Law Amending The Law On Consumer Protection

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

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Name of law
Law amending the Law on Consumer Protection




Name Bill
Amendments to the Law on Consumer Protection





Date of adoption
07/03/2013



Number / year Official Gazette
27/2013








DECREE № 55 Pursuant to Art. 98 pt. 4 of the Constitution of the Republic of Bulgaria
DECREE:
To be published in the "Official Gazette" Law amending the Law on Consumer Protection adopted by HLI National Assembly on March 7, 2013 | || Released in Sofia on March 11, 2013
President of the Republic: Rosen Plevneliev
stamped with the state seal.
Minister of Justice:
Diana Kovacheva

Law amending the Law on Consumer Protection (prom. SG. 99 of 2005 .; amend., SG. 30 51, 53, 59, 105 and 108 of 2006, pcs. 31, 41, 59 and 64 of 2007, pcs. 36 and 102 in 2008, pcs. 23, 42 and 82 of 2009 pcs. 15, 18 and 97 of 2010, pcs. 18 of 2011, pcs. 38 and 56 of 2012, pcs. 15 of 2013)
§ 1. In art. 50, para. 3 in the text before item. 1 after the words "Art. 52 54 "add" 54a ".
§ 2. A Art. 54a:
"Art. 54a. At the conclusion of a distance phone treaty enters into force and the consumer is bound by the proposal from the day on which the supplier has received the consent of the consumer in writing. "
§ 3. A Art. 62a:
"Art. 62a. (1) Fixed contract be extended only with the express written consent of the user on the conditions for its continuation. In the absence of agreement after the expiry of the contract, it is converted into unlimited under the same conditions. The user has the right to terminate the open-ended contract with one month's notice, without penalties for this.
(2) are automatically void all reservations that are contrary to par. 1. "
§ 4. An Art. 62b:
"Art. 62b. Where the parties have entered into a contract in writing amendments to the contractual terms are made with additional written agreements. "
§ 5. In art. 206 made the following amendments:
1. The previous text becomes para. 1.
2. A par. 2:
"(2) A provider who violates the provisions of Art. 54, para. 1 and 2 or art. 54a fine or proprietary sanction from 1000 to 3000 lev each case. "
§ 6. A new art. 207:
"Art. 207. (1) A person who impedes the right of the consumer under Art. 55, para. 1 to abandon the contract at a distance, a fine or proprietary sanction from 1000 to 3000 lev each case.
(2) A person who fails to fulfill its obligation under Art. 55, para. 6 fine or proprietary sanction from 1000 to 3000 lev each case. "
§ 7. A Art. 208A:
"Art. 208A. For violation of the provisions of Art. 62a or art. 62b of the guilty persons shall be imposed a fine of 1,000 lev and sole proprietors and legal entities shall be liable to a fine of 5,000 lev each case. "
Final provisions
§ 8. In the Law radio and television (prom. SG. 138 of 1998 .; Decision № 10 of the Constitutional Court of 1999 - SG. 60 of 1999 .; amend., SG. 81 of 1999, pcs. 79 of 2000, pcs. 96 and 112 of 2001, pcs. 77 and 120 of 2002, pcs. 99 and 114 in 2003, pcs. 99 and 115 of 2004, pcs. 88 93 and 105 of 2005, pcs. 21, 34, 70, 80, 105 and 108 in 2006, pcs. 10, 41, 53 and 113 in 2007, pcs. 110 of 2008 pcs. 14, 37, 42 and 99 of 2009, pcs. 12, 47, 97, 99 and 101 of 2010, pcs. 28, 99 and 105 of 2011, pcs. 38 and 102 of 2012 and pcs. 15 and 17 from 2013) the following amendments:
1. In art. 75 shall be created para. 10:
"(10) Audio-visual commercial communications and commercial communications in radio should not be broadcast with volume greater than the volume of the rest of the program."
2. In art. 126, para. 1 the words "Art. 75 para. 1 and par. 3-6 and par. 8 "are replaced with" Art. 75 para. 1, para. 3-6, para. 8 and par. 10 '.
§ 9. In the Electronic Communications Act (prom. SG. 41 of 2007 .; amend. Pcs. 109 of 2007, pcs. 36, 43 and 69 of 2008, pcs. 17, 35, 37 and 42 of 2009 .; Decision № 3 of the Constitutional Court from 2009 - SG. 45 of 2009 .; amend., SG. 82, 89 and 93, 2009, issue. 12 17, 27 and 97 of 2010 pcs. 105 of 2011, pcs. 38, 44 and 82 of 2012, pcs. 15 of 2013) creates new art. 231:
"Art. 231. (1) Upon delivery of television programming undertakings providing electronic communications networks and / or services to contract applies a list of names of television programs included in the package price.
(2) The undertakings under paragraph. 1 maintained on paper and electronically register on the received user complaints, warnings and suggestions.

(3) Upon dropping the TV program from the list under par. 1 consumer is entitled to terminate the contract without compensation and / or damages by giving one month's written notice.
(4) are automatically void all reservations that are contrary to par. 1 - 3. "
§ 10. In the Tourism Act (prom. SG. 56 of 2002 .; amend. Pcs. 119 and 120 in 2002, pcs. 39 2004 pcs. 28, 39, 94, 99 and 105 of 2005, pcs. 30, 34, 80, 82 and 105 of 2006, pcs. 42, 53 and 80 in 2007, pcs. 31, 36 and 66 of 2008, pcs. 19 and 82 of 2009, pcs. 15, 50 and 98 from 2010) the following amendments:
1. In art. 43a:
a) a new para. 2:
"(2) Tour operators and travel agents take or ensure that the necessary measures in accordance with Regulation (EU) № 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of bus and coach passengers and amending Regulation (EC) № 2006/2004 (OJ, L 55/1 from February 28, 2011), hereinafter referred to as "Regulation (EU) № 181/2011", in relation to persons with disabilities or reduced mobility in order to travel by bus. "
B) the previous paragraph. 2 becomes para. 3.
2. In art. 64b para. 5 finally put a comma and added "as well as the obligations of tour operators and travel agents under Regulation (EU) № 181/2011". 3
. In art. 86g creates pt. 5:
"5. tour operator or travel agent who fails to fulfill its obligations under Art. 5, Art. 9 Art. 10, paragraphs 2 and 5, Art. 11, paragraphs 3 and 5, Art. 14, paragraphs 3 and 4 and art. 15 of Regulation (EU) № 181/2011. "
§ 11. Section 8 comes into force on April 1, 2013
law was adopted by the 41 th National Assembly on March 7, 2013 and was affixed with the official seal of the National Assembly.
Chairman of the National Assembly Tsetska Tsacheva
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