

1. BABH experts;

2. external experts who meet the requirements laid down in the Ordinance under art. 45, para. 1.

(5) the persons referred to in para. 4 sign a declaration of confidentiality in a form with which they undertake not to disclose the information provided to them for evaluation or recognition of reports information and not to use it for its own benefit or for the benefit of third parties.

Art. 47. Plant protection products are manufactured, placed on the market, trade, repacked, transported and stored under conditions and in accordance with procedures laid down in the Decree of the Minister of agriculture and food.

Art. 48. (1) the plant protection products are not authorised for placing on the market and use, can be manufactured, stored and transported within the territory of the country only in the cases under art. 28 (2), the letters "c" and "d" of Regulation (EC) No 1107/2009.

(2) plant protection products Produced under para. 1 not used throughout the country and exported by it no later than 6 months before their expiry date.

(3) manufacturers of plant protection products referred to in paragraph 1. 1 notify the TSU of warehouses, BABH that store produced therefrom.

Art. 49. (1) producers of plant protection products submitted to the TSU on the notification form BABH for plant protection products produced on the territory of the country.

(2) holders of authorisations for the placing on the market and use of plant protection products submitted to the TSU of BABH Declaration in a form according to art. 67 (3) of Regulation (EC) No 1107/2009.

(3) persons that manufacture, repackage, placed on the market and trade in plant protection products shall keep and retain records pursuant to art. 67 (1) of Regulation (EC) No 1107/2009.

(4) persons who supply the plant protection products provide safety data sheet of the Bulgarian language in accordance with art. 31 of Regulation (EC) No 1907/2006 (REACH).

(5) persons who place on the market plant protection products, develop and apply a system of blocking and withdrawal from the market of plant protection products.

(6) persons who place on the market plant protection products on the market, and the persons who repackage plant protection products on the market, developed and implemented a system of recall of empty packaging by the end user of plant protection products.

(7) the system under paragraph 1. 6 is being developed and applied in accordance with the law on waste management.

Art. 50. (1) the Bulgarian food safety agency shall establish and maintain a database of products put on the market and stored on the territory of the State plant protection products.

(2) the Bulgarian food safety agency provides information about the risks and the potential acute and chronic effects on human health, non-target organisms and the environment following use of plant protection products, as well as on the use of non-chemical alternatives. The information shall be published on the website of BABH.

(3) the Bulgarian food safety agency, upon request, submit to the Ministry of environment and water and the Ministry of health data available for the country used in the types of plant protection products on the market. Data is provided by regions.

(4) the Bulgarian food safety agency participates in the collection of information in the conduct of surveys and inspections used types of plant protection products on the market in the territories of the sanitary-protection zones around water sources for domestic water supply and water sources of mineral waters used for therapeutic, prophylactic and potable and hygiene needs. The information is provided to the Ministry of environment and waters, the Ministry of health or of their territorial units.

Art. 51. Plant protection products are unfit when:

1. the period of their shelf life has expired;

2. physical, chemical or technical indicators, composition, type of formulation, or their other characteristics do not conform with the approved in the resolution and/or have damaged packaging or labels.

Art. 52. it is prohibited to import, entry into the country, placing on the market or use of:

1. unauthorised or unsuitable for plant protection products;

2. plant protection products by persons who do not have authorization for placing on the market and use.

Section Ii

Advice on plant protection products

Art. 53. (1) The Executive Director of the Council is hereby established BABH plant protection products (SPRZ) which is a standing advisory body on matters related to plant protection products.

(2) the Minister of agriculture and Forests shall issue regulations for organisation and operation of SPRZ and acting on a proposal from the Executive Director determines its composition, BABH as it may include representatives of the Ministry of agriculture and food, the Ministry of health, Ministry of environment and water, and scientific institutes.

(3) the members of SPRZ signed privacy statement in a form with which they undertake not to disclose the information provided in the authorisation of plant protection products information and not to use it for its own benefit or for the benefit of third parties.

Art. 54. The plant protection products shall take decisions and make proposals to the Executive Director of BABH for:

1. authorising the placing on the market and use of plant protection product in accordance with Chapter III, section 1 of the Regulation (EC) No 1107/2009 or refusal;

2. authorising the placing on the market and use of plant protection products in the form of a ready solution or cancel;

3. renewal of the authorisation for placing on the market and use of plant protection product or cancel;

4. amendment of the authorisation for placing on the market and use of plant protection products, including authorisation for placing on the market and use of a ready solution thereof, or refusal;

5. revocation or suspension of an authorisation for the placing on the market and use of plant protection products, including authorisation for placing on the market and use of the ready solution of it.

Section III

Authorising the placing on the market and use of plant protection products on the market

Art. 55. (1) the plant protection product is authorised for placing on the market and use, under the conditions and by the procedure of art. 33 – 39 of Regulation (EC) No 1107/2009 of the Ordinance under art. 45, para. 1.

(2) within 14 days of receipt of a proposal of SPRZ under art. 54 the Executive Director of a warrant authorised BABH placing on the market and use of plant-protection and authorisations or reasoned resolution of giving up the plant protection product, when it does not meet any of the requirements under art. 46, para. 1. (3) the refusal under para. 2 are reported and may be appealed pursuant to the administrative code.

(4) a permit referred to in paragraph 1. 2 shall be entered in the register under art. 6, al. 1, item 1.

(5) within 14 days of receipt of the authorization under paragraph 1. 2 the holder submits to the TSU on the model label BABH, with which the plant protection product will be placed on the market and used.

Art. 56. A plant protection product is authorised for temporarily placing on the market and use, under the conditions and by the procedure of art. 30 of Council Regulation (EC) No 1107/2009 and art. 55.


Art. 57. A plant protection product is authorised for placing on the market and use through mutual recognition of authorisations under the conditions and by the procedure of art. 40 – 42 of Regulation (EC) No 1107/2009 of the Ordinance under art. 45, para. 1 and by the procedure of art. 55, para. 2-5.

Art. 58. A plant protection product with low risk is authorised for placing on the market and use, under the conditions and by the procedure of art. 47 of Regulation (EC) No 1107/2009 and art. 55. Art. 59. A plant protection product containing a genetically modified organism is authorised for placing on the market and use in accordance with the requirements of the law on genetically modified organisms (GMOs) and under the conditions and by the procedure of art. 48 of Regulation (EC) No 1107/2009 and art. 55. Art. 60. (1) the enlargement of the scope of the authorisation for placing on the market and use of plant protection products for minor uses shall be permitted, under the conditions and by the procedure of art. 51 of Regulation (EC) No 1107/2009 of the Ordinance under art. 45, para. 1 and by the procedure of art. 55, para. 2-5.

(2) for issue of an authorisation for the placing on the market and use of plant protection products for minor use fees are due.

(3) If within the time limit under art. 55, para. 5 the holder of the authorisation for placing on the market and use of the plant protection product does not present a model of the label, the authorization under art. 55, para. 2 is published on the website of BABH.

Art. 61. (1) the plant protection product is authorised for placing on the market and use of parallel trade, under the conditions and by the procedure of art. 52 of Regulation (EC) No 1107/2009 of the Ordinance under art. 45, para. 1.

(2) within 14 days of receipt of a proposal of SPRZ under art. 54 the Executive Director of a warrant authorised BABH plant protection product for parallel trade and issue permission or reasoned resolve refused when the plant protection product is not identical to the reference product.

(3) the refusal under para. 2 are reported and may be appealed pursuant to the administrative code.

(4) a permit referred to in paragraph 1. 2 shall be entered in the register under art. 6, al. 1, item 1.

(5) within 14 days of receipt of the authorization under paragraph 1. 2 the holder submits to the TSU on the model label BABH, with which the plant protection product will be placed on the market and used.

(6) prior to the placing on the market of a plant protection product under para. 1 the holder of the authorisation for parallel trade in writing notify the TSU on the quantity and BABH number of the consignment from the plant protection product to be placed on the market, as well as for taking control of the product.

Art. 62. (1) the plant protection product is authorised for placing on the market for limited and controlled use, under the conditions and by the procedure of art. 53 of Regulation (EC) No 1107/2009 of the Ordinance under art. 45, para. 1 in danger to plants and plant products, which cannot be contained by the applicable good plant protection practice of plant protection means and methods.

(2) within three days of receipt of a proposal of SPRZ under art. 54 the Executive Director of a warrant authorised BABH the placing on the market for limited and controlled use of a plant protection product, or a reasoned resolution of giving up the plant protection product to be placed on the market for limited and controlled use, where there is no danger to plants and plant products or danger may be contained by other means.

(3) where the plant protection product is not authorized for placing on the market and use, in the order under paragraph 1. 2 identify and quantities to be placed on the market for limited and controlled use.

(4) the refusal under para. 2 are reported and may be appealed pursuant to the administrative code.

(5) the authorised with the order under paragraph 1. 2 plant protection product to be placed on the market for limited and controlled use shall be entered in the register under art. 6, al. 1, item 1.

(6) at the latest within one day of receipt of the order referred to in paragraph 1. 2 the applicant shall provide in the model of the TSU BABH label, with which the plant protection product will be placed on the market for limited and controlled use.

(7) the authorised for placing on the market and use a plant protection product may be authorised for placing on the market for limited and controlled use, and on the initiative of BABH when the use to which it will be applied, is not included in the authorization of the product.

(8) in the case referred to in para. 7 in the one-day term from the issuance of the order under paragraph 1. 2 communicate BABH the holder of the authorisation, shall set a deadline by three days for the presentation of a model of the label, with which the plant protection product will be placed on the market for limited and controlled use.

(9) where, within the period referred to in paragraph 1. 8 the authorisation holder does not submit the specimen label, the order under paragraph 1. 2 is published on the website of BABH.

Art. 63. (1) the plant protection product is not authorized for other uses, and is enabled only for the placing on the market for limited and controlled use, used only in the areas for which it is enabled.

(2) in every delivery person who places a product on the market under para. 1 notify the TSU on the country delivered BABH quantities of the plant protection product.

(3) a person who is a launched product at al. 1 to 14 days after the expiry of the period of authorisation of the product shall notify the TSU of BABH for products put on the market and for the unrealized amounts of the plant protection product.

(4) where the product under para. 1 have remained unrealized amounts, in the notification referred to in paragraph 1. 3 the person who launched it, indicate whether the product will be disabled or removed from the country.

(5) within 7 days of the disposal or removal of the product referred to in paragraph 1. 1 the person who launched it, presents in TSU of written evidence BABH.

Art. 64. (1) the plant protection product is authorised for use in carrying out research and/or development activities under the conditions and by the procedure of art. 54 of Regulation (EC) No 1107/2009 of the Ordinance under art. 45, para. 1. (2) the permission under paragraph 1. 1 can not be longer than the period of the experiment, the series of trials or the program of trials.

Art. 65. (1) Authorised plant protection product is placed on the market and is used in the form of a ready solution following the granting of the marketing authorisation and for use in the form of a ready solution, under the conditions and by the order of the Ordinance under art. 45, para. 1. (2) the finished solution is permitted in one of the concentrations of the working solutions for the use, approved in the resolution of the plant protection product.

(3) within 60 days of the filing of an application for authorisation under paragraph 1. 1 at the suggestion of SPRZ under art. 54 the Executive Director of a warrant authorised BABH placing on the market and use of the plant protection product in the form of a ready solution and issue permission or authorisation of reasoned refused finished solution when his fitness is not proven.

(4) the period of validity of a permit may not be longer than the period of validity of the authorisation for placing on the market and use of plant protection products.

(5) the refusal under para. 3 has been reported and may be appealed pursuant to the administrative code.

(6) a permit referred to in paragraph 1. 3 shall be entered in the register under art. 6, al. 1, item 1.

(7) within 14 days of receipt of the authorization under paragraph 1. 3 holder submits to the TSU on the model label BABH, with which the plant protection product will be placed on the market and will be used in the form of a ready solution.

(8) shall not be granted permission for the ready solution of plant protection product that is:

1. authorised for placing on the market for limited and controlled use, for parallel trade or for use in carrying out research and/or development activities;

2. classified in category of use the first professional.

Art. 66. (1) the authorisation for the placing on the market and use of plant protection products shall be renewed under the conditions and by the procedure of art. 43 of Regulation (EC) No 1107/2009 of the Ordinance under art. 45, para. 1. (2) in the cases under art. 43 (6) of Regulation (EC) No 1107/2009 BABH Executive Director by order extend the period for which the plant protection product is authorised, and reissued the authorisation for the placing on the market and use of plant protection products.

Art. 67. (1) the Modification or revocation of an authorisation for the placing on the market and use of plant protection product shall be made after the review in the period of its validity under the conditions and by the procedure of art. 44 of Regulation (EC) No 1107/2009 and in accordance with procedures determined by the Ordinance under art. 45, para. 1. Authorisation for the placing on the market and use of plant protection products shall be withdrawn and where it is not renewed by the procedure of art. 66.

