Law Amending And Supplementing The Law On Application Of The Common Organisations Of The Markets In Agricultural Products In The European Union

Original Language Title: Закон за изменение и допълнение на Закона за прилагане на Общите организации на пазарите на земеделски продукти на Европейския съюз

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Name of law Law amending and supplementing the law on application of the common organisations of the markets in agricultural products, the European Union's Name to the Bill a bill amending and supplementing the law on application of the common organisations of the markets in agricultural products in the European Union acceptance date 01/11/2013 number/year Official Gazette 99/13 Decree No 213

Pursuant to article 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending and supplementing the law on application of the common organisations of the markets in agricultural products in the European Union, adopted by the HLIÌ National Assembly of 1 November 2013.

Issued in Sofia on 7 November 2013.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Zinaida Zlatanova

LAW

amending and supplementing the law on application of the common organisations of the markets in agricultural products in the European Union (edu., SG. 96 2006; amend. 16/2008, 10/82 and by 2009 and 26/80 by 2010 and 8/2011)

§ 1. In the name of the law, the words "Public organizations" shall be replaced by ' General Organization '.

§ 2. In art. 1, item 1, the words "Public organizations" shall be replaced by ' General Organization '.

§ 3. In art. 7 the following modifications are made:

1. Paragraph 1 shall be amended as follows:

' (1) in the Ministry of agriculture and Forests shall keep a register of: 1. the European Commission authorised State aid;

2. de minimis aid granted in accordance with the provisions of Regulation (EC) No 1535/2007 of 20 December 2007 on the application of articles 87 and 88 of the EC Treaty to de minimis aid in the sector of the production of agricultural products (OJ L 337/35 of 21 December 2007);

3. aid falling within the scope of group exemptions on the basis of Regulation (EC) No 994/98 of 7 May 1998 on the application of articles 107 and 108 of the Treaty on the functioning of the European Union to certain categories of horizontal state aid, and its implementing regulations in the field of agriculture. "

2. in the Al. 2, the words "or significant changes to existing State aid ' shall be deleted and the words" art. 88, para. 3 of the Treaty establishing the European Community ' shall be replaced by "art. 108 (3) of the Treaty on the functioning of the European Union ".

§ 4. In the name of the second part, the words ' common organisations ' shall be replaced by ' General Organization '.

§ 5. The title of chapter IV shall be replaced by the following: "HORIZONTAL measures".

§ 6. In art. 8, al. 1 the words "Ministry of economy, energy and tourism" are replaced by "the Ministry of economy and energy".

§ 7. In art. 9 is hereby amended as follows:

1. In paragraph 8. 1 the words ' Regulation (EC) No 1291/2000 on the European Commission "shall be replaced by ' Regulation (EC) No 376/2008 of 23 April 2008 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (OJ L 114/3 of 26 April 2008), hereinafter referred to as" Commission Regulation (EC) No 376/2008 ".

2. in the Al. 2 the words ' Council Regulation (EC) No 1291/2000 and Regulation (EC) No 1043/2005 of the European Commission "shall be replaced by ' Regulation (EC) No 376/2008 and Commission Regulation (EU) no 595/2010 of 29 June 2010 implementing Regulation (EC) no 1216/2009 of the Council on the system of export refunds on certain agricultural products exported in the form of goods not included in annex I to the Treaty, and the criteria for fixing the amount of such refunds (OJ L 169/1 of 6 July 2010), hereinafter referred to as "Commission Regulation (EC) no 578/2010".

3. in the Al. 3 the words "Regulation (EC) No 800/99 and Regulation (EC) No 1043/2005 of the European Commission" shall be replaced by ' Regulation (EC) no 612/2009 of 7 July 2009 laying down common detailed rules for the application of the system of export refunds on agricultural products (OJ L 183/1 of 17 July 2009) and Regulation (EC) no 578/2010 ".

§ 8. In art. 10 the words ' Council Regulation (EC) No 1291/2000 shall be replaced by ' Regulation (EC) No 376/2008 ".

§ 9. In art. 11 the words "Regulation (EC) No 1043/2005" is replaced by "Regulation (EC) no 578/2010".

§ 10. In art. 12 the following modifications are made:

1. In paragraph 8. 1 the comma after the word "export" shall be deleted and the words "under the conditions and by the procedure of art. 11, para. 3 and 4 of Regulation (EC) No 1043/2005 "shall be replaced by" pursuant to art. 10 (4) of Regulation (EC) no 578/2010 ".

2. in the Al. 2, first sentence, the words "Regulation 1043/2005" is replaced by "Regulation (EC) no 578/2010 ' and in the second sentence the words" judicial or "shall be deleted.

