Law Amending And Supplementing The Law On Commodity Exchanges And Market-Places

Original Language Title: Закон за изменение и допълнение на Закона за стоковите борси и тържищата

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 commodity exchanges and market-places of the Name Bill a bill amending and supplementing the law on commodity exchanges and markets date adopted 27/09/2012 number/year Official Gazette 77/2012 Decree No 330

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending and supplementing the law on commodity exchanges and auction markets adopted by the National Assembly of the HLI 27 September 2012

Issued in Sofia on 1 October 2012.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Diana Kovatcheva

LAW

amending and supplementing the law on commodity exchanges and market-places (official SG. 93 of 1996; amend., SG. 41 and 153 of 1998, no. 18 (1999), no. 20 of 2000, 41/2001, no. 30, 34, 80 and 85, 2006 no. 53 of 2007 No. 42 and 82 from 2009. , PC. 18 and 97 from 2010, PC. 39 and 42 by 2011, and St. 38 by 2012.)

§ 1. In art. 1 Add "as well as the requirements for the operation of the business as a stand-alone entity."

§ 2. In art. 3 (b) the following amendments and supplements shall be made;

1. In the text before point 1, the words "article. 3, al. 1 and art. 3 (a), para. 1 "shall be replaced by" art. 3, al. 1, art. 3 (a), para. 1 and art. 3. "

2. point 2 shall be replaced by the following:

"2. in the case of direct deliveries from a processing plant;".

3. paragraph 3 shall be inserted:

"3. in the case of sales of own products from the place of production."

§ 3. In chapter one creates art. 3 in:

"Art. 3. (1) a private entity is a place which is separated as a warehouse for wholesale of available foods and flowers, different from that under art. 3 and 3A, where trade in foodstuffs is carried out in the name and for the account of the person registered under art. 12 of the law on food and trade with flowers – on behalf and for the account of the merchant.

(2) for carrying out the activity as a standalone object notification is required under the conditions and in accordance with this law. "

§ 4. In art. 8, al. 1 make the following amendments and additions:

1. In paragraph 1, after the words "commodity markets" the Union "and" shall be replaced by a comma, after the words "the markets of producers ' is added and the private objects of art. 3. "

2. In paragraph 3, after the words "commodity markets" the Union "and" shall be replaced by a comma, after the words "the markets of producers" and enter "is added objects of art. 3, after receipt of the notification.

3. a new item 6:

"6. the compulsory requirements given in connection with application of the law;".

4. Current item 6 becomes item 7.

§ 5. In art. 10, para. 1 item 5 is created:

"5. for stand-alone objects of art. 3. "

§ 6. A chapter three "a" with art. 21B and 21 c:

"Chapter three" a "

NOTIFICATION

Art. 21 (b). (1) for carrying out the activity as a separate entity under art. 3 in the merchant submits a written notice to the State Commission on commodity exchanges and auction markets within 14 days of the commencement of the activity.

(2) in the notice referred to in paragraph 1. 1 indicate the UIC of the merchant and for the persons registered in another Member State of the European Union or in another State party to the agreement on the European economic area – another identification code or number, and the address of the site and the types of commodities or commodity groups, which carry out wholesale.

(3) The notification under paragraph 1. 1 shall apply:

1. a document stating the legal basis for the use of the premises in which the activity will be carried out;

2. the documents issued by the competent authority certifying the suitability of the premises, where is carried out wholesale flowers.

(4) the Commission officially required by the Bulgarian Agency for food safety information on circumstances, entered in the register under the law on foodstuffs in cases where the premises under art. 3 in the wholesale trade is carried out with food.

(5) the Commission officially required by the registry Agency:

1. current certificate for entry in the commercial register;

2. organizational act according to the type of salesperson.

Art. 21. (1) persons carrying on business as a stand-alone entity under art. 3 (c), shall notify the Commission of any subsequent change of the stated under art. 21 (b) circumstances within 14 days after the event in question.

(2) the notification shall be made in writing or by electronic means in accordance with the requirements of the electronic document and electronic signature law and the law on e-governance. "

§ 7. In art. 30, para. 1 the words "Union and" shall be replaced by ' Union or of another State party to the agreement ".

