Law Amending And Supplementing The Law On Forests

Original Language Title: Закон за изменение и допълнение на Закона за горите

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Name of law Law amending and supplementing the law on forests Named Bill WALL of the law on Forests adopted 25/07/2012 number/year Official Gazette 60/2012 DECREE No. 304

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 Forests adopted by the National Assembly of the HLI 25 July 2012.

Issued in Sofia on 2 August 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 Forests (promulgated, SG. 19 of 2011; amend., SG. 43 from 2011 and 38 by 2012)

§ 1. In art. 13 the following endorsements are added:

1. In paragraph 8. 2 Add "and include forest territories – Government property, and those owned by individuals, legal persons and their associations, with a total area of 2 hectares, inclusive."

2. in the Al. 3, after the word "property" is added "by 2".

3. in the Al. 7 creates the second sentence: "the development of forestry plans for forest areas – the property of natural persons, legal persons and their associations, with a total area of 2 hectares, including being awarded at the same time as inventory under art. 16, al. 1 and is financed from the State budget. "

4. in the Al. 11 Add "and/or in the relevant State-owned enterprise under art. 163.

5. a para. 14: "(14) in the event that natural persons, legal persons and their associations – owners of forest areas with a total area of 2 hectares, including not wanting to use the photo under para. 7 forestry plan, they awarded the drafting of the forestry program at their own expense. "

§ 2. In art. 39 following amendments and supplements shall be made:

1. The current text becomes paragraph 1 and in her words "chattels and ' shall be deleted.

2. a para. 2:

"(2) the Executive Director of the Executive forest agency dispose of movables gratuitously – State ownership when disposition is between the Executive forest Agency, its structures and specialized territorial divisions."

§ 3. In art. 41 following amendments and supplements shall be made:

1. In paragraph 8. 4 the word "annually" is deleted.

2. a para. 5:

"(5) the starting price for the conduct of the tender for the lease of land in the forest territories – Government property, may not be less than that specified by the order of the Ordinance under art. 86, para. 2 price. "

§ 4. In art. 43, para. 4, after the words "para. 4 "there shall be added" and 5 ".

§ 5. In art. 54 following amendments and supplements shall be made:

1. In paragraph 8. 1:

a) in item 3 creates a letter "g":

"(g)) zooveterinarni and technical equipment;"

b) point 4 shall be replaced by the following:

"4. the oil pipelines, heat, gas, and oil products pipelines, aboveground and underground equipment for hydraulic structures for the production of electricity;"

in t. created) 5 and 6:

"5. the above-ground and underground equipment for hydraulic structures, water pipelines and sewage systems with a diameter of over 1500 mm;

6. stations and pillars of the existing lifts and tows, which are tolerable construction sites in the territory, including for the purpose of major repairs, reconstruction, replacement and/or upgrading – for up to 20 years. "

2. in the Al. 2, item 2 (b), after the words "item 4" a comma and add "5 and 6".

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

1. In paragraph 8. 1, item 1 Finally a comma and add "letter" a "and art. 54, para. 1, item 4, 5 and 6 ".

2. in the Al. 3:

a) point 1 shall be amended as follows:

"1. a sketch of the property or sketch-a project of the area of cadastral map or a map of restituted property, a sample of the cadastral reference directory or from the map of restored property with property data and lots of them;"

b) item 3 shall be:

"3. the opinion of the regional forest Directorate, issued on the basis of the documents referred to in paragraphs 1 and 2."

§ 7. In art. 56 following amendments and supplements shall be made:

1. In paragraph 8. 1:

(a)) in the text before paragraph 1, after the word "construction" is added "under art. 54, para. 1, paragraphs 1 and 2, paragraph 3, point (g), item 4, 5 and 6;

b) point 1 shall be amended as follows:

"1. a sketch of the property or sketch-a project of the area of cadastral map or a map of restituted property, a sample of the cadastral reference directory or from the map of restored property with property data and lots of them, or composite sketch, containing the same data;"

c) in paragraph 4, after the words "biodiversity" and "Union" is replaced by "or".

2. in the Al. 6 the second sentence is deleted.

§ 8. In art. 57 following amendments and supplements shall be made:

1. a new paragraph. 3:

"(3) the date determined by the procedure of art. 86, para. 3 value of wood from forest territories – State property, over which the right is established, do the revenues of the State-owned enterprise under art. 163. "

2. The current paragraph. 3 it al. 4. § 9. In art. 59, para. 2 creates a second sentence: "the construction of such objects is allowed after issuance of building permit."

§ 10. In art. 60 is made the following changes and additions:

1. In paragraph 8. 1, after the word "incorporated" is added "consideration".

2. a new paragraph. 3:

"(3) the Production and disposal of wood from sites under art. 59, para. 2 shall be carried out after the issuance of a building permit. "

3. The current paragraph. 3 it al. 4.

4. Al are created. 5 and 6:

"(5) wood from plots in forest areas, on which it is established free of charge right under art. 55, para. 2, is the property of:

1. the State Enterprise – land – State property administered by State enterprises under art. 163;

2. the municipality – for land properties-municipal property.

