Law Amending The Law On The Black Sea Coast

Original Language Title: Закон за изменение и допълнение на Закона за устройството на Черноморското крайбрежие

Read the untranslated law here: http://parliament.bg/bg/laws/ID/14800/

Name of law
Law amending the Law on the Black Sea coast




Name Bill
Amendment of the Law on the Black Sea coast





Date of adoption
29/04/2014



Number / year Official Gazette
40/2014







DECREE № 117
Pursuant to Art. 98 pt. 4 of the Constitution of the Republic of Bulgaria
DECREE:
To be published in the "Official Gazette" Law on Amending and Supplementing the Law on the Black Sea coast, adopted by HLІI National Assembly on April 29, 2014
Released in Sofia on May 10, 2014
President of the Republic: Rosen Plevneliev
stamped with the state seal.
Minister of Justice: Zinaida Zlatanova

Law for amending the Law on the Black Sea coast (prom. SG. 48 of 2007 .; amend., SG. 36 and 67 2008 pcs. 19, 82 and 92 of 2009, pcs. 45 and 82 in 2012, pcs. 27, 28 and 66 of the 2013 Decision № 12 of the Constitutional Court from 2013 - No. . 105 of 2013)
§ 1. In art. 6 create par. 10 and 11:
"(10) The Minister of Regional Development said climate cadastral map and cadastral registers under Chapter Six of the Cadastre and Property Register after the adoption of the specialized maps of beaches.
(11) The Minister of Regional Development approves acts as exclusive state property on the basis of revised cadastral map and cadastral registers of beaches. "
§ 2. In art. 7 following amendments and additions:
1. In para. 1 after the words "Sea beaches" insert "or parts thereof" and the number "15" is replaced by "20".
2. In para. 5 after the words "Sea beaches" insert "or parts thereof". 3
. Paragraph 9 is repealed.
§ 3. In art. 8 new paragraph. 3:
"(3) The amount of concession payment, or the rental price is determined in each case, taking into account the specificities and characteristics of sea beach:
1. the degree of urbanization of surrounding areas adjoining tourist infrastructure and technical infrastructure, providing access to the sea beach and the location on the sea beach - near the national resorts, resorts, vacation, holiday and tourist villages, settlements, camping and holiday areas or non-urbanized areas;
2. natural-climatic and environmental characteristics, size and characteristics of the sea beach, the beach and the adjacent territorial sea. "
§ 4. In art. 8d para. 3 pt. 1 the words "two months" are replaced by "one month".
§ 5. In art. 8e par. 1 is amended as follows:
"(1) The decision of the Council of Ministers to open a procedure for granting a concession for a beach contains:
1. the subject and the object of the concession;
2. accessories - when these are included in the object of the concession; 3
. the maximum duration of the concession;
4. conditions for implementation of the concession;
5. basic rights and obligations under the concession contract;
6. conditions and / or prohibitions on renting the object of the concession rent and provide exploiting his subcontractors;
7. type and amount of guarantees for the fulfillment of obligations under the concession agreement and / or other collateral;
8. the conditions and format for making concession payment, including:
a) the amount of the minimum annual concession fee for the duration of the concession;
B) the procedures for implementing the concession payment;
9. requirements relating to national security and defense;
10. the conditions of the environment, human health and protected areas, zones and sites;
11. other requirements related to the nature of the concession are not statutory;
12. criteria for complex assessment of tenders and their relative weight;
13. amount and method of payment of the guarantee for participation in the procedure for granting a concession;
14. empowering the Minister of Regional Development to fully organize and carry out the procedure for granting a concession on the sea beach. "
§ 6. In art. 8g par. 1 the word "three" is replaced by "five".
§ 7. In art. 8h be amended as follows:
1. In para. 1 word "7 days" is replaced by "three".
2. In para. 2 pt. 1 the word "less" is replaced by "longer".
§ 8. In art. 8i, para. 1 the number "30" is replaced by "15".
§ 9. In art. 8k be amended as follows:
1. Point 1 is amended as follows:
"1. basic technical and other characteristics of the object of the concession, including a description of its accessories; '.
2. Point 3 is amended as follows:
"3. description of services and activities that can be performed with the object of the concession and the conditions for their implementation; ". 3
. Point 4 is repealed.

