Name of law a law amending the law on the control of narcotic substances and precursors of the Name Bill a bill amending and supplementing the law on control of narcotic substances and precursors of acceptance Date 17/10/2012 number/year 2012 Official Gazette Decree No 83/371
On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria
To be published in the Official Gazette the law amending the law on the control of narcotic substances and precursors, adopted by the National Assembly of the HLI 17 October 2012.
Issued in Sofia on October 26, 2012.
The President of the Republic: Rosen Plevneliev
Stamped with the State seal.
Minister of Justice: Diana Kovatcheva
amending the law on the control of narcotic substances and precursors (promulgated, SG. 30 of 1999; amend., 63/2000, no. 74, 75 and 120 of 2002, no. 56 of 2003, issue 76, 79 and 103 by 2005, issue 30, 75 and 82 of 2006, no. 31 and 55 of 2007. , PC. 36, 43 and 69 since 2008, PCs. 41, 74, 82 and 93 from 2009, PCs. 22 of 2010; Corr, PCs. 23 of 2010; amend., SG. 29, 59 and 98 of 2010 and PC. 8, 12, 60 and 61 by 2011.)
§ 1. In art. 4 al. 1 shall be amended as follows:
(1) the lists referred to in art. 3, al. 2 contain generally accepted international non-proprietary name (INN) of the substances and other names: generic, trivial, acronyms, code and/or names according to the nomenclature of the International Union of pure and applied chemistry (IUPAC).
§ 2. In art. 9 in paragraph 1 shall be replaced by the following:
"1. the proceeds from the fees for the issuing of licences for activities under art. 35, para. 1; ".
§ 3. In art. 21 Finally, a comma and add "and control of the implementation of art. 29 (e) ".
§ 4. In art. 22 the following amendments and supplements: 1. The current text becomes paragraph. 1.
2. a para. 2:
"(2) the Bulgarian Agency for food safety to the Minister of agriculture and food, supervise the activities of marketing and processing of hemp seed other than for sowing, for the manufacture of animal feed, as well as on the subsequent sale her."
§ 5. The title of chapter IV shall be replaced by the following: "prohibitions and restrictions of the plants, substances and preparations in the list under art. 3, al. 2, item 1 ".
§ 6. In art. 29 following amendments and supplements shall be made:
1. Paragraph 2 shall be replaced by the following:
(2) imports of hemp seeds not intended for sowing, shall be carried out only by persons who have received a licence of the importer to import hemp seed other than for sowing. The licence shall be issued by the Minister of agriculture and food. "
2. Al are created. 3-5:
"(3) in the Ministry of agriculture and Forests shall keep a register of importers under para. 2.
(4) the importers of hemp seed other than for sowing may be:
1. legal persons or sole-Commer CE, registered under the commercial law or under the legislation of another Member State of the European Union;
2. a cooperative registered under the law on cooperatives;
3. companies and firms within the meaning of the law on obligations and contracts with the seat and address of management in the territory of the Republic of Bulgaria, received registration as producers and/or traders of feed in accordance with the requirements of the law to feed.
(5) the conditions and procedure for issue of licence to the importer to import hemp seeds not intended for sowing and for implementation of the importers of the processing and marketing of seeds are determined by an Ordinance of the Minister of agriculture and food. "
§ 7. Create art. 29A-29 (e):
"Art. 29. (1) a licence to the importer to import hemp seeds not intended for sowing, annually, within January 10 persons shall submit an application to the Minister of agriculture and food under the conditions and by the order of the Ordinance under art. 29, para. 5.
(2) an application under subsection. 1 apply a document certifying that the applicant has a private or rented warehouse for storage of seeds of hemp, not intended for sowing, provided with category I systems for the physical protection of the site.
(3) Applications under paragraph 1. 1 shall be examined by the Commission, appointed by order of the Minister of agriculture and food. The Commission shall inform the applicant in writing for established in the application and submitted to it documents incompleteness and/or inaccuracy. Within 14 working days of receipt of the notification, the applicant shall remove the incompleteness and/or inaccuracy.
(4) following examination of the application and documents submitted to it, the Commission shall draw up a proposal to the Minister of agriculture and food for a licence of the importer to import hemp seeds not intended for sowing, or ordering the withdrawal.
(5) on the basis of the proposal referred to in paragraph 1. 4 the Minister of agriculture and food issues:
1. the import licence the importer of hemp seed other than for sowing;
2. the warrant of surrender.
(6) the order under paragraph 1. 5, item 2 shall be notified and may be appealed pursuant to the administrative code.
(7) the period of validity of the licence to the importer to import hemp seeds not intended for sowing is one year from the date of issue.
