Law Amending The Law On Maritime Spaces, Inland Waterways And Ports Of The Republic Of Bulgaria

Original Language Title: Закон за изменение и допълнение на Закона за морските пространства, вътрешните водни пътища и пристанищата на Република България

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Name of law
Law amending the Law on maritime spaces, inland waterways and ports of the Republic of Bulgaria




Name Bill
Bill amending the Law on maritime spaces, inland waterways and ports of the Republic of Bulgaria





Date of adoption
06/03/2013



Number / year Official Gazette
28/2013








DECREE № 61 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 maritime spaces, inland waterways and ports of the Republic of Bulgaria adopted by the National HLI meeting on March 6, 2013
Released in Sofia on March 14, 2013
President of the Republic: Rosen Plevneliev
stamped with the state seal.
Minister of Justice:
Dragomir Yordanov

Law amending the Law on maritime spaces, inland waterways and ports of the Republic of Bulgaria (prom. SG. 12 of 2000 ; amend., SG. 111 of 2001, pcs. 24 and 70 of 2004, pcs. 11 2005 .; Decision № 5 of the Constitutional Court from 2005 - SG. 45 of 2005 amended .; ., No. 87, 88, 94, 102 and 104 of 2005, pcs. 30, 36, 43, 65, 99 and 108 of 2006, pcs. 41, 54 and 109 of the 2007 issue. 67, 71, 98 and 108 in 2008, pcs. 47 and 81, 2009, issue. 61 and 88 of 2010, pcs. 23 of 2011, pcs. 32 and 53 of 2012 and SG. 15 of 2013)
§ 1. In art. 4 para. 1 finally put a comma and added "respectively in the" Notice to skippers "awarded by the Executive Agency" Maritime Administration ".
§ 2. created art. 52a - 52d:
"Art. 52a. (1) At the proposal of the Minister of Transport, Information Technologies and Communications and the respective responsible minister, based on the approved development plan, with the Council of Ministers on the seabed and subsoil within the internal waters and territorial sea can to establish a right of construction for the construction or expansion of the underwater linear objects of technical infrastructure.
(2) The construction right under par. 1 is established when it is necessary for the construction or expansion of a national entity under the State Property Act or for meeting public needs as follows:
1. Underwater linear power plants - under the terms and provisions of the Energy Act;
2. other underwater linear objects of technical infrastructure outside the cases under item. 1 - without tender or competition in favor of the municipality or investor.
(3) The right of construction is established for consideration unless it is in favor of the municipality. Minister of Regional Development and Public Works or an authorized officer assign an independent appraiser to assess the right to build within one month from the entry into force of the order approving the detailed plan of art. 52b and inform interested parties about the assessment.
(4) The construction or expansion of the underwater linear objects of the technical infrastructure of the state through its departments shall be by decision of the Council of Ministers, which determines the ministry, which is responsible for construction site.
Art. 52b. (1) A detailed development plan of art. 52a para. 1 is made as a plot plan, which lays down:
1. track the underwater linear object of the technical infrastructure;
2. the point or points of connection of the underwater linear object to sites located on land; 3
. the location and boundaries of the established around the underwater linear object safety zone.
(2) The development of detailed plans under par. 1 and their amendments shall be authorized by the Minister of Regional Development and Public Works or authorized by officials in consultation with the Minister of Transport, Information Technology and Communications, the Minister of Environment and Water, the Minister of Defense, Minister of Interior, Minister of economy, energy and tourism and culture Minister.
(3) The draft detailed plans under par. 1 and their amendments shall be coordinated with those of art. 8 of the Merchant Shipping Code before their acceptance and approval.
(4) The draft detailed plan is adopted by the National Expert Council on Spatial Planning and Regional Policy and approved by the Minister of Regional Development and Public Works, which is published in the "Official Gazette".
Art. 52c. (1) The objects of art. 52a para. 1 is constructed on the basis of approved investment projects, without changing the designation of the property on which construction is implemented.

(2) Investment projects for construction or expansion of the underwater linear objects of the technical infrastructure shall be approved by the Minister of Regional Development and Public Works or by an authorized officer after consultation with the persons under Art. 8 of the Merchant Shipping Code.
(3) The building permit is issued by the Minister of Regional Development and Public Works or by an authorized official.
(4) During the construction and maintenance of the works of art. 52a para. 1 the special provisions of this law, of the Merchant Shipping Code and regulations thereunder on the technical means used, coordination of construction schedules, the performance of diving and any other underwater activity and provide navigation area of ​​Hydraulic Engineering.
Art. 52d. (1) The purpose of objects of art. 52a para. 1 can not be changed.
(2) When the building right under Art. 52a para. 1 was established in favor of the municipality, built underwater linear object of the technical infrastructure is public municipal property that can not be changed in private. "
§ 3. In Chapter Two in the name of Section VIII after the word" Safety "is added "and security."
§ 4. In art. 60a is amended as follows:
1. Paragraph 2 is amended as follows:
"(2) The Council of Ministers on a proposal of the Minister of Transport and Communications established by an ordinance the conditions and procedures for achieving the security of shipping, ports and port areas."
2. In para. 3 the word "authorized" is replaced by "authorized". 3
. Paragraph 4 is amended as follows:
"(4) The ordinance under par. 2 specify the conditions and procedures for handling information contained in security assessments and security plans on ships, ports and port areas, and reports on how to assess the security of ports and port areas, and protection from unauthorized access. "
§ 5. In art. 60b in the text before item. 1 the word "authorized" is replaced by "authorized".
§ 6. In art. 61 be made the following amendments:
1. Paragraph 1 shall be repealed.
2. In para. 2 preposition "in" is replaced by "territorial sea" and finally put a comma and added "except in cases where it was assigned to the Department of Defense."
§ 7. In art. 63 be made the following amendments:
1. Create a new paragraph. 3 and 4:
"(3) The underwater linear objects of the technical infrastructure of art. 52a para. 1 is constructed out of the water areas of the ports can intersect recognized and having vital shipping routes and areas, recreational function of the coast or aquaculture production, while respecting their location, purpose and functions.
(4) Around the underwater linear objects of the technical infrastructure of art. 52a para. 1 establishes safety zones whose boundaries are defined under par. 2. The routes of the sites and the safety zones are designated with navigation signs and plotted on navigational charts. "
2. A par. 5:
"(5) safety zones under par. 2 and 4 shall be prohibited:
1. anchorages, except vessels used for the purpose of operating, maintenance and monitoring of facilities under par. 1 and 3 and construction of new facilities;
2. fishing activities; 3
. making diving and any other underwater activity, except for the operation, maintenance and monitoring of facilities under par. 1 and 3 and construction of new facilities. "
Third. Former para. 3 becomes para. 6 and the words "State enterprise" Port Infrastructure "are replaced by" Executive Agency "Maritime Administration".
4. Former para. 4 becomes para. 7 and in it in the first sentence the words "State enterprise" Port Infrastructure "are replaced by" Executive Agency "Maritime Administration" at the expense of the persons under par. 6 "and the second sentence is deleted.
§ 8. In art. 74, para. 2 Finally, the words "by the Minister of Transport, Information Technologies and Communications" are replaced with "an ordinance of the Council of Ministers".
§ 9. In art. 75 be made the following amendments:
1. The previous text becomes para. 1.
2. Created al. 2-8:
"(2) At the proposal of the Minister of Transport, Information Technologies and Communications and the line minister, based on the approved development plan, with the Council of Ministers on the bottom in the Bulgarian section and the flood plain of Danube can be established right of construction for the construction or expansion, and operation of underwater linear objects of technical infrastructure.

(3) The construction right under par. 2 is established when it is necessary for the construction or expansion of a national entity under the State Property Act or for meeting public needs as follows:
1. Underwater linear power plants - under the terms and provisions of the Energy Act;
2. other underwater linear objects of technical infrastructure outside the cases under item. 1 - without tender or competition in favor of the municipality or investor.
(4) The construction right under par. 2 establishes consideration unless it is in favor of the municipality. The assessment of the building right shall be prepared and reported under the terms and within the time limits specified in Art. 52a para. 3, second sentence.
(5) The construction or expansion of the underwater linear objects of the technical infrastructure of the state through its departments shall be by decision of the Council of Ministers, which determines the ministry, which is responsible for construction site.
(6) The detailed development plans under par. 2 are made as plot plans with the content provided for in art. 52b para. 1. Allowing their production, and their coordination, acceptance, approval and modification are carried out under Art. 52b para. 2 - 4.
(7) The development, coordination and approval of investment projects for the sites under par. 2 resolving their construction and their construction and maintenance are carried out in accordance with the provisions of art. 52c.
(8) The purpose of the sites under par. 2 can not be changed. When the building right is established in favor of the municipality, built underwater linear object of the technical infrastructure is public municipal property that can not be changed in private. "
§ 10. Article 76 is repealed.
§ 11. In Chapter Three, Section II, Art. 76b:
"Art. 76b. With estimates that a ship located in the inland waterways of the Republic of Bulgaria is committed committing or preparing to commit acts that violate the sovereignty or exclusive rights and jurisdiction under Art. 75 para. 1, the Ministry of Interior and the Executive Agency "Maritime Administration" have the right to stop him, to examine and take appropriate measures to prevent the violation or to detain the relevant accountable those responsible. "
§ 12. In chapter three the name of the section IV is amended as follows: "navigation provision of shipping."
§ 13. Article 82 is amended as follows:
"Art. 82. shipping route in the section of the river. River from km 845,650 to km 374,100 is supported by competent Bulgarian and Romanian authorities in accordance with the provisions of an agreement between the two governments. "
§ 14. Article 83 is amended as follows: | || "Art. 83. (1) The navigation provision of shipping in the inland waterways of the Republic of Bulgaria, except for the shipping time is carried out by the State enterprise "Port Infrastructure".
(2) The navigation provision of shipping in the Bulgarian section of the shipping time is carried out by the Executive Agency "Exploration and Maintenance of the Danube". "
§ 15. Article 84 is amended as follows:
" Art. 84. (1) The underwater linear objects of the technical infrastructure of art. 75 para. 2 are constructed outside water areas of ports and may cross areas providing recreation function of the coast or aquaculture production, while respecting their location, purpose and functions.
(2) About the underwater linear objects of the technical infrastructure of art. 75 para. 2 establishes safety zones at distances up to 200 meters from their outer edge. These include the water column from the water surface to the bottom. The zones can be of larger sizes, if allowed by generally accepted international standards. The routes of the sites and the safety zones are indicated by coastal navigation signs and cause of pilotage cards.
(3) safety zones under par. 2 prohibiting:
1. anchorages, except vessels used for the purpose of operating, maintenance and monitoring of facilities under par. 1 and construction of new facilities;
2. fishing activities; 3
. making diving and any other underwater activity, except for the operation, maintenance and monitoring of facilities under par. 1 and construction of new facilities. "
§ 16. Article 85 is amended as follows:
" Art. 85. (1) Changes in the navigation environment and special temporary regulations to ensure the safety of navigation on inland waterways are disclosed in the "Notices to skippers" issued by the Executive Agency "Maritime Administration".
(2) Drivers ships and compositions are obliged to observe announced in "Notices to skippers" dimensions of the waterway and do not pass through critical sections with draft exceeding announcement.