§ 10. In art. 8 m para. 3 words "seven days" are replaced by "three days."
§ 11. In art. 8H be made the following amendments:
1. In para. 1 the words "10 days" are replaced by "three days."
2. In para. 2 in the second sentence finally added "to organize the supervision of the execution of the concession contract, and brought claims of the grantor in court and to represent the state in matters related to the execution of the concession contract."
§ 12. In art. 10 be made the following amendments:
1. In para. 1 after the words "100 meters" is added "outside the territories of the settlements."
2. In para. 3:
a) in item. 2 letters "a", "b", "c" and "d" are amended as follows:
"a) density (P built-up.) - Up 20 percent ;
B) the intensity of development (K int.) - To 0.5;
C) minimum green area (P landscaped.) -
At least 70 per cent, half of it must be ensured trees;
D) the nature of construction - low, with a height of 7.5 meters; "
b) point 3 is amended as follows:
" 3. putting:
a) movable objects for shopping, entertainment and other service activities in regulated plots can not exceed the established in the detailed development plan development indicators - density, coefficient of intensity of development and is not reduced the minimum required landscaped area;
B) elements of urban furniture - stops of public transport, benches, lighting, containers for waste collection, fountains, fountains and clocks;
C) advertising, information and monumental decorative elements with the terms and conditions set out in the ordinance of the municipal council; ". 3
. In para. 4:
a) Section 2 is amended as follows:
"2. placement of movable objects and facilities:
a) implementation of the mandatory activities on the sea beach;
B) sport-recreational activity and fast service; "
b) in Item. 8 finally added" when no other technically possible or when another technical solution is obviously economically inexpedient. "
4. Paragraph 5 is repealed.
5. Paragraphs 7 and 8 are amended as follows:
"(7) sites under par. 4 pt. 2, letter "b" can occupy a total of 2 percent of the area on the sea beach.
(8) The sites for fast service under par. 4 pt. 2, letter "b" allow the use of additional retail space on the sea beach outside the area under par. 7, can not hold more than 2 percent of the area on the sea beach. "
6. A new paragraph. 9:
"(9) In the cases under par. 7 and 8 in the area of ​​the beach not include the areas of mobile (white) dunes of fixed dunes with herbaceous vegetation (gray dunes) and Wooded dunes. "
7. Former para. 9 becomes para. 10.
§ 13. In art. 13 is amended as follows:
1. Paragraph 4 is amended as follows:
"(4) Zone" B "may be placed:
1. movable objects for shopping, entertainment and other service activities in regulated plots can not exceed the established in the detailed development plan development indicators - density, coefficient of intensity of development and reducing the minimum required landscaped area;
2. elements of urban furniture - stops of public transport, benches, lighting, containers for waste collection, fountains, fountains and clocks; 3
. advertising, information and monumental decorative elements in the terms and conditions set out in the ordinance of the municipal council. "
2. Paragraph 6 is amended as follows:
"(6) movable objects and equipment placed on the territory of beaches as well as those in zone" A "zone and" B "national resorts that do not qualify under par. 3 and 4 and art. 10, para. 3 pt. 3, are removed from the bodies of the Directorate for National Construction Control in an order determined by the Minister of Investment Design. In other cases movable objects and facilities that do not comply with the provisions of this Act shall be abolished in accordance with Art. 57a of the Law on Spatial Planning. "
§ 14. Article 15 is amended as follows:
" Art. 15. (1) The carrying out of construction works at national resorts along the Black Sea coast from May 15 to October 1.
(2) Outside the cases under par. 1 period and territories along the Black Sea coast, which prohibits the execution of construction works shall be determined by the municipal council on the proposal of the mayor. The decisions of the municipal council shall be adopted annually no later than March 1 of each year and are announced on the website of the municipality.
(3) If the municipal council does not adopt a decision within the period under par. 1, completion of construction works in the resort areas of settlements, resorts, resorts, holiday resorts (villas and tourist villages) and camping sites along the Black Sea is prohibited from 15 May to 1 October.