Art. 29B. persons approved under art. 29, para. 2, are required:
1. to store documents for imports of hemp seeds not intended for sowing and for their realization to the end user for a period of 5 years from the date of importation;
2. to place on the market seed of hemp, not intended for sowing as feed material only where, on the date of formation of the shipment in a third country, the raw material is included in the catalogue of feed materials in the European Union;
3. to provide anytime access to the supervisory authorities to the storerooms under art. 29 (a), para. (2);
4. for each consignment imported hemp seeds not intended for sowing, within one month after the implementation of treatment and/or disposal to the final customer to provide the Bulgarian Agency for food safety information for:
and the way of processing) seed;
(b) the quantities of seed), realized as a feed material;
c) the quantities of compound feedingstuffs produced from seed, as well as the realized quantities of these feed.
Art. 29. (1) for imports of hemp licence is issued by the Minister of agriculture and food importers:
1. authorised under art. 29, para. 1 – for products under art. 157, paragraph 1, points (a) and (b) of Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (single CMO Regulation) (OJ L 299/1 of 16 November 2007), hereinafter referred to as "Commission Regulation (EC) No 1234/2007";
2. holding a licences of importer to import hemp seeds not intended for sowing under art. 29, para. 2 – for products under art. 157 (1) (c) of Regulation (EC) No 1234/2007.
(2) a licence for the importation of hemp faces the Al. 1 submit an application to the Minister of agriculture and food.
(3) an application under subsection. 2 shall apply:
1. a single identification code (UIC) under the law on the commercial register or the code BULSTAT;
2. the original and a certified translation of the document of origin of hemp and hemp seed, as well as the certificate of analysis of the tetrahydrocannabinol content, stating that its contents in plants, from which are derived the seed under 0.2%;
3. the original of the technical description of the process of processing the import of hemp seeds not intended for sowing, together with their content in the final product (the ratio of seed in mixtures);
4. copy of a document made by laboratory analysis, issued by the Executive Agency on sortoizpitvane, being tried out and seed (IASAS) to actual germination capacity of seeds of hemp, not intended for sowing;
5. a declaration in a form with which the importer undertakes within 6 months from the date of issue of the licence under paragraph 1. 1 imported hemp seeds not intended for sowing may be mixed with seed, hemp, which is not in a mixture intended for animal feed, as after mixing the quantity of hemp seed does not exceed 15 per cent of the total mixture;
6. a notarized power of attorney – where the documents are to be submitted by an authorised person.
(4) the licence referred to in paragraph 1. shall be issued within one month from the date of submission of the application.
(5) the period of validity of the import licence for hemp is 6 months from the date of issue.
(6) where the importer does not comply with the requirements of art. 29 and/or attached to the application documents referred to in paragraph 1. 3 are incomplete and/or incorrect, the Minister of agriculture and food motivated refuses to issue a licence for the importation of hemp. The refusal shall be notified and may be appealed pursuant to the administrative code.
Art. 29. (1) there shall be no release for free circulation of hemp seeds not intended for sowing, germination over 10 per cent.
(2) upon the import of hemp seeds not intended for sowing IASAS performs laboratory testing of seed for examination of their actual germination. For the laboratory analysis of the importer shall be issued in writing and document the results shall be notified to the Customs Agency.
(3) For carrying out the analysis under paragraph 1. 2 Customs Agency allowed representatives of the IASAS for sampling from the lot, under the customs warehousing procedure.
(4) in the event that the result of laboratory analysis shows a germination above 10 per cent, the importer shall, at its own expense, to submit the batch:
1. heat treatment to lower the germination;
2. destruction under customs supervision;
3. the re-export to a third country.
(5) the sampling for determining the germination of the seeds in accordance with the requirements of the law on seeds and propagating material and batch processing under customs control shall be carried out to implement the requirement for germination under para. 1 after each lower germination Protocol shall be drawn up for the change in the weight of the lot.
Art. 29 e. imports of hemp seed other than for sowing shall be permitted only through border inspection posts, approved by decision 2009/821/EC of 28 September 2009 on drawing up a list of border inspection posts, the establishment of certain rules on the inspections carried out by the veterinary experts of the Commission, and the establishment of veterinary units in TRACES (OJ L 296/1 of 12 November 2009). "
§ 8. In art. 101 after the words "art. 29 "is added" and 29 in.
§ 9. The Minister of agriculture and forests issued the Ordinance under art. 29, para. 5 within three months after the entry into force of this law.
§ 10. In the feed (official SG. 55 of 2006; amend., 36/54 and 100 from 2008 and 41/88 by 2010 and 8 of 2011) in art. 52 Al is created. 4: "(4) the import of hemp seeds not intended for sowing is carried out by the importers received licences under art. 29, para. 2 and art. in 29 of the law on control of narcotic substances and precursors. "
The law was adopted by 41-Otto National Assembly on 17 October 2012 and is stamped with the official seal of the National Assembly.
President of the National Assembly Tsetska Tsacheva: