Law On The Amendment Of The Law For The Provision Of Services

Original Language Title: Закон за изменение и допълнение на Закона за дейностите по предоставяне на услуги

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Name of law Law for amendment and supplement of the law activities provision of services Name of Bill a bill amending and supplementing the law on activities of service date of acceptance 11/09/2013 number/year Official Gazette Decree No 83/2013 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 amending and supplementing the law on service activities, adopted by the National Assembly of the HLÌI 11 September 2013.

Issued in Sofia on 17 September 2013.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice:

Zinaida Zlatanova

LAW

Amendment of the law for the provision of services (SG. 15 of 2010.)

§ 1. In art. 3 is hereby amended as follows:

1. In paragraph 8. 2 in the text before point 1, the words ' the administrator of LNG provides suppliers and recipients "are replaced by" Single contact point ensures the suppliers ".

2. Paragraph 3 shall be amended as follows:

"(3) the Council of Ministers shall adopt Ordinance for the conditions and procedures for the maintenance and operation of LNG on a joint proposal from the Minister of economy and energy and the Minister of transport, information technology and communications."

§ 2. In art. 4 the text before point 1 shall be replaced by the following: "the single contact point provides access to providers and recipients of services to".

§ 3. In art. 5, the words "the administrator of ' shall be deleted.

§ 4. In art. 7 the words "administrator of the PSC" shall be replaced by "Single contact point".

§ 5. In art. 8 the words "administrator of the PSC" shall be replaced by "Single contact point".

§ 6. In art. 9 para. 2 shall be amended as follows:

"(2) except in the cases referred to in paragraph 1. 1 special law may introduce authorization only when it is in accordance with the following principles:

1. the non-discrimination – direct or indirect, on grounds of nationality or the location of the registered office of the supplier;

2. necessary, authorizing is justified by the need for protection of the public interest;

3. proportionality – the protection of the public interest cannot be achieved by less restrictive measures, including through follow-up. "

§ 7. In art. 11 the following amendments and supplements shall be made:

1. In paragraph 8. 1 point 8 shall be replaced by the following:

"8. for pre-registration or the prior implementation of activity for a specified period on the territory of the Republic of Bulgaria."

2. a new paragraph. 2:

"(2) where justified by compelling reasons of the protection of the public interest, which may not be protected by less restrictive measures and does not discriminate against the provider of services, the granting of permission to access services or for the exercise of the activity in the provision of services may be subject to: 1. quantitative or territorial restrictions, including limits associated with a fixed number of population or a minimum geographical distance between providers;

2. obligation for the supplier to have a specific legal form;

3. requirements related to owning shares in a company;

4. requirements not provided for in the law of the European Union, which reserve access to activities in the implementation of a service to certain providers due to the specific nature of the activity;

5. prohibition on more than one establishment in the territory of a State;

6. requirements for a minimum number of employees;

7. fixed minimum and/or maximum tariffs with which the provider must comply;

8. supplier obligations in addition to its service to provide together with her and other specific services;

9. requirements for suppliers to exercise only certain types of activity or restrictions on the exercise of other activities in partnership. "

3. The current paragraph. 2 it al. 3 and after the word "proof" is added "performance".

4. The current paragraph. 3 it al. 4 and, after the word "proof" is added "performance" and after the words "copy" or "certified" is added.

5. The current paragraph. 4 it al. 5 and after the word "proof" is added "performance".

6. The current paragraph. 5 it al. 6.

§ 8. In chapter IV, title of section I shall be replaced by the following: "Temporary provision of services".

§ 9. In art. 19 the following amendments and supplements shall be made:

1. Paragraphs 1 and 2 shall be read with the following adaptations:

(1) every provider who has the right to pursue activities in the provision of services under the legislation of another Member State is free to exercise this activity in the territory of the Republic of Bulgaria without subject to authorization, performing this activity temporary or one-time without identification.

(2) the temporary or one-off provision of services may be limited only by the requirements imposed by law, which shall comply with the following principles:

1. the non-discrimination – requirements may not discriminate, directly or indirectly, on grounds of nationality or the establishment in a particular Member State in respect of legal persons;

2. applicable requirements must be justified by reasons relating to public policy, public security, public health or the protection of the environment;

3. proportionality – the requirements must be appropriate and consistent with the objectives set. "

2. in the Al. 3:

and before that, the text) 1 shall be amended as follows: "the requirements of para. 2 cannot restrict the temporary or one-off provision of services from a provider established in another Member State, by ";


b) point 7 is replaced by the following:

7. requirements for the recipient of the service, restricting the use of the service from a provider established in another Member State, which require:

a) has been authorized or has submitted a declaration to the competent authority in the Republic of Bulgaria;

b) discriminatory restrictions on the provision of financial assistance by reason that the provider is established in another Member State, or in connection with the place where the service is provided;

the discriminatory restrictions) based on nationality or residence. "

3. Paragraph 4 is replaced by the following:

"(4) the competent authorities shall apply the requirements in the temporary provision of services, taking into account the nature of the service, duration, regularity and frequency of the provision, as well as the specific features of the service, on a case by case basis."