(2) within 14 days of receipt of the proposal from the SPRZ under art. 54 the Executive Director by order amend BABH authorisation for placing on the market and use of plant protection products and reissued, with a warrant accordingly takes the permission.

(3) the order under paragraph 1. 2 are reported and may be appealed pursuant to the administrative code. When the order is withdrawn the authorization, an appeal shall not have suspensive effect.

(4) the Preizdadenoto permission, according to the order for withdrawal of authorization shall be entered in the register under art. 6, al. 1, item 1.

(5) where authorisation for placing on the market and use of plant protection products is amended or revoked by an order under subsection. 2 the authorisation for the placing on the market and use of this product in the form of a ready solution should therefore be amended accordingly, or it takes pursuant to para. 1-4.

(6) in accordance with para. 1 – 4 are respectively shall amend or withdraw the authorisation and the placing on the market and use of parallel trade of plant protection products for which the plant protection product with withdrawn or amended by the order under paragraph 1. 2 authorisation for placing on the market and use a reference within the meaning of art. 52 of Regulation (EC) No 1107/2009.


Art. 68. (1) the modification or termination of the authorisation for placing on the market and use of plant protection products is carried out at the request of the holder under the conditions and by the procedure of art. 45 of Regulation (EC) No 1107/2009 and subject to the conditions and procedures laid down in the Ordinance under art. 45, para. 1. (2) within 14 days of receipt of a proposal of SPRZ under art. 54 the Executive Director by order amend BABH authorisation for placing on the market and use of plant protection products and reissued it a reasoned amendment, or refused if the product does not meet any of the requirements under art. 46, para. 1, respectively, with a suspended permit.

(3) the refusal under para. 2 are reported and may be appealed pursuant to the administrative code.

(4) the Preizdadenoto permission, according to the order for termination of the permit shall be entered in the register under art. 6, al. 1, item 1.

(5) where the amendment is related to the circumstances and data for which there is no need to establish compliance with the requirements under art. 46, para. 1, the order under paragraph 1. 2 shall be issued within 14 days from receipt of a request under paragraph 1. 1.

(6) where authorisation for placing on the market and use of plant protection product has been modified or terminated by an order under subsection. 2 the authorisation for the placing on the market and use of this product in the form of a ready solution, respectively, be amended or terminated in accordance with para. 2-4.

(7) in accordance with para. 2-4 respectively, are amended or terminated and authorisations for placing on the market and use of parallel trade of plant protection products for which the plant protection product with the reprinted or terminated the order under paragraph 1. 2 authorisation for placing on the market and use a reference within the meaning of art. 52 of Regulation (EC) No 1107/2009.

Art. 69. (1) for the plant protection products whose marketing authorisations and use are amended, revoked or suspended, set grace periods for disposal, storage, placing on the market and use, under the conditions of art. 46 of Regulation (EC) No 1107/2009 and in accordance with procedures determined by the Ordinance under art. 45, para. 1.

(2) where authorisation for placing on the market and use of plant protection product is withdrawn for reasons connected with the protection of human and animal health or the environment, the placing on the market and use of the product shall be suspended immediately by the quantities available for the period shall be fixed for the withdrawal from the market, storage and disposal of not more than six months.

(3) the grace periods under para. 1 and the period under para. 2 shall be defined in the order with which is amended or terminated takes authorisation for placing on the market and use of plant protection product.

Section IV

Biological testing of plant protection products

Art. 70. (1) the biological testing of plant protection products shall be carried out in official databases of approved and BABH bases of physical and legal persons entered in the register under art. 6, al. 1, item 3.

(2) the Bulgarian food safety agency may assign the biological testing of plant protection products on research institutes.

(3) the Bulgarian Agency for food safety control the conduct of biological testing in places under para. 1 and 2.

(4) biological testing of plant protection products shall be carried out under the conditions and in accordance with procedures laid down in the Decree of the Minister of agriculture and food.

(5) the official BABH bases are determined by an order of the Executive Director. In official testing for organic bases are to be paid according to the rate sheet prices under art. 5, al. 1. Art. 71. (1) the biological testing of plant protection products shall be carried out in accordance with the rules of good experimental practice.

(2) The biological testing subject to plant protection products which have a trade name or code number of the manufacturer for the development of the product.

(3) the treated plants or plant products with plant protection products, the composition of which included one or more active substances which are not contained in the composition of the authorised product or are contained in the composition of the product authorized for use against other harmful organism shall be disposed of in the order determined by the Ordinance under art. 70, para. 4. Art. 72. (1) to perform biological testing of plant protection product, the applicant concluded a contract with the holder, respectively the BABH certificate for biological testing of plant protection products.

(2) if necessary, BABH contract with owners and/or users of agricultural lands, in accordance with the biological testing of plant protection products on crops grown.

(3) in the cases referred to in para. 2 owners of destroyed under art. 71, para. 3 plants and plant products are compensated with funds from the budget of the order BABH by the Ordinance under art. 31, para. 2. The funds shall be paid subject to the provisions of European Union law in the field of State aid.

Art. 73. (1) the Base of a natural or legal person for biological testing of plant protection products shall be approved when it meets the requirements laid down in the Ordinance under art. 70, para. 4, and:

1. has at least two test sites located in the northern and the southern part of the territory of the country;

2. for each of the places referred to in paragraph 1 is provided by one person:

a) with higher education in the field of agricultural sciences with professional direction "plant protection" and a certificate in art. 83, which runs the biological testing;

(b)) with higher education in the field of agricultural sciences with professional direction "plant protection" or "plant" or secondary professional education in the field of horticulture and a certificate in art. 83 to perform biological testing;

3. the natural or legal person or related persons within the meaning of the law on small and medium-sized enterprises are not interested in the results of the biological testing and do not carry out activities subject to control under this law.

(2) where the basis for biological testing of plant protection products shall benefit from a natural or legal person on the basis of the established right of use, the terms of para. 1, item 3 shall also apply in respect of the owner of the base.

(3) heads of the biological testing on the ground can carry out the functions and the persons referred to in para. 1, item 2 (b).

(4) the obligations of managers of biological testing and persons referred to in para. 1, paragraph 2, point (b) shall be determined by the Ordinance under art. 70, para. 4.

Art. 74. (1) for approval on the basis of biological testing persons submitted to the TSU of BABH sample application, to which the documents specified by the Ordinance under art. 70, para. 4.

(2) the application and supporting documents under paragraph 1. 1 shall be verified by the Commission, appointed by order of the Executive Director of BABH. In establishing its incompleteness, the Executive Director or an official authorised by him shall notify the applicant in writing and shall set a deadline for their removal.

(3) in neotstranâvane of limitations under para. 2 the application is left without consideration, for which the applicant shall be notified in writing.

(4) within 30 days from the filing of the application or removal of limitations under para. (2) the Commission shall check the documents and the places in which the biological testing will be carried out, for their compliance with the requirements of the Ordinance under art. 70, para. 4. In establishing the discrepancies the Commission gives instructions and shall set a deadline for their removal. Within three days from the date of the removal of disparities is rechecked.

(5) within 7 days of completion of the examination under paragraph 1. 4 the Commission shall draw up a written opinion to the Executive Director on a proposal approving BABH based on biological testing of plant protection products or to cancel.

Art. 75. (1) within 7 days of receipt of the opinion referred to in art. 74, para. 5, the Executive Director of BABH or authorised by him officer approves the basis for biological testing of plant protection products on the market and test certificate for organic or reasoned refuses issue, where inconsistencies with the requirements of the Ordinance under art. 70, para. 4. (2) the refusal under para. 1 shall be notified and may be appealed pursuant to the administrative code.

(3) within the period referred to in paragraph Neproiznasâneto. 1 is not considered to be tacit consent.

(4) the certificate shall be issued for a period of 10 years and the rights and obligations hereunder may not be transferred to another person.

(5) the certificates referred to in paragraph 1. 1 shall be entered in the register under art. 6, al. 1, item 3.

(6) for approval on the basis of biological testing of plant protection products on the market and the issue of a certificate for biological testing fee according to the tariff referred to in art. 5, al. 1.

Art. 76. (1) within 7 days of the occurrence of a change in circumstances relating to a certificate issued under art. 75, para. 1, the holder shall submit the TSU of BABH sample application, you apply the change, and document fee paid under the tariff referred to in art. 5, al. 1. (2) the certificate shall be reissued under the conditions and by the procedure of art. 74, para. 2-5 and art. 75, para. 1-5. If the change in circumstances for which it is not necessary carry out on-the-spot inspection, the certificate shall be reissued within 7 days.

Art. 77. (1) the Executive Director of BABH or authorised by him with a warrant officer invalidates a certificate for biological testing of plant protection products on the market: 1. on the written request of the holder;

2. in the case of gross or systematic violations.

(2) the order under paragraph 1. 1, item 2 shall be notified and may be appealed pursuant to the administrative code.

Art. 78. (1) the import or introduction of plant protection products intended for biological testing is carried out only by persons stated these products for biological testing after issue of a certificate by the Executive Director or the authorised by BABH it official.


(2) the terms and conditions for the issue of udostverenie in al. 1 shall be determined by the Ordinance under art. 70, para. 4. Section V

Classification, packaging, labelling and classification of plant protection products

Art. 79. (1) the plant protection products:

1. classified in accordance with Regulation (EC) no 1272/2008 (CLP);

2. labelled in accordance with Regulation (EC) No 1107/2009, Regulation (EC) no 547/2011, Regulation (EC) no 1272/2008 (CLP).

(2) plant protection products shall be packed in accordance with Regulation (EC) No 1107/2009 and Regulation (EC) no 1272/2008 (CLP). The closing of the packaging must contain a filling or other sealing device so that when you open the integrity of the seal or sealing device to be broken irreparably.

Art. 80. (1) the plant protection products are categorized into two categories of use – professional and unprofessional.

(2) category of Professional use shall be divided into two subcategories – first and second professional professional.

(3) the category of use of the plant protection product is determined in his authorisation for the placing on the market and use in accordance with the criteria determined by the Ordinance under art. 45, para. 1, according to:

1. the conditions and limits for the approval of active substances, safeners and synergists;

2. the classification of the plant protection product in one or more categories according to art. 2 of the law on protection from the harmful effects of chemical substances and mixtures or in one or more hazard classes under Regulation (EC) no 1272/2008 (CLP);

3. the assessment of the toxicological and ecotoxicological characteristics of the plant protection product, the physical and chemical properties, and his existence and his behavior in the environment;

4. the stated uses and the category of users in accordance with Regulation (EC) no 547/2011.

(4) plant protection products containing an active substance – a candidate for substitution shall be categorized in the category professional.

(5) plant protection products containing active substances with low risk or basic substances shall be categorised in category unprofessional.

(6) the category of use shall be entered in the authorisation for the placing on the market and use of plant protection products.

Section VI

Advertising of plant protection products and publications

Art. 81. (1) the advertising of plant protection product shall be made in accordance with the terms of the authorisation for placing on the market and use in the Republic of Bulgaria and with the requirements of art. 66 of Regulation (EC) No 1107/2009.

(2) the advertising of plant protection product must contain information about the restrictions on use and warning phrases and characters established in the labelling, or refer to the product label or the manufacturer's website, where these restrictions, signs and symbols are specified.

Art. 82. It shall be prohibited: 1. the advertising of unauthorised plant protection product or the product outside the permitted use;

2. advertising and publishing false indications on trade, storage and use of the plant protection product;

3. provision of false advice for use of the plant protection product;

4. the reference to non-existent properties of the plant protection product;

5. the omission of the hazardous properties of the plant protection product;

6. the use of words that represent the plant protection product as safe or allow for the understatement of the hazard;

7. a comparison of the properties of the plant protection product advertised to the merits of the similar products of other manufacturers.

Section VII

Training and certification of persons who are entitled to use plant protection products by professional category of use

Art. 83. distributors, consultants and professional users of plant protection products by professional category of use must be in possession of a certificate issued by the Executive Director or the authorised by BABH it official.

Art. 84. (1) the professional users, distributors and advisers with higher education in the field of agricultural sciences with professional direction "plant protection" or "plant" will receive a certificate in art. 83.

(2) beyond the case referred to in para. 1 any professional user and distributor receives a certificate in art. 83 after passing the training programme approved by the Executive Director of BABH, and successful completion of the exam. The training can be face-to-face or remotely.

Art. 85. (1) the Training referred to in art. 84, para. 2 is conducted by universities, BABH or institutions in the system of vocational education and training programs, which include at least the subjects listed in annex 2.

(2) the programmes referred to in paragraph 1. 1 developed by the training institutions, taking into account the specific functions and responsibilities of the persons under art. 84, para. 2.

Art. 86. On receipt of the certificate referred to in art. 83 professional users, distributors and consultants submitted to the permanent address ODBH sample application that apply:

1. a certified copy of the diploma of higher education in the field of agricultural sciences with professional direction "plant protection" or "plant" – for the persons under art. 84, para. 1;

2. a certified copy of the document of education – for the persons under art. 84, para. 2.