§ 11. Article 13 shall be replaced by the following: "art. 13. in the checking of exported agricultural products for which the export licence is presented, issued by the paying agency, the customs agency take samples, which explores the laboratory, and in case of non-compliance with the indicators on a licence shall send the results of the analysis of the paying agency. "

§ 12. In art. 16 is hereby amended as follows:

1. In paragraph 8. 1 the words "(OJ L 189/1 of 20 June 2007) ' shall be replaced by ' (OJ L 189/1 of 20 July 2007)" and the words "regulations (EC) No 509/2006 and no 510/2006 and its implementation regulations" are replaced by "Regulation (EC) No 1151/2012 to the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L, 343/1 of 14 December 2012), hereinafter referred to as "Commission Regulation (EC) No 1151/2012" and the regulations for its implementation ".

2. in the Al. 2:

a) in paragraph 2 the words ' Council Regulation (EC) No 510/2006 shall be replaced by ' Regulation (EC) No 1151/2012 ";

b) in paragraph 3 the words ' Council Regulation (EC) No 509/2006 shall be replaced by ' Regulation (EC) No 1151/2012 ".

§ 13. In art. 17 al. 1 shall be amended as follows:

"(1) the Minister of agriculture and food determined by Ordinance procedures for:

1. application of the rules for organic production of plants, livestock and aquaculture, plant, animal products, aquaculture products and foods, their labeling and control over the production and labelling;

2. creation and maintenance of an electronic database for seeds, seed potatoes and seed potatoes produced by the organic production rules;

3. application of the rules for transitioning to organic production;

4. application of the rules on imports from third countries of organic plants, animals and aquaculture, plant, animal products, aquaculture products and foods;

5. creation and maintenance of information databases under art. 16, al. 3, paragraphs 1 and 4;

6. the authorization for surveillance and for subsequent official supervision over the activities of the controlling persons;

7. the official controls referred to in art. 25 (a), para. 1 on organically produced agricultural products and foodstuffs on the market. "

§ 14. In art. 23 is made the following changes and additions:

1. In paragraph 1 the words ' Regulation (EC) No 509/2006 and 510/2006 "is replaced by" Regulation (EC) No 1151/2012 ".

2. Create is that 7-9:

7. shall notify the Minister of agriculture and food or entitled person under art. 18, al. 2 for each contract and for each canceled a contract for control and certification;

8. comply with the requirements of the supervisory authority under art. 18, al. (2);

9. apply for new permits under art. 19, para. 1 or art. 20, para. 1 not later than two months before the expiry of the existing permission pursuant to art. 21, para. 5. "

§ 15. In art. 25 the following amendments and supplements shall be made:

1. In paragraph 8. 2. before paragraph 1 shall be replaced by the following: "it shall be prohibited to use of name, logo and the name of the agricultural product or foodstuff with a traditional speciality guaranteed that."

2. Paragraph 3 shall be amended as follows:

"(3) it is prohibited to use the characters and names for organic farming, including a foreign language, for agricultural products and foodstuffs, which are not manufactured in accordance with the rules of organic production in accordance with the requirements of Regulation (EC) 834/2007."

3. Create a new para. 4 and al. 5:

"(4) organically produced agricultural products and foodstuffs are available in outlets of a separate section (stand or shelf) and/or labeled with a logo or inscription indicating that are organically produced.

(5) organically produced agricultural products and foodstuffs are stored in the warehouses of the merchants of specially marked place, and nepaketiranite – a separate distinct and marked. "

4. The current paragraph. 4 it al. 6 and in her words "under para. 1, 2 and 3 ' shall be replaced by "under para. 1-5 ".

§ 16. In art. 25 (a), para. 1, after the words "the use of" insert "organically-produced foods and products within the meaning of art. 27 of Regulation (EC) No 834/2007 "and a comma and the words" art. 10 of Council Regulation (EC) No 510/2006 and article. 14 of Regulation (EC) No 509/2006 "is replaced by" article. 36 and 37 of Regulation (EC) No 1151/2012 ".

§ 17. In art. 26 the following modifications are made:

1. Paragraph 1 shall be amended as follows:

(1) the paying agency performs intervention of agricultural products by means of the purchase of fixed price or by means of tendering procedures in the cases and under the conditions laid down in Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (single CMO Regulation) (OJ L 299/1 of 16 November 2007) , hereinafter referred to as "Commission Regulation (EC) No 1234/2007 and Regulation (EC) no 1272/2009 of 11 December 2009 laying down common detailed rules for the application of Council Regulation (EC) No 1234/2007 concerning the buying and selling of agricultural products in public intervention (OJ L 349/1 dated 29 December 2009), hereinafter referred to as" Commission Regulation (EC) no 1272/2008 "."

2. paragraph 2 is repealed.

3. in the Al. 3:

a) in paragraph 2 the words "the Ordinance referred to in para. 2 "are replaced by" Regulation (EC) no 1272/2008 ";


b) in point 3, the words ' produced in the territory of a Member State "shall be replaced by" originating in. "

§ 18. In art. 27 the following modifications are made:

1. Paragraph 1 shall be amended as follows:

(1) the paying agency recommends that the European Commission approving intervention centres for intervention on cereals and rice which comply with the requirements laid down in Regulation (EC) no 1272/2008. "

2. in the Al. 2 the words "pursuant to the public procurement Act" shall be replaced by ' by holding of tender procedures for their approval in accordance with the requirements of Regulation (EC) no 1272/2008.

