Law Amending The Law On The Organization Of The Black Sea Coast

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

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 the Organization of the Black Sea coast the Name Bill a bill amending and supplementing the law on the Organization of the Black Sea coast of acceptance Date 28/02/2013 number/year Official Gazette 27/2013 Decree No 54

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 the law on the Organization of the Black Sea coast, adopted by the National Assembly of the HLI 28 February 2013.

Issued in Sofia on 11 March 2013.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice:

Diana Kovatcheva

LAW

amending the law on the Organization of the Black Sea coast (promulgated, SG. 48 of 2007; amend., SG. 36 and 67 in 2008, issue 19, 82 and 92 from 2009, no. 45 and 82 by 2012.)

§ 1. In art. 1 item 3 is created:

"3. the conditions and procedures for the carrying out of procedures for determination of the concessionaires and tenants of sea beaches."

§ 2. In art. 2 section 2 is amended as follows:

"2. the provision of free access to marine beaches;".

§ 3. In art. 3, paragraph 2, the words "the line of low-water by the shore" are replaced by "shoreline".

§ 4. In art. 4 is hereby amended as follows:

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

(1) citizens have the right of free access to marine beaches.

(2) the access of citizens to the sea beaches are accessible by the predictions of structural plans, including the parcelarnite plans to build objects of the technical infrastructure, catering to these territories. "

2. in the Al. the words "under para. 1 "shall be replaced by" referred to in art. 6, al. 4 and 5 ".

§ 5. In art. 6 make the following amendments and additions:

1. Paragraph 2 shall be replaced by the following:

"(2) the Sea Beach is a territory, representing a distinct part of the coastal strip, covered with sand, gravel and other sedimentary rock formations, or as a result of natural or artificially induced as a result of human activity processes of interaction of the sea to the Mainland. To the territory of sea Beach and sand dunes, located immediately behind the beach or falling on the Sea Beach.

2. in the Al. 4, item 5, the words "established by" are replaced with "created as a result of".

3. in the Al. 7, second sentence, the word "preparation" is replaced by "award, the creation".

4. Al are created. 8 and 9:

"(8) where, as a result of natural processes of interaction of the sea to the Mainland sea beaches are formed, affecting one or more properties – privately owned, part of the affected property is expropriated pursuant to chapter three of the law on State property at the suggestion of the Minister of regional development and public works.

(9) the creation of specialized maps and registers under para. 7 the authorities by law are assigned to the protection and monitoring of protected areas and protected areas, are required to provide information and/or to indicate the outlines of objects under para. 4, item 3 and 4. "

§ 6. In art. 7 make the following amendments and additions:

1. In paragraph 8. 1, the first sentence after the word "concession" is added to "service", the words "the law on concessions" shall be replaced by the words "this Act", and the words "10 years" shall be replaced by "15 years".

2. paragraph 2 is replaced by the following:

"(2) the concession is granted against the concessionaire's obligation to make payment to the grantor concessionary, provides free and open access on the beach, to carry out the required activities and to put nameplates with schemes of individual areas and the conditions of the concession."

3. Paragraphs 3 and 4 shall be repealed.

4. Paragraph 7 shall be amended as follows:

"(7) Maritime beaches that are not granted a concession or rent shall be announced by an order of the Minister of regional development and public works for unprotected sea beaches annually to 31 May. The order shall be published on the official website of the Ministry of regional development and public works. "

5. Paragraph 8 shall be replaced by the following:

"(8) Sea beaches with surrounding areas within the boundaries of protected areas covered by Annex No. 2 to the law for protected areas, can be maintained and managed by granting a concession or by letting them hire pursuant to the regulation for implementation of the law on State property, if the management plans established under the law on protected areas, implementation of the activities associated with their use for recreational purposes. "

6. Al are created. 9, 10 and 11:

(9) detailed rules for the implementation of the mandatory activities of sea beaches under para. 2, 5, 7 and 8 shall be determined by an Ordinance of the Minister of regional development and public works.

(10) in accordance with the law on concessions be granted concessions for the construction of artificial sea beaches on property-State property.

(11) the sea beaches are not granted a concession or rent in the presence of one of the circumstances under art. 12, al. 2 of the law on concessions. "

§ 7. In art. 8, al. 1 is hereby amended as follows:

1. In paragraph 1, the words "the law on concessions" shall be replaced by the words "this Act".

2. Point 6 is replaced by the following:

6. organize monitoring the execution of the obligations under the concluded concession contracts and contracts for hire. "

§ 8. A chapter in the second "a" in art. 8A-8:

"Chapter two" a "

GRANTING A CONCESSION ON THE SEA BEACH

Art. 8A. (1) a concession for sea beach is granted under the conditions and in accordance with this law by conducting procedure – competition for the establishment of a concessionaire.

(2) the activities of the concession under para. 1 include:

1. preparation of the justification of the concession;

2. carrying out the procedure for granting a concession;

3. conclusion of the concession contract.

(3) the procedure for granting a concession for sea Beach include:

1. the adoption of a decision to open the procedure for granting a concession;

2. conducting a contest to determine the concessionaire;

3. the adoption of a decision for the establishment of the concessionaire.

(4) the duration of the concession shall begin from the day of entry into force of the concession contract and cannot continue.

Art. 8B. (1) the subject of a concession provided for in this law, are the sea beaches with surrounding areas which has a width of up to 200 m.