(3) "Notices to skippers" are published on the website of the Bulgarian system for RIS. "
§ 17. Article 89 is amended as follows:
" Art. 89. (1) The Executive Agency "Maritime Administration" may stop to review and prohibit the movement of a ship in t. H. In transit, which creates a threat to the safety of navigation in the inland waterways of the Republic of Bulgaria.
(2) The Executive Agency "Maritime Administration" shall prohibit the departure of the ship from the Danube port or raid if its technical condition does not ensure compliance with the measures adopted by the Republic of Bulgaria norms and standards to prevent and limit pollution of the river environment, and in cases under Art. 363, para. 2 of the Merchant Shipping Code.
(3) prohibition of departure continues the removal of the reasons which have caused. "
§ 18. In art. 91, para. 1 the words "maritime spaces" are replaced by "inland waterway".
§ 19. In art. 92 be made the following amendments:
1. Paragraph 5 shall be amended as follows:
"(5) The register under par. 4 fit:
1. register code, name and type of the port;
2. the owner of the port; 3
. IDs of port properties on the cadastral map;
4. coordinates of the boundary points and the area of ​​operational water area, the maneuvering area of ​​ships and approaching area;
5. port operations and services in port, the performance of which requires the use of port territory and / or port facilities;
6. the operator or operators gained access to the market of port activities and services under p. 5;
7. number and date of issue of the certificate of roadworthiness;
8. basic parameters - total length of quay front in t. h. of floating hydraulic structures that serve as a connection between the ship and shore; Project depth operational water area; total area of ​​open and covered warehouses and a total volume of warehouses for liquid cargo;
9. register code, name, designation, the coordinates of the boundary points and areas of the territory, as well as toll-tions under p. 4-8 for each of the terminals in the port t. h. for areas in public transport port, which by their use comply with the characteristics of the ports under art. 107-109;
10. coordinates of the boundary points and the area within the storage areas of goods not located on the coast; total area of ​​open and covered warehouses and a total volume of warehouses for liquid and bulk them;
11. act which stipulates suspension or limitation of the operation of the port;
12. permanently affixed to the ground port reception facilities;
13. changes in circumstances under p. 1-12;
14. date of cancellation of registration and the reason for it. "
2. Paragraph 6 is amended as follows:
"(6) ports are registered in the ports after the issuance of a certificate of service life."
Third. A new paragraph. 8:
"(8) It is not permitted to make port activities and services not listed in the registration of the port or terminal."
4. Former para. 8 becomes para. 9.
§ 20. In art. 94 para. 2 is amended as follows:
"(2) The information under par. 1 statistical secrecy within the meaning of Art. 25 of the Statistics Act. "
§ 21. In art. 95 is amended as follows:
1. In para. 1 second sentence is deleted.
2. In para. 2 the word "authorized" is replaced by "authorized".
§ 22. In art. 96 be made the following amendments:
1. Paragraph 2 is amended as follows:
"(2) The Minister of Transport, Information Technology and Communications or an authorized official in order suspended the operation of port when:
1. Port of technical or organizational does not qualify for the safe acceptance, care and handling of ships, passengers, cargo and mail, established in accordance with Art. 95, para. 1;
2. the port is out port activities and services in violation of the provisions of art. 92, para. 8; 3
. right of access to the port services market operator or operators under Art. 92, para. 5, pt. 6 is terminated;
4. for 12 months at the port did not provide registered port services and activities;
5. the validity of the certificate of fitness of the port has expired and for one month owner has not acted for a new certificate. "
2. A new paragraph. 3:
"(3) The Minister of Transport, Information Technology and Communications or an authorized officer with an order temporarily restrict the operation of the port, where:

1. Port of technical or organizational terms do not meet the established in accordance with Art. 95, para. 1 requirements for the safe conduct of a certain type registered port services or activities;
2. terminal of the port of technical or organizational does not qualify for the safe acceptance, care and handling of ships, passengers, cargo and mail out in the ordinance of art. 95, para. 1; 3
. terminal of the port covers port activities and services in violation of the provisions of art. 92, para. 8;
4. the validity of the certificate of fitness of the port terminal of expired and for a month the owner of the port, the port operator has not acted for issuing a new certificate;
5. individual port facilities technically not meet established in accordance with Art. 95, para. 1 requirements for operability of the port. "
Third. A par. 4:
"(4) The orders under par. 2 and 3 provisionally enforceable. "
4. Former para. 3 becomes para. 5 and the words "order under par. 2 subject "is replaced by" orders under par. 2 and 3 are subject ".
5. A par. 6:
"(6) The Minister of Transport, Information Technology and Communications or a person authorized by him shall by order revoke pronounced under par. 2 or 3 suspension or limitation of the operation of the port when the grounds for its imposition. "
§ 23. In art. 103a be made the following amendments:
1. In para. 1 p. 1 and 2 are amended as follows:
"1. national importance;
2. regional importance. "
2. Paragraph 2 is amended as follows:
"(2) The lists of ports under par. 1 pt. 1 and 2 and changes thereto shall be adopted by the Council of Ministers on a proposal of the Minister of Transport, Information Technologies and Communications. Lists and changes thereto shall be published in the "Official Gazette". "
Third. A par. 3:
"(3) The decision under par. 2 shall be determined and:
1. terminals at each port, including areas that by their use comply with the characteristics of the ports under art. 107-109, and areas for storage of goods that are not located on the coast;
2. within the territory of each port; 3
. the boundaries of the waters of each port and the different areas in it - operational water area, the maneuvering area of ​​ships and approaching area. "
§ 24. In art. 103c be made the following amendments:
1. In para. 2 words "docks, swimming pools, piers" are deleted and the words "dredging and increasing the maximum water depth" is replaced by "keeping the project depths in the water areas of the public transport ports of national importance to the border of the operational water area."
2. Paragraph 5 shall be amended as follows:
"(5) State enterprise" Port Infrastructure "collects fees under par. 1, p. 1, 2 and 4 for ships calling at ports for public transport with regional importance and ports of art. 107-109, and provides access to these ports by maintaining aids to navigation shall, canals and harbor area to the border of the operational harbor area. Linear quay fees are determined by the amount advertised public and collected by the owners of the public transport ports of regional importance and the owners of the ports under art. 107 - 109. "
third. In para. 6 word "water area" is replaced by "operational water area" and a second sentence: "The use under sentence includes:
1. the right to maintain design depths in the operational water area;
2. the ability to have floating hydraulic structures for communication between ship and shore operational water area. "
4. In para. 7 after the words "cargo" insert "be made public."
§ 25. In art. 104 is amended as follows:
1. Paragraph 1 shall be repealed.
2. Paragraph 2 is amended as follows:
"(2) The Minister of Defence and Minister of the Interior determined by regulations organization of work respectively in military and border patrol ports."
§ 26. In Chapter Four in the name of the Section III words "specialized sites for servicing fishing activities" be replaced by "specialized port facilities."
§ 27. In art. 107 word "fishing" is replaced by "fishing" and the words "freight and passenger service and mail" are replaced by "cargo and mail and passenger service."
§ 28. In art. 108, first sentence the words "and boats for coastal and international voyages on water, water sports, tourism and entertainment" are replaced by "and other vessels for sports, tourism and entertainment" and the second sentence after the word "yacht" is added "and other vessels for sports, tourism and entertainment."