§ 19. In art. 28 the following modifications are made:

1. Paragraph 1 shall be amended as follows:

(1) manufacturers and dealers of cereals and rice can submit offers and tenders in the regional structures of the paying agency. "

2. paragraph 2 is repealed.

3. in the Al. 3 the words ' Council Regulation (EC) No 824/2000 of the European Commission "shall be replaced by ' Regulation (EC) no 1272/2008.

§ 20. In art. 29 the following modifications are made:

1. Paragraph 1 shall be amended as follows:

(1) tenders for buying-in of carcases, half-carcases and cuts can be submitted in the regional structures of the paying agency owners of slaughterhouses for bovine animals registered by the veterinary checks in accordance with the law on foodstuffs and livestock or meat traders who undertake to carry out slaughter at registered abattoirs on its own. "

2. in the Al. 2 the words "Carcases, half-carcases and cuts, which comply with veterinary requirements and are graded and classified on the scale (S) EUROP ' shall be replaced by" fresh or chilled meat of the beef and veal falling within CN codes 0201 10 000 and 0201 20 20 to 0201 20 50 of eligible for redemption, laid down by Commission Regulation (EC) no 1272/2008.

§ 21. In art. 30 the following modifications are made:

1. Paragraph 1 shall be amended as follows:

"(1) the offers and tenders for the purchase of milk products may be submitted in the regional structures of the paying agency producers whose undertakings are approved in accordance with the requirements of Regulation (EC) No 1234/2007 and its implementing regulations, as well as marketers of dairy products, which are produced in an approved by the order of the law for food establishment."

2. in the Al. 2 the words "art. 5 of Regulation (EC) No 2771/1999 of the European Commission and art. (3) of Regulation (EC) No 214/2001 of the European Commission, on the basis of an application by the manufacturer in a form approved by the Executive Director of the paying agency ' shall be replaced by ' Regulation (EC) no 1272/2008.

§ 22. In art. 31 the following modifications are made:

1. In paragraph 8. 1, the words "recommends that the European Commission" shall be replaced by the words "takes action.

2. in the Al. 2 the words "after obtaining permission from the Commission ' shall be deleted.

§ 23. In chapter four, in the name of section V the words "socially disadvantaged" are replaced by "most deprived".

§ 24. In art. 32 the following modifications are made:

1. In paragraph 8. 1 the words "socially disadvantaged" are replaced by "most deprived" and the words "Regulation (EEC) no 3730/87 ' is replaced by ' Regulation (EC) No 807/2010 of 14 September 2010 laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the European Union (OJ L 242/9 of 15 September 2010) , hereinafter referred to as "Commission Regulation (EC) No 807/2010".

2. in the Al. 2:

and in the text) before item 1 the words ' Regulation (EEC) No 3149/92 the Commission ' shall be replaced by ' Regulation (EC) No 807/2010 ';

(b)) in paragraphs 1 and 2, the words "socially disadvantaged" are replaced by "most in need";

c) in paragraph 3 the words "vulnerable" are replaced by "most deprived".

3. in the Al. 3:

a) in paragraph 1 the words "art. 6 of Regulation (EEC) No 3149/92 ' shall be replaced by "art. 4 (3) of Regulation (EC) No 807/2010 ';

b) in item 4 the words "art. (2) of Regulation (EEC) no 3730/87 "shall be replaced by" art. 11 of Council Regulation (EC) No 807/2010 ".

4. in the Al. 4, paragraph 1 the word "formulation" shall be replaced by the "technical specifications".

§ 25. In art. 33, para. 1 the words "regulations (EC) No 1254/1999, (EC) no 2529/2001, (EEC) No 2759/75, (EC) No 1255/1999 and the regulations implementing them" shall be replaced by ' Regulation (EC) No 1234/2007 and Regulation (EC) no 826/2008 of 20 August 2008 laying down general rules for the granting of private storage aid for certain agricultural products (OJ L, 223/3 of 21 August 2008), hereinafter referred to as "Commission Regulation (EC) no 826/2008".

§ 26. In art. 34 the words "regulations (EC) No 1254/1999, (EC) no 2529/2001, (EEC) No 2759/75, (EC) No 1255/1999 and the regulations implementing them" shall be replaced by ' Regulation (EC) No 1234/2007 and Regulation (EC) no 826/2008 ".

§ 27. In art. 36 the following modifications are made:

1. In paragraph 8. 1, first sentence, the words ' the European agricultural funds "shall be replaced by ' the European agricultural guarantee fund."

2. in the Al. 2, second sentence, the words "Ministry of economy, energy and tourism – defined by the Minister of economy, energy and tourism" are replaced by "the Ministry of economy and energy – appointed by the Minister of economy and energy".

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

1. In paragraph 8. 2 the words "regulations (EC) No 2702/1999 and (EC) No 2826/2000 and the regulations implementing them" shall be replaced by ' Regulation (EC) No 3/2008 of 17 December 2007 on information and promotion actions for agricultural products on the internal market and in third countries (OJ L 3/1 from 5 January 2008), hereinafter referred to as "Commission Regulation (EC) No 3/2008 and its implementing regulations".

2. Paragraph 3 shall be amended as follows:

"(3) the funding of approved promotional programmes shall be carried out in accordance with art. 13 of Council Regulation (EC) No 3/2008.

§ 29. Art is created. 38A:

"Art. 38. The Minister of agriculture and food may determine by regulations:

1. the sectors in which recognized producer organisations, associations of producer organisations and interbranch organisations according to art. 123 of Regulation (EC) No 1234/2007;

2. the conditions and procedures for the recognition of producer organisations, associations of producer organisations and interbranch organisations according to art. 123 of Regulation (EC) No 1234/2007;

3. the conditions under which producer organisations and associations of producer organisations may conclude delivery contracts on behalf of the producers;

4. the sectors in which the delivery contracts shall be concluded in writing, the content and the duration of contracts and the procedures for their registration.

§ 30. In the name of chapter v, the word "organizations" is replaced by "Organization".

§ 31. In art. 40 following amendments and supplements shall be made:

1. In paragraph 8. 1, the words "of the Council of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (OJ L 299/1 of 16 November 2007), hereinafter referred to as" Commission Regulation (EC) No 1234/2007 and second Title of Regulation (EC) No 1580/2007 of 21 December 2007 laying down rules for the application of Council regulations (EC) No 2200/96 , (EC) No 2201/96 and (EC) no 1182/2007 in the fruit and vegetables sector (OJ L 350/1 of 31 December 2007), hereinafter referred to as "Commission Regulation (EC) No 1580/2007" shall be replaced by ' and the Title II of Commission implementing Regulation (EC) No 543/2011 of 7 June 2011, laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the fruit and vegetables sector and to processed fruit and vegetables (OJ L 161/1 of 15 June 2011), hereinafter referred to as "Commission Regulation (EU) No 543/2011".

2. in the Al. 4, the first sentence add "form in accordance with annex III of Regulation (EC) No 543/2011" in the second sentence the word "sell" is replaced by "available" in the third sentence, the word "sale" shall be replaced by "placing on the market".

3. Paragraph 5 shall be amended as follows:

"(5) the Minister of agriculture and food, determined by Decree:

1. procedures for the control of compliance of the quality of fresh fruit and vegetables from the import, export and internal market of the European Union, as well as fresh fruit and vegetables intended for processing;

2. procedures for the creation and maintenance of a database of merchants in fresh fruit and vegetables;

3. rules for the analysis and assessment of the risk in accordance with art. 11 of Council Regulation (EC) No 543/2011. "

§ 32. In art. 41, para. 2 is hereby amended as follows:

1. In paragraph 2, the words "unified identification code – for merchants, or code BULSTAT – other legal persons" shall be replaced by "unified identification code (code BULSTAT)-for traders and other legal entities".

2. In paragraph 6, the words ' marketed production ' shall be replaced by "the traded fruits and vegetables".

§ 33. In art. 42 following amendments and supplements shall be made:

1. In paragraph 8. 1, paragraph 2, after the words "or that" insert "on the basis of risk analysis.

2. in the Al. 2:

a) in paragraph 1 the words "control authority" shall be replaced by "pursuant to art. 14 of Regulation (EC) No 543/2011 ";

(b) in item 2) Finally a comma and add "or";

in) is created item 3:

"3. the inspection authority notifies them that on the basis of a risk analysis of the lot is not necessary to be issued a certificate."

3. Paragraph 3 is replaced by the following:

"(3) the Customs Agency and the Bulgarian food safety agency to exchange information needed for carrying out the checks of conformity of consignments of quality fresh fruit and vegetables in the order specified in the instruction, issued by the heads of the two institutions."

§ 34. In art. 43 following amendments and supplements shall be made:

1. In paragraph 8. 3:

a) point 2 is replaced by the following:

"2. the conditions and procedures for the approval, content and procedures for the implementation of the plan for the recognition of producer groups;"

(b) in point 3) add "and producer groups";

in t is created) 6:

"6. the activities and costs that may be included in the plans for the recognition of producer groups of fruit and vegetables."


2. in the Al. 4, the words "annex XIII to art. 99 of Regulation (EC) No 1580/2007 "shall be replaced by ' Annex XIV to art. 97 (b) of Regulation (EC) No 543/2011 ".

§ 35. In art. 44, para. 2 paragraph 1 shall be replaced by the following:

"1. the conditions and procedures for the approval and amendment, the content and the procedure for implementing operational programmes;".