(2) the object of the concession may include accessories, set out in the decision to open the procedure for the granting of the concession.

Art. 8. (1) the Concessionaire is the person to whom by the conclusion of the concession contract is awarded the concession.

(2) the concession is granted to the participant, won the contest and set for the concessionaire.

(3) where the set for the concessionaire, is a legal person or an association that is not a trader, the concession is granted to a newly formed company in which the legal person is the sole owner of the capital, according to participants in the reunification have all the capital in the ratio of their Treaty of unification. Where the set for the concessionaire, is a merchant, the concession contract may be concluded with a newly formed company, in which the player holds the entire capital, if this is provided for in the competition documentation.

(4) where the set for the concessionaire, is a natural person, the concession is granted to a newly formed company in which the participant is the sole owner of the capital or of the newly registered thereof sole proprietorship.

(5) in the cases referred to in para. 3 and 4 person conclude the concession contract, is bound by the tender to the tenderer designated as the concessionaire.

Art. 8. (1) the Minister of regional development and public works provides the preparation of justification of concession and submit to the Council a proposal for granting a concession on the Sea Beach.

(2) the Minister of regional development and public works or authorized officer entrusted with the preparation of the order justification of concession for sea beach of experts from the Ministry of regional development and public works and/or experts from other ministries and departments, in accordance with their competence and/or external consultants.

(3) the order under paragraph 1. 2 contains:

1. the deadline for the development of the rationale of the concession, which may not be longer than two months;

2. the experts who will be entrusted with the preparation of justification under the conditions and by the procedure for the determination of external experts;

3. the maximum amount of funds for the elaboration of rationale that is spent by the established cost of the concession activity for the year.

(4) the rationale of the concession for the Sea Beach area contains:

1. the purposes and duration of the concession;

2. legal basis for granting the concession;

3. main technical and other characteristics of the object of the concession, including a description of the accessories;

4. Description of the services and activities that can be performed with the object of the concession and the conditions for their execution;

5. analysis of the effectiveness of the concession from the point of view of the grantor;

6. other features of the object of the concession;

7. conclusions and recommendations;

8. annexes, on the basis of which it was drawn up the rationale.

Art. 8 (1) the decision of the Council of Ministers for the opening of the procedure for granting a concession for sea Beach contains the requisites under art. 39, para. 2 of the law on concessions.

(2) the decision on para. 1 shall be published in the Official Gazette and may be appealed against within 10 days from promulgation under Chapter Eleven of the law on concessions.

(3) the period of 14-dneven expiry of the period referred to in para. 2 the decision of the Council of Ministers under para. 1 is sent by the official designated by the Minister of regional development and public works, which organizes the conduct of the contest, for entry in the national concession registry.

Art. 8. (1) the concessionaire of the Sea Beach is determined through competition.


(2) in the contest can participate, any natural or legal person or an Association of such persons.

(3) in the contest can not participate individually or as a member of the Association legal entity:

1. What is declared bankrupt;

2. which is in the process of liquidation;

3. of which a Manager or member of the governing body, and in the event that a member of the governing body shall be a legal person – his representative in the governing body, was convicted by a final judgment for crimes against property, against the holding against financial, tax or social security system (money laundering or fraud), for an offence under or Office for bribery (corruption), as well as for crimes associated with participation in a criminal group.

(4) the procedure for granting a concession can participate individually or as a member of the Commonwealth, which is a natural person:

1. been convicted by a final judgment of a crime under para. 3, item 3;

2. deprived of the right to carry out commercial activities.

(5) By participating in the procedure for granting a concession can be eliminated contestant:

1. in insolvency proceedings;

2. There are obligations for public claims of the State or municipality within the meaning of art. 162, para. 2 of the tax-insurance procedure code, established by an act of the competent authority, unless it is permitted or rescheduling deferment of obligations;

3. There are outstanding amounts owed to employees of an employer;

4. was the concessionaire and the concession contract was terminated his fault;

5. is responsible for professional violations for which the Commission, which organized and conducted the competition, has documentary evidence issued by the competent authority;

6. has not provided all the information required by participants in the procedure for granting a concession, or the information he or she is incorrect or incomplete.

(6) the circumstances referred to in paragraph 1. 2-5 are certified with documents and declarations.

(7) the participant whose application to offer are classified in the first place, is determined for the concessionaire.

Art. 8. (1) the Prime Minister within 7 days from the entry into force of the decision referred to in art. 8 (e) appoint a Commission for the Organization and conduct of the contest, hereinafter referred to as the "selection board" or "the Commission", consisting of: President, Vice-President and three members.

(2) the Chairperson of the selection board is Minister of regional development and public works or an official of the Ministry of regional development and public works, Deputy Chairman and members include representatives of the Ministry of regional development and public works, the Ministry of finance, the specialized administration of the Council of Ministers and the Ministry of the Interior.

(3) the Prime Minister may make changes in the composition of the selection board in the event of the death, prolonged illness or other objective reason leading to the inability of a member to perform his duties, and on his request for release.

(4) the President, the Vice-President and the members of the selection board are obliged to protect the secret of the in relation to the conduct of the competition, for which the information in the appointment you fill out the Declaration.

(5) the selection board shall meet when more than half of its members.

(6) the decisions of the Commission shall be taken by a qualified majority of two thirds of the members present.

Art. 8. (1) the President of the Commission within 7 days from its appointment shall convene a meeting.