(6) the Production and disposal of wood under para. 5 are organized by the State enterprise or municipality. "

§ 11. In art. 61 following amendments and supplements shall be made:

1. In paragraph 8. 1:

a) point 1 shall be amended as follows:

"1. above-ground and underground equipment for hydraulic structures, water pipelines and sewage systems below 1500 mm in diameter, as well as overhead and underground power lines, cables, and other leading and taking equipment of technical infrastructure;"

(b) in point 3) add "– for a period of up to 30 years."

2. a new paragraph. 2:

"(2) the Easement on the land plots in forest areas may be established for maintenance of overhead and underground equipment for hydraulic structures, water pipelines and sewage systems with a diameter of over 1500 mm, oil pipelines, gas pipelines, heat and oil products pipelines, aboveground and underground hydraulic structures for the production of electric energy."

3. The current paragraph. 2 it al. 3.

§ 12. In art. 62 following amendments and supplements shall be made:

1. In paragraph 8. 1:

a) in paragraph 1 the words "para. 2 "are replaced by" para. 3 ";

b) in paragraph 2 the words "para. 2 "are replaced by" para. 3. "

2. in the Al. 3:

a) point 1 shall be amended as follows:

"1. a sketch of the property or sketch-a project of the area of cadastral map or a map of restituted property, a sample of the cadastral reference directory or from the map of restored property with property data and lots of them;"

b) item 3 shall be:

"3. the opinion of the regional forest Directorate, issued on the basis of the documents referred to in paragraphs 1 and 2."

§ 13. In art. 63 following amendments and supplements shall be made:

1. In paragraph 8. 1, item 1, the words "para. 2 "are replaced by" para. 3. "

2. in the Al. 2:

a) point 1 shall be amended as follows:

"1. a sketch of the property or sketch-a project of the area of cadastral map or a map of restituted property, a sample of the cadastral reference directory or from the map of restored property with property data and lots of them, or composite sketch, containing the same data;"

b) in paragraph 4, after the words "biodiversity" and "Union" is replaced by "or".

3. in the Al. 6 the second sentence is deleted.

4. a new para. 10:

"(10) the date determined by the procedure of art. 86, para. 3 and 4, the value of the wood from the forest territories – State property, over which the easement is established or such arises pursuant to special laws, the revenue goes into a State-owned enterprise under art. 163. "

5. The current paragraph. 10 it al. 11.

§ 14. In art. 64 following amendments and supplements shall be made:

1. In paragraph 8. 1 the word "occurred" is replaced by "that arise".

2. paragraph 2 is replaced by the following:

"(2) the adoption of a detailed plan for easements under para. 1 is allowed after notification to the persons under art. 62, para. 1. "

3. a new paragraph. 3:

(3) paragraph 2 shall not apply to the sites of national importance or municipal objects of primary importance within the meaning of the law on the territory. "

4. The current paragraph. 3 it al. 4 and in her words "servitude established" are replaced by "easement".

§ 15. In art. 66, after the words "para. 1 "insert" and 2 ".

§ 16. In art. 67, after the words "para. 1 "insert" and 2 ".

§ 17. In art. 68, after the word "easements" added "or arise by virtue of special laws".

§ 18. In art. 69, para. 1 in paragraph 2 shall be added at the beginning "of public authorities carrying out control activities and environmental protection – when it's related to their activities, as well as".

§ 19. In art. 70 is made the following changes and additions:

1. In paragraph 8. 1 paragraph 1 shall be replaced by the following:

"1. the Minister of agriculture and food – in the cases under art. 69, para. 1, 2 and 3; ".

2. in the Al. 2:

(a)) in the text before paragraph 1, after the words "sketch of the property" there shall be added "or sketch-project" and after the words "the map of restored property" is added "agreed by the relevant regional forest Directorate, and evaluation of the property";

(b) in item 2), after the words "biodiversity" and "Union" is replaced by "or";

in point 3) shall be replaced by the following:

"3. prepared and approved project in accordance with the statutory requirements for reclamation of Brownfields — when the activity for which a right of use, is associated with the withdrawal of the superficial layer;"

d) item 4 shall be inserted:


"4. the unconditional bank guarantee breaking even for the implementation of the project referred to in paragraph 3 in the amount of the total cost of the rehabilitation and the basic price of the property on which the right of use shall be determined by the order of the Ordinance under art. 86, para. 2 issued in favour of the owner or of the State-owned enterprise under art. 163 when the activity for which a right of use, is associated with the withdrawal of the superficial layer; the guarantee shall be released within one month following adoption of rehabilitation. "

3. in the Al. 3 the words "the person referred to in paragraph 1. 1 "shall be replaced by the words" authority under art. 69, para. 2 "and the words" within one month from the date of its receipt "shall be deleted.

4. in the Al. 4 the second sentence is deleted.

§ 20. In art. 71, para. 1 the words "relating to prospecting and exploration of natural resources in accordance with the law on mineral resources" shall be replaced by "referred to in art. 69, para. 1, item 1.

§ 21. In art. 73 following amendments and supplements shall be made:

1. In paragraph 8. 1:

a) in paragraph 1, after the word "undertakings" shall be inserted "and farms for rearing animals, fish and other aquatic animals" and the words "with the exception of the steps of the elektroprovodnite pillars" are deleted;

b) in paragraph 3 the word "adopted" is replaced by "acting";

in point 4) shall be replaced by the following:

"4. the creation or expansion of individual estate planning, which has entered into force:

a) detailed plan – for implementation of projects for the provision of social services, resident and social services from specialized institutions;

(b) a general development plan) – otherwise; ".