§ 36. In art. 45 following amendments and supplements shall be made:

1. In paragraph 8. 1, the words "annex x of Regulation (EC) No 1580/2007" shall be replaced by "annex XI of Regulation (EC) No 543/2011".

2. Al are created. 4 and 5:

"(4) producer organisations may provide, in their operational programmes for crisis management measures included in the national strategy for sustainable operational programmes under art. 55 of Regulation (EC) No 543/2011.

(5) operational programmes shall include two or more mandatory environmental activities set out in the national framework for environmental actions under art. 56 of Regulation (EC) No 543/2011. "

§ 37. Article 47 (a) shall be replaced by the following:

"Art. 47. (1) the educational institutions can participate in the scheme for fruit and vegetables of the learners. Participation in the scheme shall be accompanied by the application of pedagogical measures.

(2) the scheme for the provision of fruit and vegetables in schools is financed by the European agricultural guarantee fund, and of the State budget in the form of:

1. national aid under art. 103ža of Regulation (EC) No 1234/2007, which are non-refundable and eligible costs for value added tax;

2. national co-financing.

(3) the Ministry of agriculture and food, in collaboration with the Ministry of education and science, Ministry of health and State Fund "Agriculture" in close cooperation with non-governmental organizations working in the field of vegetable and fruit growing, education and health, by 31 January each year draw up a national strategy for the implementation of the scheme.

(4) the detailed rules for the application of the scheme for the provision of fruit and vegetables in educational establishments shall be determined by an Ordinance of the Council of Ministers. "

§ 38. In art. 49 following amendments and supplements shall be made:

1. Paragraph 1 shall be amended as follows:

"(1) cow's milk is purchased from approved by the Minister of agriculture and food purchasers – natural or legal persons who are merchants within the meaning of the commercial code, whose objects are registered by the procedure of art. 12 of the law on foodstuffs and/or used in buying specialised vehicles registered by the procedure of art. 246 of the law on animal health activities. "

2. in the Al. 2, after the words "Food Act" is added "or registration of means of transport under art. 246 of the Act on veterinary activities ".

3. in the Al. 3 item 3 shall be repealed.

4. in the Al. 4, the words "of economic activity in the country" shall be deleted and the words "in buying and transporting the milk cow" are replaced by "for such activities.

§ 39. In art. 51 item 10 shall be replaced by the following:

10. assist the competent authority in carrying out checks on the documentation and the volumes bought in cow's milk. "

§ 40. In art. 54, para. 1 the words ' Regulation (EC) no 1788/2003 "shall be replaced by ' Regulation (EC) No 1234/2007.

§ 41. In art. 55, para. 1, item 4, after the word "collectors" the comma and the way the text is deleted.

§ 42. In Chapter five after art. 55 section Iia are created with art. 55 (a), (b) and (c) 55 55 (c) and section Iib with art. 55 d: "Section Iia

Recognition of producer organisations and associations thereof, interbranch organisations and contractual relations in the milk and milk products sector

Art. 55. (1) the Minister of agriculture and food with an order recognizing or withdraw recognition of producer organisations, associations of producer organisations and interbranch organisations in the milk and milk products pursuant to art. 123, paragraph 4, art. 126A and 126b of Regulation (EC) No 1234/2007 and its implementing regulations.

(2) the producer organisations and associations of producer organisations for milk and milk products, recognized under para. 1 may, under the conditions laid down in art. 126 c of Regulation (EC) No 1234/2007 and by the Ordinance under art. 55 in, conclude contracts with purchasers and processors of raw milk supply on behalf of their Member milk producers in respect of their entire production or part of it.

Art. 55 (b) (1) raw milk comes and buys within the territory of the country on the basis of a contract for the supply, except in the case of direct sales allowed. Delivery contracts shall be concluded with purchasers or processors in writing.

(2) contracts under para. 1 shall be awarded in accordance with and shall contain at least the clauses set out in art. 185 of Regulation (EC) No 1234/2007.

(3) contracts under para. 1 between manufacturer and purchaser of raw milk shall be concluded for a minimum period of 6 months.

(4) contracts for the supply of raw milk from all kinds of milks are registered by the first purchaser in the Regional Directorate of the State Fund "Agriculture" in the address of the business of the purchaser within 14 days from the conclusion. Upon termination, before expiry of the period of the contract, or in the extension of the term of the contract with the relevant annex shall notify Purchaser Regional Directorate of the State Fund "Agriculture" in the 14-day period.

(5) the control of compliance with the requirements under paragraph 1. 1-4 shall be exercised by the State Fund "Agriculture".

Art. 55. the Minister of agriculture and food issues a decree, which lays down:

1. terms and conditions for recognition of producer organisations, associations of producer organisations and interbranch organisations in the milk and milk products pursuant to art. 123, paragraph 4, art. 126A and 126b of Regulation (EC) No 1234/2007;

2. the conditions and procedures for the registration of contracts for the supply of raw milk;

3. the procedures for the exercise of control over the conclusion and registration of contracts for the supply of raw milk.