(2) at its first meeting the Commission shall:

1. determine the date, place and time of conducting of the competition and the date by which the applications are accepted offers for participation in the contest; the deadline for the submission of applications with quotes may not be less than 30 days;

2. Approves the competition documentation, determines the price and terms of purchase;

3. Approves a model declaration for protection of secret information contained in the documentation;

4. the Commission shall, if necessary, can attract experts and officials of the Ministry of regional development and public works to support its activities, in compliance with the requirements for the protection of secret information;

5. prepare the message for the conduct of the contest, which contains at least:

a) date, place and time of conducting of the competition;

(b) a description of the site of) the concession;

in) the price and method of payment of the competition documentation and place of receipt;

d) requirements for participants in accordance with contest documentation;

(e) other information).

(3) the notice of competition under para. 2, item 5 shall be published on the website of the Ministry of regional development and public works in the day following the holding of the first meeting of the selection board under art. 8 g, para. 1.

(4) The meetings of the Commission shall be taken.

(5) in its work, the Commission may be assisted by appointed by its Chairman at the first meeting officials of the Ministry of regional development and public works.

(6) the President, the Vice-President, the members of the Commission, attracted experts and employees under para. 5 are required to preserve the secrecy of information contained in the proposals, not to export materials to the competition outside the designated place for zasedavane to the Commission and not to give statements to the media before publication in the "Official Gazette" of the decision of the Council of Ministers for the establishment of the successful Contest Entrant, which fill out the Declaration.

Art. 8. (1) where the time limit specified in the notice under art. 8 h, para. 2, item 5, did not offer application, the Commission is entitled to a one-time decision to extend the deadline for their submission within 30 days from the date of publication on the website of the Ministry of regional development and public works of the new deadline.

(2) the competition is held and when there is only one candidate.

(3) the competition shall not be conducted if there is no participating candidates.

Art. 8 c. the competition documentation contains:

1. Description of the object or of its activities – the subject of the concession;

2. requirements concerning the content of the work under the terms of the contest;

3. information on the financial, economic, technological, environmental and other parameters of the object or of its activities – the subject of the concession;

4. legal analysis of the use of the site or of the implementation of the activity;

5. a draft of the concession contract;

6. the amount of the security for the contest and the mode of payment in accordance with the decision referred to in art. 8 e, para. 1;

7. other requirements to the content of the application and the offer.

Art. 8 liters (1) candidates in the present competition within the time limit set by the Commission an application to bid in a sealed envelope in the enforcement of competition conditions. Applications submitted with tenders shall be entered in the registry of the Ministry of regional development and public works and shall be entered in a register in the order of their submission.

(2) the application for participation and application contains detailed documents approved by the Commission in the competition documentation.

(3) To offer candidates apply Declaration indicating which part of the information contained in this listing information is a trade secret.

(4) upon the conclusion of the contract for the concession for the participant designated concessioner is bound by the contents of the offer.

(5) amendments in applications already submitted with bids are not allowed. Applications with quotes, submitted after the time limit fixed by the Commission, will not be accepted and shall not be considered.

Art. 8 m. (1) in the announced day and time to conduct the competition Commission public hearing opens the envelopes in the order of their entry in the register, and shall examine whether the requirements of the competition documentation.

(2) on the day under par. 1 in private session the Commission shall conduct an evaluation and ranking of requests to tenders in accordance with the evaluation criteria set out in the decision of the Council of Ministers for the initiation of the proceeding, and the competition documentation.

(3) exceptionally, for more suggestions or in case of great complexity and/or volume of tenders, the President of the Commission shall determine the period of time up to 7 days for familiarization with all offers.

Art. 8. (1) the Commission shall draw up a report, a draft decision of the Council of Ministers and a Protocol on the results of the contest within 10 days of its completion.

(2) the Council of Ministers shall adopt a decision determining the winner participant, which shall be promulgated in the State Gazette. The decision authorizes the Minister of regional development and public works to conclude the concession contract on behalf of the grantor with the successful tenderer.

(3) the decision on para. 2 subject to appeal on its legality by the procedure of the law on concessions within 10 days of its publication in the Official Gazette.

(4) the period of 14-dneven expiry of the period referred to in para. 3 the decision of the Council of Ministers under para. 2 shall be sent by the person designated by the Minister of regional development and public works, which organizes the conduct of the contest, for entry in the national concession registry.

Art. 80. (1) the Minister of regional development and public works and the winning contest participant shall conclude a concession contract within one month from the entry into force of the decision referred to in art. 8 h, para. 2.

(2) upon refusal of conclusion of the contract the winning contest participant lose the guarantee of participation in the contest.

(3) For the outstanding cases by the conclusion, implementation and termination of the concession contract shall apply mutatis mutandis the provisions of the law on concessions and the regulation for its implementation. "

§ 9. In art. 10 make the following amendments and additions:

1. In paragraph 8. 1 the words "sand dunes" are deleted.

2. in the Al. 2 paragraph 1 shall be repealed.