2. Paragraph 4 is replaced by the following:

(4) Change of use of land plots in forest areas under para. 1, item 3 and item 4 (b) shall be carried out after the applicant has acquired the right of ownership of property. "

3. a para. 7:

"(7) for a period of up to 30 years is not allowed to change the functional purpose of objects, built on land whose purpose was changed pursuant to para. 1, item 4 (a). "

§ 22. In art. 75, para. 2, paragraph 1, after the words "sketch of the property" there shall be added "or sketch-project".

§ 23. In art. 77 is hereby amended as follows:

1. In paragraph 8. 1 item 5 shall be amended as follows:

"5. enforceable administrative acts issued in accordance with Chapter vi of the environmental protection act or pursuant to the law on biodiversity, or the opinion of the competent authority on the environment in both the law;".

2. in the Al. 3 the second sentence is deleted.

§ 24. In art. 78, para. 2 the word "issue" is replaced by "communication".

§ 25. In art. 80 create al. 3 and 4:

"(3) wood from plots in forest territories, whose purpose was changed without charge under art. 78, para. 4, is the property of:

1. the State Enterprise – land – State property administered by State enterprises under art. 163;

2. the municipality – for land properties-municipal property.

(4) the Production and disposal of wood under para. 3 are organized by the State enterprise or municipality. "

§ 26. In art. 81, para. 3, paragraph 4, after the words "biodiversity" and "Union" is replaced by "or".

§ 27. Article 85 shall be replaced by the following:

"Art. 85. The acts referred to in art. 56, para. 3, art. 63, para. 4, art. 70, para. 3, art. 77, para. 2 and art. 79, para. 3 shall be published on the website of the Publisher of the Act in accordance with the Law on the protection of personal data. "

§ 28. In art. 86 Al are created. 4, 5, 6 and 7:

"(4) the provisions of para. 3 shall also apply to the preparation of assessments for determining compensation for easements arising in forest areas under special laws.

(5) upon change of status, the formation or the occurrence of easements, as well as in the establishment of limited real rights over forests – State and municipal property, the price must be paid for compensatory afforestation, determined annually by order of the Minister of agriculture and food.

(6) the price under para. 5 enters the revenue of:

1. the State enterprise under art. 163 – forest – State property;

2. the municipality – forest – municipal property.

(7) Paid under para. 6 price spent only for creating new forests. "

§ 29. In art. 88, para. 5 create item 4 and 5:

"4. the plantations of fast-growing species, gorskod″rvesni created on agricultural land or urbanized areas with short term cultivation for the production of special wood; the time limit for the raising of gorskod″rvesnite species is determined by the Ordinance under art. 18, al. 1;

5. areas within the boundaries of easements of hidromeliorativnite facilities in accordance with the provisions of a special law shall not be permitted on the tree and shrub vegetation. "

§ 30. In art. 95, para. 2 section 2 is amended as follows:

"2. the establishment, approval, registration, and cancellation of the sources of the forest base, Orchard collection and extraction of forest reproductive material, grading, and import trade; '.

§ 31. In art. 96 Al are created. 3 and 4:

"(3) in the public register under subsection. 2 fit and state forestry and public hunting grounds – suppliers of forest reproductive material.

(4) on the basis of an act of the European Commission, Minister of agriculture and food may, under the conditions and by the order of the Ordinance under art. 95, para. 2, item 2, to: 1. authorise the production with a view to marketing of forest reproductive material, deviating from the minimum requirements set out in the Ordinance under art. 95, para. 2, item 2, where their origin is naturally adapted to the local and regional conditions and threatened by genetic erosion;

2. authorises the placing on the market of the territory of the Republic of Bulgaria of the forest reproductive material intended for testing, scientific purposes, selection or genetic conservation, as well as generative units not intended for forestry;

3. the authorized imports of forest reproductive material, the requirements for marketing of the Ordinance under art. 95, para. 2, item 2;

4. it is prohibited throughout the territory of the Republic of Bulgaria or parts of it trade with a specific end user forest reproductive material for seeding or planting. "

§ 32. In art. 101, para. 3. t 6 is created:

"6. the conditions and procedures for the conduct of sečite within the boundaries of rivers."

§ 33. In art. 102 the following endorsements are added:

1. In paragraph 1, after the word "brezovite" is a comma and add "the Willow".

2. In point 2 Add "except those of hornbeam.

§ 34. In art. 104, para. 1, item 1, after the word "Poplar" comma "and added," the Willow lipovite.

§ 35. In art. 105 Item 9 shall be established:

"9. the utilization of timber in areas within the limits of the easements of the hidromeliorativnite facilities in accordance with the provisions of a special law shall not be permitted on the tree and shrub vegetation."

§ 36. In art. 111 following amendments and supplements shall be made:

1. Paragraph 2 shall be replaced by the following:

"(2) the yield of wood from forest areas is carried out by dealers, registered in the public register under art. 241, except in cases where:

1. mining is carried out independently by individuals in their own forests;

2. the production shall be carried out by individuals who have purchased standing wood to root for personal use by State or municipal forests without the right of sale. "

2. Al are created. 3, 4, 5, 6 and 7:

(3) individuals with al. 2, item 2 purchasing wood from forest areas owned by the municipality in which it is their permanent address, and where this is not possible – from State-owned forest areas.