Section Iib

Aid for supplying milk and milk products to pupils in educational establishments

Art. 55. (1) the educational establishments may apply a scheme for the supply of milk and milk products to pupils in accordance with Regulation (EC) No 657/2008 of 10 July 2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards Community aid for supplying milk and certain milk products to pupils in educational establishments (OJ , L 183/17 of 11 July 2008).

(2) the scheme for the supply of milk and milk products to pupils in educational establishments under para. 1 is financed by the European agricultural guarantee fund and the State budget in the form of national aid under art. 102 of Regulation (EC) No 1234/2007.

(3) detailed rules for the application of the scheme for the supply of milk and milk products to pupils in educational establishments shall be determined by an Ordinance of the Council of Ministers. "

§ 43. In art. 56 the following modifications are made:

1. In paragraph 8. 1 the words "paying agency assist ' shall be replaced by" the State Fund "Agriculture" provides financial support.

2. in the Al. 2 the words "national programme" shall be replaced by "national programmes".

3. in the Al. 3 the word "regulation" is replaced by "regulations" and the words "national programme" shall be replaced by "national programmes".

§ 44. In art. 57 following amendments and supplements shall be made:

1. In paragraph 8. 1 in the text before paragraph 1, after the word "sector" add "for the period 2009-2013.

2. in the Al. 2 the words "the national programme for the promotion of the wine sector shall be granted until 2014" shall be replaced by "for the measures referred to in paragraph 1. 1 shall be made available by 2013.

3. Al are created. 4 and 5:

"(4) The national programme to assist the wine sector for the period 2014-2018. financial assistance shall be granted for the following measures:

1. restructuring and conversion of vineyards with the following activities:

a) conversion of the composition of the plants of varieties classified for the wine-growing regions of the country;

(b)) restructuring of vineyards;

c) improvement of the vineyard management techniques;

d) compensation of producers for loss of income for a period of up to three years by permission to co-existence of both old and new vines or monetary compensation, with the exception of the letter "c";

2. promotion on third-country markets for wines with a protected designation of origin (PDO), protected geographical indication (PGI) or for varietal wines without PDO/PGI;

3. Green harvesting through the complete removal of the Green, yet not-ripe grapes;

4. investments for the production of wine-sector products referred to in annex No. 1 of the law on wine and spirits.

(5) the financial assistance for the measures referred to in paragraph 1. 4 provide till 2018 fiscal year according to the budget for support programmes by the European agricultural guarantee fund. "

§ 45. In art. 58 following amendments and supplements shall be made:

1. In paragraph 8. 1, the words "paragraphs 1 and 3 and para. 3 "shall be replaced by" paragraphs 1 and 3, para. 3 and para. 4, paragraph 1, 3 and 4 ", and the words" registered "are replaced by" entered in the vineyard register. "

2. paragraph 2 is replaced by the following:

(2) financial assistance under art. 57, al. 1, item 2 and al. 4, paragraph 2 may receive commercial companies, professional bodies, organisations and Interprofessional organisations within the meaning of the law on wine and spirits and State bodies and institutions whose activity is connected with the promotion of the business. "

3. a para. 5:

"(5) is not subject to any financing under art. 57, al. 4, paragraph 1, the following activities:

1. the replanting of the same parcel of vineyard wine grape variety according to the same system of cultivation, representing the normal renewal of vineyards which have come to the end of their natural life cycle;

2. protection from damage caused by wild animals, by building fences, or with the active protection system, which includes human sounds;

3. protection from damage caused by birds, by covering the vines with safety nets, purchase of machinery for scaring birds, or with the active protection system, which includes human sounds;

4. protection from hail damage by covering the vines with safety nets;


5. construction of partitions/walls against wind;

6. construction of roads within the plantation lozovoto or which lead to him;

7. rejuvenation of the vineyards and filling the empty seats of rotten plants with new seedlings (podsaždane);

8. changing from a kind of formirovkata in the same depending on the height of the stem-niskost″bleni, srednost″bleni and visokost″bleni. "

§ 46. In art. 58 and following amendments and supplements shall be made:

1. In paragraph 8. 2 the words "pigs and bovine animals" shall be replaced by ' bovine, porcine and ovine.

2. a para. 5:

"(5) in the Ministry of agriculture and Forests shall keep a register of establishments carrying out mandatory classification, which is updated annually on the basis of the number of massacres for the preceding calendar year."

§ 47. In art. 58 (b) the following amendments and supplements shall be made:

1. In paragraph 8. 1 creating the third sentence: "Klasifikatorite, who are not practiced classification of carcases for over a year, are required to undergo a refresher course."

2. in the Al. 3, after the word "training" is a comma and add "refresher courses".

3. in the Al. 4, item 4 Finally adds "and opt-in refresher courses.