Art. 87. (1) within 14 days from the filing of the application under art. the Executive Director of the 86 BABH or authorized officer thereof shall issue a certificate for the use of plant protection products on the market of the Professional category of use form.

(2) the certificate shall be issued to persons:

1. under art. 84, para. 1 – Permanent;

2. under art. 84, para. 2 – valid for 10 years.

(3) the Certificate Issued shall be entered in the register under art. 6, al. 1, item 13.

Art. 88. (1) the certificate valid for 10 years renewable by the procedure of art. 86 and 87.

(2) training under art. 84, para. 2 must be completed within one year prior to the filing of the application for renewal of the certificate.

Art. 89. (1) the Executive Director of BABH or authorised by him with an official invalidates the certificate referred to in art. 83:

1. at the written request of the holder;

2. in the case of gross or systematic violations.

(2) in the cases referred to in para. 1, item 2 the certificate is unnerving for a period of up to three years.

(3) the order under paragraph 1. 1, item 2 shall be notified and may be appealed in accordance with Adiministrativnoprocesualniâ code. An appeal shall not have suspensive effect.

Art. 90. (1) the Bulgarian food safety agency prepares annually updated information on the topics of training on Annex No. 2.

(2) the information referred to in para. 1 shall be published on the website of BABH and provided by the certificate holders ODBH under art. 83 to update their knowledge.

Section VIII

Marketing, repackaging and storage of plant protection products on the market

Art. 91. (1) the marketing of plant protection products shall be carried out by persons who are merchants within the meaning of the commercial code and hold a certificate for the trade in plant protection products, issued by the Director of ODBH.

(2) the persons referred to in para. 1 must have items for trade, which are:

1. warehouses for trade of plant protection products and/or

2. agricultural pharmacies.

(3) For the objects in the Al. 2, item 1 traders should have provided a person with higher education in the field of agricultural sciences with professional direction "plant protection" or "plant".

(4) in the objects under para. 2, item 2 shall be marketed only plant protection products from the second professional and/or non-professional category of use in packaging of a capacity of 1 litre/kg.

(5) plant protection products by professional category of use are only sold to persons who hold a certificate referred to in art. 83. Art. 92. (1) the objects of art. 91, para. 2 the person is provided with a certificate under art. 83.

(2) the person referred to in paragraph 1. 1 is present in the object to carry out trade in plant protection products during the sale and provides information on the use of plant protection products, the risks to the health of humans, animals and the environment, and safety instructions. When selling to retail customers shall be provided and information on hazards, exposure, proper storage, use, application of the plant protection products and the safe disposal of them in accordance with the law on waste management, as well as on low-risk alternatives.

(3) the obligations of the person referred to in para. 1 shall be determined by the Ordinance under art. 47.

Art. 93. (1) in order to obtain a certificate for the trade in plant protection products the persons submitted to the ODBH in whose territory is situated the object trading sample application, to which the documents specified by the Ordinance under art. 47. (2) the application and supporting documents under paragraph 1. 1 verified by inspectors from ODBH. In establishing the incompleteness and/or discrepancies ODBH Director or authorized officer thereof shall notify the applicant in writing and shall set a deadline for their removal.

(3) in the neotstranâvane of the blanks and/or application incompatibilities is left without consideration, for which the applicant shall be notified in writing.

(4) within three days from the date of submission of the application referred to in paragraph 1. 1 or by removal of blanks and/or non-conformities under para. 2 the inspector shall draw up a written opinion to the Director on a proposal ODBH for issuing of certificate for trade in plant protection products.

Art. 94. (1) within three days of receipt of the opinion referred to in art. 93, para. 4 the Director shall issue a certificate of ODBH under art. 91, para. 1 for trade in plant protection products.

(2) the certificate shall be issued for a period of 10 years validity.

(3) for the issue of trade in plant protection products fee according to the tariff referred to in art. 5, al. 1.

(4) the Certificate Issued shall be entered in the register under art. 6, al. 1, item 4.


Art. 95. (1) within 7 days of the occurrence of a change in the circumstances relating to the issued certificate as per art. 94, para. 1, the holder shall submit to the appropriate ODBH sample application, you apply documents certifying the change, and document fee paid under the tariff referred to in art. 5, al. 1.

(2) the certificate shall be reissued under the conditions and by the procedure of art. 93, para. 2 – 4 and art. 94. Art. 96. (1) the plant protection products are repacked, when it issued authorisations for the placing on the market and use or for parallel trade.

(2) plant protection products are repacked in packagings which meet the requirements for storage and transport of the plant protection product concerned.

(3) Preopakovanite plant protection products shall be entered in the register under art. 6, al. 1, item 2.

(4) re-packaging of plant protection products shall be carried out by persons who are merchants within the meaning of the commercial code and hold a certificate for repacking of plant protection products, issued by the Director of ODBH.

(5) the Repackaging is carried out in the establishment for repacking of plant protection products on the market which meets the requirements laid down in the Ordinance under art. 47. (6) activity in object for repacking of plant protection products shall be carried out by persons with a certificate in art. 83. (7) the obligations of the persons referred to in para. 6 shall be determined by the Ordinance under art. 47.

Art. 97. (1) the certificate of re-packaging of plant protection products shall be issued under the conditions and by the procedure of art. 93 and art. 94, para. 1 – 3 and entered in the register under art. 6, al. 1, item 5.

(2) upon a change in circumstances relating to the issued certificate under para. 1, applies to art. 95.

Art. 98. Holders of certificate of re-packaging of plant protection products shall:

1. to enter into contracts for repacking with holders of authorisations for the placing on the market and use, or parallel trade of authorisations for plant protection products;

2. within 7 days from the conclusion of the contract referred to in paragraph 1 to submit the TSU of the certified copy of the Treaty BABH as regards the type of plant protection products to be repacked, the material and the capacity of the packaging and the duration of the contract;

3. to keep a record for plant protection products that are repackaged, at least 5 years from the date of repackaging.

Art. 99. (1) the plant protection products shall be stored in accordance with the requirements set out on the label of the particular separate places in:

1. stocks to a manufacturer of plant protection products on the market;

2. objects for trade in plant protection products;

3. objects for repacking of plant protection products;

4. warehouses for the storage of plant protection products in the farmer, when intended for use in the holding of the farmer.

(2) the Requirements under paragraph 1. 1, paragraphs 1 and 4 shall be determined by the Ordinance under art. 47.

Art. 100. (1) the plant protection products which are unsuitable or are not authorised for placing on the market and use, stored on a special separate places in the sites and warehouses under art. 99, para. 1 and are marked with the inscription "UNFIT" or "UNRESOLVED".

(2) the disposal of plant protection products are disposed of in accordance with the law on waste management.

Art. 101. It shall be prohibited: 1. storing with a view to sale, marketing and repackaging of unauthorized and/or unfit for plant protection products;

2. the storage for the purpose of sale and marketing of plant protection products outside the objects of art. 91, para. (2);

3. the marketing of plant protection products into objects of art. 91, para. 2 in the absence of the persons under art. 92, para. 1;

4. conservation of and trade in plant protection products from the first professional category of agricultural use in pharmacies;

5. storage and marketing of plant protection products in containers of a capacity greater than 1 liter/kilogram, in pharmacies;

6. the marketing of plant protection products on the market of the Professional category of use to persons who do not hold a certificate referred to in art. 83;

7. the marketing of plant protection products with damaged packaging or label;

8. repacking of plant protection products outside the objects of art. 96, para. 5;

9. repacking of plant protection products for which there is no signed contracts under art. 98, item 1.

Art. 102. (1) the Director of ODBH by order suspend the certificate for:

1. the marketing of plant protection products on the market for a period:

and – in) two years gross or systematic violations;

(b)) a year – when trading with unauthorised or unsuitable for plant protection products, except in the cases under art. 100, para. 1;

in six months) – failure to at least two prescriptions issued within one year;

d) – three months on sales of plant protection products in agricultural pharmacy by a person other than the persons under art. 92, para. 1;

2. re-packaging of plant protection products on the market for a period:

and – in) two years gross or systematic violations;

(b)) a year – when repackaging of unauthorised or unsuitable for plant protection products;

in eight months-at) re-packaging of plant protection products on the market without a contract under art. 98, item 1;

d) six months – in the event of at least two prescriptions issued within one year;

e) three months – in re-packaging of plant protection products on the market, where the activities are carried out in the holding of persons without a certificate under art. 83.

(2) the order under paragraph 1. 1 shall be notified and may be appealed pursuant to the administrative code. The suspension of the operation of the certificate shall be entered in the register under art. 6, al. 1, item 4 or 5.

(3) After expiry of the relevant period under para. 1 certificate for trade in plant protection products or for repacking of plant protection products shall be resumed ex officio, that fact shall be recorded in the register under art. 6, al. 1, item 4 or 5.

Art. 103. the Director of a warrant certificate invalidates ODBH trading with plant protection products or for repacking of plant protection products:

1. at the written request of the holder of the certificate;

2. upon termination of the activity or the deletion of a legal person or sole trader.

Section Ix

Use of plant protection products

Art. 104. (1) the plant protection products are used:

1. in accordance with art. 55 of Regulation (EC) No 1107/2009;

2. subject to specific measures to protect the aquatic environment (surface and groundwater) and of drinking water under art. 125, para. (2);

3. under the conditions and in accordance with procedures laid down in the Decree of the Minister of agriculture and food.

(2) plant protection products can be used and in accordance with the specific principles for integrated pest management.

(3) in the case of use of plant protection products shall comply with the protective zones and distances from adjacent sensitive crops. Protective zones and distances are determined in the Ordinance referred to in para. 1, item 3.

Art. 105. depending on the category of use, plant protection products are applied by users, as follows: 1. a plant protection product from the first professional category of use by customers with a certificate in art. 83 and under the control of the person with the higher education in the field of agricultural sciences with professional direction "plant protection" or "plant";

2. plant protection products from the second Professional category of use by users with a certificate in art. 83;

3. plant protection products from the non-professional category of use – by persons aged 18 or over.

Art. 106. Plant protection products are applied with specialized equipment and equipment for application of plant protection products on the market, which comply with the requirements of the law for the registration and control of agricultural and forestry equipment and/or the law on civil aviation.

Art. 107. It shall be prohibited: 1. storage for use and use of unauthorised or unsuitable for plant protection products;

2. the use of plant protection products outside the scope of the permitted use or dose that exceeds the maximum allowed dose per unit area;

3. the application of plant protection products on the market through aerial spraying;

4. harvesting of agricultural produce before the end of the quarantine period on plant protection products used;

5. the use of seeds for sowing, treated with plant protection products for purposes other than for sowing;

6. the use of plant protection products on the market in breach of the prohibitions and restrictions laid down in the Ordinance under art. 135, para. 1, item 6 of the Water Act.

Art. 108. (1) it is prohibited to use of plant protection products by professional category of use on: 1. areas used by the general public or by vulnerable groups, such as public parks and gardens, sports and recreation grounds, school grounds and playgrounds, as well as in the immediate vicinity of healthcare or hospitals;

2. areas for protection laid down in the law on waters, or other areas designated by order of the Minister of environment and water;

3. areas in which, at the time of the treatment working farm workers.

(2) if necessary, the treatment of areas or zones under para. 1, item 1 or 2 be used in plant protection products by unprofessional use or category of plant protection products on the market with low risk or biological agents are applied.

Art. 109. (1) by way of derogation from the prohibition under art. 107, item 3 plant protection products can be applied through aerial spraying only after written authorisation issued by the Director under the danger of ODBH plants and plant products where there is:

1. impossibility for the application of plant protection products on the market through specialized ground equipment due to:

a waterlogged pitches) and areas or other adverse agro-climatic conditions;


b) severely truncated and/or inaccessible areas, including forest territories;

c) danger of erosion or compaction of the soil;

2. necessity of treatment within a short time frame for compliance with the conditions of use of the plant protection product.

(2) the Permission under paragraph 1. shall be issued where:

1. plant protection products are approved for implementation through aerial spraying;

2. aviation operator who will carry out aerial spraying, hold the certificate for performing aerial works of art. 64, para. 2 of the law on Civil Aviation;

3. the aircraft, which will carry out aerial spraying, is equipped with the best available technology to reduce the referral of the Jet and meets the requirements of the law of civil v″zuhoplavane and its implementing acts;

4. a person on the staff of the aviation operator certificate under art. 83;

5. areas to be treated, not fall into:

a) belts I, II and III of the sanitary-protection zones around water sources and facilities for domestic water supply from surface waters and in zones I and II around water sources for domestic water supply from groundwater and mineral waters used for therapeutic, prophylactic, drinking water and hygiene needs referred to in the Ordinance under art. 135, para. 1, item 6 of the law on water;

b) close to residential areas, areas for parks and gardens or areas for sports and entertainment.