§ 29. In art. 111a be made the following amendments:
1. In para. 1 after the word "Special" insert "port", the words "landing places" are replaced by "harbors landing" and the word "places" is replaced by "places".
2. Paragraph 2 is amended as follows:
"(2) Wharf for landing catches of fresh fish or other aquatic organisms is fixed or floating structure or complex of such facilities ashore and / or in the Black Sea or river. River allowing the safe berthing and mooring of vessels and serving solely for landing catches their distribution by type and first sale. "
third. Paragraph 3 is amended as follows:
"(3) Place a temporary shelter for fishing vessels is part of the Black Sea, the river. River or used for shipping rivers that flow into them, where naturally or as a result human activities have created conditions for a temporary stay of vessels in case of bad hydrometeorological conditions or force majeure. "
4. Paragraph 4 is repealed.
§ 30. created art. 111b and 111c:
"Art. 111b. (1) Specialized port facilities are:
1. harbors for ships seasonal passenger;
2. wharves for extracting vessels for special ships within the meaning of Art. 5 of the Merchant Shipping Code and for ships destined for supporting activities; 3
. winter camps.
(2) Wharf for boats seasonal passenger is fixed or floating facility or complex of such facilities ashore and / or in the Black Sea or river. River, allowing the safe berthing and mooring of ships seasonal transport passengers and serving solely for the embarkation or disembarkation of passengers.
(3) Wharf under par. 1 pt. 2 is a fixed or floating facility or complex of such facilities ashore and / or in the Black Sea or river. River, allowing safe berthing, mooring and short standing of mining ships, special vessels within the meaning of Art. 5 of the Merchant Shipping Code and ships designed for supporting activities.
(4) Winter Camp is part of the waters of the river. River, where naturally or due to human activities have created conditions for a temporary stay of ships and other floating facilities in order to protect them from the effects of elemental natural phenomena.
Art. 111c. (1) The Minister of Transport, Information Technologies and Communications determined in accordance with Art. 95, para. 1 requirements for operability of objects of art. 111a and 111b, except created naturally winter camps and hiding places for fishing vessels.
(2) Evidence of operational suitability of the sites under par. 1 shall be issued by the Minister of Transport, Information Technology and Communications or by an authorized official.
(3) The Minister of Transport, Information Technology and Communications or an authorized officer by order suspend the operation of specialized port facility under par. 1 where:
1. object technically does not meet established in accordance with Art. 95, para. 1 requirements for safe berthing and mooring of ships and its intended use;
2. equipment is used in a manner inconsistent with its intended use; 3
. the validity of the certificate of fitness of the facility has expired and for one month owner has not acted for a new certificate.
(4) The order under par. 3 subject to prior performance.
(5) The Minister of Transport, Information Technology and Communications or the authorized official shall revoke an order rendered under par. 3 suspension of the operation of specialized port facility under par. 1 when the grounds for its imposition. "
§ 31. In art. 112 made the following amendments:
1. In para. 1 after the words "under Art. 107-109 "insert" and specialized port facilities. "
2. In para. 2 words "Art. 107 and 108 "are replaced by" Art. 107-109 ". 3
. Paragraph 4 is amended as follows:
"(4) The register of art. 92, para. 4 shall contain the following data on the established specialized port facilities:
1. type and location;
2. owner; 3
. number and date of issue of the certificate of roadworthiness;
4. length of the quay front;
5. act which stipulates the suspension of the operation of the facility;
6. changes in circumstances under p. 1-5;
7. date of cancellation of registration and the reason for it. "
4. In para. 5 Finally, 'or the specialized port facility. "
§ 32. In Chapter Four in the title of Section IV after the word "ports" add "and specialized port facilities."
§ 33. In art. 112a be made the following amendments:

1. In para. 1 the words "national program of art. 103a para. 2 "is replaced by" Strategy for development of the transport system of the Republic of Bulgaria and the General Transport Master Plan of Bulgaria "after" is preceded by "insert" in advance (feasibility) "and the words" development "are deleted.
2. In para. 3, 'development' are deleted. 3
. In para. 6 words "development" are deleted.
4. In para. 7 the word "thrust" is replaced by "detailed" and finally a dash and added "plan for regulation and construction of the port territory and plot plan for the harbor area."
5. Section 8 is repealed.
6. Paragraph 9 is amended as follows:
"(9) visa for the design of the entire port or individual sites and subsites there is a sample of the approved master plan of the port."
§ 34. In art. 112b be made the following amendments:
1. In para. 2, pt. 6 after the word "road" insert "and / or train" after the word "links" insert "of sovereignty or its individual areas."
2. In para. 3, 'the approved national program under Art. 103a para. 2 "is replaced by" documents of art. 112a para. 1 ".
§ 35. In art. 112c be made the following amendments:
1. Paragraph 1 shall be repealed.
2. In para. 2 after the words "or for the extension" comma and the words "reconstruction and rehabilitation" are deleted, the comma after the word "establishment" is replaced by "or" and the words "reconstruction and rehabilitation" are deleted. 3
. A new paragraph. 3:
"(3) Investment projects are coordinated by the Minister of Transport and Communications and approved by the Minister of Regional Development and Public Works or authorized by officials who issued building permit."
4. Former para. 3 becomes para. 4 and in it after the word "port" insert "or a new terminal of the existing port" and the words "bill supplementing Annex № 1" is replaced by "a draft decision to supplement the list of ports under Art. 103a para. 1 pt. 1 ".
§ 36. In art. 112g be made the following amendments:
1. In para. 2 pt. 1, 't. 1, 2, 3 and 4 "are deleted.
2. In para. 3, 'the program under Art. 103a para. 2 "is replaced by" documents of art. 112a para. 1 ". 3
. A new paragraph. 5:
"(5) Investment projects are coordinated by the Minister of Transport and Communications and approved by the Minister of Regional Development and Public Works, which issues a building permit."
4. Former para. 5 becomes para. 6 and in it after the word "port" insert "or a new terminal of the existing port" and the words "bill supplementing Annex № 2" are replaced by "a draft decision to supplement the list of ports under Art. 103a para. 1 pt. 2 ".
§ 37. Article 112e is amended as follows:
"Art. 112e. (1) The construction of new and expansion of existing ports under Art. 107-109 and specialized port objects of art. 111a para. 1 and Art. 111b para. 1 is based on a detailed plan.
(2) The detailed development plan for the construction of new or expansion of existing port under Art. 107-109 is made and approved as a plan for regulation and construction of the port territory, accompanied by communication and transport scheme and plot plan for the harbor area. With parcel plan are determined:
1. location of hydraulic port facilities - fixed and / or floating;
2. the boundaries of the harbor area and the different areas in it; 3
. navigation providing harbor area.
(3) The detailed development plan for the construction of new or expansion of existing specialized port object of art. 111a para. 1 or Art. 111b para. 1 is made and approved as a plot plan for the aquatic environment, accompanied by a specialized circuit. With parcel plan identify the location of specialized port facility and navigation providing water area. Specialized scheme is made on the basis of force for the adjacent territory detailed plan, cadastral map and / or specialized map and it is applied: the location of specialized port facility to shore; the way in which the connection between the dedicated port facility and the beach; access to specialized port facility landward.
(4) The development of the detailed plan under par. 2 and 3 are assigned to the qualified person - designer, a natural or legal person investment initiative for the construction or expansion of an object under par. 1.

(5) The detailed development plan is consistent with the Minister of Transport, Information Technologies and Communications and ports under Art. 107 and objects of art. 111a para. 1 - and the Minister of Agriculture and Food, and approved by the Minister of Regional Development and Public Works or by an authorized officer. "
§ 38. In art. 112e be made the following amendments:
1. In para. 1 after the word "special" insert "port".
2. In para. 4 after the words "Minister of Regional Development and Public Works, which" add "or by an authorized official who." 3
. Paragraph 5 shall be amended as follows:
"(5) The draft detailed plan under par. 4 is made under the provisions of Art. 112e, para. 2 - 4. "
§ 39. In Chapter Four, Section IV is creating art. 112Kids - 112p:
"Art. 112Kids. At the suggestion of the Minister of Transport, Information Technologies and Communications of the Council of Ministers on the seabed and bottom of the Bulgarian section and the flood plain of the river. River may be established construction right when this is necessary to:
1 . construction or expansion of a national entity under the State Property Act - public transport port of regional importance or port under Art. 107-109, in section. H. The operational water area;
2. meeting public needs - construction of new or expansion of existing specialized object of art. 111a para. 1 or Art. 111b para. 1.
Art. 112i. (1) The right of construction for expansion of an existing port for public transport with regional importance of the Port of art. 107-109 or specialized port object of art. 111a para. 1 or Art. 111b para. 1 was established in favor of the owner of the existing port, respectively existing specialized port facility.
(2) The volume of the building right under par. 1 shall be determined in accordance with the approved master plan of the port for public transport with regional importance or approved detailed plan of art. 112e - in all other cases.
Art. 112k. (1) Building rights to build a new port for public transport with regional importance of the Port of art. 107-109 or specialized port object of art. 111a para. 1 or Art. 111b para. 1 shall be established without tender or competition in favor of a person under Art. 112g para. 1, respectively art. 112e, para. 4 and in favor of the municipality.
(2) The volume of the building right under par. 1 shall be determined in accordance with the approved master plan of the port for public transport of regional importance, according to the approved detailed plan of art. 112e - in all other cases.
Art. 112l. (1) The right of construction to build new or expansion of existing port for public transport of regional importance of providing passenger services or specialized port object of art. 111a para. 1 or Art. 111b para. 1 was established in favor of the municipality free of charge. Objects in the first sentence are public municipal property that can not be changed in private.
(2) In all other cases the building right under Art. 112Kids establishes consideration.
Art. 112 m. (1) The Minister of Regional Development and Public Works assigns an independent appraiser to assess the right to build within one month from the entry into force of the order of art. 112a para. 5 respectively of the order approving the detailed plan of art. 112e.
(2) The Minister of Regional Development and Public notify stakeholders on the assessment under par. 1.
Art. 112n. The type of port, respectively purpose of the specialized port facility built or expanded as a result of the right of construction of art. 112Kids can not be changed.
Art. 112o. (1) Decision for reconstruction or rehabilitation of all or part of an existing port for public transport of national importance, except where port concession has been granted shall be adopted by the Management Board of the State enterprise "Port Infrastructure".
(2) The investment project for reconstruction or rehabilitation of all or part of an existing port for public transport of national importance shall be assigned by the State enterprise "Port Infrastructure" or the concessionaire - when the concession contract reconstruction and rehabilitation They are carried out at the concessionaire.
(3) Investment projects are coordinated by the Minister of Transport and Communications and approved by the Minister of Regional Development and Public Works, which issues a building permit.