3. in the Al. 3:

a) in item 2 letters "a", "b", "c" and "d" are hereby amended:

"a density of development) (p insurance.) -up to 10 per cent;


(b)) minimum landscaped area (ozel) – at least 80 percent, with half of it must be assured for woody vegetation;

the nature of the development) – low, with a height up to 6 m;

(d)) in the construction of green areas – parks and gardens, where construction is allowed without changing the intended use of the networks and facilities of technical infrastructure, detected objects for sports or cultural activities, playgrounds, monumental-decorative, informational and promotional items – auxiliary buildings and equipments to outdoor sites for sports or cultural activities can take up to 10 percent of the surface area of a regulated land property and to have the height up to 6 m; "

b) point 3 is replaced by the following:

"3. the placement of mobile objects of urban furnishings — Metro stops to the mass public transport, monumental-decorative elements, benches, lighting, information boards, containers for waste collection, water fountains, fountains and clocks;"

in) in paragraph 4, the words "under para. 4, item 5 – 7 ' shall be replaced by "under para. 4, item 5 – 8 ".

4. in the Al. 4 point 8 is created:

"8. the construction of underground ducts, networks and facilities of the technical infrastructure."

5. Create a new para. 5 and 6:

"(5) by the Ordinance under art. 7, para. 9 identify the activities referred to in para. 4, which may be carried out on the territory of sea beaches that are not granted a concession or rent.

(6) the area of the active Beach area at al. 4, item 1 for freedom of placement of beach accessories by visitors is equivalent as access to the sea to areas with the concessionaire or charterer Beach gear, which provides for a consideration to the visitors on the beach. The zone is indicated on the beach and the signs placed by the concessionaire or by the lessee on the Sea Beach.

6. The current paragraph. 5 it al. 7 and in it:

a) in paragraph 1 the word "area" is replaced by "active Beach area", and the word "area" is replaced by "active area" beach;

b) in paragraph 2 the word "area" is replaced by "active Beach area", and the word "area" is replaced by "active Beach area".

7. a para. 8:

"(8) To fast food establishments under para. 4, item 2 is allowed the use of additional retail space on the beach outside the area under para. 7, which may not take up more than 2 percent of the active Beach area – for the beaches to 40 acres, and more than 1 per cent – on the beaches over 40 acres. "

8. The current paragraph. 6 it al. 9.

§ 10. Art is created. 12 (a):

"Art. 12. The device and the development of land, parts of which are simultaneously in the security zones "a" and "b" are determined by a detailed plan – a plan for the regulation and construction. In accordance with the ustrojstvenata zone in which falls the portion of land property, with the plan for regulation and construction within the boundaries of regulated land property are determined sub-area within the scope of the security zone "a" with the limit indicators of construction according to art. 10, para. 3 and sub-area within the scope of the security zone "b" with the limit indicators for development in accordance with art. 12. The permissible construction in each one of the zones is determined on the basis of the area of the land property falling within the sub-area concerned. "

§ 11. In art. 13 make the following amendments and additions:

1. Paragraph 3 is replaced by the following: "(3) the placement of mobile objects and installations in the territory of the sea beaches, including additional trade or area under art. 10, para. 8, and in the territory of the local entities of national importance shall be authorized by the Chief Architect of the municipality on the basis of the scheme, approved by the Minister of regional development and public works. "

2. Al are created. 4-7:

"(4) in estate planning in area" b "allow placement of mobile objects, if not exceed those laid down in the detailed plan development indicators – building density, coefficient of intensity of construction, and not reduced the defined minimum landscaped area.

(5) delivery portable objects and equipment in al. 3 connect with existing networks and facilities of technical infrastructure with temporary connections that fit in the authorisation for the placing under art. 56, para. 2 of the law on spatial planning.

(6) delivery portable objects and installations in the territory of the sea beaches, as well as those located in zone a and zone b, which do not qualify under para. 3 and 4 and in article 5. 10, para. 3, item 3, shall be abolished in accordance with art. 57A of the spatial planning act.

(7) the authorisations for the placing of delivery portable objects and constructions of sea beaches are issued once for the duration of the concession or rent and are valid until the expiry of the concession, respectively rent or a change of the scheme under para. 3. "

§ 12. In art. 15, second sentence, add "and geozaŝitni measures and activities".

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

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

(1) detailed plans for areas falling within zone a and zone b, shall be adopted by the municipal expert advice on spatial planning.

(2) the composition of the Council under paragraph 1. 1 must include representatives of regional departments of the Ministry of environment and waters, Ministry of agriculture and food, the Ministry of health, representatives of the Ministry of Defense, Ministry of Interior, Ministry of transport, information technology and communications and the relevant regional Governor, a representative of the Chamber of architects in Bulgaria and of the Chamber of engineers in investment design and representatives of the municipal administration by order of the Mayor of the municipality under art. 5, al. 4 of the law on the territory. "

2. Paragraphs 3 and 4 shall be repealed.

§ 14. In art. 17 the following amendments and supplements shall be made:

1. The current text becomes paragraph 1 and in her words "forests and lands of the forest fund" shall be replaced by ' plots in forest areas ".