§ 8. In art. 52 the following modifications are made:

1. In paragraph 8. 1:

a) point 3 is replaced by the following:

"3. Requests the goods intended for sale on the stock market, be accompanied by the documents of origin and for compliance with the safety requirements;"

(b)) section 5 is repealed.

2. paragraph 4 is hereby repealed.

§ 9. In art. 52A para. 2 is repealed.

§ 10. In art. 55 following amendments and supplements shall be made:

1. In paragraph 8. 2, after the word "cooperatives" shall be inserted "or by natural persons registered under the Act for helping farmers", the word "country" is replaced by "Member State", and add "or of another State party to the agreement on the European economic area.

2. in the Al. 3, after the words "trade law", the word "or" is replaced by a comma, after the words "the law on cooperatives" shall be inserted "or under the law for helping farmers".

§ 11. In art. 57, al. 2, after the words "para. 1 "insert" item 2, 3 and 4 ", and the words" in place of "sales are deleted.

§ 12. In art. 59 the following modifications are made:

1. The first subparagraph of paragraph 1 shall be repealed.

2. paragraph 2 is replaced by the following:

"(2) For contracts concluded on the marketplace and the market the producer deals with legal entities and sole entrepreneurs shall be issued an invoice. For transactions with individuals an invoice shall be issued only upon request by the person. "

§ 13. A chapter 5 ' a ' with art. 63A and 63B:

"Chapter five" a "

REQUIREMENTS TO THE PRIVATE SITES FOR WHOLESALE OF FOOD AVAILABLE AND FLOWERS

Art. 63. (1) persons carrying on business as a stand-alone entity under art. 3 c, are required to provide to buyers: 1. reference the documents accompanying the goods, including documents of origin;

2. documents for the quality characteristics of the goods, in the event that it is presented information about quality characteristics beyond the reference;

3. information on the selling price.

(2) persons operating as a stand-alone entity under art. 3 c, are required to keep and provide the documents referred to in para. 1, paragraphs 1 and 3.

Art. 63B. For transactions with legal persons and sole proprietors one invoice. For transactions with individuals an invoice shall be issued only upon request by the person. "

§ 14. In art. 64, para. 1 the following endorsements are added:

1. In the text before paragraph 1, after the words "market makers" a comma and add "as well as the activities of a private entity under art. 3. "

2. In paragraph 6, after the words "art. 3 (b) "there shall be added" and art. 3. "

§ 15. In art. 64 a, para. 5, after the words "art. 3 (b) "there shall be added" and art. 3. "

§ 16. In art. 65 following amendments and supplements shall be made:

1. In paragraph 8. 1, after the words "art. 3 (b) "there shall be added" art. 3 in the ", the words" article. 8, al. 3 and 4 "shall be replaced by" art. 8, al. 1, item 6, al. 3 and 4, after the words "art. 15, para. 1 "insert" art. 21 (b), art. 21 in ", the words" article. 55, para. 2 and 3 ' shall be replaced by "art. 55, para. 2 "and the words" art. 57, 59 and 60 ' shall be replaced by "art. 57, al. 1, 2, 3 and 4 and al. 2, art. 59, para. 2 and 3, art. 60, art. 63A, al. 1, paragraphs 1 and 3 and art. 63 (b).

2. in the Al. 2 "3500" shall be replaced by ' 500 '.

Transitional and final provisions

§ 17. Persons who, at the entry into force of this Act, carry out wholesale trade with food and flowers available in the private entity, are required to submit a notification to the State Commission on commodity exchanges and auction markets within three months of its entry into force.

§ 18. The Food Act (promulgated, SG. 90 of 1999; amend., SG. 102 by 2003, no. 70 by 2004, no. 87, 99 and 105 by 2005, issue 30, 31, 34, 51, 55, 80 and 96 06, issue 31, 51 and 53 of 2007 No. 36 and 69 since 2008, 23/41, 74 , 82 and 93 from 2009, PCs. 23, 25, 59, 80 and 98 of 2010, PC. 8 by 2011, and St. 54 by 2012.) in art. 30 (b) Al is created. 9:

(9) the Council of Ministers shall determine by regulation the terms and conditions for the construction of a system of rapid reporting under para. 1. "

§ 19. The law shall enter into force on the day of its publication in the Official Gazette.

The law was adopted by 41-Otto National Assembly on 27 September 2012 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

9007