Art. 110. (1) For obtaining permission for the application of plant protection products on the market through aerial spraying farmers lodged in ODBH in whose territory is situated the area to be treated, the sample application at least 6 days before the date of the treatment.

(2) an application under subsection. 1 shall apply:

1. prescription for application of plant protection products on the market because of the danger to plants and plant products issued by a person with higher education in the field of agricultural sciences with professional direction "plant protection" or "plant";

2. data for individualizing the properties that will be treated;

3. a copy of the contract with the aircraft operator who will carry out aerial spraying;

4. the Declaration in a form of compliance with the requirement under art. 109, para. 2, item 5.

(3) the permission under paragraph 1. be issued in the order determined by the Ordinance under art. 104, para. 1, item 3.

(4) within three days from the date of submission of the application referred to in paragraph 1. 1 the Director of ODBH or authorised by him official permission issued for application of plant protection products on the market through aerial spraying or reasoned refused issue, when you are not satisfied the requirements of art. 109. (5) the authorisation referred to in paragraph 1. 4 shall be issued for a period not exceeding 5 days and entered in the register under art. 6, al. 1, item 8. The authorization also contains measures and timelines necessary for timely warning of the population and to protect the environment in the vicinity of the area to be treated.

(6) where appropriate, the implementation of emergency measures application under para. 1 may be lodged by way of exception, at least three days prior to the date of the treatment.

Art. 111. The regional directorates on food safety by councils and local mass media or otherwise disseminate information about the impending application of plant protection products on the market through aerial spraying. The information shall be published on the website of the respective ODBH and includes the location of the areas to be treated, the date and time that will be carried out aerial spraying, and the kind of the plant protection product to be applied.

Art. 112. the persons who use plant protection products with ground-based equipment or by aerial spraying, personally notified owners of the bee families, located in the grounds of the City Hall in which the areas to be treated, as well as the owners of the bee families, located in the adjacent territories of the date and time at which each application will be made of plant protection products.

Art. 113. (1) a plant protection product shall apply to the fumigation of plants, plant products and other objects:

1. If you are approved for implementation in the fumigation;

2. persons who have received training for fumigation in higher school or institution in the system of vocational education and training programme approved by the Executive Director of BABH.

(2) the fumigation of plants, plant products or other objects shall be carried out under conditions and by an order determined by the Ordinance under art. 104, para. 1, item 3.

Art. 114. (1) in the treatment of seeds for sowing, plant protection products are applied:

1. If you are approved for the treatment of seeds for sowing;

2. with specialized equipment and equipment for the treatment of seeds for sowing;

3. in special premises which meet the requirements laid down in the Ordinance under art. 104, para. 1, item 3.

(2) seed treatment with plant protection products shall be carried out under conditions and by an order determined by the Ordinance under art. 104, para. 1, item 3.

Art. 115. Cases of acute and/or chronic poisoning with plant protection products of persons exposed regularly on the impact of plant protection products, such as professional users, agricultural workers or individuals who live near the areas where the use of plant protection products shall be reported under the conditions and by the order of the Ordinance under art. 7, al. 9 of the law on protection from the harmful effects of chemical substances and mixtures.

Section X

Specialized plant protection service

Art. 116. (1) the fumigation of plants, plant products and other objects, such as specialized plant protection service is carried out by persons who are merchants within the meaning of the commercial code and are entered in the register under art. 6, al. 1, item 9.

(2) for entry in the register under art. 6, al. 1. the persons referred to in paragraph 9. 1 submitted in ODBH in whose territory they are established, a notice in a form to which certified copies of: 1. diploma of higher education in the field of agricultural sciences with professional direction "plant protection" of the person who will supervise the process of fumigation, and contract with him;

2. a document of complete training for fumigation – for the person under art. 113, para. 1, item 2, and contract with him;

3. a list of the art and/or equipment for the application of plant protection products under fumigation.

(3) within 7 days of submission of the notification referred to in para. 2 ODBH Director issued an order for entry in the register under art. 6, al. 1, item 9, which is reported under the administrative code.

(4) the entry under para. 3 unlimited and no fees are due.

(5) upon failure within the period referred to in paragraph 1. 3 there is a tacit agreement and the persons referred to in para. 1 can carry out fumigation of plants, plant products and other objects, such as specialized plant protection service.

Art. 117. (1) treatment with plant protection products of seeds for sowing as a specialized plant protection service is carried out by persons who are merchants within the meaning of the commercial code and are entered in the register under art. 6, al. 1, item 9.

(2) for entry in the register under art. 6, al. 1. the persons referred to in paragraph 9. 1 submitted in ODBH in whose territory they are established, a notice in a form to which certified copies of: 1. diploma of higher education in the field of agricultural sciences with professional direction "plant protection" or "Crop" of the person who will supervise the treatment of seeds, and contract with him;

2. a document of ownership or the right to use the specialized luggage under art. 114, para. 1, item 3;

3. a list of the specialized machinery and equipment for the treatment of seeds for sowing.

(3) within 7 days of submission of the notification referred to in para. 2 ODBH Director issued an order for entry in the register under art. 6, al. 1, item 9, which is reported under the administrative code.

(4) the entry under para. 3 unlimited and no fees are due.

(5) upon failure within the period referred to in paragraph 1. 3 there is a tacit agreement and the persons referred to in para. 1 can perform treatment with plant protection products of seeds for sowing as a specialized plant protection service.

Art. 118. (1) consulting services for the integrated management of pests, such as specialized plant protection service is carried out by natural or legal persons who are entered in the register under art. 6, al. 1, item 9.

(2) for entry in the register under art. 6, al. 1. the persons referred to in paragraph 9. 1 submit the domicile or the ODBH in whose territory they are established, a notice in a form to which certified copies of:

1. diploma/higher education and in the field of agricultural sciences with professional direction "plant protection" or "Crop" of the consultant (s) and contract with him/them;

2. certificate (s) of art. 83 of the consultant (s).

(3) within 7 days of submission of the notification referred to in para. 2 ODBH Director issued an order for entry in the register under art. 6, al. 1, item 9, which is reported under the administrative code.

(4) the entry under para. 3 unlimited and no fees are due.

(5) upon failure within the period referred to in paragraph 1. 3 there is a tacit agreement and the persons referred to in para. 1 can carry out consultancy services for integrated management of pests, such as specialized plant protection service.

(6) consulting services for the integrated management of pests are provided under conditions and in accordance with procedures laid down by the Ordinance under art. 9, para. 4. Art. 119. (1) within 7 days from the occurrence of a change in the data entered in the register under art. 6, al. 1, item 9 circumstances the persons under art. 116, para. 1, art. 117, para. 1 and art. 118, para. 1 submitted in the notification, model ODBH to which documents certifying the change.

(2) within 7 days of submission of the notification referred to in para. 1 ODBH Director issued an order for registration of the change in the register under art. 6, al. 1, item 9.

Section Xi

Follow-up on trade, repacking, storage and use of plant protection products on the market


Art. 120. (1) the control of plant protection products and marketing, repackaging, storage and their use shall be carried out under the conditions and in accordance with procedures laid down in the Decree of the Minister of agriculture and food.

(2) under para. 1 is achieved through planning and sweeps and checks for the presence of data breach and covers:

1. plant protection products;

2. the persons who carry out the activities referred to in para. 1;

3. objects, in which the Al. 1;

4. the documentation concerning the performance of the activities referred to in para. 1;

5. plants and plant products in primary production and other sites that are used for plant protection products.

(3) control samples for carrying out the checks referred to in paragraph 1. 2 take the order specified in the Ordinance referred to in para. 1. (4) control samples taken in carrying out the examination under paragraph 1. 2, item 1, shall be tested at the central laboratory for chemical tests and BABH control and/or by accredited laboratories in accordance with Regulation (EC) no 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ , L 218/30 of 13 August 2008), hereinafter referred to as "Commission Regulation (EC) no 765/2008".

(5) control samples taken in carrying out the examination under paragraph 1. 2, item 5, shall be tested at the central laboratory for chemical tests and BABH control and/or by accredited laboratories by the national accreditation body of the Member State.

(6) when a consignment of plant protection product certificate for laboratory analysis or a discrepancy is found under art. 122, para. 1, the cost of laboratory tests of the control samples taken in carrying out the examination under paragraph 1. 2, item 1, shall be borne by the holder of the authorisation for placing on the market and use of plant protection products.

Art. 121. (1) upon detection of non-compliance with regulatory requirements on inspection under art. 120, para. 2 plant protection inspectors give prescriptions and can implement one or more of the following measures: 1. stop the activity at the site;

2. the arrest of lot/and/or seizure of quantities;

3. arrest of plants and plant products;

4. take any other measures necessary for the implementation of their powers.

(2) the measures referred to in paragraph 1. 1 apply to the disposition, which can be appealed to the Director of the respective ODBH pursuant to the administrative code.

(3) an order under subsection. 2 may be appealed against through the courts only if it is contested by administrative order.

Art. 122. (1) where non-conformity of the plant protection product with the physical, chemical and technical characteristics, composition, type of formulation, or his other characteristics, approved in the resolution of the product, or the discovery of a discrepancy in the package or on the label of the product, or when his term expired, the Executive Director of BABH by order may apply one or more of the following measures : 1. immediate cessation of trade, repackaging and the use of the plant protection product and withdrawn from the market;

2. the re-labeling or processing by the manufacturer when the plant protection product is in original packaging;

3. export of the plant protection product;

4. disposal of the plant protection product in accordance with the law on waste management.

(2) the measures referred to in paragraph 1. 1 can apply only to specific lots of the plant protection product.

(3) the order under paragraph 1. 1 shall be notified and may be appealed pursuant to the administrative code. An appeal shall not have suspensive effect.

(4) the cost of implementing the measures referred to in paragraph 1. 1 shall be borne by the holder of the authorisation for placing on the market and use of plant protection products.

(5) within 7 days of the implementation of the measures referred to in paragraph 1. 1 liable person shall submit to the TSU on documentary evidence of BABH implementation.

(6) in the event of failure to comply with the measure referred to in paragraph 1. 1, item 2 or 3 of the plant protection product is subject to disposal in accordance with the law on waste management.

Art. 123. (1) where the use of an unauthorized plant protection product on plants and plant products in the primary production or the discovery of unauthorized use of a plant protection product, the Director of the respective ODBH by order may apply one or more of the following measures: 1. the export of plants and plant products;

2. destruction of plants and plant products in accordance with the law on waste management, regulations and decisions of the European Commission under art. 16, al. 3 and/or methodologies approved by the Executive Director of BABH.

(2) the order under paragraph 1. 1 shall be notified and may be appealed pursuant to the administrative code. An appeal shall not have suspensive effect.

(3) the costs for the implementation of the measures referred to in paragraph 1. 1 at the expense of the farmer.

(4) within 7 days of the implementation of the measures referred to in paragraph 1. 1 the farmer shall submit to the relevant documentary evidence of ODBH implementation.

Section XII

National action plan for the sustainable use of pesticides in accordance with art. 4 of Directive 2009/128/EC

Art. 124. (1) the Council of Ministers approved the national action plan for the sustainable use of pesticides with a view to reducing the risks and impacts of pesticide use on human health and the environment and to promote the development and introduction of integrated pest management and of alternative approaches or methods.

(2) in the preparation of this plan involved representatives of competent public authorities and stakeholders.

(3) the national plan of action for the sustainable use of pesticides is being developed in accordance with the adopted plans and other measures concerning the use of pesticides, including the river basin management plans under the Water Act.

(4) following the approval by the Council of Ministers, the national plan of action on the sustainable use of pesticides shall be submitted to the European Commission and the competent authorities of the other Member States.

(5) the national plan of action for the sustainable use of pesticides shall be reviewed at least every five years in accordance with para. 1-4.

Art. 125. (1) the national plan of action for the sustainable use of pesticides:

1. define quantitative and other targets, measures and timetables to reduce risks and impacts of pesticide use on human health and the environment;

2. Encourages the implementation of integrated pest management and of alternative approaches or methods in order to reduce dependency on the use of pesticides;

3. includes indicators for monitoring of the use of plant protection products containing active substances approved in accordance with Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market, but do not meet the criteria for approval in subparagraphs 3.6 – 3.8 of annex II to Regulation (EC) No 1107/2009 When the active substances are subject to renewal or approval pursuant to that regulation;

4. establish timetables and targets for reducing the use of active substances referred to in paragraph 3, in particular if the reduction of use constitutes an appropriate way to achieve risk reduction in terms of priority sites;

5. include requirements to inform persons likely to be exposed to the usage of the Jet in the application of plant protection products on the market;

6. lays down harmonised risk indicators and national.

(2) in the national plan of action for the sustainable use of pesticides, lay down specific measures to protect the aquatic environment (surface and groundwater) and drinking water supplies from the impact of pesticides.