2. a para. 2:

"(2) except in the cases referred to in paragraph 1. 1, change the designation of agricultural land and land plots in forest areas is carried out on the basis of which entered into force a detailed plan for:

1. objects of national importance;

2. national entities within the meaning of the law on State property;

3. sites of regional importance;

4. municipal objects of primary importance;

5. objects — publicly owned;

6. sites with certificate of investment class under the investment promotion Act;

7. objects of technical infrastructure;

8. Special items relating to the defence and security of the country;

9. sites in areas of targeted support from the State of the law on regional development, on the basis of the decision of the Municipal Council;

10. real cultural values. "

§ 15. In chapter three are creating art. 17A:

"Art. 17. (1) it shall be prohibited for the construction and placement of mobile objects and facilities, the change of the designation and establishment of limited real rights over the sand dunes within the boundaries of the zone a, zone b or in urban areas of the settlements after the boundaries of the zone "a", except in cases where by a detailed plan provided for the construction of:

1. objects of national importance;

2. objects of technical infrastructure;

3. Special items relating to the defence and security of the country.

(2) the prohibitions in art. 10, para. 2 and art. 11, para. 2 apply to the objects referred to in paragraph 1. 1. "

§ 16. In art. 18, al. 1 is hereby amended as follows:

1. In paragraph 2, the word "territory" shall be replaced by "the whole territory".

2. point 4 shall be replaced by the following: "4. the specialized detailed development plans under art. 111 of the spatial planning act. "

§ 17. In art. 19, para. 2 in the first sentence add "or by the Mayor of the municipality, after consultation with the Minister of regional development and public works" and the second sentence shall be deleted.

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

1. Paragraph 1 shall be amended as follows:

"(1) to the General and detailed plans under art. 18, al. 1, 2 and 3 are made special schemes for the adjacent territorial sea. "

2. in the Al. 2:

and in the text) before item 1, the words ' paragraph 1 ' shall be deleted;

b) in point 1 the words "and bathing" are deleted.

3. Paragraph 3 is replaced by the following:

"(3) the schemes referred to in para. 1 be adopted and approved as part of the General and detailed plans by the procedure of art. 19, para. 3 and 4. "

§ 19. A chapter four "a" with art. 22 (a) – 22 (e): "chapter four" a "

FINANCE AND CONTROL

Art. 22. (1) the revenue from the concession payments and from rental of sea beaches shall be allocated as follows:

1. fifty per cent of the amount of payment concessions and fifty per cent of the rental cost is transferred to the budget of the municipality in whose territory is situated the beach; the municipality reported on your budget amount of payment concessions translated as revenue from concessions;

2. ten percent of the rental fee is transferred to the budget of the district in whose territory is situated the beach.

(2) cash proceeds from concession payments and rent on the sea beaches, as well as penalties, guarantees and benefits from the sale of participation documentation for entering as revenue in the budget of the relevant Ministry or Department.

(3) income Received under para. 1, item 1 be expended for:

1. development of adjacent territories of sea beaches;

2. provision of transport links with local roads as well as hiking and cycling paths near the sea beaches pursuant to art. 14, para. 1;

3. placement of warning signs and sanitary maintenance of neohranâemite beaches, located on the territory of the municipality;

4. the forced removal of portable objects and constructions of sea beaches under art. 57A of the spatial planning act;

5. cleaning and disposal of waste from marine beaches, declared unprotected.

(4) the received revenue from sale of sea beaches under para. 1, item 2 shall be expended for:

1. procedures for renting sea beaches;


2. control of the execution of contracts for the rental of sea beaches;

3. placement of warning signs and sanitary maintenance of neohranâemite beaches, located on the territory of the municipality, for which there is no revenue in the Al. 1, item 1;

4. secure with mandatory activities of neohranâemite beaches by the order of the Ordinance under art. 7, para. 9.

(5) the financing of activities of sea beaches of the concession shall be carried out in accordance with the law on concessions.

Art. 22B. (1) the monitoring of the implementation of contracts for the rental of sea beaches include routine monitoring of the implementation of the terms of the rent and the obligations of the lessee under the lease as provided for therein.

(2) the current control for the implementation of the concluded lease agreements is carried out by the authority which has concluded the contract for rent.

Art. 22. (1) depending on the number of controlled rental agreements, the type of the objects and their location from the territorial body that organizes the control of their implementation, shall appoint one or more committees for the control.

(2) the authority under para. 1 issued an order by which defines:

1. the President and Vice-President of the Commission;

2. the nominal composition of the other members of the Commission.

(3) in the composition of the Commission is unable to participate, a person who:

1. are there claims of the rent, subject to the control of the Commission;

2. the person is associated within the meaning of the commercial code with a tenant who is party to a contract, subject to the control of the Commission, or his subcontractor.

Art. 22. (1) the Commission shall adopt rules for its work, which shall be approved by the authority which appointed it.

(2) to conduct meetings on a schedule approved by the body which has appointed it.

(3) the Commission shall meet when control more than half of its members and adopt its decisions by a majority of more than half of its members.

Art. 22 (1) to have the following functions:

1. carry out verification and analysis of documents to take account of the results of the implementation of the obligations of the lessee, set out in the lease;

2. does a planned on-the-spot checks carried out on the basis of previously agreed schedule;

3. makes extraordinary on-the-spot checks – in case of need;

4. making suggestions to the body organising the control of the hire contract;

5. adopts decisions on other matters relating to implementation, amendment and termination of contracts;

6. the competent authorities shall refer – in breach of regulations found;

7. proposes that the body organising the control of execution of the contract, the award of the third parties of the implementation of certain expert or technical activities related to the control activity.

(2) in carrying out its activities, the members of the commissions for control shall have the right to:

1. free access to the control objects of the rent;

2. request and examine documents, data, information and reports related to the execution of the lease;

3. to require from the parties written explanations in connection with the execution of the lease. "

§ 20. In art. 23, after the word "fine" is added "at a rate of 1000 to 10 000 LEVs.", and the words "EUR 10000" is replaced by "from 10 000 to 50 000 EUR".