(4) the amount of timber that may be harvested pursuant to para. 2, item 2, shall be determined:

1. by decision of the Municipal Council – on forest territories – municipal property;

2. the Director of the State-owned enterprise under art. 163 for any territorial unit on the proposal of the directors of the State-owned forest farms and state hunting grounds – on forest territories – Government property;

3. the Director of the study experienced forestry – forest territories, submitted their management.

(5) in accordance with the quantity allocated under para. 4 mayors of municipalities or settlements shall draw up lists of individuals who have the right to purchase wood from forest areas in accordance with para. 2, item 2. When the wood is purchased from State-owned forest territories, lists shall be approved by the Director of the territorial division of the State enterprise or the experimental forestry.

(6) in the lists referred to in paragraph 1. 5 fit the full name, permanent address of not more than one member of the household, as well as the quantity of wood, which he has the right to purchase. The total quantity of wood, which the members of a household can buy for one calendar year, up to 10 cubic meters.

(7) the extraction of timber in accordance with para. 2, item 2 shall be carried out only in plantations, in which it is intended:

1. conducting felling in forests otgledni visokost″bleni with age to 60 years;

2. sanitary and technical felling;

3. conducting felling in izd″nkovite forests for conversion into the seed and in the niskost″blenite forests;

4. sanitary cleansing. "

§ 37. In Chapter five, section I create art. 116 (a) and 116 (b):

"Art. 116. (1) except in the cases under art. 116 State enterprises under art. 163 may conclude contracts for a period of up to 15 years for the sale of standing timber of root of up to 10 percent of annual use of the State-owned enterprise, but not more than 20 per cent of annual use of wood from each individual State Government forestry or hunting, with traders:

1. entered in the public register under art. 241;

2. eligible under art. 115, para. 1, item 2.

(2) the conditions and procedures for the conduct of the procedure and for the conclusion of contracts referred to in paragraph 1. 1 shall be determined by the Ordinance under art. 95, para. 1.


Art. 116 (b). (1) for the performance of assigned with the activities or events provided for in the approved financial plans, State-owned enterprises under art. 163 and their territorial subdivisions can extract wood from forest territories – Government property provided to manage them.

(2) Wood under para. 1 can be used for:

1. construction of buildings and facilities under art. 54, para. 1, item 3;

2. construction of objects of art. 153, para. 1;

3. building a landfill fire;

4. maintenance of real estate that are not forest territories and benefit from the State-owned enterprise and its territorial divisions.

(3) for the use of wood in the Al. 1 and 2, the State-owned enterprise or its territorial division brings in funds ' investments in forests "means the amount determined by the Ordinance under art. 179, para. 1.

(4) the yield of wood under para. 1 is carried out after the decision of the Governing Board of the State-owned enterprise and may be carried out by awarding the order of the Ordinance under art. 95, para. 1 or independently by State forestry and public hunting grounds.

(5) the Governing Council of State Enterprise shall take a decision for the extraction of wood under para. 1 on the basis of a written request from:

1. the Director of the State forestry or hunting farm state – when the wood is necessary for the purposes of territorial division;

2. the Director of the State enterprise – in other cases. "

§ 38. In art. 120 following amendments and supplements shall be made:

1. In paragraph 8. 1.1 the hyphen and the words "by the order of the Ordinance under art. 95, para. 1 ' shall be deleted.

2. a para. 5:

"(5) the use of non-timber forest products from the forest territories – State and municipal property, under para. 1, paragraphs 1 and 3 shall be carried out by the order of the Ordinance under art. 95, para. 1. "

§ 39. In art. 124 s. 6 is repealed.

§ 40. In art. 126 al. 1, 2, 3, 4 and 5 are repealed.

§ 41. In art. 127 create al. 3 and 4:

"(3) the competent authority for the implementation of Regulation (EC) no 995/2010 (EU) of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products (OJ L 295/11 of 12 November 2010), hereinafter referred to as" Commission Regulation (EU) no 995/2010 ", is the Executive forest Agency.

(4) for the application of Council Regulation (EC) no 995/2010 for the export of untreated and treated wood Customs Agency makes a list of the numbers and the transport tickets, which transported the wood. The list is provided on a monthly basis to the Executive forest Agency. "

§ 42. In art. 139 following amendments and supplements shall be made:

1. Create a new para. 2 and 3:

"(2) the implementation of the activities referred to in para. 1, item 1 and 2 in the forest territories – State property, the State-owned enterprises under art. with 163 contracts.

(3) Production in the execution of contracts under para. 2 wood is owned by the owner of the territory, to the person to whom it is provided. "

2. the Previous para. 2, 3 and 4 shall become respectively al. 4, 5 and 6.

§ 43. In art. 148 al. 7 shall be amended as follows:

(7) traffic on forest roads of vehicles other than those referred to in paragraph 1. 1 shall be carried out under conditions and by an order determined by the Ordinance under para. 11. Movement in the forest areas of sports bikes and four-wheel motor vehicles (ATV) is done only in forest roads and trails, which are specifically indicated in the order determined by the Ordinance under para. 11. access with bikes, as well as access to riding in forest areas, is free with the exception of the cases when it is limited as provided in the law. "

§ 44. In art. 155 creates al. 5:

"(5) the draft regulations under para. 4, item 2 shall be drawn up by the Ministry of agriculture and food. "

§ 45. In art. 156 following amendments and supplements shall be made:

1. The current text becomes paragraph 1.

2. a para. 2:

"(2) for consideration of applications for change of use of land plots in forest areas, uedrâvane, disposition and Constitution of limited real rights over forest territories-State property, the Executive forest Agency collects levies fixed by tariff of the Council of Ministers."