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

1. giving priority to plant protection products:

a) are not classified as dangerous to the aquatic environment, in accordance with Regulation (EC) no 1272/2008 (CLP) and the Ordinance under art. 5, al. 2 of the law on protection from the harmful effects of chemical substances and mixtures;

(b)) do not contain priority hazardous substances established pursuant to the law on water;

2. giving priority to the most efficient application techniques, such as use of the equipment for the application of plant protection products on the market with limited usage of the Jet, in particular for crops such as hops, orchards and vineyards;

3. reduce the risks of contamination by plant protection products outside the area of application due to their usage of the Jet, when spraying horizontal or expiration, including the establishment of:

a) untreated surface water to buffer zones in order to protect non-target aquatic organisms – buffer zones are determined individually for each plant protection product in the course of its evaluation and authorisation for placing on the market and use, and shall appear on the label of the product;

b) prohibitions and restrictions for use and storage of plant protection products in the sanitary-protection zones for surface and underground waters, which are used for domestic water supply, and/or mineral waters used for therapeutic, prophylactic, drinking water and hygiene needs;

4. reducing or terminating the application of plant protection products on the market on or along roads, railway lines, very permeable surfaces or other infrastructure close to surface water or groundwater, or on impermeable surfaces, in which there is a high risk of run-off into surface water or sewage systems.

Art. 126. (1) in order to achieve a sustainable use of pesticides:

1. Ministry of agriculture and food:


a) establishes priority sites, such as active substances, agricultural crops, regions or practices that require particular attention, or good practices;

b) promotes the development and introduction of integrated pest management and of alternative approaches or techniques;

2. The Bulgarian Agency for food safety:

a) calculates the risk indicators, using statistics on plant protection products and other relevant data;

(b)) establishes trends in the use of certain active substances.

(2) the Bulgarian food safety agency reported to the European Commission and the competent authorities of the other Member States the results of the checks carried out under para. 1 activities and publish information about them on its website.

(3) to ensure that the activities referred to in para. 1.2 Ministry of health, Ministry of agriculture and food and the Executive Environment Agency within their competences provide BABH data available upon request. Where appropriate, such data may be requested by other State bodies.

Chapter six

ADJUVANTS

Art. 127. (1) the Adjuvants are placed on the market and be used under the conditions of art. 58 of Regulation (EC) No 1107/2009 after entry in the register under art. 6, al. 1, item 15.

(2) Adûvantite:

1. classified in accordance with Regulation (EC) no 1272/2008 (CLP);

2. packaged in accordance with Regulation (EC) No 1107/2009 and Regulation (EC) no 1272/2008 (CLP);

3. labelled in accordance with Regulation (EC) No 1107/2009 and Regulation (EC) no 1272/2008 (CLP).

(3) Adûvantite are placed on the market of packaging with the manufacturer's label on the Bulgarian language. The closing of the packaging must contain a filling or other sealing device so that when you open the integrity of the seal or sealing device to be broken irreparably.

Art. 128. (1) for entry in the register under art. 6, al. 1, item 15 persons submitted to the TSU on the notification form BABH that apply:

1. a model of the label, with which the adûvant″t will be placed on the market, drawn up in accordance with the requirements of Regulation (EC) no 1272/2008 (CLP);

2. the safety data sheet of the adjuvant, drawn up in accordance with art. 31 of Regulation (EC) No 1907/2006 (REACH).

(2) within 7 days of submission of the notification referred to in para. 1 BABH Executive Director issued an order for entry in the register under art. 6, al. 1, item 15, which is reported under the administrative code.

(3) the entry under para. 2 unlimited and no fees are due.

(4) upon failure within the period under paragraph 1. 2 there is a tacit agreement and shall apply accordingly to art. 28 and 29 of the law on limitation of administrative regulation and administrative control over the economic activity. The person referred to in paragraph 1. 1 has the right to place on the market the adjuvant, after prior written informed the TSU of BABH and Executive Director of BABH does not respond with denial within 7 days of receipt of the notification.

(5) in the case of tacit consent entry in the register shall be made within 14 days of notification under paragraph 1. 4.

(6) where a plant protection product is authorised for placing on the market and use of adjuvant, Executive Director of BABH officially entered adjuvant in the register under art. 6, al. 1, item 15.

Art. 129. the Executive Director of BABH by order deleted an entry in the register under art. 6, al. 1, item 15 within 14 days from the filing of the written request of the person who places on the market adjuvant.

Chapter seven

FERTILISERS, SOIL IMPROVERS, BIOLOGICALLY ACTIVE SUBSTANCES AND NUTRITIONAL SUBSTRATES

Art. 130. (1) fertilizers, soil improvers, biologically active substances and nutritional substrates are placed on the market and used after registration and issue of a certificate for the placing on the market and use.

(2) Fertilizers, soil improvers, biologically active substances and food substrates are recorded when they are efficient and have no adverse effect on humans, animals or the environment under the conditions prescribed by the manufacturer for use.

Art. 131. The registration under art. 130, para. 1 is not subject to any products that are:

1. manure within the meaning of art. 3 article 20 of Regulation (EC) no 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (animal by-products regulation) (OJ L 300/1 of 14 November 2009);

2. fertilisers, soil improvers, biologically active substances and nutritional substrates intended for use only on potted plants;

3. inorganic fertilizers which comply with the requirements of Regulation (EC) No 2003/2003 and are marked with the marking "EC fertiliser".

Art. 132. (1) The Executive Director of the Committee of experts is hereby established BABH on fertilisers, soil improvers, biologically active substances and nutritional substrates, hereinafter referred to as the "Expert Commission", which is a standing advisory body on matters relating to fertilizers, soil improvers, biologically active substances and food substrates.

(2) the Executive Director shall approve the rules for BABH organization and activities of the Commission.

(3) the composition of the Expert Committee shall be determined by order of the Minister of agriculture and food, and includes representatives of the Ministry of agriculture and food, the Ministry of health, Ministry of environment and water and the Bulgarian Agency for food safety.

(4) the Expert Committee makes proposals to the Executive Director of BABH for:

1. registration of fertilizers, soil improvers, biologically active substances and nutritional substrates that are not placed on the market in a Member State, or refusal;

2. change in the registration of fertilizers, soil improvers, biologically active substances and nutritional substrates, or refusal;

3. cancellation of registration of fertilisers, soil improvers, biologically active substances and food substrates.

Art. 133. (1) for the registration of fertilizers, soil improvers, biologically active substances and nutritional substrates and obtain a certificate for the placing on the market and use those submitted in TSU of BABH sample application that apply:

1. Administrative and technical dossier of the product;

2. a document of fee paid under the tariff referred to in art. 5, al. 1.

(2) the registration under paragraph 1. 1 shall be carried out under the conditions and in accordance with procedures laid down in the Decree of the Minister of agriculture and food.

(3) where fertilisers, soil improvers, biologically active substances and nutritional substrates are placed on the market in a Member State, the application shall be accompanied by certified copies of the documents on the basis of which the product is marketed in the Member State, or other proof that the product was placed on the market. The documents are recognised in accordance with the provisions of Regulation (EC) no 764/2008 of the European Parliament and of the Council of 9 July 2008 laying down procedures relating to the application of certain national technical rules to products lawfully marketed in other Member States and repealing Decision No 3052/95/EC (OJ L 213/21 of 13 August 2008).

Art. 134. (1) within three months from the filing of the application under art. 133, para. 1, the Executive Director of the registered order BABH fertilizer, soil conditioner, biological active substance or nutrient substrate and shall issue a certificate for the placing on the market and use a pattern or a reasoned refused registration where the product does not meet any of the requirements under art. 130, para. 2. (2) the operation of the registration and the certificate referred to in para. 1 is unlimited.

(3) the refusal under para. 1 shall be notified and may be appealed pursuant to the administrative code.

(4) within the time limit referred to in paragraph Neproiznasâneto. 1 is not considered to be tacit consent.

(5) the issued certificate under para. 1 shall be entered in the register under art. 6, al. 1, item 14.

(6) When the requested for registration of fertilizer, soil conditioner, biological active substance or nutrient substrate is placed on the market in a Member State, the order and the certificate referred to in para. 1 shall be issued within 30 days of receipt of the application under art. 133, para. 1. Art. 135. (1) within 7 days of the occurrence of a change in circumstances relating to registration and certificate issued under art. 133, para. 1, the holder shall submit the TSU of BABH sample application, you apply documents certifying the change, and document fee paid under the tariff referred to in art. 5, al. 1.

(2) the change is carried out under conditions and by an order determined by the Ordinance under art. 133, para. 2. (3) within one month from the filing of the application referred to in paragraph 1. 1, the Executive Director of the change order BABH registration and reissued the placing on the market and use the change or a reasoned when, after refusing its product does not meet any of the requirements under art. 130, para. 2. (4) the refusal under para. 3 has been reported and may be appealed pursuant to the administrative code.

(5) a certificate under subsection Preizdadenoto. 3 shall be entered in the register under art. 6, al. 1, item 14.

(6) where the change is not related to the composition, manner of operation or use of fertiliser, soil podobritelâ, biologically active substance, or the food substrate, the order and the certificate referred to in para. 3 shall be issued within 7 days of receipt of the application referred to in paragraph 1. 1.

Art. 136. (1) the Registration of fertilizer, soil conditioner, biological active substance or nutrient substrate shall be deleted and the placing on the market and use of art. 133, para. 1 be annulled:

1. at the written request of the holder of the certificate;

2. on the proposal of the Expert Committee, when the fertiliser, podobritelât soil, biological active substance or nutritional substrate: a) no longer fulfils the conditions under which it is registered;

(b)) is registered on the basis of data that are false;


in) is not effective or have adverse effects on humans, animals or the environment.

(2) within 14 days of receipt of the written request or on the proposal of the Expert Committee, the Executive Director of BABH by order deleted the registration and invalidates the certificate. In the order, a period shall be fixed for spending the available quantities of the fertilizer, soil conditioner, biological active substance or nutrient substrate.

(3) the order under paragraph 1. 2 are reported and may be appealed pursuant to the administrative code.

(4) Cancellation of the registration, the cancellation of the certificate, respectively, shall be entered in the register under art. 6, al. 1, item 14.

Art. 137. (1) the control of fertilisers, soil improvers, biologically active substances and food substrates shall be carried out under conditions and by an order determined by the Ordinance under art. 133, para. 2. (2) control of EC fertilisers shall be carried out in accordance with Regulation (EC) No 2003/2003, subject to the requirements of chapter III of Regulation (EC) no 765/2008.

(3) in carrying out the checks at al. 1 and 2 control samples are taken in the order determined by the Ordinance under art. 133, para. 2, respectively, in accordance with Regulation (EC) No 2003/2003.

(4) control samples taken in carrying out the examination under paragraph 1. 1 are examined at the central laboratory for chemical tests and BABH control and/or accredited laboratories in accordance with Regulation (EC) no 765/2008.

(5) control samples taken in carrying out the examination under paragraph 1. 2 are examined in laboratories under para. 4, which they have been notified by the procedure of art. 30 of Council Regulation (EC) No 2003/2003.

(6) when a consignment of fertilisers, soil improvers, biologically active substances growing substrates or EC fertilisers, no certificate of laboratory analysis or a discrepancy is found under art. 139, para. 1, the cost of laboratory tests of the control samples taken in carrying out the examination under paragraph 1. 1 and 2 shall be chargeable to the holder of the certificate for the placing on the market and use of fertiliser, soil podobritelâ, biologically active substance, or the food substrate, respectively, of the person who places on the market EC fertiliser.

(7) the laboratories wishing to be approved and notified by the procedure of art. 30 of Council Regulation (EC) No 2003/2003, submitted to the TSU of BABH application accompanied by a copy of the certificate of accreditation, in whose scope included examination of compliance of EC fertilisers on the requirements and methods referred to in Regulation (EC) No 2003/2003. Bulgarian food safety agency shall notify to the Commission the list of approved laboratories on the territory of the Republic of Bulgaria.

Art. 138. (1) upon detection of non-compliance with regulatory requirements on inspection under art. 137, para. 1 or 2 plant protection inspectors give prescriptions and can: 1. placed under a certain amount of foreclosure or batch by fertilisers, soil improvers, biologically active substances or food substrates or seized quantities of them;

2. take all other measures necessary for the implementation of their powers.

(2) the measures referred to in paragraph 1. 1 apply to the disposition, which can be appealed to the Director of the respective ODBH pursuant to the administrative code.

(3) the order under paragraph 1. 2 may be appealed against through the courts only if it is contested by administrative order.

Art. 139. (1) where non-conformity of fertilizer, soil conditioner, biological active substance or nutrient substrate EC fertilizer with their performance or their other characteristics, or the discovery of a discrepancy in the package or on the label of the product, or when his term expired, the Executive Director of BABH by order may apply one or more of the following measures : 1. immediate cessation of the trade in and use of fertiliser, soil podobritelâ, biologically active substance, food substrate or EC fertiliser and withdrawn from the market;

2. the re-labeling or processing by the manufacturer to achieve the stated objectives;

3. exports of fertiliser, soil podobritelâ, biologically active substance or nutrient substrate;

4. disposal in accordance with the law on waste management, when the fertiliser, soil podobritelât, biologically active substance or nutritional substrate constitutes a danger to the health of humans, animals or the environment.