§ 21. Art is created. 24A:

"Art. 24. For the extraction of sand from beaches and sand dunes natural persons are punished with a fine from 500 to 5000 BGN, and for sole traders and legal persons having penalty payment of up to 10 000 BGN, if not subject to more severe punishment. "

§ 22. In art. 25 al. 1 and 2 are amended as: "(1) the acts for the establishment of offences under this law, unless otherwise provided by law, shall be established by:

1. officials of the respective municipal administrations, established by the Mayor of the municipality;

2. officials designated by the Minister of regional development and public works;

3. officials appointed by regional governors, where district governors are empowered by the Minister of regional development and public works.

(2) the penal provisions shall be issued by:

1. the Mayor of the municipality;

2. the Minister of regional development and public works or by officials authorised by him;

3. District Governors – in cases where the acts establishing the administrative violations are composed of officials at al. 1, item 3. "

§ 23. In § 1 of the additional provisions are made the following amendments and additions:

1. Create new item 3 and 4:

"3. the" coastline "is the line of intersection of the surface of the land with the water level at the time of measurement.

4. "sand dunes" are entities formed by back filling the sands under the influence of the wind. The main types of dunes are emerging mobile Dune, mobile (white) dunes, fixed dunes with grass vegetation (grey dunes) and the obleseni dunes. "

2. The former item 3 and 4 shall become item 5 and 6.

3. Create is point 7 and 8:

"7." additional trade area "is part of the active Beach area on the beach around mobile fast food outlets under art. 10, para. 4, paragraph 2, of which allowed the deployment of portable podiums with awnings, umbrellas, tents, and other devices with sunscreen, folding tables and chairs for consumption.

8. "Vodnoatrakcionni services" are services associated with the use of watercraft for sports, tourism and entertainment for a fee and submitted by the procedure of art. 5, al. 4 of the law on maritime space, inland waterways and ports of the Republic of Bulgaria. "

Transitional and final provisions

§ 24. (1) the General and detailed plans for the territory of art. 3, item 1, approved until entry into force of this law shall have effect.

(2) until the entry into force of regulations under art. 10, para. 3, paragraph 2, (a) – (d) in accordance with § 9, paragraph 3, subparagraph (a) of this law for common projects and detailed development plans, whose construction was authorized by the order of the spatial planning act or law on the Black Sea coast, as well as draft amendments to the existing detailed development plans for the territory of art. 3, paragraph 1, whose production is allowed with prescription by the competent authority, shall be completed in accordance with the provisions in force.

(3) stop applying detailed development plans for construction in land plots within the zone a, zone b or in urban areas of the settlements after the boundaries of the zone "a" in the falling sand dunes, except in the cases under art. 17A.

§ 25. (1) Ongoing and outstanding until the entry into force of this Act, proceedings for coordination and approval of investment projects and the issue of building permits shall be approved under the current conditions, and in the previous row.

(2) the date of commencement of production investment project approval and issuance of a building permit shall be the date on which the investment central project coordination and approval by the competent authority. For the initiated proceedings shall also be considered the availability of agreed by the competent authority conceptual investment project at the date of entry into force of this law.

(3) to reflect on the limits of the sand dunes in the cadastral map and in specialized maps and registers under art. 6, al. 7 coordination and approval of investment projects and the issue of building permits shall be made after a written statement of the Minister of environment and waters or an official authorised by him, certifying that the property not covered sand dunes.

(4) does not reconcile and approve investment projects and does not issue building permits for construction in land plots within the zone a, zone b or in urban areas of the settlements after the boundaries of the zone "a" in the falling sand dunes, except in the cases under art. 17A.

§ 26. (1) Approved, pending the entry into force of this law the schemes for mobile objects in area "a" and "b" zone shall comply with the requirements of this Act within one year of its entry into force.

(2) delivery portable objects allowed by previous order, which do not meet the requirements of this Act and of the approved scheme under art. 13, para. 3 shall be removed by the owners of the land property within one year of its entry into force. After this period, the objects are removed by the order of art. 57A of the spatial planning act.

§ 27. Started to the entry into force of this law, preparatory actions and open procedures for granting a concession on the completed previous row.

§ 28. Applicable to the entry into force of this law, the concession contracts for marine beaches run at current conditions and in the previous row.

§ 29. For the outstanding issues are subject to the provisions of the law on concessions and the regulation for its implementation.


§ 30. The boundaries of the zone "a" and "b" set out in art. 10 and 11, have an impact on cadastral maps in the cadastre and land registry or cadastral plans approved under the repealed law on the single cadastre of the people's Republic of Bulgaria (promulgated, SG. 35 of 1979; amend., SG. 102 of 1981, no. 45 of 1984, no. 104 of 1996; OTM. No. 34 of 2000) and the law on territorial and urban drive (official. , SG. 29 of 1973; Corr, PCs. 32 of 1973; amend., SG. 87, 1974, St. 3 and 102 from 1977, PCs. 36 since 1979, PCs. 3 of 1980, PCs. 45 of 1984, ISS. 19 of 1985 PCs. 36 of 1986, PCs. 14 of 1988, PCs. 31 of 1990; Corr, PCs. 32 of 1990; amend., SG. 15 of the 1991 issue. 63 of 1995, PCs. 104. Since 1996, PCs. 41 and 79 since 1998; Corr, PCs. 89 of 1998; amend., SG. 124 and 133 of 1998, PCs. 26 and 86 in 1999, PC. 14 and 34 of 2000; OTM, PCs. 1 of 2001), and on plans and maps, approved pursuant to the law on ownership and use of agricultural land Act and the restoration of ownership on forests and lands of the forest fund – in accordance with § 4 of the transitional and concluding provisions of the law on cadastre and land registry.