§ 46. In art. 158, para. 4, after the words "art. 156 "added al. 1. "

§ 47. In art. 165 para. 5 shall be amended as follows:

(5) Public forest holdings may operate independently:

1. the activities under art. 89 and activities for the protection of forest areas by the fires;

2. the growth of young plantations and crops without material extraction and pruning;

3. marking of trees for plantations and logging;

4. the extraction of wood up to 25 percent of annual use of the relevant territorial unit – under conditions determined by the Ordinance under art. 95, para. 1, and after consultation with the Minister of agriculture and food or an official authorised by him;

5. extraction of wood damaged by abiotic and biotic factors and impacts for the mastering has been granted prescription under art. 131, para. 2 by lesozaŝitna station. "

§ 48. In art. 174, para. 3, after the word "participants" are added "and entities" and after the word "inventory" the comma shall be replaced by "and" and the words "and execution" shall be deleted.

§ 49. In art. 176, para. 1 the following endorsements are added:

1. In paragraph 1, after the word "products" is a comma and add "the price paid for the carrying out of grazing in the forest territories – Government property".

2. In paragraph 7 the end a comma and add "as well as funds for compensatory afforestation and the value of the wood under art. 57, al. 3 and art. 63, para. 10. "

§ 50. In art. 179, para. 2 Finally a comma and add "design and construction of techno-fortification facilities".

§ 51. In art. 187 creates al. 3:

"(3) in the forest territories – the property of natural persons, legal persons and their associations, with a total area of 2 hectares, including action on al. 2 are organized and financed by State-owned enterprises under art. 163. "

§ 52. In art. 188 al. 1 shall be amended as follows:

(1) the prevention and identification of disturbances in forest areas is carried out by staff appointed by:

1. State-owned forest farms and hunting grounds for State-owned forest territories, submitted for the management of the State-owned enterprises under art. 163, as well as for the territories under art. 187, para. 3;

2. training experienced forestry – forest territories, submitted their management;

3. the municipalities – forest owners – on forest areas – their property. "

§ 53. In art. 190, para. 2 creating 12:

12. stop vehicles carrying wood and non-wood forest products, to verify their origin. "

§ 54. In art. 191 the following endorsements are added:

1. In paragraph 8. 2 after the figure "8" and 12 "is added".

2. in the Al. 3 after the figure "8" and 12 "is added".

§ 55. In art. 193, para. 3, after the words "its" structures "is added to the central offices of the State-owned enterprises under art. 163.

§ 56. In art. 197 create t. 15:

15. "have the rights under art. 200, para. 1, item 5 and 6. "

§ 57. In art. 198, para. 2, paragraph 1, point (b), the words "and work experience of at least three years ' shall be deleted.

§ 58. In art. 201, para. 4, the words "para. 1 "shall be replaced by" art. 197 and forest inspectors ".

§ 59. In art. 211, para. 4, the words "under the conditions and the procedure of the law for the protection of the agricultural property" shall be deleted.

§ 60. Art is created. 211 (a):

"Art. 211. (1) non-wood forest products, which are the subject of business, as well as Christmas trees are transported together with transport ticket for non-wood forest products by model.

(2) the transport tickets in al. 1 shall be issued by:

1. authorized by the Director of State forestry officials, public hunting grounds and training experienced forestry farms – for non-wood forest products derived from forest areas, in exercising their duties;

2. persons exercising lesov″dska practice – for non-wood forest products derived from their own forests, as well as of forest territories for which they are authorised by the owner;

3. an official designated by the Mayor of the municipality – for non-wood forest products obtained outside forest areas. "

§ 61. In art. 212 after the word "wood" is added "and non-wood forest products" and the word "this" is deleted.

§ 62. In art. 213 following amendments and supplements shall be made:

1. The current text becomes paragraph 1 and it creates item 4:

4. non-wood forest products, which are the subject of business, as well as of Christmas trees – unaccompanied with a transport ticket for non-wood forest products. "

2. a para. 2:

"(2) prohibits the use of wood in the rough of the categories big wood and medium wood-III class sortimentnost for the production of energy from biomass."

§ 63. In art. 233, para. 1, item 6, the words "forest road" are replaced by "provisional" forest.

§ 64. In art. 234 following amendments and supplements shall be made:

1. Create a new para. 4 and al. 5:

"(4) the persons referred to in para. 1 who are directors and employees in offices in Central and territorial divisions of the State-owned enterprises under art. 163, cannot exercise lesov″dska practice in forest territories – owned by municipalities, physical, legal persons and their associations on the territory of the State-owned enterprise, in addition to the service.

(5) the persons under art. 182 cannot exercise lesov″dska practice in forest areas in the territory of the municipality, except in Office. "

2. The current paragraph. 4 it al. 6 and in her words "para. 2 and 3 ' shall be replaced by "para. 2, 3, 4 and 5 ".

§ 65. In art. 236 following amendments and supplements shall be made:

1. In paragraph 8. 1 item 2 is amended as follows:


"2. in possession of a diploma for completed secondary education in forestry and hunting farm" or "forestry and logging" and with qualification "technician-Forester", or diploma of completed secondary education and certificate of professional qualifications acquired with 3rd degree professional qualification "technician-Forester"; ".