(2) the measures referred to in paragraph 1. 1 may be applied only in respect of certain quantities, or particular batches of the product.

(3) the order under paragraph 1. 1 shall be notified and may be appealed pursuant to the administrative code.

(4) the cost of implementing the measures referred to in paragraph 1. 1 shall be borne by the holder of the certificate for the placing on the market and use of fertiliser, soil podobritelâ, biologically active substance, or the food substrate, respectively, of the person who places on the market EC fertiliser.

(5) within 7 days of the implementation of the measures referred to in paragraph 1. 1 liable person shall submit to the TSU on documentary evidence of BABH implementation.

(6) in the event of failure to comply with the measure referred to in paragraph 1. 1, 2 or 3 the manure, soil, podobritelât biologically active substance, substratum, or EC fertiliser is subject to disposal in accordance with the law on waste management.

Art. 140. (1) ammonium nitrate fertilisers of high nitrogen content placed on the market subject to the restrictions referred to in paragraph 58 of annex XVII to Regulation (EC) No 1907/2006 (REACH).

(2) the ammonium nitrate fertilisers of high nitrogen content shall be offered to the end user just packed.

(3) each batch of ammonium nitrate fertilisers of high nitrogen content shall be accompanied by the certificate of resistance to detonation, issued up to three months before putting them on the market. Person who places on the market, presents the TSU of BABH test results at least 5 days before placing them on the market or at least 5 days before the date of arrival of the consignment at the border of the Republic of Bulgaria – upon importation.

(4) in order to ensure a high degree of traceability to the placing on the market of ammonium nitrate fertilisers of high nitrogen content producer is obliged to keep and store records of the names and addresses of objects in which are manufactured fertilizers and their basic components. The documentation is presented at the request of the inspectors on plant protection throughout the period of marketing of ammonium nitrate fertilisers of high nitrogen content and for a period of two years after the cessation of their supply.

Art. 141. (1) Fertilizers, soil improvers, biologically active substances and food substrates labelled in Bulgarian language under conditions and by an order determined by the Ordinance under art. 133, para. 2.

(2) Fertilizers, soil improvers, biologically active substances and food substrates, including EC fertilisers, stored and transported in accordance with the requirements for fire safety and explosive in a way that excludes damage the health of humans, animals and the environment.

(3) Inorganic fertilizers are stored in storage facilities, which meet the requirements of art. 655 of the Ordinance under art. 169, para. 4 of the law on spatial planning.

Art. 142. (1) the holders of certificates for placing on the market and use of fertilisers, soil improvers, biologically active substances or food substrates are required to inform BABH for emergence of new data for action related to their efficacy and safety for humans, animals or the environment.

(2) manufacturers, importers and persons who place on the market, fertilisers, soil improvers, biologically active substances and nutritional substrates, including EC fertilisers shall keep and store records of their origin for the entire duration of their supply and two years after that.

(3) farmers are required to keep records of the quantities and types of fertilisers, soil improvers, biologically active substances and food substrates.

Art. 143. It shall be prohibited:

1. the importation, introduction, placing on the market, use and storage for the purpose of placing on the market or use of unregistered fertilizers, soil improvers, biologically active substances or nutritional substrates;

2. placement of the marking "EC fertiliser" on a product that does not comply with the requirements of Regulation (EC) No 2003/2003;

3. the advertising of fertilisers, soil improvers, biologically active substances and nutritional substrates which do not comply with the requirements of this law and its implementing acts.

Chapter eight

ADMINISTRATIVE PENAL PROVISIONS

Art. 144. (1) Who contravenes the prohibition under art. 10, para. 2 or fails to comply with the notification obligation under art. 112, is punishable by a fine from 1500 to 2400 EUR

(2) when the offence under para. 1 is committed by a legal person or sole proprietor, a penalty payment of up to 2400 $ 3600.

Art. 145. (1) who violates the prohibition under art. 12, al. 3 or provides consulting services for the integrated management of pests, without being entered in the register under art. 6, al. 1, item 9, shall be punished with a fine of 400 to 800 EUR

(2) where the offences under para. 1 have been committed by a legal person or sole proprietor, a penalty payment of EUR 800 to 1600.

Art. 146. (1) which, when announced, kalamitet or epifitotiâ not apply control measures against the harmful organism concerned is punishable by a fine of 500 to 1000 EUR

(2) when the offence under para. 1 is committed by a legal person or sole proprietor, a penalty payment of EUR 800 to 1800.

Art. 147. (1) who does not assist the Inspector on plant protection in the exercise of his powers under art. 7, para. 2 or do not ensure access under art. 7, para. 3, is punishable by a fine of 500 to 1000 EUR

(2) when the offence under para. 1 is committed by a legal person or sole proprietor, a penalty payment of EUR 800 to 1500.

Art. 148. (1) Who fails to comply with the requirement under art. 19, para. 2 or 3 shall be punishable by a fine of 500 to 800 EUR


(2) when the offence under para. 1 is committed by a legal person or sole proprietor, a penalty payment of 2000 to 2500 EUR

Art. 149. (1) who imports, produces, processes and/or cultivated plants and plant products, which can carry and spread the organisms, without being registered under art. 22, para. 1 or fails to comply with a measure under art. 30, para. 1, is punishable by a fine of 800 to 1500 EUR

(2) when the offence under para. 1 is committed by a legal person or sole proprietor, a penalty payment in the amount of 1500 to 2000 BGN.

Art. 150. (1) Who contravenes the prohibition under art. 17 or not execute measures under art. 20, para. 1, is punishable by a fine of 1000 to 3000 BGN, if the Act does not constitute a crime.

(2) Who fails to comply with a measure under art. 28, para. 1, item 1 or measures implemented by the procedure of art. 30, para. 2 and 3 is punishable with a fine of 1000 to 3000 BGN, if the Act does not constitute a crime.

(3) where the offences under para. 1 or 2 were committed by a legal person or sole proprietor, a penalty payment of 2000 to 5000 EUR

Art. 151. (1) carrying out research and selection of quarantine harmful organisms, plants, plant products and other objects without authorization under art. 18 is punishable with a fine of 1000 to 2000 BGN.

(2) when the offence under para. 1 is committed by a legal person or sole proprietor, a penalty payment of 2000 to 3000 BGN.

Art. 152. (1) which, in case of suspicion or detection of infection of a quarantine pest, notifies the ODBH is punishable by a fine of 200 to 500 EUR

(2) when the offence under para. 1 is committed by a legal person or sole proprietor, a penalty payment of EUR 800 to 1800.

Art. 153. (1) Who fails to comply with an obligation under art. 35, does not fulfil the obligation of notification according to art. 61, para. 6 or measure under art. 33, para. 2, is punishable by a fine from 1500 to 2500 EUR

(2) where the offences under para. 1 have been committed by a legal person or sole proprietor, a penalty payment of 2000 to 4000 EUR

Art. 154. (1) Who fails to comply with an obligation under art. 49, para. 1-5, is punishable by a fine of 1000 to 2000 BGN.

(2) where the offences under para. 1 have been committed by a legal person or sole proprietor, a penalty payment of 1500 to 3000 BGN.

Art. 155. (1) Who contravenes the prohibition under art. 52, art. 101, item 1 or 2, art. 107, item 1 or fails to comply with a condition or obligation under art. 48, is punishable by a fine of 1000 to 3000 BGN, if the Act does not constitute a crime.

(2) where the offences under para. 1 have been committed by a legal person or sole proprietor, a penalty payment of 2000 to 5000 EUR

Art. 156. (1) Where, at the time of research and/or development activities, use a plant protection product without authorization under art. 64, para. 1, is punishable by a fine of 400 to 800 EUR

(2) when the offence under para. 1 is committed by a legal person or sole proprietor, a penalty payment of EUR 800 to 1800.

Art. 157. (1) carrying out biological testing of plant protection products by professional category of use, without holding a certificate referred to in art. 83, or of unauthorised plant protection products for which no certificate of import or introduction of art. 78, para. 1, or in violation of the Ordinance under art. 70, para. 4, is punishable by a fine of 1000 to 2000 BGN.

(2) where the offences under para. 1 have been committed by a legal person or sole proprietor, a penalty payment of 2000 to 5000 EUR

Art. 158. (1) Where, in the exercise of activities under this law, contaminates the environment, is punishable by a fine from 2000 to 5000 EUR

(2) where the offences under para. 1 lead to a risk to human or animal health shall be imposed a fine of 3000 to 6000 EUR, if the Act does not constitute a crime.

(3) where the offences under para. 1 have been committed by a legal person or sole proprietor, having a proprietary sanction from 3000 to 10 000 BGN.

(4) where the offences under para. 2 were committed by a legal person or sole proprietor, a penalty payment of 5000 to 15 000 LV.

Art. 159. (1) Who fails to comply with the requirement under art. 44, para. 2, fails to fulfill the obligation under art. 55, para. 5, packaged or labelled plant protection products or adjuvants in violation of the requirements of art. 79, para. 1, item 2 or al. 2, respectively, of art. 127, Pará. 2, item 2 or 3 or al. 3, is punishable by a fine from 1000 to 2400 EUR

(2) where the offences under para. 1 have been committed by a legal person or sole proprietor, a penalty payment of 1900 to 3600 EUR

Art. 160. (1) who trades or repacking of plant protection products on the market without certified under art. 91, para. 1, respectively, under art. 96, para. 4, or perform specialized plant protection services without notifying the ODBH is punishable by a fine of 1000 to 3000 BGN.

(2) where the offences under para. 1 have been committed by a legal person or sole proprietor, a penalty payment of 2000 to 5000 EUR

Art. 161. (1) Who contravenes the requirements of the Ordinance under art. 47, does not fulfil the obligation under art. 63 or 98, does not fulfil the obligation of notification according to art. 95, para. 1 or does not provide the information as per art. 92, para. 2, is punishable by a fine of 500 to 2500 EUR

(2) where the offences under para. 1 have been committed by a legal person or sole proprietor, a penalty payment of 1000 to 4000 EUR

Art. 162. (1) that sold plant protection products by professional category of use to persons without a certificate under art. 83, places on the market or traded plant protection product in the form of a ready solution without authorization under art. 65, para. 1 or placed on the market, offers for sale or seed treated with unauthorised plant protection products, in violation of art. 49 (1) of Regulation (EC) No 1107/2009, is punishable by a fine of 500 to 2500 EUR

(2) where the offences under para. 1 have been committed by a legal person or sole proprietor, a penalty payment of 1000 to 4000 EUR

Art. 163. (1) Who contravenes the requirements of the Ordinance under art. 104, para. 1, item 3, uses of plant protection products by professional category of use, without holding a certificate referred to in art. 83, does not fulfil the obligation under art. 49, para. 6 or does not submit the information referred to in art. 56 of Regulation (EC) No 1107/2009, is punishable by a fine of 400 to 1400 EUR

(2) where the offences under para. 1 have been committed by a legal person or sole proprietor, a penalty payment of 800 up to 2600 EUR

Art. 164. (1) that advertises a plant protection product in violation of art. 81 or violated the prohibition under art. 82, is punishable by a fine of 500 to 1000 EUR

(2) where the offences under para. 1 have been committed by a legal person or sole proprietor, a penalty payment of 1000 to 2500 EUR

Art. 165. (1) Who contravenes the prohibition under art. 101, item 3 – 9, art. 107, item 2-6 or art. 108, para. 1, is punishable by a fine from 1500 to 3800 EUR

(2) where the offences under para. 1 have been committed by a legal person or sole proprietor, a penalty payment of up to 3600 EUR 6000.

Art. 166. (1) which it places on the market unfit for use fertilizers, soil improvers, biologically active substances and nutritional substrates or ones that are not in accordance with the accompanying documentation and/or label them or violates requirements of the Ordinance under art. 133, para. 2, is punishable by a fine from 1000 to 2400 EUR

(2) Who fails to comply with obligations under art. 141 or under art. 142, para. 2, violated the prohibition under art. 143, paragraph 1 or 2 or disrupt the provision of art. 7 – 13 of Regulation (EC) No 2003/2003, shall be punished with fine from 1000 to 2400 EUR

(3) where the offences under para. 1 or 2 were committed by a legal person or sole proprietor, a penalty payment of 1900 to 3600 EUR

Art. 167. (1) Who fails to comply with an obligation under art. 140, para. 2, 3 or 4 or obligation under art. 26 (3), art. 27 or 28 of Regulation (EC) No 2003/2003, shall be punished with fine from 1500 to 4000 EUR

(2) where the offences under para. 1 have been committed by a legal person or sole proprietor, a penalty from 3000 to 8000 EUR

Art. 168. (1) Who fails to comply with an obligation under art. 140, para. 1 or under art. 142, para. 1 or 3 shall be liable to a fine of 300 to 900 EUR

(2) where the offences under para. 1 have been committed by a legal person or sole proprietor, a penalty payment of 600 to 1800 EUR

Art. 169. (1) who violates the prohibition under art. 143, paragraph 3, is punishable by a fine of 300 to 600 BGN.