Art. 112p. For matters relating to the creation, coordination, communication, acceptance, approval and appeal of detailed plans and their amendments as well as the design, approval of investment projects, the issuance of a building permit, construction and commissioning of works under this Act, the provisions of the law on Spatial Planning and regulations for its implementation. "
§ 40. in art. 115, para. 3 pt. 3 words "Art. 63, para. 4 "are replaced by" Art. 63, para. 7 '.
§ 41. In art. 115 meters, par. 1 made the following amendments:
1. In item. 2 the words "and organization of work" are deleted.
2. In item. 3 the words "for public transport with national importance" are replaced by "Art. 93 pt. 1-4. " 3
. In pt. 4, after the words "national importance" insert "and the maintenance of existing and construction of new approach channels, areas approaching and maneuvering areas for serving the public transport ports of regional importance and ports of art. 107-109 ".
4. In pt. 5 preposition "in" is replaced by "territorial sea" and a comma and finally added "except in cases where it was assigned to the Department of Defense."
5. Section 7 is repealed.
6. In pt. 8 finally added "of public transport ports of national importance".
7. At p. 10 finally added "to the public transport ports of national importance".
8. A new item. 12:
"12. construction and maintenance of facilities serving system to control vessel traffic and information system and Bulgarian river information system. "
9. Previous items. 12, 13, 14 and 15 become items. 13, 14, 15 and 16.
10. Previous item. 16 becomes so. 17 and in it the words "security" insert "port areas, which include" and the word "port" is replaced by "port".
11. A t. 18:
"18. perform additional activities under Art. 116a in public transport ports of national importance. "
§ 42. In art. 115o pt. 7 the word "long" is replaced by "seven".
§ 43. In art. 115p para. 7 following amendments and additions:
1. In pt. 5, the words "national program for development of the public transport ports of art. 103a para. 2 "is replaced by" seven-year program for construction, reconstruction, rehabilitation, maintenance, development and management of the infrastructure of public transport ports of national importance ".
2. A p. 10:
"10. discuss the proposals of the Director General to amend the port fees and the Minister of Transport, Information Technologies and Communications take the necessary actions for their change. "
§ 44. In art. 115c be made the following amendments:
1. In para. 1:
a) Section 2 is repealed;
B) The pt. 7 and 8:
"7. grant provided funds (donations);
8. grants under a program of the European Union. "
2. In para. 2 t. 3 is repealed.
§ 45. In art. 115u, para. 1, 'the national program of art. 103a para. 2 "is replaced by" Strategy for development of the transport system of the Republic of Bulgaria and the General Transport Master Plan of Bulgaria "and the word" long "is replaced by" seven ".
§ 46. In art. 116 par. 6 is amended as follows:
"(6) The Minister of Transport, Information Technology and Communications or an authorized officer at the proposal of the Executive Agency" Maritime Administration "by order suspend the activities carried out in violation of para. 5. The order is subject to prior fulfillment. "
§ 47. In art. 116a para. 4 finally put a comma and added "or a State enterprise" Port Infrastructure ".
§ 48. In art. 117a be made the following amendments:
1. In para. 2 after the word "services" add "under Art. 116, para. 3 pt. 2 "and the words" contracts for the provision of port services or "are deleted.
2. In para. 3, after the word "operators" is added "with the right to provide port services under Art. 116, para. 3 pt. 2 ". 3
. Paragraph 4 is amended as follows:
"(4) maritime port and technical services for the operation of which require the use of port territory and / or port facilities at the ports of art. 107-109 are provided by the owners or by persons contracted by them. "
4. In para. 5 'and art. 117b para. 1 and "be replaced by" or "and the comma after the word" concession "is deleted.
5. A par. 6:
"(6) Access to the port services market under art. 116, para. 3 pt. 1 is acquired by entry in the register of port operators. "
§ 49. Article 117b is amended as follows:

"Art. 117b. (1) register of port operators with the right to perform port services under Art. 116, para. 3 pt. 1 with the exception of marine pilotage and technical service to one or more ports fit person:
1. a trader based in the Republic of Bulgaria or in another Member - State of the Union;
2. It is not in liquidation or a similar procedure under national law; 3
. It is not in production bankruptcy or a similar procedure under national law;
4. not been declared bankrupt;
5. no obligations under Art. 162 of the Tax Procedure Code in the state and municipality, established by an act of a competent authority accordingly no liabilities for taxes and social security contributions under the law of the country in which he is established;
6. features:
a) one or more vessels that meet the technical requirements for ship safety and the requirements of Art. 6 of the Merchant Shipping Code;
B) sufficient numbers and with appropriate qualifications seafarers manning of the ship;
7. supports certified management system:
a) quality;
B) the safe operation of ships and the prevention of pollution from ships;
8. kept in readiness for immediate response ships in accordance with the emergency plan at the port and the orders of the officials of the Executive Agency "Maritime Administration".
(2) In addition to compliance with the general requirements persons under par. 1 must demonstrate that they meet and mentioned in the ordinance of art. 117 specific requirements for the respective port service of art. 116, para. 3 pt. 1. "
§ 50. In art. 117c, par. 4 words "the port service of art. 116, para. 2 pt. 1 "is replaced by" marine technical service reception and processing of waste - result of shipping activity. "
§ 51. In art. 122, para. 3, 'the Minister of Transport, Information Technologies and Communications "are replaced by" the Executive Director of the Executive Agency "Maritime Administration".
§ 52. In additional provisions be made the following amendments:
1. In § 1a:
a) the previous text becomes para. 1;
B) a par. 2:
"(2) The plans under par. First be reviewed and approved every three years, as well as changing the type of port, one of the operators of maritime technical service reception and processing of waste - result of shipping activity, or any of the circumstances under Art. 92, para. 5 pt. 2, 3, 4, 5, 6, 8, 9, 10 and 12. "
2. In § 2:
a) section 13 is repealed;
B) in Item. 14 'outside the port "is replaced by" in (internal roads) or outside (external raid) port area ";
In) the item. 14:
"14a. "Berth" is defined area of ​​the Danube in or outside the port area where ships can anchor-out entry, sheltering from the weather, making loading and unloading. "
D) in Item. 18 the word "other" is replaced by "other" and the words "service" are deleted;
E) in Item. 19 finally put a comma and added "as well as fixed and floating hydraulic structures (breakwaters, malls, piers, ferry jacks, pontoons, docks, etc.) that serve to protect the harbor area of ​​wind or wave action or for connection between ship and shore ";
E) in Item. 21 finally added "in the maritime space of the Republic of Bulgaria";
G) the item. 21:
"21a. "Notice to skippers" is a newsletter containing information on the safety of navigation on inland waterways of the Republic of Bulgaria. "
H) the item. 22:
"22a. "Navigation ensuring the harbor area" is a complex of terrestrial and floating navigation signs (illuminated or not emitting or non-broadcast radio), designed to orient ships in approaching or leaving their ports and to designate places of navigational hazard to shipping . ';
) Point 24 shall be repealed;
K) in Item. 26, the words "public transport" shall be deleted;
L) in Item. 29 words "obtained by artificial means" be replaced by "created as a result of human activity," after the word "safe" is added "approaching", the words "standing on a pier" is replaced by "elopement "and finally" or port terminal, "and a second sentence:" the port area includes: area approaching area for maneuvering the vessel and operating the harbor area. "
M) in Item. 31 the word "owner" is replaced by "shipowner"
N) are created ie. 41-50:

"41. "Underwater linear object of the technical infrastructure" is a conduit or network transport services (eg. H. Oil pipeline and product line), heat, gas, water and sanitation, electricity, electronic communications or management of waste, located on the seabed at the bottom and the flood plain of the River Danube or the subsoil thereof.
42. "Port area" is geographically separate region including two or more ports for public transportation, using a common area for maneuvering the ship or common area for approaching and joint raids.
43. "The approach channel" is hydro facility - created as a result of human activity and provided navigational waterway, allowing safe approaching ships to the harbor area and from it.
44. "Zone approaching" is the outer part of the harbor area related approach channel or fairway with the maneuvering area of ​​ships.
45. "Zone maneuvering of ships" is part of the harbor area that connects the area approaching and operating water area and serves as a safe maneuvering (in t. H. Mismatch) from ships when they move to the operational water area and when they leave it .
46. "Operational territorial sea" is part of the harbor area of ​​the adjacent quay wall or other hydraulic equipment for ships and possessing the required size and depth for safe maneuvering and berthing of the largest estimated ship.
47. "Valnolom" Fencing is fixed or floating hydro facility is built or placed in front of the port water area without direct communication with the shore and serves to protect her excitement sediments or ice formation.
48. "Mall" is Fencing fixed or floating hydro facility designed to protect harbor area of ​​excitement and constructed or placed so that one end touches close to the coast and the inner wall can be used for mooring ships and perform handling.
49. "Pirs" is stationary hydro facility built in the operational water area at a certain angle to the shore, allowing safe mooring, berthing and handling of ships.
50. "Seasonal passenger" is passenger transport tourist-entertainment purposes in the internal waters and territorial sea of ​​the Republic of Bulgaria with the distance from the coast within 5 nautical miles or in the Bulgarian section of the Danube carried out in the period from 1 May to October 31 ships which do not fall within the scope of international conventions to which Bulgaria is a party. "
§ 53. Application № 1 to Art. 103a para. 1 pt. 1 is repealed.
§ 54. Application № 2 to art. 103a para. 1 pt. 2 is repealed.
Transitional and Final Provisions
§ 55. In the Merchant Shipping Code (prom. SG. 55 and 56 of 1970 .; corr. SG. 58 of 1970 .; amend., SG. 55 of 1975, pcs. 10 1987 SG. 30 of 1990, pcs. 85 1998 SG. 12 of 2000, No. 41 of 2001 pcs. 113 2002, No. 55 of 2004, pcs. 42, 77, 87, 94 and 104 of 2005, pcs. 30, 62 and 108 of 2006, pcs. 36, 71 and 98 2008 . No.. 12 and 32, 2009, pcs. 85 2010 SG. 92 of 2011, pcs. 38 and 77 of 2012 and SG. 15 of 2013) in art. 362a para. 3 p. 8 is repealed.
§ 56. In the Law on Spatial Planning (prom. SG. 1 2001 .; amend., SG. 41 and 111 of 2001, pcs. 43 2002 pcs. 20 65 and 107 of 2003, pcs. 36 and 65 of 2004, pcs. 28, 76, 77, 88, 94, 95, 103 and 105 of 2005, pcs. 29, 30, 34, 37 65, 76, 79, 80, 82, 106 and 108 in 2006, pcs. 41, 53 and 61 of 2007, pcs. 33, 43, 54, 69, 98 and 102 of 2008, No. . 6, 17, 19, 80, 92 and 93 of 2009, pcs. 15, 41, 50, 54 and 87 of 2010, pcs. 19, 35, 54 and 80 of 2011, pcs. 29 32, 38, 45, 47, 53, 77, 82 and 99 of 2012 and SG. 15 of 2013) the following amendments:
1. In art. 7, para. 1 after the words "protected areas" conjunction "and" is replaced by a comma and the words "damaged areas to restore" a comma and added "territories occupied by water and water bodies and areas of transport."
2. In art. 8 create pt. 6 and 7:
"6. in territories occupied by water objects - for internal waters and territorial sea, the Bulgarian stretch of the Danube, rivers, lakes and reservoirs;
7. in the areas of transport - for republican and local roads, railway infrastructure, ports and airports. "
§ 57. In the Law on the Black Sea coast (prom. SG. 48 of 2007 .; Amend. No. . 36 and 67 of 2008, pcs. 19, 82 and 92 of 2009, pcs. 45 and 82 of 2012) in art. 22, para. 2 pt. 4 words "harbors" are deleted.