2. in the Al. 2 section 2 is amended as follows:

"2. in possession of a diploma for completed secondary education in forestry and logging" or "forestry and hunting farm" and the qualification "technician-Forester", or diploma of completed secondary education and certificate for 3rd degree professional qualification "technician-Forester"; ".

3. in the Al. 4 item 2 is amended as follows:

"2. in possession of a diploma for completed secondary education in forestry and logging" or "forestry and hunting farm", or "Mechanization of forestry and logging" or "logging and transport", or "wood industry", and with qualification "technician-Forester", or "technician-technologist" or "technician-verry good, or diploma of completed secondary education and certificate of professional qualifications acquired with 3rd degree professional qualification in the specialties" Mechanization of forestry or forestry and logging " , or "forestry and hunting farm"; ".

4. a para. 5:

"(5) For the activities referred to in paragraph 1. 1, 2 and 4 in the public register may be entered and a natural person who holds documents for completed education and qualifications, which are equivalent to those required documents for the activity in accordance with the requirements of the Education Act, the Act on vocational education and training Act and the degree of education requirements and curriculum. "

§ 66. In art. 239, point 7, the words "2 and 3" shall be replaced by "2, 3 and 4".

§ 67. In art. the following modifications are made 240 and dop″leniâ:

1. The current text becomes paragraph 1.

2. a para. 2:

"(2) in the cases under art. 239, item 5, 7 and 8 orders of the Executive Director of the Executive forest Agency for unsubscribing from the register shall be subject to immediate implementation. "

§ 68. In art. 246 the following modifications are made and dop″leniâ:

1. The current text becomes paragraph 1.

2. a para. 2:

"(2) in the cases under art. 239, item 5 and 6 orders of the Executive Director of the Executive forest Agency for unsubscribing from the register shall be subject to immediate implementation. "

§ 69. In art. 271 following amendments and supplements shall be made:

1. The current text becomes paragraph 1.

2. a para. 2:

"(2) For infringements of Regulation (EC) no 995/2010 the penalty is a fine of 50 to 3000 EUR penalty payment, respectively from 100 up to 5000 EUR, if not provided for more severe punishment."

§ 70. In art. 273 following amendments and supplements shall be made:

1. a new paragraph. 2:

"(2) the Executive Director of the Executive forest Agency provides with a wood and non-wood forest products derived from forest territories – State property which is the subject of the violation, taken away in favour of the State, of:

1. the State enterprise under art. 163 – on forest territories – State property submitted for management;

2. the educational-experimental forestry – forest territories – State property submitted for his management. "

2. The current paragraph. 2 it al. 3 and after the words "forfeited in favour of the" insert ", with the exception of property under para. 2 "and a comma.

3. The current paragraph. 3 it al. 4 and in her words "para. 2 "are replaced by" para. 3. "

4. The current paragraph. 4 it al. 5 and after the words "forfeited in favour of the" insert ", with the exception of property under para. 2 "and a comma.

5. The current paragraph. 5 it al. 6.

6. The current paragraph. 6 it al. 7 and in her words "under para. 3 "shall be replaced by" under para. 4. "

7. The current paragraph. 7 it al. 8 and in her words "under para. 6 ' shall be replaced by "under para. 7. "

8. a para. 9:

"(9) Funds from the sale of property under para. 2 received after deduction of all costs of their detention and sale, shall be deposited in the bank account of:

1. the State enterprise under art. 163 – for wood and non-wood forest products from the forest territories – State property submitted for management;

2. the educational-experimental forestry – timber and non-wood forest products from the forest territories – State property submitted for his management. "

9. The current paragraph. 8 it al. 10.

§ 71. In art. 274 following amendments and supplements shall be made:

1. In paragraph 8. 1 paragraph 2, after the word "education", the text is deleted the rest.

2. a new paragraph. 2:

"(2) the persons referred to in para. 1, item 2 shall have the right to:

1. to stop the signal with the stop-stick and checked vehicles carrying wood and non-wood forest products in the territory of the State enterprise, and to examine any documents relating to the vehicle driven and the fulfilled transport;

2. to use vehicles with a special regime of movement specified by the Minister of agriculture and food, on a proposal from the Director of the State-owned enterprise. "

3. The current paragraph. 2 it al. 3. § 72. In art. 275 is hereby amended as follows:

1. Paragraph 2 shall be replaced by the following:

(2) Fines, penalties, and amounts received from the sale of their rightful possessions, or the monetary equivalent of the missing goods – subject and/or means of the offence, with the exception of the amounts for which applies art. 273, para. 9, shall be paid into the budget of the Executive Agency for the forests, and when criminal Decree is issued by the Mayor of the municipality of – in the budget of the municipality. "

2. Paragraph 5 shall be repealed.

§ 73. In § 1 of the supplementary provision the following amendments and additions:

1. point 49 shall be amended as follows:

"49." Secondary education "lesov″dsko is the secondary education of professional direction" Forestry "with the qualification" technician-Forester or technician-technologist "or profession" technician-Forester or technician-verry good "or equivalent to them education and training in accordance with the requirements of the Education Act, the Act on vocational education and training Act and the degree of education requirements and curriculum."