(2) when the offence under para. 1 is committed by a legal person or sole proprietor, a penalty payment of 1200 to 2800 EUR

Art. 170. An official who is guilty not fulfil an obligation under art. 34, art. 36, para. 2 or art. 121, para. 1, is punishable by a fine of 150 to 300 EUR

Art. 171. (1) a and/or does not comply with the requirement under this law, issued in connection with the performance of their duties in their capacity as officials is punishable by a fine of 150 to 300 EUR, if the Act does not constitute a crime.

(2) when the offence under para. 1 is committed by a legal person or sole proprietor, a penalty payment of 200 to 400 EUR

Art. 172. Which impedes the implementation of duties of officials under this Act, is punishable by a fine of 600 to 1200 EUR, if the Act does not constitute a crime.

Art. 173. (1) Whoever violates the provisions of this law, except in the cases under art. 144-172, is punishable by a fine of 50 to 500 EUR

(2) where the offences under para. 1 have been committed by a legal person or sole proprietor, a penalty payment of 200 to 1000 EUR

Art. 174. (1) in the identification of violations of the inspectors keep BABH physical evidence related to the establishment of the offences under art. 41 of the law for the administrative offences and sanctions.

(2) the evidence Seized shall be subject to forfeiture to the State with a criminal ruling by the procedure of art. 20 and 21 of the law on administrative offences and penalties.


(3) the withdrawal of the benefit of the articles that are unfit for use and/or are prohibited, shall be destroyed or disposed of by the expense of ODBH offenders according to the law on waste management and the Ordinances under art. 16, al. 3.

(4) the Property or any part of them, taken away in favor of the State may be provided free of charge by the Executive Director of BABH public authorities and local self-government, educational institutions with academic purpose or to organizations with a social purpose.

(5) objects seized and detained by the acts establishing the administrative violations or protocols are stored pending completion of administrative procedure with an act of the competent authority.

(6) control samples be stored pending completion of administrative proceedings on the relevant line and then returned, destroyed respectively.

Art. 175. (1) the acts for the establishment of offences under this law shall be drawn up by inspectors on plant health and penal provisions or reasoned resolutions to end the administrativnonakazatelnite proceedings shall be issued by the directors of the respective ODBH.

(2) the establishment of violations, the issue, the appeal and the implementation of the penal provisions shall be carried out in accordance with the law for the administrative offences and sanctions.

ADDITIONAL PROVISIONS

§ 1. Within the meaning of this law:

1. "Adjuvants are substances or preparations referred to in art. 2, paragraph 3, point (d) of Regulation (EC) 1107/2009.

2. "active substances" means substances or micro-organisms under art. 2 (2) of Regulation (EC) 1107/2009.

3. "ammonium nitrate fertilisers of high nitrogen content" are straight or compound ammonium nitrate-based fertilisers containing more than 28 per cent by mass of nitrogen in relation to ammonium nitrate.

4. ' Antidotes ' are substances or preparations referred to in art. 2, paragraph 3, subparagraph (a) of Regulation (EC) 1107/2009.

5. "biological agent" is a biological entity capable of replicating itself, which is used to combat harmful organisms.

6. "biologically active substances" means substances or mixtures other than nutritional substances and plant protection products applied on plants, seeds, soil or growing substrates, modifying physiological processes in plants in a way that creates conditions for improving the growth, development, yield, quality or resistance to abiotic stressors.

7. "type of formulation" is the form and nature of the plant protection product or adjuvant, indicated in accordance with the technical monograph No 2 – the international group GIFAP national associations of manufacturers of pesticides.

8. "Pest" means any plant or animal species, strain or biotype, or pathogenic agent injurious to plants and/or plant products.

9. "Introduction" is an intra-Community supply of plant protection product by another Member State in the territory of the Republic of Bulgaria.

10. "Foreclosure" is a complex of provisional restrictive measures, including suspension from sale and use imposed on products or goods which do not comply with the requirements of this Act and/or its implementing acts.

11. "Air spray" is the application of plant protection products by aircraft-plane or helicopter.

12. "phytosanitary border inspection posts are separate places in the area of border crossings for plant-health control.

13. "gross violations" are violations of the requirements of this Act or of the instruments for its implementation, led to an immediate danger to the health of humans, animals, plants, environmental pollution or significant economic losses.

14. "distributor" is a person who offers plant protection products on the market within the framework of his professional activity.

15. "good health status of plants and plant products" is a condition in which it is established that the pests are below the threshold of economic harm.

16. "Other objects" are areas, facilities, buildings, vehicles, containers or packaging, in which have been or are available plants and plant products; machinery and equipment, soil and growing media, and other objects or material capable of containing or spreading pests, deemed to be justified the imposition of phytosanitary measures.

17. "Member State" means a Member State of the European Union.

18. "EC fertilizer" is Thor, which complies with the requirements of Regulation (EC) No 2003/2003 and is included in annex I to that regulation.

19. "Epifitotiâ" is a mass outbreak of disease associated with a surge in the frequency of illness and inflicting substantial damage on plants.

20. "farmer" means a natural or legal person entered in the register of zemedeskite producers under art. 7, para. 1 of the law on support for farmers, which produced in the territory of the plants and plant products intended for sale.

21. "economically important pests" are diseases, pests and weeds, that occur each year, causing significant losses of agricultural production and affect the safety and quality of plants and plant products.

22. "integrated production" is a system for the production of plants and plant products through the application of specific principles of integrated pest management.

23. "integrated pest management" is a careful study of all available methods of plant protection and subsequent integration of appropriate measures to restrict the development of populations of harmful organisms to maintain economic and ecologically justified levels of use of plant protection products and other forms of intervention and reduce or minimise risks to human health and the environment. Integrated pest management is geared towards the production of healthy crops with as small as possible violations of agri-environmental systems and encourages natural pest control mechanisms.

24. "Kalamitet" is a mass outbreak of enemy relevant to the application of the significant damage on plants.

25. "quarantine" is a complex of provisional restrictive measures imposed on plants, plant products and other objects or activities.

26. "Quarantine pest" means pest that has potential significance for the economy of the threatened area and that has not yet been established in this area or is already in it, but it is not widespread and is subject to official control.

27. "category of use" is the determination of the plant protection product to a group in order to limit its use to a particular category of consumers.

28. "consultant" means a person who has acquired the relevant knowledge and provide advice on the management of pests and the safe use of plant protection products in the framework of his professional activity, or as a commercial service.

29. "control sample" means a quantity of plants, plant products, plant protection products, fertilisers, soil improvers, biologically active substances or food of substrate in the laboratory examination gives an objective and complete assessment of the conformity of the whole quantity/batch of them with statutory requirements for them.

30. "co-Formulants ' are substances or preparations referred to in art. 2, paragraph 3 (c) of Regulation (EC) 1107/2009.

31. the "local market" is an area within the meaning of the law on administrative-territorial unit of the Republic of Bulgaria, which produced plants and plant products and are offered for sale.

32. "unauthorized use" means use of a plant protection product authorised outside the specified in the authorisation for placing on the market and use.

33. "equipment for the application of plant protection products on the market" means an apparatus specifically designed for the application of plant protection products, including accessories, which are essential for the effective operation of this equipment, such as nozzles, manometers, filters, sieves and cleaning of tanks.

34. "Danger to plants and plant products" is kalamitet or epifitotiâ, or penetration, diffusion and/or mass if the organisms harmful to plants and plant products, or the threat of penetration, diffusion and/or mass if the pests leading to significant economic losses.

35. "original packaging" is packaging to the manufacturer of the plant protection product with a label and a batch number that is approved in the authorisation process for the placing on the market and use of plant protection products by type and capacity of the container, and the type and characteristics of the material from which it is made.

36. "a consignment of plants, plant products and other objects are a certain number of units of one type of identifying by the homogeneity of composition and origin, forming part of the consignment.

37. "Pesticide" is plant protection product.

38. "Re" is the infringement committed within one year of the entry into force of the Decree, which was imposed a penalty for the same offence.

39. "risk indicator" is the result of the calculation method used for the assessment of risks from pesticides to human health and/or the environment.

40. "soil improvers" mean materials that are added to the soil, whose main function is to improve the physical and/or chemical properties and/or the biological activity of the soil.

41. "a threshold of economic harm" is from the population density of the harmful organism, in which losses from mined exceed double costs necessary for carrying out of chemical control.

42. ' consignment ' means a quantity of goods being covered by a single document required in accordance with customs requirements, such as a single phytosanitary certificate or a measure. The consignment may consist of one or more lots.

43. ' plant protection products ' means products under art. 2 (1) of Regulation (EC) 1107/2009.


44. "professional user" is a person who uses plant protection products in the framework of his professional activity.

45. the "Authorized plant protection product" means any plant protection product that has been authorized for placing on the market and use.

46. "Permitted Use" is an application of the plant protection product on certain plants or plant products and against a certain pest under the conditions of use laid down in the authorisation for the placing on the market and use of the product.

47. "plant passport is the official label certifying that the provisions relating to plant health standards and special requirements are satisfied.

48. "plant products" are products of plant origin, including grains, unprocessed or having undergone simple processing, to the extent that no longer are plants.

49. ' Synergists ' means substances or preparations referred to in art. 2, paragraph 3, point (b) of Regulation (EC) 1107/2009.

50. "systematic violations" are two or more violations of the provisions of this law or its implementing acts for which the person subject to administrative penalties with the penal provisions in force in one year.

51. The composition of the plant protection product is qualitative and quantitative content of active substances, safeners, synergists and co-Formulants in the product.

52. "third country" means any State which is not a Member State of the European Union.

53. "marketing of plant protection products ' means all activities of purchase and sale, acquisition, delivery, storage and offering for sale of plant protection products. Imports, introduction in the territory of the country and exports are considered trade.

54. "plant-health control is any action taken and measures against transport and/or spread of quarantine pests on plants, plant products and other objects.

55. "phytosanitary certificate" is the official international document in accordance with the model attached to the International Plant Protection Convention (Rome, 1951), certifying the absence of quarantine pests in the shipment.

56. the "Fumigation" is a method of destroying the harmful organisms in confined spaces, using plant protection products in the gas phase.

57. "food substrates" are products that provide an enabling environment and nutrients for growth and development of plants.

§ 2. This law introduces the requirements of Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the community of organisms harmful to plants or plant products and against their spread within the community and directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve a sustainable use of pesticides (OJ L 309/71, of 24 November 2009).

§ 3. All registers, lists and newsletters under this law are public and published on the website of BABH subject to the data protection act.

TRANSITIONAL AND FINAL PROVISIONS

§ 4. This law repeals the law on plant protection (official SG. 91 of 1997; amend., no. 90 of 1999, 96/2001, no. 18 of 2004, no. 26, 30, 31 and 96 06, issue 13, 36 and 43 of 2008.82/2009 and no. 8 and 28 of 2011).

§ 5. Certificates issued on the basis of the revoked law for plant protection regulations apply, in so far as they do not contradict this law and to express their repeal.

§ 6. (1) certificates issued prior to the entry into force of law certificates, permits and other documents retained its action for the period for which they are issued.

(2) Initiated by the enactment of law proceedings for issuing the documents referred to in para. 1 completed the previous line with the exception of proceedings for the issue of authorisations for the placing on the market and use of plant protection products on the market, entered after 14 June 2011, to be completed in accordance with this law.

(3) Started before 14 June 2011 proceedings for the issue of a renewed permission for placing on the market and use of plant protection products shall be completed in accordance with this law shall at the written request of the applicant.

§ 7. The Ministry of environment and waters perform expert assessment of the ecotoxicological characteristics of active substances and plant protection products and of the existence and behaviour in the environment of the products, and the Ministry of health – the toxicological characteristics of active substances and products initiated before 14 June 2011 procedures and a change in the authorisation of plant protection products under art. 15 d 15 p of the revoked law for protection of plants.

§ 8. Notification under art. 49, para. 1 shall be submitted within 6 months from the entry into force of the law.

§ 9. Existing prior to the entry into force of the law the categorization of plant protection products shall be assimilated to the categorisation under art. 80, al. 1 and 2, as follows:

1. "first (Professional)" in the "first professional";

2. "second (limited) ' in the ' second professional";

3. "third (free)" at "unprofessional".