4. a new para. 5:

"(5) the competent authorities in the application of requirements for temporary or one-off provision of services are required to accept documents issued under the legislation of another Member State which are equivalent or essentially comparable with the requirements laid down in the legislation of the Republic of Bulgaria."

5. The current paragraph. 5 it al. 6.

§ 10. In art. the following 20 amendments:

1. In point 1 are created letters "c" and "d":

"in) water distribution systems and water supply services and services related to wastewater;

d) waste treatment; ".

2. In paragraph 6 Add "on issues from the scope of part two of the Act on the recognition of professional qualifications".

3. Point 7 is replaced by the following:

7. services in the field of social security, which are covered by Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems; ".

4. a new item 10:

"10. shipments of waste which are covered by Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste;".

5. The former item 10 and 11 shall become item 11 and 12.

6. Current t. 12 becomes item 13 and finally adds "in matters governed by the provisions of the accounting Act and the law on independent financial audit, which introduce the requirements of Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC of The Council; ".

7. The former item 13 and 14 shall become item 14 and 15.

§ 11. In art. 21, para. 1 the word "Provision" is replaced by "Temporary or one-off provision".

§ 12. In art. 23 is hereby amended as follows:

1. In paragraph 8. 1 the words "administrator of the PSC" shall be replaced by "Single contact point".

2. in the Al. 2 the word "Administrator" is replaced by "LNG".

3. in the Al. 3 the words "administrator of the PSC" shall be replaced by "Single contact point".

§ 13. In art. 24 Al are created. 5 and 6:

"(5) the service providers cannot discriminate against the recipient of the service in respect of nationality and residence.

(6) the General conditions of access to a service, presented to the general public by the supplier may not contain discriminatory provisions relating to the nationality or place of residence of the recipient, without excluding the possibility to provide for differences in the conditions of access where those differences are directly justified by objective criteria. "

§ 14. In art. 30 Finally, add "in accordance with Regulation (EC) no 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the internal market information system and repealing Decision 2008/49/EC (' IMI ' Regulation) (OJ L 316/1, of 14 November 2012).

§ 15. In art. 35, para. 1, after the words "compliance with the requirements" a comma and add "applicable to them in accordance with art. 19 and 20.

§ 16. In art. 39 item 3 shall be repealed.

§ 17. In art. 40 al. 1 shall be amended as follows:

"(1) an official who perform or allow execution of violation under art. 8, 11, 13, 15, 16, 18, art. 22, para. 2, art. 23, para. 4 and 5, art. 27, art. 32, para. 3 or art. 33, shall be punished with fine in extend from 50 to 250 EUR, unless the Act constitutes a crime. "

§ 18. In art. 42 para. 2 shall be amended as follows:

"(2) where the offences under art. 40 were committed by mayors of municipalities, acts for the establishment of administrative offences shall be drawn up and the penal provisions shall be issued by the Governor or by officials authorised by him. "

§ 19. In the additional provisions the following amendments and additions:

1. In paragraph 1 are established t. 30 and 31:

"30." temporary or one-time provision of services "means the provision of services under art. 56 of the Treaty on the functioning of the European Union by a provider who is legally established in another Member State and one-time or for a certain period of time will pursue its activities in the Republic of Bulgaria without being set.

31. "objective criteria" are: additional costs related to the distance or the technical characteristics of the provision of the service, various market conditions, such as higher or lower demand influenced by the seasons, different periods of holidays in the Member States, the prices of different competitors, or extra risks linked to differences in regulatory requirements in comparison to the Member State of establishment.

2. In paragraph 2:

a) paragraphs 1 and 2 shall be amended as:


' (1) in the planning or preparation of the normative act, which provides for the introduction of requirements for providers of services related to access to services or with the pursuit of the business of the provision of services, the authority proposed the inclusion in the legislative programme of the Council of Ministers, or the authority responsible for its drafting, notify the Minister of economy and energy.

(2) A notification under paragraph 1. 1, the competent authority shall draw up a report with information about:

1. authorisation schemes which do not introduce the right of the European Union;

2. the justification for the requirements to the service providers;

3. compliance with the principles set out in art. 9, para. 2. ";

b) paragraph 3 shall be repealed;

in) paragraph 4 shall be replaced by the following:

"(4) the Minister of economy and energy shall notify the European Commission of the Act under para. 1. "

Final provisions

§ 20. In the Chamber of builders (promulgated, SG. 108 of 2006; amend. 19, 35/92 and since 2009, no. 15 by 2010 and no. 82 by 2012) made the following changes and additions:

1. In art. 3, al. 2 the second sentence is deleted.

2. In art. 16, al. 3, 11, after the word "space" a comma and add "or the Swiss Switzerland".

3. In art. 17:

(a)) in the Al. 2, item 8, after the word "space" a comma and add "or the Swiss Switzerland";

b) paragraph 3 shall be amended as follows:

"(3) in cases where the Builder is a person who has the right to perform such an activity under the legislation of a Member State of the European Union or of another State party to the agreement on the European economic area or Switzerland, the Swiss, for entry in the register shall submit an application form to apply:

1. a copy of the document certifying the right to perform construction works issued by a competent authority of a Member State of the European Union or of another State party to the agreement on the European economic area or the Swiss Switzerland, accompanied by an official translation of the Bulgarian language, carried out in accordance with the regulations for legalization, certification and translation of documents and other papers (official SG. 73 1958; amend. , PC. 10 of 1964, PCs. 77 of 1976, PCs. 96 since 1982, PCs. 77 of 1983 and St. 103 of 1990) and with the Convention on the Elimination of the requirement of legalization of foreign public acts (ratified by law – SG. 47 of 2000; additional PCs. 30 of 2013) (SG. 45 since 2001), or an indication of the legislation and the relevant legal basis, under which the applicant has the right to conduct business;

2. the documents referred to in para. 2, accompanied by an official translation of the Bulgarian language, carried out in accordance with the regulations for legalization, certification and translation of documents and other papers, and with the Convention on the Elimination of the requirement for legalisation of foreign public documents. "

4. an art. 25A:

"Art. 25. (1) in cases of temporary or one-off provision of construction services persons entitled to carry out such an activity under the legislation of a Member State of the European Union or of another State party to the agreement on the European economic area or the Swiss, Switzerland shall notify the Commission under art. 26 for the full and exact designation of the work in accordance with the issued building permit on the grounds of art. 148 of the spatial planning act or the complete and exact designation of construction and Assembly works on contract with the main contractor contract.

(2) The notification referred to in para. 1 shall apply:

1. a copy of the document certifying the right to perform construction works issued by a competent authority of a Member State of the European Union or of another State party to the agreement on the European economic area or the Swiss Switzerland, accompanied by an official translation of the Bulgarian language, carried out in accordance with the regulations for legalization, certification and translation of documents and other papers, and with the Convention on the Elimination of the requirement of legalization of foreign public acts , or an indication of the legislation and the relevant legal basis, under which the applicant has the right to conduct business;

2. a copy of the construction permit or a copy of the contract with the general contractor to build a copy of the issued building permit.

(3) the information on the persons referred to in para. 1 shall be published in a separate list to the register under art. 14, para. 1.

(4) the Commission shall issue a certificate to perform one-time or temporary construction service for a specific building on the territory of the Republic of Bulgaria, which covers the required scope of registration in the Central professional register of constructors for the implementation of this building. "

§ 21. In the law on the Chambers of architects and engineers in investment design (official SG. 20 of 2003; amend., SG. Since 2003, 65, 77/2005/30 and 79 in 2006/07, 2007 59, no. 13 of 2008, 28/07/2009 from 15/2010 No. 82 of 2012 and 2013 66) following amendments and supplements shall be made :

1. In art. 10 and 11, the words "the Member States of the European Union, the other countries of the European economic area and Switzerland" shall be replaced by ' Member States of the European Union, or of other States – parties to the agreement on the European economic area or the Swiss Switzerland ".

2. In chapter three are creating art. 14A:


"Art. 14. In cases of temporary or one-off provision of services in the field of architecture and design investment by nationals established in another Member State of the European Union or of another State party to the agreement on the European economic area or the Swiss Switzerland, apply a two part of the law for the recognition of professional qualifications and the provisions of the law for the provision of services. "

§ 22. In the animal health business (edu., SG. 87 of 2005; amend., SG. 30, 31, 55 and 88 from 2006, and 51/84 of 2007, issue 13, 36 and 100 from 2008, issue 27, 35, 74, 95 and 102 of 2009 and 25/41 of 2010 No. 8 and 92 by 2011. , PC. 77, 82 and 97 by 2012 PCs. 7, 15, 66 and 68 in 2013) make the following changes and additions:

1. In art. 18:

(a)) in the Al. 2 the words "the other countries of the European economic area and Switzerland" shall be replaced by the words "or other States – parties to the agreement on the European economic area or the Swiss Switzerland";

(b)) a new para. 3:

"(3) in cases of temporary or one-off provision of services of veterinary surgeons who are nationals of Member States of the European Union, or of other States – parties to the agreement on the European economic area or the Swiss Switzerland part two applies the law for the recognition of professional qualifications and the provisions of the law for the provision of services."

2. In art. 32, para. the words "or of the countries – parties to the agreement on the European economic area, and Switzerland" shall be replaced by the words "or other States – parties to the agreement on the European economic area or the Swiss Switzerland".

The law was adopted by the 42nd National Assembly on 11 September 2013 and is stamped with the official seal of the National Assembly.

President of the National Assembly: Mihail Mikov 6980