2. Create t. 50, 51, 52 and 53:

"50." Plantation "is an artificial plantation, created for the production of wood and forest products.

51. Special wood is untreated wood round, which produced specific sets of specified quality and/or sizes.

52. "Household" means two or more persons who live together in a single entity or part thereof in which are registered on a permanent or current address, and have a common budget, without regard to the relationship between them. A household is a person living in a home, in a room or in a part thereof, to a home, a private budget in terms of cost and meet other needs.

53. "sketch-project" is a sketch made in accordance with the regulations issued pursuant to art. 31 and § 4 para. 1, item 3 of the law on cadastre and land registry in connection with the award of development plans in accordance with the law on spatial planning, as well as with the administrative action under this Act. "

Transitional and final provisions

§ 74. (1) Lesoustrojstveni projects, plans and programmes established to 9 April 2011, reserve your action to development of forestry plans and programmes by the order of the Ordinance under art. 18, al. 1, but no later than the date of the action.

(2) Lesoustrojstveni projects, plans and programmes drawn up in accordance with Ordinance No. 6 of 2004 for the device of forests and lands of the forest fund and the lovnostopanskite areas in the Republic of Bulgaria (promulgated, SG. 27/04; amend., SG. 80 in 2005) that are not approved to 9 April 2011, shall be approved in accordance with the law, such as the forestry projects and plans have the virtue of forestry plans and forestry programs – the forestry programs.

§ 75. Revenue from funds for compensatory afforestation under the revoked law for forestry (promulgated, SG. 125 of 1997; amend., SG. 79 and 133 of 1998 No. 26 of 1999, no. 29 and 78 of 2000, no. 77, 79 and 99 of 2002 16/107 and 2003/72 and 105 by 2005, issue 29 , 30, 34, 36, 80, 82 and 102 in 2006, PCs. 17, 24, 53 and 64 since 2007, PCs. 43 and 54 of 2008; Decision of the Constitutional Court No 4 of 2008 – PCs. 63 by 2008; amend., SG. 69, 70 and 91 of 2008, PCs. 6, 12, 19, 32, 74, 80, 94 and 103 of 2009, PCs. 73, 87 and 88 by 2010; OTM, PCs. 19 of 2011.) the revenue of the State-owned enterprise under art. 163, in the District of which the property is situated, for which the due price for compensatory afforestation, and is spent to create new forests.

§ 76. For the period from 9 April 2011 to the entry in the commercial register of State-owned enterprises in annex No 1 State forestry farms, and public hunting grounds under art. 9, para. 1, item 1 of the law on hunting and game management introduced in the budget of the Executive forest Agency of the charges used by forests and forest lands in the Territories – Government property, in the amount and within the time limits under Decree No 202 of the Ministerial Council in 2008 for the adoption of the tariff for the fees collected in the system of State forestry agency under the law on Forests (edu. , SG. 73 by 2008; amend., SG. 89 since 2008).

§ 77. (1) by 31 December 2012, the Executive Director of the Executive forest Agency issued orders to unsubscribe from the register under art. 235 of persons who do not meet the requirements of art. 236. (2) the orders referred to in paragraph 1 communicate and may be appealed pursuant to the administrative code.

(3) the acts referred to in paragraph 1. 1 shall be published in the Official Gazette after their entry into force.


§ 78. The preparation of the forestry plan under art. 13, para. 2 or forestry program under art. 13, para. 14 natural persons, legal persons and their associations – the owners of land plots in forest areas with a total area of 2 hectares, including may make use of the wood under the following conditions:

1. do not place phases of final felling v″zobnovitelni;

2. do not carry out felling for resume or izd″nkovo srednost″bleno stewardship for the conversion of izd″nkovite forest in the seed;

3. the amount of the benefit to be not greater than 20 percent of the stock of the stand.

§ 79. (1) within six months of the entry into force of this Act, the directors of the regional directorates of forestry awarded the development of the regional plans of forest development territories.

(2) within three years of the entry into force of this Act, the Minister of agriculture and food issued an order to promote manufactured district plans under para. 1.

(3) The establishment of regional plans produced pursuant to para. 2 the provision of art. 73, para. 6 does not apply.

(4) The establishment of regional plans made under para. 2 the amount of funds for public ekostistemni benefits under Chapter Seventeen, conducive to doing business, shall be determined by a contract concluded between the person making the business, and the owner of the forest area, according to the State forestry or hunting farm State.

(5) the Treaty under paragraph 1. 4 shall be concluded in accordance with the law on obligations and contracts at the initiative of either party.

§ 80. (1) the persons entered in the public registers under art. 39, para. 2 and art. 57A, al. 1 of the revoked law for forestry (promulgated, SG. 125 of 1997; amend., SG. 79 and 133 of 1998 No. 26 of 1999, no. 29 and 78 of 2000, no. 77, 79 and 99 of 2002 16/107 and 2003/72 and 105 by 2005, issue 29, 30, 34, 36, 80 82, and 102 in 2006, PCs. 17, 24, 53 and 64 since 2007, PCs. 43 and 54 of 2008; Decision of the Constitutional Court No 4 of 2008 – PCs. 63 by 2008; amend., SG. 69, 70 and 91 of 2008, PCs. 6, 12, 19, 32, 74, 80, 94 and 103 of 2009, PCs. 73, 87 and 88 by 2010; OTM, PCs. 19 of 2011), which, at the date of entry into force of this Act are not officially re-registered pursuant to § 35, may be entered in the register under art. where: 235

1. meet the requirements of art. 236 and art. 242, and

2. no later than 31 December 2012 in perform the Executive forest agency application for registration and a copy of the documents for completed education and qualifications in accordance with the requirements of art. 236.