§ 10. In the Bulgarian Agency for food safety (edu., SG. 8 by 2011; amend., SG. 38 and 102 from 2012 and 2013 15) made the following changes and additions:

1. In chapter three are creating art. 11A:

"Art. 11. In the course of their duties the supervisory authorities to identify themselves with BABH card service, and staff working at border inspection posts, and wear uniforms. "

2. In art. 13:

a) in paragraph 2, the words "article. 6, item 3 "shall be replaced by" art. 20, para. 1 and art. 30, para. 1 ";

b) in item 3, after the word "plants" a comma and the words "and plant products in accordance with art. 6, item 3 "shall be replaced by ' plant products and other objects in the cases under art. 30, para. 1, item 4 and art. 71, para. 3. "

§ 11. In the law for registration and control of agricultural and forestry machinery (official SG. 79 from 1998; amend. and Suppl., 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 and St. 15 of 2013) make the following changes and additions:

1. In art. 10: a) in the Al. 1 the words "and international" and the words "for the safety of the technique by accredited laboratories" are deleted;

(b)) in the Al. 3, after the words "under para. 1 "and the text is placed to the end point is deleted.

2. In chapter III to create art. 10B and 10 c:

"Art. 10B. (1) the Equipment for the application of plant protection products within the meaning of the law on the protection of the plants, which use is subject to a compulsory check on the safety and health of people and the environment.

(2) the checks referred to in paragraph 1. 1 are periodic and are carried out by the technical inspection.

(3) the new equipment for the application of plant protection products on the market subject to verification within 5 years after the purchase.

Art. 10. (1) the procedure for carrying out periodic inspections of the equipment for the application of plant protection products on the market, the system of certification and control of checks on equipment and the recognition of certificates issued by other Member States of the European Union shall be laid down in the Decree of the Minister of agriculture and food.

(2) For the inspection of equipment under art. 10 (b), para. 1 fee according to the tariff established by the Council of Ministers. "

3. In art. 22 (b):

(a)) in the Al. 1 creating a t. 6:

6. "which does not pass inspection under art. 10 (b). ";

(b)) in the Al. 2, after the words "art. 16 "insert" and the inspection under art. 10 (b) ".

4. transitional and final provisions § 3A is created:

"§ 3A. (1) the frequency of inspections of equipment under art. 10 (b), para. 1 is:

1. a check to 26 November 2016;

2. check every 5 years up to 2020;

3. check every three years after 2020.

(2) After 26 November 2016, only use equipment for application of plant protection products on the market, which has successfully undergone the examination referred to in art. 10 (b), para. 1. "

§ 12. In the law on beekeeping (official SG. 57 of 2003; amend., no. 87 of 2005, no. 30 of 2006, 51/2007, no. 36 and 43 of 2008., no. 26 of 2010 and no. 8 and 19 of the 2011) are made the following amendments and additions:

1. In art. 8:

(a)) in the Al. 5. in the second sentence the words "your name (name of company), address (Headquarters), pin (BULSTAT), number of bee families and" shall be deleted and add "in accordance with the Decree of the Minister of agriculture and food";

(b)) is hereby set up al. 7:

"(7) Bulgarian Food Safety Agency published on its website a list containing information about the location of the bee families in town councils and details of their owners."

2. In art. 19:

(a)) in the Al. 2 the words "para. 3 – 6 ' shall be replaced by "para. 3-7 ";

(b)) in the Al. 3:

AA) in the text before point 1, the words "relevant regional Directorate for Agriculture" are replaced by "the Regional Directorate for agriculture in which the Apiary";

BB) point 2 is replaced by the following: "2. the favourable opinion on registration for the type of activity, issued by the breeding organisation where membership of persons submitting the application;"

in) a new para. 4:

"(4) the positive opinion on the Al. 3, item 2 shall be issued when the following conditions are simultaneously fulfilled: 1. the presence of equipment and application of instrumental insemination of bee elite mothers or provided 10 km of insulation in their natural s″ešavane in tribal apiaries;

2. the presence of the 5-km for reproductive isolation apiaries;

3. the presence of a laboratory for the production of elite and/or tribal bee mothers;

4. razplodniât material meets the accepted values for the race in accordance with the accepted breeding program;

5. the observed is stated by the manufacturer and approved by the breeding technology organization for the type of activity;

6. compliance with the requirements for keeping records of zootechnical. ";

d) past al. 4 it al. 5;


(e)) the current al. 5 it al. 6 and in her words "para. 4 "shall be replaced by" para. 5 ";

Al is current). 6 it al. 7 and in her words "para. 4 and 5 "are replaced by" para. (5) and (6) ";

(g)) the current al. 7 it al. 8 and in it in the first sentence, the words "one year" are replaced by "the period of validity of the opinion referred to in paragraph 1. 3, item 2, and in the second sentence, the words "on the basis of a positive opinion on the Al. 3, item 2 and al. 4 "shall be replaced by the words" under the conditions and by the order of al. 3-7 ";

h) past al. 8 it al. 9 and in her words "para. 3 and 4 "shall be replaced by" para. (3) and (5) ";

and CFOs) Al. 9 it al. 10 and in it:

AA) in paragraph 1 the end there shall be added ", with a copy to the breeding organisation";

BB) point 4 is replaced by the following:

"4. in case the proposal by the President of the breeding organisation because of a change in the conditions on the basis of which it was issued the opinion referred to in paragraph 1. 3, item 2 ";

BB) point 5 shall be repealed;

k) the current al. 10 it al. 11 and in her words "para. 9 "shall be replaced by" para. 10. "

3. an art. 19A:

"Art. 19. (1) in the Ministry of agriculture and food is leading a public list of the persons, registered under art. 19, para. 7.

(2) in the list under para. 1 fit: 1. name of the natural person/name of legal person – trader and contact details;

2. the date of the latest registration in the district Directorate of agriculture;

3. type of activity – production.

(3) the County agriculture departments are required to indicate in the Ministry of agriculture and food, any change in the circumstances under para. 2, item 2 within one month of the occurrence. "

4. In art. 20, para. 1, paragraph 3, the words "health" are replaced by "move/transport of animals".

5. In art. 24 Finally, add "with the exception of the apiaries, registered under art. 19, para. 7. "

6. In art. 48:

a) paragraphs 1 and 2 shall be amended as:

(1) the acts establishing the offences under art. 32, 33, 42-46 shall be drawn up by the inspection authority or body of the Bulgarian Agency for food safety. Penal provisions shall be issued by the Executive Director of the Bulgarian food safety agency or authorised by officials.

(2) the acts establishing the offences under art. 37 and 38 shall be drawn up by the authorised by directors of regional directorates of agriculture officials, and penal provisions shall be issued by the directors of the regional departments agriculture. ";

(b)) a new para. 3:

"(3) the acts establishing the offences under art. 40 and 41 shall be made by authorized by the Executive Director of the Executive Agency for the selection and reproduction in animal husbandry officials and penal provisions shall be issued by the Director of the Executive Agency for the selection and reproduction in livestock. ";

in the past) Al. 3 it al. 4.

7. § 1 of the supplementary provision in paragraph 10, the word "professional" is deleted.

§ 13. In the law on Forests (official SG. 19 of 2011; amend., SG. 43 from 2011, issue 38, 60, 82, and 102 from 2012, issue 15, 27, 66 and 109 from 2013 and 28 and 53 from 2014) in art. 135 everywhere the word "preparations" shall be replaced by ' plant protection products '.

§ 14. Certificates issued under art. 26, al. 5 of Decree No. 104 of 2006 for control of the placing on the market and use of plant protection products on the market (SG 81/06) are deemed to be certificates under art. 83 for a period of 10 years from the validity date of issue.

§ 15. (1) Authorised for placing on the market and use of plant protection products shall be approved for implementation through aerial spraying under the conditions and by the order of the Ordinance under art. 45, para. 1 within three years of its entry into force.

(2) The approval under paragraph 1. 1 the authorised for placing on the market and use of plant protection products may be applied through aerial spraying, if their conditions of use do not include an explicit prohibition on implementation through aerial spraying.

§ 16. By 1 June 2015, in terms of classification, labelling and packaging of plant protection products and adûvantite shall also apply the Ordinance under art. 5, al. 2 of the law on protection from the harmful effects of chemical substances and mixtures.

§ 17. The implementation of the law is entrusted to the Minister of agriculture and food.

§ 18. (1) article 9, para. 3 shall enter into force within three months from the promulgation of the law in the Official Gazette.

(2) article 6 al. 1, item 1 (c), art. 54, item 2 and art. 65 shall apply from 1 January 2015.

(3) Article 101, item 6 shall enter into force on 26 November 2015.

(4) article 49, para. 6 shall take effect as from 1 January 2016.

Annex No 1 to art. 9, para. 3

General principles of integrated pest management

1. Prevention of vreditelii/or their limitation should be achieved or assisted mainly by:

a) rotation of crops;

b) appropriate cultivation (e.g. preliminary preparation of beds, razsadnite time and density of sowing, planting, optimal distance between cultures, protivoerozionni treatments, sanitary measures and harvest cuts);

c) using appropriate resistant/tolerant cultivars and standard/certified seed and propagating material;

(d) implementation of balanced fertilization), varuvane, practices for irrigation and drainage;

e) prevent the spread of harmful organisms through application of sanitary measures (for example, by regular cleaning of machinery and equipment);

is the protection and maintenance of) beneficial organisms (for example, through the application of appropriate plant health measures or through the use of ecological infrastructures inside or outside areas under cultivation).

2. Pests need to be monitored with appropriate methods and tools. Such methods should include scientifically sound warning systems, forecasting and early diagnosis, as well as the use of professional advice.

3. on the basis of the results of the monitoring the professional user should decide whether and when to apply plant protection measures. The determining factor in decision-making are the established thresholds of economic harm. Prior to treatment, if possible, should take into account the thresholds of economic harm, the specific areas, crops and weather conditions.

4. Sustainable biological, physical and other non-chemical methods must be preferred to chemical methods, providing a satisfactory level of pest control.

5. Applied plant protection products must be selective in terms of the goal and have minimal side effects on human health, beneficial organisms and the environment.

6. The professional user should restrict the use of plant protection products and other forms of intervention to the extent necessary, for example to use lower doses, reduced number of treatments or partial treatment (such as a band or ogniŝno), when it considers that the level of risk for culture is acceptable and does not increase the danger of building resistance in pests.

7. where there is a risk of creating resistance, but cultural preservation requires repeatedly applying plant protection products in order to preserve the effectiveness of the products, you need to apply the available strategies against the development of resistance. This may include the use of a number of the plant protection product with different mechanisms of action.

8. on the basis of data for the plant protection products and data for monitoring pest control professional user verifies the success measures for plant protection.

Annex 2 to the art. 85, para. 1

Training topics

1. the current legislation on plant protection products and their use.

2. existence and risks of illegal (counterfeit) plant protection products and methods for their detection.

3. The dangers and risks of plant protection products, as well as methods of their identification and control, and in particular: (a) the risks to humans and) factors that increase those risks;

b) poisoning symptoms in plant protection products and rules of first aid;

c) risks for non-target plants, beneficial insects, wildlife, biodiversity and the environment as a whole.

4. knowledge of the basic principles of integrated pest management, plant crops, organic farming, organic methods for pest control, information about the General and specific principles for certain crops.

5. Development and implementation of the comparative assessment to support professional users in choosing the most suitable plant protection product among all authorized for a particular pest that product must be with minimal side effects to human health, non-target organisms and the environment.

6. knowledge of measures necessary to reduce the risks for people, non-target organisms and the environment: safe working practices for storing, using and mixing plant protection products, as well as for disposal of the empty packaging, other contaminated materials and residues of plant protection products on the market (including mixtures of tanks); recommendations to operators for use of personal protective equipment.

7. risk-based approaches that take into account local variables on yield of water, such as climate, soil, crops and relief.

8. The exact observance of the procedures to prepare for the operation of the equipment for the application of plant protection products, including calibration, as well as for the operation in order to ensure minimal risks to the user, for others, for non-target organisms, on biological diversity and the environment.

9. Best practices concerning the protection of waters against pollution from point sources in the use of plant protection products.


10. Use of the equipment for the application of plant protection products and its maintenance in accordance with the requirements, the application of specific techniques for spraying (e.g. spraying with small volumes and nozzles for limited usage), as well as the objectives of the technical check of sprayers used and how to improve the quality of spraying. Knowledge of the specific risks associated with the use of equipment for manual application of plant protection products or dorsal sprayers, and appropriate risk management measures.

11. Perform necessary emergency action to protect human health, the environment, including water resources, in the case of accidental leakage and contamination by plant protection products under extreme climatic conditions.

12. Special requirements concerning the use of plant protection products on the territory of the national ecological network and other territories with special status, established in accordance with the legislation in force.

13. submission of information on all incidents relating to plant protection products or suspected ones, by all types of health institutions.

14. Collection and storage of data on any use of plant protection products in accordance with this law.

The law together with the annexes thereto was adopted by the 42nd National Assembly on 10 July 2014 and is stamped with the official seal of the National Assembly.

President of the National Assembly: Mihail Mikov

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