§ 31. Within one year of the entry into force of this law, the Ministry of environment and waters provide the Agency of Geodesy, cartography and cadastre information about coverage of the sand dunes in the cadastral map and in specialized maps and registers under art. 6, al. 7. Within 6 months after the provision of the information the boundaries of sand dunes are reflected in the cadastral map and specialized maps and registers.

§ 32. In the law on State property (official SG. 44 of 1996; amend., SG. 104 of 1996, no. 55, 61 and 117 of 1997 No. 93 and 124 of 1998 No. 67 of 1999, no. 9, 12, 26 and 57 in 2000, issue 1 and 38 since 2001, no. 45 of 2002, no. 63 of 2003. , PC. 24 and 93 in 2004, PCs. 32. Since 2005, PCs. 17, 30, 36 and 64, 105, 2006, issue. 41, 59, 92 and 113 of 2007, PC. 52 and 54 since 2008, PCs. 10, 17, 19, 33 and 41 of the 2009 PCs. 18 and 87 from 2010, PC. 19 and 47 by 2011, and St. 45 and 82 by 2012.) in art. 7 make the following amendments and additions:

1. In paragraph 8. 5, after the words "on the estate –" insert "exclusive".

2. in the Al. 6 the words "and on the objects or properties – exclusive State property" shall be deleted.

§ 33. In the spatial planning Act (promulgated, SG. 1 of 2001; amend., SG. 41 and 111 since 2001, 43/2002, no. 20, 65 and 107 since 2003, no. 36 and 65 since 2004, no. 28, 76, 77, 88, 94, 95, 103 and 105 by 2005, issue 29, 30, 34, 37, 65, 76 , 79, 80, 82, 106 and 108, 2006, issue. 41, 53 and 61 of 2007, PC. 33, 43, 54, 69, 98 and 102 by 2008, PCs. 6, 17, 19, 80, 92 and 93 of the 2009 PCs. 15, 41, 50, 54 and 87 from 2010, PC. 19, 35, 54 and 80 by 2011. 29, 32, 38, 45, 47, 53, 77, 82 and 99 by 2012 and St. 15 of 2013) make the following additions: 1. In art. 127:

a) in al. 1 in the first sentence, after the word "plans" insert ", to be published in the website of the municipality and";

(b)) in the Al. 6 creating a fourth sentence: "the approved general plan shall be published on the website of the municipality";

the Al is created.) 11:

"(11) the general arrangement plans approved by the Minister of regional development and public works, shall be published on the Internet pages of the Ministry of regional development and public works and of the municipality."

2. In art. 128, para 2 second sentence is created: "the project for detailed plan shall be published on the website of the municipality."

3. In art. 129 creates al. 5:

"(5) the approved detailed site development plans under para. 1 and 2 shall be published on the website of the municipality. "

§ 34. In the Environmental Protection Act (promulgated, SG. 91 of 2002; Corr. 98/2002; amend., 86/2003, no. 70 by 2004, no. 74, 77, 88, 95 and 105 by 2005, issue 30, 65, 82, 99, 102 and 105 of 2006, issue 31, 41 and 89 of 2007, issue 36 , 52 and 105 of 2008, PCs. 12, 19, 32, 35, 47, 82, 93 and 103 of 2009, PCs. 46 and 61 from 2010, PC. 35 and 42 by 2011, issue. 32, 38, 53, and 82 by 2012 and St. 15 of 2013) in art. 82 is hereby amended as follows:

1. In paragraph 8. 4, second sentence, the words ' the opinion or decision "shall be replaced by the words" the final opinion or solution. "

2. in the Al. 5, second sentence, the word "Decision" shall be replaced by "the final decision".

§ 35. In the law for protected areas (official SG. 133 of 1998; amend., SG. 98 (1999), no. 28, 48 and 78 of 2000, issue 23, 77 and 91 of 2002, no. 28 and 94 of 2005, no. 30 and 65 by 2006, no. 24 and 62 by 2007, no. 36 and 43 of 2008. , PC. 19, 80 and 103 of 2009, PCs. 19 of 2011 and PCs. 38 by 2012.) in art. 13, para. 1 the words "Notwithstanding the provisions of other laws," shall be deleted.

§ 36. In the law on biological diversity (edu., SG. 77 of 2002; amended and 88/105 by 2005, issue 29, 30, 34 and 80 of 2006, issue 52, 53, 64 and 94 in 2007, 43/2008 19/80 and 103/2009, no. 62 and 89 from 2010, issue 19 and 33 by 2011. , PC. 32, 59 and 77 by 2012 and St. 15 of 2013) make the following changes and additions:

1. In art. 11, para. 2 the word "four" is replaced by "six".

2. In art. 31:

(a)) in the Al. 16, the word "Decision" shall be replaced by "the final solution";

(b)) is hereby set up al. 24:

(24) the competent authority shall suspend the procedure, where it finds that the plan, program or project investment proposal affecting land within the boundaries of the zone a, zone b or in urban areas of the settlements after the boundaries of the zone "a" under the law on the Organization of the Black Sea coast, in the falling sand dunes, except in the cases under art. 17 (a) of the same law. "