4. Paragraph 7 shall be amended as follows:

"(7) in the Ministry of agriculture and Forests shall keep a register of klasifikatorite, completed the course for the classification of carcases of bovine animals, swine and sheep, which reflect the issuance of certificates under para. 1 and their withdrawal under para. 4. "

§ 48. In art. 58 in, al. 3, second sentence, after the word "slaughterhouse" the comma is deleted and the words "which shall provide a copy thereof to the manufacturer supplied or passed animals for the classification at the slaughterhouse ' shall be replaced by ' after the signature of the manufacturer or supplier who receives a copy of the signature against him."

§ 49. In art. 58 (g) is hereby amended as follows:

1. point 2 shall be replaced by the following:

"2. the requirements for the grading, storage and marketing of meat cuts, preparations and entries from the poultry and poultry meat products;".

2. point 3 is repealed.

3. point 4 shall be replaced by the following:

"4. the tests on grading and quality control of meat cuts, preparations and entrails of poultry and poultry meat products;".

§ 50. In art. 58 h, para. 1 the word "regulation" is replaced by "regulations".

§ 51. Article 58 and is repealed.

§ 52. In art. 58 (k), the words "and the rabbit" are deleted.

§ 53. In Chapter five after art. 58 k V section is created with art. 58 (l) and 58 (m):

' Section V

Promotion of beekeeping

Art. 58 l. (1) Beekeeping is supported on the basis of a three-year national program on beekeeping to improve the General conditions for the production and marketing of apiculture products.

(2) the national apiculture programme shall be drawn up by a working group involving representatives of the Ministry of agriculture and food, the beekeeping industry organisations and the paying agency, on the basis of an analysis of the implementation of the national program on beekeeping for the preceding period. Claims shall be approved by the Minister of agriculture and food, and then be submitted for approval by the European Commission.

(3) detailed rules for the application of the national apiculture programme shall be determined by an Ordinance of the Minister of agriculture and food.

Art. 58 meters (1) in accordance with Regulation (EC) No 1234/2007 and its implementing regulations, the paying agency shall provide financial assistance for the measures of the national programme on beekeeping in art. 58 l, al. 1.

(2) the Minister of agriculture and Forests shall determine by order a permanent working group on programme management under art. 58 l, al. 1. In the composition of the Working Group include representatives of the beekeeping industry organizations, the Ministry of agriculture and food and the paying agency. Standing Working Group made proposals for changes in the national programme on beekeeping, for redistribution of the budget between measures and sets the limits for the funding of the eligible costs. Changes in the national programme on beekeeping shall be approved by the order of art. 58 l, al. 2.

(3) Waivers of the paying agency for funding applications to appeal in accordance with art. 2. "

§ 54. In art. 59, para. 2, after the words "the European Commission" is added "and the European Court of Auditors".

§ 55. In art. 60 is made the following changes and additions:

1. Paragraph 1 shall be amended as follows:

(1) the paying agency through a specialized unit of control under Regulation (EC) No 485/2008 of 26 May 2008 on scrutiny by Member States of transactions forming part of the system of financing by the European agricultural guarantee fund (OJ L 130/1 of 3 June 2008), hereinafter referred to as "Commission Regulation (EC) No 485/2008" exercise and follow-up performed checks on the commercial documents of : 1. persons who have received or made payments relating directly or indirectly to the system of financing by the European agricultural guarantee fund;

2. any third parties who have direct or indirect connection with the persons referred to in paragraph 1 in connection with the transactions carried out in the framework of the system of financing by the European agricultural guarantee fund. "

2. a new paragraph. 2:

"(2) the persons referred to in para. 1 shall ensure that the controlling entities:

1. free access to the sites;

2. commercial documents requested by them and extracts or copies thereof; electronically stored data shall be provided in electronic form;

3. the information requested by them. "

3. The current paragraph. 2 it al. 3 and in it the words ' Regulation (EEC) no 4045/89 shall be replaced by ' Regulation (EC) No 485/2008 ".

§ 56. And article 60 shall be amended as follows:

"Art. 60. (1) on application of the classification of the carcases of cattle, pigs and sheep and the reporting of prices shall be exercised by officials authorised by the Minister of agriculture and food.

(2) control under para. 1 Subject:

1. the slaughterhouses referred to in art. 58A, al. (2);

2. klasifikatorite under art. 58 in, al. 1.

(3) the Bulgarian Agency for food safety control over:

1. sorting, marking and packaging of eggs;

2. grading and storage of meat cuts, preparations and entries from the poultry and poultry meat products. "

§ 57. Article 60 (b) shall be replaced by the following:

"Art. 60 (b). under art. 60 and includes:

1. checks on the application of the classification of the carcases of cattle, pigs and sheep and the documentation for its implementation;

2. the checks referred to in art. 24 of Regulation (EC) no 589/2008 of 23 June 2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards marketing standards for eggs (OJ L 167/6 by 24 June 2008);

3. checks pursuant to art. 9, paragraphs 6, 8 and 10 and art. 12 (5) of Regulation (EC) No 543/2008 of 16 June 2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards certain marketing standards for poultry meat (OJ L 157/46 of 17 June 2008). "

§ 58. Article 60 shall be repealed.