(2) the Executive forest Agency shall enter in the register persons pursuant to para. 1 by 31 December 2013.

(3) entry in the register shall be made ex officio, without the payment of fees.

(4) paragraph 3 shall not apply in cases when at the same time as the application in the Al. 1, item 2 the rightful claimant has submitted an application for entry and the change in circumstances.

(5) The entry in the register pursuant to para. 1 the right of the persons concerned to carry out activities in forest areas shall be certified by registration certificates issued under the revoked law for forests.

§ 81. In the law on privatisation and post-privatisation control (official SG. 28 of 2002; amended 78/2002, no. 20 and 31 of 2003. Decision No 5 of the Constitutional Court since 2003 – 39/2003; amend., SG. 46 and 84 of 2003 and 55/115 of 2004, no. 28, 39, 88, 94 , 103 and 105 of 2005, St. 36, 53, 72 and 105, 2006, issue. 59 since 2007, PCs. 36, 65, 94, 98 and 110 in 2008, PCs. 24, 42, 82 and 99 from 2009, PCs. 18, 50, 89 and 97 from 2010, PC. 19 and 98 by 2011, issue. 20, 38 and 54 by 2012.) in annex 1 to the art. 3, al. 1, section III ". The Ministry of agriculture and food "in 14-19 the word" forest "is deleted.

§ 82. In the hunting and game management (promulgated, SG. 78 from 2000; amend., no. 26 of 2001 No. 77 and 79 since 2002, no. 88 of 2005 No. 82 and 108 of 2006.64/2007, no. 43, 67, 69 and 91 of 2008, issue 6, 80 and 92 from 2009. , PC. 73 and 89 of 2010, PC. 8, 19, 39 and 77 from 2011, issue. 38 by 2012.) make the following changes and additions:

1. In art. 54:

(a)) in the Al. 1 creating the second sentence: "depending on the epizootic situation the Minister of agriculture and food, on a proposal from the Executive Director of the Executive Agency for the forest or of the Executive Director of the Bulgarian Agency for food safety and following consultation with the Minister of environment and water, by order may restrict or prohibit the hunting of certain species of wild game, as well as to apply sanitary shooting wild animals as part of the measures for the prevention , control and eradication of animal diseases ";

(b)) is hereby set up al. 12:

(12) in the "overpopulation of predators, Minister of agriculture and food by order pursuant to para. 1 may determine their method of hunting. "

2. In art. 65 s. 15 is created:

15. "shot with a diameter greater than 6 mm in the conduct of group hunting of wild boar with shot guns; in the conduct of a group of wild boar hunting with shot guns use only ammunition type "bullet."

3. In art. 67, para. 1 the words "art. 5 ' shall be replaced by "art. 7. "

4. Create art. 83 m, 83 n, o and p 83 83:

"Art. 83 m, Which does not fulfil the obligation under art. 65, is punishable by a fine of 200 to 2,000 BGN.

Art. 83. Who participates in Group hunting of wild boar and small game, without being equipped with a hat or clothes with bright signal colours, is punishable by a fine of 100 to 500 EUR

Art. 83. (1) o who hunts with the concentration of alcohol in the blood above 0.5 per thousand or narcotic drugs or intoxicating substances is punishable by a fine of 200 to 2,000 BGN.

(2) who commits an offence under subsection. 1, after he had entered into force criminal decree for another such violation within one year of its entry into force, shall be punished with fine in extend from 3000 to 5000 EUR

Art. 83 p. Which does not comply with the provisions of art. 56, para. 1, is punishable by a fine of 100 to 1000 BGN "

5. in annex No. 2 to the art. 9, para. 1 item 4 shall be amended as follows:

"4.". "

§ 83. The law on road traffic (official SG. 20 of 1999; amend., no. 1 of 2000 and 43/76 of 2002, no. 16 and 22 of 2003, issue 6, 70, 85 and 115 of 2004, no. 79, 92, 99, 102, 103 and 105 by 2005, issue 30, 34, 61, 64, 80, 82, 85 and 102 in 2006. , PC. 22, 51, 53, 97 and 109 from 2007, PCs. 36, 43, 69, 88 and 102 by 2008, PCs. 74, 75, 82 and 93 from 2009, PCs. 54, 98 and 100 by 2010, PC. 10, 19, 39 and 48 by 2011; Decision No. 1 of the Constitutional Court by 2012 – PCs. 20 by 2012; amend., SG. 47, 53 and 54 by 2012.) § 12A of the transitional and final provisions shall be amended as follows:

"§ 12 a. The procedure under art. 91, and the powers of art. 165, para. 2, item 1 and enjoyed by the persons under art. 197 and 198 of the Act on forests in the exercise of their powers under the protection and control of forest areas and in compliance with the requirements of art. 170. "

§ 84. The provision of art. 116 a, para. 1, item 2 shall enter into force from 1 January 2016.

The law was adopted by 41-Otto National Assembly on 25 July 2012 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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