§ 58. 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 and SG. 15 of 2013) in art. 281, para. 1 a second sentence: "The design, construction or expansion and exploitation of underwater linear objects of electronic communications, located on the seabed or subsoil within the internal waters, territorial sea, the Bulgarian stretch and in the flood plain of the River Danube also apply specific provisions of the Law on maritime spaces, inland waterways and ports of the Republic of Bulgaria. "
§ 59. The provisions of Art. 52a - 52d apply to have started on the date of entry into force of this law to resolve the elaboration and adoption and approval of detailed plans, as well as development and approval of investment projects and issuing building permits for construction or expanding the underwater linear objects of the technical infrastructure within the internal waters and territorial sea.
§ 60. (1) The provisions of Art. 63, para. 3, 4 and 5, and constructed the date of entry into force of this law on the seabed or subsoil within the internal waters and territorial sea underwater linear objects of technical infrastructure.
(2) Persons who operate facilities under par. 1 provide the Executive Agency "Maritime Administration" details of their routes and safety zones in 6 months after the entry into force of this Act.
(3) The Executive Agency "Maritime Administration" take the necessary action to communicate in a "Notice to Mariners" on the details of routes and safety zones objects under par. 1 to 9 months after the entry into force of this Act, if such disclosure was not done earlier.
(4) State enterprise "Port Infrastructure" provides navigation routes and safety zones objects under par. 1 in cases where it is necessary, within three years of entry into force of this Act.
§ 61. The provisions of Art. 75 para. 2-6 apply to have started on the date of entry into force of this law to resolve the elaboration and adoption and approval of detailed plans, as well as development and approval of investment projects and issuing building permits for construction or expanding the underwater linear objects of the technical infrastructure in the Bulgarian section of the Danube.
§ 62. (1) The provision of Art. 84 apply to the established date of entry into force of this law on the bottom or subsoil in the Bulgarian section and in the flood plain of the River Danube underwater linear objects of technical infrastructure.
(2) Persons who operate facilities under par. 1 provide the Executive Agency "Maritime Administration" details of their routes and safety zones in 6 months after the entry into force of this Act.
(3) The Executive Agency "Maritime Administration" shall arrange for publication in the "Notice to skippers" the coordinates of routes and safety zones objects under par. 1 to 9 months after the entry into force of this Act, if such disclosure was not done earlier.
(4) State enterprise "Port Infrastructure" provides navigation routes and safety zones objects under par. 1 in cases where it is necessary, within three years of entry into force of this Act.
§ 63. The Council of Ministers and relevant ministers bring regulations into compliance with this law within 6 months of its entry into force.
§ 64. (1) The Minister of Transport, Information Technologies and Communications shall submit to the Cabinet a draft decision under Art. 103a para. 2 within two years from the date of entry into force of this Act.
(2) Existing registered public transport ports retain their status pending a decision under Art. 103a para. 2.
(3) Within one month after adoption of the decision under Art. 103a para. 2 Executive Agency "Maritime Administration" officially entered in the register of ports data under Art. 92, para. 5 pt. 3, 4, 9 and 10 existing at the date of entry into force of this Act registered public transport ports.
§ 65. (1) The owners of ports under Art. 107-109 take the necessary action and state of registration under Art. 92, para. 4 data for territory and water area of ​​the port concerned within two years from the date of entry into force of this Act.

(2) After the deadline under par. 1 Executive Agency "Maritime Administration" automatically deleted port of art. 107-109, which was not requested entry of data under Art. 92, para. 5 pt. 3 and 4 in the register of ports.
§ 66. (1) Proceedings on applications for investment initiative under art. 112b or 112g on the date of entry into force of this Act no decision of the interdepartmental expert council to stop bringing the ordinance under Art. 112a para. 6 in accordance with this Act.
(2) submit the draft master plans of public transport ports shall be brought in accordance with this Act and in accordance with Art. 112a para. 6 within three months after the entry into force of the regulation.
§ 67. Existing procedures for coordination of detailed plans of art. 112e until the entry into force of this Act shall be completed under the previous order.
§ 68. Owners of specialized port objects of art. 111a para. 1 and Art. 111b para. 1 declare their rights to registration under Art. 92, para. 4 within one year from the date of entry into force of this Act.
§ 69. The first seven-year program of art. 115u, para. 1 is made for the period from January 1, 2014 to December 31, 2020
§ 70. Persons under Art. 117b apply for entry in the register of port operators within 6 months from the date of entry into force of this Act.
The law was adopted by the 41 th National Assembly on March 6, 2013 and was affixed with the official seal of the National Assembly.
Chairman of the National Assembly Tsetska Tsacheva
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