(4) Exception under par. 1, 2 and 3 shall be permitted only for urgent emergency repairs and geo-protection measures and activities. "
§ 15. In art. 17a para. 1 is amended as follows:
1. In the text before item. 1 the words "sand dunes" are replaced by "mobile (white) dunes, fixed dunes with herbaceous vegetation (gray dunes) and Wooded dunes."
2. Point 2 is amended as follows:
"2. underground linear objects of the technical infrastructure, not falling so. 1 and 3 - where there is no technical possibility or the other technical solution is obviously economically inexpedient. "
§ 16. In art. 22a be made the following amendments:
1. In para. 1 pt. 2 after the words "rental value" is added "respectively concession payment."
2. In para. 4:
a) in the text before item. 1, 'rental of beaches "are deleted;
B) point 4 is amended as follows:
"4. coverage Water Life activities declared patrolled beaches during the summer season according to approved by the Minister of Regional Development scheme proposed by the Governor. "
§ 17. § 1 of the additional provisions be amended as follows:
1 . In item. 4 in the first sentence the words "under the influence of the Wind" are replaced by "a result of the interaction of sea, land and air."
2. In pt. 5, letter "b" words "except those intended to ensure safe use of the beach" are deleted. 3
. In pt. 7, the words "active beach area" is replaced by "area" and the word "Folding" is deleted.
§ 18. In the transitional and final provisions of the Law on Amending and Supplementing the Law on the Black Sea coast (SG. 27 of 2013) § 26 is repealed.
§ 19. In the transitional and final provisions of the Law on Amending and Supplementing the Law on the Black Sea coast (SG. 27 of 2013) § 28 is repealed.
Transitional and Final Provisions
§ 20. (1) Approved the entry into force of this Act schemes movable objects in zone "A" zone and "B" shall be brought in accordance with the requirements of this Act 6 months after its entry into force.
(2) movable objects authorized by the previous order that do not meet the requirements of this law and approved new schemes under par. 1 removed by owners of landed properties within one month after approval of new schemes under par. 1. After this period the objects are removed in accordance with Art. 57a of the Law on Spatial Planning, respectively by the authorities of the Directorate for National Construction Control of the ordinance under Art. 13 para. 6.
§ 21. concluded before the entry into force of this Act concession contracts and leases of beaches shall be brought in accordance with the provisions of this Act within six months of its entry into force.
§ 22. The started until the entry into force of this Act procedures concession or rental of beaches be completed under the previous order.
§ 23. (1) The Council of Ministers adopted a new methodology of art. 8, para. 2, within three months from the entry into force of this Act.
(2) The Minister of Investment Design issue ordinance under Art. 13 para. 6 within three months from the entry into force of this Act.
§ 24. Pending the outcome of the Geodesy, Cartography and Cadastre of activities under Art. 6 para. 7 procedure concession or rental of a beach is conducted based on an act of state property and / or accepted specialized map for the sea beach and / or enforceable amend the cadastral map and cadastral registers.
§ 25. (1) The decisions of municipal councils under Art. 15, para. 2 for 2014 shall be adopted no later than 15 May.
(2) If the municipal council does not adopt a decision within the period under par. 1, completion of construction works in the territory of art. 15, para. 2 shall be prohibited from 31 May to 1 October 2014
§ 26. Areas of settlements under Art. 10, para. 1 the territories under § 5, pt. 6 of the additional provisions of the Law on Spatial determined by an effective detailed plan at the date of entry into force of this Act.
§ 27. In the State Property Act (prom. SG. 44 of 1996 .; amend. Pcs. 104 of 1996, pcs. 55, 61 and 117 of 1997, pcs. 93 and 124 of 1998, pcs. 67 of 1999, pcs. 9, 12, 26 and 57 of 2000, No. 1 of 2001, Decision № 7 of the Constitutional Court of 2001 - SG . 38 2001 .; amend., SG. 45 of 2002, No. 63 of 2003, pcs. 24 and 93, 2004, No. 32 of 2005, pcs. 17, 30, 36, 64 and 105 of 2006, pcs. 41, 59, 92 and 113 in 2007, pcs. 52 and 54 of 2008, pcs. 10, 17, 19, 33 and 41 of 2009 pcs. 18 and 87, 2010, issue. 19 and 47 of 2011, pcs. 45, 82 and 99 of 2012, pcs. 27 of 2013, Decision № 6 of the Constitutional Court from 2013 - SG. 65 of 2013 .; amend., SG. 66 and 109 of 2013) in art. 7 par. 5 is amended as follows:

"(5) In the cases and under the conditions specified by law in the Council of Ministers on properties - exclusive state property and can be set up limited rights when it is necessary to:
1. establishment of a national body;
2. meeting public needs; 3
. construction of linear objects of the technical infrastructure, not falling so. 1 and 2 - when no other technically possible or when another technical solution is obviously economically inexpedient. "
§ 28. In the Tourism Act (prom. SG . 30 of 2013 .; amend., SG. 68 and 109 of 2013) is amended as follows:
1. In art. 10 tons. 4 is repealed.
2. Articles 161, 162 and 163 are canceled. 3
. In art. 172 in the text before item. 1, 'and committees Art. 161, para. 1 created by governors "are deleted.
4. In art. 175, para. 1, 'and committees Art. 161, para. 1 "are deleted.
5. Article 178 is repealed.
§ 29. Paragraph 12 pt. 2, letter "a" shall enter into force on 16 March 2015
law was adopted by the 42 th National Assembly on April 29, 2014 and was affixed with the official seal the National Assembly.
Chairman of the National Assembly Mihail Mikov
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