§ 37. In the law for the protection of agricultural land (official SG. 35 of 1996; amend., SG. 14 and 26 of 2000, issue 28 of 2001, 112/2003, no. 18, 29 and 30, 2006, and 13/64 since 2007, 36 and 43 of 2008., no. 10 and 103 of 2009. , PC. 87 from 2010, PC. 19 and 39 from 2011, issue. 22, 38 and 91 by 2012.) in art. 23 Al is created. 4:

(4) there shall be no promote sites and/or trails to design and change of function of agricultural land within the boundaries of the zone a, zone b or in urban areas of the settlements after the boundaries of the zone "a" under the law on the Organization of the Black Sea coast, in which, according to the opinion of the Minister of environment and waters or an official authorised by him falling sand dunes except in the cases under art. 17 (a) of the same law. "

§ 38. (1) Ongoing and outstanding until the entry into force of this law the procedures for approval of sites and/or trails to design and change of function of agricultural land, which are contrary to the provisions of art. 23, para. 4 of the Act on protection of agricultural land shall be terminated.

(2) Launched and outstanding until the entry into force of this Act are the procedures by which no decision of the Commission under art. 17, al. 1 of the law on the protection of agricultural land on the playground and/or layout design and to change the destination, or the decision on the change of status has not entered into force.

§ 39. In the law on Forests (official SG. 19 of 2011; amend., SG. 43 from 2011, issue 38, 60, 82, and 102 from 2012 and 2013 15) made the following changes and additions:

1. In art. 54 Al is created. 4:

"(4) are not set up right on the land plots in forest areas where the special law was introduced banning works."

2. In art. 73:

(a)) in the Al. 1, item 1, the words "and electrical equipment" shall be replaced by ' facilities, as well as on site energy projects within the meaning of the Energy Act ";

(b)) is hereby set up al. 8:

(8) there shall be no change of the intended use of land plots in forest areas within the boundaries of the zone a, zone b or in urban areas of the settlements after the boundaries of the zone "a" under the law on the Organization of the Black Sea coast, in which, according to the opinion of the Minister of environment and waters or an official authorised by him falling sand dunes, except in the cases under art. 17 (a) of the same law. "

3. In art. 75:

(a)) in the Al. 2 item 4 is created:

"4. the opinion of the Minister of environment and waters or an official authorised by him – for property under art. 17 (a) of the Act on the Organization of the Black Sea coast; "

(b)) in the Al. 3 creates a new third sentence: "the authority under para. 1 immediately terminates if, in the opinion of Pará. 2, item 4 in the land property within sand dunes, except in the cases under art. 17 (a) of the device on the Black Sea coast ", and the sentence becomes the third fourth sentence.

4. In art. 79:

(a)) in the Al. 2, item 1, the words "in accordance with the law on State property" shall be deleted;

(b)) created new al. 3 and para. 4 and 5: "(3) in the cases referred to in para. 2, item 1 the Minister of agriculture and food, awarded to an independent assessor to prepare a market valuation of the property being sold. The value of the consideration for the evaluation included as fee due in order for sale.

(4) the selling price of land in the forest territories, whose purpose is changed, may not be lower than the tax assessment of the property.

(5) upon transfer of ownership shall be paid at the rate overheads 2 per cent on the sale price. ';

in the past) Al. 3 it al. 6;

d) creates is al. 7:

(7) there shall be no sale of land plots in forest areas with changed purpose falling within the boundaries of the zone a, zone b or in urban areas of the settlements after the boundaries of the zone "a" under the law on the Organization of the Black Sea coast, in which, according to the opinion of the Minister of environment and waters or an official authorised by him falling sand dunes. "

5. In art. the words ' 85 art. 79, para. 3 "shall be replaced by" art. 79, para. 6. "


§ 40. (1) Ongoing and outstanding until the entry into force of this law the procedures for exclusion of areas of forest fund under § 5 of the law on forests, within the limits of the zone a, zone b or in urban areas of the settlements after the boundaries of the zone "a" under the law on the Organization of the Black Sea coast, in which, according to the opinion of the Minister of environment and waters or an official authorised by him falling sand dunes shall be terminated.

(2) Ongoing and outstanding until the entry into force of this law, the procedures in § 5, para. 3 or under art. 79 of the law on forests for sale, falling within zone a, zone b or in urban areas of the settlements after the boundaries of the zone "a" under the law on the Organization of the Black Sea coast, in which, according to the opinion of the Minister of environment and waters or an official authorised by him falling sand dunes, are suspended.

(3) the right of persons under para. 2, in whose benefit has been changed to the intended use of the property, shall be extinguished. The amounts paid for the cost of changing the intended use of the property under para. 2 shall be reimbursed from the State budget, and those who have entered in State-owned enterprises under art. 163 of the Act on Forests shall be reimbursed by the companies.

§ 41. Initiated and outstanding until the entry into force of this law, the procedures for establishing the right to build on land properties in forest areas without changing the intended use of the territory falling within the provisions of art. 54, para. 4 of the law on forests, are suspended.

§ 42. Paragraph 9, paragraph 3, subparagraph (a) shall enter into force two years after the promulgation of the law in the Official Gazette.

The law was adopted by 41-Otto National Assembly on 28 February 2013 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

2118