§ 59. In art. 60 (e), the words "article. in the 60 ' shall be replaced by "art. 60.

§ 60. In art. 65, para. 1 the words "para. 1 – 3 "shall be replaced by" para. 1-5 ".

§ 61. Create art. 71 and 71 (b):

"Art. 71. (1) an approved purchaser who fails to fulfil an obligation under art. 51, item 2, shall be punished with the penalty payment in the amount of 2,000 to 10,000 BGN.

(2) an approved purchaser who fails to fulfil an obligation under art. 51, item 4, shall be punished with the penalty payment in the amount of 500 to 2000 BGN.

(3) an approved purchaser who fails to fulfil an obligation under art. 51, item 6, shall be punished with the penalty payment in the amount of 3000 to 10 000 BGN.

Art. 71 (b) (1) a producer of cow's milk with a quota for direct sales, which does not register the daily quantities of the sales carried out, replace and unrequited transfers of milk and milk products is punishable by a fine of 50 to 300 EUR

(2) when the offence under para. 1 is committed by a legal person or sole proprietor, a penalty payment in the amount of 300 to 1000 BGN "

§ 62. Create art. 72 and 72 (b):

"Art. 72. (1) Which buys raw milk for processing or resale by a manufacturer without a written contract, except in the case of direct sales permitted, shall be punished with fine or with a proprietary sanction from 5000 to 20000 EUR

(2) a producer of raw milk, which supplies milk without a contract, except in the case of direct sales permitted, shall be punished with fine or penalty payment from 500 to 2000 BGN. Do not punish a producer of raw milk, which is filed with the competent authority before committing the offence.

Art. 72B. (1) a natural person who does not fulfil the obligation under art. 60, para. 2, shall be punished with fine in extend from 600 to 2000 BGN.

(2) when the offence under para. 1 is committed by a legal person or sole proprietor, a penalty payment in the amount of 2000 to 5000 LEVs. "

§ 63. In art. 74, para. 3 the words "art. 69 – 72 ' shall be replaced by "art. 69-72 (b) ".

§ 64. In art. 74 and the following modifications are made:

1. In paragraph 8. 1 the word "provisions" shall be replaced by "provisions", and the words "and article. 58 and ' shall be deleted.

2. in the Al. 3 the words "paragraph 2, 3 and 4" shall be replaced by ' paragraph 2 and 4.

§ 65. In art. 74 (e), para. 1 the words "art. in the 60 ' shall be replaced by "art. 60.

§ 66. 1 in § "additional provision" following amendments and supplements shall be made:

1. In paragraph 3 the words "art. 2 of Council Regulation (EC) No 510/2006 "is replaced by" article. 5 of Regulation (EC) No 1151/2012 ".

2. point 5 shall be replaced by the following:

"5." delivery "means any sale of the producer of unprocessed milk to an approved purchaser of cow's milk or the first purchaser of milk other than cow's milk."

3. In paragraph 7, the words "Agriculture" are replaced by "Agriculture", and the words "on the fixed prices" are deleted.

4. In paragraph 14, the words "Agriculture" are replaced by "Agriculture".

5. Point 17 shall be replaced by the following:


"17." processed agricultural products "means agricultural products not listed in annex I to the Treaty on the functioning of the European Union, which are" processed products "within the meaning of art. 2 (1) (a) of Regulation (EC) no 612/2009. "

6. Section 19 is repealed.

7. Create t.: 22-23 "22." The first purchaser ' means a natural or legal person, a trader within the meaning of the commercial code, which has registered stationary objects and/or specialized vehicles, respectively, by the order of the law for food and/or animal health Act activity and carry on business by buying directly from producers of raw milk, different from cow's milk.

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

Final provisions

§ 67. (1) the Minister of agriculture and food, issued the Ordinance under art. 56, para. 3 for the implementation of the national programme of art. 57, al. 4 by 1 December 2013.

(2) the Minister of agriculture and food issues the Ordinances under art. 17, al. 1, art. 55 c and art. 58 l, al. 3 within three months of the entry into force of this law.

(3) the Council of Ministers issued the Ordinance under art. 55 g, para. 3 within 6 months from the entry into force of this law.

(4) the Director of the Customs Agency and the Executive Director of the Bulgarian food safety agency issued the instruction in art. 42, para. 3 within three months of the entry into force of this law.

§ 68. Ordinance No. 1 of 26 January 2009 for the terms and conditions for the provision of financial assistance under the national programme for the promotion of wine-sector products 2008/2009 – 2013/2014 (official SG. 10 of 2009; amend., SG. 62 and 76 by 2010, 53/75 and from 2013) applies, to the extent not contrary to the provisions of this law.

The law was adopted by the 42nd National Assembly of 1 November 2013 and is stamped with the official seal of the National Assembly.

President of the National Assembly: Mihail Mikov

8257